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HomeMy WebLinkAbout120888 Min t �r POINT TO NS N09 WABHINGTON 98368 r Port Tow send PlannM* g Co -6inission r CITY CIF PORT TOWNSIEND 4 MINUTES OF DECEMBER 8, 1988 I. Opening Business and Roll Call. Chfirman Carman called the meeting to order at 7:40 p.m. Members present were lion Losec, Bob Grimm, Karen Erickson, Dan Hoglund, and Lois Sherwood. Chairman Carman declared a► quorum. Also present were City Planner Michael Hildt and Asst, Planner Kevin O'Neill. Mr. Grimm moved to approve the minutes of November 10, 1988 as distributed. fir. Hoglund seconded and the motion passed 5-0. Il. Communications a. A letter from William and Marcel Miller re u sting a postponement of the hearing on Conditional Use Application No. 8810-02 until January 26, + 1989. lir. Losec moved to postpone the hearing until the requested date. FIs. Sherwood seconded and the motion passed 5-0. b, A letter from Jim and Carolyn Mathias requesting that the hearing on Variance Application No. 8811-03 be rescheduled to Januar} 12, 1989. Mr. Grimm moved to reschedule the hearing for that date. Ms. Sherwood seconded and the notion passed 5-0. C. A letter from the Office of Archaeology and Historic Preservation regarding Street Vacation Application No. 8810- 3 by Sonya Miller. d. A letter from City Attorney Keith Harper suggesting that a hearing on John Sudlow's remanded Short Plat Application No. 8802-01 be scheduled for the next regular meeting of the Planning Commission. Mr. Grimm moved to schedule the hearing for December 2 , 1988. Mr. Kosec seconded. Mr. Grine panted to clarify that the rescheduling of a hearing on the short plat application was a required procedure, and in no way constituted retribution for lir, Sudlo 's objecting to the Commission's decision. r 7 5 3 Mr. Hildt said that since the court -took exception to two conditlons placed on the approval of the application, it is necessary for the Planning Commission to conduct a hearing in order to revise their findings and conclusions and give a final decision on the Preliminary plat. He said that although the issue of public purpose versus privaite right Is a controversial one, he knew of no feelings on the part of any parties concerned other than that of respect. The Commission voted on the motion to schedule the hearing for December 29th, and it passed 5-0. 111. old Business a. Request of William Grace for an amendment to the Property Use and Development agreement on Townsend Meadows PUD, Application No. 587-01. Chairman Carman excused himself on the ground' of a possible conflict interest. Mr. Ksec took over as acting chairman: Patti Sullivan wanted to know what constituted an "access easement" into a through lot, Chairman Carman said that a through lot was accessible from both sides. On such a lot, a legal address could be taken off of a twenty 20 foot access easement. Mr. Hildt outlined the requested amendments. The charges involve timing of construction, size of increments, and who pays for a grater line r As the request involves es .making the initial phase of the development smaller, he reminded Commission members that if projects are not built in large enough increments, residents can be left living in ars incomplete construction site. He outlined policy choices available to the Commission. He ex lalned that City Attorney Keith Harper advised that the Commission was faced with two decisions: a threshold decision as to whether the proposed .changes in the agreement are substantial, necessitating a public hearing, and if not, then a recommendation on the request. The Commission needs to consider the purpose of a planned unit development, and whether the project continues to meet the criteria, one of which is that it be carried out according to a 11reasonable constructs n schedule". This is a judgement call on the part of the Commission. There is no justification for the City's financial participation in extending the 8 inch water lime to serge the project. The extension could be delayed until phase 2, allowing phase one construction to tap on the existing 4 inch main. It will cost about $10,000 to extend the 8 inch .main. He explained that the omits will be built in increments of seven buildings, taping fire or six phases to complete the project. For the convenience of residents, it .night be desirable to have the road work dome in fearer phases. If Commission members agree, they could snake this a condition in the reprised Property Use and Development agreement. • 0 1 * 1 Mr. Grimm asked who would write the terms of the requested escrow agreement. Mr. Hildt said that Keith Harper, the City Attorney, would do so. Jack Vincent, representing Mr. Grace, said that escrow arrangements were commonly done. He said that the project was not being substantially charged. The request was to be allowed to construct it in phases, permitting therm to get financing. He could not spear for Mr. Grace in regard to the eight inch main being the sole responsibility of the de eloper, but felt since this mould be in the future, the cost might be easier to absorb at that time. He thought it premature to consider road construction at this time. This could be looked at, during approval of the second phase. Mr. Hildt said that each phase is approved separately. The next step would be final plat approval on the first phase. Acting Chairman K sec mentioned that at the initial hearing there had been some testimony on the project's effect on wild life in the area. Mr. Grimm said that it was unfortunate that the developer couldn't get ` financing on the first phase as originally proposed. However, the changes did not seem to be substantial. Ms. Sherwood moved that the proposed changes be considered insubstantial and not necessitating a public hearing. Mr. Hoglund seconded and the notion passed 5-0. The Commission considered whether to include a condition regarding the heavy road work. Mr. Grimm asked if there was anything in the agreement that mould prevent co est uction in increments smaller than seven units. 'There didn't appear to be anything, other than the fact that the proponent has to return to the Commission for approval of each phase. He thought a condition regarding road work coup be part of the approval of the second phase. Mr. Hildt suggested that occupancy could be permitted up to a certain level? at which point certain amenities would be required. Condition #18 addresses this point and covers utility services. He suggested that road bed construction and drainage be added to this condition. Ms. Erickson asked why these aspects of the development had not been dealt with at the time of the previous approval. Mr. Hildt said that at that time it was thought there would be a single final plat. The Commission is noir looking at phased Mats. 3 t Mr. Grimm moved to accept the staff's recommendation with respect to the requested changes, with the addition of road brads to condition #1 . Mr. Hildt clarified for Mr. Vincent's benefit, that, the 8 inch main referred to in condition 3a► is within the site as shown on the plot plan. lir. Hoglund seconded the motion, and It passed 6-0. b. Application No. 10-03 Sondra Miller Street Vacation The hearing had been continued from November lo, 1988. Chairman Carman rejoined the Commission. Mr. O'Neill eill informed the Commission that the City Council has elected not to extend access through to Hendricks, but to leave the T-shaped turn around. Several department Meads continue to oppose the vacation. The public testimony portion of the hearing was r'0>-opened. Sonya Miller directed the attention of the Commission to the letter from the Historic preservation Commission. She reviewed the history of her request, emphasizing ing t rat she had been told when she gave property to the City for the turn--around, that this arrangement would be sufficient. She thought the road, if constructed, would be illegal as it would pass within three feet of the house. Joshua sage, who is purchasing the property, said the bank would not approve the loam until the alley had been vacated.. He was not opposed to a utility easement, but did want assurance that a road mould not be pint through. He said that the neighbors felt the T-shaped tura around was adequate. Lana Wiles, a neighbor to the south, said she did not oppose the vacation provided the interior lot lines were vacated at the same time. Dan Fountain said that he had no objection to the request. He feels the street has adversely affected his property,, and does not feel he was treated fairy by the City. The public testimony portion of the hearing was closed. Chairman Carman read the letter from the Historic Preservation Commission into the record. it did not take a stand on the request, but did point out the historical importance of the house. Committee Report: fir. Hoglund said he didn't see homy the Commission . could recornrnend in favor of the request as long -as several department Meads opposed the vacation, Mr. Grimm asked homer the portion of the alley located on the Miller property would help ernergency vehicles tura around. a. •... _ Chairman Carman said it wouldn't unless it were put through. Mr. Sage asked about the right-of-way exiting elsewhere. Mr. Hildt said that the City Council had decided not to bring the road out to Sheridan or Hendricks. The opposition of the department heads indicates they are being cautious about giving up right-of-way. It is not Inconsistent f or the City o Dish to retain the right--of-way, though it may never be developed. Ms. Miller asked about the legality of constructing a road on the right-of -way. Chairman Carmah said that the City had the right to keep the right-of -way if it chose to do so. The right-of-way carne before the house. Mr. Grimm said it seemed as if the applicant was trying to be flexible, however, the department heads were not. Mr.. Hoglund said the presence of the department heads concerned would have been helpful in providing more detailed information. Chairman Carman said that such information could be made available to the City Council. He pointed out that Lots to & ll were the only landlocked lets, and could conceivably access off the tura around. He suggested several conditions to address the concerns of the department heads: 1. The interior lot lines of 6. 717 83 ; lo, & ll would be vacated. This should help deal with the concern about area circulation. 2. A fifteen foot easement for utilities and emergency service would be granted through these lots in an alignment that would allow the provision of the utilities through to 27th St. He suggested locating this easement northeast of the present right-of-way. Mr. Grimm clarified that the arrangement would be creating a new 15 foot corridor. Chairman Carman said that the exact location of the easement should be decided upon prior to the granting of the vacation. It would need to align with the alley on the south and 27th St. on the north. Mr. Sage said that the bank would not loan money if there was ars easement. Chairman Carman said the difficulty was probably the fact that the right -of-moray ran through the shop. An easement elsewhere would most likely not be a problem. r Mr. Sage preferred to locate the proposed easement to the unrest of the present right-of-way because of obstructions. Chairman an Carman said the location of the easement should be ne oti ted between the department Meads and the property owner. I Mr. Hildt said the Citi, Council hearing had been scheduled for January 3, 1989. Mr. Sage said he would try to work out a cornpr rnise with the department heads before hand. Mr. Hoglund moved ed to recommend approval of the request as conditioned, with findings of fagot and conclusions as presented in draft A. Condition #2 will read: "'The interior lot limes confined by Lots 6, 71t , 91 to & ll will be vacated." Condition #3 will read: "A fifteen foot easement for utility and emergency services will be granted through the biller property in an alignment that would allow the provision of utility services through to 27th St. The alignment will be agreed upon by the Public Works Dept., Emergency Services,, and Utility department heads and the property owner." Mr. Grimm seconded and the motion passu. 6-0. d. Workshop session on parking for uses in buildings constructed prior to 1971 The Commission decided to postpone this workshop until December 29, 1988. e. Application No. 8807-04 William Axe burn Rezone The amended application was scheduled for- January 12, 1989. The committee will be Ms. Sherwood and Mr. Hoglund. IV. New Business a. Request by Robert Pittenger to amend the zoning code to allow a stand-alone barn to be constructed in the -IA zoning district The hearing was scheduled for January 12, 1989. The committee will be Mr. Kosec and M s. Sherwood. b. Application No. 8812-001 Paul Stern Variance The bearing was scheduled for January 26, 1989. The committee will be Ms. Erickson and Mr. ' a rnal i . doe x t C. Application No. 12--02 Jef Person County Street Vacation The hear in ras scheduled for January 26, 1989. The committee will be Mr. Hoglund and Ms. Erickson. V. Announcements The next meeting will be December 29, 1988. The Commission will hear Application leo. 8802-01 by John Sudlow for a short plat, Application No. 8811-02 by Vardon 'Tremain for a variance, possibly Application No. 8804-02 y James Daubenberger for a short plat,, and will hold a workshop session on parking. VI. Adjournment The meeting was adjourned 10:15 r m r .. 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