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Home My WebLink About03282005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL SESSION OF MARCH 28, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in special session this twenty-eighth day of March, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Deputy Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, and Michelle Sandoval. Catharine Robinson was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Long Range Planning Director Jeff Randall, City Clerk Pam Kolacy. CHANGES TO THE AGENDA . Ms. Sandoval requested that the skate park issue be taken first as it is a short item. There were no objections. Public Works Director Ken Clow reviewed the agenda material. He also noted that the action might be delayed due to the bid process, as only one bid was received and that it was considerably more than the estimate; staff is now evaluating what steps to take before returning to the Council. Public comment: none Motion: Mr. Masci moved to authorize the City Manager to surplus the existing skateboard equipment to Jefferson County at no cost so long as Jefferson County removes the equipment at its own expense, contingent upon acceptance of a hid/or the new skate park. Mrs. Medlicoft seconded. The motion carried unanimously, 6-0, hy voice vote. ORDINANCE 2893 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND TABLES OF CHAPTER 17.72 OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC), "OFF STREET PARKING AND LOADING," IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE GOAL AND POLlCY DIRECTION City Council Special Meeting Page I March 28, 2005 . CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO CHAPTER 17.72 PTMC AS SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DA TE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Deputy Mayor Sandoval opened the public hearing for comment. Public comment Scott Walker: expressed concern about changing standards for Accessory Dwelling Units as they essentially add 50% more cars to the mix. He stated he would prefer that when an ADU is built, the owner signs a no protest agreement so that if at some time there is a problem with on-street parking, they would agree to join in a streetscape improvement LlD. He is also opposed to elimination of bicycle parking at residential treatment facilities as an employee may ride a bicycle to work and only two spaces were allowed, which is basically one bike rack. He opposed the changes for medical and dental offices and asked why no private parking structures were allowed in commercial districts (example: Homer Smith parking garage). He added that a lesson was learned at the walkable community workshop last week that putting on-street parking on high capacity streets may be desirable so the City may not want to preclude this in the future (example: upper Sims Way). . Mr. Benskin stated reserves about the requirement that on-street parking spaces must be improved to city standards, stating this would create challenges for property owners. He would prefer not going as far as this revision suggests. Mr. Masci suggested decisions be made based specifically on particular properties, with DSD director approval based on the impact to the local region. He characterized this as a "voluntary prescriptive" approach. Ms. Sandoval stated that if people are building ADUs for additional income, they might be restricted from doing that if extra requirements are specified. Mr. Watts noted that there couldn't be a totally discretionary system; he stated there could be standards with certain conditions making a waiver possible. Mr. Randall stated that what the Council is discussing is basically what the current code allows; currently two parking spaces are required. Staff originally proposed to waive all requirements in the National Historic District. Mr. Benskin expressed support for leaving the code as is; he does not want to go in the direction of encouraging people to use their lots to provide parking spaces. . City Council Special Meeting Page 2 March 28, 2005 . Ms. Sandoval stated that many people end up parking on unopened streets or street ends and those should be brought up to standard. Motion: Mr. Ko(ffmoved that we do not change the current parking requirements/or ADUs other than to add that (fan ADU is huilt then a no-protest agreement must he signed if the street fronting on the property is determined to require an LID for improvements. Mr. Masci seconded. Mr. Watts stated the other part of the issue is that if the owner doesn't want to sign a no- protest agreement then there would be the option of improving the street to the Public Works standard. Ms. Sandoval stated that if someone doesn't have two parking spaces on site they couldn't build or need to seek a variance. Vote: Motion carried, 5-1, S'andovalopposed. Mr. Randall suggested going through the other suggested amendments so staff can quickly frame what has been drafted in response to Council's concerns from the last meeting. It was agreed that each section would be voted on if there were not consensus. Revision 1 Reference to "Historic District"... . Consensus to accept stqffsuggested revision. Revision 2 Maximum. . .. within Historic District Consensus to accept stqU'suggested revision. Revision 3 Exemption for "no protest" agreement Mr. Randall noted that this revision removes the option of paying a fee in lieu of providing parking spaces. Consensus to accept staffsuggested revision. Revision 4 Modify language in "Applicability and exemptions" Mr. Randall noted that this is in response to Mr. Goldman's comments proposing that language should be explicit that a variance would be required. He noted that staff does not support the revision as it is unnecessarily redundant since the variance process is built into the code. . Motion: M<;. Fenn moved to insert proposed language in 4D to the draft ordinance. Mr. Masci seconded. The motionfàiled on a 3-3 tie vote, Medlicott, Masci and Benskin opposed. City Council Special Meeting Page 3 March 28, 2005 . (Revision 5 reserved until end of discussion) Revision 6 Duration of "pre-existing uses" The duration is currently two years; language proposed to either change to one year to mirror the duration of grandfathered uses in 17.78.040(B) or three years, a more lenient time period which would possibly promote uses and development and allow for properties that stay on the market for an extended time period. Motion: Mr. Masci moved to modify 17. 72. 060(D) from two years to three years. Motion carried, 5-1, hy voice vote, Fenn opposed. Revision 7 Clarification of "sleeping unit" in Table 17.72.080 for lodging uses Mr. Randall noted that "sleeping unit" is not a defined term in the code; however hotel/motel unit is defined and therefore would add clarification to the table. Motion: Mr. Masci moved to agree to the change in terminology.from "sleeping unit" to "hotel/motel unit" in Table 17.72.080. Mr. Koljf seconded. Motion carried, 4-2, Benskin and Medlicott opposed. . Revision 8 Revise minimum and maximum parking space requirements for ------------ residential treatment facilities Mr. Masci noted that his suggested change was not to eliminate the bicycle spaces but to leave those and provide a reference to motorized scooters that are ADA compliant. Motion: Mr. Masci moved to adopt changes to Table 17. 72.080 with the re- estahlishment of required bicycle ::,paces at residential treatment facilities. Ms. S'andoval seconded. Mr. Kolff objected to the increase in minimum required parking spaces for multi-family senior-use dwellings from 1 to 1.25. Vote: motion carried, 4-2, hy voice vote, Kolffand Fenn opposed. Revision 9 Revise parking space requirements for medical and dental offices.... Motion: Mr. Masci moved to accept revision as revised by stqtTand presented in the March 23, 2005, document. Mr. Ko(ff seconded. Motion carried, 5-1, by voice vote, Medlicott opposed. Revision 10 site.. .. Permitting parking spaces for single-family dwellings to be located off- . City Council Special Meeting Page 4 March 28, 2005 . Mr. Randall stated that staff requested this change and that it is intended to permit greater flexibility in the location of off-street parking spaces required for new single-family residential uses. Consensus: accept staff suggestion for mod~fication of 17. 72.11 0 (A) Revision 11 Investigate development standards for new municipal parking facilities. Motion: Mr. Masci moved that Council address the issue ofdevelopment standards for parking garages (puhlic and private) as a separate issue. Ms. Sandoval seconded. Motion carried, 5-1, by voice vote, Fenn opposed. Revision 12 wheelchairs Modify Table 17.72.080 to require parking spaces for motorized Consultant Eric Toews stated that he has been unsuccessful in attempts to find any examples of off-street parking requirements that require spaces specifically for motorized scooters or wheelchairs; language presented addresses the concern in a broader sense by referring to ADA compliance in general. Consensus: accept revision as presented. Revision 13 Parking variances - permit process . Motion: Mr. ~Masci moved to retain language in 17. 86. 040 (B) that was struck in March 23, 2005 stqff memo. Mr. Benskin seconded. Discussion ensued regarding the difference between major and minor variances and whether greater flexibility would be allowed with the change. Mr. Toews noted that there is a difference between approval criteria and approval process. Changes which are not classified as minor variances may be processed as minor variances. Vote: motion carried, 4-2, hy voice vote, Sandoval and Fenn opposed. Revision 14 Transit impact fees Motion: Ms. Fenn movedforfurther consideration of transit impactfèes apart from this ordinance. Mr. Ko(ffseconded. Motion carried unanimously, 5-0, hy voice vote (Mr. Masci not presentfòr the vote). Revision 15 Correct erroneous references to "public works director," etc. Mr. Randall noted that references to "BCD" would be changed to "DSD" throughout the code. . City Council Special Meeting Page 5 March 28, 2005 . Public Works Director Ken Clow stated opposition to the suggested changes in paragraph C from "public works" to "DSD" director, noting that it is clear that Public Works deals with issues in the right of way and DSD deals with issues on private property. DSD would implement but it is appropriate that Public Works is responsible for the design part. Consensus: accept housekeeping changes but retain "public works" rather than" DSD" director per Mr. Clow 's comments. Motion: Mr. Ko(ffmoved to strike the last sentence starting with "Due to the high level o/trqffic, ... .... " because the City may want to incorporate on-street parking on Sims Way and other streets. M<;. Sandoval seconded. Motion carried, 4-2, Benskin and Masci opposed. Revision 16 Investigate requirements and development standards for new transit facilities and services. Consensus: After some discussion, staff was tasked to have discussions with Jefferson Transit so additional information can be provided. Revision 5 Historic District exemption - ADUs . Mr. Randall noted that one of staff's issues is the situation where an applicant either can't or will have difficulty creating an off-street parking space. Mr. Clow noted that when street parking is not developed properly we end up with situations like fìlling in a ditch that is supposed to be carrying stormwater; he stated the regulations need to place some emphasis on putting the parking in front of the impacted property rather than pushing it off to a neighbor. Motion: Mr. Benskin moved that under the "residential uses" on page 4, in addition to the two spaces, retain language in the residential use table keeping two spacesfor residential including one additional off-street parking space for a total o.lthree parking !Jpaces. Mr. Masci seconded. Ms. Fenn spoke in opposition to adding another required parking space; she stated the previous agreement was to retain two, with parking located only on the street. She also noted this would change the previous vote. Mr. Masci stated new information has been received. Mr. Watts confirmed that reconsidering the previous motion would be a correct process for this action. . Mr. Masci moved to reconsider the previous motion (we do not change the current parking requirements/or ADUs other than to add that (fan ADU is built then a no- City Council Special Meeting Page 6 March 28, 2005 . protest agreement must he signed (fthe street fronting on the property is determined to require an LIDfor improvements). Mr. Benskin seconded. The motion failed on a 3-3 tie, Benskin, Masci and Medlicott opposed. Motion: Mr. Ko(ffmoved that we look at ADUs as transient accommodations to see whether we wish to apply some o.lthe same criteriafor hotels/motels to ADUs used as transient accommodations. Ms. Sandoval seconded. Motion carried, 5-1, by voice vote, Fenn opposed. Motion: U'i. Fenn movedfor.first reading of Ordinance 2893 as amended with tonight's actions on each of the items. Mr. Masci seconded. Motion carried 5-1, by voice vote. Benskin opposed. Mr. Masci then stated he wished to change his vote from yay to nay, making the vote 4-2, Benskin and Masci opposed. ADJOURN Deputy Mayor Sandoval declared the special meeting adjourned at 8:30 p.m. RECONVENE The meeting was reconvened at 8:40 p.m. . Motion: M'i. Fenn moved to reopen the special business meetingfor a point oforder. Mr. Kolffseconded. Motion carried, 4-2, Benskin and Masci opposed. Ms. Fenn stated her objection to Mr. Masci changing his vote after it was announced on the last motion of the meeting. She stated she would rather adhere to the formal process for changing a vote. Mr. Watts indicated that a request to change a vote after the result has been announced by the chair (according to Roberts Rules of Order) requires unanimous consent of the body and failing that, a motion to allow the member to change his/her vote. Motion: Mr. Masci moved that the body allow him to change his vote from yay to nay. Mrs. Medlicott seconded. Motion carried, 5-/, Fenn opposed. Motion: Mr. Masci proposed that consideration of code revisions regarding parking garages and transit impact fees be scheduled/or the second in box of the year. Ms'. Fenn seconded. Amendment: Mr. Kolffproposed an amendment to the motion to include ADU issues as well. Amendment was accepted unanimously. Vote: motion as amended carried unanimously, 6-0, hy voice vote. . City Council Special Meeting Page 7 March 28, 2005 . ADJOURN The special meeting was adjourned at 8:47 p.m. WORKSHOP The workshop session was opened at 8:48 p.m. Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, and Michelle Sandoval. Catharine Robinson was excused. SIGN CODE Long Range Planning Director Jeff Randall supplied an additional summary of sign code issues to the Council. He noted that some areas of difficulty identified by the staff include: Signs for temporary uses Clarification of monument sign area allowance Update of technical terminology for "internally lit" signs Signage for schools, churches and government buildings . He asked the Council to go around the table and state things they or their constituents have found as problems in the sign code. Ms. Fenn: Questioned whether Sims Way is really "auto oriented" with C-lI standards and transition into a more dense business district where people will get out and walk, signs may need to be smaller rather than larger. Concerned with temporary off-site signs, which are often put in places where bikes and motorized wheel chairs would be forced into traffic. Dislikes temporary construction signs, particularly those advertising businesses from other communities. Off-premise signs conflict with pedestrians. Sandwich boards dangerous to visually handicapped people and create a lot of clutter and take up public space. Concerns about the policy for non-conforming signs, how to direct staff to deal with enforcement issues. . Mrs. Medlicott: City Council Special Meeting Page 8 March 28, 2005 . Concerned about sandwich board signs; suggested that City consider replacing them with directional kiosk signage - could accommodate signage in downtown historical business in the existing bulbouts. Sandwich boards pose hazards for wheelchairs and create clutter. Would like to task staff to find information on how it is done in other communities. Nonconforming signs are a concern; as we infill in our development in all districts - if a business is located off the main thoroughfare, you can't see a sign lower than 17 feet so she would like to explore solution that would give a business a fighting chance for success. Requests education about lighting terms and definitions. Mr. Kolff stated he is in agreement with issues brought up by Ms. Fenn and Mrs. Medlicott. Regarding unique and special signs, he asked why they are allowed five out of seven days but there is no limit on how many days a year they can be displayed; envisions this as an increasing problem as buildout continues. . Questioned how height is measured (answer: number of feet above grade); asked how high the non-conforming signs cited are above the limit (answer: highest is 24 feet); also asked ifthere are businesses that did comply and ifthey will be allowed special compensation as they did not get it the first time around. Suggested reviewing rules for political signs. Mr. Masci: Commercial square foot allowance should be larger than government and school building allowance. Stated ADA signage should be exempted from the code (answer: they are exempted, no sign permit required). Stated there should be no regulation of window signs and a larger allowed area for neon signs. Delete requirement that signs may only be directed toward the water if there is a public waterside entrance. Increase size allowances for residential signs. Permit off-premise signs. . City Council Special Meeting Page 9 March 28. 2005 . Change rules for projecting signs so area does not include symbol signs. Allow sandwich boards on Upper Sims Way. Reduce fees for variances. Mr. Benskin: Stated marine and manufacturing signs are dependent on highway traffic. Clarify rules on flashing and moving signs. Ms. Sandoval Council needs to deal with the issue in terms of timing and priority. Mr. Masci suggested CD/LU discuss it and that a citizen task force be formed to review and comment on the ordinance; include business and non-business owners so a balanced discussion can take place. Mr. Kolff stated Council needs to decide how to deal with three businesses whose non- conforming status expired in December. . Mr. Watts noted that they would not have a good chance of meeting current variance criteria. He added that staff can be on hold regarding enforcement for 3-6 months and an ordinance could be proposed to accomplish that. Mr. Randall noted they have all been notified they have a grace period until this is resolved; he stated staff would appreciate formal direction and boundaries. Consensus: deal with the sign code by appointing a citizen task/orce and to get more information out regarding compliance. Mr. Watts asked when Council wished staffto return with a motion to task the issue to the CD/LU Committee and citizens advisory group. Consensus was to bring forward with other in box items. ADJOURN There being no further business, the meeting was adjourned at 9:42 p.m. . Attest: ---'\ /'Î~ , ..~:,". J' Pam Kolacy, CMC City Clerk . / ' =~ - ' ! -, - '." \ --_.- ( : City Council Special Meeting Page 10 March 28, 2005