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HomeMy WebLinkAbout102788 Min Packet 'RORT TO SEND, WASHINGTON 98365 ' Port Tow d-TI M Co suon exp. CITY OF PORT TOWNS ND � r a I y • y i r s ' �f a MINUTES OF OCTOBER 273 1988' . 1. Opening Business and Roll Call. f . . chairman Carman called the meeting to order at 7-:55 P.M. r Members present were Ron n Ko a Bob Grim ,' Daren Erickson, and Lois Sherwood.Y Cha rman Carman declared a c orurn. ' Also present were City Planner Michael Hildt and Asst. Planner Sevin 'M?ill- Mr. K ec moved to approve the- minute' s of o Lobe' r 13, 1988 as distributed. TATs. Ericks e- seconded,and the motion p sled -0. � t r 11. ' Communications t r Chairman-Carman pa sed information on the budget to Mr. K se . There was a letter from John Vincent regarding planned unit a development proposed, by William Grace, re uesti :g that the construction schedule adopted by the City Council be amended because of difficulties in F obtaining inan in . They Irish t charge the number of buildings required to be completed prior to initial- occupancy, rather than bearing the cost `. Y mater main on qua Ave. they would prefer to split• the cost Frith the,City, and instead of a perf orm ance bond they -wouId pr ars escrow agreement. The commission. needs to decide Whether these are insubstanti a changes or substanti a charges regi!nring a rehearing. ' Mr. Grimm clarified that the request involved a contract signed with _the JD chic • the proponent .no , .wishes to amend. `' 111, old Business i a. Ordinahce relating o process for minor variances and conditional use .applications (continued from -September 23 198). t Mr. Hildt explained that draft 2 of. the proposed revisions was meant t expedite minor variances or conditional use- permits by treating the r Planning Commission's hearing a ' the City Council's hearing. City Attorney i 4 ' + • f- t 10/27/88 ak ti Keith Harper had recommended against draft one., which took such minor requests directly to the City Council, as not meeting due process considerations. The ordinance defines a minor conditional use as a change of use in an existing building, A minor variance would involve to of the bulk or dimensional requirement. All variance and conditional use criteria would still apply. The Planning Commission's recommendation to the City Council could include a summary ary of testimony presented at the public hearing. The City Council would rule on the adequacy of the record. If the record was found to be inadequate, a public hearing would be scheduled in front of the City Council. Mr. Grimm asked if the public would have an opportunity to speak on the adequacy of the record or to encourage the City Council to hold a hearing. Mr. Hildt said that testimony before the City Council would reed to be limited to new information or testimony from someone who wasn't notified or had been out of town; testimony on the merits of the application would meed to be adequately advertised. Mr. Kosec thought the procedure confusing as to ghat kind of testimony could be presented to the Council. Chairman Carman agreed that the procedure after the application went to the City Council ought to be spelled out to a greater extent, i.e. that the City Council would solicit testimony on the adequacy the record. Mr. Bildt thought that if even one person requested a hearing, there would be a hearing. The commission discussed the number of applications which would be affected by the proposed procedure, which was difficult to estimate because any applications which would be minor are never pursued. There were perhaps six conditional use applications that involved a change of use without any new construction. Mr. Hildt estimated that the process would shave off two to three weeks. Some members questioned whether this would make a difference to those discouraged by the present process. Mr. Hildt suggested that 3 p. 7 read: "If the board finds that the record established by the planning Commission is not adequate, the board open the record for additional public hearing ...IF Chairman Carman opened the hearing to public testimony. Patti Sullivan asked for clarification of the definition of a minor variance as being "no more than IOX beyond the bulk and dimensional requirements." She asked how this would affect additions to buildings o various lot sizes. Mr. Hildt pointed out that a minor variance would only apply o ars existing building. Lot size is not pertinent. Chairman Carman gage as an example the 20 foot setback en . minimum variance would involve no more than 102 of this or two feet. On lot coverage the figure would be no greater than 38.5% (maximum lot coverage being 35%). Chairman Carman asked if height were among the dimensional requirements to which this ordinance would apply. Mr. Hildt thought it ought not to include height. Chairman Carman suggested this be clarified by adding to the definition: as regards minimum front, side, and rear setback requirements and maximum lot coverage. Ms. Sullivan asked why a certificate of occupancy or building permit was required if the conditional use application only involved a change of use. Mr. Hildt said the AJC requires a certificate of occupancy for a change of use because different uses have, for example, different requirements for ex its. TATs. Sullivan asked why the term "building official" was used rather than "building Inspector." Mr. i dt said that building official was the def fined term in the CIBC, Ms. Sullivan was concerned that the actual procedure for when public testimony was appropriate was unclear. She asked about property owners who were out of torn when notification was sent. Chairman Carman said there were ways of communicating quickly if necessary. Ms. Sullivan asked if minor conditional use applied to residential as well as commercial. Chairman Carman said the application would have to meet the conditional use criteria. Ms. Sullivan said she considered the procedure confusing and beneficial in only a► small number of cases. She though perhaps the process might be worthwhile for conditional use, but suggested the variance procedure be left as it is. Bill Schwilke questioned the necessity for any change, when the result was to share 14 days off of a 60-90 day process for six cases. He didn't believe that those 14 days would make a difference. He said the Planning Commission was not an elected body. The City Council ought. to hold their on public hearing for findings of fact. He felt that information could be left out of a summary of testimony. What is mirror to some may be major to others. He asked why add confusion when the process works. Chairman Carman closed the public testimony portion of the hearing. Committee Report: Mr. Kosec wondered about the number of cases that would benefit. Mr. Flildt reminded hire that the six cases referred to did not include variances. Chairman Carman suggested language changes: furter defining of the variance as regards setbacks and maximum lot coverage, and making it requirement that if the board finds the record to be inadequate, it trust hold an additional public hearing. if anyone objected at the City Council meeting, the Cit} could have to find the record inadequate. He in't see notification as a failing. He did want to ensure that the record would be established in the proper legal manner for the City Council to adopt or reject. Ms. Sherwood said she shared Mr. Sch ill e's concern about a hearing in front of elected officials. She was not sure that the procedure was appreciably less hassle. Mr. Kosec pointed out that the cost to the applicant was the same. Mr. Grimm thought the fact that only days would be saved indicated that the current process was not too slow. He doubted the charge was north the added confusion. Mr.. Kosec moved to recommend to the City Council that draft 2 of the ordinance not be adopted. Ms. Sherwood seconded and the motion passed 4-1 with Chairman Carman opposed. b. Application leo. 8809-01 .W. & Kathleen Bradford Street Vacation Chairman Carman excused himself for reasons of appearance of fairness. Mr. O'Neill eill presented the staff report (attached). The applicant requests the vacation of that portion of platted but unopened Cosgrove Street abutting Lots 7 and 8 on Bloch 6, Pettygrove's First Addition. At the request of the Dept. of Public Works,, a seven and one half foot strip either side of developed Cosgrove will be left for future circulationneeds. The area requested for vacation would not be a buildable lot. The public testimony portion of the meeting was opened. R.W. Bradford said they were making the request in order to protect the trees on the right-of-way. The public testimony portion of the meeting was closed. Committee Report: his. Sherwood ,said she d some 1 f f ic concerns, but noted that the Fire Dept. and Police Dept. had signed off on the application as having objection. Mr. Kosec noted that this would complete the vacation of the unopened street. Mr. O'Neill pointed out that if the vacation were granedl it would landlock the portion vacated to lair. Mathias. Mr. Harper is in the process of drawing up ars agreement for ars easement from developed Cosgrove to the Mathias lot. Ms. Sherwood moved to recommend approval of application No. 8809-01 for a street vacation and adoption of the findings of fact, conclusions and conditions of approval as proposed by staff. Ms. Erickson seconded and the notion passed -o. C. application No. 8809-02 James Farris & Eileen Simon Street Vacation Chairman carman rejoined the commission. Mr. O'Neill presented the staff report (attached). The applicants request vacation of that portion of platted but unopened Wilson Street extending from Matted Discovery Bair Road north to platted and unopened 20th Street. The public testimony portion of the meeting was opened. Eileen Simon said they were willing to comply with the proposed utility easement. dames Harris said they planned to maintain the area in a natural state. The public testimony portion of the hearing was closed. Committee Report: Chairman Carman noted that the area proposed for vacation was not needed for transportation or area circulation, and was not part of the trail corridor system. He saw no reason to maintain it on the public right-of-moray rolls. Mr. Grimm n asl ed that the Fire Dept.'s concern be clarified. He moved to recommend approval of Application No. 8809-02 for a street vacation as conditioned, with the modification of conclusion #3 to read: "The effectiveness of fire, law enforcement, medical or other emergency services will not be impaired by the proposed vacation, subject to final approval by the Cit} Fire Chief.", and adoption of the findings of fact and conclusions a prepared by staff. Mr. Kosec seconded and the motion passed 5-0. IV. New Business a. Application No. 8810-01 Keith Jackson Conditional Use The hearing was scheduled for November 10, 1988. The committee will be Mr. Taernais and lis. Erickson. b. Application No. 8810-03 Sonya Diller Street Vacation The hearing was scheduled for November lo, 1988. The committee will be Mr. Hoglund and Mr. Losec. C. Application No. 8810-02 Wm. & Marcel biller Conditional Use The hearing was scheduled for December 8, 1988. The committee will be Ms. Sherwood and Chairman Carman. d. William Grace The commission will make a determination on December 8, 1988 as to whether or not the proposed changes necessitate a new public hearing. Mr. O'Neill will mail out copies of the agree rent, of the previous Planning Commission minutes on the proposal, and anything pertinent from the City Council minutes. e. Workshop on parking for uses in buildings constructed prior to 1971 and allowable uses in the R-1A zoning district. This workshop was postponed to December 8. 1988. V. Announcements The next business meeting will be November 10, 1988. The commission will hold a hearing on a proposed zoning amend rent, Application 8809-03 by Terrie Remington and Yvonne Pepin, Application No. 8810-01 by Keith Jackson for a conditional use permit, and Application No. 8810-03 by Sonya Biller for a street vacation. VI. Adjournment The meeting adjourned at :20 P.M. . Alice King i.Jst NAME (please print) ADDRESS Do you wish topresent testimony? YES NO /li. /�urL.C� �.33 ZAw,Cfwt� ❑ ❑ G Z � El El � o�a Svol �v�J El El 24 a `1 3 SAN �'�. O O �i been S;m all 1016 ❑ El �r�P d �� I I f'1 i�T. o ❑ &N/ I L 0 0 0 0 ❑ o 1:1 El O El El 1:1 + PD T TOWNSENO, WASMINGTON 98368 ` S 4 Fort Townsend. Planning Commussion CITY OF PORT TOWNS ID t S OF FACT A.,NDC NCL SIONS OF THE. F[j ANN I G COQ I �-t-)Nr . Street Vacation .app-1 . 3309-01 , R.W. and Kathleen F Bradford After T r # ew 1�e c t z " c i# s i e a V YI con: t A e i••L�IFes'A�}� � �i+�� �++1��MM��'[�+y_ � y f�+��+�) � �.rte.�..—i 1��'-�# � i_I�4•..��_�` ��� + +� 'i.;y,...l•� � �„�. sp , t : . 'Z.z� tilts ilts p oper: , and �..� �•�� • A� w I.M. - t# AN; J+rt� {���� ��3 �,�� -i�� .A a 3�4� rt YS -a ��f,� s rt ��y4 M � �5� � 1 ��t Tt ■ Z' i � Z�'V V a •��4 Z.'Z of '� +�tr i • i ' V ' M■i#�, ii�4 of'��#sig 2.as i:. 3 ate.0 1 • r ap i i,�a zi s it 1 I _ % c a /i'n z r. that c r t i oof l, :11:01d y : - # ;I j,jr-s Ado I t I an. Then 1par j' on 1proposedto be v c a testi ?1)to d 111 s.: (see Appendix A) The aY--1 antz own the "butting property c „ac nri t In: and sv:�utheast of tne area to be vacated. The City of Fort Townsend ors the abutting property to the northwest of the Cosgrove right-of-way. The City property is used for street and park purposes (Sather Park) . I . The portion of Cosgrove Street diractly directlysouthwest of the ut area, northwest and adjacent to Dots 5 and 6, Block 6 , g'” . e ' Firzt Addition_, was vacated by the City Council to James Mathias in January, 1988 . The applicants request the street vacation to preserve the trees and open space which presently exist and to increase the bufler betweentheir residence and the daveloped portion of 'o s g rz- e Street, . Concluzion . The proposed street ' acati is in compliance with the goals 1YY1 � 1 y iiY� �L f �y�-�j . i i i..r Icy.•3..er # ..► r i, # r ##♦i r i r a • ?"� *-+.M• �y+.* ' .fir 4� ++..rt 1. �.rt 4J -# ar r�c 5r .,.r n i../•.4 +:r current iNrr n.r F:i antic'' a d v ve is a l ! area r e.fir. c x r l a t i � +hili ]L n g C omm i s s i o n Page � . �he � ��v,en i J_.re, , law -L 1 r'cemen U, m d*. car other emergency services. will not Ue imp=aired by the proposed vasa pion. �. La +l �+•� .,y :���F.-r t�r=+' ++ ■ �+-,y � '+ ry.'r{�i�F I..r�1 r••-�1�� 3..� '�* �+.�.�V�r r ;V +D� %..��I. r.J rY..C.r fr a4 V�y.•w �V�e�� �.��� �.+_ 1�1�-.t � �+ 1 r trail cor ]*Lr. i 6 . he or'pion g�'o e S L�' e pre � to ac ted doeS. r1 t a --;�.- on body of <-Ml or fresh #a t-,er . c a u t 0he pr p ted �E e C. �.� i n � n o r' z :` the ;�i•go z..J a'}! I '-a {n1�]1 I�� � 1 1 Tri / I�I � !� +4f�'�'�`�1 1 y�`�� �}'�y1 r 1 � }'�•�! +��} 1 Irk ���•+�� 7��y` .- � {� #��L �•y��{�/�.�Vo ,+#LR -1 i#� .A# � #� 'fit V t ��4��}rt � ��.r+e r&.�.\i•i 14 a#�i� ti��i 4../�S I I�F - M y a.x �� ' #�. #� # T R� �+a. ff k+. `#.� 1 \+f. Y.r 4 .r iAy tew % . o "•:cared r# a o t {r• o - _ e : +.~+ a .r 1fai 1 d+ ,@ #1* ., 1 LZZ :� �..k �^. '�.r l� L..t a p 1 i c -JI.o it be GRANTED S CONDITIONED: . � i o f o c�1 ce i -DU e 1 e r�ec ded L e � 1- � e o1 � e o4 he Jefferson County a di'L­ror• upon by telae .-L u o-L alp. ee s and coo en-a pion requite e d 0 . 12,0 Por a't ca l e d Municipal 1C.10-d The Q to" reel ' 1; .0.L a i ca-n ell d rid become nilll a' dC_fJLd3:� year after City � r� Council a i i Scdlc tiIe have not been paid. Respectfully Submitted on ehal-f of the Port nz-and Planning mmiS ion, Lois Sherwood, Chr. , Review Committee • 1 C'Ity of Port Townsend x` Port Townsend, Washington 98368 385-3000 Cil, ;,'a I'' E; jQ;Q: Z! ��•�1-�� � '� � .} r. f�Y : ��,, . 1 ate. � �_�r+ +-,+.-w� � �.,,�,r- �. .: � ,i iia* it cc 1 .Z' ,�' Y .� .Y.3 Y _ ''" ati i� ��t i#4../ �ti#�a i aI r e L 'Vacatic,npplic . i,:i R. W. an a zlil�, 11 Bradford r..a��r,... ' t c. b a 18 , 1 88 month we 'ei-v- d an application -from . r _ and K hi> 1 r y f Y i to T a ct a •r t i n of unapened Cosgronre Street . Ohno p r t/�iy+l extends f from m #a JJJ Street #reet tc, Yr t yDn f 4`iD goa which icL MIE a jamenz 11:01has in januar7. The original I,y i 1 r I , - r , Y Y "a Y Y . .r al s 1 �F��.�C.w+i,,.� �t �r�krt �..�� �� �a�Ins � � j �#i�a r +•.�1��V�+�.��.�}w � � �� 4t what an aRi a t�y r �•ti d i to ws w 4 av h e Z also t .��Y+••'•�jai ri � �}� � •r�r �rt�i•�.�� ill that L+A w� ••+r 4.� w ��t � �.a � � �rt 1-1 #.r.� A� } il.+4 a � S r+ +� M � �+.�.F Y Y t -1 F +� �r # i Y qs Ir t • 7 Y 3,y, 3�.r �E;] •ri C: Y t:+ + �.r ti.r:i a..}a tY r rt}•.� r a o M-J i.r V� r,-r til i 1 i .J a �..N sa z �}.+r 3..r� r r f � : � ... ,.... � gzann-rig the '13riginal application. sh w ns the location cf INICIPMAR , Ip" MACY COBJQ0178.1 01 r esi at i n 0 t.. e nr e s o en � �. '� as "n thearea. . A f ahn is u ref is a :,ached. Ted Stricklin has recommended that a portion of ope ed (ADISgrosre 1.3ring5 adjacent to developed COOS 1)e VSZW71-red f+Dr pozsibie Lire expansion of the 3 t?"et . I would a z h that you revi�w the eapplication once re with t h._ updated 1z'.�rm a'ti on. ' have attached the survey,, he application , and a copy your original c.zr,rwnents for your reference . Please contact me or Ted if you air any questions . Thanh ►oto very much. K V n sure f i Ar4 Pv7f ose 4a e VarAW tfn Qp S We VACAW pqp I 1 ° 1�6 � n SL di , F OP ,aIri ' Lh r � f k F 40 IF ;* �* fr a • W 44 t+• i � k t ► 4L t • FOR DEPARTYMTT USE ONLY SHEEN' 3 OF 3 SHEETS COMMENTS FROM CITY DEPARTMENTS. (Please use back of sheet if needed for completion of Cmmnt ; and/or restrictions. ) PUBLIC WORKS DIRECTOR: r . Initial IS THE AREA NEEDED BY THE CITY FOR PRESENT OR PR ECTED OVERALL-- • CIRCULATION? HOW WOULD THE LOS F THISGi'" —Off'-- ECT OVE11RUALL TRAFFIC CIRCULATION? CITY POLICE DEPARTMENT: roti ;l HOW WILL THE LOSS OF THE AREA TO THE CITY AFE DELIVERY OF FIRE, LAW ENFORCEMENT r MEDI ObirE OTHER EMERGENCY SERVICES? CES? r CITY FIRE DEPARTMENT AND EKERGENCY SERVICES: Initial HOW WILL THE LOSS OF THE AREA TO THE CITY AFFECT THE DELIVERY OF FIRE, LAW ENFORCEMENT, MEDICAL OR O'C'HER EMERGENCY SERVICES? A? CITY NATER SUPERVISOR: - Initial IS THE PROPERTY PR GENTLY USE FURr OR COULD EEDED y A UTILITY CO IDCR la CITY SSR &UPERSDR: Initial, IS THE PROPERTY PRESENTLY USED FU , R COULD E EEDED t A UTILITY C I D0 R ffia> 4- .- ""4zzA4nd= r AT-1. CITY DEPARTMENTS: Initial , • IS THE RIGHT.—OF—WAY NECESSAR AS A ' RA R ,,' A/bp COUNTS OF PR ATE UTILITY PU VEY R UGET POWER PACIFIC NORTEFWEST HELI PORT T WNSE. D TEL.ECAB E .__-- PORT TOWNSIENDo WASHINGTON 95368 �f �.. rt Port Townsend PlanningComTniSsion CITY OF PORT TOW [S ND FINDINGS OF.FACT AND .CONCLUSIONS OF THE PLANNING MMMISSION Date: O ,:�ber 27 , 8 a Re: Street Vacation pp . 8809-02 , James Harris and Eileen Simon cation including c-n - i to i n spec i-,) `l of he property, and a+w �� ' n ins of F t 1 . The apps'cad.•d s e qui s t vacation of that portion of platted but uno +tined Wilson Street extencling frons plane Discovery Bay Road north to platted and unopened 20th Street. The portic)n e vacated consists of the entire 60 foot width of the Wilson Street rt--o -way. The Z 1 i : & own U111 :Qper til abutting both •.:.�chir toz the arts- o of A zoo Street jaroposed to i re %racated. The app .:-a oz- e' er t consists of Lots 8 of Block 85, and Lots 3 and 4 of Block61 , EisenbeisAddition.* The portion of Wiizon Street proposed to be vacated runs between Blocks 85 and . 3 . There is a ser.-Ter lire in she portion of Wilson Street proposed to be vacated i ch connects the applicants ' property to E 3 M zr"r� n u 11 on f+en a C4traa+ . �Lr J'y. `- ??? �1i+�Y 2 � I �, 1 �a•r�...1 y.l �.+�� �y+� ,�.N�R..+ E.�`r Y�rt 1.++�tir"... �rti '� � �i��,/ k~ ir ,,,F c *..f and r raw 1 ire al a r". 0110110100 ' f � utility eaz i i ;.. should he street be vacated. rt- .,r`z a i•..+ti..a r `-.-q u e ns t t •v w.r y/r e..r " fY �•..r�r r+�.� 4•r OMA t.+4' ConclusioznsI . The prc.,posec' stranst sracation is in r } and pollinims the Comprehensive Plan. .* The Portion of Wilson n a .' s k i to b eacct d is not required fo r current or anticipated overa . area circulation. Ak Planning Commission Page . The effectiveness of fire, law enforcement, medical or other emergency ser is s will not be impaired by the proposed vacation. . The portion of Wilson Street proposed to be vacated i s not required as a current or anticipated bicycle, pedestrian or equestrian tram. corridor. . The portion of Street proposed to be vacated does not abut on a body of salt or fresh water. . 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 of the Port Townsend Municipal Code, the Port Townsend Plallllilng Commission recommends that the above referenced application be GATED As CONDITIONED: 1 . A 12 foot utility easement for the existing sewer line in Wilson on Street shall be retained. . A certified copy of the ordinance vacating the street shall be recorded by the city clerk in the office of the Jefferson County auditor upon receipt by the city of all fees and compensation required ( 12 . 20 . 120 Fort Townsend nd 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 Fort Townsend Planninig omin i s i o ri, a e ' ve ''"3aki s, Chr.. , viewl jmi t tee r