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HomeMy WebLinkAbout01/17/1989 93 MINUTES OF THE REGULAR SESSION OF JANUARY 3, 1989, Cont. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:42 PM. I ~..4 Attest: lad L- Clerk-Treasurer Mayor MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989 The city Council of the City of Port Townsend met in regular session this seventeenth day of January, 1989, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, and Norma Owsley. Councilmember Julie McCulloch was excused. Also present were City Attorney Keith Harper, Public Works Director Ted stric}~lin, Clerk- Treasurer David Grove and Executive Administrative Assistant/Planner Michael Hildt. I PUBLIC COMMENTS Gene Jenkins was recognized and asked the status of the Jefferson County Shelter. Mayor Shirley replied that they are aware that a conditional use permit is required before a building pE~rmit can be purchased and so far they have not made application. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmemt>er Camfield and passed unanimously by voice vote. Approval of the minutes of January 3, 1989, as written without reading. Approval of the following Bills and Claims: I Current Expense Street Library Park 1988 ~ire Equipment Emergency Medical Services Capital Improvement Storm Drain Construction Water/Sewer sto1;"l'!\ Drainage Equipment Ren~aa Firemen's Pension & Relief Total $ 93,391. 99 5,123.27 5,151.58 5,522.01 481.46 4,327.48 78.00 2,141.25 225,292.62 21,306.51 4,012.76 110.25 $366,939.18 94 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. Setting Hearings: Rezone Application 8807-04 -Wm Amburn, et al Feb 7,1989 Variance Application 8811-03 -Mathias Feb 7,1989 Ordinance proposing Amendment to Zoning Code Feb 7, 1989 Communications: I A letter dated June 16, 1988, to the Chamber of Commerce from Carole L Greene of Vancouver, WA, was copied for council stating their disappointment and anger at the conditions of the Puffin and Gull Motel when they were forced to stay there on June 11, 1988, because there was no other facility available. This was referred to the Legislative/Environmental Committee. A letter dated December 16, 1988, from Ruth J Hickenbottom was copied for Council requesting renewal of the conditional use permit for the school/day care center at 1632 32nd Street. This was referred to the Legislative/Environmental Committee. A letter dated December 30, 1988, from Robert L Ellis was copied for Council requesting renewal of the conditional use permit for Heritage House at 305 Pierce Street. This was referred to the Legislative/Environmental Committee. A letter dated January 3, 1989, from John R Foley, Career Directions NW, Ltd, was copied for council including the planting schedule for the landscaping for his building under construction at 3001 F Street. This was referred to the Legislative/Environmental Committee. A letter dated January 4, 1989, from Jennifer Paine and David Burroughs was copied for Council regarding the degree of wood smoke pollution in Port Townsend. This was referred to the Police/Fire/Animal Control Committee. I A letter dated January 6, 1989, from Mayor Shirley to Don Roberts including a copy of a letter received from the Washington state Office of Archeology and Historic Preservation regarding the plans to demolish the DeLeo Building was copied for Council. A letter dated January 8, 1989, from Paula Amell was copied for Council requesting renewal of the conditional use permit for the Puffin and Gull Motel at 825 washington street. This was referred to the Legislative/Environmental Committee. A letter dated January 10, 1989, from Audrey and John Delmore was copied for Council stating that they are adjacent property owners and are against renewal of the conditional use permit for Ruth Hickenbottom's Learning Play Care Center. This was referred to the Legislative/Environmental committee. An article from the Seattle Times dated January 9, 1989, writt~T1 by Bill Dietrich concerning the fight by the citizens of Winslo~ to keep a McDonald's Restaurant from being built in their community by banning the use of plastic-foam packaging was copied for Council. I This concludes the Consent Agenda. I I I 95 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. BID OPENING Mr Grove announced that there were two bids received for liquid chlorine: Incon Inc Pennwalt Corp $ .355 per pound $ .355 per pound Mr Stricklin recommended that the bid from Incon Inc be accepted for the Water Department and the bid from Pennwalt Corp be accepteq for the Sewer Department which has happened before when the bids were equal. A motion to that effect was made by Councilmember Camfield and seconded by Councilmember Jones and passed unanimously by voice vote. PUBLIC HEARING Variance Application 8811-02 -Tremain. Mr Hildt rE:!viewed the findings and conclusions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. There being no testimony either for or against the variance, Mayor Shirley closed the hearing to the public and turned to the council for disposition. After a brief comment, Councilmember Owsley made a motion that the Council concur with the Planning Commission and deny the application adopting the following findings and conclusions which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. The applicant proposed to construct a 920 square foot garage at 420 Filmore Street. The subject property is located on the northeast corner of Filmore and Jefferson St:reets, and consists of one-and-a-half lots totaling 9,075 square feet. A single-family residence is currently located on the property. The residence is setback 20 feet from t:he from the front property line on Jefferson Street, 20 feet from the rear property line, and 5 feet from the other side property line. The applicant proposes to construct the garage wi1:h a 10 foot setback from the side property line on Jefferson street, and no setback from the rear property line. Because section 17.20.020 of the Port Townsend Municipal Code requires a detached outbuilding to have a 5 foot rear setback" a variance is required. 2. The subject property is located in the R-II zoning district. The existing residence has a ground coverage of approximately 1300 square feet. The residence and the garage combined would cover approximately 2100 square feet, or 23 percent: of the lot area. The remainder of the lot is currently open with the exception of a small clump of trees located in tIle center of the site. 3. The lots immediately adjacent to the subject property are owned by the First presbyterian Church. The church proposes to develop parking in the lot directly east of the subject property. The parking lot which presently serves, the church is located to the northwest of the property, whilE~ the church itself and tþe pastor's quarters are located to thE~ northeast. 4. The applicant maintains that because the First presbyterian Church intends to use the neighboril\g site as a parking area, there is no need to establish a setback from the property line, since no building will be constructed on the adjacent property. The applicant also states that the purposes of the zoning code, s~ch as adequate open spaces for light ~q ~ir 96 5. 6. MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. and prevention of land overcrowding, will still be served if the variance is granted. Conclusions: 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. I 2. There are no special conditions or circumstances of the subject property which exist which are peculiar to the subject property and which are not applicable to other lands in the district. Although the site adjacent to the subject property is currently planned for parking, there is no certainty that the adjacent site will always be used for parking and never buil t upon. Furthermore, there are no constraints to building on the subject property. Therefore, a literal interpretation of the provisions of the Port Townsend Municipal Code would not deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 3. The variance requested would, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. The reasons set forth in the above-referenced application do not justify the granting of the variance and the variance is not the minimum variance that will make possible the reasonable use of the land. I Because the granting of the variance would not be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, the City council denies the above-referenced variance. COMMITTEE REPORTS Recycling. Councilmember Chang reported on a Recycling Legislative Workshop that she attended in Olympia. She has a lot of good information on how communities have banned the use of styrofoam. Mayor Shirley suggested that a meeting of interested parties be scheduled in a couple weeks to work on this project and announced that he has asked for copies of l~gislation that has been passed. Councilmember Chang also reported that fifty percent of the Recycling Questionnaires that were sent out in December have been returned and that 250 people have asked to be signed up immediately. This will be accomplished when the new equipment at the Recycling Center can be purchased and is working. Police/Fire/Animal Control. Councilmember Clise reported that the Committee had met and had not been able to finish discussing the recommendations from Bayshore revising the Animal Control Program. He set a meeting for January 24,1989, at 5:00 PM and hopes to have a full report in the near future. I Legislative/Environmental. councilmember Kenna made a motion that the Council approve the landscaping plan for Career Directions NW which was seconded by Councilmember Clise and passed unanimously by voice vote. Councilmember Kenna made a motion that the Council make a mitigated declaration of non-significance for the Convenience Store proposed I I 97 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. by Penny Saver Mart (Jim Ramey) which was seconded by Councilmember Jones and passed unanimously by voice vote. The mitigating measures are as follows: 1. The site shall have no curb cut onto Kearney StrE!et. 2. Ingress to the site shall be from Sims Way and Jefferson Street. Egress from the site shall be by way of Jefferson Street and sims Way; however, traffic exiting the :site to Sims Way shall be directed westbound only. A "Right Turn Only" sign meeting the specifications of the Manual of Uniform Traffic Control Devices shall be placed next to the driveway. 3. Access to and from Jefferson Street shall be cle!arly marked using curbs, as shown on the site plan submi t:ted by the proponent dated January 13,1989. No driveway from Jefferson Street shall be closer than 50 feet from the intE!rsection of Kearney and Jefferson Streets. The gravel base is to be extended back on Jefferson Street from the edge of the sidewalk on Jefferson Street on the far back side~,¡alk 20 feet to provide greater access to the back of the building. 4. The proponent shall develop a five-foot-wide sidewalk along Sims Way. The sidewalk shall be located along t:he northern five feet of the Sims Way right-of-way, as shown on the site plan submitted by the proponent dated January 13,. 1989. 5. The proponent shall develop a seven-foot-wide planting strip along Sims Way. The planting strip shall be located to the south of and adjacent to the proposed sidewalk. ~rhe planting strip shall be landscaped with low-cut plants and shrubs so as not to restrict view access to the site. An underground sprinkler system shall be used to maintain all landscaping areas. 6. All outdoor lighting shall be designed, placE~d, and, if necessary, hooded so as not to create glare that ~,¡ould impair the safety of automobile traffic. A free-standing monument sign shall be permit:ted on the subject property which is no higher than six fee1: and placed not to obstruct traffic sight. 7. Councilmember Kenna made a motion that the Council make a mitigated declaration of non-significance for the Emerald Development Company to build a congregate care facili ty at the southwestern intersection of Discovery Road and 27th Street which ~,¡as seconded by Councilmember Jones and passed unanimously by voice vote with' Councilmember Chang abstaining. The mitigating measures are as follows: 1. I 2. 3. 4. A storm drainage plan for the proposal must be prepared by a licensed civil engineer. The plan must be submitted to and approved by the City Public Works Director. A six-inch water main shall be provided by the proponent in 27th Street. The main shall connect the existing six-inch water ~ains in Landes Street and Discovery Roàd. The proponent shall provide a fire hydrant for the project to be located in the vicinity of 27th Street and Discovery Road. The proponept shall measure the elevation and slope of the surrounding area to gauge the most appropriate plslce to extend City sewer ~ins. The propon~ Shall provide eight-inch sewer mains ~W any extension. 'l'Ife sewer plan will be shown clearly on ,~r proponent's building plans at the time of 98 MINUTES OF THE REGULAR SESSION OF JANUARY 17,1989, Cont. application for a City of Port Townsend Building Permit, and approved by the City Public Works Director. 5. The congregate care facility shall include a fire prevention sprinkler system which shall be designed as an automatic system. The control system locations must be submitted to and approved by the City Fire Chief at the time of application for a building permit. I 6. paving shall be provided by the developer to Landes Street to City street specifications. Councilmember Kenna made a motion to approve in concept an alternative parking plan for the Recreation/Senior Center by the County, Ci ty and Seniors. ** After discussion, the motion was seconded by Councilmember Owsley and passed by voice vote with Councilmember Jones voting against the motion. Councilmember Camfield made a motion to renew the conditional use permit for the Heritage House which was seconded by Councilmember Kenna and passed unanimously by voice vote. A Committee meeting was set to discuss the renewal of conditional use permits for 6:15 PM on February 21,1989. The permits to be considered will be the Puffin and Gull Motel and the School/Day Care Center. Mayor Shirley suggested a memo from the Police Chief to the Street Committee be brought up at that meeting as well. Naval Air Station Trip. Mayor Shirley reported that the meeting with the Commander and tour of the Naval Air station on Whidbey Island opened up a line for communication. Any low flights over the City should be reported as they are not supposed to happen and the minimum height is 3,000 feet for any such flights. There are 23,000 people at the station and the yearly payroll is $276 million. The number to call to complain about low flights is 257- 2681. There is an Environmental Impact Study being done by a private firm and the group has suggested that one of the hearings be held in Port Townsend. I Bluewater Farms Annual Report. Mayor Shirley distributed the water quality report from Bluewater Farms and stated all the readings are very good. AWC Legislative Conference. Mayor Shirley announced that the Association of Washington cities Legislative Action Conference will be held on February 22 through 23,1989, in Olympia. Chebuhar Property. Mayor shirley reported that a letter to Evan Jones from Richard L Fankhauser, Chief, of site Planning and Acquisition for the State of Washington was copied for the Council informing that the property now belongs to the Washington State Parks. The next course of action is to work with the City of Port Townsend, the Department of Ecology and the Department of Wildlife to establish a management plan for the pond and set the level at which the pond should be maintained. I Police/Fire/Animal Control. Councilmember Clise set a meeting of the Committee for January 23,1989, at 5:00 PM, to start discussing air (woodsmoke) pollution in Port Townsend. Street Light at 12th and Landes. Councilmember Chang reported that the request came from Jefferson Transit. The residents at claridge Court have no problem right now, and considering the cost of a light, it would be fine to leave things as they are but keep an eye on it. Mayor Shirley stated this would be put in abeyance. ** and that the Counci 1 shou 1 d ~ork to,qeth~r' dl rect ly with the Scni ors and the County to come up '~ith a reasonable solution for parking. 99 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. UNFINISHED BUSINESS I Shortplat Application No 8802-01 -Sudlow & Dalzell. Mr Hildt reviewed the revised findings, conclusions and conditions of the Port Townsend Planning Commission dated January 5, 1989. Councilmember Jones made a motion that the Council adopt the following findings, conclusions and conditions which ~las seconded by Councilmember Camfield and passed unanimously by voice vote. Findings of Fact 1. The applicants have made application on February 3,1988, for proposed short subdivision of approximately 8.35 acres into four lots pursuant to Chapter 18.38 Port Townsend Municipal Code and RCW 58.17. A preliminary short plat dated January 14, 1988" and titled "Panorama Heights Short Plat", was submitted by the applicants and is attached hereto as Exhibit 1. 2. The subject property is within the R-IA zoning district and is described as the West Half of the West Half of Government Lot 1 of section 4, Township 30 North, Range 1 West, W.M.; City of Port Townsend, Jefferson County, Washington. 3. An environmental checklist, submitted by the applicant, was reviewed by the City Council, which determined on Marc:h 1, 1988, that the proposed short subdivision would not have a probable significant adverse impact on the environment, and that an environmental impact statement would not be required under RCW 43.21C.030(2)(c). A Determination of Non-Significance~ was issued on March 2, 1988. I 4. The Planning Commission issued Findings and Conclusions on- March 10, 1988, approving the preliminary plat with certain conditions. 5. On May 26, 1988, the applicant appeared before the Planning commission to ask for reconsideration of conditions #5 and #6 pertaining to rights-of-way dedications which had been included in the Findings and Conclusions of the Planning Commission, dated March 10, 1988. 6. The Planning Commission adopted on May 26, 1988, revised Findings and Conclusions in approval of the preliminary short plat which required dedication of a reduced area for public street purposes. 7. On July 19, 1988, the applicants, represented by counsel, appeared before the City Council to appeal certain conditions imposed by the Planning Commission in its preliminary plat approval. 8. On August 2, 1988, the City Council heard additional testimony on the appeal and adopted Findings and Conclusions dated August 2, 1988. The City Council denied the appeal ~nd remanded the application to the Planning Commission for final plat approval. I 9. Applicants appealed the Findings and Conclusions of the Planning Commission and City Council to Jefferson County Superior Court. On November 15, 1988, the Court issued its Findings of Fact and Conclusions of Law, decla~ing conditions (5) and (6) imposed by the City void pnd remanding the application of the plaintiffs to the City to be processed in a manner consistent with the court's decision. 10. On November 15, 1988, the City Council remanded the application to the Planning Commission for reconsideration in view of the decision and direction of Superior Court. 100 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. 11. On December 8, 1988, the Planning commission, on advice of the City Attorney, asked that the application be scheduled for rehearing at its next meeting, December 29,1988, and ordered that the hearing be properly publicized. 12. On December 29,1988, the Planning Commission conducted a new hearing on the application in view of the decision of Superior Court. During the hearing the applicants verbally suggested amending the proposed plat to take access to Lots 1 and 4 on unopened 36th, 37th, 38th and South Garnet Streets, rather than Howard Street. Lot 3, they suggested could take access from developed 35th Street as does Lot 2, currently. Such an alternative plan would lack adequate physical access to Lots 1 and 4 due to the unopened status of several of the streets, topographic obstacles, and lack of adequate area between the western boundary of Lot 2 and developed facilities on site to establish a suitable access easement over Lot 2 to provide access for Lot 1 to and from opened 35th Street. I 13. On January 5, 1989, the Planning Commission continued the hearing at a special meeting scheduled at the convenience of the applicants. 14. The Planning Commission takes special notice of the stated purposes of short subdivisions in its determination on the application. Of particular importance in the instant case are the following: a) "The legislature finds that the process by which land is divided is a matter of state concern and should be administered in a uniform manner by ci ties, towns, and counties throughout the state. The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with the standards established by the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways. . ." [58.17 RCW, Plats--Subdivisions--Dedications, 1969] I b) "The legislature finds that there is an increasing need for local and regional transportation improvements as the result of both existing demands from economic growth and the foreseeable future demands from economic growth and development wi thin the state, including residential, commercial, and industrial development." [39.92 RCW, Local Transportation Act, 1988] c) "The purpose of this chapter is to provide rules, regulations and standards for the partitioning of land parcels within the city, when the total number of lots involved shall be nine or less. It shall promote the public health, safety, convenience and general welfare by ensuring orderly growth, and development of the municipality, and conservation and proper use of land, and by requiring adequate provisions for circulation, utilities, drainage and services." [18.38 Port Townsend Municipal Code, Short Subdivisions] I 15. The Planning Commission is also guided in its plat recommendations by the particular requirements of RCW 58.17.110 that "The city, town or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall 101 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. . . . Dedication of land to any pubLic body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. . ." I 16. Applicants propose four lots as follows: a. Lot 1, 218,069 square feet (5.006 acres) b. Lot 2,26,395 square feet (.606 acres) C. Lot 3, 43,555 square feet (1.000 acres) d. Lot 4,75,958 square feet (1.744 acres) 17. The application requested access to the propm;ed lots as follows: a. Lot 1, by a 24-feet-wide, private, dri ve1'Ñay easement from Howard Street along the boundary of Lots 3 and 4. Lot 2, from 35th street. Lots 3 and 4, from Howard street. b. c. 18. Water supply would be taken from the 10-inch main in Howard street to Lots 1, 3, and 4. Lot 2 would be served from the 6-inch main in 35th street. I 19. Sewage disposal would be accomplished through individual septic tanks and drain fields. The drainfield serving Lot 4 would be located in a conditional drainfield easement, measuring 60 by 190 feet, which is declared on Lot 1, adjacent to the north boundary of Lot 4. This easement is made conditional on the lack of available city sewer lines within 600 feet of Lot ~:, and would become null and void within ninety days of the extension of city sewer lines within 600 feet of Lot 4. By letter dated December 29, 1987, the Jefferson County Health Department has stated, "The four designs meet t:he current requirements for on-site sewage disposal systems as set forth by WAC 248-96 and Jefferson County ordinance No. 2-77." 20. An existing fire hydrant is located at the intersection of Eddy and 35th streets. No additional hydrants are shown on the proposed plat. 21. The proposed plat does not include a proposed storm drainage system. 22. The subject property is not traversed by any \t.ratercourse, stream or drainage channel; is not in a flood-control :2:one; and is not within 200 feet of a body of water of statewide significance. 23. The property is bordered on the south by 35th stre!et which is opened within a right-of-way of 50.74 feet in width. Thirty-fifth street is designated as a collector street by the Port Townsend Comprehensive Plan. I 24. The Howard street right-of-way, which borders proposed Lots 3 and 4 on the west, is a "half street" of 27 feet width. Howard street is unopened north of 35th street and the right-of-way terminates at an unnamed street one block north of 36th street. An existing 10-feet-wide water line easement extends north from the terminus of the Howard Street right-of-way to 39th street wi thin the subject property. The proposed short subdivision would depend on this "half street" Howard Street right-of-way for access to Lots 1, 3 and 4. No dedication of land is proposed in the proposed plat to complete the width of Howard street to serve the three lots taking access from Howard street. 25. The 39th Street right-of-way, generally 55 feet wide, is reduced to a "half street" width of 30 feet where it borders the 102 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. subject property on the north. No access is proposed from 39th Street in the proposed short plat. 26. As has been the long-established practice in Port Townsend, the "half-street" Howard street right-of-way adjacent to the subject property was established by dedication to the City of Port Townsend in the John G. McBride's Addition (Vol. 1 of Plats, Page 111, official records of the Jefferson County Auditor), a small plat immediately west of the subject property. (Howard Street was named "Olgar street" at the time of the McBride's Addition.) The area dedicated to the City of Port Townsend for street and alley rights-of-way in the McBride's Addition is 41% of the total land area of the plat. The other plats which abut the subject property have also dedicated similar proportions of land area for street purposes. I 27. Each of the existing street rights-of-way adjacent to the subject property which now affords access to the proposed short plat was established by dedication to the City at the time each of these existing plats was accepted. 28. The road system established throughout the history of the City of Port Townsend has in the main been by dedication of appropriate street and alley rights-of-way within and adjacent to each area as each plat was approved and accepted by the city. Typically, such plats dedicated a traditional grid system of streets and alleys to serve the platted lots in a manner which would also provide access through to adjacent properties. Through this policy the overall traffic circulation system of the city has been provided. Streets of one-half standard width were often dedicated at the borders of each plat, the other half to be dedicated by adjacent property owners whenever they should decide to subdivide their property. Each segment of dedicated rights-of-way has been incrementally opened and improved to keep pace with development as it occurs. Where development has occurred without dedication of the second half of such streets, hazardous conditions of concern to the city have developed. Out of this concern, the design criteria for short subdivisions in the Port Townsend Municipal Code was adopted in 1978 to provide in pertinent part that "Half-width roads shall be prohibi ted except adjacent to existing half-width roads. [PTMC 18.38.120(B)(5), Ordinance 1806] I 29. The proposed plat does not include any interior public roadways to serve the plat itself or to continue the overall area circulation system to serve neighboring properties. Although the subject property is benefitted by the access afforded by the dedications of prior subdivisions to the south, west and north, the proposed plat includes no dedication of street area which would provide access to the unplatted lands to the east. 30. The applicants or subsequent owners are permitted by Section 18.38.100 (Port Townsend Municipal Code) and RCW 58.17 to further divide the property by additional short subdivision five years after a short subdivision, or at any time by filing a full long plat. Accordingly, Lots 1,3 and 4, which are to be accessed from Howard Street, could be further divided into as many as forty-seven building lots of 7,200 square foot each, the minimum lot size established for short subdivisions assuming future water and sanitary sewer services. I The actual buildable portion of this area would, however, likely be reduced by approximately one-half due to the steep slopes which occur on portions of Lots 1 and 4, the portions of the remaining area which would be required for internal street access. Thus, it is a reasonable expectation that approximately twenty-three dwelling units may ultimately be developed on the portion of the subject property proposed to have access from the Howard Street right-of-way. 103 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 198~~, Cont. I Future subdivision of the northern ( lower) portion of Lot 1, however, is unlikely to take access from Howard Stree1: due to the steep slopes encountered between this area and the current Howard street right-of-way. Unless Howard street is to be extended to 39th street, access to these future lots would be from 39th street which is currently a 30-foot-wide "half-street" adjacent to the north boundary of the subject property. This area could be divided into approximately twelve minimum-sized lots and attendant internal streets, leaving approximately eleven future lots which might reasonably be expected to require access from Howard Street. As two such lots (72 ft. x 100 ft.) could be located on 1:he southern half of Lot 3 and served from 35th street, the number of lots which may realistically take access from Howard street is reduced to nine. 31. The Institute of Traffic Engineers Trip Generation Manual, based on over two hundred independent studies, indicatles that each single-family residence generates a weekday average of 10 vehicular trips per day (vtd). The average on a per-acre basis is 25.7 vtd. Consequently, it is expected that future daily vehicular traffic into and out of the three lots proposed in the instant plat to be served by Howard street will be approximately thirty (30) vehicle trips per day. Similarly, approximately ninety (90) vehicle trips per day would be generated by the nine (9). lots which could be produced by future subdivision of the buildable portions of these three lots. I 32. Future access to 39th street and any additional s1:reet right- of-way which may become necessary due to developl11lent of the northerly (lower) portion of Lot 1 may be determined at such time as further subdivision of this property may be proposed. In the instant plat, however, adequate street capacity must ble assured to serve the area proposed to have access from Howard str~:!et in order to provide for safe ingress and egress of the residents, as well as emergency and service vehicles. 33. The Design criteria for Short Subdivisions set forth in the Port Townsend Municipal Code require that minimum roétdway design standards shall be in conformance with "City Design Standards," published by the washington State Department of Transportation. January, 1980, or latest revision. [18.38.120(B)(2) P()rt Townsend Municipal Code] These state standards include the Minimum Roadway Design Standards for New Construction in cities and Towns which establish the minimum right-of-way width for access streets at fifty feet. I 34. In a letter dated April 13, 1988, Patrick W. M:ason, Legal Consul tant for the Municipal Research and Services. Center of Washington, reviewed the authority of the City of Port Townsend to require a street dedication as a condition of approval of a short plat. The letter states, "It appears to be the almost universal pattern to require, as a condition of short plat approval, that streets be designated and appropriate easements for such streets provided and conveyed where necessary. This does not appear to be an unusual provision in the Port Townsend Short Plat ordinance but rather it appears to be the accepted practice in municipalities throughout the state." 35. On January 3, 1989, the applicants submitted an alternative access plan providing access to all four lots exclusively to and from 35th Street by private access easement adjacent to the east boundary of Lot 3. ' 104 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. Conclusions 1. The proposed short subdivision is in conformance with the goals and policies of the Port Townsend Comprehensive Plan. 2. Pursuant to Chapter 18.38.130 Port Townsend Municipal Code, private roads are not required to be constructed inasmuch as the proposed short subdivision is to have four or fewer lots. I 3. The requirements for short subdivisions set forth in the Port Townsend Municipal Code, together with the "city Design Standards" ci ted above, indicate that the obligation of the City of Port Townsend to protect public safety requires a fifty-foot-wide street to serve the proposed short plat. The existing twenty-seven feet width of Howard Street is inadequate for safe passage of vehicles, particularly larger emergency and service vehicles, as well as the normal space needed for pedestrians and drainage. Accordingly, the plat as originally proposed would not meet the purposes and cri teria of RCW 58.17 or Chapter 18.38 of the Port Townsend Municipal Code, unless dedication is required of sufficient land to complete the Howard Street right-of-way to the prescribed standard width of fifty feet. Such dedication would be necessary under the original access plan due exclusively to the traffic which will be generated by the development ¡made possible by the proposed short plat. In addition, if Howard Street were to remain a "half street", the hazardous conditions resulting from the inadequate width of the street would become substantially more hazardous should future subdivision of the subject property occur. The need for dedication of an additional twenty-three feet of Howard Street right-of-way would arise directly from the proposed plat and development; such dedication would be reasonable and would be for legitimate and necessary public purposes. 4. Under the conditions prescribed below, the proposed short subdivision meets the purposes, standards and criteria of Chapter 18.38 Port Townsend Municipal Code and RCW 58.17, and the Port Townsend city Council grants the proposed preliminary plat as conditioned: 4. 5. I 1. Easements shall be provided for utility installation and maintenance and shall conform to standard width of five feet on each side of interior lot lines and five feet along front lot lines. 2. City water supply must be provided to each lot by the applicant at no cost to the City and without placement of reservations on future use of water lines so provided. An as-built plan of installed water connections and lines shall be provided to the Public Works Director. Installation of sewer disposal systems shall be in compliance with the regulations and standards of the Washington State Department of Social and Health Services, the Washington State Department of Ecology, the Jefferson County Health Department, and the city of Port Townsend. I 3. A fire hydrant shall be installed on the east side of the right-of-way of Howard street north of the proposed boundary between Lots 3 and 4. Said hydrant shall be supplied and installed in conformance with City Specifications and the Uniform Fire Code. Under the alternate access plan which provides access exclusively to and from 35th street without access to or from the half-street ri~hts-of-way of either Howard or 105 MINUTES OF THE REGULAR SESSION OF JANUARY 17,1989, Cont. I I I 39th Streets, improvements shall conform to certain setbacks from existing rights-of-way in lieu of dedication but in anticipation of the future necessity of bringing these rights-of-way to full-wid'th standards as future subdivisions and developments occur. Such setbacks shall be as follows: a) In addition to those setback (yard) requirements of the Port Townsend Municipal Code, all buildings and structures shall be set back a minimum of 'twenty-three (23) feet from the Howard Street right-of-~{ay north of the 35th Street right-of-way to the northern terminus of the 37th Street right-of-way. b) In addition to those setback (yard) requirements of the Port Townsend Municipal Code, all buildings and structures shall be set back a minimum of twenty-five (25) feet from the west property line of Loi: 1 from the northern terminus of the 37th Street right-of-way to the north property line of Lot 1. c) In addition to those setback (yard) requirements of the Port Townsend Municipal Code, all buildings and structures shall be set back a minimum of twenty-five (25) feet from the 39th Street right-of-way,. 6. Access to and from each of the four proposed lots shall be exclusively to and from Thirty-fifth (3~)th) Street. The face of the final plat shall indicate that there shall be no access to or from either Howard Street or Thirty-ninth (39th) Street until such time as said rights-of-way are dedicated or acquired to a width of at least fifty (50) feet and opened and developed to the then-applicable city street standards. 7. In conformance with the City Design Standards, the access easement shall serve all four lots and shall be at least fifty (50) feet wide and shall terminate at: the closed end in a cul-de-sac turnaround which has a diameter of at least one hundred feet. The surfaced portion of the access easement upon which vehicles travel shall be at least twenty-four (24) feet wide and shall be located such that required minimum distances from septic drainfields are maintained. Such easement and cul-de- sac turnaround shall be located approximaltely on or adjacent to the boundary between Lots 2 and 3; the precise location to be approved by the Public Works Director and be shown and described on the final plat. 8. Access to 35th Street, a collector street pursuant to the Port Townsend comprehensive Plan, shall be limited to the single access easement described above; provided that: a) a private access road and cul-de-sac turnaround shall be graded and graveled to thl3 standards approved by the Public Works Director no later than September 1,1989; and b) the existing driveway on Lot 2 which opens onto 35th Street shall be eliminated and closed no later than September 1, 1989; and c) if a residence is constructed on Lot 3 prior to the availabili ty of city sewer service, .a tempörary driveway to and from 3,5th Street is permitted in order to preserve the planned location for septic drainfields on the eastern half of IJot 3; such 106 MINUTES OF THE REGULAR SESSION OF JANUARY 17,1989, Cont. temporary access to be eliminated and relocated to the single access easement within ninety (90) days of the extension of city sewer service to wi thin 600 feet of Lot 3. 9. A final short plat shall be prepared pursuant to all of the applicable requirements of Chapter 18.38 Port Townsend Municipal Code and shall be submitted to the City Council within three years of the date of preliminary plat approval. I Councilmember Jones made a motion that the Council approve the final plat of Panorama Heights which was seconded by Councilmember Camfield and passed unanimously by voice vote. ORDINANCE NO 2143 AN ORDINANCE RELATING TO STREETS AND SIDEWALKS, ADOPTING SIDEWALK DESIGN STANDARDS FOR CERTAIN DOWNTOWN STREETS, AND AMENDING SECTION 12.12.103 OF THE PORT TOWNSEND MUNICIPAL CODE. Mr Hildt reviewed the ordinance and recommended certain amendments. Mr Grove 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 Jones made a motion that the Council adopt Ordinance No 2143 as amended which was seconded by Councilmember Camfield and passed unanimously by roll call vote. NEW BUSINESS I RESOLUTION NO 89-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH U S WEST COMMUNICATIONS. Mr Grove explained the resolution. Councilmember Jones made a motion that the Council adopt Resolution No 89-03 which was seconded by Councilmember Clise and passed unanimously by voice vote. ' COUNCILMEMBERS GENERAL DISCUSSION Councilmember Owsley asked the status of the ferry traffic parking problem and have we heard from the Department of Transportation regarding it. Mayor Shirley and Mr Hildt reported that there has been no response and Mr Grove reported that the State does pay for the extra traffic control help that is used as necessary. Mayor Shirley suggested that a meeting of the Police and Street Committees as well as staff be held in order to get a discussion started. Councilmember Chang asked the status of recycling bins and receptacles at city Hall and in the parks. Mr Grove reported that City Hall is recycling paper but there is very little use for a bin for cans. The parks do not have bins for cans as yet although any help in getting suitable containers would be appreciated. Councilmember Chang asked about access to toilets during the Rhody Parade as brought up in a letter from Sarah Hudson in June. After a brief discussion, Councilmember Chang will pass the subject on to the Rhododendron Festival Committee. I Councilmember Chang asked the status of a commercial building being used as a residence downtown in the commercial zone. Mr Hildt 107 MINUTES OF THE REGULAR SESSION OF JANUARY 17, 1989, Cont. I reported that it is on a list of enforcement probl.~ms that is waiting for attention. Councilmember Owlsey asked the next step in the enforcement of the removal of the hedge in front of the Davidson property on Lincoln street. Mr Harper report:ed that the property owner had led him to believe the problem was: taken care of and will try to follow up on this. Councilmember Chang commented that the Building and Zoning Enforcement status report given the Councilmembers in June was very interesting and informative. Councilmember Clise suggested the possibility of encouraging citizen help in keeping up the property at the entrance sign as well as the sign itself. The Arts Commission was sugge~:;ted for the sign. Call for Bids on Mower and Backhoe. Mr stricklin announced that the specifications for the bids for a mower for the street: Department and a backhoe for the Water Department have been prepared. Councilmember Kenna made a motion to authorize the, advertisement for bids which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Jones reported that he has received a letter from Edward Merrill of US Bank regarding the drainage problem by the bank. He suggested that he and Mr stricklin go down and talk to Mr Merrill. I Mayor Shirley announced that Mike Early has remitted ~;1123.00 for their rent per the contract and that he has suggest'ed that the money be set aside for road and parking lot improvements. The' status of rent fees and reasonable costs was briefly discussed. Mayor shirley stated he would ask for a schedule of costs for use of the room in the basement of the Golf Course building and then there could be a meeting held with them if necessary. Councilmember Camfield commented that she would like to go into the rates to be charged for the restaurant in the building.. Mr Harper stated that he would look into his notes to see if there is anything in the lease addressing this. ADJOURNMENT There being no further business, Mayor shirley declared the meeting adjourned at 9:12 PM. Mayor 63:X7 JJ Attest: I /L)~ Clerk-Treasurer