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Home My WebLink About2961-326 01/30/2009 15:12 3603853988 . PORT OF PT PAGE 01 (PMJLt v~h (Jtlr\'l~ TRANSMITTAL 2PI (p { @ PORT OF PORT TOWNSEND 375 Hudson Street PO Box 1180 Port Townsend, WA 98368 Phone: (360) 385-0656 Fax: (360) 385..3988 :-: DATE: January 30. 2009 NUMBER of PAGES: (including cover) 5 TO: DCD - SMP Comments FAX #: 379-4451 COMPANY: Jefferson Co oeD PHONE: FROM: Larry Crockett ~. ~ ~ ..~.. These are Transmitted: o Per your request DForyouruse o For your information DFor Review and Comment COMMENTS: a5 ~'\arJ (,<iP1 w\ ~~'S MaJ. t1~~ li~ECEKVED) "n'" ce, , I,. ')1 '-( IJ' 'loIIr,n u' JHfm~~H:J COUNTY DCD .... 01/30/2009 16:12 , 3603853988 PORT OF PT PAGE 02 .. PORTO~r I PORI TOWNSEND - _T,1l$Il." ~ . ,;1~ .._. ..... P.O. Box 1180 " Port Townsend, Washington 98368-4624 Administration: (360) 385-0656 Operations: (360) 385-2355 Fax: (380) 386-3900 January 30, 2009 RECJE1fV.EDJ Jefferson County Planning Commission c/o Ms. Michelle McConnell, Associate Planner Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 , -, '! CJ; ~. ''''null u) J J' r r r f.:: r,' (..~ I...' [f(r;,;;i lib ~i'S e! jL DCll RE: December 3, 2008 Draft Jefferson County Shoreline Master Program Dear Planning Commissioners, The Port of Port Townsend appreciates the opportunity to provide the following comments and observations regarding the December 3, 2008 preliminary draft of the Jefferson County Shoreline Master Program (draft SMP). Though a number of our general comments mirror those we submitted at the outset of the shoreline planning process one year ago, several of our observations relate more specifically to the implications of the dual shoreline environment designations for Port owned boat launch and marina facilities. We intend to continue our participation in the process, and will be submitting additional detailed comments as the Planning Commission continues its review. Until then, we offer the following for your review and consideration: GENERAL COMMENTS; 1. Port uses are economically productive us. that are particularly dependent on a shoreline location: As you know, the policy goals of the Shoreline Management Ad (SMA) contain an inherent tension: shoreline use versus protection. The Act recognizes that shorelines are among the most valuable and fragile of the State's natural resources. The SMA also acknowledges that shorelines are valuable for economically productive uses, including industrial and commercial uses, recreation and navigation. Obviously, unrestricted use could damage or destroy the unity and value of shorelines, while the prohibition of uses could eliminate the utility and value of shorelines for humans. In consequence, the SMA seeks to achieve a careful balance between beneficial shoreline use and resource protection. DRAFT JEFFERSON PoPT COMMENTS COUNTY SMP 1 JANUARY 30, 2009 a-mail: lnfo@portofpt.com websit$: www.portofpt.com _____~1/30/2009 15:12 . 3503853988 PORT OF PT PAGE 03 # The Port of Port Townsend operates under the authority of Title 53 RCW, and has an affirmative obligation under RCW 53.04.010 to acquire, construct, maintain, operate, develop and regulate harbor improvements, water transfer and terminal facilities and industrial improvements. Clearly, these are economically productive uses that are particularly dependent upon a shoreline location (see RCW 90.58.020 and WAC 173-26-176(a)). The Shoreline Management Act states plainly: "Alterations of the natural condition of the shorelines of the state. in those limited instances when authorized, shall be given priority for. . . ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will providfJ an opportunity for substantial numbers of the people to enjoy the shorelines of the state. " We ask that the Planning Commission. and staff take this statutory guidance to heart in reviewing the Draft SMP, particularly as it relates to the Quiloone Marina. The policy and regulatory direction of the draft must strike a sensible balance between allowing beneficial shoreline use that benefits the public interest, while protecting shoreline functions and values. 2. Uses of special concem to the Port of Port Townsend; The regulatory requirements of the SMP must advance the valid public purpose of protecting shoreline processes, without creating barriers that render ~nefjcial uses an economic or practical impossibility. The Port is particularly conCerned about achieving an appropriate regulatory balance as relates to the following uses: . Recreational access to the shore; . Marina development, redevelopment and reconstruction (e.g., Quilcene); . Boat ramps; and . Aquaculture. Obviousl~, recreational access, marinas and boat ramps are all uses that provide substantial numbers of people an opportunity to enjoy the shoreline environment. Permitting alterations to the environment to make provision for these uses is appropriate, and furthers the broader public interest. . RECEK"VED JA~i 3J u3 Jr.. f!'l"'" nf"':I'-\lY OeD .. ,\"",.0.),; ~, "I f 1 "j' ,Ll Lii". u!.Hoiill DRAFT JEFFERSON COUNTY SMP' 2 PoPT COMMENTS JANUARY 30, 2009 01/30/2009 16:12 3603853988 PORT OF PT PAGE 04 "'.', ~ . '. SPECIFIC COMMENTS: 3. Identification of areas suitable for boating facilities: Article 7, "Shoreline Modifications Policies and Regulations," Section 2, "Boating Facilities: Boat Launches, Docks, Piers, Floats, Lifts, Marinas, and Mooring. Bouys," subsection A(7) of the December 3, 2008 <traft 'states that U[t]he county should identify areas that are suitable for development and/or expansion of marina facilities and public boat launches and prevent them from being developed with non-water-dependent uses having less stringent site requirements. This should be accomplished in a timely manner. " As we have stated previously, the Port wholeheartedly supports the County's commitment to pro-actively identifying these areas and protecting them from incompatible use. We would again encourage the County to take concrete steps, within a specific timeframe, to identify, map, and regLilate to protect these areas from incompatible use. 4. Implications of Specific Shoreline Environment Designations Applied to PoPT Facilities: All of the Port's public boat-launch facilities (i.e., Gardiner, Mats Mats, Port Hadlock) appear to be. located in areas subject to multiple shoreline environment designations. Upland areas (i.e., waterward of the ordinary high water mark (OHWM)) are deSignated either Conservancy or Residential, with areas waterward of the OHWM designated as either Aquatic (Port Hadlock) or Priority Aquatic (e.g., Gardiner). A review of the use table suggests that new or replacement boat launches in these areas would, in most instances, likely trigger shoreline administrative or discretionary conditional use review. The Port has no objection to this proposed regulatory .scheme. In contrast, the implications of the shoreline designations proposed for Quilcene may pose an insurmountable obstacle to future redevelopment or replacement of the Port owned and operated marina. The proposed upland designation applied to the Port's property is High Intensity, which we whOleheartedly support. However, the Priority Aquatic designation appears to be applied to areas lying waterward of the OHWM. Although marinas are treated as permitted uses within the High Intensity and Aquatic designations, they appear to be entirely prohibited within the Priority Aquatic designation. Thus, both in and over-water work necessary to replace, reoonstruct or expand the aging and inadequate Quilcene Marina would seem to be barred. We suspect that .either our understanding of these provisions may be misguided or, if our intarpretation is accurate, that a simple oversight has occurred. To clarify, we would recommend that areas lying waterward of the OHWM at, and in close proximity to, the Qullcene Marina, be designated Aquatic, rather than Priority Aquatic, so as to allow marina replacement and/or expansion. RECEIVED) -'PoPT COMMENTS 3 JANUAIlV 30, 2009 DRAFT JEFFERSON COUNTY SMP J.~r;i 3 <<'1 ;J i' '") rrrryf1n~1 rnl!~ITY nrn "' J ~;;c .n" !.nJlJh ULU 01/_30/2009 -1-6: 1~.. ._~~38!:?3988 PORT OF PT . We thank you in advance for your careful consideration of these comments, and look forward to working with you throughout the remainder pf this important planning process. Very truly yours, ~7-G~--. Larry Crockett . Executive Director 00: Port Commissioners CASCADIA Community Planning Services file DRAFT JEFFERSON COUNTY SMP 4 RECEIVED) JA,f~ 3 @ laCS JEfffngn!' f'OU8ITY IIp.n ""'..'~J 4\.d II U,U l'-U PoPT COMMENTS JANUARY 3D, 2009 "r PAGE 05