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HomeMy WebLinkAbout10/15/1991 I I I MINUTES OF THE REGULAR SESSION OF OCTOBE~ 15, 1991 The City Council of the City of Port Townsend met in regular session this Fifteenth day of October, 1991, at 7:00 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 l"[ichael Hildt and Public Works Director Robert Wheeler. PRIORITY ITEMS Janet Camp, representing Community Action Council, was recognized and reported to Council that a planning only grant was received for a Fair Housing Plan in the amount of $24,000 and that the ~rork is being completed. Councilmember Kenna made a motion that the Council appoint Roy springer as the staff person to serve as the contact point for information which was seconded by Councilmember Westerman and passed unanimously by voice vote. Ms Camp rE!ported that the next objective is to develop a request for a proposal process for providing weatherization and repair servic~:!s for eligible low and moderate income residents and then to develop a work plan to achieve timely and efficient completion of work. When the planning is complete, they will apply for larger funding in the form of a community Development Block Grant for the project:. Jack Westerman, Jefferson County Assessor, was recogniz,ed and presented the projected impact of Initiative 559 on 1991 assessed values of sample properties in Port Townsend and Jefferson County which showed that in 1992, about 50% of taxpayers will pay higher taxes due to initiative 559 while about 20% will pay less and 30% will be close to what it would be under existing tax law. During discussion, Councilmember Westerman made a motion that the Council urge voters to study this issue carefully before voting which was seconded by Councilmember Camfield. After further discussion, the motion was held until later in the meeting to allow the City Attorney to review the legality of the motion. PUBLIC COMMENTS Joyce Cox-Webb was recognized and made some suggestions for changing proposed Peninsula Tours Franchise Ordinance No 2~~61. Mr Harper commented that he had been going to recommend that Ordinance No 2261 be tabled because he had been told that Peninsula Tours has a WUTC Carriers License which may make the ordinance unnecessary. Vartkes Tatarian, owner of a transportation service in Port Townsend, was recognized, stated that he had not known that a franchise was required and opposed the need for a franchise ordinance. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1t:ems on the Consent Agenda including a correction where Initiative ~)59 was typed as 551 in the minutes which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the Minutes for ?ctober 1, 1991, as corrected ~,ithout reading. Approval of the following Bills and Claims: 'Current Expense Street $ 42,385.74 7,278.53 325 326 MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. Library Park Hotel/Motel Emergency Medical Services Capital Improvement Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 49.02 865.67 1,720.14 80.64 5,731.00 33,570.09 142,286.92 670.43 5,779.76 290.25 $240,708.19 Setting Hearings: Elks Lodge Rezone for October 29,1991 Boundary Line Adjustment Ordinance for November 5,1991* Child Care Ordinance for November 5, 1991* *these two hearings were changed to November 19, 1991, per motion made later in the meeting by Councilmember McCulloch. 1992 Budget Hearing for December 2, 1991 at 7:00 PM Adoption of Resolution: RESOLUTION NO 91-77 A RESOLUTION AUTHORIZING THE cr~Y COUNCIL TO SET A FINAL ASSESSMENT ROLL HEAR1NG FOR LID #2 57TH STREET ROAD IMPROVEMENTS. The date for the hearing is set for November 5,1991. Communications: A letter dated September 30, 1991, from Brenden McFarland, Environmental Review Section, Department of Ecology, commenting on the determination of nonsignificance to rezone site and construct a 15,000 square foot Elks Lodge and paved parking for 75 cars was copied for Council. A memorandum dated September 30, 1991, from Ila Mikkelsen, Jefferson County Treasurer, to All Taxing :~istricts, stating that if Initiative 559 - Property Tax Rollback pélsses in November, there will be no revenues to distribute in 1992 'Nas copied for Council. A letter dated October 1,1991, from Dave Robison, Planner, to Bob Alford, Superintendent, Port Townsend Scho,)l District, soliciting comments from school officials on the Elk'::; Lodge rezone proposal was copied for Council. A letter dated October 1, 1991, from Brent E:hirley to Douglas Franz expressing appreciation for service to the citizens of Port Townsend was copied for Council. A letter dated October 1, 1991, from Sherry Appleton, AWC Board Member At Large, Western Washington, asking for submission of names of persons who would like to serve on one of the three Regional Mediation Boards was copied for Council. A letter dated October 4, 1991, from Brian Ebersole, Majority Leader, Washington State House of Representati ves , requesting support for the 1992 Omnibus Bill on Domes':ic Violence was copied for Council. A memorandum Finkelstein, dated fr-om Stan October 7, 1991, I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. Executive Director, Association of Washington Cities, requesting help to defeat Initiative 559 - the property tax rollback was copied for Council. A letter dated October 9,1991, from Timothy witten clarifying the current status of his "Free Bikes for P.T." program was copied for council and referred to the Finance Committee. A letter dated October 1,1991, from Shirley A Peterson requesting that her street vacation hearing be rescheduled for January was copied for Council and referred to the Public Hearing. A letter dated October 10, 1991, from Samuel R Kyle, Preside!nt, Mt Baker Block Building in support of Conditional Use Permit 9106-01 for Robert Harrison and Carol Miller was copied for Council and referred to the Public Hearing. A letter dated October II, 1991, from Randall Maag, President:, Port Townsend Chamber of Commerce stating that the Trustees of the Port Townsend Chamber of Commerce approve the concept of the Chamber/ Main Street sandwich board sign monitoring and enforcement program was copied for Council. A letter dated October 11, 1991, from Randall Maag, President:, Port Townsend Chamber of Commerce stating that the Chamber of Commerce passed a motion including a copy of the Draft Affordable Housing Concept Plan from the Chamber's Affordable Housing Committee and requesting that the Council create a similar ordinance was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS Conditional Use Permit 9106-01 -Harrison/Miller. Councilmember Westerman offered to leave the Council Chambers if anyone felt that since she lives across the street from the building, she would not be unbiased. Robert Harrison was recognized and did not ob~ject to Councilmember Westerman taking part. Since there weœe no. objections, Councilmember Westerman remained in the chambers. Mr Hildt reviewed the findings, conclusions and conditions of the planning Commission recommending approval of the permit. Mayor Shirley opened the hearing to the Public. Sam Kyle was recognized and spoke in favor of the proposal but stressed his concerns for a long-term solution for parking problems in the Downtown area. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. }.fter a brief discussion, Councilmember Camfield made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit 9106-01 which was seconded by Councilmember Kenna and passed unanimously by voice vote. Findings 1. The applicants proposed to establish ground level retail storefronts, a restaurant and an 11 unit hotel in an existing commercial building located at 237 Taylor Street in thE~ C-III zoning district. Hotels are a conditional use in this zoning district. 2. The subject property is located on the west side of Taylor Street, between Water and Washington Streets. The building is currently used by a fraternal and social organization: the Benevolent and Protective Order of Elks. The surrounding uses are primarily commercial, with extensive retail activity in the immediate area. The building was constructed in the 1890's, and is listed on the National Register of Historic Places. No expansion of the building is proposed. 327 328 MINUTES OF THE REGULAR SESSION OF OCT03ER 15, 1991, Cont. 3. The Historic Preservation Commission has determined preliminarily that the renovation design of the Elks building will contribute to the Port Townsend~istoric District. 4. The following basic parking requiremE~nts would apply to the proposed project: Hotel Retail = 1 parking space per sleeping unit = If the total area is less than 5,000 square feet, 1 parking space per 300 feet of gross floor area = 1 parking space = 1 parking space = 1 parking space Meeting Space Restaurant Bar per 100 square feet per 100 square feet per 100 square feet 5. The building is located in both the Dmrntown parking District, and the National Historic District. In addition, the building has been individually listed on thE! National Register of Historic Places, and was identified as a primary building on the map which accompanied the certification of the Port Townsend Historic District. Pursuant to sec. 17.30.200 of the municipal code, identification as an h:Lstoric building reduces the parking requirement to seventy percent of the total required, or 39 spaces. Hotel (10 rooms / 1 space per room) Resident Managers Apartment (1 room / 2 spaces per unit) Retail' (700 sq. ft. / 1 space per 300 Restaurant (1,108 Sq. Ft. / 1 space per 100 sq. ft.) Meeting Room (800 sq. ft. / 1 space per 40 sq. ft.) = 10 = 2 = 2.5 sq. ft.) = 11.08 spaces spaces spaces spaces 20 spaces = Subtotal = 45.58 or 46 spaces 46 x .70 32.2 or 32 spaces = Required parking for new use = 32 spaces 6. section 17.30.050 of the Municipal Code provides that the parking requirement of a new use can he reduced by the number of spaces required for the pre-exist,ing use as if the pre- existing use had been established pursuant to the current code. The pre-existing use requiremer.t of the building was as follows: 280 sq. ft. Office (1 space per 400 square feet) 1,108 sq. ft. Dance Hall (inclu¿~s (1 space per 200 square feet) 1,000 sq. ft. Bar (1 space per 100 sq. ft.) 10.0 spaces 800 sq. ft. Meeting Room (mezzanine) (1 space per 40 sq. ft.) 20.0 spaces 2,000 sq. ft. Restaurant (includes kitchen) (1 space per 100 sq. ft.) ~ spaces .7 spaces restrooms) 5.5 spaces Total pre-existing 56.2 or 56 spaces The Parking requirement would be computed as follows: Required parking for new use (sE!e above) less pre-existing use requiremer~ Required parking for new use = 32 spaces - 56 spaces -24 or 0 spaces I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. 7. For uses located in buildings that were constructed prior to 17 August 1971 in the Downtown Parking District c,r the commercial zones wi thin the National Historic Distric"t, the off-street parking requirement is reduced by ten parking spaces. For the proposed project, the reduction would be calculated as follows: Hotel (see above) less 10 parking spaces (sec. 17.30.050 (E.» Required parking for new use = 0 spaces - 10 spaces - 10 or 0 spaces 8. No off-street parking spaces are currently available on the subject property. The proposed use will not eliminate or restore anyon-street spaces. 9. Current parking demands in the immediate area are not addressed adequately by existing on and off-street parking. Surrounding uses regularly create overflow parking demands in the area of the proposed project. On busy summer weekends, tourist-generated vehicular traffic creates serious impacts on the available parking supply. Increasing development pressures in the immediate area can only increase demands on an inadequate parking supply. 10. Al though there is no minimum parking requirement for the proposed project, the applicants acknowledge that parking will be necessary. As such, the applicants have submi1:ted a binding legal agreement that provides for the use of 10 parking spaces located at the side and rear of the Coast to Coast Hardware Building, 237 Taylor Street, Port Townsend. 11. An adjacent use to the proposed project is the Back Alley Tavern. The Back Alley is a popular night spot which often features live music during evening hours. Guests of the proposed hotel may be disturbed by noise generated from the Back Alley. Conclusions 2. 3. 4. 5. 1. The proposed hotel use of the subject building would not endanger the public health or safety, and would not create a nuisance to the surrounding neighborhood, provided that adequate vehicular parking is available for hotel guests. The proposed use would be required to meet all the conditions and specifications set forth in the C-III zone in which the property is located, except for those legal, non-conforming conditions that were in existence prior to the enactment of the Port Townsend zoning code of 1971. The proposed use would not be injurious or detrimental to adjoining or abutting property. The proposed restoration of the historic Elks building, and the increased puþlic amenity offered by this project would enhance the commercial district, and the community at large. Therefore, the location and character of the proposed hotel would be in har~qny with the area within which it is located. The proposed l1q~ß¡ will be subject to high evening noise levels generat~~ þy musical performances at the Back Alley . I .. Tavern durlng weekend and evenlng perlods. , I In consideration of the aforementioned findings and conclusions, the Port Townsend City Council grants the above-refeœenced application as conditioned: 329 330 MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. 1. The final design of exterior al terat;ions, additions and/or signage will be subject to final review by the Historic Preservation Commission prior to issuance of the conditional use permit. 2. Prior to issuance of a certificate of occupancy, the premises shall be inspected and approved by the Washington State Fire Marshal. 3. Ten parking spaces shall be provided for the guests of the proposed hotel. These spaces shall be located wi thin the Downtown Parking District. Signage shall be used to identify the spaces, and indicate that they are reserved for the use of guests of the proposed hotel on a 24 hour basis. Two parking spaces shall be provided for the resident manager of the proposed hotel. These spaces shall be located within the Downtown Parking District. Sic,;'nage shall be used to identify the spaces, and indicate that they are reserved for the use of the resident manager on a 24 hour basis. 4. 5. The proposed use shall comply with 1;hese Findings of Fact, Conclusions and Condi tions. In case of any conflict, Condi tions shall prevail over Findi:r1gs in interpreting or applying the same. 6. This Conditional Use Permit shall not become effective until a restrictive covenant is executed and recorded by the City Attorney setting forth all of the conditions of this permit to run with and be binding upon the land. Zoning Ordinance Amendment (Rear Setbacks), Mr Hildt reviewed the Zoning Ordinance Amendment. Mayor Shirley opened the hearing to the Public. There being no testimony, Mayor Shirley closed the hearing to the Public and turned to the Council for disposition. After discussion, it was the consensus of the Council that it be continued to a later date. Street Vacation Application 9102-04 -Peter:iQn. Mr Hildt noted the letter from Mrs Peterson asking that this h'3aring be extended until January, 1992, and suggested that the Peter sons reimburse the costs of notification of the hearing. since th3 Hearing has been duly advertised, Mayor Shirley opened the hearing to the Public. Walter Addie was recognized and opposed the pr'oposed street vacation stating that there are two or three homes CJoing to be built in the area and that other streets in the area are narrower than the street proposed to be vacated and that the wider street is needed for police and fire protection. Brian Gaboury was recognized and opposed the street vacation stating that the right-of-way is now being used for a turn-around and provië.es rear access to the neighboring property. Ivan Hickenbottom was recognized and opposed the vacation stating that to vacate the street would put an overload on a very narrow street. T~ere being no further testimony, Mayor Shirley closed the hea)~ing to the Public and turned to the Council for disposition. Councilmember Clise made a motion that the hearing be continued until January 21,1992, which was seconded by councilmember Jones. Mayo]:" Shirley clarified that the whole hearing will be re-notified. The motion passed unanimously by voice vote. UNFINISHED BUSINES~; Amendment to Sign Code. Mr Hildt rev:~ewed the process that resul ted in this ordinance and noted a letter from Main Street dated September 30,1991, and a letter fro~ the Chamber of Commerce dated October 11,1991, stating their willingness to work with the city and the businesses regarding the sandwich board signs. Ron I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. Olsen, Chamber of Commerce and Sherri Robison, Main street, were recognized to be present to answer questions. ORDINANCE NO 2265 AN ORDINANCE RELATING TO ZONING AND SIGNS; AMENDING SECTION 1 OF ORDINANCE 2249 AND SECTIONS 17.50.050, 17.50.060, 17.50.080, AND 17.50.180 OF THE PORT TOWNSEND MUNICIPAL CODE; AUTHORIZING SANDWICH BOARD SIGNS UNDER CERTAIN PRESCRIBED CIRCUMSTANCES; ELIMINATING RESTRICTIONS ON THE HEIGHT OF SIGN LETTERS; INCREASING THE TIME ALLOWED FOR REMOVAL OF CERTAIN NON-CONFORMING SIGNS AND NOTIFICATION OF SAME; AND ESTABLISHING AN EFFECTIVE DATE. After a brief discussion, Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by" voice vote. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2265 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. civil Infractions Ordinance No 2260. Mr Harper recommended that this ordinance be tabled to another meeting. Councilmember Owsley made a motion that this ordinance be tabled until Novemblar 19, 1991, which was seconded by Councilmember Jones and passed unanimously by voice vote. Peninsula Tours Franchise Ordinance No 2261. Mr Harper recommended that this ordinance be tabled until the Washington Utilities and Transportation Commission (WUTC) Licenses for Peninsula Tours and Mr Tatarian can be checked. After discussion, which included the applicant, Mr Hildt stated that the Planning Departmen1: will consider a WUTC license to be equivalent to a franchise agreement for the purposes of the sign code. Councilmember Kenna :made a motion that this ordinance be tabled until November 19,1991, which was seconded by Councilmember Westerman and passed unanimously by voice vote. Seaview Sewer Construction Sign-off. RESOLUTION NO 91-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ACCEPTING SEAVIEW SEWER LID #1 CONSTRUCTION. Mr Wheeler explained the resolution. Councilmember Westerman made a motion that the Council adopt Resolution No 91-75 whÜ::h was seconded by Councilmember Jones and passed unanimously by voice vote. Street Vendor Ordinance. Mr Hildt explained the process of the proposed ordinance to date. After a lengthy discussion, i t ~ras the consensus of the Council to table the proposed ordinance to November 19,1991, when a new draft can be considered. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. Councilmember Jones reported that the Committee had met and discussed the letter from Amy Limber requesting that Redwood and E Streets be improved and that the Commi ttee recommended that a Local Improvement District be f()rmed. '-... 331 332 MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. councilmember Jones reported that the ComDlittee recommends that a Public Hearing be held for the extension 0:: the Cable TV franchise that was requested by Port Townsend Cable TV. The Committee also recommended that Forest, Shomer be contacted to check the trees in the right-of-way of Eddy and 20th Streets in response to the letter from William Beckel'. The Committee has requested that the Public:: Works Department check the landscaping on the Quincy Street right'-of-way at the corner of Quincy and Taft Streets as requested by neiqhboring property owners and a request for signs restricting beach access at North Beach. Councilmember Owsley made a motion that i:he Council approve the route as presented for the walking tour by Guided Historical Tours which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Jones stated that an ordinanl~e dealing with the need for an address prior to water service is in progress. Councilmember Jones requested the Mr Wheel4~r report on the Kearney Street Reconstruction Project. Mr Wheeler stated that the City has recei ved notification that the Federal Hiç,hway and Works Adminis- tration has authorized initial funds for the Kearney Street Project for the design work which will be done by ~refferson County as they have the certification required by Federal Aid monies. Mr Wheeler updated the Council on the status of proposed Street Standards. A brief discussion of the request to restr:Lct beach or view access from the ends of streets in North Beach ensued in which it was stated that the street ends are not to be restricted areas. Affordable Housing. Councilmember Westerman noted that the report from the Chamber of Commerce Committee on Affordable Housing has been received. Water Alternatives Workshot>. Councilmember McCulloch reminded Council of the all day Water Alternatives ~orkshop on the Future of Port Townsend's Water System set for Oc't:ober 17, 1991, at the Jefferson County Fairgrounds. Wastewater Treatment Plant. Mr Wheeler reported that work is progressing and that they are planning en going for bids about November 15,1991 which will be opened about January 15, 1992. Biosolids. Mr Wheeler reported that various alternatives for the disposal of biosolids until the treatment plant is on line are being pursued since the Jefferson County Lë,ndfill will no longer be able to handle it. puget Power. Mr Wheeler reported that puçret Power is progressing on its highline project and they are workirlg with the City because of concerns about capacity lines and upcoJling bad weather. Gateway Triangle. Mr Hildt reported that the Gateway Triangle Park project is going ahead. Three alternatives were developed with interested people and business owners in the area. These were reviewed by the Parks Board which came up with another alternative. A packet will be worked up for Council as soon as possible. Parks/Property. Councilmember McCulloch reported that she has a meeting with several of the people who h,:¡ve been working on the Triangle Park to discuss final financing. Councilmember Camfield stated that she would confer with Councilm3mber McCulloch and then set a meeting of the Committee for October 30,1991, at 5:30 PM to I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. discuss the funding and plans for the Triangle Park, thø Golf Course and playground equipment. Minor Construction Policy. Mr Hildt reported that he and the Building Official are trying to develop a Minor Construction Policy for projects that may not need building permits. Proclamation. Mayor Shirley proclaimed Earl Fisher as the Mayor of North Beach for his work on the 57th street LID. Finance Committee Agenda for 1992 Budget. Mr Grove announced that the proposed agenda for the Finance Committee Budget meeting on October 22, 1991, starting at 6:00 AM are on the councilmembers desks this evening. Pink House. Mr Grove reported that the request for proposals on the Pink House requires more advance notice than planned and that a revised schedule will be forthcoming. NEW BUSINESS Ordinance Ramping Down Tax on Telephone. ORDINANCE NO 2266 AN ORDINANCE REDUCING THE UTILITY BUSINESS TAX UPON TELEPHONE BUSINESSES, BY AMENDING PRIOR ORDINANCES AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove explained the need and read the ordinance by title. Councilmember Kenna made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Kenna made a motion that the Council adopt Ordinance No 2266 which was seconded by Councilmember Jones and passed unanimously by roll call vote. Resolution Authorizing Contract with Personnel Tech. RESOLUTION NO 91-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A CONTRACT WITH PERSONNEL TECH, INCORPORATED. Mr Grove explained the resolution. Councilmember Clise ¡nade a motion that the Council adopt Resolution No 91-76 which was seconded by Councilmember Jones and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Initiative 559. After hearing advice from the City Attorney and a brief discussion, Councilmember Westerman withdrew her previous motion. Change date of Hearings. Councilmember McCulloch made a motion that the hearing date for the Boundary Line Adjustment Ordinance and the Child Care Ordinance be changed from November 5,1991, to November 19,1991, which was seconded by Councilmember Owsley and passed unanimously by voice vote. 333 334 MINUTES OF THE REGULAR SESSION OF OCTCBER 15, 1991, Cont. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve Session to discuss pending litigation including Keith Harper, David Grove, and Robert Wheeler at 10:11 PM. The meeting was reconvened at 10:27 PM. RECESS Mayor Shirley recessed the meeting until 7:00 PM on October 29, 1991, at 10:27 PM. MINUTES OF THE CONTINUED SESSION OF OCTOBER 15,1991 The City Council of the City of Port Tmrnsend met in continued session this Twenty-ninth day of October, 1991, at 7:00 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-TreaBurer David Grove, City Attorney Keith Harper, Director of Planni~g and Building Michael Hildt and Public Works Director Robert WhE~eler. PRIORITY ITEM Adoption of Shoreline Amendments. Jim Pearson, representing Jefferson County, was recognized and reviE~wed the recommendations for the Jefferson-Port Townsend Shoreline Management Master Program revisions. RESOLUTION NO 91-7f ADOPTION OF A REVISED JEFFERSON--PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM. After a discussion of conditional use perm.its for the bunkering of oil transshipment ships and barges in th3 harbor, Councilmember Clise made a motion that the Council adopt Resolution No 91-78 which was seconded by Councilmember Kenna and passed unanimously by voice vote. . PUBLIC COMMENTS Laurie Stewart was recognized and noted his letter to the Council requesting help from the City in stopping drinking parties which includes a lot of noise, bonfires and litter in the area of Cappy's Trails and asked about a policy for platted but unopened streets. Mayor Shirley stated that the Police Department will be asked to respond to the letter with a copy to himse!lf which will be passed on to the Council. Kathryn Jenks was recognized and thanked t~he City for the help in the State Environmental Policy Act workshop last week that was very helpful to all who attended. PUBLIC HEARING Rezone Application No 9104-05 -Elks Lodge. Mr Hildt reviewed the findings, conclusions and conditions of 'the Planning Commission recommending approval of a contract reZOnE!. Mayor Shirley opened the hearing to the Public. Jim Wilson.. chairman of the Elks Building Committee, was recognized and spoke in favor of the I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. application and thanked staff for all the work done. John F'ields, Past Exalted Ruler of the Elks, was recognized and spoke in favor of the application stating that the site is eight to ten blocks from the schools and that most of their activities are during evening hours when school children would not be on the streE!ts and with the Lodge out of the downtown, there would be more downtown parking for other activities. Kathryn Jenks was recogrnized, questioned the amount of impervious surface; "cumulative impact" on the neighborhood; the need for recreational vehicle parking; the vegetative buffer and stated that she feels the project needs further study. Michael Anderson, the engineer for thE~ Elks project, was recognized and stated that a detailed study of the drainage plan will be submitted prior to the application for the conditional use permit and that Ms Jenks questions will be answered at that time. Mayor Shirley closed the hearing to the Public and turned to the Council for disposition. Letters from Ron Sch.uttie, favoring the proposal, 0 Frank and Onda R Kilham, and Gerald Adams opposing the proposal were read. A lengthy discussion of the Recreational Vehicle parking, a traffic plan, landscaping plan, storm drainage, the difference between this proposal and the number of single family homes which could be built on the property, and comments from the City Attorney ensued. Chet Harper was recognized and reported that there are about 750 members of the Elks Lcldge of which about 535 live within 35 to 40 miles and that there arE! about 75 active members, of which 55 to 60 are already using Dis:covery Road. After further discussion of traffic patterns, Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and grant a contract rezone which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings of Fact 1. The Benevolent and Protecti ve Order of Elk's LodgE~ # 317 (Elks), propose to establish a 15,000 square foot Elk's Lodge with paved parking at 2302 Discovery Road in the R-IA zoning district. Lodges are not allowed in the R-IA zoning district. Consequently, the applicant requests that the site be rezoned to a R-III zone, in which the proposed lodge could be permitted with a conditional use permit. 2. A conditional use permit is a separate process from the rezone process and requires that the Planning Commission and City Council evaluate the potential impacts the proposed use will have on the surrounding neighborhood in terms of traffic, parking, noise, view obstruction, and other factors. The Elks Lodge, could be allowed, upon approval of a conditional use permit, in the following zoning designations; P-I, R-III, C-I, C-II, C-III, M-I, and M-II. 3. When examining a rezone, the Planning commission and City Council will evaluate, among other factors, whether there is a need for the proposed zoning change, whether the proposed change is consistent with the goals and policies of the city's Comprehensive Plan and zoning code, and whether the proposed change would be compatible with adjacent properties. The City received a letter dated February 20, 1991 from Ron Schuttie, current owner of Lots 3 and 4, Block 11 of the subject property, stating his support for the rezone and the ul timate development of the site as an Elk's Lodge 0' The remaining portion of the subject property is owned by Doris Yesberger, who also supports the rezone application by the Elks. 4. 5. The site is described as Lots 1-6 and 14-16 of Block 10; Lots 1 and 10-16 in Block 11; Lots 1-16 of Block 12; and Lot 1 of Block 13 along with those portions of the adjacent vacated 335 336 10. MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. streets and alleys in the Phillip's }ddition to the City of Port Townsend. 6. The site is bounded to the south by Discovery Road, to the north by the Towne Point planned unit development, and to the west by undeveloped Eddy Street. The :::ite is surrounded by R- IA zoning. There are adequate water and sewer lines nearby the subject property. There are no fire hydrants in the immediate area that could serve the subject property. The applicant has agreed to pay all cost::, for connecting to the City water and sewer lines and provision of necessary fire hydrants. 7. The applicant has submitted a site/plct plan, dated August 6, 1991, for the proposed Elks Lodge. Tctal acreage of the site is approximately 6.2 acres. The applicant proposes to establish a 15,000 square foot Elks Lodge building and a paved parking area for 75 cars. Sixty-five to 75 percent of the site would be covered by impervious Burfaces. The proposal also anticipates the development of a short-term (overnight) parking area of about 2.5 acres, possibly for RV usage (without hookups), and a small recreat,ional area for member's use at the southwest corner of the sit,e along Discovery Road. The land is flat and is currently used as pasture land. A residence and barn also currently exist on the site. 8. section 17.16.010 of the Port Townsend Municipal Code (PTMC) outlines the purpose of each zoning district. The purpose of an R-IA zone, which is the current zoning of the subject property, is as stated, "Exclusively a single-family residence district with adequate plot areas required and including the customary accessory secondary uses, wi th agricultural use also allowed." The purpose of an R-III zoning designation, which is the proposed zoning for the site, i:; defined as, "Primarily a multiple-family residence district Hith adequate plot areas required and including some single-family residences and the customary accessory and secondary uses." 9. section 17.16.010 of the Port Townse:1d Municipal Code lists the uses which are permitted in the véœious zoning districts. The uses which are allowed in the R-III zoning district, as either permitted or conditional uses, which are not allowed in the R-IA zoning district are listed as follows: Permitted . Apartment House Apothecary shop operated within a hospital, clinic or physicians' office catering Establishments Clinics Convalescent/nursing homes as a home occupation Two-family dwelling Incidental keeping of non-trë,nsient boarders by a resident family. Conditional . Assembly Halls Colleges, business colleges, tré,de schools Convalescent and nursing homes for children or the aged Multi-family Dwelling Hotels not catering to transien1: guests Libf~f~~~ f museums, art galleriE~s Lodges; soo¡alorganizations Trailer Camps Undertaking establishments, mor1:uaries, funeral homes Currently there is a limited amount of R-III zones in Port Townsend. Three R-III areas are located in the uptown I I I I a. b. c. d. e. I f. g. h. I MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. district of Port Townsend and are largely built-out. }.ll the other R-III areas are too small to accommodate the proposed Elks Lodge, with the exception of a R-III area located. south of sims Way between Thomas and McClellan Streets. However, this area is constrained for development by a steep ravine, which is designated an environmentally sensitive area in the 1983 Comprehensive Plan, and by other existing developDlent in the area. There does not appear to be any R-III sites available to accommodate the proposed use. However, thE!re are other commercial and industrial zoned areas in the city which could accommodate the proposal. 11. The goals and policies of the city's ComprehensivE~ Plan provide policy guidance as to whether a rezone is needed and in the public interest. As stated in the ComprehensivE! Plan, "Multifamily housing (R-II and R-III) should be permit.ted in the city if such housing meets the following performance and locational standards: It should be compatible with surrounding neighborhood residential character in scale, height, mass and material. It should be located to minimize traffic generation and turning movements. It should provide 100% on-site screened parking. It should be restricted from being used as a buffe~r between other land uses as a determinate of location. It should be located and constructed in such a manner a.s to preserve views of and from adjacent and surrounding structures. It should be restricted from designated sensitive areas. It should be located in areas with suitable drainage, slopes, soils and utilities. It should be located so as to have a minimum negative impact on adjacent and surrounding areas. The goals and policies of the city's Comprehensive Plan also provide policy guidance as to whether a rezone is needed and in the public interest with respect to commercial uses. Al though the proposed use is not exactly a commercial use, the proposed use should be permi tted in the ci ty undE~r the commercial development policies contained in the City's Comprehensive Plan which include the following: a. Commercial development should be located in areas where a reasonable demand can be expected for community oriented needs or to provide tourist-oriented services.. Strip commercial development along roads and highways leads to unnecessary traffic congestion, automobile accidents, proliferation of signs and the diminishment of adjacent property values; therefore, commercial development should be located adjacent to existing commercial development in a block-like fashion, or at the intersection of two or more arterial streets, or within a planned unit development. Commercial developments should provide parking and off- street loading areas sufficient to service the size and type of the proposed business. Such parking and loading areas should be well-lighted and well-drained. Parking and loading areas should be jointly used wheneveœ possible as a means of conserving land and reducing commercial development costs. Driveway accesses for parking and loading areas should be located and designed in such a way that any vehicle entering or leaving such premises is clearly visible for a reasonable distance to any pedestrian or motorist$ approaching the access. b. c. d. 337 338 g. h. k. MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. e. Parking areas and access points shOllld be located and designed in such a manner that nay vehicle leaving the premises onto a road will be travelling in a forward motion. Commercial development should be adeqllately screened, or separated from adjoining and differin~ land uses such as nearby residences. Signs associated with commercial development should be kept to a minimum in siz~ and number. Signs should be designed and located with regard to aesthetic considerations, and erected for the primary purpose of giving information or direction. Commercial land or buildings should he used in a manner which does not create dangerous, injurious, noxious, or similar conditions which would adverfiely affect the use or value of adjacent areas or proper1:ies. Commercial activities should not '3mit dangerous or objectional noise, odors, radioactivity, vibrations or glare. Commercial developments should make adequate provision for removal of trash or rubbish, as "Hell as dilapidated apparatus and vehicles. Development of Port Townsend's visitor services potential should be encouraged. Unavoidable impacts which may result from the proposal could include the degradation of area's country-like setting and the existing open space qualities of the site. In addition, the proposed lodge would be open to late night use and can be expected to engage in, acti vi ties such as dance and other social events which may disturb nHarby neighbors. Peak traff ic to and from the site mêlY also impact nearby properties. f. i. j. 12. 13. Access to the subject property and the existing farmhouse is from Discovery Road. Discovery Road has an existing roadway width of 22 feet. On July 2, 1991 the City Council approved Ordinance #2248, which establisheB an interim property setback, 60 feet from centerline, along Discovery Road. The ordinance states "Existing arterial rights-of-way are inadequate to accommodate projected vehicular and pedestrian traff ic" and that" in numerous locaticns (e. g. Discovery Road) insufficient width has been dedicated to accommodate safe bicycle and pedestrian travel in addition to motor vehicle travel and parking." It is anticipa1:ed that future widening of Discovery Road to meet arterial roadway standards will probably require right-of-way acquisition by the city. The site/plot plan indicates that primary access would be from a 30 foot driveway on Discovery Road. The applicant proposes to widen Discovery Road at the propm;ed entrance and provide a separate left-turn lane northbound into the site. This would also include a realignment o:E 14th Street with the proposed entrance to the site. In addition, the applicant would dedicate 30 feet north of the centerline of Discovery Road, along the entire frontage of 'the property for future roadway improvements. A preliminary traffic plan conducted for the proposal during State Enviromr.ental Policy Act review, indicates that 171 trips per day wou:.d be generated from the proposal. 14. 15. Using the density standards under thE! current R-IA zoning of the subject property, it may be possible, with the dedication of the few vacated streets, to con::;truct 38 single-family dwelling units on the site. In comparison with the proposed lodge, 38 homes would generate appri)ximately 380 trips per day. I I I I I I 16. 17. 18. 19. 20. 21. 22. MINUTES OF THE REGULAR SESSION OF OCTOBER 15,1991, Cont. The City Council has issued a Mitigated Determination of Nonsignificance, dated September 17,1991, after review of the Environmental Checklist submitted by the applicant pursuant to the Washington State Environmental Policy Act (SEPA). The city received two letters from neighboring property owners expressing their opposition to the rezone and to the proposed Elk's building: one letter dated August 26th 1991 from Gerald Adams; and one letter dated August 22, 1991 from o. Frank Kilham and Onda R. Kilham. The applicant states that the rezone of the subject property and the relocation of the Elk's Lodge will benefit the communi ty by relieving downtown parking problems on Wat~er and Taylor street. The Lodge would also serve the public interest by providing space for local Boy Scout and Cub Scout programs. The proposed use and property are located at least 8 to 10 blocks away from the nearest school. Virtually all the acti vi ties to be conducted in connection with the proposed use are done after school hours. The Elks Club needs additional parking for its facilities and acti vi ties, which is not available in the downtown central business district. The proposed zoning change will serve the needs of the proposed use better than using other available property because the site is bounded by two streets and a buffered residential community (Towne Point); the site will pertuit the facility to be located away from the City center to permit more parking and provide more open space; and internal buffers on the site will also make the use attractive in and compatible with the area. The change in circumstances exists which justifies the rezone in that the least intensive zoning district in which this use could be allowed with a Conditional Use Permit is an R-III, most of which previously zoned R-III property has been built out wi thin the city or is not practicable for use. In addition, the site and proposed use are located in an area generally being developed and where agricultural uses have gradually been reduced. Discovery Road will be widened and improved to support more intensive traffic in the future for other development in the area. Conclusions 1. 2. 3. 4. The proposed rezone, as conditioned, is in the public interest in that there is a need for the use proposed which would serve the public; the rezone is necessary to serve these needs; and this need will best be served by rezoning this s:i te as conditioned below. The amount of land in Port Townsend presently zoned R--III is not adequate to accommodate the proposal. The land use surrounding the subject property consists of vacant land, low density and medium density single--family housing. The proposed zoning change would result in 6.:~ acres being zoned R-III. The proposed zoning change would be consistent with the existing zoning and land uses of the surrounding area and would not amount to a "spot zone." The proposed site is currently well-served by Discovery Road. However, right-of-way constraints would necessitate expansion of the roadway and add to the cumu1ati ve impacts along Discovery Road. However, the proposed use would genera-te less 339 340 MINUTES OF THE REGULAR SESSION OF OCTCBER 15, 1991, Cont. 5. peak traffic (8-10 AM and 4-6 PM) 1:han a single\mul tiple- family residential development. . using the standards listed in Finding #11, the site could be developed with appropriate condi tioJ1s , in a way that the proposed development could meet the above standards by providing specific amenities to protec't neighboring properties from noise, drainage impacts, view bl04:::kage, excessive traffic and other impacts. Any negative effects of development could thereby be internalized. 6. The proposed rezone, as conditioned, ~rould be compatible with adjacent land uses and would not harn,fully impact the public services and facilities such as wat~r, sewer, streets, fire protection and police. 7. Residential conditions in Port Townsend have changed since the last zoning of the property, due to the virtual build-out and subsequent lack of available R-III zoned property within the city, to justify additional R-III at this site. The rezone would promote public health, safety and welfare. 8. Conditions In consideration of the aforementioned findings and conclusions, the above-referenced application is approvl~d as a contract rezone: 1) Prior to a hearing for a conditional use permit, a final traffic master plan shall be submitt,ed for approval by the Public Works Director. The plan f:hall detail the final geometrics and design of site entrance on Discovery Road and realignment of 14th street. 2) Prior to a hearing for a conditional use permit, a final master drainage plan shall be submit.:ed for approval by the Public Works Director. The plan shall detail the size, type and location of detention facilities, .Lnclude biofiltration of storm water, and installation of appropriate drainage swales. 3) Prior to a hearing for a conditional use permit, a perimeter landscape plan shall be submitted to t:t1e Planning and Building Director. The landscape plan shall include the following: 0 all property lines and delineation of buffer areas; 0 type, size and placement of all landscaping; 0 details regarding the use of natj.ve plants and ground cover; details of the proposed recreational area at the southwest corner of the site 0 4) A revised site\plot plan indicating the location and design of the proposed building and its associated parking areas, as well as the type and placement of exteJ:,ior lighting associated with the building and parking areas, shall be prepared prior to a hearing for a conditional use permit. 5) Use of the property is restricted to 1:he Elk's Lodge facility and its associated uses. These uses, times of operation, and procedures for operation and maintenance of landscaping, drainage, access improvements and parking areas shall be prepared prior to consideration of the conditional use permit. The rezone contract shall include all Findings, Conclusions and Conditions set forth herein; all S:~PA mitigation measures; and any additional conditions imposed in connection with a Conditional Use Permit, if one is apI>roved and issued. 6) I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. 7) If a Conditional Use Permit is not granted wi thin two YE~ars of the date of the adoption of these Findings and Conclusions the rezone approval shall automatically become null and void. RECESS Mayor Shirley declared a recess at 8:55 PM. at 9:01 PM. The meeting reconvened UNFINISHED BUSINESS Impact Fee Advisory Committee Report. Barbara Bogart, spokes:person for the Committee, was recognized and gave the Impact Fee Advisory Committee Report which will be considered when the Council holds the Public Hearing on impact fees which they propose would s1:art at $250.00, be raised at a rate of $5.00 per calendar day the first year and $10.00 the second year and capped at $5,000.00. Mayor Shirley explained that this will be discussed further during the continued meeting of November 5, 1991, on November 12, 1991. Chelan Agreement. Mr Wheeler reported on the status of the agreement as a pilot project and outlined proposed suggestions for a letter to be sent to Christine Gregoire, Director, Department of Ecology which should be further discussed on November 12,1991. A discussion of the project ensued. COMMITTEE REPORTS/STAFF REPORTS Mayor. Mayor Shirley requested that Councilmember Kenna preside at the meeting of November 12, 1991, as he has another meeting scheduled for that date. Government Information System Demonstration. Mr Wheeler re:ported a demonstration of the Government Information System is scheduled for the November 12, 1991, meeting with Economic and Engineering Services, Inc. Wetlands Consultant. Mr Wheeler reported a wetlands consultant has been selected and that an open house at the Porter Farmhouse to introduce the people who will be working on this issue has been scheduled for November 21, 1991, from 5:00 to 7:00 PM. Adelma Beach. Mr Wheeler reported that issues have been re:sol ved with the Adelma Beach contract and that the chart will be revised and the document will be signed within the week. Biosolids. Mr Wheeler reported that a work group meeting t~o deal with the problem of biosolids and that a recommendation to Council will be forthcoming. Water Workshop. Mr Wheeler reported that progress was made at the Water Workshop toward a plan of how to proceed with the State Department of Health regarding the planning for filtration. Forest Service. Mr Wheeler reported that meetings have beem held wi th the Forest Service regarding Watershed issues and that an open meeting will be held by them on November 4, 1991, from 4:00 1:0 6:00 PM. Clean Windows. Mr Grove noted that the Fire Department has helped clean the windows of City Hall and asked that the council e!xpress their appreciation when they next see Firechief Howard Scot~t. 341 342 MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. NEW BUSINESS Revision of Paradise Bay Seafarm Shoreline Substantial Development Permit (SSD #SH5-86). Mr Hildt reviewed t~he revisions. council- member Clise made a motion that the Council make the following findings and approve the following propoBed revisions under the following conditions which was seconded by Councilmember Jones and passed unanimously by voice vote. Proposal: The revision of Shoreline Permit SH5-86 would allow the perIni ttee to install (2) feed floats to 1:he end of two existing fish rearing pens in Port Townsend Bay. The feed floats will be approximately 25' by 35', roughly 5-10 one third the size of a single fish rearing cage, and hold between 5-10 tons of feed each. The feed floats are necessary to maintain i:he structural safety of the existing fish rearing cages. There are 20 fish pens currently installed at the site. The permittee has obtained an extension to April 2,1992, to install up to 16 additional fish pens. The permittee has requested the installation of the feed floats in lieu of expanding the fish pens at this time. Findings: The following sections of the Jefferson-:Port Townsend Shoreline Management Master Program apply to the proposal: 1.20, "Purposes"; 4.105. "Aquatic Designation"; 4.201, "Primary Use",; 5.30, "Aquaculture"; 5.60, "Docks, piers, and Floats"; and 6.404, "Revisions." Pursuant to section 6.404, "Revisions", ttle City of Port Townsend determines that the proposed changes ar.~ wi thin the scope and intent of the original permit, as outlined below: 1. No additional over-water construction is involved. 2. Ground area coverage (over-water) is less than the original permit. No over-water structures shélll be higher than eight feet above the water, as stated in the original permit. 3. No additional structures are proposed. 4. The revised permit does not exceed any of the requirements of this Master Program. 5. No landscaping is proposed (does not apply). 6. The use authorized pursuant to the original permit is not changed. 7. No substantial adverse environmental impact will be caused by the proposed revision. Conditions: 1. Development pursuant to this revised permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson-Port Tmmsend Shoreline Master Program. 2. Development or substantial progress toward development of the permitted activity must be completed by April 2, 1991, the date Paradise Bay Seafarm's Shoreline Substantial Development Permit (SSD #SH5-86) expires. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 1991, Cont. Interfund Loan. ORDINANCE NO 2267 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $50,000 TO THE LOCAL IMPROVEMENT DISTRICT NO 1 FUND FROM THE WATER-SEWER FUND AND PROVIDING FOR REPAYMENT. Mr Grove explained the ordinance and read it by title. Council- member Camfield made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Owsley and passed unanimously by voice votE!. Mr Grove again read the ordinance by title. councilmember Camfield made a motion that the Council adopt Ordinance No 2267 which was seconded by Councilmember McCulloch and passed unanimously t~ roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Unwelcome Californians. Councilmember Jones distributed a letter dated September 30, 1991, from M L Soskin which takes offence to the article in the Leader concerning unwelcome Californians. Mayor Shirley commented that the offensive information has been removed from the plan. Mayor Shirley also stated that a letter from. Larry Dennison, county Commissioner, the Chamber of Commerce and himself has been sent to the Los Angeles Times straightening out the erroneous information printed in that paper that was taken from the article in the Leader. Notice of ApDeal. A notice challenging Ordinance No 2249 (Sign Code) from Sea Breeze Center, Inc, was briefly explained by Mr Harper. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve Session to discuss pending litigation including Keith Harper, David Grove, and Robert Wheeler at 9:20 PM. The meeting was reconvened at 9:26 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:26 PM. Attest: Jd~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 5,1991 The City Council of the city of Port Townsend met in Regular Session this Fifth day of November 1991, at 7:00 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 1JIichael Hildt and Public Works Director Robert Wheeler. 343