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HomeMy WebLinkAbout09202004 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this twentieth day of September, 2004, at 6:30 p.m. in the Port Townsend temporary Council Chambers at Building 204, Fort Worden, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were, City Attorney John Watts, Acting City Manager Ken Clow, Long Range Planning Director Jeff Randall, and City Clerk Pam Kolacy. Mayor Robinson stated that Deputy Mayor Michelle Sandoval would act as Presiding Officer. CHANGES TO THE AGENDA . There were no changes to the agenda. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Al Frank: regarding levy lid lift ballot measure Vern Garrison: regarding levy lid lift ballot measure Proclamation: Mayor Robinson read a proclamation designating the week of September 20 as Port Townsend High School Baseball Week. Tom Kent and members of the State Championship team were present to accept. Mr. Clow noted that the All Hazards Alert Broadcast (AHAB) system would be tested on Wednesday. He also gave a brief update on the city's water system. CONSENT AGENDA Mr. Kolff moved for approval of the following items on the Consent Agenda. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. . City Council Business Meeting Page I September 20,2004 Approval of Bills, Claims and Warrants · Voucher 91253 in the amount of$12,000.00 Vouchers 91254 through 98398 in the amount of$171,922.37 Voucher 907041 in the amount of$I,395.00 Vouchers 920041 trough 920047 in the amount of $10,910.49 Vouchers 9200410 through 9200411 in the amount of$60,915.26 Approval of Minutes September 2, 2004 PUBLIC HEARINGS Deputy Mayor Sandoval reviewed the rules of procedure and conduct for public hearings and stated that these rules would apply to all public hearings scheduled for the evening. She asked if any council members had any interests, financial or property, to disclose in connection with any of the hearing items. Mrs. Medlicott stated for the record that she has been a long time volunteer at Fort Worden. · Mr. Kolff stated for the record that he was directly involved with the 22nd Street Park neighbors during their negotiations with the city but has no direct association with them at this time. ORDINANCE 2878 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING AMENDMENTS TO THE DEFINITION OF "CONFERENCE CENTER" AS WELL AS A NEW DEFINITION FOR "INSTITUTIONS, EDUCATIONAL" WITHIN SECTION 17.08.020 PTMC; ADOPTING AMENDMENTS TO TABLE 17.24.020 PTMC TO RECLASSIFY CERTAIN USES WITHIN THE P/OS(A) ZONING DISTRICT WHEN OCCURRING AT THE FORT WORDEN STATE PARK AND CONFERENCE CENTER; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENT SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 26.70A RCW) RESOLUTION 04-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING LUP04-021, A SITE SPECIFIC, QUASI-JUDICIAL REQUEST BY THE CITY OF PORT TOWNSEND TO AMEND THE COMPREHENSIVE PLAN LAND USE MAP AND THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17 PTMC TO CHANGE THE DESIGNATION AND ZONING OF PROPERTY · City Council Business Meeting Page 2 September 20, 2004 .____-~~~~ ~ J . LOCATED AT THE INTERSECTION OF WILSON AND 22ND STREETS FROM R-II TO P/OS ORDINANCE 2879 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES AND POLICIES CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING ONE SPECIFIC AMENDMENT TO THE OFFICIAL LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 12, STREETS & SIDEWALKS, AND TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE DEVELOPMENT SERVICES DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLES 12 & 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). . Eric Toews of Cascadia Planning, presented the staff report and briefly reviewed the packet materials, noting that the Council held a workshop on these matters on September 13. He also stated that two of the matters are specifically docketed as part of the Comprehensive Plan update mandated by state law, and the Fort Worden amendment was not docketed as the changes relate only to code language, not inconsistencies with the Comprehensive Plan. He also stated that the initial version of the ordinance was developed in concert with State Park staff and would have made educational institutions an allowable, rather than a permitted use; however, the Planning Commission recommended that educational institutions should be a conditional use thereby allowing some opportunity for expanded public review. Regarding the changes to the narrative text of the Comprehensive Plan, he noted that some text proposed for deletion in this ordinance had been added in prior amendment processes and some language was almost a force of policy although not expressed in explicit policy language. He stated that staff has tried to keep the focus on population projections and locations which are the underlying rationale for redrawing UGA boundaries under GMA. The two particular sentences in question were not called out as specifically docketed items in April of this year and were not explicitly noticed; staff recommends that some of the stricken language be included in the final text of the . City Council Business Meeting Page 3 September 20,2004 · ordinance and that Council look to a future amendment process so that this can be included in explicit policies rather than buried in narrative text. Public Comment: Norma Fried spoke in favor of adopting Resolution 04-054. Questions from the Council Ms. Robinson asked about the definition of "emergency shelters" and whether Red Cross use refers specifically to catastrophic emergencies rather than temporary shelter for various other reasons. Mr. Toews noted that the definition in 17.08 of emergency shelters indicates there is a distinction. Mr. Kolffnoted that in the narrative on page 9, line 1, there is a reference to Glen Cove lying immediately adjacent to the city's corporate limits. Mr. Toews agreed that Glen Cove is non-contiguous and that sentence should be changed for accuracy. · Mrs. Medlicott asked when the changes would go into effect if the ordinance were adopted. Mr. Watts stated that since the Fort Worden amendments are not part of the Comprehensive Plan amendment, they could be taken on a different track for adoption. Staff recommends that adoption of Ordinance 2879 and Resolution 04-054 concurrent with Phase II of the update and waiting for adoption until early 2005 when Phase II and III have been completed (off-street parking/loading and critical areas ordinance). Ms. Fenn asked how that fits in with the need to be compliant with state regulations regarding the Comp Plan update. Mr. Watts stated that if there were a legal challenge, in all likelihood by the time the Growth Management Board heard the appeal the City would be in compliance; in terms of setting the schedule, it is partly done because staff does not want to rush the process, particularly on the critical areas ordinance. Mr. Toews stated that there is a large amount of work in providing background material to show what has been reviewed and considered in arriving at the conclusions reflected in the code. He stated this should be before the Planning Commission in November with the anticipation of a recommendation to the Council very early in 2005. Deputy Mayor Sandoval asked if any audience members wished to speak solely to clarify items raised by Councilors' questions. There were none. Public testimony was concluded at 7:30 p.m. Motion: Mr. Masci moved to waive Council rules in order to adopt Ordinance 2878 this evening. Mrs. Med/icott seconded. The motion carried unanimously, 7-0, by voice vote. · City Council Business Meeting Page 4 September 20,2004 . Motion: Mr. Kolffmovedfor first reading of Ordinance 2879 with the change on page 9 to identify Glen Cove as lying "near" rather than "immediately adjacent to" the City's corporate limits. Ms. Robinson seconded. Amendment: Ms. Fenn moved to amend the motion by removing strikeouts from page 10, reinstating "the city of Port Townsend does not support extending a UGA to encompass unincorporated lands adjacent to Port Townsend nor, does it support a stand alone Glen Cove UGA." Mr. Kolff seconded. Ms. Robinson asked Mr. Toews about the language struck at the top of page 12. He replied that this is narrative text which is descriptive; he suggested that for clarity and to be sure the item is docketed and noticed, he recommends reinstating this language as well. He also suggested a rewording on page 10 to insert at the end of the page .. . "boundary, and at the time of this writing, the city does not support extending the UGA to encompass unincorporated lands adjacent to Port Townsend nor does it support a stand alone Glen Cove UGA." Amendment withdrawn: Ms. Fenn withdrew the previous amendment. Friendly amendment: Ms. Fenn offered as a friendly amendment the reinstatement of language on page 10 as suggested by Mr. Toews and the change on page 9 proposed by Mr. Koljf. There were no objections to the amendment. . Mr. Sandoval suggested reinstating language on page 12 stating, "A shortage ofland served with adequate infrastructure and zoned for commercial and manufacturing development still exists within the City limits." Ms. Fenn suggested removing the words "land served with" Neither was accepted as a friendly amendment. Mr. Masci stated it could be argued that there are not adequate acreages of land zoned properly for commercial development and there are people in the community who will disagree with the statement, whether the Planning Commission has recommended it or not. Amendment: Mr. Kolff moved to insert on page 12 a sentence saying, "a shortage of adequate infrastructure for commercial and manufacturing development still exists within the city limits." Ms. Fenn seconded. The motion carried, 4-3, by voice vote, with Benskin, Masci and Medlicott opposed. Vote on main motion: first reading of Ordinance 2879 as amended carried unanimously, 7-0, by voice vote. RECESS . City Council Business Meeting Page 5 September 20, 2004 Deputy Mayor Sandoval declared a recess at 7:58 p.m. for the purpose of a break. · RECONVENE The meeting was reconvened at 8:08 p.m. ORDINANCE 2864 AN ORDINANCE OF THE CITY OF PORT TOWNSEND DELETING SECTION 17.16.050 COTTAGE HOUSING OF THE PORT TOWNSEND MUNICIPAL CODE, ADDING NEW CHAPTER 17.34 COTTAGE HOUSING DEVELOPMENT DESIGN STANDARDS, AMENDING CHAPTER 17.46 COMMERCIAL, MULTIFAMILY, COTTAGE HOUSING DEVELOPMENTS, AND MIXED USE ARCHITECTURAL AND SITE DESIGN REVIEW PROCESSES, AMENDING PORTIONS OF TITLE 17 ZONING AND TITLE 20 ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS; RELATING TO COTTAGE HOUSING DEVELOPMENTS, REVISING MAXIMUM DENSITIES, PROVIDING FOR SEP ARA TION OF COTTAGE DEVELOPMENTS, CLARIFYING THE PURPOSE AND INTENT OF COTTAGE DESIGN STANDARDS, PROVIDING IMPERVIOUS SURFACE STANDARDS IN R-l, CREATING AN ALTERNATE DESIGN REVIEW COMMITTEE PROCESS FOR COTTAGE HOUSING DEVELOPMENTS, AND CORRECTING A MINOR CODE ERROR REGARDING THE CLASSIFICAITON OF MINOR CONDITIONAL USE PERMITS AS TYPE II LAND USE PERMITS · Long Range Planning Director Jeff Randall reviewed the packet materials. He said that he recommends putting cottage housing in its own chapter of the code. He supplied a list of suggested edits dated 9-20-04. Public comment Dorothy Hensey supported adoption of the ordinance as presented in the packet materials rather than with incorporation of staff suggestions. She also supported a minimum distance between cottage housing projects, preferably 200 feet. Ms. Hensey read written comments from Mike & Laurel Dawson who support these changes; they also support a minimum distance between cottage housing developments and oppose eliminating the roof pitch and eave dimensions; this could be used as a loophole around the restrictions on mobile home parks. Mr. Randall noted that in Exhibit B, page 10, there are options for the Council to choose regarding the degree of separation between cottage housing developments. He also explained that "blocks" in Port Townsend vary greatly in their dimensions. · Deputy Mayor Sandoval asked if there were any questions from Councilors regarding the presentation and materials. City Council Business Meeting Page 6 September 20. 2004 · Mr. Benskin asked for clarification on the permitting of mobile homes in Port Townsend. Mr. Randall replied that mobile homes are not allowed as single family residences in Port Townsend and that mobile home parks are not a permitted use anywhere within the city; there are a couple existing that are grandfathered. Houses sited in Port Townsend must meet manufactured home requirements. Ms. Robinson asked why impervious surface language is only attached to RI zones (page 5). Mr. Randall stated that the Rl zone is distinctive because we know there is pervasive poor infiltration and the zoning attempt to avoid those cumulative impacts. He added that all cottage projects will be subject to engineering design and developers will be encouraged to use low impact techniques. Ms. Robinson asked about reference to "clustering parking" on page 7. Mr. Randall said this is new language and was added as a design standard objective. He stated he believes the language is clear enough for consistent interpretation. Mr. Masci asked if there is a definition of "traditional Northwest cottage design." Mr. Randall said this is not included in the definition section. · Ms. Sandoval asked if a manufactured home could qualify for a cottage housing project if there was no roof pitch. Mr. Randall stated that the ordinance is not intended to prohibit manufactured or modular homes as long as they meet the design standards. He added that the Planning Commission thought the roof pitch requirements would encourage a certain standard of quality home that would fit in better with a neighborhood. Ms. Sandoval asked if there were anyone in the audience who wished to clarify any issues raised during Councilors' questions. There were none. The public testimony portion of the hearing was declared closed at 8:40 p.m. Motion: Mr. Masci moved for adoption of Ordinance 2864 and appendices A, B, C, and D, incorporating the changes in the staff memo dated September 20, 2004, and including option 2 (500 feet or one block, whichever is greater) in 17.34.210, required separation. Mr. Benskin seconded. Amendment: Ms. Fenn proposed an amendment to remove the language proposed by staff in the 9-20-04 memo (Exhibit B, #4) regarding roof pitch and eaves. Mr. Kolff seconded. Mr. Benskin referred to the lengthy discussion about regulating manufactured and modular homes by roof pitch at the council workshop and stated he believed consensus at that time was to direct staff to remove that. · Ms. Sandvoal stated the discussion wasn't a directive about not regulating manufactured homes but about roof pitch itself; Ross Chapin said at that time there were alternatives to City Council Business Meeting Page 7 September 20, 2004 · making cottage housing work without stipulating 6/12 roof pitch. She did not remember an explicit directive to staff. Ms. Fenn stated that Planning Commission supported the 6/12 pitch and she thinks they should be supported. She also noted her disappointment that the affordable housing element was not included in the ordinance; she believes this was a missed opportunity. Ms. Robinson stated she thought there was a discussion indicating that 12" eaves and window trim was another way of addressing the design elements that answers some of these questions. Mr. Kolff said that he understands the clarifications and will not support the amendment. Vote on amendment: motionfailed, 2-5, with Benskin, KoljJ, Masci, Medlicott, and Sandoval opposed. Ms. Fenn spoke in favor of the 1,000 foot separation choice. Mrs. Medlicott stated she would be more comfortable supporting option 3 (1,000 ft.) than option 2 (500 ft.) because she believes it will create the opportunity for cottage housing to occur easily without unduly impacting established neighborhoods; she also would like roof pitch language included. · Ms. Robinson stated she would prefer 1000 feet. Amendment: Ms. Fenn moved to amend the main motion by replacing staff option 2 (500 feet or one block, whichever is greater) with option 3 (1,000 feet or one block, whichever is greater.) Motion carried, 4-3, by voice vote, with Benskin, Kolff and Masci opposed. Vote on main motion as amended: motion carried unanimously, 7-0, by roll call vote. SUGGESTIONS FOR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Motion: Ms. Robinson moved to task the Finance and Budget Committee with planning a forum on the tax levy ballot proposal. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Benskin moved to add consideration of a moratorium on sign code enforcement to a future agenda. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. · Mr. Kolff asked about information on the ballot proposition; Mr. Watts stated that Mr. Timmons has directed staff to prepare an informational Q & A and that is in process. City Council Business Meeting Page 8 September 20, 2004 · · · ADJOURN There being no further business, the meeting was adjourned at 9:20. Attest: Q~ cj>{~ Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 September 20, 2004