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HomeMy WebLinkAbout98-080Resolution No. 98-080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REFERRING THE WATERMAN & KATZ SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION, LUP 98-00043, 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, the City's Building and Development Department (BCD) has determined that the Waterman & Katz renovation project constitutes a "substantial development," reviewable under the Washington State Shoreline Management Act, Chapter 90.58 RCW; and WHEREAS, the property owner ("applicant") submitted an application for a shoreline substantial development permit, LUP 98-00043, on June 1, 1998. The application is pending a determination of completeness by the BCD Department; 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 Waterman & Katz application, LUP 98-00043, may raise potential appearance of fairness concerns, given the fact that ex pane contacts between interested parties and the City Council and Planning Commission will be difficult if not impossible to avoid; and given the predisposition of project opponents to voice their opposition to this project during the public comment period of regular City Council meetings (when the applicant is not in attendance). Further, this application 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, 1 Res. 98-080 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 Waterman & Katz application, LUP 98-00043, 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. 3. 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. Juli~/~icCull°Ch, Mayor Attest: Pam Kolacy, City Clerk~ [98- ] CA§tlm\res{wlchrgex.doc} Approved as to Form: 2 Res. 98-080