HomeMy WebLinkAbout98-081Resolution No. 98-081
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
REFERRING THE CANNERY SUBSTANTIAL DEVELOPMENT/CUP/ESA PERMIT
APPLICATION, LUP 98-03, TO THE PORT TOWNSEND HEARING EXAMINER
IN ACCORDANCE WITH PTMC 20.01.045
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WHEREAS, on February 4, 1998 the owner of the historic "cannery" building, situated
on Quincy Street, adjacent to the Quincy Dock, submitted an application for a shoreline substantial
development permit, conditional use permit, and environmentally sensitive permit, LUP 98-03,
seeking to renovate the "cannery" building. On April 21, 1998, the BCD Department deemed the
cannery application complete for the purposes of processing the applications; and
WHEREAS, the City's Building and Development Department (BCD) has determined that
the "cannery" renovation project constitutes a "substantial development," reviewable under the
Washington State Shoreline Management Act, Chapter 90.58 RCW, also requiring conditional use
and ESA review; and
WHEREAS, on June 15, 1998, at its regularly scheduled meeting, by Ordinance No.
2650 and Ordinance No. 2651, the City Council amended the City's land use permit application
procedural codes to enable the City Council to refer "Type III" permit applications to the hearing
examiner. Pursuant to amended Chapter 20.01 PTMC, the Council is authorized to refer "Type
llI' applications to the 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 cannery application, No. 98-03,
involves complex legal, factual and planning issues pertaining to the Shoreline Management Act,
which issues are best resolved by a hearing examiner; 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,
Res. 98-081
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port
Townsend as follows:
1. In accordance with PTMC 20.01.045, the Council refers the cannery application,
LUP 98-03, to the hearing examiner in accordance with PTMC 20.01.045.
2. This Resolution shall have force and effect upon the effect dates of Ordinance No.
2650 and Ordinance No. 2651.
4. 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 Port 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 and signed by the Mayor
on this 15th day of June, 1998.
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Attest:
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Pam Kolacy, City Clerk~'
M~an, City Attorney
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Res. 98-081