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HomeMy WebLinkAbout06/01/1992 418 MINllTES-DL 'f'HF, REG.U.LAlLSESs.I-ON-0-F'-JtJ.N-E-1, 1992 The City Council of the City of Port Townsend met in regular session this First day of June, 1992, a1: 7:00 PM in the Council Chambers of City Hall, Mayor John M ClisE~ presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert SoJ<:ol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Tr ~asurer David Grove, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt and Public Works Director Robert Wtleeler. PUBLIC COMMENTS Mary Hoffman was recognized and expressE!d her concern about the Kearney street Triangle Park. She urged that the park be completed as soon as possible as a plan was adopted and has not been implemented for eight and one half months. Ms Hoffman requested permission to get the volunteers together to clean up the park and plant some grass and flowers so that the c,:>mmunity and visitors can enjoy it. Mayor Clise requested an update from Staff under the Staff Reports portion of the agenda. Bonzo DeLeo was recognized and reported that the fire hydrants are being buried behind grass and need to be cared for. He suggested that someone from the city could clear aI'ound them. CONSENT AGENDA councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Approval of the Minutes for April 6, reading. 1992, as written without Approval of the following Bills and Claire,s: Current Expense Street Library Park Hotel/Motel Emergency Medical Services Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total ~ 46,181.33 2,728.57 4,904.03 9,257.29 5,178.00 1,696.72 27,183.34 9,165.99 6,136.96 313.22 ~ 112,745.45 Communications: A letter dated May 1, 1992, from Elean:>r Nelson in support of placing the carousel in Pope Marine park was copied for Council and referred to the Parks/Property Committee. A memorandum dated May 14, 1992, from Robert Moody, Olympic Air Pollution Control Authority, enclosing a copy of a burn permit that had been issued jointly wi th the Olympia Fire Department and offering to meet with the Port Townsend Fire Department .in an effort to assist in the implementation of a fire permitting system and the associated education of department employees was copied for Council. A letter dated May 26,1992, from Ralph Stark in support of the Bay vista II project was copied for Council and referred to the Public Hearing later on-the agenda. I It,-, '. I I I I MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont. A letter dated May 28, 1992, to Fred Apstein, President, Board of commissioners, Port of Port Townsend, from Michael Hildt, Director, Planning and Building Department, confirming that it would be best to postpone consideration of Street Vacation Application Request 9202-05 -Port of Port Townsend until a new manager gets hired and settled was copied for Council. A letter dated May 28, 1992, to Vail Case, Department of Natural Resources, Olympic Division, from Robert Wheeler, Public Works Director, commenting on the use of herbicides near our watershed and raw water storage reservoirs and requesting that a representative of any applicator of aerial spray meet with the city Water Advisor Committee and a member of City staff prior to making a schedule or determining the areas in which herbicide application is likely to occur was copied for Council. A petition received May 28, 1992, including 131 signatures requesting that the carousel be placed away from traffic and perhaps the downtown area and not on the Port Townsend Salmon club property was copied for Council and referred to the Parks/Property Committee. This concludes the Consent Agenda. PUBLIC HEARING Bay Vista II Shoreline Conditional Use Permit 9203-08 -Nordland Construction. Mr Hildt clarified the role of staff on this project. As it has been requested by Council they met with Mr Johnson to help with any modifications in this permit application. Mr Hildt then stated that new information will be presented by Mr Johnson this evening and suggested that Council ask staff to prepare more complete findings and conclusions for a future meeting. Mayor Clise clarified that this is a hearing on the modifications to be presented by Mr Johnson. Mark Johnson, Nordland construction, was recognized and presented the changes made to the project: A. Public Access along Bay vista I will be improved by bo11ting an access path to the existing seawall that would be approximately five feet wide approximately one foot lower than the e:dsting walkway, providing access to the shoreline out of harms '{¡lay and define deck area for the existing building. A brief discus:~ion of this item ensued. B. Changes in the parking lot include the addition of a planting space between the compact and large car stalls that border Washington Street and the use of grass block in one of the circulation routes to bring more green space into the lot. A brief discussion of this item ensued. C. The riprap in front of the trail space along the entin~ front of the project and below the decks has been made steeper which makes the greenbelt area wider by three to five feet. A public restroom that will be open the same hours as the restaurant is proposed at the narrowest point of the walkway and a bench. along the entire length of the building for seating has been created. A lengthy discussion, including Jonathan Tudan, Architect j:or the project, and Shirley Browning, owner of the Bayview Restaurant, ensued. D. Since the mound of earth between the Bayview Restaurant and the present tire store will have to be removed, drought tolerant and salt tolerant native shoreline vegetation shall be used in the landscaping. Mr Tudan commented on the footprint of the building in relation to the square footage of the property stating that about 24% of the entire area will be building which is below what is allowed in the zoning code for a C-I zone and explained the difference between the proposed project and the present use in 479 480 MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont. relation to the amount of impervious surface, pocket parks, the waterwalk, parking access to the wate~walk, parking for the restaurant, and vegetation. Mayor Clise opened the hearing to the Putlic. Marie Shirley was recognized and spoke in favor of the proposal stating that it is a great idea and that Mr Johnson has come fo:rth with some tremendous ideas although she is not sure about the restrooms. Ernie McCallum was recognized and spoke in favor of the p:roposal stating that, to him, this project is a tremendous improvement to the area over a pile of dirt and a tire store. Mr McCallum further stated that it is an accident waiting to happen. Jim DeLeo was recognized and spoke in favor of the proposal saying the~ Council should approve the proposal and concurred with Mr McCallum saying that the condominiums would look better than the :;>resent tire store. Mr DeLeo stated that he thinks a walk along the beach will not last due to erosion. Bill Schwilke was recogni~:ed and spoke in favor of the proposal stating that if the project is not approved, his tire store will remain at it's present locaticn and that within eight years, it will be a historical landmark .:md could be put on the Historical Register. Mr Schwilke stated that this proposal is a win win situation. There being no furtheJ:- testimony, Mayor Clise closed the hearing to the Public and tUJ~ned to the Council for disposi tion. After a very lengthy dÜ;cussion including Dave Robison, City Planner, of beach erosion, this being an improvement over the existing tire store, criteria for Conditional Use, density and scale, the mound of dirt being a significant remnant of the original shoreline, public access, the wé.terwalk being under the deck, reduction of traffic and a safety improvement, if approved, this should not become a precedent, trast. and recycling space on the site, watering of the vegetation, public access, cumulative impacts, water enjoyment and the view corridor. Councilmember Jones made a motion that the discussion be continued to the next meeting which died for lack of a second. After brief statements from the City Council of what is desired in the way of findings, conclusions, and conditions, Councilmember Sokol made a motion that the Council grant Shoreline Substantial Development Permit Application No SDP9203-08 as amended and direct staff to prepare findings, conclusions and conditions as discussed this evening which was seconded by Councilmember Owsley. Discussion of the height and depth of the è:ecks over the waterwalk, the public restroom, cumulative impacts, exclusive residential use in a commercial area, density, use of grass: blocks and landscaping, view corridors, uniqueness of the site" public access to the walkway, trash and recycling area on site, the special traffic si tuation from the Bayview Restaurant to the Tides Inn, and shoreline buffers ensued. Mayor Clise reopened the hearing. Kathryn Jenks was recognized and stated that the shorelines master plan states that "Unique natural features Buch as bluffs, dunes and wetlands on the shoreline shall be prE~served and protected". Bernie Arthur was recognized and stated that this would improve the safety of the downtown and the business cL_mate. The motion passed a by showing of hands with councilmembers Sokol, Owsley, McCulloch and Camfield voting in the affirmative and Councilmembers Jones, Westerman and Wolpin voting against the motion. RECESS Mayor Clise declared a recess at 9:17 PM. at 9:22 PM. The meeting reconvened PUBLIC HEARING Port Townsend Plaza Shoreline Conditional Use Permit No CUP9202-07. Mr Robison reviewed the findings, conclusions and conditions of the Planning commission recommending approval of the permit. Mayor Clise opened the hearing to the Public. Mark Saugen, Architect I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 1,1992, Cont. representing Bill Massey owner of Port Townsend Plaza was recognized and gave the history of the project saying 'that a previous project was only partially done and that this is the rest of it. In the interim, previous permit has expired, thus t:he new application. Mr Saugen discussed a proposed bench and landscaping for the water viewing area, handicapped parking spacE~, and maintenance of landscaping. There being no further test:imony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. After discussion of the handicapped parking spaces, trees and landscaping in relation to the salt. spray and loss of a parking space, a directional sign, Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and grant Shoreline Conditional Use Permit No CUP9202-07 which was seconded by Councilmember McCulloch. After discussion, Councilmember Camfield made a motion to amEmd the motion to include a drip system for watering the landscaping in the middle of the parking lot which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Mark Saugen was recognized and explained the choice of benches by the applicant and the landscaping. After a brief discussion, the main motion passed unanimously by voice vote. I. PROPOSAL DESCRIPTION The proposal is to construct an addition of 2,201 square feet to the existing NE corner of the Port Townsend Plaza (adjacent to Sprouse store). The Port Townsend Plaza fronts on Water Street on the north and Port Townsend Bay to the south. The proposed addition will front toward Water Street and is surrounded on two sides by the existing asphalt parking lot and the other two sides form a common wall with the existing Sprouse store. The proposed use of the building will be for commercial-.retail activities. There will be no access from the rear or shoreline side of the building. The proposal will have a minimal relationship to the shoreline environment, as the entire subject property is currently developed as a commercial-retail shopping plaza with accessory parking. The proposal to enclose the NE corner of the existing Sprouse Building was originally approved by the Port TownseNd City Council in 1986, as one component of a larger shoreline subst.antial development application (permit #SH2-85). This previous sheoreline permit expired in 1991. The site is within 200 feet of Port Townsend Bay, in a commercially designated zoning district (C-III). The site is located along the 1100 and 1200 block of Water Street, just east of the Washington State Ferry Terminal. The site is legally described as the Westerly 27.5 feet of Port Townsend First Class Tideland District 56 and all of Port Townsend First Class Tideland District 58,60,62,64,66,68 and 69, except the Westerly 50 feet of said Tideland No. 68; together with those portions of vacated Polk, Filmore and Front streets, which would attach by operation of law, within section 12, Township 30 North, Range 1 West, WM., Jefferson County, Washington. The tax parcel number for the Port Townsend Plaza is 989-701-003. II. SITE DEVELOPMENT AND ZONING A. FINDINGS OF FACT 1. The subject property is currently developed as the existing Port Townsend Plaza (herein, "Plaza"). The Plaza currently contains nine individual commercial-retail businesses encompassing approximately 36,579 square feet. 481 482 8. 9. 10. 11. 12. MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont. 2. The applicant proposes to add an addi":ional 2,201 square feet to the NE corner of the Plaza, adjacent to the existing Sprouse store. The front of the p:roposed addition fronts Water Street to the north. 3. The entire Plaza site is within 200 feet of Port Townsend Bay. However, the proposed addition will h3.ve a minimal cumulative impact to the shoreline environment¡ as the entire subject property is currently developed élS a commercial-retail shopping plaza. There will be no access from the rear or shoreline side of the proposed addi tJ.on. 4. The proposed building would be used for commercial-retail activities. Commercial-retail uses are permitted outright in a C-III zoning district. C-III zoning allows for a 50 foot building height. However, the proposed building height would not exceed 30 feet. The proposed usn is consistent with the goals and policies contained in the Urban Waterfront Plan. 5. The property is level and is virtually covered by buildings or impervious surfaces used for parking purposes. Currently, the parking area surrounding the Plaza provides a total of 169 parking spaces. 6. Seven parking spaces will be removed on the east side of the Sprouse building to allow for the expansion. The rest of the parking area to the east side of the Flaza will be redesigned. This involves re-striping of the parking area but would not include any resurfacing or paving. The proposed reconfiguration of the parking aJ:-ea meets the minimum requirements under section 17.30 (off-street parking and loading) of the Port Townsend Municipal Code (PTMC). However, existing or proposed landscaping does not meet current requirements for parking areas under Section 17.30 of the PTMC. 7. The Plaza currently has a surplus of 64 parking spaces, as required under previous permit approvals. The removal of seven spaces will leave a surplus of 57 spaces at the completion of the project. The proposed use (commercial or retail) will likely require one parking space per 300 square feet, or seven spaces for the propos.~d expansion. The Plaza would still have a parking surplus of 50 spaces after project completion. utilities are adequate at the Plaza and no new utility infrastructure will be constructed for the proposal. A similar proposal to enclose the NE corner of the Plaza was originally approved by the Port Townslmd City Council in 1986, as one component of a larger shoreline substantial development permit (permit #SH2-85). This shoreline permit expired in 1991. The proposed project is categorically exempt from the review requirements of the Washington state Environmental Policy Act due to its small size. The proposal requires a city of Port Townsend building permit. On March 31, 1992 the Port Townsend Historic Preservation Commi ttee (HPC) completed design J:-eview of the proposed signage, facade and roof of the building, finding that the project "contributes as conditioned" to the Port Townsend Historic District. Notice of application was made by publishing legal notices in the March 4th and March 11th, 1992, editions of the Port Townsend-Jefferson County Leader c.nd by notification to adjacent property owners by mail. I I I I I I 5. MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont. 13. Notice of public hearing to be held on April 15th, 1992, was made by publishing a legal notice in the April 1st, 1992, edition of the Port Townsend-Jefferson County Leader. SITE DEVELOPMENT AND ZONING B. CONCLUSIONS 1. Terrain and pre-existing development do not pose const:raints to development of the subject property. The addition is compatible with surrounding development and is consistent with the City's Zoning Code, Design Review Guidelines, and the Urban Waterfront Plan. 2. The proposal is consistent with notice and hearing requirements under WAC 173-14-070 and section 6.402 of the Jefferson-Port Townsend Shoreline Master Program. III. APPLICABLE SHORELINE MANAGEMENT MASTER PROGRAM POLICIBS A. FINDINGS OF FAC'r 1. The Jefferson-Port Townsend Shoreline Management Master Program (herein, Master Program) requires that a conditional use permit be issued by the City of Port Townsend for development of the proposal. The policies and performance standards of the following sections of the Master Program should be consistent with the proposal: 0 4.105, "Urban Designation"; 0 4.106, "Port Townsend Urban Waterfront Special Dis1:.rict"; 0 4.202, "Secondary Uses"; 0 4.203, "Conditional Uses"; 0 5.50, "Commercial Development"; 0 5.140, "Parking Facilities"; 2. section 4.105 describes an "Urban Designation" as an area of high intensity land use, including residential and com~ercial development. Development in this environment shall be JLimi ted to water-dependent, water-related, or water-enjoyment: uses. Non-water development, such as the proposed addition, is not a preferred use, but may be allowed as a conditional use, if such development makes provisions for public access. Provisions for public access should be commensurate with the degree of impact caused by the development. Any structure shall not be over 35 feet in height, shall be designed not to block or interfere with the public's visual and physical access, should be attractive from the water, and shall include measures to protect water quality. 3. section 4.106 is a special overlay district for proposals located wi thin this Port Townsend Urban Waterfront Special District. Development in this district shall: include public access provisions; be set-back a minimum of fifteen feE~t from the ordinary high water mark; and not detract frQm the architectural integrity of the Historic District. 4. section 4.202, defines "Secondary Uses," as those uses which are not deemed "preferable" wi thin a particular shoreline designation. The proposal incorporates a redesign of the existing parking facilities, which are secondary uses. While the parking lot currently exists, any reconfiguration of the parking area should be found to be consistent with the policies and standards of the master program, should not materially interfere with the public use of public lëlnds or waters, and should not cause unnecessary adverse effE!cts on the environment or other properties. section 4.203, "Conditional," are those uses deemed least preferable in a particular shoreline designation. The 483 484 B. MINUTES OF THE REGULAR SESSION OF JtrNE 1, 1992, Cont. proposed addition is a conditional usa, and the applicant has the burden of proof to demonstrate ":hey are in conformance with WAC 173-14-140, and all of the following conditional use criteria of this Master Program. a. That the proposed use is consistant with the policies of RCW 90.58.020 and the policies of the Master Program; b. That the proposed use will not i::lterfere with the normal use of public shorelines; c. That the proposed use of the site and design of the project is compatible with other permitted uses within the area; d. That the proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is located; and e. That the public interest sQffers no substantial detrimental effect. In those l:Lmited instances where a conditional use is proposed, com:ideration shall be given to the cumulati ve impact of additional requests for similar actions in the area. Furthermore, the Shoreline Management Act requires that permits for variances and conditional uses must be submitted to the Washington State Department of Ecology for final approval. In authorizing a condi tic,nal use permit I special conditions may be required by the city of Port Townsend, or the Washington State Department of Ecology to control or prevent adverse effects of a project or to further the policies of the Shoreline Management Act and this Master Program. 6. section 5.50. "Commercial DevelopItient," sets pertinent policies and performance standards which apply to the proposed addition to the Plaza. Relevant standards and policies under this section include that the propo:::al should be consistent with public access provisions necessary for approval of a condi tional use permit; provide adequate parking for the proposed development; and, should screen waste disposal facilities. 7. Section 5.140, "Parking Facilities," ]~equires the applicant to locate parking facilities as far as practicable away from the water's edge, provide adequate parking spaces for associated uses, provide surface runoff and pollution controls, and provide lighting which will not cause glare on adjacent properties or water bodies. IV. APPLICABLE SHORELINE MANAGEMENT MAST:1:R PROGRAM POLICIES CONCLUSIONS The proposed development is a condi tior.al use and must be in conformance wi th WAX 173-14-140. Th,~ Shoreline Commission concludes that the following conclusions demonstrate that the proposed commercial-retail development is consistent with the conditional use policies, standards and criteria of this Master Program: 1. 2. Under the conditions below, the proposed development is consistent with the policies of ncw 90.58.020, and the policies of this Master Program. The proposed development will not interfere with the normal public use of the shoreline. However, the proposed development should provide improved public access to the I I I I I I v. MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont.. shoreline such as providing a public bench at a designated viewpoint area wi thin the subject property. This would fulfill the conditional use requirement of providing public access commensurate with the degree of impact caused by the development. 3. The proposed use is compatible with other permitted uses within the area. The development is infill of a small corner of the existing Port Townsend Plaza. The design of the proposed addition has be found by the HPC to contribute to the Port Townsend Historic District. Designation by the HPC as "contributing" represents consistency wi th established guidelines for exterior and site design. The design of the addition was found to be compatible to the design of the rest of the Port Townsend Plaza while not adding to the de9ree of non-conformi ty of the roofline of facade of the existing Plaza. 4. The proposed addition will have minimal, if any, effects on the shoreline environment as its location to the shoreline environment is remote and buffered by existing land uses. 5. The proposed development would not have detrimental effect on the public interest: subst:antial a a. The placement of benches for a public viewin:} area enhances the public use of the site as compared to the existing condition. b. The proposed project is consistent with the Urban Waterfront Plan which encourages commercial-retail uses in this district. c. The redesign and landscaping of the parking area would make the parking area more aesthetically pleasing and it would be more consistent with the provisions of the City's parking ordinance and Master Program. d. The proposed addition would be an infill development consistent with adjacent uses. The possibility of cumulative impacts from similar proposals is limi1::ed due to unique location of the proposed infill site and the virtual build-out of the Plaza footprint. CONDITIONS Issuance of a shoreline substantial development permit for the proposed project requires compliance with the Washington State Shoreline Management Act and the applicable policies and performance standards of the Jefferson-Port Townsend Shoreline Management Master Program. The Shoreline Advisory Commission recommends approval of the proposal with the following conditions: 1. The shoreline permit shall include all Findings, Conclusions and Conditions set forth in the conditions of the Historic Preservation Commission approval dated March 31, 1992; and any additional conditions imposed in connection with plans submi tted for approval prior to issuance of a building permit. The reconfiguration of the parking area must meeit Code requirements for parking and landscaping dimensions to be consistent with city zoning and Master Program requirE!ments. This issue must be resolved as part of the shoreline conditional use permit process as it will either be rE!solved or will preclude issuance of a shoreline permit. The handicapped space delineated on Exhibit B2 shall be established in accordance with state standards for handicapped spaces. 2. 485 486 MINUTES OF THE REGULAR SESSION OF JU:~E 1, 1992, Cont. 3. To be consistent with the PTMC and Master Program all new or redeveloped parking areas shall prov:.de landscaping for the interior of the parking area. The proponent shall plant a minimum of four trees in the planter strip between the abutting parking rows. A drip water s:rstem shall be installed to water the trees to be planted in tile planting strip in the center of the parking lot. A detailed landscape plan will be submitted to the Director of Planning and Building for approval prior to issuance of a building permit. 4. Pursuant to conditional use provision:; of the Master Program, which requires enhancement of public access commensurate with the degree of impact caused by the de~relopment, the proponent shall provide a public viewing area at the southeast corner of the parking lot. This public viewing area will eliminate one parking space at the southeastern corner of the parking lot. The viewing area shall include that parking space and the bricked area waterward of it. Two bEmches shall be included in the bricked-in viewing area and suitable landscaping shall be planted in the SE parking space adjacent to the viewing area. Upkeep and maintenance of the public access area and landscaping areas will be the respomdbility of the property owner. VI. SHORELINE CONDITIONAL USE PERMITS Pursuant to RCW 90.53.200 and WAC 173-14-060, construction or substantial progress toward construction of a project for which a Conditional Use Permit has been granted pursuant to the Shoreline Management Act must be undertaken within two years after date of approval. The project must be completed within five years and a one year extension may be considered. VII. APPEAL TO SHORELINE HEARINGS BOARD Pursuant to RCW 90.58.140 and WAC 173-14-174 any person aggrieved by the City's final decision on the Condit:l.onal Use Permit may seek appeal to the State Shorelines Hearing Board. All requests for review shall be filed with the Shoreline Hearings Board, the Department of Ecology, and State Attorne~r General wi thin 30 days after action is taken by the Department of Ecology on the final order of local government on the permit application. The requests for review must contain items required by WAC 461-08-055. VIII. EXHIBITS 1. 2. Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A - Existing Site Plan B1 - Proposed Site Reconfiguration B2 - Revised Site Plan C - North Building Elevation D - East Building Elevation E - Landscaping Plan F - SE Corner Site Plan 3. 4. 5. 6. Presented at city Council Hearing, 6-1-92 7. 8. 9. Exhibit G - Proposed Bench Exhibit H - Bench Location & Viewinc' Area Exhibi t I - (Photo) View of Bay at f'roposed Viewing Area UNFINISHED BUSINE~:S City Dock Reconstruction Bid Award. RESOLUTION NO 92-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING AMERICAN CONSTRUCTION CO. INC., TO BE THE LOWEST I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont.. RESPONSIVE, RESPONSIBLE BIDDER FOR THE CITY DOCK RECONSTRUCTION PROJECT AND AWARDING THE CONTRACT TO AMERICAN CONSTRUCTION CO, INC., SUBJECT TO THE CONDITIONS STATED HEREIN. Mr Wheeler explained the bidding process for this project and recommended approval of the low bid. Councilmember Sokol made a motion that the Council approve Resolution No 92-66 which was seconded by Councilmember Wolpin. Mr Grove clarified that 1:his is also the commitment point for the debt which will be by bonds or some other financing source. The motion passed unanimously by voice vote. Forest Park PUD Findings and Conclusions. Mayor Clise statE~d that the Forest Park PUD findings and conclusions will be continued to the next meeting on June 15, 1992. Revision to CUP 9010-03 -Rose Theater. Mr Hildt reviewed the revisions to the conditional use permit. After a discussion of parking, Robert Friedman was recognized and clarified the parking requirements. After the discussion, Councilmember Wolpin made a motion that the Council approve the following revisions to cUP 9010-03 -Rose Theater which was seconded by Councilmember Jones and passed unanimously by voice vote. After respectful consideration of Conditional Use Application 9010- 02 -Robert A Friedman, the Port Townsend City Council hereby adopts the following Second Revision to the Findings of Fact and Conclusions of the City Council dated 15 January 1991: Findings of Fact 4,5,6,7, follows: and 9 shall be revised to read as 4. The basic parking requirement for a theater is 1 parking space per 4 seats. The proposed Auditorium would have fixed seating for i43 169 people, and as such would require 36 42 parking spaces. 5. The building is located in both the Downtown Parking District, and the National Historic District. In addition, the building has been individually listed on the National Register of Historic Places, and was identified as a secondary building on the map which accompanied the certification of the Port Townsend Historic District. Pursuant to sec. 17.30.200 of the municipal code, identification as an historic building reduces the parking requirement to seventy percent of the total required, or %5 29 spaces. Auditorium (i43 169 seats/ 1 space per 4) 36 42 x .70 = %5 29 (or a reduction of 13) =36 42 spaces -ii 13 spaces -- Required parking for new use %5 29, spaces 6. Section 17.30.050 of the Municipal Code provides that the parking requirement of a new use can be reduced by the number of spaces required for the pre-existing us~~ as if the pre-existing use had been established pursuant to the current code. The pre-existing use of the building was a retail store of 2400 square-feet. Retail use rHquires 1 parking space per 300 square-feet of floor space, or a total of 8 spaces for the building in question. The Parking requirement would be computed as follows:: Auditorium (see above) less pre-existing use requirement retail (2400/300 sq. ft.) Required parking for new use = %5 29 spaces 8 spaces %~ 21 spaces 487' 488 MINUTES OF THE REGULAR SESSION OF ~rNE 1,1992, Cont. 7. For uses located in buildings that were constructed prior to 17 August 1971 in the Downtowr. parking District or the commercial zones within the National Historic District, the off-street parking require:nent is reduced by ten parking spaces. For the Rose Theater, the reduction would be calculated as follows: Auditorium (see above) less 10 parking spaces (sec. 17.30.050 (E.)) Required parking for new use = 3=~ 21 spaces 10 spaces ~ 11 spaces 9. The applicant has submitted a binding legal agreement that provides for the joint use of ~ 11 parking spaces located at the Antique Mall, 802 Washington Street, Port Townsend. The joint use parking site is located within the Downtown Parking District, and as such meets the locational criteria pursuant to sec. 17.30.140." Condition 3 shall be revised to read as follows: 3,,:, Ma~~"ee-~~~~m6flees-~~-~_.~~~~~~-~ftre~~-aftà öft~ ~ i - -t~ -1M fl'È-tiSe- -pEr~~ -"6: ~- - ~~ - -emended- - ~e ~ rev ~ à e -fe-r- -pei:" ]{ i ng- dttr-i ~ e s ~ a B: ~ ~ s ft e à -'ftt'ét" 1:- i'ftee. -bout.-s-. - - :E ft aàà~~~eft7-~ark~ft~-s~aees-~fta~-a¡~e-aiieea~eà-£er-ma~~ftee ~erferma"ees - Sft6-i -i -iW't- ~ -tbe- -t~}- l'mmbc:f" -of. -0££- s ~ree~ - ~ - re~ö ~ reà - -by- - eör¡ ~eft ~ - ~ - ~e- -serve- -~fte Aftt:~~öe-Maii,,:, 3. Matinee Derformances are Derm:L tted on Saturdavs and Sundavs for a trial Deriod of two (2) years beainnina 11 Julv 1992: Drovided that at least eleven (11) off-street Darkina SDaces are Drovided dUJ:-ina the times of these Derformances. MAYOR'S REPORT Haller Fountain. Mayor Clise reported that various staff members are working on costs for restoration of Haller Fountain and that there will be more information at the nex;: Councilmeeting. Budget Update. Mayor Clise reported that t.he Department Heads have been looking at their current budgets with a sense of what we might do to make the transition into the following budget year happen without any major aberrations. Mayor Clise will be meeting with the individual departments during the nex': week or two. COMMITTEE REPORTS/STAFF REPORTS Legislative/Environmental. Councilmember Wolpin set a meeting of the Committee to review the ESA Non-projec1: SEPA for June 10, 1992, at 5:00 PM. Joint Workshop with Jefferson County Commissioners. The joint workshop with the County commissioners on June 8, 1992, at 7:00 PM on the Tourism Marketing and Evaluation Plan in the basement of the Courthouse was noted. Carousel Project. Councilmember Camfield announced that there will be a Parks/Property Committee meeting on the project on June 11, 1992, at 5:00 PM. Triangle Park. Mr Wheeler reported that ':here has never been any money budgeted for doing the Triangle Park and that materials for the project have been moved to the site élS available. Some dirt from the Sewage Treatment Plant will be taken to the park this week. The Public Works Department will start working with the volunteers as soon as it is possible and Mary Hoffman will be contacted and briefed. A brief discussion of landscaping ensued. I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont" partnering Workshop. Mr Wheeler reported that there will be a followup partnering workshop on June 23, 1992, for an af1:ernoon session. New Bill Handouts. Mr Wheeler reported that the new handout explaining the utility bills has now been completed. Water situation. Mr Wheeler explained the Port Hadlock - Tri Area problems over the Memorial Day weekend and stated that the problem will be dealt with in the master plan and that conservation in the area will help. At the present time, the City does not have a water problem, but we are watching the Quilcene River closE~ly. A more aggressive water conservation program will be instituted if we have to stop using the river in the next two months. Land Use. Mr McLerran reported that there have been three significant Washington Supreme Court cases in the last two weeks and he will be scheduling a mini-workshop for the Council, Planning commission and Shoreline Committee members in the near future. Rob Sears Assault. Mr Hildt reported that Rob Sears, city Building Official, was the victim of an assault on Friday while riding his bicycle back to City Hall. He is fine now and doing plan rE:!views. Bill Wilkerson will be doing inspections. Annual Report. Mr Grove reported that the councilmembers have received copies of the 1991 Annual Report which was turned in on time to the State. WCIA Amendment. Mr Grove reported that the Council has rE:!ceived copies of the proposed amendment to the agreement wi"th the Washington cities Insurance Authority. He would like to request action on the amendment at the next councilmeeting. Bond Sale. Mr Grove reported that the next bond sale will be issued for $6,800,000.00 for the Sewer Treatment Plant and 1that he will be requesting action at the July 6, 1992, meeting. utility Bills. The June 1, 1992, utility bills will be mailed tomorrow. The delay was caused by the new water rates and the difficulty the programmer had with the average billing. NEW BUSINESS Resolution Supporting Expansion of Farmer's Market. RESOLUTION NO 92-67 A RESOLUTION SUPPORTING THE PORT TOWNSEND FARMERS MARKET AND AUTHORIZING THE EXPANSION OF THE MARKET SITE TO INCLUDE PORTIONS OF THE WATERFRONT PLACE RIGHT-OF-WAY. After a brief discussion, Penny Hubbard, Manager, Farmers I~arket, was recognized, reported that the market will never be a crafts fair and explained the expansion. Cöuncilmember Jones made a motion that the Council adopt Resolution No 92-67 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Authorization for Prelevel Chip & Seal -Jefferson County. RESOLUTION NO 92-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH JEFFERSON COUNTY TO WORK COOPERATIVELY ON THE STREETS TIP. 489 490 MINUTES OF THE REGULAR SESSION OF JUNE 1, 1992, Cont. Councilmember Jones made a motion that the Council adopt Resolution No 92-68 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Fisheries Grant for Jackson Bequest. RESOLUTION NO 92-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING APPLICATION TO THE WASHINGTON STATE DEPARTMENT OF FISHERIES FOR GRANT FUNDING. councilmember Jones made a motion that the ~ouncil adopt Resolution No 92-69 which was seconded by councilmember Camfield and passed unanimously by voice vote. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, David Grove, Michael Hildt and Robert Wheeler a1: 11: 00 PM. The meeting was reconvened at 11:15 PM. ADJOURNMENT There being no further business, Mayor Cl:Lse declared the meeting adjourned at 11:15 PM. Mayor Attest: M~ ClerK-Treasurer MINUTES OF THE REGULAR SESSION 0]<' JUNE 15, 1992 The City Council of the City of Port ']'ownsend met in regular session this Fifteenth day of June, 1992, at 7: 00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were JE!an Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk'-Treasurer David Grove, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PUBLIC COMMENTS Bonnie Poole was recognized and requested maintenance of the portion of Sherman Street which was put in by Dr Carlson in 1991 and has a terrible dust problem. Mayor Clise responded that the Public Works Department will look into thl~ problem. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. Approval of the Minutes for April 20, 1992, as written without reading. I I I