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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