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CITY CIF PORT TOWNSIEND
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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.
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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.
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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.
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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.
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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.
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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.
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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 .
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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 ..
Alice King i
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NAME [please print] ADDRESS Do you wish to '
present testimony .
YES N.0
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