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HomeMy WebLinkAbout08/15/1989 258 MINUTES OF THE REGULAR SESSION OF AUGUST 15, 1989 The City Council of the City of Port Townsend met in regular session this 15th day of August, 1989, 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, Julie McCulloch, and Norma Owsley. Also present were Clerk-Treasurer David Grove, Public Works Director Ted Stricklin, City Attorney Keith Harper, Director of Planning and Building Michael Hildt, and Assistant Planner Kevin O'Neill. I PRIORITY ITEM Washington State Ferry Traffic. Mayor Shirley introduced captain Don Schwartzman, Operations superintendent for the Washington State Ferries, and Rick Keiser also form the Washington State Ferries, along with Bob Harper from the Jefferson County Ferry Advisory Committee. The Mayor invited the City Council to ask questions of these men. Councilmember Clise asked if the ferry system views the Port Townsend ticketing area as a problem area and if they do, what plans do they have to alleviate the problem. Capt. Schwartzman explained that they do view this area as a problem and indicated that there are things which can be done to reduce the traffic backup. He introduced Brian zigler of District No.3 from the Department of Transportation and indicated that he may be able to assist with some signage. Councilmember Camfield asked if he is saying that these problems can be solved without providing additional parking. Capt. Schwartzman stated that he is not sure. When asked by Councilmember Camfield how long he thought it would take, he said within a maximum of ninety days. He indicated that it may take changes in procedures and more manpower at the facility. When Councilmember Clise reminded him that this is not the first time complaints about the backup have been voiced to the ferry system, Capt. Schwartzman speculated that the petitions were falling on deaf ears and assured him that is why he is here. When Councilmember Owsley asked if there were plans to add on to the holding area, Capt. Schwartzman said no. He explained that they must fully utilize what they have first before they consider adding on to the dock. Councilmember Jones explained a problem on August 6th with line-jumpers. Councilmember Clise explained the strain this is putting on our law enforcement officers. Councilmember Camfield explained the frustration felt when the city issued a declaration of non-significance on the new ferry terminal facility with it designed for twice the size only to have it cut back in size without any consideration of how that would affect the traffic. I Bob Harper explained that the state was forced to purchase all of the property owned by the Chamber of Commerce in the area of the terminal so there would be room for expansion. He explained that some progress has been made citing the fact that the harbor has been dredged and the crew are no longer allowed to park on the dock. Councilmember McCulloch asked if the system is considering the purchase of off site parking areas as opposed to the purchase of more boats. Capt. Schwartzman explained that they have acquired some property in the Clinton area for parking to allow a larger number of walk-ons and indicated that they are reviewing their parking policy. Mr. Zigler was asked what words of encouragement he could offer here and he indicated that the fact that these people have come to this meeting is a step in the right direction. Mayor Shirley explained that more signs to help the first-time visitor to know where to park his car will help the problem. Bob Harper explained that the improvements that will have the most immediate effect is to get cars ticketed faster and second, to get the legislature to allocate more money to keep the second ferry running longer. Capt. Schwartzman was asked if he could keep the city informed of their progress toward a solution and he indicated that he would keep in touch with the Mayor in the future. After a I 259 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. I brief discussion, Councilmember Owsley summed up the concerns of the city council to be that a long-term permanent solution be reached which will eliminate the ferry traffic problems. Capt. Schwartzman explained that they have to look at the ferry system as a whole and prioritize the improvements. He indicated that improvements will come, but the city must be patient. Councilmember Chang explained that traffic trends are changing. Mr. Keiser explained that they are looking more at off-site parking in areas that are not as high in price as waterfront property and then using the transit system to bring passengers to 1:he ferries. At this point, Mayor Shirley invited public comments on the issue. Bill Schwilke was recognized and asked who he bills for his seventeen hours of traffic control in front of his business and commented that he finds it hard to believe that when 1:he dock and a mile of city street are occupied by ferry traffic, that it is the ticket taker's fault. He then described what happens with the traffic when a backup occurs and expressed concern for access by emergency vehicles. PUBLIC COMMENTS I Barbara Williams was recognized and requested the opportunity to have the City reconsider her request for vacation of u portion of Cosgrove Street without having to pay another applica1:ion fee. Keith Harper explained that the council has taken action and completed the process on her original application and recommended against reopening the process after it is once completi:! because it would set a precedent. Mr. Hildt reviewed the sequence of events responding to her original application and indicated that he would be happy to look into the possibility of waving the fHe for a new application. Mabel Campbell was recognized and spoke against the recommendation of the Planning Commission to have the cul-de-sac in the Norwood Short Plat abut her property at 3rd and Cleveland because she does not want it. Mayor Shirley interrupted her to ask the City Attorney whether the council can accept testimony on t:his subject and he said they could. Ms. Campbell complained that she was told the city could condemn a right-of-way across her property to connect with this which she challenged. Helen Rosselet and Dianna Edwards were recognized and spoke against the possibility that Kanu Drive could be connected to the cul-de- sac in the Norwood Short Plat because of the negative effect it would have on their quiet neighborhood. Mary Norwood was recognized and explained that the change proposed by the Planning commission to her short plat was not initiated by her. She suggested that the council remove the requireml:!nt and make everyone happy. CONSENT AGENDA I Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Counci ImE~mber Owsley and passed unanimously by voice vote. Approval of the minutes of August 1,1989, without reading. Approval of the following bills and claims: Current Expense Street Parks Emergency Medical Services Capital Improvement $6,706.39 4,237.64 166.06 72.26 90.00 260 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief 38,072.29 9,702.88 3,387.66 268.65 TOTAL $62,703.83 Communications: I The council received an Environméntal Checklist dated July 27, 1989, from Ted and Robin Shoulberg on a proposal to build 14 three- bedroom units on lots 1-8 of Block 143 in the Eisenbeis Addition. This was referred to the Legislative/Environmental Committee. A memorandum from Doug Franz, City Building Inspector, to All 1989 Candidates dated August 1, 1989, was copied for the council reminding them of the law as it pertains to political signs. A letter dated August 2, 1989, fro~ Vera Franz to Bonnie Orth of Coldwell Banker Property Management was copied for the council advising her to give the residents of the Pink House notice to vacate their apartments by October 1,1989, as directed by the City Council at their meeting August 1, 1989. A letter dated August 9,1989, from Brent Shirley to William Toskey was copied for the council advising him that Conditional Use Permit Application No. 8907-01 will remain incomplete until the lease for a portion of Point Hudson is resolved with the Port of Port Townsend. A petition received August 10,1989, with 16 signatures was copied for the council opposing the proposal by the Planning Commission that would require the Norwoods to build a cuI de sac to the boundary of the property directly south. This was referred to the Street/Storm Drainage/Light Committee. I The council received a letter dated August 11,1989, from Charles Wallin informing them that he has requested an easement for a sewer line from the Deerings so that the sewer line will not affect the Gustafson property. He complained that remodeling done by the Deerings was done in violation to city ordinances. This was referred to the City Attorney. RESOLUTION NO. 89-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91 This resolution would authorize the mayor to execute a payback agreement with Fred Okert who has agreed to construct a 6 inch water line in "E" Street from Beech to Redwood Street. This concludes the consent agenda. PUBLIC HEARING I Variance Application No. 8906-02 - Donald L. Burtz. Mr. O'Neill explained that the Planning Commission is recommending approval of the request to construct a second floor balcony addition to the existing single family residence and to rebuild a garage on an existing foundation at 825 Fillmore Street. Mayor shirley opened the hearing to the audience. Mr. Burtz was recognized and spoke in favor of his application explaining the background to the application and some of the history of the house. There being no further testimony offered, Mayor Shirley closed the hearing to the audience and turned the application over to the council for 261 -- - , MINUTES OF THE REGULAR SESSION OF AUGUST 15, Ccmt. disposition. After a brief discussion, Councilmember Kenna made a motion that the council adopt the following findings, conclusions, and conditions and approve the application which was seconded by Councilmember Camfield and passed unanimously by voice vote. I Findings: 1. The applicant has constructed a second floor balcony addition to an existing single family residence located at 8:25 Fillmore Street in the R-I zoning district. The residence currently has a roof extension over the front door which is approximately 13 feet from the front property line, while the remainder of the building line is approximately 16.5 feet from the front property line. The new balcony is approximately 13.5 feet from the property line. Because Section 17.20.010 of the Port Townsend Municipal Code requires a front setback of 20 feet, a variance is sought so that the balcony may remain as built. I 2. In June, 1989, an existing garage on the subject property was partially destroyed by fire. The garage is approximatE!ly 5.5 feet from the southwestern property line. The applicant proposes to re- build the garage in the same location. section 17.20.020 of the Port Townsend Municipal Code requires that all buildings shall be a minimum of ten feet from any street right-of-way. section 17.52.070(A) of the Port Townsend Municipal Code states that when a nonconforming structure is damaged in excess of fifty percent of its real valuation, the reconstruction of the building D\USt conform to all regulations of the zoning district in which it is located. Therefore, a variance is also required to re-build the garage in its present location. 3. The subject property is described as Tax Lot 120, Section 2, Township 30 N., Range 1 West, W.M., and consists of approximately 13,000 square feet. Street right-of-way surrounds the property on all four sides, the width of which varies from 40 feet abutting the southeast property line to 20 feet abutting the southwE!st property line. The right-of-way width abutting the northwest and northeast property lines is approximately 30 feet. The building!:; located on the subject property cover approximately 13 percent of the site. The existing residence was constructed in 1890 and is classified as a secondary historical structure in the designation of the Port Townsend historic district. I 4. The applicant received a building permit from the city of Port Townsend in March, 1988, for a remodel of the existinçr residence. The permit was revised in May, July, and August, 1988, to include additional work proposed by the applicant. The plans 8ubmitted by the applicant in August, 1988, included the second floor balcony. The applicant was informed by the building inspector at the time that the balcony could not be constructed due to the nonconforming front setback. During subsequent inspections of the building remodel work, the building inspector discovered that the applicant had begun construction of the second floor balcony. The applicant was notified that the addition did not comply with the front setback requirements in the zoning code, and a variance application was submitted. 5. The Port Townsend Carnegie Library is located to the southwest of the subject property; the remaining property surrounding the site is single-family residential development. Nonconforming front setbacks are not uncommon throughout the surrounding nEÜghborhood. 6. The applicant states that there was a balcony at one time in the same location as the recently constructed balcony, and that the balcony would contribute to the restoration of the house. The applicant states that the balcony ~s no closer to the front property line than the roof overhang ~ending over the front door, 262 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. and that both the house and the garage were built prior to the zoning code and already nonconforming as to setback requirements. Conclusions: 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on. the official zoning map. I 2. Because of the legal, nonconforming front setback of the existing residence and garage, special circumstances exist which do not result from the actions of the applicant. Furthermore, since the property is surrounded on all four sides by street right- of-way, greater side and rear setbacks are required for outbuildings than are required for most other properties. Because other properties adjacent to the subject property have lesser front setbacks than required by the Port Townsend Municipal Code, a li teral interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 3. The variance would not, 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. 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land. I 6. Because the granting of the variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend city council grants the above-referenced variance as conditioned. 1. The footprint of the garage shall be no closer to the northwest, southwest, and southeast property lines than the existing structure, and shall be no higher than one story. COMMITTEE REPORTS Street/Storm Drainage/Light. Councilmember Jones reported that the committee met and is recommending that a letter be written to the Department of Transportation requesting a stop light at the intersection of Hancock and Sims Way and another one at the main entrance to Safeway. The committee is also recommending the left turn lane be extended on Sims Way from Hancock to beyond the tavern at the entrance to town. He made a motion to that effect which was seconded by Councilmember Owsley and passed unanimously by voice vote. I Councilmember Jones made a motion that the council approve a request from Brent Shirley to remove a tree on "G" Street which was seconded by Councilmember Owsley and passed unanimously by voice vote. Councilmember Jones explained that they have asked Bob and Norma Peters to supply the committee with more information on what they plan to do with their property before they rule on their request to remove trees from the right-of-way. 263 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. Councilmember Jones announced a committee meeting for 5:00 PM on August 30,1989, at City Hall to consider a tree permit for James Carlson and to discuss walkways. I Water/Sewer. councilmember McCulloch reminded the council about two meetings announced for this committee at the last regular City Council meeting - August 24, 1989, at 5: 00 PM, wit:h the Soil Conservation Service and August 29, 1989, at 5:00 PM, to continue discussions with the Forest Service and the Quilcene Anc:ient Forest Coalition. Legislative/Environmental. Councilmember Kenna made a motion that the council issue a declaration of non-significance on the checklist presented by Ted and Robin Shoulberg on a rezone to allow the construction of 14 three-bedroom units which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Kenna made a motion that the council issue a declaration of non-significance on an environmental checklist submi tted for the city of Port Townsend on the Seaview Sewer Project which was seconded by Councilmember Jones and passed unanimously by voice vote. councilmember Kenna made a motion that the council accept lead agency status for a proposed timber cut on fifteen acres of land on the hill top above Hastings which was seconded by Councilmember Camfield. After a brief discussion, the motion passed unanimously by voice vote. I Councilmember Kenna announced a committee meeting on Tuesday, September 5, 1989, at 6:30 PM to consider Ted Shoulberg's environmental checklist related to the building of thE! units. Mr. Hildt questioned why there would need to be consideration of two checklists on the Shoulberg project reminding thE! council of the requirement that a proposal not be evaluated on a "piece meal" basis. Councilmember Kenna explained that the applicant presented the committee with a building plan which the committee has not had time to review. Mr. Hildt recommended that the council combine both checkl ists into a single declaration. Counci lmember Kenna indicated that any action on the rezone could be conditioned to avoid the delay. City Attorney. Mr. Harper explained that he has already issued an opinion to the council in responce to Mr. Wallins' letter of August 11,1989, and indicated that he does not plan to do anything about it. Councilmember Kenna explained that the sewer is not on the Deerings' property. The sewer line is actually on Gustafsons' property and any easement would need to be with the Gustafsons as Councilmember Kenna understood it. Mayor Shirley explained that it was referred to the City Attorney only to determine if any further response was necessary. UNFINISHED BUSINESS I Conditional Use Permit Application No. 487-03 -Joan and David Deering. Councilmember Kenna reported that the committee was requested to review the Firemarshall's approval which they did. He explained that they are in compliance for three units and one over the garage and reported that the committee concurs with the findings and conclusions recommended by staff. council:member Kenna then made a motion that the council adopt the following findings and conclusions and grant the conditional use permit which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. Pursuant to Ordinance 2155, the applicants have requested that 264 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. conditions relating to parking requirements imposed by the City council for the approval of conditional use application 8802-03 be revised. 2. On June 16,1987, the City Council granted a Conditional Use Permit to the applicants to establish a four-unit bed and breakfast inn in their residence at 1208 Franklin Street. Three guest rooms are located in the residence, while the fourth is provided in an apartment unit located over their garage. I 3. Six off-street parking spaces were required for the use, as provided in Section 17.28.080 of the Port Townsend Municipal Code. The City Council added a condition to their approval of the application which required the applicants to execute and record a joint use parking agreement with the First presbyterian Church for four off-street parking spaces. 4. On June 20, 1989, the City Council passed Ordinance 2155 to provide a use designation and provisions for bed and breakfast inns. In Section 6, the ordinance provides in part: "A bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the owner's use plus one parking space for each guest room, provided that for a bed and breakfast inn in a building which is: a. Individually listed on the National Register of Historic Places, or b. Identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976; the required number of off-street parking spaces shall be reduced by the number of on-street parking spaces which are located on that portion of the public street right-of-way which is abutting the front and side lot lines of the property. . ." I In section 8, the ordinance also states in part: "Any and all conditional use permits which are valid on June 1, 1989, and which authorize an existing bed and breakfast inn or tourist home shall remain in effect and may be revised as follows: . . the board may grant revision to any conditions relating to parking requirements contained therein to adjust such requirements to the parking requirements provided in this title. Any such bed and breakfast inn or tourist home may make application for revision directly to the board upon submission no later than December 31, 1989, of a parking plan prepared pursuant to this title and upon payment of a fee in the amount of $75.00. The board, upon a finding that the revision requested would not substantially change the nature of the use, may grant such revision without hearing. The board, in its consideration of such applications for revision, shall follow the standards and criteria for the issuance of a conditional use permit pursuant to section 17.64.040 of this title." I 5. The applicants' residence is classified as a secondary historical structure in the designation of the Port Townsend Historic District. The applicants have submitted a revised parking plan, dated July 10, 1989. The revised plan shows that four on- street parking spaces are available on the portion of Fillmore Street abutting the site, while two on-street parking spaces are available on the portion of Franklin Street, resulting in a total of six on-street parking spaces available under the provisions of 265 MINUTES OF THE REGULAR SESSION OF AUGUST 15, C<mt. Ordinance 2l55. The parking plan also notes that tht3re are two off-street parking spaces available on the site. Conclusions: I 1. The proposed parking revision will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed parking revision will be required to meet all of the conditions and specifications set forth in the R-III zone in which the property is located. 3. The proposed parking revision will not be detrimental to adjoining or abutting property. injurious or 4. The proposed parking revision will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. 5. The proposed parking revision is in conformance with the provisions of Ordinance 2155 and would not substantially change the nature of the bed and breakfast use of the subject prclperty. RESOLUTION NO. 89-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A PRO- PERTY USE AND DEVELOPMENT AGREEMENT WITH WILLIAM L. MASSEY I Mr. O'Neill explained that both the City Attorney and the developer are satisfied with this agreement. Councilmember McCulloch made a motion that the council adopt this resolution which 'ias seconded by Councilmember Jones and passed unanimously by voicE~ vote. NEW BUSINESS RESOLUTION NO. 89-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DIS- BURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88.-58 OF THE CITY OF PORT TOWNSEND Mr. Harper explained that the Historic Preservation CoJnmission has approved this loan and he has prepared the necessary documents. Councilmember Clise made motion that the council adopt this resolution which was seconded by Councilmember Jones and passed unanimously by voice vote. I Shoreline Substantial Development Permit Application :3DP89-0014 - Frank and Mary Norwood. Mr. O'Neill explained thE! conditions recommended by the Jefferson County Planning DepartmEmt staff on this proposal to subdivide 3.85 acres into 6 lots adjacent to the bluff in section 10, Township 30, Range 1 West known as. tax lot 13. Councilmember McCulloch made a motion that the council adopt the following findings and approve the permit provided tJh.e following condi tions are met which was seconded by CouncilmembE~r Kenna and passed unanimously by voice vote. Findings: 1. The Jefferson-Port Townsend Shoreline Management Master Program requires that a shoreline substantial development perndt be issued by the city of Port Townsend for the development of the proposal. The following sections of the program apply in the r,eview of the proposal: 1.20, Purposes", 4.105, "Urban Designation", 4.201 266 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. "Primary Use", 5.160, "Residential Development", "Transportation Facilities", 5.200, "utilities". 5.190, 2. The proposal has been administratively classified as a primary use in an urban designation by criteria established in the Jefferson-Port Townsend Shoreline Management Master Program. 3. The proposal site has a 5-10 degree slope toward a bluff which is between 70 feet and 90 feet high. The bluff consists of a 10 foot to 20 foot vertical face and a steep vegetated slope. At the toe of the slope there are existing railroad tracks and rip-rap shore defense works. The toe of the slope is greater than 35 feet from the seaward edge of the rip-rap. I 4. The soils on the proposal site are well drained, loamy sand. The sloping uplands are vegetated and stable. The bluff appears stable and the slopes below are vegetated and stable. 5. Increased water run off would result from impervious surfaces such as roofs and driveways and from clearing existing vegetation and soil and planting lawns. This increased run off could cause erosion and pose a threat to the stability of the bluff. 6. The proposal site is zoned R-l and R-1A by the City of Port Townsend. 7. There is an existing single family residence on the proposal site. The adjacent properties are residential. 8 . The proposal was reviewed by the Port Townsend Planning commission on April 13, 1989, and found to be in compliance with the goals and policies of the Port Townsend Comprehensive Plan. I 9. The proposal has been reviewed àccording to the Washington State Environmental Policy Act by the City of Port Townsend as lead agency. The City has issued a mitigated determination of non- significance for the proposal on March 21, 1989. The determination states that the anticipated environmental impacts were adequately addressed in the environmental checklist and the preparation of an environmental impact statement was not necessary. 10. Notice of the application was made by publishing legal notices in the July 5 and 12,1989, editions of the Port Townsend Leader, posting the site of the proposed development with notices on July 10,1989, and notifying by mail immediate adjacent property owners. Conditions: 1. The final storm drainage plan shall be prepared by a licensed civil engineer and approved by the City of Port Townsend Public Works Director. 2. Existing vegetation and soils shall not be cleared within 10 feet of the top of the bluff. A note to this effect shall be placed on the final plat. 3. Any vegetation along the bluff which is disturbed as a result of the installation of the storm drainage system will be revegetated. I Short Plat Application No. 8903-01 - Frank and Mary Norwood. Mr. O'Neill reviewed the proposal for the council, explained the actions taken by the Planning Commission on the preliminary plat, and indicated they have approved the final plat now presented to the council. Mr. Hildt clarified his discussion with Ms. Campbell and others during which he listed all the actions possible and explained that the proposed reservation of the fifty-foot strip at the end of the cul-de-sac was requested only to keep as many 267 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Ccmt. options open in the future as possible. After a brief discussion, Councilmember Clise made a motion to adopt the following findings, conclusions, and conditions and approve the final short. plat which was seconded by councilmember Jones. I Findings: 1. The applicants propose a short subdivision of approximately 3.85 acres into six lots pursuant to Chapter 18.38 ()f the Port Townsend Municipal Code. The applicants have submi t:ted a plat titled PRELIMINARY NORWOOD SHORT PLAT prepared by Alan S. Carman of David Evans and Associates, Inc., dated March 21,1989. 2. The subject property is within the R-I and R-IA zoning districts and is described as a portion of the Hammond Donation Land Claim #40 in Section 10, Township 30 North, Range 1 West, W.M., Tax 13, Jefferson County, Washington. 3. The applicants propose six lots as follows: a. Lot 1, .42 acres (18,230 square feet) b. Lot 2, .29 acres (12,595 square feet) c. Lot 3, .24 acres (10,425 square feet) d. Lot 4, .49 acres (21,280 square feet) e. Lot 5, .50 acres (21,715 square feet) f. Lot 6, .60 acres (26,058 square feet) Lot 1 contains an existing dwelling which is occupied by the applicant. I 4. The subject property is bounded by Block 266, Eisenbeis Addition, to the north; Block 274, Eisenbeis Addition and a portion of vacated 4th Street to the west; and unplatted property to the south and east. The eastern edge of the site is a bluff which slopes down approximately 100 feet toward the old Milwaukee Railroad right-of-way and Port Townsend Bay. The northwest corner of the property is bounded by a portion of platted Wilson Street, which intersects with State Route 20, the major t:horoughfare providing access to downtown Port Townsend. Platted Wilson Street is 66 feet wide, and currently provides access to the existing dwelling on proposed Lot 1. The northwest corner of the subject property is approximately ten feet south of the Sta"t.e Route 20 right-of-way, which curves to the northeast of the sit:e. I 5. The applicants are proposing that access to the six lots be provided by a street which would be developed by the applicant and dedicated to the City of Port Townsend. The applicants propose that the new street would intersect with Wilson Street at the northern boundary of the property and curve toward th.e south end of the site, ending with a cul-de-sac. The applicants propose that the street would have a fifty foot right-of-way and that the cul- de-sac would have a one hundred foot diameter. The applicants state that the constructed roadway would conform to City of Port Townsend street standards. The proposed street could also provide access to two existing dwellings which are located on Block 266; these dwellings currently access directly on State Route 20. 6. The Design Criteria for Short Subdivisions SE!t forth in Section 18.38.120 of the Port Townsend Municipal Code require that minimum roadway design standards shall be in conformance with "Ci t1 Design Standards," published by the Washington State DE~partment 0:6 Transportation, January, 1980, or latest revision (Sectiol'Í' 18.38.120 (B) (2), Port Townsend Municipal Code). 'rhese 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, and the minimum surfaced portion of the access street at no less than twenty-four feet. section 18.38.120{B){3) of the Port Townsend Municipal Code 268 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. also states that "Cul-de-sacs shall have right-of-way diameters of one hundred feet at the closed end." 7. The applicant proposes to develop the portion of Wilson Street extending from the state Route 20 right-of-way to the subject property. The applicants propose that left-hand turns to and from State Route 20 would be prohibited through road design and signage. Left-turn lanes are presently available to westbound traffic on State Route 20 at Cleveland street to the west of the subject property; there is no left-turn lane at Wilson Street. I 8. The subject property slopes at a 5-10 degree angle downward toward the bluff. The applicants have submitted a preliminary storm drainage plan for review by the city Public Works Director. 9. Water supply would be provided by a proposed 8-inch water main which would extend from an existing 6-inch water main in Cleveland Street through vacated 4th Street to the proposed dedicated street. The proposed water main would be reduced to four inches after serving a proposed fire hydrant adjacent to Lot 3. The individual lots would be served by 3/4-inch lines extending from the proposed main. 10. Sewage disposal would be accomplished by extending an existing 8-inch sanitary sewer main which is located on the subject property. The applicant is proposing a pump station at the northeast portion of Lot 6 due to the slope of the site. 11. The applicants propose that a fire hydrant be installed in the proposed street right-of-way abutting the east lot line of Lot 3. In a letter dated March 21, 1989, Fire Chief Howard Scott stated that the proposed location of the fire hydrant was adequate. Fire Chief Scott further noted that the Fire Department would prefer a water line system which was linked to another existing water main. This could be accomplished by connecting the proposed water line extension to an existing 6-inch water main in Kanu Drive. The Public Works Director has indicated that a linked system would be preferable, but that thus far it has not been possible to obtain an easement through the property dividing the subject property from Galleon View Estates. I 12. A portion of the subject property is wi thin 200 feet of a shoreline of statewide significance, and thus the proposed subdivision requires a Shoreline Substantial Development Permit. The applicants propose a building setback line for Lots 4,5, and 6 which of fifty feet from the staking line at the edge of the bluff. 13. The bulk and density requirements in Chapter 17.20 ,of the Port Townsend Municipal Code restrict building height in t~ R-I and R- IA zoning districts to thirty feet. In order to preseF~e views for each of the proposed lots, as well as for existing dwellings located to the north and west of the subject property, the applicants are proposing that restrictive covenants be placed on the proposed lots to limit building height to seventeen feet. 14. At its meeting of March 21, 1989, the City Council issued a Mitigated Determination of Nonsignificance for the project after review of the environmental checklist submitted by the applicant pursuant to the Washington State Environmental Policy Act. The mitigating conditions added to the Declaration of Non-Significance by the City Council state that: I a. A final storm drainage plan be prepared by a licensed civil engineer and approved by the Public Works Director. b. The proposed subdivision is subject to the provisions of the Jefferson County/Port Townsend Shoreline Management Master Program. 269 ~- . / MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. c. The appl icants work with the Washington Stat!:! Department of Transportation to ensure safe access to and from State Route 20. d. The applicant develop the portion of Wilson street south of Sims Way to City of Port Townsend design standards. I Conclusions: 1. The proposed short subdivision as submitted is in conformance wi th the goals and policies of the Port Townsend Comprehensive Plan. 2. Under the conditions prescribed below, the proposed short subdivision meets the purposes, standards and criteria of Chapter 18.38 of the Port Townsend Municipal Code, the City Council approves the proposed preliminary plat as conditioned.. Conditions: 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 alonq- front lot lines. 2. Ci ty water supply must be provided to each lot at: no cost to the City and without placement of reservations of future use of water lines so provided. An as-built plan of installed water connections and lines shall be provided to and approved by the Public Works Director. I 3. Prior to the installation of any proposed extension of the City sewer system, an as-built plan of proposed sew,er mains and service lines shall be submitted to and approved by the Public Works Director. 4. A fire hydrant shall be installed by the applicants in the location indicated on the preliminary plat submitted by the applicants. The hydrant shall be supplied and installed in conformance with city specifications and the Uniform pire Code. 5. The proposed dedicated street as shown on the prel:Lminary plat submitted by the applicants shall be developed by the! applicants in conformance with section 18.38.120(B) of the Port Townsend Municipal Code. 6. The applicants shall obtain all necessary access permits from the Washington state Department of Transportation prior to construction. 7. A minimum internal turning radius of thirty-five feet shall be provided for access to the subject property from State Route 20 to accommodate emergency vehicle requir~ments. I 8. On-street parking shall be prohibited in the cul-de-sac. Signs shall be placed adjacent to the cul-de-sac indicating that parking is prohibited. 9. A Shoreline Substantial Development Permit for the proposed subdivision shall be obtained by the applicants prior t:o submittal of the final plat. The final plat shall include a bluff setback line in accordance with the requirements of the Jefferson County/Port Townsend Shoreline Management Master Program. 10. The final short plat shall be prepared pursuant to all of the applicable requirements of Chapter 18.38 of the Port Townsend Municipal Code and shall be submitted to the City Council within three years of the date of preliminary plat approval. 270 MINUTES OF THE REGULAR SESSION OF AUGUST 15, Cont. 11. The applicants shall encourage those neighboring property owners who presently access directly onto Sims Way to utilize Wilson street and the proposed dedicated street as access to their properties. Councilmember McCulloch made a motion to amend the main motion to include the following condition to be labeled number 12 which was seconded by Councilmember Camfield and passed by voice vote with five councilmembers voting in the affirmative. Councilmembers Clise and Jones voted against the amendment. Additional Condition: I 12. The cul-de-sac as shown on the proposed subdivision submitted by the applicants shall be modified so that a fifty-foot wide strip extending from the proposed cul-de-sac to the southern boundary of the subject property is reserved for future street development. The main motion passed by voice vote with six councilmembers voting in the affirmative. Councilmember Jones voted against the motion. COUNCILMEMBERS GENERAL DISCUSSION City Hall Fire Alarm System. Councilmember Jones reported that the museum was presented with a bill for a maintenance contract on the fire alarm system. He indicated that they have not signed an agreement to have maintenance on the system. Mr. Grove clarified that the city also has not signed an agreement and the billing is not in order. Green River Ordinance. Councilmember McCulloch asked what is being referred to on the signs that indicate we have a "Green River" ordinance. Councilmember Kenna explained that it is the restriction against peddlers which first started around the Green River in Wyoming. Everyone else modeled their ordinances after that. Mayor Shirley explained that the peddlers all know what it means. I Right-of-way Purchase in Seaview. Councilmember Camfield asked for a report on the status of the land purchase at 53rd Avenue. Mr. Harper explained that the paperwork is in the hands of the executor of the estate. He indicated that the sale may close as early as next week. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:31 PM. Mayor 63-M Attest: /J~~ Clerk-Treasurer I