HomeMy WebLinkAbout97-084Resolution No. 97- ~7,~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
APPROVING AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF
PUBLIC RESTROOMS AND SHORELINE ACCESS DECK AND EASEMENT (THE
SURF RESTAURANT)
The City Council of the City of Port Townsend, Washington, resolves as follows:
WItEREAS, the Surf Restaurant applied for and obtained from the City a Shoreline
Conditional Use Permit (CUP), CUP9506-08. The CUP was granted to allow the Surf to
expand its restaurant deck into the public shoreline environment as designated in the City's
Shoreline Master Program pursuant to the Shoreline Management Act, Chapter 90.58 RCW.
In its permit application, the Surf also proposed construction of public restrooms to serve
restaurant customers and members of the public using Union Wharf; and
WHEREAS, the CUP was issued subject to conditions. Condition number 1 required
the Surf to enter into a "binding agreement" with the City to guarantee public access to the
public walkway portion of the expanded deck. The agreement was to contain provisions
regarding the hours of operation for the public's use of the restrooms and a maintenance
schedule for the restrooms. Condition number 2 required public access signs to be placed and
maintained on the public access walkway connecting the deck extension to the newly
reconstructed Union Wharf, as well as signs for the public restrooms; and
WHEREAS, the City has issued the Surf a building permit, #BLD96-00064, for the
expanded deck construction. In accordance with the CUP, final inspection and occupancy was
not to occur until the Surf signed an agreement in compliance with CUP conditions 1 and 2;
and
WHEREAS, the Surf has completed its deck extension work, although the public
access portion of the deck has been delayed. The Surf commenced construction of the
restrooms in March/April, 1997 and proposes to complete the restrooms as well as the public
access walkway improvements by June 30, 1997. The Surf and representatives of the City
have negotiated to revise the hours of operation for the restrooms, as set forth in the CUP, to
be consistent with the hours of operation of the Surf Restaurant and to ensure security and
cleanliness for the restrooms. The Surf has applied for an amendment to the Shoreline
Conditional Use permit to seek City approval of the revised hours of operation; and
WHEREAS, the Hastings Estate Company, the owners of the Hastings building (the
lessors of the Surf Restaurant space) have participated in the agreement to guarantee public
access to the restrooms and the public access portion of the deck, and have signed a
"Dedication of Public Access Easement" for the public deck area. The deck and restrooms will
provid6 a substantial amenity to the property owners, the restaurant and the public, enhancing
public enjoyment of the waterfront, including the newly reconstructed Union Wharf,
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port
Townsend that the City Council hereby approves the attached Agreement and Easement and
directs the Mayor to sign the Agreement in substantially the form attached hereto; provided,
however, that the City Council's approval of this Resolution and Agreement shall not be
construed as approval of the amendment to the Conditional Use Permit, pending in accordance
with paragraph 2.3.1 of the Agreement. The CUP amendment application shall be processed
and reviewed in the ordinary course through the City's quasi-judicial land use permitting
authority.
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor
on this 7th day of July, 1997.
Julie .~lVlcCulloch, Mayor
Attest:
Pam Kolacy, City Cle~rk
7/1/97 [97.15] Res{Surf-res.doc}
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