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HomeMy WebLinkAbout10/02/1990 31, MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990 The City Council of the City of Port Townsend met in regular session this Second day of October 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL I Councilmembers present at Roll Call were Jean Camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PRIORITY ITEMS ORDINANCE NO 2209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPÀ,L SUM OF $535,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE THE CITY'S PURCHASE OF CERTAIN EQUIPMENT AND CERTAIN IMPROVEMENTS TO THE CARNEGIE LIBRARY; PROVIDING THE DATE, FORM:, TERMS AND MATURITIES OF SAID BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF SUCH BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AND PROVIDING FOR THE SALE THEREOF'. I James Hattori, Seattle Northwest Securities Corporation, was introduced and explained the offer to purchase the bonds. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember ClisE~ and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2209 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. I Secondary Sewer Treatment Public Hearings. Mr Wheele~r explained the process that is being followed, that construction has to start by December 1, 1990, under the Department of Ecology schedule and that this is a hearing for the Shoreline Substantial Development and Shoreline Conditional Use Permits, Conditional Use Permit Application No 8903-05 and Variance Application No 90108-02. Dave Peterson, CH2M Hill, was introduced and gave a brief project description. Tom Walsh, a special counsel attorney with Foster Pepper & Sheffelman to advise on the land use permits and process for this project was introduced and explained the permits that are being considered. Mayor Shirley opened the hearing to the Public. Lowell Bogart, a member of the Shorelines Advisory Co~mission but speaking for himself, was recognized and listed items not considered by the Shorelines Advisory commission for th~~ Shorelines Permit. Francesca Knowles was recognized and requested that the Shorelines Permit be remanded back to the Shorelines Advisory Commission for review. Waring Fitch was recognized and stated concerns for the traffic to be generated on Kuhn Street because of its narrow width and no sidewalks. Bob Pittinger was recognized and requested maintenance of the streets in the North Beach area. Andy Griffith was recognized and objected to the variéince because he understood that it would take ten feet away from t:he roadway. Barbara Bogart was recognized and listed discrepancies between meetings of the Shoreline Advisory Commission, the Port Townsend Planning Commission and the findings of fact and conclusions being considered at this meeting. Earl Fisher was recognized and stated that the variance would further degrade the neighborhood and should be denied. Ron McElroy was recognized and spoke against the "-, 32 MINUTES OF THE REGULAR SESSION OF OCTOBER :!, 1990, Cont. variance requests stating that the final defÜgn has not been formalized and that there is potential for a smaller facility that could be redesigned to fit on the site. Dyrk Lansdon was recognized and commented that the variance allows a larger treatment plant than what will fit in the prc>posed site. Greg Knowles was recognized and opposed the variance saying that the property has no specific topographical d:.fference to the surrounding property that would require a varÌi:mce. Fred Martin was recognized and presented a letter he received from the Assessor's Office stating that his property would be devalued because of the sewer plant, he further stated that his quality of life has been jeopardized by the odor of the plc,nt. Mark Beaufait was recognized and spoke stating that he is not opposed to a treatment plant on Kuhn Street but is opposed to an oversized, over trafficked malodorous plant, requesting that the plant not accept septage or Cape George, referring to a petition signed by 533 citizens earlier copied for the Council. Brad Hillis was recognized and requested that any information known by the Council and not the public be disclosed at this meeting. There being none offered, Mr Walsh advised that the hearing proceed. Mr Hillis objected to the use of Kuhn Street by septage trucks, the lack of an environmental impact statement, and no landscaping plans. Bill Nelson was recognized and stated that he is ~~ainst an expanded treatment plant but not against a secondary t::-eatment plant and against the variance. Mary Fitch was recognized and spoke against a large treatment plant, against the variancE! and in favor of starting allover. She presented the Council '~ith a list of the residents of Kuhn and Landes Streets. Ron McElroy was again recognized and stated that at the present time he has a water view and that when the plant is built, he will no longer have a water view and that everyone should visit the Shelton ~~reatment Plant and see how ugly this plant will be. There being no further comment, Mayor Shirley closed the hearing to the Public. Mr Walsh explained each of the documents and procedure to be followl~d and reviewed the Shoreline Substantial Use Permit. During a very lengthy discussion, Councilmember Westerman made a motion that Finding 15 on page 4 of the Shorelines Permit be changed to "the amount of truck traffic will be significantly greater" wh:.ch was seconded by Councilmember Clise and passed unanimously by voice vote. After further discussion, Councilmember McCulloch maà.e a motion to drop the word "significantly" from the previous motion which was seconded by Councilmember Owsley and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Westerman voting against the motion. Councilmember Camfield made a motion that Condition 15 on page 12 reflect a plan for Kuhn Street that is acceptable to the neighborhood and the City Council to be in place at the time of the opening of the plant which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember Owlsey made a motion that t~he Council approve the Shorelines Substantial Development Permit which was seconded by Councilmember Jones. Mayor Shirley opened th,:! discussion to the Public for new information. Mark Beaufait ýras recognized and stated that it is his understanding that there is nothing that states that septage and Cape George must be accepted in the plant per the Department of Ecology. Barbara Bogart was recognized and recommended that the street be improved to thl:! standards in the proposed street ordinance, and questioned the cost of the plant without septage and Cape George. Kathryn Jenks was recognized and noted that a large development on San Juan will be under construction at the same time as the treatml~nt plant and the traffic will be impacted by both. She reque¡:.ted that when the landscaping around the wetlands is done, that, the Native Plant Society's offer to revegetate with native plant, species be taken. She also requested that the City impose él voluntary sewer moratorium and not vote on this until septage and Cape George can be removed from the plant. Bill Nelson was recognized and stated that Cook Avenue and San Juan Avenue will be impacted by this project and that septage and Cape George should :be removed from the I I I I I I 33 MINUTES OF THE REGULAR SESS ION OF OCTOBER 2, 1990 I' Cont. project. Brad Hillis was recognized and stated that in Seattle, the Department of Ecology did impose fines that were th.rown out in court and did not impose a sewer moratorium. Chuck Henry was recognized and stated that if the findings of fact do not truly reflect what is influencing the Council's decision and that the condi tional use is not one that would be granted to another applicant, the findings should be rewritten to reflect t:his. Bjorn Lunde was recognized and stated that the projections. of future sewage use should take into consideration the possibilities for conservation. Milton Foss, representing the Concerned Citizens of Cape George, was recognized and stated that he had spoken to Don Stafford, of Cramer, Chin and Mayo, who had confirmed that there is no history of the "step system" going to a sewer plalJ1t. Joshua Sage was recognized and stated his frustration with this project. During discussion, it was affirmed that the Department. of Ecology has approved the septage and Cape George in the plans, and the cost to delete septage and Cape George could increase the plant cost. Councilmember Westerman made a motion to amend the main motion to delete the final sentence of #12 on page 4 which was seconded by Councilmember Camfield. During discussion, Councilmlember Clise made a motion to amend the main motion to delete all re!ferences to accepting septage and Cape George effluent except page 4 item 12 which was seconded by Councilmember Jones and passed unanimously by voice vote. After discussion, Councilmember Westerman withdrew her motion. Councilmember McCulloch made a motion to amend the main motion changing "Jefferson County Planning and Building Department" to "City Planning and Building Department and city Parks Department" on page 11 item 7 which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Westerman made a motion to amend the main motion that "all areas disturbed during construction shall be reveçretated with native plant species" on page 10 item 1 which was seconded by Councilmember Jones and passed unanimously by voice vote. The main motion to adopt the following findings, conclusions and conditions and approve the Shoreline Substantial Development Permi't as amended passed with six Councilmembers voting in the affirmative and Councilmember Westerman voting against the motion. Findings: 1. The proposed project is to upgrade the city"s existing wastewater treatment plant in order to providl;:! secondary sewage treatment. Primary sewage treatment is the first stage of wastewater treatment and includes settling, screening and disinfection of wastewater. Primary treatment re!moves about 60% of the suspended solids from the wastewater. Secondary sewage treatment is biological treatment of the wastewater after the primary treatment. Secondary treatment uses bacteria to consume organic waste. Secondary treatment removes about 85-90% of the suspended solids ,and organic material from the wastewater. 2. The existing primary wastewater treatment plant was constructed in 1967. The existing plant processes consist of influent pumping, comminution, gri t removal, primary clarifiers with integral sludge digestion, and disinfection with chlorine. Primary effluent from the plant is discharged through an outfall to the strait of Juan de Fuca. 3. In 1976, the City prepared a Wastewater Facilities Plan pursuant to section 201 of the Federal Water Pollu1:ion Control Act Amendments of 1972. In the Plan, the City analyzed land use, economic and population trends in the planning area for a 20-year planning period. The City reviewed a full spectrum of waste management techniques and conducted public hearings and detailed review on nine al ternati ves for treatment and disposal. Following public review and comment, a final plan was selected on the basis of a ranking procedure comparing the 34 10. MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. alternatives. The 1976 Wastewater Facilities Plan was reviewed and approved by the state Department of Ecology (DOE). 4. The Federal Water Pollution Control Act Amendments of 1972 required that secondary treatment be pro'Tided at municipal wastewater plants by July 1977. In 1982 and 1983, the City prepared and submitted to the U S Environmental Protection Agency (EPA) and DOE an application for waiver of secondary treatment requirements (Application for Modification of Secondary Treatment Requirements for Disc:harge into Marine Waters), as allowed under section 301 (h) of the Act. EPA and DOE denied the waiver and are now requiring the City to upgrade its wastewater treatment plant to sE!condary treatment. Under threat of severe penalties includir~ civil fines and mandatory sewer moratoria, the City is obligated to follow a strict compliance schedule which requires the City to secure all necessary permits for the proposed plant by October 1990 and to complete construction and comply with secondary treatment standards by October 30, 1992. I 5. In 1987, pursuant to WAC 173-240-060, thE! city prepared an Engineering Report to upgrade the 1976 Wastewater Facilities Plan. The report updated the twenty-year population and sewer service projections. It also addressed él number of issues such as: a comparison of the costs of ~le oxidation ditch option versus a trickling filter/suspended growth option; and an analysis of infiltration/inflow and it::; effects on plant capaci ty. In this report, the City also studied sludge disposal and reuse alternatives, analyzed issues relating to the sewage outfall, and conducted a financj,al and rate impact analysis. The report was reviewed and approved by DOE. I 6. The proposed facility upgrade to secondary treatment will be accomplished through an oxidation ditch system. The major elements of this system include a new influent pump station, new headworks, two new oxidation ditches, two new 50-foot- diameter secondary clarifiers, sludge digestion, disinfection and discharge of effluent through the existing outfall. The existing control building will be replaced with a new control building containing the laboratory, aerobic digester blowers and sludge dewatering. The current plan is for sludge to be transported to the county landfill and used for landfill cover material. 7. The plant is designed to accommodate some growth in overall sewage volume. When operating at full capacity, the plant would be able to process approximately 1. ,! '2 million gallons per day (mgd) of sewage. 8. The project site is located on Kuhn Stree": between 52nd and 54th Streets. the site is legally describE!d at Blocks 20 and 21 of the California Addition to the City of Port Townsend within Section 34, Township 31 North, Range 1 West, W.M. 9. The City initially applied for a variance from the Jefferson County-Port Townsend Shoreline Management Master Program (SMP) to allow the City to excavate for footings and place backfill in the Chinese Gardens lagoon. However, the project was redesigned to move the plant to the west so that it would not be necessary to place footings or fill in the wetlands area. Therefore, the variance request has been withdrawn. I Notice of the application for shoreline pHrmits was made by publishing legal notices in the December 7 and 14, 1988, edi tions of the Port Townsend-Jefferson County Leader, posting the site of the proposed development with notices on January 11. I 12. 13. I 14. 15. I 16. 35' MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990" Cont. 6, 1989, and notifying by mail immediately adjacent property owners. The proposal has been reviewed in accordance with the state Environmental Policy Act (SEPA). The city issued an Environmental Checklist and Determination of Nonsignificance in November 1987. Subsequently, revisions were made to the plant design and additional information becamE~ available regarding the project's impacts. Therefore, in March 1990, the City issued an addendum to its Environmental Checklist and a Technical Memorandum containing additional environmental impact analysis. Following public review of these project revisions and additional environmental documents, the City received public comments which resulted in additional revisions to the project design. As a result of these changes, in August 1990, the City issued additional information to supplement its Environmental Checklist. The City Council has considered the concerns expressed by citizens regarding the proposal for the city to accept septage from Jefferson County and septic tank effluent from the Cape George Sewer District. Concern has been expressed regarding aesthetics, i.e., the appearance of the sewage treatment plant in a predominantly residential area adjacent to a lagoon and state park. Accordingly, a number of conditions are being imposed to soften the plant's appearance and make it more compatible with the surrounding area. See the conditions listed below. with these conditions, the plant should not unreasonably harm or intrude on the character of the surrounding area. Concern has also been expressed regarding the pot:ential odor impacts of a larger sewage treatment plant in a residential communi ty . In response, a number of conditions are being imposed to prevent the release of obnoxious odors in the community. See the condition on odor control listed below. wi th these conditions, it is anticipated that the odor impacts of the sewage treatment plant will be reduced below the odor impacts which exist today. There will be increased truck traffic to and from the plant and concern has been expressed that this traffic will create safety problems on Kuhn Street and its connecting streets. The amount of additional truck traffic will be çrreater than existing conditions. It is estimated that the plant will receive 10-15 septage trucks per week and there ~/ill be 5-10 sludge trucks per week leaving the site. There are currently 2-3 sludge trucks leaving the site per week. The City recognizes that any additional traffic, especially heavy trucks, can pose safety problems in the surrounding area. Therefore, a condition will be imposed to requirE~ additional study of potential safety impacts and the preparation of recommendations to be made to the City Council following this study. Other concerns have been expressed regarding the potential impacts of the project, such as noise, impacts on wildlife, and water runoff impacts on the adjacent lagoon. Each of these concerns has been addressed in the environmental documents and the conditions to be imposed on thE:! project. Conclusions: 1. The project site is located in the Conservancy designation of the SMP. Sewage treatment plants are permitted as conditional uses in the Conservancy designation. Shoreline substantial 36 MINUTES OF THE REGULAR SESSION OF OCTOBER :~, 1990, Cont. development and conditional use permits development of this project on this site. required for are 2. The SMP defines the Conservancy designation and states the policy regarding regulation in the Conserva,ncy designation as follows: Definition I An area with valuable natural, culblral, or historical resources or environmental condi tions that should be protected, conserved, and managed to the extent that a continual supply of those resources such as soil, water, timber, fish, shellfish, or wildlife are not degraded or depleted but are maintainE!d. Also included are areas containing sensitive environmental conditions that may limit the potential for development or use, incltlding but not limited to steep slopes, flood prone areas, eroding bluffs, marshes, bogs, swamps, and accretion shore forms. Low density residential and recreational uses are permitted provided these activities do not significantly degrade or deplete resources and respect limiting environmental condition. Policy To protect, conserve, and manage existing resources and valuable historical and cultural areas in order to ensure sustained resource stabilization and that sensitive natural condi tions are not subject to inappropriate uses. I SMP section 4.103. 3. The SMP defines "conditional uses" and stat.::!s the criteria for their consideration as follows: Definition Those uses that are deemed least preferable within the scope of the definition and policies of a particular shoreline environmental designation. While not prohibited outright, these uses are an exception to the general rule. A conditional use permit is int,ended to allow for flexibility and the exercise of judgement in the application of regula,tions in a manner consistent with the policies of the act and this Master Program. Requests for a variance from the uses allowed within a shoreline designation shall be evaluated as a conditional use subject to the criteria of this subsection, provided uses which are prohibited shall not be authorized. A change of use from a permitted use to a conditional use requires a conditional use permit. I criteria Applicants for shoreline conditional use permits shall have the burden of proof to demonstrate that they are in conformance with WAC 173-14-140, as amended, and aU of the following: 37 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990" Cont. I 1. That the proposed use is consistent with the policies of RCW 90.59.020 and the policies of the Master Program; That the proposed use will not interfere wi th the normal public use of public shorelines; That the proposed use of the site and design of the project is compatible wi t,h other permitted uses within the area; That the proposed use will not cause unreasonable adverse effects to the shoreline environment in which it is t,o be located; and That the public interest suffers no substantial detrimental effect. In those limited instances where a conditional use is proposed, consideration shall be given to the cumulative impact of addi tiona.l requests for similar actions in the area. 2. 3. 4. 5. Furthermore, the Shoreline Management requires that permits for variances conditional uses must be submitted to Washington state Department of Ecology Final approval. Act and the for In authorizing a condi tional use permi t~, special conditions may be required by Jefferson County, the City of Port Townsend, of the Washington State Department of Ecology t:o control or prevent adverse effects of a project or to further the policies of the Shoreline Management Act and this Master Program. I SMP Section 4.203. The SMP places sewage treatment plants in t~he category of "utilities" and establishes the following policies and performance standards for the review and approval of utilities: 4. 2. I 3. 4. Policies 1. Whenever utilities must be placed in a shoreline area, the location should be chosen to not obstruct or destroy scenic views. Wherever feasible, these facilities should be placed underground or designed to do minimal damage to the aesthetic qualities of the shoreline area. To an extent feasible, Jefferson Count:y and the City of Port Townsend should incorporate major utility corridors on shorelines into their programs and plans for public access to and along watHr bodies. utilities should be located to meet the needs of future populations in areas planned to accommodate this growth. Upon completion of installation and maintenance projects of shorelines, banks should be restored to pre-project configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. 38 MINUTES OF THE REGULAR SESSION OF OCTOBER ;~, 1990, Cont. 6. 7. 8. 9. 10. 11. 12. Performance Standards 1. utilities shall be installed adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. utilities shall be installed underground whenever feasible. utilities shall be designed and installed to meet future needs when possible. When feasible, utility corridors shall serve multiple uses such as shoreline access or recreational trails or pathways. utilities installed in the water, beach, or upon tidal areas shall assure that water quality and marine life uill not suffer degradation. Installation of utili ties shall a:::sure the prevention of siltation or beach erosion. Upon completion of installat~ion or maintenance projects, banks shall be restored to a suitable configuration and stability, replanted with native species, and provided with maintenance ca~e until the newly planted vegetat:Lon is established. utility discharges and outfalls shall be located, designed, constructed, and operated so degradation to water quality, marine life, and general shoreline ecosystems is kept to an absolute ::ninimum. Both during and after installation, utilities shall assure that geohfdraulic shore processes and marine life are basically maintained in their natural condition. utilities located in flood prone areas shall be provided with adequat,e flood protection and shall not be inst~lled to increase flood hazard or other d~mage to life or property. Flammable or toxic materials shall not-be stored in areas subject to flooding. utilities shall not be installed in areas subject to geological hazards, u~less it can clearly be demonstrated tt,at such hazards can be overcome. I 2. I 3. 4. 5. SMP section 5.200. The proposed project is consistent with the policies of the Shoreline Management Act includin:J the policies set forth at RCW 90.58.020. The project is consistent with the criteria of WAC 173-14-140 and SMP section 4.203 regarding conditional use permits, as follows: 5. a. b. The proposed project will not interfere with the normal public use of public shorelines. Public access to the Chinese Gardens lagoon will be provided on both sides of the project by means of public access trails for which signs will be posted on Kuhn Street. I The proposed project is compatible with other permitted uses within the area. The project will be screened by berms and landsca~ing, odors will be controlled, and mitigation meaSUI'es will keep noise at acceptable levels for a resid,:!ntial area. 39 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. I 6. I b. c. d. e. I f. c. The proposed project will not cause unreasonably adverse effects to the shoreline environment in which it is to be located. The existinÇJ vegetation will be retained to the maximum extent possible, at least two new trees will be planted for each one removed, and any disturbed vegetation adjacent to the water will be replanted with native vegetation. d. The public interest will suffer no substantial detrimental effect. The plant will provide more effective treatment of sewage and, as conditioned, the plant will not result in significant adverse impacts on the surrounding community. e. The City Council has considered th.:! potential cumulative impact of additional requests for like actions in the area. It is unlikely that there will be requests for other utility or similar facilities in the same area which would result in significant adverse cumulative impacts. If therE:! are other proposals, the City will review their cumulative impacts in relation to this proposal. The proposed project is consistent with the policies of the SMP, including the policies and performance standards for utilities at SMP 5.200: a. As designed and conditioned, the proposed project will not significantly obstruct or destroy scenic views and will do minimal damage to the aesthetic qualities of the shoreline area. The plant will be painted an unobtrusive color; landscaping, berming, and fencing will be designed to be att:ractive and blend into the surrounding area; and thE:! facilities will be screened from view wherever possible. A neighborhood committee and City departml:mts will be involved in the landscape design. Public access will be provided to Gardens lagoon as described above. .the Chinese The plant is designed and located in a manner that it will be able to meet the future needs of populations in the area. The plant is designed to accept some increase in the volume of sewage. Upon completion of the project, the banks of the adjacent lagoon will be restored to pre-project configuration, replanted with native species, and provided with maintenance care until the newly- planted vegetation is established. The project will be constructed at the site of the existing treatment plant, which is consistent with the SMP performance standard which encourages location of utili ties adjacent to or wi thin existing utility or circulation easements or riqhts-of-way. By improving the quality of the sewagE! discharged to the strait of Juan de Fuca, the proposed project will reduce degradation to water quality, marine life, and general shoreline ecosystems. Decision Based on the extensive testimony and written material in the record of this matter, and the foregoing findings and conclusions, the city Council hereby grants the shoreline substantial development 40 MINUTES OF THE REGULAR SESSION OF OCTOBER 2,1990, Cont. and conditional use permits for the proposed sE!condary wastewater treatment plant. This approval is subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Existing vegetation will be removed only as necessary for construction. At least two new trees shall be planted for each tree removed. All areas disturbed during construction shall be revegetated with native plant species upon completion of construction. The proponent shall revegetate disturbed wetland aro::!as with the native plant species which were removed. Erosion control measures shall be implemented to prevlmt soil erosion to be greatest extent practicable until rl:!planted vegetation is reestablished. I Temporary storm water control measure::; shall be employed during construction to prevent to the greatest extent practicable sedimentation of the Chirsse Gardens. The proponent shall implement the peI'manent storm water control plan prior to the operation of the new facility. This plan shall include an oil/water separator in all new parking areas. Security lighting shall be hooded, beamed, or directed so as not to cause glare on adjacent properties or the Chinese Gardens. Landscaping and berming shall be provided to screen the new facilities. The proponent shall plant and maintain a vegetative buffer between the Chinese Gardens and the chlorine contact basins and secondary clarifiers. Where space and topography permit, conifers shall be p.lanted. Otherwise, rhododendrons or other native shrubs shall be used. I Landscaping plans shall be reviewed by a neighborhood committee and approved by the City Planning and Building Department and the city Parks Department. Structures which can be seen from public rights-of-way or adjoining properties shall be pain1:ed green or earth- tone colors. The security fence shall be designed to have minimum visual impact and will be reviewed a::td approved by the Parks Commission. Access to the lagoon shall be provided at each end of the site. A Department of Ecology public access sign shall be placed at the intersection of the }~uhn, 52nd and 54th Streets rights-of-way. Odor control will be provided on preliminary treatment, headworks, and septage-receiving facilities. I Noise reduction enclosures will be included on oxidation ditch aerators. Digester blowers shall be located inside a building with acoustical louvers. Noise levels will be monitored after the startup of the treatment plant and additional noise reduction measures incorporated if needed. I I I 41 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. 15. The Public Works Department, with the assist~ance of the Planning Department, shall continue to study potential impacts regarding the additional truck traffic, and submi t recommendations to the City Council for mitigating any impacts of the additional truck traff ic . The Department shall make every effort ito develop recommendations which are acceptable to the affected area residents and shall submit its recommendations to the ci ty Council prior to completion of project ccmstruction. 16. The proponent shall furnish a written opinion from the ci ty Attorney indicating his opinion as to t~he legality of placing structures on the City right-of-way. Mr Walsh reviewed Conditional Use Permit No 8903-05. After discussion, Councilmember Owsley made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit No 8903-05 as follows which was seconded by Councilmember Camfield. Mr Hildt requested a recess to consult with Mr Walsh. RECESS Mayor Shirley declared a recess at 10: 55 PM. reconvened at 11:05 PM. The meeting was Mr Walsh reviewed the concerns of Mr Hildt with Council, after which Mayor Shirley reopened the hearing to the audiemce for any final comments. Barbara Bogart, Fred Martin and Ron l-lcElroy were recognized individually. Mayor Shirley then closed the hearing to ø'the audience. Councilmember Owsley made a motion that: Finding #4 f{\-IU tttftbe deleted which was seconded by Councilmember Jones and passed '&~o<l(.' unanimously by voice vote. Councilmember Owsley made a motion that fl "tJ _Finding #3 be ..QclsteQ- which was seconded by Councilmember Jones and 1If' passed unanimously by voice vote. It was noted that condition #4 should refer to Chapter 17.30. The main motion passed with six Councilmembers vot:ing in the affirmative and Councilmember Westerman voting against the motion. Findings: 1. The applicant proposes to expand and convert the City of Port Townsend's primary sewage treatment plant to a secondary treatment plant. The existing plant is located in Block 21, California Addition. The proposed expansion would include Block 21 and 20, California Addition, as well as 1:he portions of 52nd, 53rd, and 54th Streets extending east of Kuhn Street. Block 21 is located in the P-I zoning district, while Block 20 is located in the R-IA zoning district. Water and sewage treatment plants are permitted as a conditional use in the P- I and R-IA zoning districts. The subject property is bounded by Kuhn Street t~o the west, Block 30, California Addition, to the north, the Chinese Gardens pond and wetlands to the east, and Block 11, l" California Addition, to the south. The subject property is r; hI, ~ surrounded by single-family residential developmEmt and some ;" f'l'1""~tO' minor agricultural uses to the north, west, and south; the ~ (ø" Chinese Gardens have been purchased by the Washington State ~~ Parks Department and will be incorporated into Fort Worden State Park. 2. 4£: The Jefferson County/Port Townsend Shoreline Management Master Program requires that a shoreline substantial development permit be issued for the proposed project. The applicant has submitted an application for said permit, which was considered 42 ~ Y. 4. MINUTES OF THE REGULAR SESSION OF OCTOBER :2, 1990, Cont. by the Jefferson County/Port Townsend Sh::>reline Management Advisory Commission on February 15, 1989. The Commission moved to recommend to City Council approval of the application with certain conditions. At their meeting of January 5, 1988, the Port Townsend City Council issued a Determination of Nonsiçrnificance for the proposed project, after review of the enviI'onmental checklist submitted pursuant to the Washington S1:ate Environmental Policy Act. I The environmental checklist submitted by the applicant states that the facility would be staffed by two tQ three people, and that six parking spaces would be developed for the facility. Chapter 17.28.080 of the Port Townsend Muni~ipal Code does not provide parking requirements for the propo:>sed use. Parking demand would most likely be generated by st:aff and occasional visi tors to the site. The applicant al::.o states that the number of truck trips required to transpo~t sludge from the site would increase from two to three timeB a week to five to ten times a week, and that trips would occur between 8:00 AM and 5:00 PM. The applicant estimates that the facility would generate approximately twelve vehicular trips per day. Ingress and egress would be provided by two 22-foot wide driveways from Kuhn Street. Conclusions: 1. The proposed use of the subject property, developed under the conditions specified herein, will not endanger the public health or safety, nor will a nuisance be created. I 2. The proposed use will be required to meet all of the conditions and specifications set forth i:.1 the P-I and R-IA zones in which the property is located. 3. The proposed use, developed under the conditions specified herein, will not be injurious or detrimental to adjoining or abutting property. The location and character of the use, dl::!veloped under the conditions specified herein, will be in ha]~mony with the area in which it is located and will be in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the Port Townsend city Council grants the application as conditioned: 1. 2. 3. 4. 5. The applicant shall plant and maintain a landscaped buffer between the proposed facility and abutting properties to the north, west, and south. The landscape buffer shall be designed in such a way as to help minimj,ze odors from the proposed facility to abutting property ownHrs. A landscaping plan shall be submitted to and approved by City Council. Security lighting shall be hooded, beamed, or directed so as not to cause glare on adjacent properties. I Truck traffic generated by the proposed facility shall be restricted to the hours between 8:00 AM ar.d 5:00 PM. No less than four off-street parking spaces, developed in accordance with Chapter 17.30 of the .Port Townsend Municipal Code, shall be provided for the proposed facility. It is understood that the Uniform Buildin3 Code and Uniform Fire Code apply and must be met prior to cccupancy. I I I 43 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. ",,{é'6. If a building permit or occupancy permit is not obtained for ~\ I"U, - "'us the subject project wi thin one year of the date of the -ei:ty ':tJ"~f ~ 'Cu....Hsil' 6 decision, ftet iI::mlu.àinEjJ àclayo oaY.~od by apþcalo,' j ~~ litiEjJatieH, or ð~he~ ca~ÐO~ bgYORà thc City'o control, the ,~ conditional use permit shall be cancelled and automatically become null and void. Mr Walsh reviewed variance Application No 9008-02 which includes 4 variances: a lot coverage variance, a setback variance on the south, a setback variance on the north and a setback variance on Kuhn Street. Councilmember Camfield made a motion that the Council adopt the following findings, conclusions and conditions and approve Variance Application No 9008-02 which was seconded by Councilmember Jones. During discussion, Councilmember Camfield made a motion to amend the motion that the Council chançre condition #2 with a period after the word "ditch" and con1:inue "Such plantings shall be of sufficient size to visually SCreE!n the ditch from Kuhn Street and residences to the west. . ." which \lras seconded by Councilmember Jones and passed unanimously by voice vote. Mayor Shirley opened the discussion to the Public for new information. Brad Hillis was recognized and stated that the dimension of the lot does not comply with the definition in the Port Townsend Municipal Code 17.08.275. Francesca Knowles was recognized and questioned the definition of the word "variance", pointed out that special privileges must be applicable to the property and not t~he project, and questioned what disparity and privilege this variance is intended to remedy. Barbara Bogart was recognized and questioned if the city can build into the street right-of-way, can the owner of adjacent property build into the 54th street. RECESS Mayor Shirley declared a recess at 11: 30 PM. reconvened at 11:37 PM. The meeting was Mr Walsh responded to the question by Mr Hillis re9arding the accuracy of lot coverage that it would be too time consuming to recalculate the figures at this time and that the simple solution would be to delete reference to a certain percentagE! as to lot coverage. He recommended that on the second page of findings and conclusions from "when the two halves of the project, are added together" the remainder of that portion be deleted down through the words "lot coverage calculation". Councilmember Clise made a motion to that effect which was seconded by Counci1member Owsley and passed unanimously by voice vote. Regarding the dE!finition of variance, Mr Walsh stated that it is addressed in conclusion #2. Mr Walsh responded to Ms Bogart's question that a property owner does have the right to build into the street right-of-~lay that the property owner owns, but the City may control that. The motion to adopt the following findings, conclusions and conditions and approve the variance as amended passed with six co-ulncilmembers voting in the affirmative and Councilmember Westerman voting against the motion. Findings: 1. The City of Port Townsend proposes to construct a secondary wastewater treatment plant located on Kuhn Street, between 52nd and 54th Streets. The subject property is located on Lots 1-8 of Blocks 20 and 21 in the California Addition in both the R-IA (Block 20) and P-I (Block 21) zoninçr districts. Four zoning variances are requested; three setback variances and one lot coverage variance. 0 First, a variance is requested for a 5-foot and 10-foot setback from the frontage property line on Kuhn Street between 52nd street and 53rd Street. The requested setbacks will enable the 44 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. construction of the treatment plant clxidation ditch and secondary clarifiers. In the R-IA zoning district a 20-foot setback is I'equired, therefor a variance will be needed. 0 Two side setback variances are reques1:ed along the north and south property line s . The variances are required for the construction of an aerobic digester along the north line, and an oxidation ditch along the south line. In both the R-IA and P-I zoning district, 10-foot side setbacks are required, therefor a variance will be needed. NOTE: The aerobic digester and oxidat:Lon ditch will both extend beyond the respective property lines into the adjoining unopened and undeveloped street 60-foot easement. I 0 A lot coverage variance is requested for the south half of the property. The south half of the property is zoned R-IA. In the R-'IA zone, there is a maximum lot coverage requirement of 35%. The south half of the project wi:.l exceed 35% lot coverage. The north half of the property is zoned P-I, in which the lot coverage requirement is 45%. 2. The subject property is bounded on four sides by natural and manmade barriers to the expansion of thl:! sewage treatment plant property. On the east is the nor:.h lagoon (Chinese Gardens) which is a wetland. To the west is Kuhn street. To the north and south are residential dwellings. The City is required by federal and state law, and is subject to a compliance order of the Washington State Department of Ecology, to expand to secondary treatment of its primary treatment plant. I 3. The City states that approval of the variance from the frontage setback requirement of the zoning code will enable the expansion of the treatment facility without filling portions of the north lagoon (Chinese Gardens), which would create adverse environmental impacts. In addition, given the nature of the area served by Kuhn street, it is unlikely that the street would be widened to its full right-of-way potential. The City has proposed to pa:c-tially screen the facility from Kuhn Street through landscaping and berming. 4. The city states that approval of the two side setback variances will not violate the intent I)f a side setback requirement. The site is bounded both on .the north and south by unopened and undeveloped street rigt,ts-of-way. While components of the treatment plant would extend into the street rights-of-way, they would be more than 10-feet from the centerline of the rights-of-way. The City believes that this would meet the setback intent of maintainir,g an area for light entry, air circulation, fire and safety access. I Conclusions: 1. The proposed variance would not amount to a rezone, constitute a change in the district boun~~ies. nor 2. Special conditions and circumstances exist which are peculiar to the land that are not applicable to other lands in the same district e.g. the natural and manmade barriers to expansion of the treatment plant property, and the existence of unopened and undeveloped streets adjacent to the ~roperty. Any more of a setback than is requested (5 and 10-foot) would require I I 45, MINUTES OF THE REGULAR SESSION OF OCTOBER 2,1990, Cont. the filling of a portion of the Chinese Gardens wei:lands area. Any more of a side setback along either the north or south property lines would unacceptably compress the plant layout hindering the efficient operation and maintenance of the wastewater treatment plant. Reducing the area of the treatment structures is not feasible. A literal interpretation of the provisions of title 17 would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the district. 3. The special conditions and circumstances that exist do not result from the action of the applicant. The applicant is required by federal and state law to upgrade i 1:s plant to secondary treatment, which requires more property. The applicant did not create all the natural and manmade barriers to the expansion of the property. 4. The proposed secondary sewage treatment plant if constructed as designed would not confer a special privilege to the subject property that is denied to other lands in the same district. 5. The granting of the variance will not be materially detrimental to the public welfare or injurious to 1:he property or improvements in the vicinity. wi th the conditions set forth below, there will be sufficient screening between the project and adjoining uses. The unopened and undeveloped streets will provide sufficient separation be1t:ween uses. Granting this variance will be beneficial to 'the general public by improving receiving water quality and protecting wetland areas in the adjoining Fort Worden State Park. 6. The variance, if granted, would not be inconsistemt with the zoning code purpose set forth in section 17.04.020 of the Port Townsend Municipal Code. 7. The reasons set forth in the above-referenced application justify granting the variance. The variance is the minimum needed to make reasonable use of the land. 8. The granting of this variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In consideration of the aforementioned findings and conclusions, the Port Townsend city Council grants the above-referenced application as conditioned: 1. 2. I 3. 4. In order to reduce the visual mass of the structure, earthen fill shall be placed partially up the side of the oxidation ditch. Shrubs and trees shall be planted along the side of the oxidation ditch to visually screen the ditch. Such plantings shall be of sufficient size to visually screen th.:! ditch from Kuhn Street and residences to the west of the plant site. Provide landscaped pedestrian access for the public to Chinese Garden lagoon. Plant shrubs and trees north of the aerobic digesber to create a visual screen between the digester and residences to the north. This completes the Secondary Sewer Treatment Hearing. 46 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice ' vote. Mr Wheeler will call Mr Dennis and inform him that he may not cut thE~ trees as he has planned until his letter has been acted upon by the street/storm Drainage/Light Committee. Approval of the Minutes for September 18,1990, as written without reading. I Approval of the following Bills and Claims: Current Expense Street Library Library Construction & Renovation Park Emergency Medical Services Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 74,636.26 4,437.04 3,090.33 3,115.06 264.74 1,246.83 39,650.72 19,154.55 4,344.95 2,576.88 102.12 $152,619.48 Setting Hearings: Variance Application No 9008-01 -Hatfield for October 16, 1990. Communications: I A letter dated August 9, 1990, from Randy Harder, Executive Director, Point No Point Treaty Council, to Paul Marcoux, Union Wharf Associates, outlining a mitigation plan for the loss of marine habitat was copied for Council. A letter dated September 10, 1990, from Walter L Trace, Managing Partner, Union Wharf Associates, to Randy Harder, Executive Director, Point No Point Treaty Council responding to his letter of August 9,1990, was copied for Council. A letter dated September 12, 1990, from Tracey McKenzie, Project Marine Ecologist, Pentec Environmental, Inc, to Wally Trace, Trace and Associates, including budget estimates to conduct five tasks in 1990 identified in the monitoring plan agrE!ed to by the Point No Point Treaty Council was copied for Council. A letter dated September 17,1990, from Lee Reaves, Chief Examiner, Division of Municipal Corporation, Office of State Auditor, including the newly developed guideline on criminal justice funding was copied for Council and referred to the Fin.:ince Committee. A letter dated September 17,1990, from the Jefferson County Board of County Commissioners including an invitatio~ to participate in a forum on growth to be held at 9:00 AM at the County Fairgrounds Oscar Erickson Building on October 17, 1990, was copied for Council. I An exhibit dated September 18, 1990, from Micn~~¡ Shreve & Associates, Architect Urban Designers Planners. on the Union Wh~rf was copied for Council. A letter dated September 19, 1990, from Kay ':;oodhue, President, Admiralty Audubon Society, expressing concern about the route the kinetic sculpture participants will be taking through "the swamp" 47 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. was copied for Council Environmental Committee. and referred to the Legislative/ I A letter dated September 23, 1990, from David and Jeannette Hurd introducing themselves as the managers of the restaurant part of the Port Townsend Golf Course was copied for Council and referred to the Parks/Property Committee. A letter dated September 24, 1990, from David Hero, urging the creation of a civic activities center in the area of the City dock- Police Department parking lot was copied for Council and referred to the Parks/Property Committee. A Management Letter dated September 25, 1990, from Rob.3rt V Graham by curtis Baxtrom, Office of State Auditor, including¡ notes from the Auditor's Exit Conference was copied for Council. A Preliminary Official Statement dated September 25, 1990, from Seattle Northwest Securities Corporation for the City of Port Townsend Limited Tax General Obligation Bonds, 1990, was copied for Council. A letter dated September 26,1990, from Patricia Warren, Director, Jefferson County Historical Museum, submitting a budçret proposal on behalf of the Jefferson County Maritime Bicentennial Organizing Committee for the 1991 budget was copied for Council and referred to the Finance Committee. I A letter dated September 27,1990, from Lockwood and Hiroko Dennis requesting permission to remove three fir trees in 36th Street between Logan and Thomas Streets was copied for Council and referred to the Street/Storm Drainage/Light Committee" This concludes the Consent Agenda. UNFINISHED BUSINESS Variance Application No 9007-01 -Malone. (Continued from 9-18-90) Mr Hildt reviewed the status of the application. Mayor Shirley opened the discussion to the Public. Keith Malone was recognized and requested that the Council approve the variance subject to his revised plot plan. Richard Short was recognized and stated that there is opposition to this variance and requested that it be tabled until the next meeting so the neighbors can work out their differences. After discussion, Councilmember Clise made a motion that the Council adopt the following findings, conclusions and conditions and approve Variance Application No 9007-01 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Findings: 1. The applicants propose to construct a residence located on Jackman Street, between 9th and loth Streets. The subject property is located on Lots 24,25 and 26 of Block 188 in the Eisenbeis Addition in the R-1 zoning district. In the R-1 zoning district the minimum setback from the streE:!t right-of- way is 20 feet. The applicants propose to construct the residence so that the front setback of the building will be 0 feet. As this is less than the required 20 feet setback, a variance is required. I 2. The topography of property in question is such that approximately half the lot is comprised of a steep slope (per exhibit), and can be considered unbuildable. This slope has been identified as a sensitive area in the Port Townsend Comprehensive Plan. The remaining portion of the site fronts 48 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. on Jackman Street. It is in this portion 0:: the lot that the applicants propose to construct a residenCE!. 3. The Jackman Street right-of-way is 80 feet '~ide. Most street right-of-ways in Port Townsend are 60 feet wide. 4. The applicants state that in order to build a home that is of a similar size to those in the immediate area and maintain a 20-foot front setback from the street righ1:-of-way, it would be necessary to build on the slope. The applicants wish to avoid potential impacts to the slope, and pLopose to maintain a 20-foot buffer area from the top of the slope to the residence. The applicants state that it is not possible to construct a residence that has a 20-foot f::-ont setback and a 20-foot rear setback from the top of the slope. As such a variance is required. ' I Conclusions: 1. The proposed variance would not amount to a rezone, constitute a change in the district boundaLies. nor 2. Special conditions and circumstances exist which are peculiar to the land that are not applicable to otheJ:' lands in the same district. A literal interpretation of the provisions of title 17 would deprive the property owner of righLs commonly enjoyed by other properties similarly situated in the district. 3. The proposed residence would be consistent with those in the surrounding district. If constructed as de:Ügned it would not confer a special privilege to the subjeci: property that is denied to other lands in the same district. I 4. The granting of the variance will not be detrimental to the public welfare and injurious to the property or improvements in the vicinity. 5. The variance, if granted, would not be inconsistent with the zoning code purpose set forth in section 17,04.020 of the Port Townsend Municipal Code. 6. The reasons set forth in the above-refet"enced application justify granting the variance. The variance is needed to make reasonable use of the land. 7. The granting of this variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code. In consideration of the aforementioned findinçs and conclusions, the Port Townsend City Council approves the above-referenced application as conditioned. 1. 2. 3. 4. The applicant will submit a storm drainage plan for the entire si te, designed by a civil engineer, for i~he approval of the Public Works Director prior to construction. I The residence shall be setback 20 feet from the top of the slope, as indicated in the preliminary si'te plan. No portion of the residence shall intruè.e into the Jackman Street right-of-way. Using the southwest corner of the subje:::t property as the reference point for measurement, the maximum height of any structures, additions, appendages or vegetation shall not e~ceed 24 feet in height. 49, MINUTES OF THE REGULAR SESSION OF OCTOBER 2,1990, Cont. 5. A restrictive covenant describing the above mentioned height restriction shall be recorded with the Jefferson County Courthouse. COMMITTEE REPORTS I Legislative/Environmental. Councilmember Kenna made a motion that the Council make the following mitigated declaration of nonsig- nificance for a single family development proposed by Tom Wyrobek which was seconded by Councilmember Jones and passed unanimously by voice vote. 1. The applicant shall provide minimum street standards on First street from Hendricks to the top of the embankme~nt for fire protection. The new construction shall be established at grades approved by the Public Works Director. 2. The applicant will submit a storm drainage plan for the entire site, designed by a registered civil engineer, wi1:h a special emphasis on erosion control to the bottom of the ravine, slope protection, and revegetation of cleared areas. ~~he drainage plan must be approved by the Public Works Direct,or prior to resuming construction. 1991 Budget. Mayor Shirley set a meeting with the city Department Heads and the Finance Committee to discuss the 1991 Budget for October 18, 1990, at 6:30 AM. I Finance Committee Meeting. Councilmember Owsley set él meeting of the Committee for October 9,1990, at 5:00 PM to discuss the Union Wharf Lease. RECESS Mayor Shirley continued the meeting until October 9,1990, at 7:30 PM in the Council Chambers at 12:15 AM. CONTINUATION OF THE REGULAR SESSION OF OCTOBER 2,1990 The City Council of the City of Port Townsend met in continuation of the regular session of October 2, 1990, this Ninth day of October 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at Roll Call were John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Councilmember Camfield arrived at 7: 35 PM. Also present were Clerk-Treasurer David Grove, City Attorney Keith HarpE!r, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. I PUBLIC COMMENTS Mayor Shirley announced that the Union Wharf Lease and the Interlocal Agreement with Jefferson County on Union Wharf will not be discussed by Council tonight, therefore, comments by the Public should be made during this Public Comments portion of 1:he meeting. Mark Saran was recognized and stated his concerns about the Union Wharf Lease including the buy-back provision, rent schedule and fee, plans for parking, current plans and project performance. He gave a written copy to the Council from himself and Nonica Mick- Hager. 50 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. Monica Mick-Hager was recognized, read the first paragraph of their written comments and stated that Mark Saran had summarized their questions on the Union Wharf project. She requested a written response to their questions and stated that there should be no further concessions on the parking requirements for the project. Joan Best was recognized and stated that she does not believe that Union Wharf can create 25 parking spaces on the side of the Bishop Hotel without raising some environmental issues for birds and small animals and a viewscape of natural trees behind the building. I Chuck Wallin was recognized and read his letter to the Council requesting an easement for the sewerline for his home and the bed and breakfast inn next door prior to the sale of the inn. Judith Chalmer-Wood was recognized and stated her opposition to the plans for Recreational Vehicle parking thélt encroach on the Chinese Gardens by Fort Worden state Park. Frank D'Amore was recognized and publicly thanked Mr Trace and Mr Marcoux of Union Wharf Associates for their cooperation in a base line study of the fish habitat around Union WJlarf and requested that the contract be clear that the developers and not the city are encumbered in the future. David Forlines was recognized from LaPush and addressed the city on the conscience of the historical aspect of the area. He announced that in 1993 he will be in the city ~'ith a floatilla of canoes as he was in 1989. Paula Macarow was recognized and stated her concerns for the grading taking place at Townsend Meadows despite a "stop work order" issued by the City. She stated concerns for the wetland, drainage plan for the wetlands and that the mit:igation concerning air quality in Happy Valley be confirmed. I Kathryn Jenks was recognized and stated her concerns for valet parking in connection with the Union Wharf project and the need for the parking to be open to the public. PUBLIC HEARINGS Rezone Application No 9007-02 -Ouimper Credit Union. Mr Hildt reviewed the findings, conclusions and conditions of the Planning Commission recommending approval of the rezone. Mayor Shirley opened the hearing to the Public. Rick DriftIllier, the architect for the credit union, was recognized and spo}~e in favor of the rezone for the design of the project. Berni!:! Arthur, a credit union director, was recognized and spoke in favclr of the rezone and related their search for a suitable location. Ted Shoulberg was recognized and questioned what will happen to the present uptown site of the credit union and can it be rezonl:!d to R-I. Harley Bussart was recognized and opposed the rezone saying he had understood that the property he sold to the crl:!dit union would be used for parking only, objects to the added noise, and stated that one of the proponents, Mrs Adams, has since changed her mind and does not want her property included in the rezone. He noted that the neighbors are not in favor of the rezone. Barbara Bogart was recognized and stated her concerns saying it i:; not unusual for a block to be in two zones, lot lines and heigllt restrictions for commercial zones. Cindy Thayer was recognized opposed the rezone of the whole block because of the impact on t~raff ic and against people buying property at a lower price and then having it rezoned. Bill Bell, a neighbor, was recognized and stat'ad his concerns for the rezone of the end of the block not owned bi the credit union. Rich Driftmier was recognized and spoke in rebu1:tal saying that the uptown site has been sold, the adjacent owners were included as a courtesy, the search for property did include downtown Port I 51 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. I Townsend as well as Sims Way and this was the most appropriate site, and this does not create a "spot zone". Mayor Shirley closed the hearing to the public. After a lengthy discussion of a contract rezone, Councilmember Clise made a motion to refer this application to the Legislative/Environmental Committee 'to negotiate a proposed contract rezone which was seconded by Councilmember Westerman and passed unanimously by voice vote. Councilmember Kenna made a motion that the Council continue 1:his rezone application to the meeting on November 6, 1990, which ~{as seconded by Councilmember Jones and passed unanimously by voice! vote. Legislative/Environmental Committee Meeting Set. Councilmember Kenna set a meeting of the Committee to discuss this rezone for October 23, 1990, at 7:00 PM. I Street Standards Ordinance. Mr Wheeler explained the~ ordinance. Mayor Shirley re-opened the hearing to the Public. Cindy Thayer was recognized and commended Mr Wheeler and the Stree!t Committee for all the work on this ordinance and stated her concerns that the sub-di vision ordinance should be revised to reflect this ordinance. Jim Carlson was recognized and stated his concern that 1:here should be something in writing when there is a need for the street to be upgraded when a contractor or person building a house applies for a building permit. Ted Shoulberg was recognized and proposed a change in the findings to reflect the need for some sub-standard streets and a guideline for variances. Lee Wilburn was recognized and commented that the sub-division ordinance should b.:! amended to reflect this ordinance, a hand-out should be prepared for distribution at building permit time, and there should be a way for a neighborhood to opt out of the need for an upgraded street. Ted Shoulberg was again recognized and restated his changE! for people who do not wish to live on an upgraded street. There being no further testimony, Mayor Shirley closed the hearing to the public. Mr Harper stated that on page 4 there is a typing error, the word should be "procure" and not "provide" and on page 13, it should be "16.04" and not "16". During a lengthy discussion, Council- member Westerman made a motion to change the wording on page 11 #1 "that special conditions exist with respect to land or areas to the size, shape, topography, location, density, traffic, ÇJreen belts, open space, character of neighborhood, charactE:!r of the environment, or other factors not generally applicablE!" which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember McCulloch made a motion to add finding #10 "that some previously developed right-of-ways are important aesthetic, cultural and visual assets to the nE!ighborhoods providing it meets safety standards" which was seconded by Council- member Westerman. After discussion, councilmember McCulloch withdrew her motion. ORDINANCE NO 2210 I AN ORDINANCE REQUIRING CERTAIN STREETS AND OTHER PUBLIC IMPROVEMENTS PRIOR TO THE ISSUANCE OF BUILDING PERMITS OR PRIOR TO THE OPENING, IMPROVEMENT OR USE OF STREETS AND OTHER PUBLIC WAYS; ESTABLISHING STANDARDS FOR THE IMPROVEMENTS OF STREETS AND CERTAIN OTHHR PUBLIC IMPROVEMENTS; AMENDING SECTION 2 OF ORDINANCE 196 AND SECTION 1 OF ORDINANCE 1607 TOGETHER WITH SECTION 12.04.180 OF THE POUT TOWNSEND MUNICIPAL CODE; ADDING NEW SECTIONS TO CHAPTER 12.04 AND CHAPTER 16 OF THE POUT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING lili EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones 52 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2210 which was second'3d by Councilmember Jones. Barbara Bogart was recognized and stated that she was in favor of the motion that Councilmember McCulloch had withdrawn as a clarification for future variance applications. Scott Walker was recognized spoke in favor of local access streets and feels that the ordinance does not protect neighborhoods fro:n arterial traffic. After further discussion, the motion passed ul1animously by roll call vote. I RECESS Mayor Shirley declared a recess at 10: 12 PM. reconvened at 10:20 PM. The meeting was UNFINISHED BUSINESS ORDINANCE NO 2207 AN ORDINANCE APPROPRIATING THE SUM CF $5,775 TO THE STREET FUND, $1,750 TO THE P}RK FUND, $90,000 TO THE ARTERIAL STREET FUND, $349,434 TO THE LOCAL IMPROVEMENT DISTRICT NO 1 FUND, $568,227 TO THE WATER-SEWER FUND, $40,000 TO THE 1956 TRANSMISSION LINE REPLACEMENT FUND, AND $24,000 TO THE EQUIPMENT RENTAL FUND, MAKING FINDINGS, AND DECLARING AN EMI:RGENCY. Mr Grove read the ordinance by title and confirmed that this is the second reading. Councilmember Owsley made a motion that the second reading be considered the third and the thirÒ be by title only which was seconded by Councilmember Kenna and passed unanimously by voice vote. Councilmember Owsley made a motion that the Council adopt Ordinance No 2207 which was seconded by Councilmember Jones and passed unanimously by roll call vote. I Kaiser Variance Findings. Mr Harper explained t:rle amended findings and conclusions for Variance Application No 9005-07 for Gary and Mary Kaiser. After discussion, CouncilmembeI' Westerman made a motion that the Council adopt the following findings and conclusion with changes in findings 5 and 6 and the conclusion to "one on- street parking space" and grant Variance No 9005-07 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Findings: 1. The City Council previously made Findings, Conclusion and a decision on the above-referenced application at its regular meeting on August 7, 1990, upon motion of Councilmember Michael Kenna. 2. The applicants filed with the City a request to reconsider its Findings, Conclusion and decision, dated Heptember 12, 1990. 3. At the City Council's regular meeting on Heptember 18, 1990, in response to the request for reconsiderai:ion, Councilmember Michael Kenna made a motion that the Council reconsider the application, which motion was passed unanimously. I 4. The City Counci,l considered its previous F:mdings, Conclusion and decision, along with the submittal of the request for reconsideratioPi~ by the applicants. The City Counci¡, acting as Board of Adjustment, further finds that, if parking were provided on the applicant's property, ~ the only means Qf access to the property would be off Water 5. 53 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. Street, requiring a curb cut and driveway across 1:he existing sidewalk from Water Street to the applicants' property. The resulting curb cut would cause a decrease of one on-street parking space on Water Street, and in addition, would require removal and relocation of the Jefferson Transit bus stop. I 6. By foregoing such curb cut, one on-street parking space is thereby preserved. The property of the applicant:s is other- wise landlocked from any other public right-of-way. 7. The city council further makes the same remaining Findings set forth in its decision of August 7,1990, as set forth in the Minutes thereof, a copy of which Findings, Conclusions and decision is attached hereto as Exhibit A. Conclusion: 1. Based upon the amended Findings of the city Council, the City Council makes the same Conclusions as set forth in Exhibit A, and further concludes that, because the property is landlocked other than access to Water Street, and in consideration of preserving one on-street parking space on Water Street, a curb cut is not desirable, the variance should be and is hereby granted as conditioned: a. The building permit shall not be issued until such time as the Historic Preservation Commission gives approval to the design details as set out in the July 10 letter from Pete Raab to the City Council. I b. The applicants shall parking spaces either: provide seven off-street On-site; (1) (2) Off-si te pursuant to the locational criteria set forth in Chapter 17.30 of the Port Townsend Municipal Code; (3) (4 ) Through a joint use agreement; Fees in lieu pursuant to Chapter 17.30 of the Port Townsend Municipal Code. c. The applicants and the City shall enter into an Agreement in form and substance agreeable to the ci ty and be recorded, providing that upon termination or extinguishment of any lease, joint use or other parking, the applicants shall otherwise provide the off-street parking spaces or pay the then-existing in lieu fees. d. Anyon-site parking, if provided, shall be designed and constructed in such a manner that no vehicular access nor curb cut of any kind shall be required on Water Street. I RESOLUTION NO 90-97 A RESOLUTION ADOPTING THE PROJECT PRIORITIES OF THE PORT TOWNSEND CITY COUNCIL FOR 1991. Councilmember Owsley made a motion that the Council adopt Resolution No 90-97 which was seconded by Councilmember Camfield and passed unanimously by voice vote. 54 MINUTES OF THE REGULAR SESSION OF OCTOBER 2,1990, Cont. RESOLUTION NO 90-98 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN GRANT AGREEMENT WITH DEPARTMENT OF ECOLOGY. Mr Wheeler explained the resolution. Councilmember Clise made a motion that the Council adopt Resolution No 90-98 which was seconded by Councilmember Camfield and passed unanimously by voice vote. I COMMITTEE REPORTS/STAFF REPOR']'S Street/storm Drainage/Light. Councilmember Jones reported that the Committee had met and discussed the street ordinance and the Fir Street Pathway. Councilmember Owsley made a motion that t:he Council grant permission for Scott Walker to install the signs for the Fir Street Pathway which was seconded by Councilmember Jones and passed unanimously by voice vote. Finance. Councilmember Owsley reported that thl:! Committee has met twice to discuss the Union Wharf lease attorney:; and various other interested parties and has no recommendation at: this time. Councilmember Owsley set a meeting of the Committee for October 16, 1990, at 5:00 PM. Communi tv Services. Councilmember Westerman rE!ported she had met weekly with the Affordable Housing Work Group éLnd that this group has targeted the development of housing for t:le income range of $15,000.00 to $30,000.00. The residential zŒ1ing code is being reviewed to locate areas for multi-family zoning. I Councilmember Westerman also reported on a Committee meeting in which a downtown youth park idea, possibly in connection with the Urban Waterfront Plan was discussed. Legislative/Environmental. Councilmember Kenna made a motion that the Council adopt the following mitigated measures for the determination of non-significance SEPA checklist: for the short plan proposed by Campbell-Hogue Associates which was seconded by Councilmember Jones and passed unanimously by voice vote. 1. Under WAC 197.11.600, the SEPA rules allow the use of existing documents if an analysis has already been done for a proposed project or a similar project. As this proposal reflects a change in ownership and a possible modification in the original project as was documented in t:he Discovery View Associates Variance Application #8912-08 and Conditional Use Application #8911-05, further information may be necessary than what is contained in this SEPA checklist. An addendum may be needed when the proposed project (this land division application) reaches the project level (senior care center). An addendum will help identify the changes in the project proposal from the original Discovery View application. The city may, however, determine that the original mitigated DNS (issued on December 19, 1989) is sufficient, and that there will be no new significant advE:!rse environmental impacts, so no further documentation is rHquired. I Councilmember Kenna set a meeting of the Commit,tee for October 16, 1990, at 6: 30 PM, to discuss the Port Townf.end Business Park checklist and the Vantage Homes checklist. Councilmember Kenna made a motion that the Council approve an extension of a requirement of occupancy for six months from 55 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990, Cont. September 19, 1990, for the Rose Cottage owned by Josephine Reynolds which was seconded by Councilmember Jones. During discussion, Mr Hildt reported that the permit has expired as of September 19, 1990; therefore, Councilmember Kenna withdrew his motion. I Police/Fire/Animal Control. Councilmember Clise reported on several meetings he has attended regarding the noise problem in the downtown area. Councilmember Clise set a meeting of the Committee for October 15,1990, at 4:00 PM to discuss this problem. Urban Waterfront Plan Schedule. Mr Hildt presented a revised schedule for the Urban Waterfront Plan. Smoke Testing. Mr Wheeler reported that the City will be smoke testing storm drains and the sanitary sewer line in Water Street on Friday, October 12, 1990, in order to locate sources for the odor problems in City Hall and other downtown buildings. The Leader will print an announcement of this test. Brush and Tree Cutting. Mr Wheeler reported that a policy for brush and tree cutting is being worked on by staff. Parks/Property. Councilmember Camfield reported that the Committee is pleased that the city has sent a letter to the Washington state Parks and Recreation Commission stating outrage to the plan of Fort Worden State Park for Recreational Vehicle parking in the Chinese Garden area of the park. She also reported that another letter is being sent in addition that was drafted by Kathryn Jenks and signed by some Councilmembers. I Councilmember Camfield also stated that there are 50 to 75 more Recreational Vehicle pads being set up at Fort Worden State Park and that this will be a large impact on the water" roads and possible sewer services. She questioned if there are any limitations in the water service contract that this would affect and why was there no SEPA checklist for this improvemE!nt. NEW BUSINESS I Townsend Meadows Development Agreement Amendment. Mr Hildt reviewed the status of the project that has changed from a rental project to a condominium project, has been sold, and recommended that this be tabled until requirements in the agreement have been met regarding the specifications for road work and utilities, and that there is a written and agreed inspection program. During discussion, Mark Johnson, Nordland Construction, was recognized and apologized for the stop work order being ignored, clalrified that the development is a long-plat subdivision, and stated 'that the sod has been stripped and stockpiled so that the site can be revegetated when construction has been completed. He has met with Bob Wheeler, Jim Orsborn and Jim Engle regarding roads, streets and utilities. He also stated that a wetland will be recreated that is larger than the present wetland. He again apologized for getting off to a bad start on this project and clarified that the condominiums are for the general public and not just seniors. Alan Carman was recognized and stated that a final plat cannot be done wi thout the road construction and utili ties in place. He questioned how this can be accomplished without having construction approved. Mayor Shirley referred that question to the City Attorney for another time. Mr Hildt responded that once the agreement on specifications and on the inspection program is received, the amendment can be brought back to Council prior to the final plat. Councilmember Clise made a motion that this be tabled which was seconded by Councilmember Jones and passed unanimously by voice vote. 56 MINUTES OF THE REGULAR SESSION OF OCTOBER ;~, 1990, Cont. RESOLUTION NO 90-99 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING AN AMENDMENT TO THE DIRECTIVE AS TO COVENANTS AND THE RESTRICTIVE COVENANTS, PREVIOUSLY IN CCNNECTION WITH CITY OF PORT TOWNSEND ORDINANCE NO 1997. I Mr Harper explained the resolution. CouncilmHmber Clise made a motion that the Council adopt Resolution No 90-99 which was seconded by Councilmember Westerman and passed unanimously by voice vote. RESOLUTION NO 90-100 A RESOLUTION AUTHORIZING A CONTRACT FOR CONSULTING SERVICES WITH STASTNY & BURKE ARCHITECTURE, P.C., FOR URBAN DESIGN, DESIGN GUIDELINES AND DESIGN GRAPHICS THAT WILL AID IN THE PRODUCTION OF A SPECIFIC DEVELOPMENT PLAN FOR THE PORT TO~SEND URBAN WJa.,TERFRONT PROJECT. RESOLUTION NO 90-101 A RESOLUTION AUTHORIZING A CONTRACT FOR PLANNING SERVICES WITH MCCONNELL/BURKE, PLANNING CONSULTANT, FOR SUPPLEMENTARY ASSISTANCE WITH CURRENT LAND USE AND SUBDIVISION APPLICATIONS. Councilmember Kenna made a motion that the Council adopt Resolutions No 90-100 and 90-101 which was seconded by Councilmember Jones and passed unanimously by voice vote. I ORDINANCE NO 2211 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $200,000 FROM THE WATER-SEWER FUND TO THE LOCAL IMPROVEMENT DISTRICT 1 FUND AND PROVIDING FOR REPAYMENT. Mr Grove explained the ordinance and read it by title. Council- member Owsley made a motion that the first reading be considered the second and the third be by title only whil:;h was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. CouncilmeJwer Owsley made a motion that the Council adopt Ordinance No 2211 which was seconded by Councilmember Jones and passed unanimously by roll call vote. RESOLUTION NO 90-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A lATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.51. I Homer Tobin has agreed to construct a 6-inch 'Ñater line in Cook Street from Cook Avenue to Elm Street wi thin the city of Port Townsend. RESOLUTION NO 90-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A lATECOMER UTILITY CONTRACT PURSUANT TO RCW 35. Ç'l . John Rook has agreed to construct an 8-inch S'3wer line in Grant 57 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1990 ' Cont. street from 8th Street to 9th Street wi thin the City of Port Townsend. I Councilmember Camfield made a motion that the Council adopt Resolutions No 90-102 and 90-103 which was sl::!conded by Councilmember Westerman and passed unanimously by voice vote. Reappointment to the Library Board. Councilmember Jones made a motion that the Council confirm the reappointment of Mike Mortensen to the Library Board with his term expiring on September 19, 1995 which was seconded by Councilmember Camfield and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Pet Protection League Advertising. Councilmember Clise requested that the Pet Protection League restate their request for funding for an educational purposes. Proposed Pipeline. Councilmember Clise suggested that the Council go on record as being against the proposed pipeline. Lawrence Street Apartments. Councilmember Westerman stated that she is still getting calls objecting to the color that t:he Lawrence street Apartments have been painted. Audit Results. Councilmembers Kenna and Camfield congratulated Mr Grove on the results of the audit conducted by the State Auditor. I Pet Protection League Advertising. It was the consensus of the Council that the Pet Protection League should contact the Police/ Fire/Animal Control Committee before spending funds for advertising without prior Council approval if they expect the CitY' to pay. Union Wharf. Councilmember Westerman requested that when the Council is ready to deal with the Union Wharf lease, palrking, etc, that the whole package is done at once. Mayor Shirley responded that the target is to deal with the whole thing at the next meeting. Proposed Pipeline. Councilmember Westerman made a motion that a letter be sent from the Council in opposition to 'the present pipeline proposal which was seconded by Councilmember Clise and passed unanimously by voice vote. Urban Waterfront Plan Hearing. Councilmember Owsley state that she would not attend the Urban Waterfront Plan Hearing at the High School Auditorium on October 17, 1990, and Counci lmember Kenna stated that this is a hearing for public comment only and there would not be any discussion taking place. Mr Harper stated that technically this would constitute a special meeting and that minutes should be kept. ADJOURNMENT I There being no further business, Mayor Shirley declared the meeting adjourned at 11:44 PM. ~ Attest: Mayor iLJ~ Clerk-Treasurer 58 I I I