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HomeMy WebLinkAbout060988 Min Packet PORT TOWN S E N 09 WASHINGTON 98368- Port 8368- ort 'oma ' ' Planning Com ssion Pe ?i. CITY OF PORT TOWNSEND t • r ' r 3 MINUTES OF JUNE 92 1988 I. opening Business and Roll Call f r Chairman Carman called themeeting to order at 7:3 P.M. r" Members. present were Ron Losec, Bob Grimm, Dori McLarney, Lois Sherwood, Jim , 7 Tavernakis and Chair man . clan Carman.. ha rman Carman-declared a quorum. Also present was City.Planner Michael ilt And Asst. " Planner Kenn O'Neill. The rrlinites of May 2 , 1988 be approved as distributed, 1 . Communications Mr. O'Neill passed out update's' to''_the zo lir%,code: codification of the off-street ' parking ordinance and the.5 se tion dealing with nonconformffig uses. , e passed out information for f int y_,of Seathe legal dept. ..,on Appearance of F`a r"ness. There was a leiter from 1 r.,�: James- Daubenbeirger'.' reqUestirig. that the hearing on his short plat application be postponed to July 1 , 198 . Diane and Peter Allen submitted additional information they felt, was pertinent 'to the D ub nberge application. ' t • t III. Old Business L a y } a Application o o 8804 0 _ t James Daubenberger Short Plat f r t Chairman Carman' excused himself on the 'groundsf appearance.o fairness, a; t turning the meeting over to Mr. Tavernakis. r ' S The hearing- had been continued from May 26- 1988: lir: Tavernakis read Mr. . Daubehberger' .'request into the record. 5 Mr. Grimm moved.,to postpone the c n inua ion of 4,the hearing on Application No. 8804-02 by James Daubenberger until the regular meeting of the,commission on .duly K, 1988. Mr. Kosec seconded. - Diane Alien suggested the application r b .rejected rather than postponed, as Mr. Daubeberger -is attempting to obtain a differe- nt easement for access which necessitates changes in the plat. She felt there were many inade u' acies-in the present application. The commissioner3 reviewed the information ation provided by lair. and Mrs. Allen in letters dated 6/9/88. The commiesion then voted on Mr. Grimm's motion. The notion passed 5-0. b. Application No. 8805-01 B.G. Sabo Conditional Use Mr. O'Neill presented the staff report. (attached) The applicant proposes to lease space on the second floor of the Kuhn Building to peninsula College. A college is permitted as a conditional use in the -111 zone. Robert Benjamin, attorney for Mr. Sabo, said that since parking r estrlctlons did not go beyond 530 P.M., the college did not provide information on the number of students using the facility during nonrestricted hours. Mr. O'Neill stated that because the building is a legal nonconforming use, there are no applicable parking requirements in the zoning code. For purposes of the conditional use application, the commission should consider 4 as a suggested number of parking spaces (based on an estimate of fearer than 50 students). fir, Grimm clarified that if this were to be reduced by 452 because the building is classified as a primary historical structure, the commission would be considering two spaces. Mr. Hildt stated that in regard to parking requirements, the zoning code deals with gross floor area. The public hearing was opened. Robert Benjamin pointed out M r■ Sab 's contributions to the community and participation in various civic activities. He said the available parking was in excess of the requirements. Mr. Sabo developed the second floor and installed an elevator, making it possible for the college to locate there. The items mentioned in the letter from the fire department have been completed but not inspected. Mr. Sabo has had no communication with Mr. Tice, a Peninsula College trustee, in regard to a sign. Mr. Benjamin objected to draft condition #2 as it refers to signs on the building over which the college has no control, and to draft condition which requires that the entire building be brought up to corp because of the conditional use of a part of it. He suggested that such a requirement would have a "chilling effect" on economic development in pont 'To)Ansend. He asked that the permit be granted without conditions. Mr. Sabo didn't understand where he was in error as far as signs were concerned. Mr. Hildt explained that signs erected after the sign code gent into effect, July, i , must have a permit. He thought all the current signs on the building had been erected since the sign code became effective. He was not aware of any permits hawing been applied for. Mr. Sabo said the Square Rigger Mail sign identified the building and differentiated it from another Kuhn building In torn. 0% A Ire Inn . • Mr. Hildt explained that the appropriate procedure would be for Mr. Sabo to apply for a variance for signs he feels are necessary and which do not comply with the code. The conditional use permit only has a specific terra if a time limit is impoeed by the City Council. Mr. Sabo asked why peninsula College noir needed a conditional use permit when it did not seem to in its previous location. Chairman Carman explained that them were codes that have been in effect but that were only now beginning to be enforced. Mr, Sabo said he had no problem with any of the proposed conditions of approval. He will bring his signs into compliance with the code or apply for a variance. Mr. Tavernais asked if lir. Sabo would have any objection if at some future time it became necessary to restrict parking on slater St. in front of the building. He mentioned this because of the recent opening of a market in the area and the potential increase in demand for short term parking. Time restricted parting would be a possible solution. Mr. Sabo had no objection to this idea. He suggested it could be tried on temporary basis to see if it dealt with the problem. The public hearing was closed. Committee Deport. Mr. Tavernakis appreciated lair. Sabo's positive attitude toward working through problems, and considered the college a good use of the second floor. He was concerned about the fire code and the parking conditions. Regarding the 'chilling effect" referred to by Mr. Benjamin, he explained that with a conditional use the commission is allowed to impose conditions on a project to arae the use compatible with the surrounding area. He clarified that some o the items beim addressed had been on the books for quite a while. Mr. r cL.arney thought the proposal would be an asset to the downtown and valuable use of space. Chairman Carman suggested a modification to draft condition #4 which would read: The deficignries .ngted in the letter dated .3/3L(18 frgM thC J!ort Townsend Fire RMLIment-to Mlchagl Ullat, Wall d a r roues ed. 1r. Grimm asked if there was any reason to require in draft condition 3 that sign permit be approved concurrently with the conditional use application, Mr. Hildt explained that the code provides for signs to be obtained in the conditional use process. Draft condition #3 basically says the applicant must comply w1th the law. It is in Mr. Sabo's interest to get all current sign needs In the picture and make provisions for all tenants, as there are limits on the total amount of signs allocable on the building. The concern is with existing signs. 1r. Vice has not submitted an application for a sign. w Mr. Benjamin said that the college has not communicated any sign needs other than those which already exist. fir. Tice seems to be acting as an individual trustee of the college,as opposed to a representative of the college. Mr. Hildt said the purpose of draft condition #3 was to highlight the issue. It could be deleted. Mr. Benjamin asked whether another r sign permit would required if the tenant moved. Mr. Hildt said that if the name changes a new permit is needed. Mr. Benjamin asked about imposing the city code on the entire building before a conditional use would be approved. Mr. 'Ta rernakis thought it appropriate for contractual agreements between landlords and tenants to address compliance with ordinances that govern the community and not Just those specific to the landlord tenant relationship. The commission reviewed the draft findings of fact. They discussed specifying the type of lab referred to in the application. It was decided this was not necessary. Mr. Benjamin pointed out that the building only became deficient as far as the fire code is concerned in regard to the change of use. Mr. Hildt said that the Fire Department considers Mr. Sabo to be a model building owner and very conscientious about fire safety. Mr. Grimm suggested that draft condition 3 be deleted in its entirety, that #4 be renumbered and the wording suggested by the Chairman Carman adopted. Mr. 'Tavernakis had concerns about uniformity and wanted draft condition #3 to e kept in its entirety. Ms. Sherwood thought draft condition #2 took care of signs by requiring they be brought into compliance with the code. Mr. Ta ernakis asked if the fere department was aware of the specific proposed use when they made their recommendations. They were. Mr. Grimm suggested citing the fire code in the neer condition . The wording ill be; Fire.Code in the 1g1teda► ed .3131 from the Port IQW=nd Fire eta went t o 11 lic ael Illdt; alLbe remedied and AR roved by the Fire De - as---area ested. Mr. Kosec moved to recommend approval of Application No. 05-01 for a conditional use and adoption of the findings of fact and conclusions as prepared by staff along with the first two conditions as prepared by staff, with #3 deleted and (the new 3) reworded as suggested by Chairman Carman and amended by Mr. Grimm. Mr. Grimm seconded and the motion passed -o. A to /.i. . Application No. 8805- 2 Douglass g Nancy Larry Conditional Use Mr. O'Neill presented the staff report. (attached) The applicants propose to convert a small office building at 216 Monroe St. into a motel suite. The two o additional off-street parking spaces referred to in draft condition #2 are in addition to the two o required in condition 1, making a total of 4 off-street parking spaces if the widening of the driveway eliminates an -street space. Mr. Hildt said the rational behind this requirement is that on-street parking spaces are more efficient as anyone can use thein. The public hearing was opened. Mr. Lamy said the requested off-street parking spaces were not a problem. Mr. Ta ernakis asked if the square footage were to be substantially increased, whether the requirement for an extra parking space would carry over, in other words, the requirement would be whatever number of spaces the ordinance required plus to. Mir. O'Neill said the provision of the two additional spaces was a general requirement and would carry over. Mr. Lamy said he did have plans to expand in the future, all in compliance with applicable codes. The public hearing was closed, Committee Report. Ms. Sherwood said she had no problem with the request. Mr. Kosec commended the Lamys on the work they had done to the cabins. Ms. Sherwood moved to recommend approval of Application No. 8805-02 by Douglass & Nancy Lamy for a conditional use as conditioned and adoption of the findings of fact and conclusions as presented by staff. Mr. Grimm seconded and the motion passed 6-0. TV. New Business a. Application No. 8804-01 Barbara Williams Street Vacation The committee is Mr. Grimm and Mr. McLarney. The hearing was scheduled for June 231 1988. The commission normally meets on the last Thursday of the month which would be June 30th. However, the short plat application by John and Martha Woodworth was advertised for the 23rd and notification sent to surrounding property owners. Mr. Grimm moved to move e the meeting date to June 23, 1988. Mr. Kosec seconded and the motion passed 6-0. • b. Application No. 8805-05 Mike Major Conditional Use The committee will be Don Hoglund and Lots Sherwood. The hearing was scheduled for July 1 , 1988. . Application No. 8Rawlins Variance The committee will be Mr. Ta er akis and Mr. Mc ar ey. The hearing in gas scheduled for July lel, 1988. V. Announcement5 The next meeting will be Jure 23, 1988. Heard at that time will be Application No. 8805-03 by W. Jim Wilson for a conditional use permit, Application No. 8805-04 by John & Martha Woodworth for a short 5ubdnna5ion permit,, and Application No. 8804-01 by Barbara Williams for a street vacation. VI. Adjournment The meeting was adjourned at 9.55 P.M. ■ t Alice ling, Secretary s z Jewn -,i- r - Do R6%[FCr I DINGS FACT-AND CONLUOONS QF THEJELANN-AN-G—MMIF2510H Date: June 9, 1988 • Re: Conditional Use Appl . 8805-01 , B.C . Sabo After respectful consideration of the above referenced appli- cation cation including on-site inspection of the property, and after timely notification - and hearing, the Port Townsend Planning . Commission hereby submits to the city Council 'the following indings and conclusions ind i n --of- act I The applicant proposes to lease space on the second floor of the Kuhn Building at 210 Polk Street to Peninsula College . The Kuhn Building is in the c- 1J zoning district.. The classification for the proposed use is defined in the. Port Townsend. Municipal. Code as "colleges , business" colleges , trade schools all without students in residence, offering training in specific fields . " ( 1 . 1 . 10 Port Townsend Municipal +code) , A college use as defined is permitted as a conditional 5 use in the c--1H zone. Peninsula College, which was previously located at 716 Washington Street, has occupied space in the Kuhn Building since April 1 . The City issued a temporary Certificate of Occupancy which .s due to expire at the end of July, 1988 . 2 . The Kuhn Building is a two-story building which was built in 1892 . The building is classified as a primary historical structure in the designation of the Fort Townsend Historic District. . The ground floor f the building is used s a retail sporting goods store and a book store . The second floor is . currently occupied by professional offices, a well as the classroom and lab for the college . . Built prior to the enactment of the zoning code, the Duh Building is a legal , nonconforming use with respect to parking requirements . Accordingly, here are no parking requirements in the zoning code which are applicable to the proposed use. Off- street parking requirements may be reasonably imposed a5 pert of a conditional use permit . There are currently twenty off-street parking spaces located behind the building. There is no stated parking requirement for a college in the zoning code; the closest applicable designation is a high school , which requires one space for each employee and faculty member, plus one for each fifty students . The college will employ one parr.-mime office worker and two faculty members .. 1f the building were built today, the parking requirements' rould be as follows w ' Planning Commission , Page 2 Use/SF ' RequirementParking- Space Retail/10, 000 SF 1 + 1 space/'each 100 87 sq. ft. in excess of 5, 000 q. ft . Office/5, 000 SF i space/'400 SF 13 College/2,300 SP l space/employee and faculty + 1/50 students TOTAL REQUIRED SPACES 84 This would be reduced to 75 percent of the requirement, or 83 spaces, since it is in the downtown parking district, and could e reduced to 45 prcentof the requirement, or 38 spaces, if the design of the building was found to contribute' to the Port Townsend Historic District. . The Port Townsend Fire Department has submitted a letter, dated Larch 31 , 1988, regarding the proposed use . The letter states that the Kuhn Building is deficient in terms of the fire- resistant ire- resistant capacity between the first and second floors cif the - building, Fire Department staff suggest that approval of the use be conditional upon correction of these deficiencies. . The proposed operating hours of the college are 9 : 00 am to 3: 0pm Monday through Friday, with evening hours from t 9 : 00 pin on Mondays, Wednesdays, and Thursdays . The applicant maintains that the college' s peak hours will be ifi- the evening when retail uses in the building are closed. The applicant has also submitted a college activity chart which shows that maximum of ten students are present at the college during daytime operating hours between September and June. The college would not be open on week-ends. 7. Where are presently several signs located on the building for which sign permits have not been obtained. Mr-. ,Jack Tice, a trustee for the college, has inquired as to whether or not the college would be allowed to install a pole sign on the sidewalk on Water Street in front of the building. A sign permit application was sent to Mr. Tice, but so far no application has been submitted from either the college or the applicant, F8 . The City Council has issued a Determination of Nonsignificance, darted May 18, 1988, after review of the Environmental Checklist submitted by the applican pursuant to the Washington State Environmental Policy Act. Planning Commission . Page C 0 n�C�u S�, 0 1 . The proposed college use of the building will not endanger the public health or safety, nor will a nui san.ce be created. 2 . The proposed use will be required to meet all of the conditions and specifications set forth in the =III zone in which the property is located, except for those legal , nonconforming conditions which were in existence prior to the enactment of the Port Townsend zoning code in 1971 . .' The proposed use will not be injurious or detrimental to the adjoining or abutting property. . Because the proposed use will provide a low impact but viable economic use within an historic building without altering the architecturally or historically significant features of the building, the location' and character of the use will be in harmony with the area in which it is located and in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the Planning Commission recommends that the above referenced application be RNA' A CON ITION : I . Each employee and faculty member of the college shall be required by the applicant or lessee to park in the currently- designated off-street parking area provided for the building, while students shall be encouraged to do s . 2. All signs which have been displayed on the building sine July, 1986, shall be brought into compliance pliance with Section 17 . 34 of the Port Townsend Municipal Code. . If the college wishes to exhibit a sign on the property, a sign permit application shall. *be stibmitted and must be approved concurrently with approval of the conditional use application ( 17 . 34 . 090 , Pont Townsend Municipal Code) . . The building shall be brought into compliance with the Uniform Fire Code. :Respectfully submitted on behalf of the Port Townsend Planning Commission, James Taverna i , Chr. , Review committee RC) FINDINGS QF nCT AND CONCof THE. .EL KING Date= June 9, 1988 Re: Conditional. Use Appl . 8805-02, Douglass & Nancy Lamy After respectful consideration of the above referenced appli- cation including on-site inspection of the property, and after timely notification and hearing, the Port Townsend Planning COM ission hereby subm Its to the City council the following findings and conclusions : Find 1 . The applicants propose to convert a small office building at 216 Monroe Street into a motel suite for the expansion of the James Swan Motel , a tourist motel operated by the applicants and located on the northeast corner of water and Monroe Streets. The building is Located in the C-III zoning distri. t. A motel is permitted as a conditional use in the G -III zone. 2. un February 2 , 1988, the Port Townsend City Council granted a conditional use permit to the applicants to establish a motel use on the lots adjacent to the site of the proposed suite. The motel use as established consists. of four cabins at 430-444 water Street and a small. building at 222 Monroe Street which is used s the resident manager' s office. The subject building is directly east of the manager' s office. 3 . The building has approximately 528 square feet of floor area. The proposed suite would have three bedrooms, a common . room, and one bathroom. There are two doors presently serving . the building. There are no exterior changes proposed to the building. 4 . Ingress and egress to and from the site is- presently provided by a driveway from Monroe Street, which serves the m eager' s office, and four driveways from Water Street which serve the four cabins . Off-street parking is presently provided for each cabin and the manager' s office. The applicants have written a letter to the city council , dated May 13, 1368 , requesting that their driveway from Monroe Street be widened by extending the present curb break approximately -40-12 feet south. . This would serve to eliminate one -street parking space o Monroe Street . Section 17 . 28 . 110 of the Port Townsend Municipal Code requires that two off-street spaces be created for each on- street space eliminated by a proposed parking. .plan. .. At its meeting of May 17 , 1988, the City Council amended its it determination of nonsignificance, which was originally issued on January 5, i8 , to include the proposed site , at 216 Monroe Planning Commission . Page 2 Street, after review of the environmental checklist submitted by the applicants pursuant to the Washington state Environmental Policy Act. Conclusions w 1 . The proposed motel use has two entrances, thus making it possible for two separate parties to use the space, sharing a common bathroom. Therefore, th6 suite will be defined a containing two units, each one requiring one off-street parking space. 2. The proposed motel use of the subject building will not endanger the public health or safety, nor will a nuisance be created. . The proposed use will be required to meet all of the conditions and specifications set forth in the C -I I I zone in which the property is located. . The proposed use will not be injurious or detrimental to adjoining or abutting property. . The location and character of the use will be in harmony with the area in which it is located and will b '.n general conformity with the comprehensive Plan. In consideration of the aforementioned findings and conclusions , the Planning Commission recommends that the above referenced application be GRANTED AS CONDITIONEDO 1 . A minimum of two off-street parking spaces shall be provided for the suite. 2. If oneon-street parking space is eliminated on Monroe Street as necessitated by the widening of the applicants driveway, two additional off -street parking spaces will be required. . It is understood that, the Uniform building code and Uniform Fire Code apply and must be net prior to occupancy. . If a building permit and/or occupancy permit is not obtained for subject property within one year from the date of the board' s decision, the conditional use permit shall be cancelled and automatically become null and void 17 . . 070 , Port Townsend Municipal Code) . i F Planning Commission Page Respectfully submitted on behalf of the Port Townsend n Planning Commission: Ron Kosec, Chr. , Review Committee G S*t �tihhiy Lanl071ffShah r4,.7e g8 • Do you wish to NAME 1please printf ADDRESS present testimony? YES NO 1V-13 1 hF W' S A 90 C00c, (.0 1 t S O/J 1�T ❑ M ��✓ ZOO oe, 6,7mp BO0000 a a • O O D O ❑ O 0 0 O D D ❑ • O O �