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HomeMy WebLinkAbout2009-12-14 City Council Minutes Approved G Y Off' City Council Study Session Minutes— December 14, 2009 9c At 7:30 p.m. Mayor Maxwell called the regularly scheduled study session of December 14, 2009 to order. Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer were present. Shoreline Master Program Planning Director Ryan Larsen noted that public participation opportunities for the Shoreline Master Program (SMP)since the process began in 2006 will have included 48 public meetings and seven written comment periods. Mr. Larsen asked for some general direction from Council on the three topics introduced at the November 23, 2009 City Council study session. Environmental Shoreline Designations: Mr. Larsen presented three maps depicting potential shoreline designations in keeping with the guidelines set out in WAC 173-26. Figure 5.1 c was developed in response to feedback on Figures 5.1 a and 5.1 b. Figure 5.1 c includes increased Conservancy designation along portions of the shorelines of Little Cranberry, Heart and Whistle Lakes, Conservancy designation for Fidalgo Bay south of Weaverling Split, and a parallel Conservancy/Shoreline Residential designation for the Guemes Channel shoreline from Lovric's Marina west to Ship Harbor and east towards downtown. The WAC suggests parallel designations where a City wants to protect resources such as high habitat value or steep/unstable slopes near the shoreline but allow development further from the water. Mrs. Richardson asked if the Urban designated area where the old canneries and marinas are located follows the City's zoning map or if there is some other rationale. Mr. Larsen said the Urban designation follows the LM zoning line in that area. Mrs. Pickett noted that the City's east shoreline is designated Urban Maritime down to the plywood mill and south of that is designated Shoreline Residential even though there is only one residence there and asked why. She wondered if staff had considered a parallel designation for that area along the Tommy Thompson Trail. Mr. Larsen reported that the consultants had recommended Shoreline Residential due to development properties east of Fidalgo Bay Road but would not disagree with a Conservancy designation due to the trail location. Mr. Turner asked if a parallel designation would always be 100 feet of Conservancy and 100 feet of Shoreline Residential. Mr. Larsen said a 50/50 split is preferred and that the trail is a permitted use within a Conservancy designation. Mr. Turner asked if 100 feet of Conservancy along the water would interfere with plans for businesses and homes there. Mr. Larsen said staff had not examined that yet. Mr. Turner and Mrs. Richardson suggested that be considered. Mr. Adams asked if the shoreline designations are intended to describe existing use or planned use. Mr. Larsen said some of each. Mr. Geer asked why the wetlands shown on Figure 5.1 c have no shoreline designations. Mr. Larsen replied that water bodies have to be hydrologically connected to be considered significant shorelines. Mrs. Pickett asked why the Washington State ferry dock is designated Urban rather than Urban Maritime. Mr. Larsen replied that Urban Maritime was used where the City's zoning shows maritime [commercial marine]. Mrs. Pickett asked what happens if the State changes the permitted uses in Natural environments, such as walking trails. Mr. Larsen said the State would notify the public and the City would be able to re-evaluate the SMP at that point. Mr. McKeown asked about the proposed Conservancy designation for the Heart Lake parking lot. Mr. Larsen said the Conservancy designation was suggested there on purpose to allow the current uses. Mr. Geer commended Mr. Larsen on the SMP and supported the parallel shoreline designation concept. Anacortes City Council Study Session Minutes December 14, 2009 1 Mrs. Richardson noted the Conservancy designation at the Shannon Point Marine Center and asked if Shannon Point staff feel it will accommodate their research activities. Mr. Larsen stated that he is in contact with Marine Center Director Steve Sulkin and that Dr. Sulkin is generally agreeable to what is proposed in Figure 5.1c. Mayor Maxwell asked if Shoreline Residential is the best designation for the area just east of Washington Park given its exposure and past use. Mr. Larsen said staff and the consultant considered a Conservancy designation but suggest Shoreline Residential to be consistent with the underlying Residential zoning. Mrs. Pickett said the City has trail rights there so a parallel designation might be appropriate. Mr. Turner asked how hard it would be to change designations a few years from now. Mr. Larsen said it can be done but the City would really have to justify it. Mrs. Richardson asked when the next update happens. Mr. Larsen said the next update is scheduled for 2019 but the legislature might extend the period to ten years which would be 2022. Mr. McKeown asked if the designations on Figure 5.1c would interfere with construction of the Guemes Channel trail. Mr. Larsen said no. Mr. Larsen summarized that Figure 5.1c is generally agreeable to Council and that staff will look into additional parallel shoreline designations between Shannon Point and Washington Park and into Shoreline Residential designation south of the industrial area. Shoreline Use and Modification Matrix: Mr. Larsen said proposed Table 5.1 now separates Uses from Modifications and includes subcategories for each. The only two issues the public raised relate to advertising and signs being a permitted use and water-dependent, water-related and for-water-enjoyment commercial development being conditional uses in the Aquatic environment. It has been suggested to change signs to a conditional use and prohibit commercial development in the Aquatic environment. Mr. Larsen also noted Footnote 5 which permits private piers and docks in the Shoreline Residential environment at Skyline Marina only. Mrs. Richardson noted that there are signs (e.g., navigational)that aren't advertising so those may need an exception in Table 5.1. Mrs. Richardson also asked why private piers are only permitted in single-family residential areas in Skyline Marina. Mr. Larsen explained that the SMP looks at uses surrounding each shoreline environment and in the Cap Sante area staff looked at water flow, topography and the public access in and out of the area. He said that the Planning Commission would be discussing this further on December 16. Mayor Maxwell noted there are fewer piers there now than there were in the 40's because it's a tough place to keep a pier maintained and operating. Mrs. Richardson suggested that if the SMP removes a use that has traditionally been allowed there should be a good reason for it and suggested making piers a conditional use. Mr. McKeown asked if mooring buoys should also be subject to Footnote 5. Mr. Larsen said the current proposal permits mooring buoys in any Shoreline Residential environment. Mr. Larsen summed up that Council found proposed Table 5.1 generally acceptable. He said he would ask the Planning Commission to look further at the question of piers and docks at Cap Sante. Mrs. Richardson thanked Mr. Larsen for the much more useful and informative layout of the revised Table 5.1. Development Standards Matrix: Proposed Table 5.2 reverts to 25' setbacks in Skyline rather than the 15' proposed earlier. The only remaining question is whether to adopt a 60' setback in all other Shoreline Residential environments. Mr. Adams clarified that the setback is measured from the ordinary high water mark to the house. Mrs. Richardson said areas with steep or unstable bluffs might have the normal residential setback in the SMP but the Critical Areas Ordinance would require a larger setback. Mr. Adams noted there isn't much more shoreline available for residential development except via conditional use but urged Council to always be open to opportunities to provide public beach access. Mr. Larsen summarized that Table 5.2 is heading in the right direction. There being no further business, at approximately 8:14 p.m. Mayor Maxwell adjourned the regularly scheduled study session of December 14, 2009. Anacortes City Council Study Session Minutes December 14, 2009 2