Loading...
HomeMy WebLinkAbout11082001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF NOVEMBER 8, 2001 The City Council of the City of Port Townsend met in regular session this eighth day of November, 2001, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Vern Garrison, GeoffMasci, Syd Lipton, Alan Youse, and Bill Wolcott. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, Senior Planner Judy Surber and City Clerk Pam Kolacy. Mr. Frank announced that he will be requesting an addition to the agenda for the special meeting of November 14 which will be an ordinance codifying the voter approval of Proposition 1. Mr. Masci asked if any member of the council objected to waiving the council rule concerning the 9:30 deadline so that all public testimony can be heard on the matters before the council this evening. There were no objections. OPEN RECORD PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENTS Mayor Masci read the rules of order for conduct of public heatings and noted that they would apply to all four public heating matters before the council this evening. He added that appearance of fairness rules apply to these matters. Mayor Masci then asked if any council members have an interest in the property or issues related to the public hearings or stand to gain or lose financial benefit or have any disclosure to make. Mr. Youse stated he will recuse himself from the proceedings regarding proposed amendment #6, rezoning of US West Facility. Mr. Wolcott stated that he has a financial relationship with the proponent of Amendment #8 and therefore will recuse himself from that proceeding. Although Mr. Finnie was not present, Mr. Masci noted that Mr. Finnie has requested to be recused from all proceedings regarding the Northwest Maritime Center (amendment #9). City Council Spec~tl Meeting page 1 November 8, 2001 There were not further recusals nor did any audience member object to the participation of any council member on any matter. AMENDMENT #6 RESOLVE ZONING OF US WEST FACILITY ON LAWRENCE STREET Senior Judy Surber introduced the amendment. She stated that under the US West Facility on Lawrence street is best defined as a "Public Utility" under Chapter 17.08. Prior to the adoption of the 1997 zoning code, public utilities were permitted outright in all zoning designations. With the adoption of the new Comprehensive Plan and zoning code, the site was zoned C-III, Historic Commercial and public utilities were not listed within the use tables. Uses not specifically identified are prohibited, thus the facility is considered a legal, nonconforming use. A requested expansion of the facility would require a revision to the zoning and/or land use tables. The applicant has suggested adding a definition of "telephone exchange" as an outright permitted use in the C-II, C- II(H), and C-III zones. Staff has researched what other types of telephone facilities the definition may encompass and determined that call centers and telemarketing operations would not fall within the definition, however internet access providers would. Larry Harbison, Chair of the Planning Commission noted that the Planning Commission unanimously supported maintenance of the C-III zoning and inclusion of the new permitted use. No additional written materials were presented. Applicant: Arnold Kraakmo from KDW Architects gave an overview of the project and stated that the proponent does not feel a rezoning is warranted since the P-I designation does not provide for a telephone exchange anyway and this minor code amendment is appropriate. The facility is necessary for telephone service in Port Townsend and the high demand for telephone needs in the last years has resulted in a serious need to expand the building. Proponents are comfortable with the definition and feel it is very specific Public comment: None Council questions: Mr. Frank asked whether the site would still be included in the amount of C-III land available in the city; if zoned P-I would that reduce the amount of C-III land? Mr. Randall answered that this would not have a significant impact on the availability of C-III zoning. City Council Special Meeting page 2 November 8, 2001 Motion: Mr. Frank moved to approve the findings and conclusions of the Planning Commission and approve the proposed amendment. Mr. Lipton seconded. The motion carried 5-0 by voice vote, with Mr. Youse recused. Staff was directed to prepare findings and an ordinance to implement the amendment. Mr. Youse returned to the meeting. AMENDMENT #7 RESOLVE ZONING OF ABUNDANT LIFE SEED FOUNDATION ON DISCOVERY ROAD Ms. Surber introduced the proposed amendment. Mr. William Garriss owns property which is zoned P-I although it is in private ownership. Currently part of the site is leased to Abundant Life Seed Foundation for agricultural purposes. Originally, the requested amendment had included a rezoning of the property so that existing and planned activities of Abundant Life Seed Foundation, including educational activities, housing for farm workers/apprentices, and offices, could be accommodated. Mr. Garish originally supported the rezoning but has since rescinded his support while continuing to support the goals of Abundant Life. Staff is proposing amendments to Chapter 17.08, modifying the definition of community supported agriculture and adding a definition for community agricultural centers and adding community agricultural centers as a conditional use in the R-I and RF-II zoning districts. In addition, the P-I zoning would be retained for the property if feasible and amend the use table to accommodate agricultural uses. All of these proposals were approved by the Planning Commission, in addition to a fourth option which provided a rezone to R-II if retaining the P-I zoning was not viable. Mr. Randall added that in regard to the density allowed in the P-I zone, the process is to look to the abutting land and if the abutting land allows residential use, then the farmer apprentice housing must conform to the lowest density residential zone abutting the property. Larry Harbison, Planning Commission Chair noted that the public record shows a significant discussion about rezoning the use of P-I lands. The Planning Commission initially felt the rezoning would be appropriate but when the owner changed his mind, it seemed logical to act in accordance with the land owner's wishes. He added that the vote on issue #4 (rezone to R-II if retaining P-I is unviable) no longer applies to the issue. The Planning Commission felt the current proposal is a logical solution and serves to honor the property owner's request. Applicant: City Council Special Meeting page 3 November 8, 2001 Matthew Dillon, member of the Abundant Life Foundation Board of Directors. He urged the council to adopt the proposed amendment and stated that the organization will conform to any required mitigations. He added that this will make Port Townsend an example for other cities showing how community supported agriculture can exist within a city. Public Comment: William Gariss stated that adoption of the proposed amendment will enable Abundant Life Seed to continue what they are doing in compatibility with the other uses in the zone. He said that this will enable the foundation to emphasize the educational component of their organization. Tom Sehulster stated he is a neighbor of the property, and is in complete support of the use. He urged the council to support the proposed amendment. Mr. Randall noted that some typographical errors have been correction on the exhibit use tables. Approve the recommendations of the Planning Commission as modified by exhibit K-3a through C Council questions: Mr. Frank asked about the tax implications of agricultural zoning. Ms. Surber noted that in 1999 changes were made to expand R-I and R-II zoning to include agricultural uses. She also noted that she had spoken with County Assessor Jack Westerman and he felt that although Abundant Life has previously been taxed as a residential property, the change to agricultural use would not be significant in terms of the taxes assessed. There was a discussion regarding the farmer apprentice program and proposed housing for the students. Mr. Dillon stated that the group would like to see the education issue expanded. Lyn Hersey, Planning Commissioner, clarified that since the P-I zone includes schools, the commission agreed that the educational component would be consistent with that zoning. Motion: Mr. Garrison moved to adopt the Planning Commission 'S recommendation excluding recommendation #4, amended by revision of the definition of "Community Supported Agriculture by changing the final line to read "Instructional activities may be conducted on site" and strike all other language in the sentence and accept staff's recommendation to correct the use table to include "abutting the site" as stated by staff and change the use table to designate community supported agriculture as a permitted, City Council Special Meeting page 4 November 8, 2001 rather than conditional use in the P-I zone (Table 17.24. 020). Mr. Frank seconded The motion carried unanimously, 6-0, by voice vote. RECESS Mayor Masci declared the meeting recessed for a break at 7:55 p.m. RECONVENE The meeting was reconvened at 8:08 p.m. AMENDMENT #8 REZONE PORTIONS OF BLOCKS 278 AND 279, EISENBEIS ADDITION Mr. Wolcott recused himself and left the chambers. Mr. Surber presented the staff report, noting that comments had been received from eight people, with seven opposed to the rezone and one in favor. Mr. Harbison noted that the Commission extended the rezoning south to third street based on Exhibit G18. Some consideration was also given to several letters received from those who did not testify. Their input was not taken into the record when the Commission voted to extend the BCD recommendation. Eight letters were not focused on zoning of their own property but in opposition to the proposed change. Concerns included fear of significantly increased traffic and the character of the street changing from residential to commercial. He referred to Policy 8.4 of the Comprehensive Plan regarding the Gateway Commercial Corridor depth. Mr. Randall then noted that the Planning Commission did not have as much information before them as the council has received. Staff's recommendation is to rezone the following properties from R-II to C-II: Lots 7 and 8 ob Block 278 and south ½ of vacated 4th Street; Lot 1 of Block 279 and the south ½ of vacated 4th Street; Lot 8 of Block 279 and the south ½ of vacated 4th Street. A written comment was received from David Beck who opposed the zone change adjacent to Third street. The letter supported the recommendation that excludes Third street from rezoning, thereby maintaining a buffer zone. Applicant: Frank Vane stated that he does not know the history of zoning in that area but the building he occupies has been used for commercial purposes for 50 years although he does not know if it has every formally been zoned for commercial use. He requested the rezoning from residential to commercial to reflect the true use and history of the property. He added that other commercial uses exist in close proximity. Public comment: City Council Special Meeting page 5 November 8, 2001 Murray Hayes: stated he one block away from rezone area and agrees that businesses should rightfully be rezoned back to commercial, but would like to see lots adjacent to Third Street remain residential for reasons already discussed, such as preserving the character of the neighborhood. Jeff Thompson: asked to reiterate points made to Planning Commission at the public hearing. When he requested the property be zoned commercial, he did not realize how much opposition there was in the neighborhood to rezoning. He thinks the reasons for requesting the rezoning are valid but has other concerns. He is interested in his relations with his neighbors and does not want to do anything to create resentment so he withdraws his support from the rezoning request. Lyle Weyhmiller: a neighborhood resident, wants to keep the area residential and supports staff's current recommendation. Paula Mackrow: former resident of the area, submitted a map into the record. She urged removal of lots 3,4,5, and 6 on Block 278 from rezoning consideration. She stated this is important particularly since Hendricks is not open yet and there are many unopened streets in the area. Laura Clement:' resident of the neighborhood, stated that small businesses are a nice buffer between the neighborhood and the Highway 20 traffic and fit in well with the neighborhood but would not like to expand commercial zoning. Dale Amell: owner of property which formerly housed the Dept. of Motor Vehicles, would like that parcel zoned commercial. Lyn Hersey, Planning Commissioner, Stated that most of this testimony was not heard at the Planning Commission hearings. Motion: Mr. Lipton moved to adopt staff recommendation minus 330 Hancock, which would remain residential. Mr. Youse seconded. The motion was defeated 3-1, with Mr. Lipton in favor and Mr. Wolcott recused. Motion: Mr. Frank moved to adopt the findings and recommendation of the staff. Mr. Garrison seconded. The motion carried 4-1 by voice vote, with Mr. Lipton opposed and Mr. Wolcott recused. RECESS Mayor Masci called for a short recess at 9:05 to allow the Maritime Center proponents to set up for their presentation. RECONVENE The meeting was reconvened at 9:10 p.m. City Council Special Meeting page 6 November 8, 2001 FORMAL AMENDMENT: AMENDMENT #9 NORTHWEST MARITIME CENTER HEIGHT AMENDMENT Mr. Randall noted that the proposed amendment by the Northwest Maritime Center would increase the building height limit on Block 4 of the Port Townsend Original Townsite from 30 feet to 40 feet. Additional exhibits were provided by the proponent. In response to questions, Mr. Randall stated that Bock 4 is the only site affected by the height amendment. He stated that the proposal could be dealt with through the variance process but staff believes this is the appropriate manner since the establishment of the height limit was policy decision. Variances are only appropriate when the nature of the land itself denies the use that others in the area can take advantage of. He affirmed that the height limitation was adopted in 1991 as a temporary measure for 120 days; before that time period elapsed, the city formally adopted the height limitation. There is no mechanism to compensate past property owners who operated under the height limitation. The owners at that time did not challenge the regulation so there would be no claim now based upon an action that took place several years ago.. Project parking issues will be dealt with through the SEPA and Shoreline process. Larry Harbisbn, chair of the Planning Commission stated that the Planning Commission found that this block has the lowest height restriction in the district. Some factors considered were functional issues and also the result of the Historic Preservation Committee recommendations. They found the project to be in keeping with the Urban Waterfront Plan that seeks to preserve and enhance marine trades. In response to Mayor Masci's request for written materials, Mr. Watts read a letter from Emie Baird into the record which favored the project. Ms. Kolacy noted that other supporting letters have been received from the Port Townsend Chamber of Commerce, Phil Andros, and John and Martha Foley. Proponent: Dave Robison, Executive Director of the Maritime Center gave a brief presentation overview of the project. He answered some questions posed previously by council members, stating that the current tax assessment paid if $9,500 per year. He stated that by the first year of operation in 2004, the Center would be paying about $40,958 in property taxes per year. Public comment City Council Special Meeting page 7 November 8, 2001 In respect to the lateness of the hour and the remaining agenda, Mr. Masci requested a show of hands from anyone who wished to speak in opposition to the project. There were none. He then asked for a count of audience members who were present to support the project. There were 29 hands raised. Those who chose to speak in support of the project were: Larry Crockett Bob Sokol Jim Pilvamik Tim Caldwell Ken Shelton John Buhler Marc Downing Jim Buckley Lorna Smith Jon Shelton Holly Mayshark Chris Kluck Jim Jacobson Scott Walker Motion: Mr..Frank moved for approval of Planning Commission 's findings and recommendation. Mr. Garrison seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Garrison and Mr. Wolcott noted that they would recuse themselves from the last agenda and left the meeting at 10:00 p.m. CITY MANAGER'S REPORT 35TM STREET PARK PROPERTY Mr. Timmons stated that although the city has pursued extension of the term of the lease on the 35th Street property, the county has not responded. A formal request has been initiated by the Housing Authority of Jefferson County for the transfer of title of the property to the Authority for development of affordable housing. If the project is approved by the BOCC, a rezone will be necessary and at that time the Parks & Recreation Advisory Board would be tasked to review the request. At this time, it is a "heads up" item which may come back to the city in the future. PUGET SOUND ENERGY FRANCHISE City Council Special Meeting page 8 November 8, 2001 Mr. Timmons gave a status report on the Puget Sound Energy franchise negotiations. He noted that a new proposal will received within the next week and at that time the matter will be docketed before the council. NEW BUSINESS PROPOSED SIDEWALK AND RETAINING WALL CONSTRUCTION IN TAYLOR STREET PUBLIC RIGHT OF WAY EXTENSION ADJACENT TO TERRACE STEPS AND HALLER FOUNTAIN FOR WOLCOTT COMMERCIAL BUILDING AT 842 WASHINGTON STREET Mr. Timmons noted that Mr. Wolcott, in connection with the redevelopment of a commercial building at 842 Washington Street, has applied to the city to construct certain improvements within the Taylor Street right of way at Haller Fountain and Terrace Steps. The matter has come before the Historic Preservation Committee and the Parks and Recreation Board and is now presented to the Council for decision because there are no specific policies, or precedent, that provide standards for review of the request by an adjacent owner to use a portion of right of way that functions as a park. Public comment Karen Nichols: speaking in opposition, stated that she does not think this is a typical street right of way and added that only people within 300 feet of the site were notified. She stated that because the property is a city park in a prominent central location, it is a community-wide issue and wider community participation should have been sought. She stated that the city would set a bad precedent by diminishing the park. Written testimony was also submitted. Sheila Westerman, owner of Park Place Building adjacent to the Hailer Fountain. She noted that as a former council member, she knows that there has been a desire to provide adequate funding some day to improve the park to its fullest potential. She added that she is in favor of the rehabilitation of the building but worries about diminishing the size of the park and particularly stressed that an arborist should be consulted so that no trees will be lost due to the project. Her major concern is looking to preserve vegetation and future vegetation and the future potential of the park for the community at large. Barbara McColgan Pastore: reported as the chair of the Parks and Recreation Advisory Board. She stated that the main concern of the Board was that the green space around the fountain be symmetrical and sightlines be unobstructed and welcoming. She noted that the design feature that is cherished is the plaza which leads people from downtown to uptown and vice versa. The Board recommended that the applicant secure the services of a professional arborist and amend the design of the retaining wall so that the cherry tree roots would not be cut. The Board recommended approval of the proposal with the retaining wall to be sited with the help of a professional arborist with respect to the cherry tree. City Council Special Meeting page 9 November 8, 2001 Jim Rozanski, proposal architect, noted that the applicant plans to revise the plan to add a curve which will save the tree. Scott Walker: stated this is one of his favorite "green streets." He said that the proposal puts a few more eyes on the park and eliminates some comers which have been harboring unsavory activity. He said that the project will really provide public access and that is a good thing for the city. HPC had same concern in findings that work is acceptable and design is acceptable but want modified in such a way that a qualified arborist will monitor the Taylor Street right of way to make sure construction practices assure survival of the cherry tree. Mayor Masci read a letter into the record from Council member Finnie. Mr. Finnie suggested an option which would involve crafting a compromise which would require the applicant to present a sidewalk and shrubbery plan that covers the entire Haller Fountain area and would be a uniform upgrade to the park. Mr, Masci stated that he has had many direct comments from the public. The project clearly benefits the adjacent private owner and perhaps the owner should contribute in some way to the upgrading of the public property. He suggested that the proposed improvements be put on hold or denied so the manager can initiate some public planning process addressing the conceptual plan for improvements and the extent to which the owner should participate in the improvements, then revisit the issue in 90 days. It is possible the proponent should mitigate or offset use of the public right of way by contributing to a larger public project which would enhance and specifically benefit his property. Motion: Mr. Frank moved to approve the request with the conditions imposed by the Parks and Recreation Board and the City Manager. Mr. Youse seconded. Mr. Lipton stated he is concerned about the effect of the project on the stabilization of the hill. He said he cannot support the project until there is evidence of mitigation of the slope problems. Motion: Mr. Frank moved to direct staff to enter into negotiations for a performance bond to assure protection of the right of way area and to guarantee stabilization of the bank and restoration of the landscaping. Public comment: Michael Hedland asked why improvements should be allowed for one park and not for the entire park system. Vote: The motion carried, 3-1, by voice vote, with Mr. Lipton opposed and Mr. Wolcott and Mr. Garrison recused. City Council Special Meeting page 10 November 8, 2001 ADJOURN There being no further business, the meeting was adjourned at 10:35 p.m. Attest Pamela Kolacy, CMC City Clerk city Council Special Meeting page 11 November 8, 2001