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HomeMy WebLinkAbout08/18/1987 379 ---------~-------------------~___tUNVTE~__9L- I~J.~R¡;ßUL~R SE_S~ION_QF_AUGU_~_TJ~, 198}- ----- n -- - -- ---- - ------------',---------------------- ----.---- ..------------ - ------ - --- --- -- -- ..._-----, __n- -- -.- -- ---- ---- _un - ----------- - - - _n--- , I The City Council of the City of Port Townsend met in regular session this 18th: day of August, 1987, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent! ,S Shirley presiding. I ROLL CALL ¡Councilmembers present at roll call were Jean Camfield, John Clise, Glenn Ison, Vern Jones, Mike Kenna, Mary Norwood and Norma Owsley. Also present were City Attorney Keith Harper, Public Works Director Ted'Stricklin, Deputy City Treasurer: Vera Franz and Executive Administrative Assistant/ Planner Michael Hildt. : i MINUTES Icouncilmember Jones made a motion to approve the minutes of August 4, 1987, as , written and to dispense with the reading of them which was seconded by Councilmemt ber Ison and passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Street Park Emergency Medical Water-Sewer Storm and Surface Equipment Rental Services $12,859.45 4,649.75 1 , 192.91 519.73 15,927.06 1,264.54 7,045.98 Water I Councilmember Camfield made a motion that the bills and claims be-paid from the proper funds which was seconded by Councilmember Kenna and passed unanimously by ¡voice vote. i I I !A letter dated August 6, 1987, to Mr Robert Sherwood, McDonald's Corporation, ¡ from William G Romadka, Chairman, Port Townsend Historic Preservation Commission,! ¡was copied for Council thanking him for the opportunity to furnish input into the! ¡plans for the McDonald's proposed building and grounds. , IA letter from Richard Glaubman opposing the establishment of a McDonalds Restaurant : in Port Townsend was copied for Council August 7, 1987!- Mayor Shirley referred' this to the Legislative/Environmental Committee. I IA letter dated August 8, 1987, from Gary Swett, President, Port Townsend Civic ITrust, to the Mayor and Council was copied urging that the Port Townsend Historic: ¡Preservation Commission review the architectural design of the proposed McDonalds: ,¡Restaurant and that McDonalds consider a downtown location instead of the propose~ location on Sims Way. Mayor Shirley referred this to the Legislative/Environmental ICommittee. ' I !A letter dated August 8, 1987, to Ted Stricklin from Naomi Reed was copied for' ICouncil requesting the withdrawal of her Conditional Use Permit to operate a bed ¡and breakfast service at 1427 Washington Street. Mayor Shirley noted that the ¡application has been withdrawn and partial refund of the permit fee refunded. IA letter dated August 11, 1987, to the City Council from Clair L Floyd, President~ !Friends of the Library, was copied for Council requesting that $8,000.00 donated ¡ !by citizens of the community to The Friends of the Library be invested by the City '!'TreaSurer and that the principal and interest be held for Library renovation and: expansion. Claire Floyd presented the check from the audience. Councilmember Ison made a motion to accept the money and invest it as requested which was sec- onded by Councilmember Jones and passed unanimously by voice vote. A letter dated August 13, 1987, from David Goldsmith, Director, Jefferson County; ¡Planning and Building Department, to the Port Townsend Planning Commission was 'copied for Council supporting the proposed changes to the parking requirements~ !of the Port Townsend Comprehensive Zoning Ordinance. Mayor Shirley referred this\ Ito the Legislative/Environmental Committee. I I I COMMUN I CAnONS I 330 -----MINUI-ES- DE-THE-REG UL fA. R-SE5StI-ON-DE-fA. U-G U-SJ.--1-8.,-1-9 8.7-,-6 Qn-t-i -- ---------- - - .- -- -.- IA letter to Mr Robert Sherwood, McDonalds Corporation, dated August 14, 1987, fro I ¡William G Romadka, Chairman, Port Townsend Historic Preservation Commission was ¡copied for Council outlining the conditions for design recommendation from the Commission for the proposed McDonalds Restaurant on Sims Way. I PUBLIC COMMENTS ¡Virginia Wolf was recognized and asked about the normal procedure used to purchase ¡fire equipment. Mayor Shirley explained that there has not been enough funds set aside for the purchase, that State and Federal funds are not available at this Itime, so a bond issue is necessary although a search for funding will continue. ISeina Swindler, Norma Sulis, Pat Martin and Helen Sloan were all recognized indiv- idually and spoke in favor of a McDonald's Restaurant locating on Sims Way for the improvement to th~ area and the economic impact on the city. I ,Pat Martin presented a petition in favor of a McDonalds in Port Townsend and ¡announced that they had a total of over 2,000 signatures, most of which have been ,sent to the McDonalds Corporation. She also expressed concern for handicapped access to the Council Chambers. Mayor Shirley explained that handicapped access Ito council meetings is presently being worked on and that a temporary solution is ¡to hold council meetings at another location when requested. I ¡Virginia Wolf was recognized and spoke of the impact on the community by a new Ibusiness locating in Port Townsend and spoke in favor of McDonalds locating some- ~here other than on Sims Way. , Jim Wilson was recognized and spoke against a moratorium on new business buildings and in favor of McDonalds and other businesses who would like to locate here in Port Townsend. í coila Sheard was recognized and spoke saying the tourists come to Port Townsend to see the historic part of town. ¡'Bernie lundgren, Tony Deleo and Parker Buck were recongized and spoke indivually in favor of solid growth and diversified businesses locating in Port Townsend and ¡for a comprehensive plan to attract business and industry. I COMMITTEE REPORTS I ¡Community Services. Councilmember Norwood reported that the committee met August 113, 1987, with Gregg Wright, Carter Bruskin, and David Kahley regarding garbage ¡and recycling. Gregg Wright was recognized and announced the receipt of a grant ~rom the Department of Ecology for public education for recycling and litter cont~ol 'for the city. The contract will be ready in September. He then outlined the pla~ for the Jefferson Recycling Project. Councilmember Norwood made a motion to adopt the recommendations to form a Citizens Ad~soryCommittee for Curbside Collection Program and to send out a letter from the Mayor for a public awareness program ~hich was seconded by Councilmember Jones and passed unanimously by voice vote. ¡ i ¡Community Services. Councilmember Norwood reported a meeting was held on August 12, 1987, with the County Commissioners for an update on the work on the Senior/ Community Center. Michael Hildt reported the goals of the group are to develop ~he plans for a cost estimate; to work on funding alternatives; and to make recommendations on how. the City and County can proceed with the plan. Council- member Norwood made a motion to appropriate $2,500.00 from the 1987 Budget for Phase I of the design work on the Senior/Community Center Project and to intend ~he same in the 1988 Budget which was seconded by Councilmember Camfield and passed ~nanimOUS1Y by voice vote. I legislative/Environmental. Councilmember Kenna reported that the committee had met ~ith McDonald's Corporation representatives today in relation to the State Enviro~- mental Policy Act. Additï-omIT information regarding omissions or inadequacies on ~he checklist will be forthcoming from McDonalds. I I ~etreat. Mayor Shirley reported the date of the Retreat has been changed to Tues- ~ay, September 29, 1987. I I 381 --------------------____~INUTES_Qf__I~J- .R~§UJl:\R.. - ~E_~~JQ~.., QL.t\UGJ.l.~T~ 113_,_.19$ LL çsmt.m u ------- --"--------¡;:k~::~-~~~~-~-s-t-~--~:Y:;~hirley announced that he has asked that--th~--P~~-t~ dO-C~~--~--- mentation of the bequest be put on hold until the Washington State Arts Commission can be contacted for separate funding sources. 11988 Budget. Mayor Shirley and Michael Hildt have met with the County Commission~rs lion cooperative arrangements to save effort and money. Further meetings will be held-in September. I ¡City Council and Planning Commission Workshop. Michael Hildt reported the Iwill be held Tuesday, August 25, 1987, from 5:00 PM to 7:00 PM in the Pope Park Building. After discussion, it was decided that this meeting will be ¡until that time. ¡contract Change Order No 2. Michael Hildt explained the $300.00 change order to : the Chetzemoka Park Beach Walkway Reconstruction and Shore Protection contract. I Councilmember Camfield made a motion to accept Change Order No 2 and appropriate: $350.00 to the Chetzemoka Beach Assess Budget which was seconded by Counci 1 member I ¡Jones and passed unanimously by voice vote. : I I i I I meeting Marine~ recessèd PUBLIC HEARINGS I Street Vacation AVDlication No. 487-05 - Michael Marson. Michael, Hildt reviewed the findings and conclusions recommended by the Port; Townsend Planning Commission. Mayor Shirley opened the hearing. ; Michael Marson was recognized and spoke in favor of the applicationJ There being no further testimony, Mayor Shirley closed the hearing ¡and turned the application over to the Council for disposition. Councilmember Camfield moved for approval of the application with l¡adoPtion of the findings and conclusions presented by the Planning i Commission. The motion was seconded by Councilmember Ison and ¡passed unanimously by voice vote. The Findings and Conclusions of the City Council are as follows: Findin~s 11. The applicant requests the vacation of the unvacated portionof: an alley in Block 39 of Fowler Park Addition. ! 2. The remainder of the alley in Block 39 was vacated in March, 1979, by Ordinance No. 1831. Conclusions 1 . The ¡policies I 12. I proposed alley vacation is in compliance with the goals and of the comprehensive plan. 3. , The portion of the alley proposed to be vacated is not require~ for current or anticipated overall area circulation. j The effectiveness of fire, law enforcement, medical or other emergency services will not be impaired by the proposed vacation. I 4. There will be no need to retain a utility easement in the proposed vacated alley. 15. I 16. i I The proposed vacated alley is not required as a current or anticipated bicycle, pedestrian or equestrian corridor. The proposed vacated alley does not abut on a body of salt or fresh water. 382 ----_____f:11NUTES OF THE REGULAR SESSION OF AUGUST- 18,-1987, ----- -- -------- ¡ -- ! Cont. ,. 7. Because the proposed alley vacation conforms with the and policies contained in the comprehensive plan and satisfies the review criteria for street vacations se in Section 12.20.060 of the Port Townsend Municipal C application 487-05, vacating the un vacated portion of alley of Block 39 of the Fowler Park Addition, is gra subject to the following condition: goals All fees and compensation pursuant to Chapter 12 of the Port Townsend Municipal Code must be paid prior 0 recording of the vacation. Street Vacation Application No. 487-01 and Conditional Use Application No. 487-02 - Jefferson General Hospital. Michael Hildt, City Planner, reviewed the findings of fact and conclusions J recommended by the Planning Commission on both applications. May r Shirley opened the hearing. Hospital Commissioner Tony DeLeo was recognizedßnd spoke in favor of the applications. There being no further testimony, Mayor Shirley closed the hearing and turned th application over to the Council for disposition. After discussio , Councilmember Kenna moved that the mitigating measures regarding parking and impervious surface adopted by the Council on April 21, 1987, be revised pursuant to the procedures set forth in the Stat Environmental Policy Act to conform with the conditions recommend d by the Planning Commission. The motion was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Kenna then moved to approve the Conditional Use Application No. 487-02 under the following findings and conclusio s. The motion was seconded by Councilmember Jones and passed unanimo sly by voice vote. Findings: i. Applicant proposes a 8,000 square foot addition to the existi g 36,000 square foot hospital building to house a new emergency roo and laboratory. The existing hospital is a legal, non-conforming use established prior to the zoning code. A conditional use permit i required for hospital use in the P-I and R-I zones underlying the subject property. 2. The addition is necessary to carry out state code requirement and has received voter approval for the construction bonds. 3. The subject property is bounded on the west by Sheridan Stree , on the north by vacant property which extends to the clinic at 10 h and Sheridan, on the east by vacant property, and on the south by the existing hospital and multi-service center with accessory parking. There is a large single-family house with outbuildings approximat ly 500 feet to the northeast, a single-family house across Sheridan Street to the northwest, and two duplexes to the southwest across Sheridan Street between 7th and 8th Streets. 4. Vacation of Ninth Avenue is a necessary part of the proposed addition. It has been requested as application 487-01. 5. The City Council on April 21, 1987, issued a declaration of significance regarding the environmental impacts of the proposed addition, provided there be no more than thirty percent (30%) impervious surface and there be a net gain of fifteen (15) to twe ty (20) parking spaces on the side adjacent 'to Seventh and Clevelan Streets. I I I 383 ------------ ----------____~MllliJJE~Of__IHL REJJl!L~R_$E$_~IO_~_OF_Jj!LGl1$J 18_,J987,__C_cmL_- ----~-- --'----------~------------ ----------------- _-__m.._____-- I I I -- -- -- -- - ---- -- ------_u- Conclusions 1. The proposed addition will expand and continue the long- . standing hospital use of the subject property and ,~ill not enda~eI the public health or safety, nor will a nuisance be created. i 2. The addition will be required to meet all of the conditions Jane specifications set forth in the P-I and R-I zones in which the' property is located. I 1 I I i I I i I I I I , ! í , I I I ! ! ¡ I I I I I I I I I I I I I I I I I ' I Councilmember Kenna moved to approve Street Vacation Application No:. 1487-01 under the ~ollowing findings and conclus~ons which motion waß I seconded by Councllmember Jones and passed unanlmousl}' by voice' vote. r I i Findin~s: I ; I , i 1. Applicant proposes to construct an 8,000 square f:oot addition' I to the existing hospital building to house a new emergency room and! I laboratory. Vacation of Ninth Street from Sheridan St;reet to Wilson ¡ Street is requested to accomodate portions of the addition and I accessory parking. I I 2. Al though the original application included a port;ion of i Cleveland Street, the applicant has made plan changes which I eliminate the need for vacating a portion of Clevelandl Street. 3. The proposed use will not be injurious or detrimental to adjoining or abutting property, and is a public neeessity. 4. The location and character of the use will be in harmony with the area in which it is located and in general conformity with ¡th~ Comprehensive Plan. 5. In consideration of the aforementioned findingß and conclusjjo:- the Planning Commission recommends that the above :referenced . application be GRANTED AS CONDITIONED: 1. The proposed new addition shall be constructed in full compliance with all provisions and requirements of the underlying P-I and R-I zoning dis-I;ricts. 2. Applicant shall construct an eight-inch (8") diameter ¡ water main within Ninth Street from the existing sixtaen- inch (16") diameter water main in Sheridan Street to . Cleveland Street, located as approved by the Director ;of Public Works. 3. Applicant shall place fire hydrants at the northwest corner of Cleveland and Ninth Streets, and at the corner of Cleveland and Seventh Streets, located as approved 'by the Director of Public Works. 4. Applicant shall provide at least fifteen (1:5) additional off-street parking spaces more than the number of parking spaces which existed prior to construction of the addition, including those now provided within the Ninth Street right-of-way. 384 ---____J1LNUTES OF THE REGULAR ~~SSION OF AUGUST_1ß.., 1987, Cont. ----,------- -----,- ----------- ------- 3. The applicant is in the process of acquiring Lots 4 and 5 of Block 1 3, the property adjacent to the north side of Ninth Street from S eridan Street to Cleveland Street. When this acquisition is c mplete, the applicant will own both sides of the portion of Ninth S reet requested to be vacated. - 4. The Planning Commission recommended on May 24, 1976, that A plication No. 107, request of Jefferson County Public Hospital D'strict 2 to vacate Ninth Street between Sheridan and Gise; and C eve land between Ninth and Tenth, be denied. I 1. The proposed street vacation is in compliance with the goals and p licies of the comprehensive plan. 2¡. The portion of Ninth Street proposed to be vacated is not rfquired for current or anticipated overall area circulation. 3. The effectiveness of fire, law enforcement, medical or other e ergency services will not be impaired by the proposed vacation, p ovided appropriate emergency vehicle access is maintained and a equate fire hydrants are installed. 4. Retention of a twelve-foot utility easement will assure that any f ture utility corridor needs will be accomodated. I 5~;. The portion of Ninth Street proposed to be vacated is not r quired as a current or anticipated bicycle, pedestrian or e uestrian trail corridor. I 61. The portion of Ninth Street proposed to be vacated does not abut or a body of salt or fresh water. i i 71. Because the proposed street vacation conforms with the goals and pþlicies contained in the comprehensive plan and satisfies the review C~iteria for street vacations set forth in Section 12.20.060 PTMC, t e Port Townsend Planning Commission recommends that the above r ferenced application be GRANTED AS CONDITIONED: I a. I Applicant shall convey an electrical utility easement to Puget Power Sound and Light Company to cover Puget Power's underground and overhead electrical facilities within the area to be vacated. Applicant shall convey to the City a twelve-foot wide general utility easement within the area to be vacated and on an alignment approved by the Director of Public Works. I c. Applicant shall perpetually maintain an emergency vehicle apcess corridor from both Sheridan and Cleveland Streets to the e~ergency room. ! b. d. Applicant shall complete acquisition of Lots 4 and 5 of Block 193, Eisenbeis Addition. I e. All fees and compensation pursuant to Chapter 12, Port Townsend Municipal Code, must be paid prior to recording of the vacation. 3'85 --------------_J'1JN_~I_~S_QF __THE RE.GULAR__SE_S~JQN_QF AW~!JS1 JJ{,__198},_J~_(lJ)t._----------------- -------------------------- - - - ----------_U_---__U___n--_____---------------- I I ---------1-------- -,- I I Planned unit Development Application No. 587-03 - ~Liam Grace. I I Michael Hildt, City Planner, reviewed the findings and conclusions I j recommended by the Planning Commission. Mayor ShirleJr opened the ¡ 'I' hearing. Louis Torres. Olympic Development Planning, representing i the applicant. was recognized and spoke in favor. John Vincent. I I Attorney for the applicant, also entered the discussion. There' 'I' being no further testimony. Mayor Shirley closed the h. earing and turned the application over to the council for disposition. Councilmember Ison moved to approve the findings and conclusions submitted by the Planning Commission with certain amendments to the draft Property Use and Development Agreement suggested by Mr. Hildt[ and discussed by Mr. Torres and Mr. Vincent, together with Exhibit' II C. Management Agreement. The motion was seconded by Gouncilmember ' Jones. The amendments to the draft Property Use and Development' I Agreement included in the motion are as follows: I I I In paragraph 17, line 11. delete "City Attorney" and replace with "City Council". I I I I i I The motion passed unanimously by voice vote. ì The findings and conclusions of the City Council are as follows: I I ! i I F indinlZs I I 11. The applicant proposes to develop a retirement housing Planned¡ I Unit Development consisting of eighty rental units in duplex' I buildings. a managers unit, mini -storage building. and a community I center and park. The proposed development is located on an ¡irregularly-shaped. 21.06 acre parcel bounded on the Hast by San ! Juan Avenue and the Catholic Cemetery, on the north b~r the Happy I j Valley PUD, on the west by the Cloisters PUD. and on i:;he south by ! I undeveloped pasture land. The proposed PUD provides jEor 5.0 acres; I of open space. including 1 - 45 acres of park. 1.48 acres of perimeter I greenbelt. and 2. 03 acres reserved for a storm water retention pond : which would be enlarged from the existing. seasonally--occurring ponjd I in the southwest corner of the property. The applicant would! I provide all on-site streets, sidewalks. parking faciLL ties, and I utilities. In paragraph 18, last line, delete "residential units" and replace with" (20) buildings (40 residential uni 1;s) . " In paragraph 22, line 4, add after "wi thin one year" the words!. I "of issuance by the City of all permits necessarJr to commence I construction,". ' I 2 The residential units would be one and two-bedrooms developed i i~ duplex buildings. Each would have one off-street parking space-: ,i In addition, a parking lot is proposed to accommodate sixty-nine ~ recreational vehicles or boats. i ì 3. Residential density under the proposal would be less than the i , estimated 102 single-family dwellings that could be developed on tlle ! site under current R-IA zoning through a subdivision. ! i , , 386 _____MINUTES~L THE_.B[GULAR SESSION OF AUGUST_Jli, 1987, _Cant. ------------------. ----- . The applicant has submitted an Economic and Market Feasibility tudy which concludes in part: "There is a significant elderly population in Jefferson County and Port Townsend with moderate or better incomes and savings which could afford to rent units in the proposed Townsend Meadows PUD and would provide a potential local market. There has also in recent years been a significant relocation of retired people to the Olympic Peninsula which would augment the existing local market." I ~. The applicant has proposed a construction schedule which would egin as soon as all necessary permits have been obtained and would roceed until completed in five to seven years. . The Port Townsend City Council declared the proposed Planned Unit evelopment not environmentally significant at its meeting on June 2 987. ~. The proposed Planned Unit Development is in conformity with the eneral plans for community development and would not be contrary to he general welfare and economic prosperity of the city or of the "mmediate neighborhood. . The benefits and improved design of the proposed development Justifies the variation from the normal requirements of the zoning ~ode (Title 17. PTMC) through the application of the planned unit revelopment overlay district. ~. The proposed development will create an attractive residential nvironment of sustained desirability and economic stability. ompatible with the character established for the area by the omprehensive plan. I . The economic impact of the development in terms of income levels. roperty values. and service demands is at least as beneficial to th ommunity as that which could be anticipated under the existing basi oning and comprehensive plan. I Is. The population composition of the development will not alter adversely the impact upon school or other municipal service requirements as anticipated under the existing basic zoning and comprehensive plan. 16. The project will not create traffic or pa~king demand incompatib ¡with that anticipated under the comprehensive plan. I 17. In addition to the foregoing. the proposed planned unit development is consistent in all other respects with the requiremen s ¡for a planned unit development set forth in Chapter 17.40.040 PTMC. I 18. The street. lot and subdivision arrangements of the proposed ¡'planned unit development meet the intent of Chapter 18. Subdivision. of the Port Townsend Municipal Code and the proposed project will ¡!constitute a desirable and stable community development in harmony with adjacent areas. ! I 387 ----~------ -----------_____~lN_U_IES_QF __THE.JŒG UL8R -$ E~ LO}.J ..OF:_A U. G_U S_I-- J 8. . _19 8_L._C OJ:Lt._- -- I ------------.--..- ___n >--..-...0-_- ----- 0 0 - 0 - -0- -.. - On -- II 9. In consideration of the foregoing findings and conclusions, Application No. 587-03 is approved pursuant to the following I Property Use and Development Agreement which is to be properly executed and recorded. I PROPERTY USE AND DEVELOPMENT AGREEMENT I I I PLANNED UNIT DEVELOPMENT I THIS AGREEMENT is made and entered into by and between the ' of Port Townsend. a municipal corporation. hereinafter referred I as "City", and Mr. William W.Grace, hereinafter referred to as , "Developer". I TOWNSEND MEADOWS SENIOR RETIREMENT Cit~ to ¡ WITNESSETH I WHEREAS, the Developer owns certain real propertJ' situated in i the City of Port Townsend, Jefferson County, Washington, described: in Exhibit "A", which is attached hereto and by this reference incorporated herein, and I I , WHEREAS, the Developer has petitioned the City in accordance: I with Chapter 17.40 of the Port Townsend Municipal Code for approval, I to develop that property described in Exhibit "A" as a Planned Unit: I Development and the Developer's site plan is attached as Exhibit I "B", and I I , ¡ I I I I I I I I I I I I I I I I I í I I I I I I I I and I all ¡ the I Ρ 3. Access shall be by way of San Juan Avenue, as shown on Exhibit "B". I I WHEREAS, the City has reviewed the petition of the Developer and has determined that the proposed Planned Unit Development conforms with the general purpose of Chapter 17.40 of the Port Townsend Municipal Code, and WHEREAS, certain conditions are necessary and proper to assure! development of the Planned Unit Development in compliance with. accepted principles of land use planning, i NOW, THEREFORE, in consideration of the mutual promises in thi~ agreement, it is agreed as follows: i. The Developer's petition is approved and the property described on Exhibit "A" may be developed in accordanee with the.. site plan attached as Exhibit "B". The site plan has been approved. in accordance with Chapter 17.40 of the Port Townsend Municipal Code and may be modified only as allowed by that Chapter with the exception of minor variations which may be required due to topographic or other conditions later discovered and ~rhich allow better construction methods than would be possible through strict adherence to the site plan. I 2. Prior to commencement of any construction, 1ihe final plat: Management Agreement must be approved by the City Council, and street, water, sanitary sewer and storm drainage plans must be approved by the Public Works Director. 4. Fire Hydrants shall be placed as shown on Exhibit "B". 5 . Manholes shall be placed at maximum intervals of 400 feet, I I along utility service corridors. j 6 - Electrical distribution, telephone, and cable television i ¡lines shall be placed underground. I I l r ,I .. i i I I 388 --~-____-c~INUlE5__0F THE REGULAR SESSION OF AlJGUStJJi, 1987, Cont. - ---------.-------------. 7. An eight-inch (8") diameter water main shall be constructed ¡rom the existing ten-inch (10") diameter wat.er main at Cedar Street nd San Juan Avenue to the water service entrance from San Juan venue to the project site and thence westerly along the water main hown on Exhibit "B" to the easement required under item 9, below. ix-inch (6") diameter water mains may be used elsewhere within the froject. I 8. All utility and street installations required herein shall b n accordance with City established standards and at Developer's xpense, provided that the Developer may receive partial eimbursement for those utility expenses made within the public righ f way which are subject to a recapture agreement which may be xecuted with the City after execution of this agreement but before onstruction. I , 9. A utility easement at least fifteen (15) feet wide shall be ~onveyed to the City from the eight-inch (8") diameter water main feqUired under item 7, above, to the north or west property line, th recise location of which to be determined by' the Director of Public orks when final utility alignments are submitted. A tee connection hall be installed and plugged on the eight-inch (8") main at its ntersection with said easement for future extension off-site. At th eveloper's option, an eight-inch (8") diameter water line may be nstalled within this easement at the time of construction to avoid uture disruption of the site. 10. The Developer shall convey an easement to the City for storm ater drainage purposes the area of the storm water detention pond hown on Exhibit B. 11. A maximum of forty duplex residential buildings (eighty ndividual units), one managers residence, a community center, and ini-storage units shall be constructed within the Planned Unit evelopment as shown on Exhibit "B", except that the following dditional recreational facilities for the exclusive use of resident nd their guests may also be constructed: the tennis courts and wimming pool shown on Exhibit "B"; tables; benches; chairs; gazebo; helters; cooking pits or stands; picnic facilities; and recreation acilities and equipment including but not limited to net and field ports such as volleyball, badminton, horseshoes, and shuffleboard. dditional buildings or uses for noncommercial recreational or ultural purposes compatible with the open space objective of the roject approval may be subsequently developed with the express fpprov'al of the City Council pursuant to Section 17.40.040 (3) (g) of rhe Port Townsend Municipal Code. ¡ 12. No structure shall exceed thirty (30) feet in height. I 13. Cul-de-sacs and other street ends shall have a minimum turning radius of fifty (50) feet to accommodate fire trucks. ~1 14. The Developer shall provide at his expense a transit shelter f a design and location approved by the Public Works Director and he Manager of Jefferson Transit. ti 15. A minimum of fifty (50) parking spaces shall be provided for ecreational vehicles and boats in the lot shown on Exhibit "B", rovided that the total of parking spaces and mini-storage units on his lot shall be no fewer than eighty-one (81). Parking of t'ecreational vehicles or boats on the property other than in this esignated lot is prohibited and shall be so prohibited in any and 11 rental agreements and carried forward as covenants in any and al ,itles or deeds to property sold, conveyed or transferred to others. I I . ¡ 389 --------..----- M ULUT ES~LJHI_REGULARSESSJ_QILD£ BU GUSl_18,_._19BZ, -_C ont '- ---.- ------------'--'---"--'--'---'-""'--""---"--"-'-- -----. . . .".------ _.. .,------_..._----------------,. I I I ! i I , 16. The open spaces shown on Exhibit "B" shall be protected; I and maintained in accordance with Port Townsend Municipal Code, : I Chapter 17.40, Section 040(3) (g) and (h). The property shall be ! , managed in accordance with the terms of the Management Agreement I adopted by reference as part of this agreement and attached hereto I as Exhibit "C". Changes in the Management Agreement which may be proposed from time to time by the Developer must first be approved by the City Council. ¡ 17. The owner of the property described in Exhibit "A" shall~ i pay all taxes as required by law and shall have responsibility for! I maintenance of the open spaces, community center, mini-storage: I building, parking facilities and other improvements shown on Exhibit I "B" or subsequently developed on the property, excepting streets and I water, sewer and storm drainage utilities within a right of way: i subsequently dedicated to the City or conveyed to the City by I easement. In the event the owner wishes to sell, convey or transf~r , one or more separate parcels of said property, an owners association shall be first established in a manner approved by the City Councii to assume responsibility for payment of taxes and for maintenance øf the above-referenced facilities and improvements. The manner of ~ assuring maintenance and assessing such cost to individual properties shall be included in the title to each property sold, conveyed, or otherwise transferred by or from the developer. I I 18. No residential occupancy of the property is permitted . until at least four (4) buildings (8 residential units) have been. I , ¡ substantially (i.e., approximately 90%) completed. No more than! I twenty (20) buildings (40 residential units) may be occupied until' , the community center; parking and storage facilities; and utility I services shown on Exhibit "B" have been completed, provided that t~e developer may designate a completed residential unit as a temporart I community center until occupancy exceeds twenty (20) buildings (40: residential units). I I I I i l 21. The proposed Planned Unit Development, having been i approved by' the City, may now be filed and recorded. I I i i , i I I I , I i , I 19. All improvements constructed on the property shall be in compliance with all City standards except as modified herein. ¡ 20. This document, including all attachments, shall be , recorded with the Jefferson County Auditor and the conditions set i out herein shall run with the property and be binding on the Developer, his heirs, successors, and assigns. 22. If a final plat is not submitted pursuant to and within the time limitations imposed by Chapter 58.17.140 of the Revised Code of Washington, or if at least ten (10) buildings (20 ! residential units) are not completed within one year of issuance bf the City of all permits necessary to commence construction, or if ! construction of all elements included in the plans submitted and; described on Exhibit "B" is not completed within five (5) years of¡ the date of the decision of the Board of Adjustment (City Council)t this agreement shall be cancelled and automatically become null an~ void. ' OLD BUSINESS RESOLUTION NO 87-39 i I I ~r Harper explained the conditions added to this made a motion to adopt Resolution No 87-39 which ~ones and passed unanimously by voice vote, I A RESOLUTION AUTHORIZING A FRANCHISE AGREEMENT FOR OLYMPIC DISPOSAL, INC resolution, Councilmember Ison ' was seconded by Councilmember i !/ J' /! .' I 390 ----- MINUTES OF THE REGULAR SESSION OF AUGUST_.lß_,_198Z-, Cont. T- I ¡ ORDINANCE NO 2076 AN ORDINANCE REGULATING STREET AND PARK TREES WITHIN THE CITY; PROVIDING FOR DEFINITIONS OF TERMS, RULES, AND REGULATION; ESTABLISIHING PENALTIES FOR VIOLATIONS AND AN EFFECTIVE DATE, AND AMENDING ORDINANCE NO 1690. Ms Franz read the ordinance by title. Councilmember Camfield made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Ison and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember Kenna made a motion that the Council adopt Ordinance No 2076 with the deleDon of the last sentence of section 3 and the deletion of the comma after Port Townsend in Section 2, Subsection (b) which was seconded by Councilmember Jones and passed unanimously by roll call vote. ORDINANCE NO 2078 AN ORDINANCE APPROPRIATING THE SUM OF $4,005 TO THE KAH TAl LAGOON PARK FUND, $2,500 TO THE HOTEL/MOTEL TRANSIENT TAX FUND, $11,905 TO THE WATER-SEWER FUND, $10,000 TO THE EQUIPMENT RENTAL FUND AND $21,000 TO THE CURRENT EXPENSE FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY Ms Franz read the ordinance by title. Mayor Shirley explaind that this is the first reading and that the ordinance will be held until the September 1, 1987, meeting for action. NEW BUSINESS ORDINANCE NO 2079 AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE CITY OF PORT TOWNSEND FROM R-II TO C-III TO CORRECT ERRORS IN THE OFFICIAL ZONING MAP FOR THE CITY; AND ESTABLISHING AN EFFECTIVE DATE - Ms Franz read the ordinance by title, Councilmember Ison made a motion that the first reading be considered the second reading and the third be by title only ¡which was seconded by Councilmember Kenna and passed by voice vote 6 to 1 with ]COUnCilmember Camfield against. Councilmember Ison made a motion to adopt Ordin- ance No 2079 which was seconded by Councilmember Jones. After discussion, the ¡motion passed unanimously by roll call vote. . ! RESOLUTION NO 87-56 i ¡ A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING A LATE- COMER UTILITY CONTRACT PURSUANT TO RCW 35.91 Jeff Fairchild has agreed to construct 263 feet of 6 inch waterline from Willow ito Rose Street on M Street. I Icouncilmember Kenna made a motion to adopt the resolution which was seconded by Icouncilmember Jones and passed unanimously by voice vote. !Water Shortage. Mayor Shirley announced that there is still enough water flowing lover the Big Quil Dam that restrictions will not be needed for another week or so. I i 1 ¡Mayor Shirley recessed the meeting into executive session at 10:45 PM to discuss Ilitigation and property acquisition. The meeting was reconvened at 11:01 PM. I EXECUTIVE SESSION I I I 391 MINUTES OF THE REGULAR SESSION OF AUGUST 18, 1987, Cont. -----_.,----,-----------,--,,_----~'---'H___,,_h___,_,-,u'---'_-___m__,--.---'--'----------- ---, --,---- ---- ------ -- -- ------ -.-----... ------..---...--- -----....--.---.___.-h.,.. .-..---- ... -- ----- --- -- ---------- ~-- -~-- I ¡veto of Ordinance No 2079. City Attorney Harper explained the reasoning behind ¡ Ordinance No 2079. After a lengthy discussion and consultation of several maps, i Mayor Shirley declared a temporary recess at 11:15 PM. The meeting was reconveneQ at 11:29 PM. Mayor Shirley read a letter to the Council returning Ordinance No ¡ 2079 with his veto, explaining that information suþsequent to the Council's actiom has left doubt as to whether or not there was an error in the Official Zoning Map: and that after further research, another ordinance may be considered appropriate.: .Councilmember Kenna made a motion to reconsider Ordinanèe No 2079 which was: !seconded by Councilmember Ison and passed unanimously by voice vote. The vote on: ¡Ordinance No 2079 was called for by Councilmember Ison. The vote was 0 to 6 . ¡against the ordinance with Councilmember Norwood abstaining. I I RECESS There being no further business at this time, Mayor Shirley recessed the meeting I at 11:37 PM until 5:00 PM on August 25, 1987, at the Marine Park Building. CONTINUATION OF THE REGULAR SESSION OF AUGUST 18, 1987, ON AUGUST 25, 1987. ¡ Mayor Shirley called the meeting to order at 5:00 PM this 25th day of August, 198?, in the Marine Park Building. i ROLL CALL I Councilmembers present were Jean Camfield, John Clise, Glenn Ison, Mike Kenna, Mary Norwood and Norma Owsley. Councilmember Jones was absent. ,~lso present weré City Attorney Keith Harper, Deputy City Treasurer Vera Franz, Administrative Assis- i¡tant/Planner Michael. Hildt and Planning Commission Members Alan Carman, Bob Grimm¡ Ron Kosec, Don McLarney, Nancy Slater and Jim Tavernakis. I I PORT TOWNSEND GATEWAY PROJECT ~ichael Hildt explained the reason for this joint workshóp and introducèd Doug Baker, Staff Associate, Association of Washington Cities; David Goldsmith, Director, Jefferson County Planning and Building Department; and Keith Harper, City Attorney. ¡ I iMr Hildt presented an outline of a work program to address Council concerns regarQ- ing the future development of the SR 20-Sims Way corridor from th'e City Limits I to the Ferry Dock. A discussion ensued concerning traffic hazards, business oppor- tunities, urban design and the costs and time necessary to consider incentives, guidelines and controls. I ¡There I I I IThere bei ng r'40 PM, , I I I I were no motions or decisions at this meeting. , 1 , I I I t no further business, Mayor Shirley declared the meeting adjourned at ; ADJOURNMENT 63:A:7~ ) : Mayor (-:;--: Attest: t4;~~~