Loading...
HomeMy WebLinkAbout11/03/1987 415 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1987, Cont. --------------------_u------------ -- __n______- -------...--,--- ---------'-------'----u-.'--'--'---- ---------- --------------'------------------' -------,---- ----. , -__--HU--____--.-- -- u_----- ------ I Councilmember Camfield made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Ison and passed unanimously by ¡VOiCe vote. I I IAn Environmental Checklist dated October 8, 1987, from Nordland Construction was - ¡'copied for the Council on a proposal to construct retail spac. e of 12,000 square i feet on Lots 5-7 of Block 4 in National City Addition #1 east of Sims Way. Mayor: !Shirley referred this to the Legislative/Environmental Committee. ; I The Council received a petition dated October 21, 1987, with six signatures! requesting that the city post signs at Walker and Harrison and station a patrol- I man to apprehend speeders at Harrison between 7 and 8 AM daily. They further. request an asphalt curb on Washington Street to provide a 3 foot strip for pedes-! trians. Mayor Shirley referred, this to the Police Committee. : IA letter dated October 21, 1987, from Kenneth Hulett of Interwest Savings Bank, 'was copied for the Council expressing concern for the use of the property under Ithe proposed draft of the Shoreline Management Plan. Mayor Shirley referred this! 'to the Legislative/Environmental Committee. ¡ COMMUNICATIONS A letter from Imogene Welch Cotton was copied for the Council on October 23, 1987L opposing the restriction of impervious surface p~oposed in No 8 on page 24 of the; New Shoreline Development Draft because it is ùnfairly restrictive and reduces: economically viable use of commercial waterfront property. Identical letters wer~ also received from John and Shan Nesset and Bo Sullivan. A similar letter was ¡ also received from Willian Massey. Mayor Shirley referred these letters to the i Legislative/Environmental Committee. I COMMITTEE REPORTS I , Police Committee. Councilmember Clise announced a public meeting set for December 1, 1987, at 5:30 PM at City Hall that will include the downtown merchants, Police: ¡Department and other interested people regarding problems with teenagers and other Idowntown police issues. The police have checked the traffic on Washington Street: ¡with unmarked cars and radar on October 23, 26 and 27, and found that the speeds: Itravelled are generally under 35 miles per hour and are going to continue to make: periodic checks in the area. Statements forms have been given to the person who ¡ ¡brought the prostitution complaint to the Committee which have not been returned: i as yet. i Street Committee. Councilmember Jones reported the meeting with the Committee and the Hospital had resolved the problem of the appraisal of the street for $17,500.00; It is no longer a city problem. A brief discussion of the downtown parking of trucks that are loading and unloading and the possible conflict with the expected new fire equipment ensued. ¡ I Legislative/Environmental. Councilmember Kenna announced a meeting to be held November 9, 1987, at 5:00 PM, _to go over the proposed Shoreline Master Program. , Councilmember Kenna made a motion that the Council make a mitigated declaration ¡ ,of non-sig~if;cance for the Nordland Construction Company, Inc, for the building I lof a new commercial retail space on Sims Way across from the Jackpot Gas Station.; which was seconded by Councilmember Jones. After discussion, the motion passed, unanimously by voice vote. After discussion of the public meeting schedule of ' this, Councilmember Jones made a motion to rescind the foregoing declaration which was seconded by Councilmember Owsley and passed unanimously by vó;ce vote. A ' ¡hearing was set for November 17, 1987, at 7:00 PM. I , I Acceptance of Street. After discussion of the drainage problem, Mayor Shirley ¡ directed the Public Works Department to notify the Washington State Depãrtment o~ Transportation that the city wi 11 not accept the street unti1;'repairs have been !made.on Water Street. "Finance Committee. Mayor Shirley announced a meeting to go over the CitrAttorne!yls ,1988 Budget at 7:00 AM on November 5, 1987. I ¡ i I 416 MI NUTES OF THE REGULAR SESS ION OF NOVEMBER 3,. 1982, Cont. . - ------ ------- .- .-. -. - -...- ¡Animal Control. Councilmember Clise announced a meeting 11987~ of the POlice/Fire/Animal Control Committee. ¡Planning Commission. Michael Hildt announced a Planning Commission Workshop on ¡November 12, 1987, at 7:30 PM, on fences and building code provisions for fences. IMainstreet. David Kahley was recognized and announced that the city will be re- ¡imbursed in 1988 for expenditures in 1987 for the Litter Control and Recycling IProject. David Grove explained that an emergency appropriation for the 1987 Budget would be necessary. Councilmember Camfield made a motion to prepare the ordinancé for introduction at the November 17, 1987, meeting which was seconded by Council- member Jones and passed unanimously by voice vote. Mayor Shirley announced the Mainstreet's Building Lighting Project as part of Washington State's Centennial. Mr Kahley further explained the project and showed an example of the lights. I at 9:00 AM on November 1ffi, PUBLIC HEARING Variance Application No 787-02 -Time Oil Co (Sign Area). Michael Hildt reviewed the findings and conclusions of the Planning Commission and a pencil sketch of a reader board on the Jackpot plans submitted in May, 1986. Mayor Shirley opened the hearing to the audience. Dale Hendrickson of Time Oil- Company was recognized land spoke in favor the the variance. There being no further testimony, Mayor! Shirley closed the hearing to the audience and turned the variance over to the I Council for disposition. After a brief discussion, Councilmember Ison made a motion that the Council declare the reader board to be considered a legal non-conforming sign which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Camfield made a motion that the Coùncil make the following findings of fact and deny the variance which was seconded by Councilmember Owsley. After a brief discussion, the motion passed unanimously by voice vote. findine:s: ~. Time Oil Company proposes addition of a gas price sign of ~hirty-six square feet to the existing free standing sign at 2342 rims Way, the Jackpot Service Station and convenience store. The proposed sign would be an illuminated, freestanding, two-sided gas price sign mounted to the existing sign pole at the southeast corner bf the property. A variance is requested because the addition of the þroposed sign would result in a total sign area of over four times ~he 100 square feet of sign area permitted by the sign code (Chapter i7.34 Port Townsend Municipal Code). , I 2. Signs currently existing on the premises are listed on Attachment A. Assuming that all existing window signs, except neon I brand name beer signs, are either incidental signs or temporary kindow signs, the existing sign area totals 611 square feet. I . ß. A letter from the appl~cant dated August 20, 1987, states that the mansard sign (111 square feet), pole sign (192 square feet), ~eader board (64 square feet), trailer dump sign (15 square feet), ~as price pools (36 square feet) and the two east and west wall sign. (133 square feet) were installed in August, 1986. Those I honconforming signs now in existence which were erected prior to July V, 1986, the effective date of the sign code, are legal, I þonconforming signs. Accordingly, the painted-on "JACKPOT DELI" wall signs on the east and west walls; the standing gas price sign, the þole-mounted reader board, the large "COPIES 5C" wall signs; the ¡'CHICKEN 'n SPUDS" and "VIDEO RENTALS" banner signs; as well as the neon, brand-name beer signs, have been erected after adoption of the bign ordinance and were illegally installed without permits. The ~ansard sign and the pole sign are shown on the building permit, dated May 7, 1986. Since the building permit application preceded ~he effective date of the sign9ode, to the extent not in complianc rith the sign code, these signs are legal, non-conforming and may remain (17.34.160 Port Townsend Municipal Code). I I I I ! i i I I I 417 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1987, Cont. ---,,---- -----.---.----------- ~_._------- -- ---- -----------.------..------- --~----- '----~~--------------'._-_._,-,-, .---......-.....----- .-.....-'- --- -.- .'.- I I I ... -.. ---... 14. The subject property is in the C-II zone on the north side of i State Highway No.20 (SR 20), Lots 4-9 and 14-19 of Block 2 of the ¡ Swan Park Addition, between Howard and Cliff Streets. Immediately i east of the property is Port Townsend Honda and Marine, to the ¡ north and east are vacant, wooded properties which are commerciall~ zoned. The Hilltop Tavern is approximately 500 feet to the west. Across SR 20 is vacant property zoned C-II and R-IA which is signe~ I with real estate signs. Further to the east the SR 20-Sims Way' i corridor is generally developed with commercial establishments, I I predominately auto-oriented retail and real estate businesses. I Sims Way is the major thoroughfare entering Port Townsend. The I subject property is approximately one-half mile inside the western ¡ I city limits. The speed limit is forty miles per hour. i 5. The applicant states that the subject property is highway I oriented and requires more signing to attract business than areas I with slower moving traffic. The applicant also considers the I establishment is three businesses--grocery, deli and gasoline-- I each requiring signs to display its existence to motorists. 6. Though Jackpot offers multiple products, it is operated as a single retail business and does not meet the definition of a "multiple-tenant building" (17.34.030 Port Townsend Municipal i Code). The question is moot in this case, however, because three I businesses in a multi-tenant building are allowed thirty-two I square feet of sign area each, for a total permitted sign area of I ninety-six square feet. 7. Chapter 17.34 (Signs) of the Port Townsend Municipal Code provides greater sign restrictions for the commercial historic district, encompassing most of downtown Port Townsend:1 than those restrictions which apply to other commercial properties including the subject property. 18. Time Oil Company supplies a standard 3 ft. X 6 ft" gas price ! sign in addition to the 3 ft. X 9 ft. sign originally proposed to I be erected in the application. By letter dated September 21, 1987, Time Oil Company has amended this variance application to a 13ft. X 6ft., pole-mounted, gas price sign to be erected under I conditions of the application. i I Conclusions: ,1. Literal interpretation and strict application of the ! provisions and requirements of the sign code would not cause :,' hardship because of unique or unusual conditions pertaining to the ¡ specific property in question. Although the applicant's desire to! i erect larger signs is acknowledged and appreciated, such condition: I is not unique to the applicant's establishment and pertains equally I' to other properties subject to the sign code along the SR 20-Sims t Way Corridor. The applicant's need to post gas price signs can be I I met without variance by using the existing, legal, nonconforming, I pole-mounted readerboard for this purpose. 2. The granting of the variance would be materially detrimental to other property owners in the vicinity to the extent erection of the proposed sign would compete visually with smaller less ¡ obtrusive signs. Accordingly, granting of the proposed variance would doubtless serve as an inducement for future variance applications and be cited as justification for granting such requests. 3. The granting of the variance could be materially detrimental to the travelling public by increasing visual distrac1~ions 418 ------ __]INUTES-9~THE~ßULAR SESSION OF NOVEMB~R 3, _1987, Cont. ---------- ---------- I ~esulting from the increased sign area requested, as well as the bumulative effects of future large signs erected by neighboring tusinesses which would therefore be compelled to compete for attention in a more sign-cluttered roadside. II. The granting of the variance would be contrary to the objects of his chapter relating to the reduction of clutter; improvement of th uality of living; enhancement of natural beauty; creation of a more ttractive economic and business climate; and encouragement of ppropriate advertising and display signs which harmonize with tuildingS, natural settings and other signs in the area. I $. Because the request proposes to relocate a nonconforming sign, granting of the variance would be in contradiction of Section 17.34.160 of the Port Townsend Municipal Code pertaining to tonconfOrming signs. 6. Because the request does not meet the criteria for variance from the sign code, would be contrary to the purposes set forth by the ~ity Council in enactment of the sign code, and would by precedent ¿onstitute an amendment de facto, the application is DENIED. I I Sign Inventory as of September 13, 1987: Wall Sil!ns * * * * "STROHS ..." (Neon) "COORS ..." (Neon) "RAINIER" (Neon) "BUD LIGHT" (Neon) 1 X 2 1 X 2 1.5X2 1.5 X 2.5 fEA 111 I 8 20 I 21 L j ~ 3 I 4 I Front of Building: "GROCERY DELI" (Mansard) "COPIES 5C ea" (Two) "CHICKEN 'n SPUDS" (Banner) "VIDEO RENTALS" (Banner) DIMENSIONS 3 X 37 2 X 2 x 2 2.5 X 8 3 X 7 * * * West and East Walls: * "JACKPOT DELI" (Two) 4.6 X 14.5 x 2 Window Signs--Permanent Free standine: sil!ns Pole sign (Double-faced): "JACKPOT FOOD MART..." Reader Board 192 64 J5 I -f: square I- I feet * Denotes signs erected illegally without permit after the effect~ve date of the sign code. (There are also approximately 35 square feet of window signs which may be considered either "temporary" or "incidental" Ind thereby not included in the calculation of sign area.) 5.5 X 17.5 X 2 4 x 8 x 2 "TRAILER DUMP &: WATER..." 3 X 5 3 X 6 X 2 * GAS PRICE POOLS (Double-faced) TOTAL EXISTING SIGN AREA 419 -----,----"~---_____MINUTES- OF -1H[B_[G1J_~_,L\~__~l~SI.QlLJJf_NOVJ:r11tELL3,_19ÇJZL,Çont. --------------------------------- ---- -------- --------------------- - ---- - _Un -- ---- -- ------- _n .n OLD BUSINESS ORDINANCE NO 2092 I I . I I Councilmember Ison amended his motion to add the wording included in the re-typed; version of the ordinance which was seconded by Councilmember Jones and passed I unanimously by voice vote. The motion to adopt Ordinance No 2092 passed unanimously by roll call vote. i AN ORDINANCE RELATING TO ZONING, PROVIDING FOR THE RECONSTRUCTION OF NONCONFORMING BUILDINGS DAMAGED BY FIRE OR OTHER CALAMITY AND AMENDING CHAPTER 17, SECION 52.070, OF THE PORT TOWNSEND MUNICIPAL CODE. I I I I I I Ijames Car 1 son (rom San Juan I NEW BUSINESS RESOLUTION NO 87-65 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING A LATE-COMER UTILITY CONTRACT PURSUANT TO RCW 35.91 has agreed to construct an 8 inch sewerline extending in Cedar Street Avenue to a point approximately 300 feet east of San Juan Avenue. I I I ¡ IAlbert and Pauline Amell have agreed to construct an 8 inch sewerline in Umatilla; ¡Street from McNeill Street to Landes Street. councilmember Ison made a motion to adopt the above resolutions which was seconded by Councilmember Jones and passed unanimously by voice vote. I RESOLUTION NO 87-66 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING A LATE-COMER UTILITY CONTRACT PURSUANT TO RCW 35.91 _I Public Hearings. Councilmember Jomes made a motion that the Council conduct a , ¡public hearing on Handicapped Access to City Hall during the regular councilmeeti~g Ion December 1, 1987, to be held in the Jefferson County Courthouse which was: ¡seconded by Councilmember Clise and passed unanimously by voice vote. ; Icouncilmember Ison made a motion that the Council conduct a public hearing on the! ¡Downtown Parking Amendment to Zoning during the regular councilmeeting on November ,17, 1987, which was seconded by Councilmember Jones and passed unanimously by voice ¡vote. l ¡Shoreline Development Master PLan. Councilmember Kenna reported that it is likel~ ¡there will be several modifications to the draft of the Shoreline Development, Master Plan before it is considered ready for adoption. He suggested that the Legi_slative/Environmental Committee conduct a public hearing independent from the; entire Council to receive public comments and prepare the necessary modifications: ¡before the draft is returned to the entire Council for consideration. Mayor -': i ¡Shirley indicated that if the entire Council wanted to later hold a second hearing, they could do so.. After a brief djscussion, Mayor Shirley declared that the Coun~ I cil would support a separate hearing by the Legislative/Environmental Committee. ¡ ! Litigation. Councilmember ¡next councilmeeting. I i There being 8:58 PM. Clise asked for a report on possible litigation for th~ i ADJOURNMENT ¡ I no further business, Mayor Shirley declared the meeting adjourned at ! í IAtteSÄ4 ~ Clerk-Treasurer G3=D~1 Mayor