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HomeMy WebLinkAbout02/05/1991 134 MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. Union Wharf Model. Mayor Shirley suggested that the model be placed in his office in City Hall for public viewing. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 8:57 PM. Attei4 ~ ,;' " \ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 1991 The City Council of the City of Port Townsend met in regular session this Fifth day of February, 1991, at 6:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL 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, Planner Dave Robison and Public Works Director Robert Wheeler. PUBLIC COMMENTS Sharon Barrea, representing the John Henry Doll EstatE!, was recognized and requested permission to open Albatross Street and to extend the burning time for the 40-acre forest land held in the Doll Estate at the western end of Port Townsend on the bluff. The on-site logging manager, Harry Thayer was introduced and briefed Council on the plans for the property. Mr Wheeler stated that a street development permit is needed to be able to use the street and recommended that it can be dealt with at the Street Committee meeting. Councilmember Kenna made a motion that the Street Commi ttee be authorized to make a decision at their meeting on February 12, 1991, which was seconded by Councilmember Jones and passed unanimously by voice vote. councilmember Jones confirmed that the Street/Storm Drainage/Light Committee will be meeting at 5:00 PM on February 12,1991, and will take up this issue. After discussion of the extension to the burning time, councilmember Camfield made a motion to amend the Determination of Non- Significance and extend the burning time until the end of March; that the burning be monitored by the Public Works Director; and if more time is needed, it will be reviewed by Council at that time which was seconded by Councilmember Kenna and passed unanimously by voice vote. Kathryn Jenks was recognized and addressed the issue of the landscaping plans for Townsend Meadows and requested a on-site inspection of the standing water at the present time. Ms Jenks also requested the consideration of a fence around the wetlands area while the habitat buffer is growing. Greg Bennett questioned if anything other than the landscaping plan for Townsend Meadows was going to be discussed under Unfinished Business. Mayor Shirley responded that the landscaping plan is I I I ~ES-OF--TßE-REGll~_£KSSION OF FEBRUARY 5,1991, Cont. /3.:r ) I I what is on the agenda and the Council will take up its discussion wi th the developers. Mr Bennett noted that interested partiHs have not be able to see a letter from James C Middlebrooks received by Council. Frank D' Amore was recognized and stated that Ron Thom, Mr Eelgrass, says that concurrent mitigation on eelgrass for the Union Wharf project should not be considered. Mayor shirley stated that information regarding Union Wharf is out of order at this t:ime as it has been announced that comment will not be taken until it is back on the agenda. Etta Roth was recognized and stated her anger that a landscaping plan for the wetlands at Townsend Meadows has been brought in instead of a restoration plan as requested, and that there is about a five acre pond at present and the landscaping plan calls, for a year-round pond of two acres. Ms Roth questioned if there is concern about water usage to keep the pond full during dry months; and additional runoff from roads, sidewalks and buildings that she feels has been underestimated and not addressed. Jeneen Hayden was recognized and asked for public comml!mt if anything other than the landscaping plan for Townsend Meadows is addressed later on the agenda. Ms Hayden then reviewed the main points of her letter on the Consent Agenda regarding wetlands and wildlife protection and buffering, and the amount of water drainage involved. Ms Hayden noted that the high water mark on the proposed plan goes over the proposed roadway and that there has been no work done to restore what has been damaged already. Catherine Kane was recognized and stated her concerns for alII the water presently in Townsend Meadows and the effect of more houses in the area during a wet year like this; and that three re~laining trees may be in jeopardy. John Barr was recognized and stated his concerns about ~retland areas and storm drainage in the city and Townsend Meadows in particular. Mr Barr stated that he feels that thE! same recommendation that went to Vantage Homes for an on-site as ~.¡ell as off-site storm drainage plan before any development should be made for Townsend Meadows. BID OPENINGS Chlorine. Mr Grove opened an offer from Incon, Inc, to extend it's 1990 contract in lieu of a 1991 bid; and a bid from Atocbem North America, Inc, to supply chlorine at $.355 per pound. These documents were turned over to the Public Works Director for review. Generator. Mr Grove opened a bid from Halton in Portland, Oregon, for a generator in the amount of $27,992.00 including sale:s tax. T!Üs bid t'las turned over to the Public Works Director for review. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1:ems on the Consent Agenda which was seconded by ÇQuf1Gllmember- CIÍ:'3e and. passed unanimously by voice vote- Approval of the Minutes for January 15, 1991, as written wit.hout reading; Approval of the following Bills and Claims: Current Expense Street Library Park $ 112,842.55 3,340.85 8,683.37 11,478.41 13b . - n__~___u__MINUTES OF THE REGULAR SESSION OF ...F.E...aRUARY_5_,_15~9-1-#-C-Qrrl:_. .'-- _._-~-- Emergency Medical Services Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 3,292.11 37,920.22 40,326.18 5,561.16 12,693.98 365.09 $ 236,505.12 setting aearings: Conditional Use Permit 9011-01-Cabot for 3-05-91 Sign Code Update for 3-19-91 Approval of Appointments: Christopher Carson Dan Harpole Janet Mortenson Paul Jacobsen Board/Comm Term E~i;tes 12-31-94 02-01-94 02-01,.94 01-01~94 Histo::ic Pres Arts c:=ommission " ", Park Board Adoption of Resolution: RESOLUTION NO 91-06 A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF PORT TOWNSEND AUTHORIZING A TOURISM PROMOTION AGREEMENT WITH CENTRUM FOUNDATION. The Mayor is authorized to execute the annexed Tourism Promotion Agreement with Centrum Foundation to distribute the annual broèhure and advertise the 1991 Summer Arts Season fclr reimbursements not to exceed $13,000.00. communications: A letter dated January 3~ 1991, from Michàe~. Marson, Lee C Wilburn, Michael DeJusto and Ken McBride requesting that unopened Offutt street be renamed to Magnolia street was copied for Council and referred to the street/Stot'1n Drainage/Light. Committee. A letter dated January 4, 1991, from Or CrÜ;t requesting that unopened Offutt street be renamed to Maqnol:La street was copieQl for Council and referred to the Street/storm Drainage/Light Committee. A letter dated January 10,1991, from Lee C Wilburn requesting that the Parkview Plat be withdrawn from the Planning Commission agenda for additional time to study possible we1:1ands on the site: was copied for Council. An Environmental Checklist dated January 16,1991, from the Port of Port Townsend to prepare two areas for travel lift access and ,boat storage was copied for Council and refer~ed to the Legisla~ive/ Environmental Committee. A letter dated January 19,1991, from Tama~a conway expressing her opposition to the Union Wharf project was copied for Council. A letter dated January 22, 1991, from J ~~ayloe Washburn, Foster Pepper & Shefelman, to Mark S Beaufait reqarding Sensible Sewage Solutions v. Port Townsend: SchedUling of Return of Administr~tive Record and Response on settlement Issues ~as copied for Council. A me~orandum dated January 22,1991, trom Karen Cartmel, Ele~tion Coordinator i Office of the Jefferson County Auditor, reminding elected officials that the Public Disclosuro Commission Deadline is April 15,1991, was copied for Council. A memorandum dated January 23,1991, from Bart Phi¡lips, Economic ( I I /37 MINIITEfL OF. T Ii E -REGllLAlLSE 5S.1. O.N _0 F-F E BRU AR L 5-1-1.9..9..1 ---c. 0 1l.~ J I I Development Council, including the final correspondence f()rm the State Office of Archeology and Historic Preservation to the Army corp of Engineers on the union Wharf's impact to the Water Street Historic District was copied for council. A letter dated January 26,1991, from Dana Roberts urging council to hold Union Wharf Associates to solid compliance with the law and rules WAS copied for Council. A letter dated January 28, 1991, from Tom Beavers, Broker, ERA Olympic Real Estate, supporting the rezone of the Lakeside property to MI zoning as per the Sperry-Little application was copied for Council and referred to Unfinished Business. A letter dated January 28, 1991, from Kathryn Jenks stating her concerns for vegetation rehabilitation and landscaping plans submi tted for Townsend Meadows Planned Unit Senior Development Project was copied for Council and referred to Unfinished BuelÌness. A letter dated January 31, 1991, from Mark and Mary Mandell s:tating their concerns of the way the Union Wharf project has been J:1landled by both the City and the developer was sent to each CouncilmE!mber. A letter dated January 31, 1991, from Robert H Sokol stating his concerns for the turnaround in the end of Taylor street for the Union Wharf p~oject was copied for Council. A letter dated January 31,1991, from CindY Wolpin expressing her concerns that citizens are being shut out of the Union Wharf process while the developer is being empowered was copi~~d for Council. A letter dated January 31, 1991, from Margaret Care) stati:nq her concerns for the landscape plans for Townsend Meadows proposed storm. detention pond was copied for council and refer:red to Unfinished Business. A letter dated January 31, 1991, from John Barr stating his concerns for the Townsend Meadows restitution plan was copied for Council and referred to Unfinished Business. A letter dated January ~1, 1991, from Greg Bennett stating biB comments on the restoration/landscape plans for Townsend Keadows was copied for Council and referred to Unfinished Business. A letter from 80 and Patti Sullivan stating s~pport for the Union Wha~f project was copied for Council on February 1,1991. A letter dated February 1, 1991, from Jeneen Hayden stating her concerns tor the landscape plans submitted by Mark Johnscm for Townsend Meadows was copied for Council and referred to Unfi]~ished Business. This concludes the Consent Agenda. APPOINTMENT G¡-owth Manaqemen~ Act. Mayor shirley announced the appointmlant of councilmembers Camfield, Clise and owsley to participate wi1:h the county Commissioners in the growth management planning effort. Councilmember Jones made a motion to apprové the appointments which was seconded by councilmember McCulloch and passed unanimounly by voice vote. Mayor Shirley turned the meeting oV'er to Councilmember Kenna, Mayor Pro-Tem, and left the council Chambers at 7:11 PM. PUBLIC HEARINGS See Next Page 13 g -_____J.JlmIT.ES OF THE-B.EGU1JAB SESSION 01'--FE.1iR.UARY--.5..,-1_~ì-C_o.nt_. Conditional U~~ Permit 9QJ.O-O4 & Vari~nçl! àPpl~cation 9010-03 - Surq¡ni t Ço1JUl\ul)icatio:os. Mr Hildt reviewed t~e findings, conclusions and conditions of the Planning commission for the conditional use permi t and the variance for Summit Communil::ations as well as :staff memorandums and other communications. Mayor Pro-Tent Kenna opened the hearing to the Public. Burt Green, Regional Manager for Summit Communications, was recognized anti spoke in favor of the applications stating that the prOblem they are tryin~ to correct is "ghosting" on channels 4, 5 and 7. charlene Cline, a neighbor, was recognized and spoke in opposition to the extensions stating that the tower is an eyesore, interferes with her privacy, would :lower her property value and she is concerned al~out microwaves so close to her family and animals, the traffic a~d storage Of equipment. Ms Cline suggested that Summit Communications move its operation out of the neighborhood. Joseph James, a 11eighbor, was recognized and spoke in opposition stating that the company should move its operation out of the neighborhood as it is growing and no Qne is monitoring the trash pile up. Laurie S1:ewart, a neighbor, was recognized and spoke in opposition to the tower, showing a scale model house and tower and stated that the 4)riginal conditional use allows for two truck trips a month which is now ten to fifteen a day. Mr stewart stated that he does not mind it being a p~ssive broadcast reception facility but does Jbject to it being an industrial facility in a residential neighborhood. Catherine Kane was recognized and spoke in opposition to having a mict'¡owa'Ve receiver in town as it is hazardous to health. Burt Greeh was recognized and st~teQ. that he understands t:he cohcerns and that the microwave beam is 2jl00th of a watt. Mayor Pro-Tem Renna c:losed the hearing to the Public and turned to the Council. for disposition. After a lengthy discussion, I~ouncilmember Clise made a motion that the Council request more information from Summit communications on electromagnetic waves; response to a letter from Philip Speser; and their plans for the site; and table the ~rmits until the next meeting on February 19,1991, which was seconqed by Councilmember Camfield and passed Ul\animol1s1y by voice vote. UNFINISHED BUSINESB ~~Qn~ R~q~est 909~-O~ -p~ ~u~iness ~ark. Mr Hildt reviewed the status of this rezone request and staff con~ents to concerns ~aised by Craig L Jones. Mr Harper reviewed hÜ~ recommendations for an approval of the rezone. Craig L Jones was reco9nized~ state~ that this should be a continuation of the bearing, and presented the views and þosition of his clients regarding matters set forith in the Comparative Analysis prepared by the J~cConnell-Burke fi~ and the memorandum prepared by the Planning and Building Department staff. Councilmember Westerman quote.d frOJR a memorandum from :Kevin O'Neill on SEPA procedure which indicatl~d that this is a non- project and not a project SEPA. Mayor Pl~o-'1'em Kenna quoted, from the minutes of the meeting for January 2, 1991, "Mayor Sb,irley closed the hearing to the Public and tu:::-ned to the Council for deliberation. There was a voice motion made by councilmember ¡Jones to continue discussion until February 5/ 19!Jl.1I After lengthy discussion of site specific and project specific issues, ~oning needs and growth management, Councilmembet' Westernaan made a motion that the Council adopt the following findings 1 through 23, conclusions 1 through 7 and conditions A through F and approve Rezone Request 9009-02 which was seconded by Councilmember McCulloch and passed with six Council members voting in the affirmative and Councilmember Jones voting against the motion. FINpIij~: 1. The applicants propose a rezone of Gc,vernment Lot #2, trom R'" lA and C-ll to M-l. The site is currently vacant. The applicants propose to construct a tusiness park to provide space for light manufacturing and dist.ribution establishments. I: I I Ml-NtJ!l!ES-OF-T-RE-REGULAlLSESSION OF FEBRUARY 5., 1991, Cont. 1st:¡ I I I 2. Adjacent properties to the west, north and east of the subject property are zoned R-IA. properties to the south are zoned C- 11. There are two homes, one on each block, to the west, with the rest of the blocks undeveloped. North on Howard S'treet, from the north west corner of the subject property, there are ten homes. The remaining land on the north is vacant. There are six half-blocks adjacent to the east that have a total of seven homes. The next row of blocks over to the east co:ntains a total of ten homes. Property immediately adjacent 'to the south is Tax Lot 18 which is owned by Jefferson County and is vacant. Across this vacant land there is a Jackpot Foodmart, a Honda dealer, John I s Auto Repair, and the Port To'Wt1send Cafe, all of ~hich front Sims Way/Highway 20. The applicant has submitted a site/plot plan, dated September 18,1990, for the proposed business park. Total acrea~e for the site is 34.67 acres. The development would consist of twenty-five building sites ranging in size from .78 acres to 1.43 acres. The remaining acreage would consist of roads and perimeter butfering. 3. 4. Section 17.16.010 of the Port Townsend Municipal Code outlines the purpose of each zoning district. The purpose of an R-IA zone, which is the current zoning for the majority Qf the subject property, is stated as, "Exclusively a single family residence district with adequate plot areas requirE}d and including the customary accessory secondary uses, with agricultural use also allowed." The southern fifth ,of the site is zoned C-II, which is defined as, "primarily a g'eneral commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation." The purpose of an M-l designation, which is the proposed zoning for the site, is defined as, "PrimarilY for light manufacturing, processing, fabrication and assembling of products or materials, warehousing and st,orage, and transportation facilities." currently there is only one area in Port Townsend zoned M-l. It is located south of Sims Way on the waterfront tetween approximately Hill Street and Benedict street. Land currently zone M-1 on the waterfront south of sims Way contl:iÍns a. variety of warehousing and open storage facilities. There do not appear to be an adequate number of sites available to accomnodate any increase in industrial activity in thi.s area of Port Townsend. There is a public need for addi,tional industrially-zoned land within the city.. A large amo,unt of land would continue to be available for residential uses. Over one-half of all residentially zoned property is prE~sently vacant. Industrial uses have been required to locate clutside the City in part due to the lack of adequate, industrially zoned property within the city. 5.. 6. The Port Townsend Comprehensi ve Plan states, "indtLstrial development should be considered for the southwest sec1:ion of the City, west of McPherson street, north of Si~s Way and south of 10th Street." This description includes the E:l~bject property. The Comprehensive Plan also has several si tinq standards for industrial developments that include; IClcating new industry adjacent to existing industrial development or in planned industrial parks; protecting neighbor propertins from noise, vibrationf drainage, dust, excessive traffic, view blockage, etc.; internalizing negative effects 1;hrough greenbel t buffers, landscaping, adequate utilities, noi:se, air and water pollution control devices, attractive fencir~, and similar measures; and insuring that wholesale/warehousing facili ties front primarily on streets having good acc~ess to the major thoroughfare system. The Land Use Plan Map in the Port Townsend Comprehensi ve Plan designates the site for I LID - -"--~ -- ---" --~-------- 10. 11. MINUTES OF THE REG~ SESSLON_O}~~EBRUARY~~991,-eent. ------- industrial use. 7. There is currentlY no vehicular access from an arterial s~reet to the subject property. The site/plot plan indicates access to be developed off Sims Way, using Howard Street north to county owned property, where it makes a diagonal connection northeast across county land (Tax I,ot 18) to the subject property. '!'he applicant is currently working with the county to develop this access (see AttachmE!nt A). If successfully negotiated this would be the main entry to the proposed business park. The applicant would also like to have limited access from 9th Street. The subject property is available, IHvel and well-served by nearby arterial streets and utilitie~:. It is the only site reasonably suited for future industrial use within the ,City limits of Port Townsend. Within unincorporated Jefferson County, there are some. potential industrial si tes, particularly adjacent to the newly expanded Jefferson county International Airport, altho~gh much of the airport land is limited by federal funding regulati.:ms to airport-reiated businesses. Commensurate with the pctlicies of the state of Washington as expressed by the Legisl.l1ture in HB2929 (Growth Management Act), the subject site is preferable because necessary services and roads are already developed in proximity. Moreover, if developed cc'1Dþatibly with adjacent neighborhoods, the subject site offers the potential of c~ose- in jobs for Port Townsend residents at conside~able convenience, fuel efficiency and redueed traffic congestion. 8. 9. HB2929, the Growth Management Act (1990), includes new State planning goals which are pertinent to this distinction. Among these goals are: a. Urban growth. Encourage developmElnt in urban areas where adequate public facilities and sE~rvices exist or can be provided in an efficient manner. Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, l~)w-density development. b. c. Economic development. Encouragn economic development throughout the state that is cclnsistent with adopted comprehensive plans, promote econcfmic opportunity for! all citizens of this State, especiall~' for the unemployed and for disadvantaged persons, and enc::ouraqe growth in areas experiencing insufficient economi(: growth, all within the capacities of the state's natural resources, public services and facilities. The Growth Management Act (H82929) also requires each county to designate urban growth areas wllere urban growth - is encouraged, and outside of which only non-urban growth can occur. The Act requires that every incorporat:ed ci ty be included in an urban growth area. "U:C'ban growth" refers; to growth that makes intensive use of land for the location of buildings, structures and impermeabl~~ surfaces to such a degree as to be incompatible with the p¡~imary use of sùçh land for the production of food, other agricultural products or fiber, or the extraction of mineral resources. The Act requires that the city accept urban 9rc~th in areas that have existing public facility and service capabilities to serve such development. Although not mandatory as applied to this application, the foregoing policies and provision of the Growth Management Act justify the rezone request. I. I I I I I MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. 12. 13. 14. 15. 16. 17. 18. section 17.16.030 of the Port Townsend Municipal Code places limitations on "M" classified properties when having a common boundary with "R" classified properties. These limit,ations include maintaining a view obscuring greenbelt of not less than eight feet high and ten feet wide; illuminating devices shall be shaded and directed away from "R" classified properties; muffling industrial activities so that noise will not be objectionable and shall not exceed forty decibels between the hours of eleven-thirty p.m. and six a.m., and sixty decibels at other hours; providing shielding measure against interferences occasioned by mechanical, electriGal, or nuclear equipment; prohibiting storage of waste product~s that may attract insects or rodents; and limiting the storage of inflammable liquids to below ground tanks. The proposed rezone would reduce lands available for residential development by 35 acres. A Comparative Analysis conducted by the firm of McConnell-Burke estimates that 126 single-family homes could be built on the site, assuming subdi vision approval by the city. other sui table lands available for future residential development appear adequate to meet current growth rates for many years. Less tha.n one- half of the lands zoned R-1 or R-1A are currently developed. The subject site, however, is the only remaining parcel identified in the Comprehensive Plan for possible future industrial development. In addition, concerns for the future availability of affordable housing are balanced with the increased availability of local, stable employment opportuni ties afforded by the proposed rezone. Cert.ainly, affordable housing depends on family income through local employment opportunities. The availability, due to utility services and zoning, of lands adjacent to the recently expanded Jefferson County International Airport is uncertain. Those portions of the airport properties acquired with FAA funds are restricted to airport-related uses. There is a 16" A.C. water main which enters the s.ubject property at a point approximately 450' west of the solJltheast corner, then runs diagonally northeast and terminates at the hydrant at 8th street. An 8" concrete sewer line exists on the subject property, beginning at a point 450' west of the southeast corner and approximately 30' from the scluthern boundary and connects to an 8' concrete line that runs: along Sims way/Highway 20. Water pressure in certain parts of the southwest portion of the city to city or individual service lines is said to be low, serving certain property owners. However, the anticipated water demand of the site if rezoned to M-l would be less than if filled out under present zoning. Th.e City has an adequate water supply to serve the site. Water system improvements which may be required to increase water pressure in the area of the City should be paid for in part by the applicant upon a determination of its fair share. If the site is developed as an industrial park in the form of a binding site plan, planned unit development, or Eiimilar proposal with appropriate conditions, development c:::an be regulated and amenities required to protect neighboring properties from any noise, vibration, drainage, dust, excessive traffic, new blockage and other impacts. Any negati ve effects of development can thereby be interm:tlized. McConnell-Burke has prepared a study dated January 31, 1991, wi th respect to Industrial Development, Policy #4, in the Port Townsend Comprehensive Plan. Considering the study as a whole 141 142 21. 22. 23. MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 1991, Cont. and other evidence, and considering the Gateway Plan, Shoreline Management Plan and the Urban Waterfront Plan, the proposed rezone indicates a net p~sitive effect to the citizens of the city. 19. The McConnell-Burke study is adoptf~d connection with this application. in in its entirety 20. If the rezone is granted, permissible industrial uses of the property can be limited by a concommitant agreement so that such uses include those adding balance to and are compatible with the local economy; do not deteriorate local natural resources; and provide jobs suitable for present and anticipated residents. Subject to conditions set forth belclw, the proposed rezone would be compatible with adjacent prcperties and uses. The City has received an environmenta:. checklist submitted by the applicant and has issued a Mitigated Declaration of Non- Significance. Actual development of t~e property will require further environmental review of each specific development proposal by submission and review of E!nvironmental checklists for each specific proposal. Traffic volumes from an industrial park would not differ greatly from those caused by residential development of this property. Traffic-related issues pertaining to Sims Way/Highway 20 are being separately addressed in the Gateway Development Plan. Based upon the foregoing Findings of Fact, the Board makes the following conclusions: 1. CONCLUSIONS: 2. 3. 4. 5. 6. The proposed rezone, as conditioned, is in the public interest in that there is a need for the types of uses proposed which would serve the publici the rezone is :1ecessary to serve these needs; it would promote the public health, safety, morals and welfare of the community; and this need will best be served by rezoning this site as conditioned below. The proposed rezone would not be a "spot rezone." The amount of land in Port Townsend presently zoned M-1 is not adequate to accommodate any significant growth in industrial development. Based on the Comprehens:L ve Plan, current zoning and current development, it is not likely that the goal to provide for industrial expansion set forth in the Comprehensive Plan could be achie'/ed if the site were developed for non-industrial use. N~ other site within the City appears to meet the industrial development policies of the Comprehensive Plan. The proposed rezone is consistent 'Ñi th the Port Townsend Comprehensive Plan related to the location and development of new industrial activities. The proposed rezone, as conditioned, ~l1'Ould be compatible with adjacent land uses and would not harDtfully impact the public services and facilities such as wate~, sewer, streets, fire protection and police. A substantial change in circumstances has occurred to justify the proposed rezone, based upon the up:iated Comprehensive Plan of the City adopted subsequent to thE! original zoning of the site, as well as the other plans set :Eorth in the Findings of I I II \ I I I MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. Fact, and due to the virtual exhaustion of available M-1 zoned property within the City. 7. As conditioned below, the proposed rezone should be granted. Based upon the findings of facts and conclusions, the Board hereby grants the rezone and directs that an appropriate ordinance be prepared for presentation to the city Council for the city of Port Towsend to implement the rezone, subject, however, to the following conditions: CONDITIONS A. Contract Rezone The rezone shall be conditioned upon execution of a contract between the property owners and the City, to be approved by Resolution of the City council prior to adoption of the rezone ordinance, which shall include adequate provisions for the following: 1. Compliance with all conditions hereinafter set forth. That the same will be binding upon and run with the! land. 2. 3. Compliance with all mitigating measures required by the SEPA Mitigated Declaration of Non-Significance issued in connection with this application. 4. Further environmental review of each development proposed within the site prior to issuance of any developmental permit of any kind. Approval by the City of a binding site plan, subdivision or planned unit development for actual development of the site, subject to such conditions as may be imposed in connection with such approval. 5. 6. Requiring by-laws and covenants, conditions and restrictions to apply to the property and to first be approved by the City Council to assure compliance with all conditions of the rezone if any part of th'9 site ownership or any interest therein is leased, sold or conveyed. 7. Such other provisions as may be required to implemEmt and assure compliance with the rezone as condition-3d and approved. B. Access Prior to adoption of the rezone ordinance, the applicant shall secure a dedication from the County to the City for public street purposes of the proposed right-of-way from Howard Street acrclss the County property to the site. C. Use 1. Those uses permitted outright in an M-l zoning district: shall be allowed, with the exception of the following: .alcohol and alcoholic .billboards as defined -cosmetics and perfume .crop or tree farming, including the sale of .drive-in theaters, .dry cleaning plants, beverage manufacture, in Section 17.08.445, manufacture, greenhouses, and truck products raised on the gardening, premises, 143 144 2. MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. .electric light or power generating station, .emery cloth or sandpaper manufacture, . enameling, japanning, lacquering, or plating or galvanizing of metals, . excavations, other than simple found~tions, .excelsior and fibre manufacturing, .explosives, ammunition, 'fireworks, g~npowder manufacturing, .fat rendering, production of fats anj oils from animal or vegetable products by boiling or distillation, .flour, feed and seed processing. .fertilizer wholesale or retail sales, .fuel oil and kerosene storage or sale, .hosiery manufacturing, .hotels and inns, .insulation material manufacturing or sale, .jails and penal facilities, .junkyards and auto wrecking, .landfills, for reclamation or disposal of trash and garbage, . laundries, steam, .meat processing and packing, .poultry dressing for sale, .radio and television broadcasting stations and masts, .rock crushing, .rodenticide, insecticide and pesticide mixing plants, .soap, detergent and washing compound manufacturing, .stone cutting, monument manufacturing and sales, .swimming pools, public or semi-private, .textile machinery manufacturing, .textile manufacturing, .tire recapping and retreading, .water and sewage treatment plants and water towers. 2. All manufacturing, assembly, repai]~ and production uses located on perimeter lots within the development shall restrict their activities to indoors. outdoor activities will be allowed on interior lots, provided they are enclosed by a security/safety fence of suitable strength and height. 3. All uses and associated activities that produce a noise level of 40 decibels or more, measured at the boundary of the development, shall restrict their ~ours of operation to between 7 a.m. and 8 p.m. D. Site Develoument 1. The perimeter of the site shall be maintained as a continuous 30' landscape buffer between adjoining properties and structures within the business park. Prior to any construction activity a perimeter l,~ndscape plan shall be submitted to the City Planning and Building Director. This landscape plan shall include the following: berms to be incorporated into the buffer; use of native plants and ground cover; planting of evergreen trees to meet the 8' minimum height specified in Municipal Code 17.16.030, that upon maturation provide protection from prevailing winds, and will provide a continuous SCJ:-een and backdrop for adjoining residences and those co:nmercial buildings which abut Sims Way; Retention of existing significant trees and vegetation. Minimum setbacks for all lots in the development shall be as follows: Rear yard: Perimeter Lots 40' from property line Interior Lots 20' froR, perperty line 20' from property line 10' from property line Front Yard: Side Yard: I I I I I I MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. 3. 4. 3. Prior to any construction activity a utilities master plan for the site shall be submitted for approval by the Public Works Director. All utili ties will be placed underground and connected to nearby existing underground utili ties. Dee:ign of water lines shall include protection of the existing 16111 water main which crosses the site, as well as provide water flow to the standards required for fire protection for industrial buildings. The applicant shall be required to participate in any water distribution improvements necessary to assure adequate water pressure in the surrounding neighborhood. The applicant's obligation shall be limited to the prorata proportion of such necessary improvements made necessary by the new water system demands made by the proposed business park. 4. Prior to any construction acti vi ty a drainage master plan shall be submitted for approval by the Public Works Director. The plan should detail the size and location of detention facilities, include biofiltration of storm water, and tlse any existing drainage swales. 5. The entrances to the site shall be designed and developed in accordance with the Gateway Design Guidelines. Special consideration will be given to the treatment of lig'hting, signage, surface textures and landscaping. 6. A common open space shall be developed on site tha't will provide an area for collection of recyclable materials and an area for passive recreation for employee use, which should include benches and landscaping. 7. Building heights shall be limited to 24' on perimeter lots. Buildings on interior lots may be allowed a 35' height, limit provided they are not visible from outside of the development. 8. The exterior of buildings wi thin the development shall be constructed of non-reflective or non-glare prcducing materials. 9. HVAC mechanical equipment that may be necessarily loca:ted on rooftops shall be screened from view or otherwise given an architectural treatment that will blend in with the rest of the structure. 10. Exterior lighting associated with buildings shall be oriented in such a way as to not create glare onto properties adljacent to the site. E. CIRCULATION/TRANSPORTATION 1. Primary access to the site shall be developed from Sims Way on Howard Street across vacant land currently owned by the County. 2. Prior to any development on the site, a left hand turn lane shall be developed on Sims Way to facilitate access to Howard Street and the site. The applicant shall be required to participate in funding the future signalization of Sims Way intersections in direct proportion to the traffic volumes generated by the business park. The rezone contract shall obligate the applicant to share in the cost of installai:ion of signal improvements on a pro rata basis. Emergency access to the site shall be developed off McPherson on 9th Street. All other traffic will only be allowed to access the site off of Sims Way on Howard Street. Public and employee parking for business within the sit!3 shall 145 , . ,J 146 MINUTES OF THE REGULAR SESSION OF' FEBRUARY 5, 1991, Cont. be restricted to between the buildings and the street. No parking areas will be allowed behind buildings of adjacent to the buffer. 5. Appropriate access for fire vehicles must be provided around each building in the business park. 6. A Transportation Master Plan for the site shall be submitted for approval by the Public Works Director. Interior street and street connecting to the site shall comply with City Street Standards and re?ommendation elf the Gateway Project. F. OPERATIONS 1. The applicant shall draw up a charter forming a Business Owners Association. All owners or IE!ssees shall be required to join the association. 2. The Business Owners Association shall be responsible for maintaining the perimeter buffer, comnon open space, building grounds, building exteriors. 3. The Business Owners Association shall implement a recycling program to help reduce the amount of paper, metal, glass and plastic products entering regional landfills. Indi vidual businesses shall be required to participate in recycling efforts. The Association shall contract with an established recycling operator to remove recyclable materials from the site. 4. site security will be handled by the Association or on an individual basif~. Owners Business 5. Subsequent owners or lessees shall comply with the above conditions. RECESS Mayor Pro-Tem Kenna declared a recess at 9:23 PM. reconvened at 9:37 PM. The meeting UNFINISHED BUSINES~i Townsend Meadows Landscapina Plan. Mayor Fro-Tem Kenna stated that a letter received today from James C Middlt::~brooks will be reviewed by Council at a future time: the issue if; related to landscaping and some drainage problems. Mr Wheeler ex:9lained his letter to Mr Johnson dated November 5,1990, requestinq hydrology calculations and other issues relating to drainage in this development which he is still waiting for. Mr Wheeler stated 1:hat he feels a drainage plan should be submitted before a landscaping plan can be approved. Discussion ensued as to whether this shou:.d be a landscaping or a drainage plan, whatever happened to the wHtlands restoration, why a landscaping plan is being discussed and a decision has been made to remand this to the Planning Commission. James C Middlebrooks was recogni2ed and gave a brief history of the project and its present status. Councilmember Westerman read a copy of the recommendations adopted by the Council on November 1, 1990, when this was remanded back to the Planning Commission. Mr Middlebrooks responded that his clients have not made an application for a resubdivision and that this should not have been remanded to the Planning Commission. After discussion wi 1:h Mr Harper, it was the consensus of the Council and the proponentfl that a meeting could be held to clarify these issues prior to the~ext meeting on February 19, 1991. BID AWARD See Page 147 I I I I I I MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. Chlorine. After recommendation by Mr Wheeler, Councilmember Jones made a motion that the Council accept the bid from Atocbem for liquid chlorine which was seconded by Councilmember CamfiE!ld and passed unanimously by voice vote. Generator. Mr Wheeler stated that time is needed to evaluate the bid is not exactly what was asked for. COMMITTEE REPORTS/STAFF REPORTS Community Services. RESOLUTION NO 91-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CLALLAM-JEFFERSON COMMUNITY ACTION COUNCIL. councilmember Westerman made a motion that the Council adopt Resolution No 91-07 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Street/Storm Drainage/Light. Councilmember Jones confirmed that a meeting has been scheduled for February 12, 1991, at 5:00 PM to discuss the John Doll Estate request. Parks/Property. Councilmember Camfield reported that the CoDlmittee has met and discussed the parks comprehensive plan with the Park Board and Mr Wheeler. The comprehensive plan and a maintenance and operation plan is being reviewed. councilmember Camfield scheduled a meeting of the CommitteE! for a final review of the parks comprehensive plan for February 11" 1991, at 5: 00 PM as well as herbicides, pesticides, fertilizers etc. being used at the Golf Course, the request by Mike Early concerning fees and extension of the lease. Councilmember Camfield also stated that progress being made on the City Dock building ~rill be discussed. Animal Control Shel ter. Councilmembers Clise and Westerman reported on progress being made by the County on a new shelter. RESOLUTION NO 91-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING ITS INTENT TO WORK WITH JEFFERSON COUNTY ON THE ISSUE OF ANIMAL CONTROL. Councilmember Owsley made a motion that the Council adopt Resolution No 91-08 which was seconded by Councilmember Celmfield and passed unanimously by voice vote. Pope Marine Building. Mr Wheeler reported that the bidding process is in progress and that the time schedule may be impossible 1:0 hold so the bid time period has been delayed and the project modified. Legislati ve/Environmental. councilmember Kenna made a motion that the Council issue a Mitigated Determination of Nonsignificance for Service Acti vi ties for the Port Townsend Motel which was sE!conded by Councilmember Jones and passed unanimously by voice votE!. The mitigating measures follow: 1. The existing non-conforming roof sign will be relocat,ed and places as a legal sign under Port Townsend Municipal Code 17. 34. 030 and shall be compatible with the mansard roof architectural design. 147 148 MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 1991, Cont. 2. Any mechanical equipment or communication dishes which would be located on the roof should be incorporated into the roof form and not be visible from adjacent residential properties. Councilmember Kenna made a motion that the Council issue a Mitigated Determination of Nonsignificance for rip-rap repair for Service Acti vi ties which was seconded by I:ouncilmember Jones and passed unanimously by voice vote. The mitigating measures follow: 1. The repair and maintenance of existing shoreline stabilization structures shall be improved only to provide protection from further shoreline erosion and not for the indirect purpose of creating land by filling behind the bu.lkhead or rip-rap areas. Any and all work or repair work done upon the property, including any part of the Front Stree1: right-of-way, shall be in compliance with all applicable laws, regulations and ordinances, and any other permits required for such work. Owner shall be solely responsible fOJ:' obtaining any and all permi ts for the work. Owner, on behal f of itself, its agents, contractors, officers and employees, agrees to hold harmless and indemnify the city of Port Townsend from any and all liability, claim, loss, damage, personal injury, death or any other liability whatsoever, in connection with or arising directly or indirectly out of the work to be performed and the repairs to be made by Owner upon the property or upon any part of the Front Street right-of-way, or which arise directly or indirectly out of the failure to comply with any applicable laws, regulations or ordinances or tJle failure to obtain or comply with any applicable permit. 2. Councilmember Kenna made a motion that the council issue a Mitigated Determination of Nonsignificance for development of boat storage area proposed by Port of Port Townsend which was seconded by Councilmember Jones and passed unanimo\;,sly by voice vote. The mitigating measure follows: 1. A short-term storm water drainage plan shall be developed and approved by the Public Works Director for the proposed ballasting areas. councilmember Kenna made a motion that the council issue a Mitigated Determination of Nonsignifica:~ce for a residential development proposed by Jim and Bobbi Riddle which was seconded by Councilmember Jones and passed unanimously by voice vote. The mitigating measure follows: A storm water drainage plan will be submitted to the Public Works Director prior to issuance of a building permit. The plan shall detail how to detain and disperse storm water runoff so that concentrated water leaving the site does not exceed pre-development volumes. Councilmember Kenna set a meeting of the Committee for February 6, 1991, at 5:00 PM to continue discussion with Vantage Homes. 1. Park Clean-Up. Mr Wheeler reported that clean-up efforts are still going on at Chetzemoka Park as well as oth~~r parks. Councilmember Kenna announced a benefit dance for ChetzE!moka Park, sponsored by Main Street, will be held on March 15, 1991, at the Legion Hall. A meeting will be held February 8, 1991, at 4:00 PM at the Uptown Tavern to discuss fund raising ideas. NEW BUSINESS Shoreline Master Plan Update -Aquaculture. Jim Pearson, Associate Planner, Jefferson County Planning and Building Department, was recognized and briefed Council on the ReCQnmended Revisions to the I I I I I I MINUTES OF THE REGULAR SESSION OF FEBRUARY 5,1991, Cont. Jefferson-Port Townsend Shoreline Management Master Program regarding Aquaculture presenting legislation and legal context, environmental information, and going through the proposed changes. RESOLUTION NO 91-09 A RESOLUTION AUTHORIZING APPLICATION FOR SECTION 306 COASTAL ZONE MANAGEMENT FUNDING FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY'S SHORELAND AND COASTAL ZONE MANAGEMENT PROGRAM. Mr Robison explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 91-09 which was seconded by Councilmember Westerman and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Clise announced that he will be absent for the next meeting on February 19,1991, as he will be out of town. A discussion of the Rose Theater building ownership and the! grant requirements ensued. Mr Harper will be reviewing the state laws that govern this project. EXECUTIVE SESSION Mayor Pro-Tem Kenna recessed the meeting into Executive Session to discuss pending litigation including Keith Harper, David Grove, and Robert Wheeler at 11: 45 PM. The meeting was reconvened at, 12: 14 PM. UNFINISHED BUSINESS withdrawal of a Mitigated Determination of Nonsignificance. Councilmember Camfield made a motion that the Council withdraw the mitigated determination of nonsignificance for parkview Plat, Vantage Homes which was seconded by Councilmember Westerman and passed unanimously by voice vote. Councilmember Jones had IHft the chambers and did not participate in the vote. ADJOURNMENT There being no further business, Mayor Pro-Tern Kenna declared the meeting adjourned at 12:15 PM. 63:t2!W Mayor Or Attes¡~ ~ MINmmES-IDFemHHrãEGULAR SESSION OF FEBRUARY 19, 1991 The City Council of the City of Port Townsend met in regular session this Nineteenth day of February, 1991, at 6:30 PM in the Council Chambers of City Hall, Mayor Pro-Tem Michael Kenna presiding. ROLL CALL councilmembers present at Roll Call were Jean Camfield, "[ichael Kenna, Julie McCulloch, Norma Owsley and Sheila Wes1::erman. Councilmembers John Clise and Vern Jones were excused. Also 149