HomeMy WebLinkAbout01-003RESOLUTION NO. 01-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND REFERRING THE GAINES STREET PUMP STATION
SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO. LUP 00-081
TO THE PORT TOWNSEND HEARING EXAMINER IN ACCORDANCE
WITH PTMC 20.01.045
WHEREAS, on December 7, 2000, the City of Port Townsend Public Works
Department submitted an application for the construction of a replacement sewer lift
station, controls and generator building, valve vault and force main on the shoreline of
Port Townsend Bay near the intersection of Water Street and Gaines Street. On
December 29, 2000, the Building and Community Development Department deemed the
application complete for the purposes of processing the application; and
WHEREAS, the City's Building and Community Development (BCD)
Department has determined that the Gaines Street Pump Station project constitutes a
"substantial development," reviewable under the Washington State Shoreline
Management Act, Chapter 90.58 RCW; and
WHEREAS, Section 20.01.045 of the Port Townsend Municipal Code (PTMC)
authorizes the City Council to refer "Type III" permit applications to the hearing
examiner where the Council finds that the application may involve potential appearance
of fairness concerns for involvement of the Council and/or Planning Commission, and/or
when the Council finds any particular application to involve complex legal, factual and
planning issues, necessitating special expertise in the decision maker; and
WHEREAS, the City Council hereby finds that the Gaines Street Pump Station
application LUP 00-081 involves legal, factual and planning issues pertaining to the
Shoreline Management Act, which issues are best resolved by a hearing examiner as an
independent and final decision maker; and
WHEREAS, the decision to refer any application to the examiner in accordance
with Chapter 20.01 PTMC is exclusively within the discretion of the City Council. The
Council hereby finds that referring this application to the examiner as the final decision
maker best serves the goals and policies of the City to provide and ensure substantial
procedural and substantive due process rights for all potential parties,
NOW THEREFORE, BE IT RESOLVED, by the City Council for the City of
Port Townsend as follows:
In accordance with PTMC 20.01.045, the Council refers the Gaines Street
Pump Station application LUP 00-081 to the heating examiner in accordance
with PTMC 20.01.045.
Resolution 01-003
o
This Resolution shall not be construed by any party as any admission by the
City Council or the City of Port Townsend of any appearance of fairness
concerns with respect to any permit application described herein, the
admission of which is expressly denied. Further, this resolution shall not be
construed by any party as any decision or comment by the City Council or the
City of Prot Townsend regarding the merits or issues involved in any permit
application described herein. It is the Council's express intention that such
permit applications shall be reviewed and decided in accordance with all
applicable plans, policies, ordinances and laws.
ADOPTED by the City Council of the City of Port Townsend at a regular
meeting thereof, held this 16th day of February 2001.
Geoff Masci, Mayor
Attest:
Approved as to form:
pamela Kolacy, CMC~~'~
City Clerk
John Watts
City Attorney
2 Resolution 01-003