Loading...
HomeMy WebLinkAbout062388 Min Packet .r or PORT TOW S E D, WAS I N GTO N. 98368 :! 2 PortTo _ Planning Commission q ! # r CITY OF PORT TOI N9E D 1 t - r, y i s Y .M 1 i. MINUTES of JUNE 23, 1988 f 4 I !1 4r I. Opening Business- and Roll, Call. ! Y, 44 + k i r r Chairman Carman called the Meeting -.to order at 7:3 5 P.M.. } Members present were Rory -.K ec, Bob Grim- m-. Dori McLarrtey,, Don Hoglund, Jim Ta ernakis, Lois Sherwood; and ChairmAn Alan Carman. Chairman Carman declared a quorum.,,,,.,,Also presentwas CitiPlanner Michael Hildt and Asst. Planner Kevin O'Neill.'- Mr 'Neill.'Mr Yi Kosec moved -the minutes of June 9-,A9U be% approved as submitted. Mr. McLarney seconded .and the motion passed 7-0. Il. Communications . . Mr. O'Neilt passed out xe ox copies of letters submitted by Diane and Peter Allen at the last meeting regarding the'Dau anb rger short. I t application. There was a letter from °lair. Rawlins`,:requesting that Application *8806-01 be withdra w, and. - letter' from 'TAAS Survey requesting that the hearing on Application . Io. 8805-04- by John n aid Martha Woodworth be postponed to July 14, 1988. r Ill. old Business - k a. Application No. 8804-01 Barbara Williams �Areet Vacation r M . O'Neill presented. the. staff report. attached ' H.e passed out amendments to the draft endings of fact which included a revised - 1 description of the requested vacation. The applicant had requested vacation of that portion' of unopened Cosgrove Street which abuts Tax Lot 2 . - - evIsed draft finding- of fact #1 indicates that- the area available to be vacated is the southeasterly one-half of unopened,Co gro a St. extending from the eastern boundary_ of the oak St. right-of-way to a projection of the southwestern boi ndary of Lot 5, Block . , at a aright angle to .the southeastern boundary of Cosgrove S .. + _ 41 • .6/23/88 a ` i The public hearing was opened. Dean Lansing spoke in favor of the request. Barbara Williams said the proposed vacation as revised would be sufficient for her reeds. The public hearing was closed. Committee Report: lir McLarney said taking into consideration the reprised findings of fact, he concurred with staff's recommendation for approval. Mr. Grimm said all city departments had signed off as havIng no objection to the vacation. Therefore he also concurred with staff's recommendation with findings of fact ars amended. Chairman Carman asked that draft finding of fact #1 be further amended to refer to the area as "that portion of unopened Cosgrove St." The area is part of ars old dedication and was never re platted. The words "plattedbut" will be stricken from the finding. Mr. Grimm moved to recommend approval of Application No. 8804-01 with findings of fact as amended by staff and by the commission. Mr. McLarney seconded and the motion passed 7-0. . Application No. 8805-03 W. Jim Wilson Conditional Use Mr. Ta ernakis excused himself on grounds of a possible conflict of interest. Mr. O'Neill presented the staff report. attached The applicant proposes to construct a one story commercial structure with roof-top parking on vacant lot located at 1104 Water St. The new structure will be occupied by a barber/beauty shop and a► commercial movie theater. He also proposes to occupy the second floor of the existing McGee Building with a miniature golf business. These uses are conditional in the C-III zone. lir. O'Neill passed out a letter from the port 'ToNvmsend Fire Department regarding the second floor of the McGee Building, and a pack of letters regarding the theater use. He emphasized, as stated in draft finding of fact 3, that the entire developed area of the site as proposed on the current building plan is within the - 111 zone as extended per Section l .l2.5o of the Port Townsend Municipal code. Mr. Grimm asked if the abandoned sign referred to in draft finding of fact had been removed as requested. It has not. He asked If the 752 reduction in the parking requirement referred to in draft finding of fact were mandatory or up to the discretion of the commission. Mr. O'Neill said that if the use is in the Downtown Parking District, the reduction is automatic. 2 6/23/88 a S 5 Mr. Grimm asked the staff's opinion as to what the impact of the proposed uses would be on the o ,rntov�n parking area. Mr. O'Neill said this would be difficult to predict. There `could be a problem if the uses overlapped in time to a great extent. Mr. Wilson. said he owned Lot 3 which is currently being used for paring and could block it off tomorrow. Therefore, he should not be required to replace the 15 spaces located on that lot which would be eliminated by the new building as required in draft conclusion 1. The public hearing was opened. Doug Davidson, owner of the "amusement enterprise", said he didn't feel his business would use the 13 spaces projected as necessary in the staff report. Most of his customers will be lids. Mr. O'Neill pointed out that draft finding of fact indicated parking which would be required if the building were built today. The parking is grandfathered for uses in the building. Mir. Kosec asked if this was true only for existing uses. fir. O'Neill said it was true for any use in the building. If the use is conditional, the planning commission has the option of imposing a parking requirement t as a condition of the permit. Rocky iednan, owner of the proposed theater, said .his business falls under the present code as far as parking is concerned and he will abide by the required 32 parking spaces. The public hearing was closed. Committee Report: fir. Ginn said he had some concerns about whether the parking on the second floor would be utilized.Otherwise, the proposal seerned to fulfill the conditional use criteria. Mr. Hildt said one option open to the applicant was to petition for the payment of a "fee in lieu'. Mr. Wilson on said the parking would be paid parking g and would be locked after the theater closed. Chairman Carman asked lir. O'Neill to delineate the parking requirements as outlined in the staff report. 40 Mr. O'Neill said that draft finding of fact gage the required number of parking spaces for the neer building as 42, which was reduced to 32 per Section 17.28.100 of the Port Municipal pal Code. Draft finding of fact gave the number of parking spaces that would be required for the two uses in the present building if the building were built today. This is point of information only, not a recommendation. Draft finding of fact points out that the neer building will eliminate the vacant lot which is presently used for parking and will put an additional burden on the regaining parking spaces in the downtown area. There is nothing in the zoning code which specifically requires those spaces to be replaced. However, the staff is recommending a requirement of 47 spaces, 32 plus the 15 eliminated by the new building. The plan submitted with the application shorn 27 8x16 spaces. A legal parking space rust be Zoo sl. ft. Mr. Hildt said the City of Port Townsend is giving existing buildings ars opportunity to occupy vacant space without providing parking, even though new uses will generate new parking needs. This is a result of Mr. Harper's interpretation of the zoning code. The staff therefore details in its staff report parking spaces that would have been required, but are not going to be required because of this interpretation. The conditional use does give the Cit} Council the discretion to Impose whatever conditions it feels are reasonable. The replacement t of the 15 spaces is a judgment call. Chairman Carman asked what additional requirement was suggested for the neer use on the second story. This would be 13 spaces, if the building was not grandfathered. Mr. Grimm asked if the applicant met the requirement of 32 parking spaces. Mr. O'Neill said the plan- does not indicate 32 legal spaces. Staff had recommended approval with the condition that all parking requirements be rye . Mr. Wilson thought he could fit 5 additional spaces behind the building There they were going to dig into the bank and put a retaining gall. He asked why Peninsula College hal not had a parking requirement when it occupied Barney Sabo's building. Mr. Hildt pointed out that the college occupied an existing space which was grandfathered. The Planning Commission chose not to Impose a parking requirement, although they could have as a condition of approval to the conditional use. New building space or the elimination of existing parking spaces was a different proposition. Chairman Carman said that the amount of space necessary for parking could be reduced by a certain percentage for compact spaces. Mr. Hildt said in the past there had been a variance granted for compact cars equal to 402of the total parking area. Ms. Sherwood pointed out that ll spaces were spoken for, if the clinic leased 6 and Mr. Wilson had 5 employees. 6/23/88 ak i r• • Chairman Carman asked if the building might be found to "contribute to to" the parking capabilities of the Downtown Historic District, and thereby be eligible for a 5 reduction in the parking requirement. Mr. Hildt said the applicant mould meed to apply to the Historic Preservation Commission. David Kahle , a volunteer on the Historic Preservation Commission, said that In general "'contributing to" meant bring within the Historic District, although there is growing concern over fringe' areas. He cited Section 17.28.110 of the Port 'Tovmsend Municipal Code which allows that for every on-street parking space created or restored the requirement could be reduced by two off-street parking spaces. If Mr. Wilson could redo the sidewalk in front of his building,, the city could recoup two ori-street parking spaces, thus the requirement could be reduced by four. Mr. Hildt reminded the commission that the proposed 23 spaces on the roof were not legal; a variance would be required to reduce the requirement for compact cars. In a conditional use permit, the commission does not have the discretion to reduce the requirement of the zoning code, Chairman Carman calculated, using Soo sq. ft. as an estimate, that 23 spaces could be placed on the roof assuming space adjacent to the ramp was used for parking. The 5 additional spaces on the ground made a total of 28 spaces. This did not settle the question of the 15 lost spaces. Mr. Grimm said it was up to the applicant to propose a parking plan that met the requirements. Mr. Wilson said he had been in the dark as to the requirements. Mr. Grimm moved to recommend approval of Conditional Use Application #8805-03 y falter J. Milson and adoption of the findings of fact and conclusions 's 21, 31 41 & 5 as presented by staff and conditions as presented by staff. Draft conclusion 1 will be rewritten to strike the reference to the 15 spaces eliminated by the development and read: The zoning code requires 32 parking spaces be provided for the uses proposed .in the building addition. Per Section 17-28-110 of the Port Townsend Municipal Code a reduction by two off-street spaces for each on-street parking space created or restored will be allowed for a total reduction of four spaces. Therefore, the total number of parking spaces required for the proposed project shall be 28. Mr. Mc ar ney seconded. Mr. Kahley said that the City Council has not yet met with the Historic Preservation Commlsston to discuss the design of the building. Mr. Wilson said the building was all designed. The commission voted on the emotion and it passed 6-0. 5 6/21/AR Aft s C. Application No. 8805-04 John & Martha Woodworth Short Plat Because of a near personal tragedy, the Woodworths are requesting a postponement of the hearing on their short plat application to the next regular meeting of the commission. Chairman Carman opened the public hearing. Mr. Kosec moved to continue the hearing to July 14, 1988. Ibis. Sherwood seconded and the motion passed 7-0. i . New Business . Draft Ordinances Mr.. i dt referred to a memo from Keith Harper concerning house numbering and definitions of front yards in the zoning code. He will draft two ordinances to attempt to deal with problems in these areas. Mr. Grimm moved to propose ars amendment to the zoning code to define "frontyard" and house numbering. Mr. Tavernakis seconded. A hearing date was set for .July 28, 1988. The committee will be lair. Tavernakis and Mr. Grimm. The commission voted on the motion which passed -0. . Application leo. 8806-02 William am Joanna Withers Variance The hearing was scheduled for July 28, 1988. The committee will be Mr. Hoglund and Mr. Kosec. V. Announcements The next scheduled meeting will be July 14, 1988. At this time the commission will continue the hearing on Application leo. 8804-02 by James Daubenberger for a short plat, and will hear Application No. 8805-05 by Mike Major for a conditional use permit, and Application No. 8805-04 by John & Martha Woodworth for a short plat permit. VI. Adjournment The meeting was adjourned at :30 P.M. Alice King, Sec aryv 6/23/88 a t FINDINGS FACT &M CONCIallfalQRS QF LA 1M C2MIS5IQH Late: June 23, 1988 Re: Street vacation Appl . 8804-01 , Barbara Williams After respectful consideration of the above referenced apply.- cats.on including on- ite 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 Findings __ f Fact 1 . The applicant requests vacation of that portion of platted but unopened Cosgrove Street which abuts 'fax Lot 2 , extending from the eastern boundary of the Oak Street right-of-way to the center line of the Tyler Street right-of-way. The portion to be vacated extends for the full 60 feet of the Cosgrove Street right-of-way. (Note: Further research l e undertaken on the boundaries of the requested vacation in advance of the public hearing. ) 2. The applicant owns the abutting property adjacent to and southeast of the area to be vacated. The City of Port Townsend owns the abutting property to the northwest of the Cosgrove right-of-way. The city property is used for street and park purposes Sather Far . . The portion of Cosgrove Street directly east of the subject area, which lies northwest and adjacent to Lots 5 and 6, Block6, etty rove' s First Addition, was vacated by the City Council. to James Mathias in January, 1988 . This vacated portion extends 100 feet northeasterly from the intersection of Cosgrove and Tyler Streets, and consists of the full 60 foot width of the Cosgrove Street right-of-way. . . The applicant intends to construct a detached garage behind her home at 1006 Taft Street. The vacation is requested so that there will be adequate space to build the garage while conforming to the setback requirements in the zoning code. Qonclusions 1 . The proposed street vacation is in compliance with the goals and policies of the comprehensive plan. 2. The portion of Cosgrove Street proposed to be vacated is not required for current or anticipated overall area circulation. Planning COMMiS5 ion Page 2 . The effectiveness of fire, law en orcement, medical or other emergency services will not be impaired by the proposed vacation. . The portion of Cosgrove Street proposed to be vacated is not required as a current or anticipated bicycle, pedestrian or equestrian trail corridor. . The portion of Cosgrove Street proposed to be vacated does not abut on a body of salt or fresh water. - 6. Because the proposed street vacation conforms with the goals and policies contained in the comprehensive plan and satisfies the review criteria for street vacations set forth in Section 12- 20 - 060 PTMC, the Port Townsend Planning Commission recommends that the above referenced applicationS CONDITIONED: 1 . A certified copy of the ordinance vacating the street shall be recorded by the city cleric in the office of the Jefferson County auditor upon receipt by the city of all fees and compensation required' ( 12 . 20 . 120 Port Townsend Municipal Code) . The street vacation shall be cancelled and become automatically null and void one year after City Council action if said fees have not been paid. Respectfully submitted on behalf of the Port Townsend Planning Commission, Donald B. McLarney, Chr. , Review Committee r ` a To Planning Commission From: Kevin O'Neill Assistant Planner Date: june 23, 1988 Subject: Street Vacation Appl. i01. , Barbara Williams Based on further research, the following amendments are suggested to the draft Findings and Conclusions on the above-ref erenced case: A. Replace Finding #1 with the following. The applicant requests vacation of that - portion of platted but unopened Cosgrove Street as shown on that certain survey recorded January 12, 1987 in volume 8 of Surveys, Page 92, Official Records of Jefferson County, Washington, abutting upon Tax Lot 24 . The portion to be vacated is the southeasterly one-half of unopened Cosgrove Street extending from the eastern boundary of the Oak Street right-of-way to projection of the southwestern boundary of Lot 5, Block 6, t a right angle to the southeastern boundary of Cosgrove Street. B. mend Finding #3 as follows . The portion of Cosgrove Street directly east of the subject area, which lies northwest and adjacent to Lots 5 and 6, Block6, Pettygrove' s First Addition, was vacated by the City Council to .dames Mathias in January, 1986. � � . . a w w s 1 * r r R % /VAKO 7—F . 2 7 . '. TIED � } . ti 2 1-4 r A IV r R4-ACED . r-rePO . .4 r � � r F Qs 107 + C qL 00 + 40 � Y+ do IL��� 00 _ - X45+}u ict¢ o "! + Ir dk IZ 750 /0 3 M # F 004.1 ] i.r # h Y A + i ol�lvcej-r/VIE 7AX r k rtr o f d le,. " .{ EIN1510r2 OF FACT &M CON-C195 1ONS, OF THE PIANNIKO��M;510N Date: June 23, 1988 Re: Conditional Use Appl . 8805-03, Walter~ J. Wilson 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 Commission hereby submits to the City Council the following zindings and cone l u -ion Findinas of Fact: 1 . The applicant proposes to construct a one story commercial structure with roof-top parking on a vacant 10A located at 1104 mater Street. The proposed development would be an addition to the McGee Building at TT Water Street. The ground floor of the McGee Building is currently occupied by Coast to Coast hardware. The applicant intends to occupy the new structure with barber `beauty shop and a commercial movie theater~. He also proposes to occupy the second floor of the existing McGee Building with a miniature golf business, which for purposes f .�r r ; "amusement �' the zoning cone woui o classified a amusement enterprises use. An amusement enterprise use and a theater use are both permitted as conditional uses in the -III zone. . The proposed development site encompasses Lots 1-4 on Block 38 in the Port Townsend Central Business District. The site i bounded on the south by dater Street, on the east by Polis Street, on the north by iahlgtn btreet, and on the west by Port Townsend Medical .1inic. The McGee Building corers Lot 1 , while the proposed addition would coven Lot 3 and the southern portion of Lots 2 and 4 . The addition would be sited on Lot 3, while the southern portion of Lots 2 and 4 would contain a ramp leading to the rooftop parking area. Ingress and egress to and from the ramp would be by way of Polk Street. The norhern portion o Lots and is a bluff sloping up to iashington Street. 3. Lots 1 and 3 are zoned -III; Lots 2 and 4 are divided by the zoning district boundary between the -III and R-I! districts . The zoning district boundary: exists approximately 88 feet northwesterly of the southern boundary of these lots. The lots are IiO feet deep, thus the northern half of the lots is zoned C-T I and the southern half is zoned C-111 . However, Section 1' . 12 . 5th of the Port Townsend Municipal code states that "where a district boundaryline. . . derides a lot in single ownership. . . the district requirement for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extension shall not include any pant of such lot more than thirty-five feet beyond the di str i t Planning Commission, 8805-03 Page boundary lire. " Since the least restricted portion of the lots is the C-III zone, an additional 35 feet north of the zoning district boundary line should also be considered C--III . Section 17 . 20 . Io of the zoning code requires a 25 foot rear setback for building in the C-I I zone when such building abuts property zoned for residential . The net effect of the C-III zone extension and the required 25 foot setback from the R-H zone 30.S that the proposed structure may not extend more than 68 feet into Lots 2 or 4 tsince 58 feet -1- 35 feet - 25 feet 68 feet) . The applicant' s current building plans show that the developed portion of the site will be within the C-III zone as extended, and will be more than 25 feet away from the abutting R-II zone to the north. r . The proposed addition to the building would be occupied by I80 seat movie theater and a 1200 square foot barber/beauty shop. The parking requirements for these uses are as follows Us meq ►iremmgnt Parking Spaces Theater/160 Seats Y l space/4 seats 4 Barber/1200 SF I space/600 SF TOTAL REQUIRED SPACE&S 4 Since the uses are within the Downtown Parking Area, the 42 required spaces are reduced to '15 percent of the requirement, or 32 spaces ( 17 . 28. 100, Port Townsend Municipal - Code) . The applicant' s current building plans show that 27 8 x 18 foot parking spaces would be available on the roof; however, the zoning code requires that an off-street parking space have a net area of no less than 200 square feet. The zoning code also stipulates that a proposed parking plan allow 300 square feet of gross area fax~ each vehicle. The applicant estimates that there is an additional 1 , 0 square feet behind the building available for off-street parking; although present building pians do not show parking in this area, an estimated 5 additional spaces may be possible. 5. Built prior to the enactment of the zoning code, the McGee Building is a legal , nonconforming use with respect to parking requirements . Accordingly, there are no parking requirements in the zoning code which are applicable to the proposed use. Off- street parking ,requirements may be reasonably imposed as pant of conditional use permit. If the building was built today, the parking requirement would be as folors Planning Commission, 8805-03 Page Requiremaul Park3miz-Spac-es Hardware/6,000 SF 1 space/600 SF 10 Amusement/4 , 000 SF 1 space/300 SF 13 TOTAL E U ED SPACES 23 This would be reduced to 75 percent of the requirement, or 1 spaces, since it '. In the downtown parking district. . The current operating hours of the coast to coast Hardware store are 9 : 00 ani to 5 : 30 pm Flonday-Saturday, and 12: 00 pm to 4 : 00 on Sunday. The operating hours of the barber/beauty shop at its present location are 9: 00 axe to 6: 00 pm Monday-Saturday. The planned operating hours of the proposed amusement business are 3: 00 pm to 10 : 00 pm weekdays, noon to midnight Saturdays, and noon to 10 : 00 pm on Sundays. The proposed theater would operate between approximately 7 : 00 pin and 11 : 30 pm on weex days, and would also present afternoon matinees on ween-ends and ween days throughout the summer. Therefore, the hardware store and barber/beauty shop are daytime uses only, while the theater and amusement business will operate in the evening, with some afternoon hours as well . . There are approximately 15 spaces located on the site of the proposed building addition, 6 of which are leased to the a"jacent medical clinic. These spaces would he eliminated y the proposed project. Where are also 9 on-street parking spaces directly east of the McGee Building on Polk Street. 8 . An abandoned sign presently on site is a prohibited sign ( 17 . 134 . 080 Port Townsend Municipal Code) . A 30-day order~ t remove this sign was issued on May 3, 1988. 9. At its meeting of June 7 , 1988 the City Council amended its Determination of Nonsignificance, which was originally issued on April 21 , 1987 , to include the theater and amuserent enterprise, after review the environmental checklist submitted by the applicants pursuant to the Washington estate Environmental Policy Act. Lonclusions i . The zoning code requires 32 parking spaces he provided for the uses proposed in the building addition. Furthermore, 1 spaces would he eliminated by the proposed development. Wherefore, the total number of parking spaces required for the proposed project shall he 47 . [gyp to fifty percent of the parking requirement may be met through a ,joint use arrangement ( 17 . 28 . 060 Port 'Townsend Municipal Code) . Ok Planning Commission, 8805-03 Page 4 2. The proposed theater and amusement uses of the subject property under appropriate conditions will not endanger the puo is health or safety, nor will a nuisance be created. . The proposed uses will be required to meet all of the conditions and specifications set forth in the -III zone in which the property is Located. 4. The proposed uses will not be injurious or detrimental to adjoining or abutting property. . The location and character of the uses will be in harmony with the area in which it is located and will be 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 GRANTEDAS CONDITIONED6 1 . The conditionals use application is granted on continuous basis, provided that all of the conditions and specifications of the - I I zone in which the property is located, including those relating to parking and signs, are met. 2. The rooftop parking area will be designed in such a way as to completely screen the vehicles . from street views long Water Street, . it is understood that the Uniform Building Cocke and uniform Fire Code apply and rust be met prior to occupancy for both the second floor- of the McGee Building and the new addition. 4 . The abandoned sign shall be removed from the site prior to occupancy of either- the second floor of the McGee Building or the new addition. 5. 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 . 64 . 070 , Port 'Townsend Municipal Code) . IL Planning Commission, 8805-03 Page 5 Respectfully submitted behalf of the Port Townsend Planning Commission, Donald H. McLa ney, Chr. 0 Review Committee i T I F � �riw� • � J { �k 1 , , L I r F+ r N� �M {I FSI F 1 +1 4 + �y I 7 J� 1 A 1 Y 4 f .._••F �+--�iT-� t � s�:�_.� ��� .-_-rte_ ����ta--r� ��- t �-�err�����-.T��«•rr��-�����__ r•,rr���__ • • � ��r�-�;.-�� �_ A r� � r a' 4 • 1f} _-�' - r-�����aw��r�}�.}._���t-� -_`. ��t t����._� �_�.�� --,� � _. ����� ����_�� �-- afr T,����. �_�_ ��� �r�f _ _ ���w-•r��