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HomeMy WebLinkAbout031088 Min Packet PORT TOWNSEND* WASHINGTON 913368 x Port Tow send Plan#ingComj� 'musiont + ti, rt .CITY DF PORT TOWNSEND + f d, 4F MINUTES TES of MARCH 10p, 1988. A I, Opening Business and loll Call ycalled the Meeting in to order at 7:34 P Members present were Ron Kosec, Bob Grimm, Jim: aVernakis, Don Hoglund, Don McLarney, Nancy Slater,, and Chairman. Alar Carman. Chairman Carman declared a quorum. Also present was Ci rlahn- er Michael ' Bl it. Mr. osec moved the minutes-of February 25, X9.88: g rove �t the + ' correction of- the date to--2/25/8.8. Mr. Tavernakis seconded and the motion'passed 7-0. • _ 5 h F jr ' II. Communications a Chairman Carman pAssed around information on the joints'ring seminar of the A A11 informationregarding an evening of sharing ideas about Puget Sound + Wetland on 3128/88, and a solicita.tion to ,loin the American Planning Assoc. III. old Business - a. Application No. 8802-01 John Sudlo r & Juelanne. al ell Short Subdivision + Mr. Hildt presented the staffrepo' to: lattached) Concerning draf t finding of fact lo, the lack of a proposed. storm- drainage syste .4-,he reported that Mr. Stri klin feels none is needed as the City's drainage yrd.inance will a rnt the time the lots are developed. of L.condltlois numbers 5 and 6 for rights-of-way to be dedicated to the City reflect the City's. d sire't eventually have Howard St. and 39th S ■ be f u l l streets or f M i.' e # f }circulation s k r Chairman Carman opened the public hearing. T if Mr. SudioW asked the cost of- the fire hydrant in draft condition num er 4. Mr. .Tilt reported that-.MLr. r] le, City Water.Superintendent, estimated that 4. ` the cost of the. parts to,- approximately' $ The city will do the installation. Mr. sudlow clarified that taps did not actually'have to -be installed until the lots were developed. - ,4 # r i Mr. ildt said the. final-plat 4should%have the best..available deri tion of the water system. As -the develo meat proceeds, "as built" drawings should be made available for the City's records. i y Mr. Sudlow was concerned whether or not further conditions ,might be added. IF S da r' f r Chairman Carman said that Mr. Sudlo r needed to meet the final plat requirements as described in Chapter 18.38 of the Port Townsend Municipal Code. The commission may add other conditions if they deem it necessary. Mr. Sudlow said he was in agreement with draft conditions *1-*4 and draft condition is lawyer had advised him that draft conditions #5 and amounted to unlawful seizure of property without compensation. He did not Irish these conditions to apply. Chairman Carman said that case law had consistently upheld the right of Planning Commissions and City Councils to require the giving of street rights-of-x4ay in the process of platting land. The public has confused the taking issue with the true 4. rights of government to appropriate land for proper purposes. Mr. Sudlo r referred to specific cases, Cunningham vs. the City of Seattle's green belt provision, and the recent Supreme Court decision. Chairman Carman said that neither of these cases dealt with the taking of private property for roadway rights-of-way in a subdivision situation. Chairman Cairn an reported an ex parte communication with Mr.. Sudl w l s surveyor. He wondered if lair. Sudlow's concern was that the requested Ih right-of-way along lots 3 & 4 might impinge on the ,proposed drain field., and asked whether an amended condition of approval reducing the requested 33 feet to 23 feet of right-of-way would ease this concern. Mr. Sudlow said he did not consider draft condition regarding 39th St. too detrimental, however he would need to check with his attorney regarding draft condition 5 concerning lots 3 & 4. He pointed out that Howard St. ,could not actually be constructed until some undetermined time in the future. The public bearing was closed. t Committee Report: fir. Tavernakis said he agreed with the goal of uniformity in planning. However he did think draft conditions #5 and asked the applicant to give up a good deal. He wondered of a compromise was possible, and asked ghat mould be the minimum.the City would consider useful for right-of-gray purposes. Chairman Carman said that county road rights-of-way are supposed to be established at 60 feet in width by later. The reduction of the requested dedication to 23 feet would give a total of 50 feet, which would be the minimum necessary to effect a roadway. The city may wish to effect a trade with the owners of ottstein's Addition Blks 3 & 4, who w'ould give up their portion of the - right-o way for a portion of Venu St. He pointed out that since the drainfield could not be located any closer than 10 feet to the boundary, ghat was being discussed was an additional 13 feet. Mr. S dlow wondered what would be the required set back on the corner- lot . Chairman Carman thought the side setback could be to feet while the front setback needed to be 20 feet. Mr. Tavernakis said he was in agreement with Mr. Sudlo 's point that the street might never be constructed. Chairman Carman thought perhaps the requested right-of-way could be made conditional upon the city instigating the above mentioned trade. Mr. Hoglund asked if the commission could be setting a precedent by accepting a lesser right-of -way. w a .V l..% ,fr.j% k Chairman Carman said the short subdivision ordinance allowed such adjustments. He asked if a tirhe limit could be imposed on the trade. Mr. Hildt said there was no reason to believe there would not be growth in the area. In making the request, the City was exercising its respnsibility to obtain, at the time of the short plat, reasonable public right-of-way for future reed . Regarding the trade, it does not seem necessary to impose an obligation on the City to effect a trade in advance of the need. It would take resources away from other high priority projects. He would have to ask the city attorney if the suggested time limit on the trade would be possible. The City could probably attempt to effect a trade, but he wasn't sure ghat its pourers to compel would be. Chairman Carman asked if the property was going to be part of the LID project. Mr. Su low said that the property owners south of 39th St. had requested to be excluded from the LID project when they discovered they would be assessed Zoo to be included and another $35,000 to get to where it ended. Ms. Slater asked if Howard were determined in the future not to be needed for traffic flow, and adjacent property owners requested a street vacation, whether the stipulation could be made that the right-of-way revert back to the property owner without further expense. Mr. Hildt said questions of consistency and equity would need to be addressed i terms of a policy regarding right-of-way reversion. He said he would check with Keith Harper and see ghat was dorm in other areas. Mr. Tavernakis asked if Mr. Su low would be agreeable to the requested 23 feet if the trade were to be effected. Mr. Sudlor said as of this evening he would abide by the advice of his attorney and not agree to draft condition 5. Mr. Grimm said if the city engineer thought that 50 feet was needed for a► right-of-way in the area, he didn't think the commission should question this judgement. i Mr. Sudlow asked if the city attorney could check with his attorney the next day. Chairman Carman reminded the commission that for preliminary plat approval was concerned the Planning Commission was the supreme authority as far as conditions were concerned. . Mr. Tavernakis moved to approve ippli ation No. 8802-01 for a short plat subdivision, along with the findings of fact, conclusions and conditions of approval as submitted by staff, with condition #5 amended to require 23 feet instead of 33 feet. fir. Kosec seconded and the motion passed -o. Ms. Slater asked that the trade possibility and street vacation reversion be researched prior to the final plat corning to the commission. b. Application No. 8802-02 First Presbyterian Church Variance Mr. Hildt presented the staff report. (attached) He passed out ars amendment to draft finding of fact #6 dealing with required parking spaces for the addition, which would be 60, giving a total requirement of 88 off street spaces. The applicant is able to provide 29 spaces leaving a deficit of 31 spaces. This i5 the requested variance. He pointed out draft finding of fact *8 which indicates the applicant will stipulate to the fact that the sanctuary and the proposed assembly area will not he used at the same time. The applicant is grilling to have this as a i condition of approval. This reduces the demand for additional parking spaces below the requirements of the zoning code. lir. Hildt did not know how this would be enforced. variance is also requested for height. The applicant states that the proposed height is necessary to achieve their goals in an architecturally and historically compatible manner. Draft conclusion #2 does not address the issue of who caused the special conditions. strict interpretation of the zoning code could hold that the conditions were caused by the applicant, albeit some time ago. Mr. Grimm did not understand why the existing parking was not, taken into consideration in considering numbers of required spaces for the addition. Mr. Hildt said that the existing parking serves the principle use. The addition would add additional space, requiring additional parking spaces to accommodate the neer use. The non-concurrent use is an argument in favor of the variance. Chairman Carman read a letter- from Mr. and Mrs. Wallin in opposition to the parking variance. They were opposed to expansion of the historic building and suggested a neer church be built in another- location. The public hearing was opened. Mr. dank Gibson'. architect, testified that the Sunday school would not meet when the sanctuary was in use. The Church will certify that this is hover they operate. The existing 28 spaces in addition to the additional 29 spaces come close to satisfying the requirement, if this is taken into consideration. Bill Lindberg said the main concern was safety for the Sunday school children in terms of fire exits. The addition is meant to meet the church's present needs. Lovell Moore said the building committee had not wanted the building to look as if it had been added on to. She felt the design accomplished this. Charles Wallin spoke in opposition to the request. He submitted codes of two documents concerning a sharing of parking spaces between the Church and the Inn Deering: a letter from Judge Thomas l is han to Judge Jame {D, Roper dated August 4, 1987, including a declaration from Joan Deering in the case of Wallin vs.' the City of port Townsend, and a letter to Dave Grove and Michael Hildt from Keith Harper dated November 2, 1987. He read these into the record along with several other documents: a letter dated July l ., 1987 from Keith Harper to the Deerin s concerning the parking agreement, a letter dated May 18, 1987 to the eerings from S.C. Johnson, Chairman of the Board of Trustees, and a license agreement dated September 2 , 1987 for ,joint use of parking facilities addressed to David and Joan Deering. His objection was that the sharing had taken place. He pointed out that Lot #30 was in reality two lots, one of which is o med by Dave Deering. fir. Wallin's other concern was a question of clear tide to the land. When it was discovered that Mr. Deering's name had been left off the list, Mr. . Deering was hand carried a notification of the variance request. Mrs. Mallin spoke in opposition to the request. She testified that the decision to build an addition was not a unanimous one on the part of the congregation. She said that her view would be blocked by the addition. Dave Deering spoke in favor of the request. Etta McCulloch said there had been dine process in the decision to build the addition. She emphasized the primary concern was for the safety of the children. .i Steven Taylor, an adjoining property owner, spoke in favor of the request. Horner Tobin spoke in favor of the request, sabring the children were not being adequately cared for in the present building. Mr. B.C. Johnson testified that the Deerings were charged a toren fee for the parking spaces of 1 which ,rent into the food bank collection bo . The public hearing was closed. Committee Report: Mr. 'Ta rernakis thought special circumstances existed: the existing design of the church, the character of the neighborhood, the legal non-conforming status of the church, the idea that the added space and the original space would not be used simultaneously. The extension for the enclosed fire exit would, be necessary whether or not the addition was added. The visual bulk obstruction of the building is already there. The functional increase in space is 402 or less. He felt the building was part of Port Townsend's heritage and thought the design tied in well to the architecture of the existing building. He approved of the shared parking agreement, saying that this shored an acture interest in working with neighbors. He felt the parking was being improved from a ratio of 50 o a ratio of 70 9 of the requirement. Ms. Slater thought the addition added tastefully to an historical structure. She pointed out that the-approval of the variance is to be judged on how the project conforms to the zoning code. Arguments between neighbors should not influence the decision. She asked if the subletting of the parking spaces had been reneged. It has not. Chairman Carman suggested a second condition: "prior to the implementation of the variance, i.e. the granting of any building permits or any other act or acts within the control of the City of port Townsend as regards construction, that the question of title be clarified to the satisfaction of the -city attorney." Ms. Moore said the local congregation does not own the church. The Forth Puget Sound Presbytery rtery o rn the church and land. Chairman Carman said that some sort of notification from a title company or title . examining boder will probably be necessary for the financing. Chairman Carman read over the draft findings of fact and conclusions, noting that draft finding of fact had been amended to specify requirement of 60 additional parking spaces. Chairman Carman asked what the parking area would be covered with. Ms. Moore said the building committee would prefer grass. Chairman Carman suggested the parking places be marked, as without definition parking will not be utilized effectively. Ms. Slater moved to recommend approval of Application No. 8802-02 for a variance with three conditions: 1 as recommended by staff concerning the non-concurrent use, 2 Chairman Carman's suggested wording concerning the clarification of title, #3 "If no paging and striping is used in the parking area, definite markings of each space be done in accordance with the submitted parking plan to ensure the maximum efficient use of the parking area." Chairman Carman suggested an additional finding of fact stating that the church itself is an existing condition that these applican .s have inherited. Mr. Ta rernakis seconded Ms. Slater's motion and the motion passed -o. _ c. Briefing: Gateway Project update Mr. Hildt briefed the commission on the progress of the Gateway Project, and Chairman Carman summarized the work TAAS is doing on the project. IV. New Business a. Nomination of Officers: Mr. Grimm moved the present officers be nominated by acclamation. Mr. Kosec second and the motion passed 6-0. Ms. Slater moved that the commission not meet on March 31, 1988 due to a possible lack of quorum, and that the commission cast a unanimous ballot for the proposed slate of officers at this meeting. lair. Grimm seconded and the notion passed -o. . Application No. 8803-01 Frank Spicer Variance The hearing was scheduled for April 1 , 1988. The committee will be Ms. Slater and Mr. Hoglund. i t V. Announcements Application No. 8802-03 Wm. Medli ott Conditional Use The hearing will be April 14, 1988. The application is incomplete plete at this time. VI. Adjournment The meeting was adjourned at 10:40 P.M. Alice Ding, Secretary r 07 A^In^ � _ To: Planning Commission From: Michael Hildt City Planner Date: March 10, 988 Re: variance Apel. 8802-02, First Presbyterian church This is to supplement the draft Findings and Conclusions .included in your packets concerning the above-referenced application. Draft Finding No. 6 should read as fol lows . The proposed addition of 7 ,717 square feet of additional floor space would be required to provide 48 additional off-street parking spaces based on the following planned uses and parking requirements: Reg a irement, Fellowship hall/1,882 SF 1 space/40 SF 48 classrooms/l,4 ' SF 1 space/teacher 8 } Upper leve./ 1 ,506 (Unfinished, . probable use as sunday school 1 space/teacher• TOTAL REQUIRED SPACES 88 The exiBting 28 pa-riing space8, plus the 60 additional off-street parking spaces required for the addition, result .in a total off- street parking requirement of 88 spaces. The applicant is able to provide 29 additional spaces for a total of. 57 spaces,:, leaving deficit of 31 spaces. r PORT TOWNSE D. WASHINGTON 98368 ■ Port Toren Commilssion F CITY OF PORT TOWNBIEND RAIFT ]ETNDINGS 0F FACT AND CQNCLUSIONS OF THE PliANNING COMMTSSION Date: March 10, 1988 Variance Apps. 8802-02, First Presbyterian Church After respectful consideration of the above referenced appli- cation includingon-site inspection of the property, and after timely notification and hearing pursuant to Title 17 Port Town send Municipal Code, the Part Townsend Panning Commission hereby submits to the City Council the following Bindings and conclusions: Findings Of FaCtL 1. Applicant proposes an addition of 7,717. square feet to the exii3ting- 10,9640 square feet church at Fr•aak lin and Polk Streets. A variance is requested to allow the proposed addition to b built higher than the he . ht limits set by Chapter 17.20 Port Townsend Municipal code, and to allow fewer off-street parking spaces than required by Chapter 17.28 Port Townsend Municipal Code. The subject property is zoned R-11 and 3s described as Lots 1, 2939 , and the east 27 feet of Lots 5, 6 and 8 of Block 86 of the Original Townsite of Port Townsend. Churches are a M permitted use 5m the R-II zone. 3. i gje-famil , low-density multiple dwellings and a bed and breakfast inn, surround the property,, Several of these _ . - structures are two-story and approach the 35 feet height _l=mit of the R-Il zone. Propertyto the north, across Fr in Street, is zoned R-I8t, .Paul"s Episcopal Church i 'one block to- the . east. . The proposed addition, to house an assembly hall, is proposed to be 44 feet at its highest point. A 35 feet height limit- is =imposed within the R-H zoning district. Lot coverage after construction of the proposed addition would be 25.8%. 5. The existing sanctuary has a seating capacity of approximately 210 people. Although the church ,was built prior to enactment and is a legal,the ung code g non-conforming use with respect to park=ing, the zon g code parking requ irem ents i } f1k i F • P1anning Commission, 8802-02 Page 2 for churches of one space per each four seats would have required 53 off-street parking spaces. .. The proposed addition of 7,717 square feet of additional floor space would be required to provide 45 , additional off-street parking spaces based on the following planned uses and parking requirements Use Req i rement Pa rk ina Space s (Staff note: The applicant has not provided sufficient use and area information to calculate the parking requirements for the addition. The details should be + ovai�able at the hearing, March 10. The applicant's figure of 45 spaces is accepted in the Interim. ) The existing 28 parking spaces, plus the 45 additional off-street parking spaces required for the addition, result in a total off- street parking requirement of 73 spaces for the new addition The applicant is able to pr vide 29 additional spaces, Leaving a deficit of 44 spaces. 7. Fifteen diagonal parking spaces are available on Franklin Street, adjacent to the church. Parking frequently overflows onto neighborhood streets during church services, weddings and other church activities. _ The applicant states that the sanctuary and the proposed assembly area will not be used at the same t im6 and, therefore, attendance will not increase as a result of the addition. . The existing main roof of the church 'me appr•oximately 55 feet high, with the corner tower extending to 85 feet. The applicant states that it .is necessary to extend the existiAg roof at the dormer on the south side (40. fet high) as an enclosed, fire-exit stairway and connection to the addition. It is further stated that the proposed height 'is necessary to achieve the goads of the addition in an architecturally and historically compatible manner. Co=luaiona . The proposed variance would not amount to a► rezone nor constitute charge in the district boundaries shown on the official zoning snap 2. The legal, nonconforming height of the existing church building diminishes any possible injurious effects of the proposed addition on neighboring properties. The stipulation • Planning Commi i i DRAFT 4 Date: March 1 , 1988 Re: Short Plat Appl. 8802-01, John J. Sudlow, Jr. uelanne -R. Dalzell - - After -After respectful consideration of the above referenced appli- cation .Including -site inspection of the property, and after timely notification and hearing, the Port Townsend Planning Commission hereby submits to the City Council the following findings and conclusions: 1. Applicant proposes short subdivision of approximately 8.35 acres i do • Ap Planning commission, 8802-01 Page 2 . The 89th Street right-of-way, generally 88 feet wide, is reduced to a width of 30 feet where it boarders the subject - property on the north. 7 . F ate r• s upp ly wou ld be tak en f rom the' 16-in ch ma in in Howa rd Street to Lots 1 , 3, and 4. Lot 2 would be served from the6- inch maim in 35th Street. . Sewage disposal wound be accomplished through individual eptic tams and drain fields. The drainfield serving Lot would be located in a conditional drainfield easement, measuring o by 190 feet, which is declared on Lot 1, adjacent to the north boundary of Lot 4. This easement is made conditional on the lack of available City sewer lines within boo feet ,of Lot 4, and would become null and void within ninety days of the extension of City sewer lines within 600 feet of Lot 4. By letter dated December 29, 1887, the .Jefferson County . Health Department has stated, "The four dei3igns meet the current requirements for on-site sewage disposal systems as set forth by WAC 248-96 and Jefferson county ordinance No. 2-77. " 9 . An exist ing fire hydrants located at the intersection of Eddy and 35th Streets_ No additional hydrants are shown on the proposed plat. 10. The proposed plat does not include a proposed storm drainage system. 11 . The subject property is not traversed by , any watercourse, stream or drainage channel; is not in a flood-control zone; and is not within 260 feet of a body of water of statewide s ignif .cae. 12. An environmental checklist, submitted by the applicant, was reviewed by the city council, which determined on larch 1, 1988, that the proposed short subdivision would not have a probable significant adverse impact on the environment, and that an environmental impact statement would not berequired under CW e . 2 l.c. 3 o 2 c . ConclusioELts- .. The proposed short subdivision is in conformance with the goals and policies of the Port Townsend Comprehensive Plan. 2 . Pursuant to chapter 18.38. 130 Port Townsend Municipal Code, private roads ar6 not required to be constructed inasmuch as the proposed short subdivision is to have Z or fewer lots. 3. Under the conditions prescribed below, the proposed short • r �# Y r Planning_ Commission, 6802-01 Page 3 subdivision meets the purposes, standards and criteria of Chapter 18.38 Port Townsend Municipal Code, and it is recommended by the Port Townsend Planning Commission that the proposed preliminary plat be APPROVED AS CONDITIONED: 1. Easements shall be provided for utility installation and maintenance and shall conform to standard width of five feet on each side of interior lot lines and five feet- along front lot lines City water supply mulls be provided to each lot by the applicant at no cost to the City and without placement of reservations on future use of water lines so provided. An -built plan of Installed water connections and lines shall be provided to the Public Works Director. 3. Installation of a sewer disposal systems shall be in compliance with the regulations and Standards of the Washington State Department of Social and Health Services, the Washington State Department of Ecology, the Jefferson County Health Department, and the City of Part Townsend r . A fire hydrant shall be installed on the eastern edge of Howard Street immediately north of the proposed driveway easement adjacent to the bo�xndary between hats 3 and 4. Said hydrant shall be supplied and .installed in conformance with City Specifications and the Uniform Fire Code_ 5. The }western thirty-three _(33) feet of proposed bots 1, 3 and 4 shall be dedicated to the City for public right-of-way at no cost to the City. 6. The northern twenty-five 2 feet of proposed Lot 1 shall be dedicated to the City for public right-of-way at no cost to the City. . A final short plat shall be prepared pursuant to all of the applicable requirements of Chapter 18. 38 Port *_ Townsend Municipal Code and shall be submitted to the City Council within three years of the date of preliminary pkat approval. Respectfully submitted on behalf of the Port Townsend Planning commission, Ran Kosec, Chr_ , Review Committee aQ' GLI'Oost List • Do you wish to NAME [please print) ADDRESS present testimony? YES NO �. v ro, 5-4�a /mid S)cxo,)tie 4 Pwj: r vo—v- o g-Av� 7 vv � . 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