HomeMy WebLinkAbout120814CITY OF PORT TOWNSEND
MINUTES OF THE SPECIAL SESSION OF DECEMBER 8, 2014
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The Port Townsend City Council met in special session on December 8, 2014 in the
Council Chambers at 540 Water Street. Mayor King called the meeting to order at 6:30
p.m.
ROLL CALL
Councilmembers present at roll call were Pamela Adams, Robert Gray, David King, Kris
Nelson, Catharine Robinson, Michelle Sandoval, and Deborah Stinson.
Staff members present were City Manager David Timmons, City Attorney Steve Gross,
City Engineer David Peterson, Senior Planner/Planning Manager Judy Surber, and City
Clerk Joanna Sanders .
PUBLIC HEARING
Ordinance 3124 Related to Interim Land Use Regulations in the Vicinity of 6th
and 10th Streets and Howard Street and Discovery Way; Re -Enacting and
Extending Ordinances 3116 and 3111 (which Amend Chapters 17.18 and 17.20 of
the Port Townsend Municipal Code) for an Additional Six -Month Period or Until
the City Finishes the Process of Code Review and Amendment Relating to
Zoning in the Affected Area
Mayor King read the rules of procedure for the public hearing. There were no financial
or property issues to disclose by Council regarding the matter.
Senior Planner/Planning Manager Judy Surber reviewed the Ordinance that
would extend until July 8 interim regulations that are due to expire on January
8, allowing time to conduct the economic feasibility study. The study should be
complete by February.
City Manager David Timmons reported the first phase of right of way acquisitions have
been completed. The next step would be to extend utilities. Keeping the interim zoning
regulations would help staff in assisting prospective businesses. The Community
Economic Revitalization Board study will also be beneficial to Howard Street property
owners in better understanding the marketing potential.
Public Comment: Steve Oakford urged good communication between Transit and
Council regarding transit considerations on this project. He would also like to see the
reinstitution of the Transit citizens advisory council.
During Council discussion, there were questions about the area off Discovery Road
zoned Parks/Open Space (P/OS) and whether zoning would need to change. Ms.
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Surber said this current zoning allows stormwater detention, retention, and treatment
facilities. City Engineer David Peterson said part of that P/OS property would be used
for the intersection and street extension as part of the right of way. There was also a
request to ensure good communication with the property owners. Mr. Peterson noted
that consistent with federal right of way requirements, the next step is to reach out to
property owners.
Motion: Catharine Robinson moved to approve waiving Council rules and approving
Ordinance 3124 Related to Interim Land Use Regulations in the Vicinity of 6th and
10th Streets and Howard Street and Discovery Way; Re-enacting and Extending
Ordinances 3116 and 3111. Michelle Sandoval seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Ordinance 3119 Relating to Comprehensive Planning; Adopting Certain 2014
Comprehensive Plan Map and Text Amendments, and Amendments to the Non -
Motorized Transportation Plan, Pursuant to Chapter 20.04 PTMC and Chapter
36.70A RCW
Mayor King reviewed the public hearing procedures. City Attorney Steve Gross
summarized the public comments received.
Motion: Catharine Robinson moved to approve re -opening the 2014 Comprehensive
Plan Amendments record to consider new written materials related to Docket Items, 1,
2 & 3, and 6 only. Deborah Stinson seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Financial or property issues disclosed by Council were as follows: Ms. Stinson noted
that in the course of another meeting, Commissioner Sullivan spoke to her about the
Transit matter, but she believed she could be impartial and would not recuse herself
from discussions. Transit Authority Board members Ms. Robinson and Mr. Gray
recused themselves from the Transit amendment. Ms. Sandoval noted that she
received a call about the Transit property, but the person (John Nesset) was asking
about title and deed restrictions primarily regarding Memorial Field. Ms. Nelson
disclosed that she has a rental property near Beech street, but has not talked to
anyone about the Beech Street matter. Ms. Robison disclosed that she lives in the
Beech Street neighborhood but has not spoken with neighbors about the amendment.
Ms. Surber gave the staff report and reviewed materials in the packet that reflect
Council proposed modifications to the Planning Commission recommendations
as requested at the November 10 meeting. The revised Findings and Conclusions
reflect the proposed changes to the amendments as does Ordinance 3119. She
reviewed public notification procedures followed.
Ms. Surber then reviewed suggested language modifications on Item 2 Kah Tai
Lagoon Park Policy 4.5.1 and Item 3 Decatur Street Trail to remove the multi-purpose
trail and adding a new conclusion. She noted that the amendment does not include
two added trail spurs on Lawrence and Garfield Streets. She noted that page 15 of the
Findings and Conclusions now better reflects the rationale for Beech Street.
Public Comment on Kah Tai and Beech Street amendments:
City Council Special Business Meeting December 8, 2014 Page 2 of 5
Jim Todd spoke in favor of the proposed amendment for policy 4.5.1 and eliminating
the Decatur Street trail and trail spurs.
Pam Chapman spoke about further, more stringent protection sought by neighbors for
the Beech Street property and Froggy Forest. She urged Council to pursue
options previously mentioned by Council (Jefferson Land Trust covenant, designation
of green stormwater infrastructure).
Allison Capener spoke about environmental sensitivity of the Froggy Forest and in
favor of further protection of the .88 acres.
John Mericle spoke about the protection from erosion and flooding provided by Froggy
Forest. He spoke in favor of removing the Beech Street property from the list of
affordable housing options, re -categorizing it as stormwater drainage, and working
with Jefferson Land Trust on a covenant for protection.
Patty Hoyecki urged exploring the alternatives previously mentioned to protect Froggy
Forest.
Mayor King closed the public testimony portion of the hearing related to Kah Tai
and Beech Street items.
During Council discussion, there was interest in staff bringing forward resolution(s) to
remove the Beech Street property from the list of surplus property, consideration of
reclassifying the property as an urban reserve area for stormwater and wildlife habitat;
and authorizing entering into discussions with Jefferson Land Trust.
Motion: Catharine Robinson moved to approve tentatively Docket Item 2. Kah Tai
Lagoon Park Policy alternative language as rewritten and the reassessment of the
Decatur Street trail as provided in Exhibit D Attachment 5 of Ordinance 3119. Robert
Gray seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Motion. Catharine Robinson moved to approve tentatively Docket Item 6 Beech Street
Rezone approving the Findings of Fact as modified by Council and modifying the
conclusions to add to 24. Stormwater Functions and...., in number 25 striking the last
two sentences, striking number 26, and amending 27 to remove everything after
"Granting the petition would further limit the city's use of the property. " Pamela Adams
seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Mayor King opened the public hearing on the Jefferson Transit Rezone.
Councilmembers Robinson and Gray left the meeting.
Ms. Surber reviewed proposed changes to rezone a portion of Block 281 and abutting
vacated McClellan Street to R -II medium density single-family residential. The findings
(pages 1-11) have been revised to reflect that the character of the surrounding
properties has not substantially changed since the 1996 Comprehensive Plan and to
reflect an additional Comprehensive Plan Policy 9.14 of the land use element which
discourages the conversion of residential areas to non-residential uses. She noted that
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Page 11 of Exhibit D gives a text description of the change to the graphic in Exhibit A.
Ms. Surber then reviewed the public notification procedures followed.
Public Comment:
Tammi Rubert of Jefferson Transit strongly objected to the City's proposed action to
modify their amendment and indicated they would take action to protect their interests
in this public property. A denial would directly and economically harm a public agency.
She urged Council to approve Transit's application with the additional conditions as
they have already been proposed and recommended by the Planning
Commission. She reviewed the previous conditions on the property which Transit
believes adequately address the concerns Council expressed. Transit believes making
the proposed modifications would impact their ability to sell the property.
David Sullivan (County Commissioner and Transit Authority Board President) spoke in
favor of the former amendment as written, following the Gateway Development
plan. With this amendment they are asking that it move from an essential public facility
to commercial to support Transit. He talked about how changes to their proposal to
require a residential zone before getting to the commercial zone creates another buffer
and limits the Jefferson Transit vision.
Public comment:
Rick Jahnke spoke in support of the revised findings and urged passing the ordinance
as revised. He noted no one wants to hurt a public agency but he does not believe a
public agency should be in the business of speculating and making money from land.
He spoke about the residential character of the neighborhood and future residential
development.
Steve Oakford spoke in support of Jefferson Transit's position and to Transit getting
the market value and having the same opportunities just as any other business.
Public testimony was closed.
Council deliberated as follows: When asked about the difference in estimated value if
zoned entirely commercial versus a portion being zoned residential, Ms. Surber
pointed out that Attachment 6 refers to the evaluation criteria. The fact that the
property may be sold at a higher value is not one of the criteria Council can consider.
Ms. Surber said Ms. Rubert may have appraisal information about R-11 versus C-11
zoning. It was noted that in 1996 as part of the Comprehensive Plan process, the
property was zoned P-1 Public Infrastructure. The prior zoning is depicted in Figure
1.6 and the Findings of Fact (Attachment 4, page 5) lists the history. Ms. Surber
responded that the Gateway Development Plan addressed the viability of the property
and access. She also responded to questions about the buffer from Sims. Ms.
Sandoval referred to Page 8 of 17 in Findings, which she believes reflects a 300 -foot
buffer. She pointed out that this proposed amendment is about a rezone in a
neighborhood that impacts the community. If the revised amendment is approved, she
believes, it would remain a nice commercial property. There were comments
in support of the value of the residential property in this area and for Jefferson Transit
in general. There was not support for giving special consideration because they are a
public agency. It was recognized that there were mitigation plans with the
original amendment. There was concern about the lack of public comment with the
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original and proposed amendment to return the back portion of the property to
residential. There were other comments in support of the revised amendment.
Motion: Michelle Sandoval moved to approve tentatively Docket Item 1 Jefferson
Transit Amendment Land Use Designation and Rezone findings and conclusions as
modified and shown in Exhibit D. Catherine Robinson and Robert Gray were recused.
Pamela Adams seconded.
Vote: motion carried unanimously, 5-0 by voice vote.
Mr. Gray and Ms. Robinson came back into the meeting at 8:18 p.m.
Staff asked if there were questions regarding cumulative impact analysis Exhibit G in
book SEPA addendum and cumulative impact is on page 18 of 22. There were none.
There was question about budget for Parkside Park.
Motion: Michelle Sandoval moved to approve waiving Council rules for next two
subsequent actions. Catharine Robinson seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Motion. Michelle Sandoval moved to approve Ordinance 3119 Relating to
Comprehensive Planning; Adopting Certain 2014 Comprehensive Plan Map and Text
Amendments, and Amendments to the Non -Motorized Transportation Plan, Pursuant
to Chapter 20.04 PTMC and Chapter 36.70A RCW with the exception of Docket Item
Jefferson Transit. Deborah Stinson seconded.
Vote: motion carried unanimously, 7-0 by voice vote.
Motion: Deborah Stinson moved to approve Ordinance 3119 Relating to
Comprehensive Planning, Adopting Certain 2014 Comprehensive Plan Map and Text
Amendments, and Amendments to the Non -Motorized Transportation Plan, Pursuant
to Chapter 20.04 PTMC and Chapter 36.70A RCW related to Docket Item 1 Jefferson
Transit. Catherine Robinson and Robert Gray were recused. Pamela Adams
seconded.
Vote.- motion carried unanimously, 5-0 by voice vote.
Mr. Timmons reviewed items coming forward to Council on December 15.
ADJOURN
There being no further business, the meeting adjourned at 8:29 p.m.
Attest:
Joanna Sanders, CMC
City Clerk
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