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HomeMy WebLinkAboutMinutes 10/11/1994 2872 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington October 11, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 5:05 p.m. The purpose of the meeting was .to conduct a workshop on the Shoreline Master Program. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, Ostrowski and Schueler [arrived at 5:07 p.m.]. Members Absent: Councilmember McKeown. Staff Present: Attorney Knutson, Clerk Upton, B. Collins, and J. Jimerson. Public Present: L. Meyer, J. Glaubert, C. Brown, C. Muir, K. Sweeney, B. Jones, P. Schroeder, and C. Alexander. Shoreline Master Shoreline Master Program: Mayor Sargent opened the meeting by asking that Program everyone introduce themselves, particularly since there were so many advisory committee members present. Planning Director Collins advised the Council that the committee will continue to meet to work on issues recommended by the Planning Commission, such as height restrictions, view corridors, and comments submitted by the Department of Natural Resources. Mayor Sargent suggested that the Council commence by reviewing the DNR comments and the City's response to each comment. In the ensuing discussion, Councilman Doyle inquired as to the process for amending the Shoreline Master Program. Director Collins responded the process would be quite similar to that presently used, i.e., the amendments would be subject to Planning Commission review for submission to the City Council and, ultimately, to the State. It is anticipated that amendments will be done next spring. It was noted that the City is not asking for County endorsement of the plan, as the State would approve a separate plan for the County. The County selected one-half of the advisory committee members, so County representation has been in place on the committee throughout its efforts. In reviewing the DNR comments, reference was made to Comment Nine, Page 56, pertinent to "public use of lands or waters subject to the public trust doctrine". DNR felt the lands and waters to be undefined, and it may be more appropriate to refer to public use "within Port Angeles' shoreline jurisdiction". Discussion followed, and Director Collins wasn't sure there was a significant language difference between that suggested and that already contained in the document. In addition, the Shoreline Master program in its entirety only encompasses that which is within the Port Angeles jurisdiction. Jack Glaubert, a member of the advisory committee, strongly suggested a change in the definition of public trust doctrine, as he felt the doctrine includes only the navigable waters and nothing more. Specific reference was made to Mr. Glaubert's situation wherein he personally owns certain tidelands which, in his opinion, are not subject to the public trust doctrine. After lengthy discussion, Attorney Knutson offered clarification in that this issue has already been decided by the State. The City's Shoreline Master Program is an effort to formulate policy and use regulations that apply within the realm of the State's already established Shoreline Management Act. Clarification was requested by Councilman Braun concerning Item 6, Page 89, relative to not locating marinas and launch ramps at or along significant littoral drift sectors. Director Collins explained that the littoral wave action along the beach cannot be impeded, i.e., the littoral drift outside Ediz Hook. Director Collins directed attention to the language of Item B.6., Page 26, and asked for discussion as to whether a convention center could be allowed on the Oak Street property in view of this particular goal. He noted testimony had been offered at the City Council's public heating on this issue. In the discussion that followed, it was suggested that convention centers be added, as it would be considered a use for water - 1 ' 2873 CITY COUNCIL MEETING October 11, 1994 Shoreline Master enjoyment. The Council considered the matter and agreed by consensus to add Program (Cont'd) "convention facilities" to the definition of water enjoyment on Page 22. Also to be considered as part of this discussion were the matrices on Pages 76 and 77, wherein "water enjoyment" or "water-related" should be added to commercial, industrial, recreation, and transportation uses. The Council then considered a matter brought before the public hearing by Chris Muir having to do with height restrictions and view corridors, specifically in the area of the Oak Street property. The Planning Commission had recommended the matter be referred back to the advisory committee for further consideration, as the ~-- Commission expressed concern with a height limitation in the Industrial ~ District of 35 feet. Mr. Muir cited the Shoreline Management Act and indicated the views of residential structures would be impeded. Director Collins, however, felt the burden of proof would rest with Mr. Muir and the other members of the neighborhood in establishing there is a substantial number of residents so impacted. Additionally, the question must be asked as to whether those residences would be considered to adjoin the area in question. Mr. Muir stressed the importance of enforcing the CBD height limitation of 45 feet; there should be no other means to accomplish a greater height, such as through the Conditional Use Permit process. Attorney Knutson indicated the Shoreline Hearings Board has probably considered a similar situation in previous decisions, the results of which would be available. Mayor Sargent asked the City Attorney to seek further information in that regard. Break Mayor Sargent recessed the meeting for a break at 6:17 p.m. The meeting reconvened at 6:25 p.m. The City Council was informed that one of the main priorities of the City's review process has been for all entities to be able to abide by the Shoreline Master Program in an environment where nothing is particularly adverse for the continuation of business operations. Brian Jones, an advisory committee member, felt Rayonier could abide by the plan; however, he expressed concern with the possibility that the permit processing time will be extended significantly. In addition, he had previously expressed concern with the archeological portion, but he was comfortable that he has resolved those concerns by addressing the matter with Carol Brown, advisory committee representative from the Elwha Tribe. Mr. Jones also commented on the additional workload for the Planning staff. Director Collins assured everyone in attendance that it is not the staff's intention to lengthen the permitting process at all. Further, he noted the cooperative efforts which have come forward in the preparation of the archeological portion. Jack Glaubert inquired as to the status of Chapter 8, the administrative procedures. Director Collins indicated the administrative procedures were not made a part of the Master Program to be adopted by the State, and Attorney Knutson proposed combining the procedures ordinance and what the consultant suggested for Chapter 8 into one document. Director Collins noted that Chapter 8 will not be an attachment to the Master Program when it is forwarded to the State. Mr. Glaubert asked that the committee be given the opportunity to review Chapter 8 before it is submitted to the Planning Commission or the City Council for consideration. Attorney Knutson agreed the committee should be given this opportunity. A general discussion follOwed regarding different aspects of the Shoreline Master Program, and the members of the advisory committee were acknowledged for their efforts and hard work on the document. On another matter, the Council members discussed a meeting proposed for Tuesday, October 18, 1994, with the County Commissioners on the matter of growth management issues. Mayor Sargent will follow-up with Manager Pomeranz as to the date and time selected for this meeting. ADJOURNMENT: The meeting was adjourned at 7:05 p.m. -2-