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HomeMy WebLinkAbout010807 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL BUSINESS MEETING OF JANUARY 8, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the eighth day of January 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, Catharine Robinson, Michelle Sandoval, Scott Walker and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Senior Planner Judy Surber, and City Clerk Pam Kolacy. PUBLIC HEARING ORDINANCE 2938 AN ORDINANCE ADOPTING THE UPDATED SHORELINE MASTER PROGRAM, SUPERSEDING THE EXISTING SHORELINE MASTER PROGRAM, REPEALING THE URBAN WATERFRONT PLAN (1990) AND COMPREHENSIVE PUBLIC ACCESS PLAN (1992) AND AMENDING THE PORT TOWNSEND COMPREHENSIVE PLAN AMENDING ORDINANCE NO. 2539 Mayor Welch read the rules of procedure for public hearings. No Councilor claimed any financial or property interest in the outcome of the matter. Senior Planner Judy Surber reviewed the packet materials. She stated that the review by the Department of Ecology has been completed and they have proposed some changes that must be approved by the City in order to keep final approval of the plan on track. She listed three key issues: Allowable over water structures (Dept. of Ecology will not allow cantilevered decks on upper stories of historic buildings unless there are issues of safety or egress.) Change to the state's definition of "mixed use" in shorelines. This resulted in a language change that leaves the intent of the Plan unchanged but changes language to conform with Ecology guidelines. City Council Special Meeting Page 1 January 8, 2007 Any reasonable use exceptions granted under the City's Critical Areas Ordinance would require a Shoreline variance. Ms. Surber reviewed the Planning Commission process and the Commission's recommendations. Staff has recommended an additional change to allow aquaculture at Boat Haven (to address an apparent omission to the Ecology Required and Recommended Changes). This pertains to the Port's request to clarify seafood culturing, harvesting and processing as a permitted us on the uplands at the Boat Haven. The outcome of final adoption of the Shoreline Master Program will be to retire the Urban Waterfront Plan and Public Access Plan; all will be combined into the new Shoreline Master Program. The Department of Ecology will provide a letter of approve; then the ordinance will be published and this will initiate a 60-day appeal period; after the appeal period, the Program will become effective. Councilors had several questions about the outstanding items, particularly aquaculture and second story decks on historic buildings. Ms. Surber explained that second story decks for purposes of public use and viewing are allowable but decks for use by paying customers (such as a bar or restaurant) are not. The Dept. of Ecology believes there are significant environmental issues associated with over water structures and want to limit them; they are also concerned about setting such a precedent. Mr. Walker asked what would happen if the Council rejects the changes. Ms. Surber replied that for the greater good of getting the Program adopted, staff would suggest that Council approve the ordinance now and then staff and electeds can lobby for a change in legislation, for example, to make allowances for historic structures. Public comment There was no public comment. Mr. Welch noted his concern about the reasonable use exception and the impact on temporary uses for local events. Ms. Surber stated that at this time Ecology was not willing to create an exemption for a temporary use but that variances are granted locally and according to the City's criteria. Temporary uses that meet the criteria will be granted a variance but it is another step to go through. City Council Speciai Meeting Page 2 January 8, 2007 Ms. Sandoval stated she would like to continue to pursue the idea of lobbying but does not see a reason to hold up adoption; she added that existing decks are still protected. Ms. Surber noted that the City could document the items we would like further discussion about in a letter to Ecology. She added that working cooperatively with the agency has been effective in the past. Mr. Welch noted that as larger jurisdictions adopt their own Shoreline Programs, they might end up leading the way on these issues. Motion: Ms. Robinson moved to approve Ecology's Required and Recommended Changes as modified by the Planning Commission with the additional recommended change to modify Chapter 5.12 "Boat Haven Marine Trades District" to remedy an apparent internal inconsistency in regard to treatment of upland aqua cultural activities occurring at the Boat Haven as a permitted use as detailed in Attachment E(2). Mr. Welch seconded. Motion carried unanimously, 6-0, by voice vote. Motion: Ms. Robinson moved to waive Council rules for two readings and adopt Ordinance 2938. Mr. Welch seconded. The motion carried, 5-1, by roll call vote, Masci opposed. Motion: Mr. Masci moved to direct staff to develop a letter presenting the Council's approval of Ordinance 2938 and that also points out emphatically that the Council is concerned about particular restrictions and would like continuing dialogue on those. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 7:25 p.m. Attest: O~d~ cKu~ Pamela Kolacy, CMC City Clerk City Council Special Meeting Page 3 January 8, 2007