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HomeMy WebLinkAbout06/21/1993 296 MINUTES OF THE REGULAR SESSION OF JUNE 7, 1993, Coni:. ADJOURNMENT Jones made a motion There being no further business, Co to adjourn the meeting at 11:33 B . Attest: ~T~ I MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993 The City Council of the City of Port Townsend met in regular session this Twenty-first day of June, 1993, at 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 Sokol, Sheila Westerman and Cindy wolpin. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt, City Planner Darlene Bloomfield and Public Works Director Robert Wheeler. PUBLIC COMMENTS Bernie Arthur was recognized and stated his objections to the Council discussing the appeal process, particularly the G2B appeal process. CONSENT AGENDA councilmember Jones made a motion to approve the following i~tems on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Park Hotel/Motel Emergency Medical Services Waste Water Treatment Facility 93 Water Quality Improvements 93 G 0 Bond Project FAUS Construction Project Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Const setting Hearings: Arterial Street Plan for July 19, 1993. Adoption of Resolution: $ 50,584,.23 711.16 199.74 1,060.16 230.63 383,547.20 3,690.70 18,535.80 2,508.73 21,702.99 101.09 4,069.74 101.75 $ 487,043.92 Authorizing Addendum to Biosolids Engineering' Agreement wi t'h CH2M Hill. I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. RESOLUTION NO 93-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE EXISTING CONTRACT WITH CH2M HILL FOR ENGINEERING SERVICES FOR THE BIOSOLIDS COMPOSTING FACILITY. Communications: An invi tat ion dated May 26, 1993, from the City of Port AngEÜes to attend their 2nd Annual Safety Week Celebration exposition in the Vern Burton Community Center adjacent to City Hall on June 9,1993, from 11:00 AM to 1:00 PM was copied for Council. A letter dated May 27, 1993, from Marie A Geach to Mayor Clise requesting attention to animal control laws was copied for Council and referred to the police/Fire/Animal Control Committee. A letter dated June 4, 1993, from Bill Perka, Chair, Solid Waste Advisory Committee, listing the recommendations of the COInmittee was copied for Council. A letter dated June 4, 1993, from David Thielk stating his concerns for safety at F and Rose Streets was copied for Council and referred to the street/storm Drainage/Light Committee. A letter dated June 8, 1993, from Mayor Clise to Ann J Jlforgan, Manager, Division of Aquatic Lands, Washington State Department of Natural Resources, sharing concerns for Union Wharf was copied for Council. A letter dated June 9, 1993, from Craddock Verser enclosing a petition for a Local Improvement District in the Phoenix Addition to the City of Port Townsend was copied for Council and referred to Public Works and the Street/Storm Drainage/Light Committee. A letter dated June 12, 1993, from Calmar McCune to Jennifer M B'elcher, Commissioner of Public Lands, Washington State Department of Natural Resources concerning Union Wharf was copied for Council. An address dated June 13, 1993, from the Port Gamble S']{lallam Tribe calling for the healing and restoration of our two cl1ltures on this one land was copied for Council. A letter dated June 15, 1993, from Scott Swantner, Exl~cutive Director, Wooden Boat Foundation, including a proposal for the Wooden Boat Festival Parking was copied for Council and referred to the Parks/Property ComInittee. A letter dated June 15, 1993, from David Grove to Craddock D Verser, stating that his request along with the petition to form a Local Improvement District will be referred to the City Council Street Committee and the Public Works Department for review and recommendation was copied for Council and referred to the :3treet/ Storm Drainage/Light Committee. A letter dated June 16,. 1993, from Karen Cartmel, Election Coordinator, Jefferson County, noting the expiration of four City Council terms was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS Port Townsend Business Park Planned unit Development 9302-05. Ms Bloomfield reviewed the findings, conclusions and conditions: of the Planning commission recommending approval of the project. Lee Wi~burn, President, Vantage Properties, was recognizled and 297 298 MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. clarified that the actual start and completion dates may vary based on market demand. Mayor Clise opened the hearing to the Public. Larry Mulvey, President, Port Townsend Chamber of Commerce, was recognized and reported that the Chamber of Commerce Board has unanimously voted for approval of this project from their standpoint and encouraged Council to approve the project. Mr McLerran explained that staff and the applicant are still working on a water standpipe agreement for this development as well as other developments by Vantage. He recommended that the Council go forward with the Planned unit Development with direction that the staff come back with the standpipe agreement when ~he Planned Unit Develop-ment Agreement is presented. Mr Wilburn commented that he agrees with what Mr McLerran has proposed. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. After a lengthy discussion of burning and smoke, the phasing timetable, zoning, Howard Street dedica- tions, and landscape plants, Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and approve the Port Townsend Business Park Planned Unit Development which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings: 1. The applicant proposes a Planned unit Development (PUD) to allow the construction of a four-phased, 267,000 square foot (gross building floor area) business park for commercial and light industrial uses on 35 undeveloped acres in the southwestern portion of Port Townsend. The site is described as Government Lot #2 (Tax # 001094001) located in section 9, Township 30 North, Range 1 W. in the R-IA and C-II zones in the City of Port Townsend. 2. The applicant has submitted a Planned Unit Development Application dated February 19,1993, to amend the zoning map by the overlaying of a PUD pursuant to section 17.40 of the Port Townsend Municipal Code (PTMC). A PUD allows a large site to be developed without the standard required division of land into individual lots, or without the same compliance to the height, setback, density standards or use restrictions which would otherwise be required for the underlying zoning of the property. Any variations from the municipal code must show that the public interest is better served by the particular conditions setforth in the PUD than by the underlying zoning or subdivision rules. 3. The applicant proposes to a11ow uses which are currently allowed either conditionally or outright in the C-II, C-III and M-I zones in the Port Townsend Municipal Code (PTMC). No residential development is proposed. A small portion of the site, located along the southern border of the subject site, is currently zoned C-II and could accommodate some of the proposed uses without the need for a PUD. However, the majority of the site is zoned R-IA where many of the proposed uses would not be allowed. 4. In general, the site is bordered by residential development to the east, west and north and commercial development to the south. Sims Way lies to the south beyond commercial development adjacent to the subject property; residential development and McPherson street lie to the east; undeveloped 10th Street lies directly to the north; and platted, undeveloped, half-width Howard street lies to the west. 5. The site is currently not platted or developed, although utility easements do exist on the site. The City 16-inch water main crosses diagonally through the southeast portion of the site. puget Power also has a transmission line which runs I I I I I I 6. 7. 8. 9. 10. 11. 12. 13. MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. diagonally through the site, and an existing 8-inch sewler main runs through the northern portion of the property. The business park would accommodate as many as 73 building si tes which would allow as much as 267,000 square feet of total gross building floor area. Each site is limited to a specific buildable area with required building setbacks as set forth in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) and site plan C-1A. The construction of buildings on the site would take place in phases. Phase A which the applicant proposes to begin upon approval, would allow 101,975 square feet of gross buildable floor area and is anticipated to be completed in the year 1996; Phase B would allow 67,295 additional square feet by the year 2000; Phase C, 47,810 square feet by 2005; and Phase D, 49,920 square feet by 2010. The applicant has statE!d that these phasing dates are estimates and have been made based on economic demand. The specific phasing dates may vary.. Each phase would have associated water, sewer, stormwater, ~;treet, and fire hydrant improvements. The applicant proposes to begin clearing and grading of the site as soon as possible following the approval of a clearing and grading permit. Traffic generated by the proposed development was estimated by Ki ttelson and Associates, Inc. Phase A is proposed to generate 696 average daily trips (adt), Phase B, 459 adt; Phase C, 326 adt; and Phase D, 341 adt. At build out approximately 1,822 adt are expected. The applicant proposes to install traffic improvements on Sims Way at the proposed Howard and cliff street intersections. The applicant would install a left-hand turn lane on Sims Way at Howard Street; a left-hand turn acceleration lane for vehicles turning onto sims Way from the Howard Street entrance; and left-hand turn lanes for both easterly and westerly traveling vehicles at Cliff street. The applicant also proposes to develop Howard Street from Sims Way to the site; and with coordination with North Sound Bank, will also develop Cliff street from Sims Way to the site. Primary and secondary circulation roads are also proposed wi thin the project. The applicant proposes to develop the Cliff Street Sims Way improvements at the onset of the project (including, if necessary, the relocation of the North Sound Bank de1:ention pond); the Howard Street improvements would be consi:ructed prior to permitting an excess of 50,000 square feet of buildable floor area. In the interim, the applicant proposes to use Howard Street as the construction entrance to thle site. The applicant also proposes to dedicate a 30-foot-wide strip of land running the length of the western boundary line of the property for use as a dedicated city street right'-of-way (Howard Street). The proposal includes a special overlay zone which provides a building height limit of 25 feet on lots located along the western and eastern borders of the site, while the remainder of the lots would be allowed to build to 35 feet. Noise standards, and a special noise abatement zone for the properties located along the northern, eastern and 'iestern property lines are also proposed. The noise abatement zon~ would provide restrictions on the location of loading doors, exterior windows, doors on the residential side of thl~ site, as well as require acoustical insulation and time restrictions on outdoor use of portions of the property. 299 300 15. 16. 17. 18. 19. 20. MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. 14. The applicant has proposed the development of approximately 5 acres of open space to be available for public use and maintained by the owners association of the business park. The open space would include a trail system, pond, picnicking areas and a basketball court. section 17.30.320 of the PTMC provides for development of green space through landscaping requirements in parking lots. The minimum landscaping requirements setforth in subsection 17.30.320(D) specifies requirements for landscaping where parking areas abut public rights-of-way or other private properties and it also specifies interior landscaping requirements for large parking areas. The Business Park has not proposed parking adjacent to public rights-of-way or private property, and large parking lots are not anticipated. Nevertheless, the applicant has submitted a Landscaping Standards Plan (See CC&Rs for Landscaping Standards) which proposes to provide planter islands in the office zone, partial visual screening on all facades of buildings or storage yards and prescribes other minimum planting requirements for both office and other businesses within the park. The landscaping improvements would be installed at the time of construction of each individual building. The applicant proposes to remove trees from the proposed park and pond areas and transplant them to proposed buffer areas along the perimeter of the project. The CC&Rs propose 50-foot buffer/setback areas along the eastern and northern property lines; a 20-foot buffer/setback area along the western property line; and a 20-foot setback area along the southern property line. Chapter 17.36 PTMC, Fences and Greenbelts, setsforth a six- foot height limit on fences. The proposed PUD would overlay these regulations to allow 8-foot high fences and hedges along buffer zones to provide increased security and screening. The proposed CC&Rs would also regulate fence setbacks and construction materials. Signs on the site would be regulated by Chapter 17.50 of the PTMC. In addition, the applicant has proposed sign restrictions within the submitted CC&Rs which would further limit the type of signs allowed in the business park to wall signs, monument signs, and multiple business complex signs. Chapter 17.30 PTMC regulates off-street parking. The proposed PUD would also overlay Section 17.30.280 which sets forth parking facilities plan details for off-street parking; and Section 17.30.300(F) which regulates curb-cut sizes. Instead, the applicant proposes that the parking plans submitted should be consistent with the Parking and Circulation Plan attached to the CC&Rs. The proposed PUD would also overlay the required parking sizes setforth in Chapter 17.30 of the PTMC and would reduce the aisle width to 20 feet. A letter dated May 12, 1993 from Kittelson and Associates, Transportation Planning and Traffic Engineers, states because the secondary access roads would be serving only those buildings adjacent to the secondary access road and would not provide general circulation to the business park, and because the applicant expects a low parking turn-over rate the parking and circulation plan would be adequate to serve the project as proposed. The transportation engineer also stated that the project meets minimum standards recommended by "Parking for Institutions and Special Events," Edward M. Whitlock, P.E., (1982). The applicant proposes a 60-foot parking bay width; a minimum 18-foot parking stall depth; and a minimum 20-foot aisle width. I I I I I I 21. 22. 23. 24. 25. 26. 27. 28. 29. MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. A letter dated 5/17/93 from Jefferson Transit has made recommendations to improve transportation within the project. Jefferson Transit recommends the parking requirements be reduced to encourage alternative modes of transportation; the development and implementation of a parking management program to reduce single occupancy vehicles; the developmE~nt of pedestrian and bicycle amenities such as walkways and safe riding surfaces; and a transportation management program. The applicant has also submitted a street lights and trail plan (See PUD Exhibit 9) and proposes a Transportation Management Association. Subsection 17.16.030 of the Port Townsend Municipal Code provides for limitations on industrial uses much like the uses proposed by the Port Townsend Business Park. The proposed project and CC&Rs meet or exceed the requirements setforth in that subsection including restrictions on noise. The applicant has submitted a conceptual stormwater drainage plan which the City Engineer has reviewed and approved. The applicant proposes to submit and receive approval of the construction drawings prior to approval of the PUD by the City Council. Because a water pressure deficiency has been identified in the area, the applicant has proposed oversized water lines to provide adequate pressure to serve the majority of the subject si te. However, the oversized water mains alone would not provide adequate pressure to service those lots within proposed Phase D of the project. The City is currently planning the installation of a water stand pipe near the City water tank which would solve the water pressure deficiency for the subject site and other sites wi thin the area. If the stand pipe is installed, the applicant proposes to contribute to the stand pipE! as a mitigating measure to provide sufficient water pressure to the site. A segment of the existing 8-inch sewer line in the northern portion of the site is proposed to be realigned with the proposed primary access road. The line would service the adjacent building sites, and the remainder of the lots would be served by an 8-inch sewer line to be extended from McPherson Street. The streets on site are proposed to be privately maintained while the public utility mains are proposed within the streets. Public utility easements would be provided within the private streets. The applicant would construct the primary access road and secondary access road as proposed on the road circulation phasing plans. Individual developers would construct the access ways adjacent to their part:icular proposal. To meet the requirements of the Uniform Fire Code the applicant proposes to install 21 new fire hydrants during the phased development of the project. The Port Townsend Comprehensive Plan designates the subject site for industrial development. The plan defines industrial development as the commercial production, procE!ssing, manufacturing, fabrication or assembly of goods or matE!rials, along with the warehousing and storage of the products. The applicant estimates that 89,000 square feet of the proposed 267,000 square feet of buildable area would be developed as light manufacturing and assembly, an additional 89,000 square feet would be developed as manufacturing, and 19,000 square feet would be developed as warehousing with expectations for 301 302 32. 33. 34. 35. 36. 37. MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. additional uses such as auto repair, mini storage, research and development centers, and office buildings. Office buildings are estimated to occupy approximately 30,000 square feet of the total buildable area. 30. Although the development of a business park would not displace any housing units, the subject site is currently zoned single- family residential and could, upon subdivision approval, provide additional housing units. City staff estimates that approximately 143 units could be accommodated, taking into account the development of internal streets. The Economic and Market Analysis prepared by McConnell/Burke, February 1993, estimates that approximately 126 single-family homes could be developed considering the dedication requirements of the existing subdivision code. Based on the McConnell/Burke study the impacts of a residential build-out would place a greater demand on municipal services than a business park development. In addition, single-family residential property is broadly available for development within the City while property that could be suitably used for light industry is very limited. 31. The McConnell/Burke study also estimates that the business park would generate increased revenues to the City, increase the local payroll and buying power for residents, and help to diversify the economic base of the City. In a letter written to Vantage Homes dated January 28, 1993, Bart Phillips of the Economic Development Council of Jefferson County stated that the proposed project would be "very positive net economic impact on both the City of Port Townsend and the region." Mr. Phillips stated that there is a significant need for pre-built industrial facilities with infrastructure improvements. In a letter dated May 24, 1993, Certified Public Accountant Andrew J. Adams states that the project is financially feasible and that ample project financing is available. After review of the Environmental Checklist submitted by the applicant pursuant to the Washington state Environmental Policy Act (SEPA) , the city Council issued a Mitigated Determination of Nonsignificance (MDNS), dated May 17, 1993 In the MDNS, the applicant has agreed to 32 conditions. It is possible that some uses may be established which have not been fully considered under this environmental review. In that event, supplementary review pursuant to SEPAwould be required whenever uses are proposed which are likely to cause environmental impacts of a manner or to a degree not considered in the original SEPA review. Each proposed building would be required to obtain a building permit. Each building permit application would be reviewed for conformance with the Uniform Building Code, SEPA mitigating measures, the adopted CC&Rs and any other applicable regulations. If approved, the conditions of approval of the PUD will be formalized in a property use and development agreement (PUDA) between the applicant and the City. The PUDA would address specific, detailed requirements for the implementation of the PUD. Notice of the Public Hearing before the Planning Commission was sent to neighboring property owners within 300 feet of the site on April 23, 1993. Notices of the hearing were also posted at the site, City Hall, the Federal Post Office and Jefferson County Court House on April 23,1993. A notice of I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. the hearing also appeared in the Port Townsend Jefferson County Leader on April 28, 1993. To date, no comment:s have been received in response to these notices. Conclusions: 1. considering that the proponent intends to begin clearing of the site as soon as possible and phase A of the project is projected to be completed by the year 1996, and with the conditions prescribed below, the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following approval of the project. Based on the demonstrated need for the project, including the market analysis conducted by McConnell/Burke and the need assessment submitted by the Economic Development Council, and the overall support of the project by the community, the proposed project appears to be economically sound. 2. 3. Based on the intent of the applicant to begin the project as soon as possible, and the limited partnership status of the Port Townsend Business Park, the proponents have demonstrated that adequate financing is available and that the development will be carried out according to a reasonable constJ::"uction schedule satisfactory to the city. 4. The proposed development is consistent in all respects to the spirit and intent of Chapter 17.40 (Planned Uni t Developments), Chapter 17.30 (Off-street. Parking), Chapter 17.36 (Fences and Greenbelts). 5. Based on the McConnell/Burke market analysis and along with the conditions prescribed below, the proposed development would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. The proponent has submitted specific development plans prepared and designed by competent professionals. As a result, the proposed project justifies the variation from the normal requirements of the zoning code through the application of the PUD overlay district. The subject property can be better developed in the public interest through the proposed PUD than in conformance to the underlying zoning and subdivision regulations. 6. In consideration of the aforementioned findings and conclusions, the City Council grants Planned Unit Development 9302-0~¡, Port Townsend Business Park as conditioned: 1. The applicant shall enter into a Property Use and Development Agreement (PUDA) with the City to guarantee implementation of the development according to the terms and conditions established as a part of the development plan approval together with the conditions set forth herein. The PUDA shall be approved by the City Council prior to any building construction. 2. A survey indicating the precise location and legal description of all proposed dedications shall be prepared by the applicant and submitted to the Director of Planning for review and approval prior to the adoption of the Property Use and Development Agreement. 3. The Business Park shall provide street trees in locations generally conforming with the Illustrative site Plan, Sheet L- 5 for the Enfield Green Park prior to the initiation of Phase C. 303 304 4. MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. 5. The Business Park shall provide landscaping and furniture for Enfield Green Park generally conforming to Illustrative Site Plan, Sheet L-5 prior to occupancy of more than 20,000 square feet of building area, but no later than two years from the date of PUDA approval. The Business Park shall construct the basketball court prior to occupancy of more than 50,000 square feet of building area, but no later than 3 years from the date of PUDA approval. 6. The Business Park shall construct all on and off-site trail improvements concurrent with the phased development of the project; or prior to occupancy of more than 50,000 square feet of building area, or no later than 3 years from the date of the PUDA approval which ever occurs first. The location of the trails proposed are illustrated on drawing C-7. A Transportation Management Plan shall be developed in conjunction with Jefferson County Transit prior to the ini tiation of Phase C of the development, and shall be included as part of the revised Transportation Improvement Assessment. The transportation management plan shall include such considerations as promotions, transit pass sales and subsidies, ridematching and vanpool information, emergency ride home programs, and other al ternati ves to single-occupancy vehicle travel. 7. 8. The Business Park shall construct the stormwater detention pond improvements prior to occupancy of any buildings on the site. 9. The Business Park will install landscaping in the easterly 30- foot-wide buffer area and within the westerly 20-foot-wide setback area prior to the initiation of Phase B. 10. Noise levels shall not exceed 40 decibels at the boundary line between the hours of eleven-thirty PM and six AM, and sixty decibels at other hours. 11. Pursuant to the mitigated determination of non-significance issued on May 17, 1993, the project is also subject to the following conditions: a. To mitigate possible soil and water erosion hazards from the proposal during the construction stage, the applicant shall follow the recommendation for erosion and sediment control indicated in the site Stormwater Plan dated January, 1993, as prepared by CH2M-Hill. Prior to issuance of a grading permit the applicant shall submit, for approval by the Public Works Director, a revised phasing plan for temporary erosion measures. b. To mitigate site soils moisture sensitivity, native soils shall not be used as a structural fill unless conditioned, placed, and compacted during periods of extended dry weather as specified in the Myers Biodynamic Inc. Geotechnical Evaluation dated March 10, 1993. c. To mitigate the possibility of unstable soils as discussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March 10, 1993, a California Bearing Ratio (CBR) value of 20 shall be used in road section pavement design where structural fill or firm, non- yielding native soils are present. The CBR shall be specified in the application for clearing and grading permit. d. To mitigate the possibility of unstable soils as discussed in the Myers Biodynamic Inc. geotechnical I I I I I h. I k. MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont.. Evaluation dated March 10, 1993, site preparation shall include removal of topsoil and proof rolling of sllbgrade soils prior to placing road sections or structural fill for support of structures. e. To mitigate loose, wet soils in the southeast portion of the site as disçussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March 10,1993, engineered foundation plans or further soils studies shall be required, for review by the Building Official and/or the City Engineer, to address special construction considerations for foundation support and drainaqe once preliminary plans are developed for the structures. Further information shall be submitted to the Planning Director prior to PUD approval which specifies the particular building sites where this mitigation is applicable. f. To mitigate adverse air quality impacts due to dust during dry weather, construction areas shall be 'iatered to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants shall not be used. g. To mitigate adverse air quality impacts on neighboring residents and businesses, vegetation removed for construction shall not be burned but shall inst:ead be delivered to the City-County composting facility on Jacob Miller Road. Tree trunks and branches larger than six inches in diameter shall be saved for lumber or fire wood. Every reasonable effort shall be made to dispose of stumps off-site, but as a last resort stumps may be burned on-site subject to the following conditions: a) A burn permit is obtained from the Port Townsend Fire Department. b) If smoke appears to envelop or enter any residences or businesses, the fire shall be immediately extinguished. c) Applicant assumes responsibility for any and all smoke or fire damage which results from burning on- site. To mitigate the impact on stormwater runoff the applicant shall submit a final stormwater drainage plan for approval by the City Engineer prior to grading and clearing or building permit approval. The stormwater drainage plan shall be substantially based on the preliminary plan submitted by CH2M-Hill dated January, 1993, which was supported by the 1992 Department of Ecology Technical Manual of stormwater ManagemEmt for puget Sound. i. To mitigate the possibility of groundwater pollution, the applicant shall propose a pesticide and herbicide management plan prior to approval of the PUD. j. To mitigate the removal of native plant species during development, and to minimize the need for excessive watering of landscape plants, the final landscaping plan shall be limited to drought tolerant and native species plants. To mitigate possible pollution by hazardous waste, all uses established in the Business Park shall be subject to the laws governing hazardous waste disposal set forth by the state and Federal governments and by the ordinances 305 306 t. u. MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. of the City of Port Townsend in effect at the time of application for each building permit. I. Construction on the site shall be limited to the hours of 7 a.m to 6 p.m. Monday through Friday, and prohibited on weekends and national holidays. Any exceptions made necessary by special and unusual circumstances must be approved in advance by the Building Official. m. To provide consistency with the comprehensive plan the proposed business park shall be occupied primarily by industrial uses. To mitigate the possibility of office or retail uses occupying lands needed for industrial activities, no more than 20% of the total gross building floor area of the business park shall be occupied by either office or retail uses. However, this mitigation measure shall not' apply to floor area occupied by accessory offices to industrial uses which occupy no more than 20% of the floor area of any building, or by retail sale of goods manufactured on the premises. n. To mitigate possible inconsistencies with land use requirements currently applicable on the subject site, the proposed Planned unit Development must meet the cri teria set forth in section 17.40.040 of the Port Townsend Municipal Code. o. The applicant shall receive a puget Power Easement Consent of Use Permit prior to issuance of a building permit. p. All specified elements of this proposal which are incorporated into the plans and CC&Rs submitted as part of this proposal shall be made specific conditions within the PUDA. q. storage yards which abut the perimeter of the site, shall be screened with view-obscuring fencing and/or hedges to mitigate the negative visual impact on the surrounding neighborhoods. r. Shielding shall be used on all exterior lighting to mitigate light and glare from affecting traffic safety and neighborhood privacy. s. To mitigate the hazards of traveling on dark streets, the applicant shall provide street lights along the primary access road. Lighting shall be designed to provide safe and secure operation of vehicles, with care given to provide lighting that enhances pedestrian safety along the access road to pedestrian trails on Howard and Cliff streets. To mitigate the increased need for recreation in the area the applicant shall supply public recreational and open space facilities, as specified in the CC&Rs. To aid in pedestrian travel the applicant shall coordinate trail improvements with the North Sound Bank proposal. To mitigate potential impacts to archeological resources which may be discovered during excavation, work shall be stopped if such materials are discovered and the Washington state Office of Archaeology and Historical Preservation should be notified immediately, and construction temporarily halted. To mitigate possible hazardous traffic flows generated from the proposed business park the following improvements shall be made: I I I v. I w. x. y. I aa. I ab. MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. Prior to approval of a PUD, the applicant shall submit a written statement from Jefferson County Transit stating projected needs for transit stops and/or facilities wi thin the business park. In addition, the applicant shall consider dedications and/or improvements consistent with the Jefferson County Transit recommendations. The applicant has reached agreement with the abutting North Sound Bank to share in improvements at the intersection of Cliff Street and SR20/Sims Way. These improvements include installation of left-turn lanes for both westbound and eastbound traffic on Sims Way and lumination of the intersection. In the event that North Sound Bank does not install these left turn lanes, the applicant shall complete such installation. Specific design and construction drawings shall be submi t1:ed for approval of the WSDOT and the City Planning Director prior to issuance of any road construction permits for the Cliff Street intersection. Howard Street shall be established as the construction entrance to the site, and a sign reading "Business Park Truck Entrance" shall be installed at the applicant' s expense at Howard Street and Sims Way. Such sign shall be erected by WSDOT or the City of Port TownsEmd and shall meet the specification of the Manual of Uniform Traffic Control Devices. Intersection improvements shall be installed at Howard Street prior to receipt of a building permit for a net total of 50,000 square feet of building area for the business park. Improvements shall include the installation of a left-hand turn lane for eastbound traffic into the project, and the installation of an acceleration lane on Sims Way from Howard street. Specific design and construction drawings shall be submi tted for approval of the WSDOT and the City Planning Director prior to issuance of any road construction permits for the Howard Street intersection. z. The applicant shall install street lights, consistent wi th the recommendations of the Gateway Development Plan, at the intersections of Howard and Cliff street:s with Sims Way. The lights shall be installed at the i:ime of intersection improvement to the State Highway. Prior to initiation of Phase C, the applicant. shall submit a supplemental traffic impact assessment which re- evaluates traffic generation based on the actual occupancy of Phases A and B, and projects traffic impacts to full build-out of the business park. This assl~ssment will also evaluate the present and projected warrants for one or more traffic signals, extension of Howard to Discovery Road, and any other improvements which are warranted by the evaluation. The applicant agrees to pay fair-share contributions to warranted traffic improvements made within five years of initiat~ion of Phase C of the business park based on the proportionate share of traff ic generated by the business park which necessitates each such improvement. Generally accepted methods will be used in determining the actual value of the applicant's contribution. The applicant shall submit final documentation of the following dedications of additional street rights'-of-way prior to PUD approval: 307 308 ac. ad. ae. af. MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. a) An addition to Howard Street of approximately 80 feet in width abutting the western boundary of the parcel owned by Jefferson County. b) A thirty-foot-wide addition to Howard Street from the applicant abutting the entire western boundary of the subject site. The southern most section of Howard Street will require a dedication of up to 60 feet: the applicant's dedication of Howard Street shall provide a cumulative 60-foot total width of dedicated street along the entire length of the property. A twenty-foot-wide addition to Cliff Street from North Sound Bank abutting the North Sound Bank site. c) A fifty-foot-wide addition to Cliff Street from Jefferson County abutting the eastern boundary of the parcel owned by Jefferson County. To mitigate the lack of fire protection services a the proposed site, fire hydrants shall be installed as indicated on the "Water/Sanitary Sewer Plan dated 4/6/93." d) To mitigate the lack of adequate water and sewer service to the site, the applicant shall extend water and sewer main lines in the locations and sizes indicated on the phased water and sewer plans dated 4/6/93. Twenty-five foot wide utility easements shall be dedicated for the location of the subject main lines prior to approval of the Planned unit Development Approval. To mitigate deficient water pressure on the subject site, the applicant shall contribute to the development of a water stand pipe in an amount equal to the avoided cost of constructing a booster pump station (or storage tank etc.) to serve the proposed development. Proposed phases A, Band C may be constructed prior to completion of the City's water storage standpipe project. The applicant and the City Public Works Director shall attempt to agree on the estimated avoided cost value. If they fail to come to agreement by June 1,1993, the value shall be set prior to issuance of any permits for construction, excavation or grading through binding arbitration. An arbitration panel of three members shall be convened as follows: the applicant and the Public Works Director shall each appoint one member and these two appointees shall choose the third member who shall serve as chair. Any costs of the arbitration panel shall be paid in equal shares by the applicant and the City. Upon initiation of Phase D of the project or upon completion of the stand- pipe project by the City of Port Townsend, which ever occurs first, the applicant shall pay the estimated avoided cost value to the city. In the event the City is unable to complete the water storage stand pipe project within three years of receipt of the applicant's share, the applicants payment shall be returned with interest paid at the same rate earned by the City on its short term investments. (NOTE: During the meeting of June 21, 1993, the City Council recomInended that a payment be made in lieu of the installation of a pump station. The final price shall be finalized by the Council at the time of PUDA approval.) The applicant shall comply with all applicable state, federal and local laws and regulations in effect at the time of application for building permits, and in the I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont. event any of the foregoing mitigation measures is in conflict with any such law or regulation, the more restrictive shall apply. 12. The CC&Rs shall be modified to be consistent with all the above listed conditions of approval. 13. Pursuant to section 17.40.050(4), any subsequent substantial change or addition to the plans or use shall first be submitted for approval to the Planning Commission and if in the opinion of the Planning Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing shall be required. The proposed use shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in interpret.ing or applying the same. 14. Ordinance Amendment Relating to PUD's. Mr Hildt explairled the ordinance. Mayor Clise opened the hearing to the Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. ORDINANCE NO 2366 AN ORDINANCE RELATING TO PLANNED UNIT DEVELOPMENTS, AMENDING THE TITLE OF CHAPTER 17.40 OF THE PORT TOWNSEND MUNICIPAL CODE TO BE CONSISTENT WITH THE EXISTING PROCEDURES AND STANDARDS FOUND IN THE BODY OF THE CHAPTER TEXT, AND ADDING A NEW SECTION THAT PROVIDES FOR A LIMITATION OF ACTIONS. After discussion, Mr Grove read the ordinance by title. Council- member Wolpin made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vo1:e. Mr Grove again read the ordinance by title. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2366 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. Transportation Improvement Program. Mr Wheeler explained the focus of the Transportation Improvement Program (TIP). Mayor Clise opened the hearing to the Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. RESOLUTION NO 93-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT THE 1993 TRANSPORTATION IMPROVEMENT PLAN AND THE 1994-1999 SIX YEAR TIP. Councilmember Westerman made a motion that the Council adopt Resolution No 93-71 which was seconded by Councilmember Owsley and passed unanimously by voice vote. UNFINISHED BUSINESS Resolution Amending City Water Service Area. 309 310 MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. RESOLUTION NO 93-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING THE CITY'S INTENTION: (1) TO REDUCE ITS OUT OF CITY WATER SERVICE AREA ON AN INTERIM BASIS UNTIL COMPLETION OF A COORDINATED WATER SYSTEM PLAN UPDATE; ( 2) TO BEGIN NEGOTIATIONS WITH JEFFERSON COUNTY PUD #1 TO PROVIDE WATER SUPPLY TO CERTAIN EXISTING CUSTOMERS OF THE CITY OUTSIDE THE INTERIM SERVICE AREA BOUNDARIES; AND (3) TO ESTABLISH A POLICY OF PROVIDING NO NEW WATER TAP OR WATER MAIN EXTENSIONS OUTSIDE OF THE INTERIM SERVICE AREA BOUNDARIES. Mr Wheeler explained the resolution. Mr McLerran explained the legal considerations of the resolution. After a lengthy discussion, Councilmember Sokol made a motion that the Council adopt Resolution No 93-72 which was seconded by Councilmember Camfield and passed unanimously by voice vote. MAYOR'S REPORT Mayor Clise reported on the visit by the S'Klallam Tribe on their way north to Bella Bella and stated that the City gave a gift of a blanket which was paid for by the Mayor and a drum was given by the County. Mayor Clise reported that he, Chief Newton and Sergeant Oberlander had met with the Mayor and Police Chief of Mukilteo to discuss their community oriented police and then attended a portion of their Police Advisory Board Meeting. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. Councilmember Owsley reported that the Committee had met and discussed the six-year TIP and possible ways of raising funds, possible changes to the street light ordinance so that citizens may purchase their own street light, rights-of-way trimming, repair to the fence by the ferry dock by the State, how drainage causes some street decay problems, and the "No Parking" area at the Fort Cemetery. Water/Sewer. Councilmember McCulloch reported that the Committee had met and discussed the water conservation program, the status of the snow pack is that it is gone, the river is at it's maximum right now because of the rain but is high in turbity, the water conservation program is starting, and the water service area resolution. Community Services. councilmember Wolpin reported on the planning for the meeting on June 30, 1993, on How Things Work in City Government and set a meeting to discuss the organization of the meeting for June 28,1993, at 6:30 PM. Parks/Property. Councilmember Camfield reported that the Committee had met and discussed the status of the waterfront projects and the priorities for spending on these projects. Yardwaste Update. Mr Wheeler reported on a meeting with Lee Meling, Superior Refuse, and Mr Grove to discuss yardwaste collection options and then gave an update of what the City is presently receiving. After discussion it was determined to try four different weekends at four different locations in the city during the month of August. I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 21, 1993, Cont:. Parks/Property. Councilmember Camfield set a meeting of the Committee for July 1,1993, at noon to discuss the request from the Wooden Boat Foundation and the Waterfront projects. Legislative/Environmental. Councilmember Wolpin confirmed ml~etings for the Committee on June 22, 1993, at 5:00 PM to discuss the Rickard project and on July 1,1993, at 5:00 PM to discuss the High School field improvements. City Attorney. Mr McLerran announced that he will be brinqing in a contract attorney by the name of Mary Winters while he is focusing on litigation and some other issues. Mr McLerran reviewed his memorandum dated June 21" 1993, for the Procedural Framework for the July 6,1993, G2B Appeal Hearing. A lengthy discussion of how Council will scope the appeal ensued. RECESS Mayor Clise recessed the meeting at 10: 06 PM. reconvened at 10:09 PM. The meeting was COMMITTEE REPORTS/STAFF REPORTS Police. Chief Newton gave a progress report on the Bicycle Patrol program stating that there is a posi ti ve acceptance from the business community and citizens, that they average about three days a week and that there has been concern that they should be out more. Chief Newton reported on the meeting in Mukilteo and stated 'that he will be coming to Council with a resolution for a Citizens Advisory Committee to the Police Depa~tment based on Mukilteo. Mayor Clise suggested that this be discussed at the Police/Fire/Animal Control Committee prior to coming to Council. Planning/Building. Mr Hildt reported that there are a large number of development projects being worked on; the Transportation Planning Advisory Committee has a marathon session schedulE~d from 1:00 PM to 5:00 PM on June 24, 1993, to work on a decision agenda on street standards; the Planning commission has a Workshop on Gateway on the evening of June 24,1993, at 7:00 PM; there has been one meeting with the consultant on the arterial street plan, there will be a workshop on July 1, 1993, and the hearing has been postponed; the environmental reviews for the Maple Hill proposal and Minaker Forest Practice Application will be handled by the Legislati ve/Environmental Committee at their next meeting, the Evans Forest Practice Application can be done at their mee1:ing on July 1, 1993, as well as the High School Improvements. Legislative/Environmental. A meeting of the committee to discuss a rezone application for Schwilke and Murray was set for .July 7, 1993, at 5:00 PM. Police/Fire/Animal Control. Councilmember Sokol set a mee1:ing of the Committee for July 13, 1993, at 5:00 PM to discuss the Citizens Advisory Committee to the Police Department. Public Works. Mr Wheeler read a portion of a letter from Carl Johnson at the Department of Health stqting that there could be a problem with the avoidance of wateJ:" filtration due to control condi tions at City Lake. Mr Wheeler reported that Public: Works staff is working with the owner qf IQgging rights for a solution. Mr Wheeler confirmed that thß ":Rq.:ft :Rq.ces" are on for July 1,1993, at 3: 00 PM; a Tree q.nq. Brus:tÜng Workers workshop was held to discuss criteria for brushing and related issues; a stormwater workshop was held to develop criteria for choosing engineering or 311 312 MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. various solutions for various problems the two highest priorities are 1) purchasing wetland property and 2) education. Councilmember Wolpin stated that a separate group to discuss some of the issues raised should be set up that would involve our development community. Mr Wheeler reported that sand has been brought in to the Tidal Park and work is being done to protect the area; the Wastewater Treatment Plant is close to being finished and they are looking at startup about mid-July; and there will be a partnering workshop on June 25, 1993, with GIT on the biosolids property. Clerk-Treasurer. Mr Grove. reported that Council has received copies of the City's financial summaries as of the end of May and he would be happy to answer any questions. The new recording equipment is working and the wiring will be complete by the next meeting. NEW BUSINESS Resolution Accepting PT/2020. RESOLUTION NO 93-73 A RESOLUTION RECOGNIZING AND ACCEPTING THE RESULTS OF THE PORT TOWNSEND 2020: GETTING TOGETHER PUBLIC PARTICIPATION PROJECT. After discussion of the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-73 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Resolution Authorizing CZM 306 Grant Contract for Point Hudson Planning Project. RESOLUTION NO 93-74 A RESOLUTION AUTHORIZING A CZM 306 GRANT CONTRACT BETWEEN THE CITY OF PORT TOWNSEND AND THE DEPARTMENT OF ECOLOGY FOR PHASE III OF THE POINT HUDSON PLANNING PROJECT. Councilmember Westerman made a motion that the Council adopt Resolution No 93-74 which was seconded by Councilmember Wolpin. After a brief discussion, the motion passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Sokol voting against the motion. Resolution Authorizing Conservation Project. Application Grant for Habitat lAC RESOLUTION NO 93-75 A RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR A HABITAT CONSERVATION PROJECT TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION AS PROVIDED BY THE WASHINGTON WILDLIFE RECREATION PROGRAM. Mr Hildt explained the resolution. Councilmember Wolpin made a motion that the Council adopt Resolution No 93-75 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Authorizing Real Estate Purchase from Willis and Sandeen Head. Wheeler explained the following resolutions. Mr I I I I I I MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. RESOLUTION NO 93-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE PURCHASE OF REAL PROPERTY FROM WILLIS HEAD AND SANDEEN HEAD FOR STREET RIGHT OF WAY, TRAFFIC SAFETY AND STORMWATER CONTROL PURPOSES AND AUTHORI ZING THE CLERK/ TREASURER TO ISSUE THE WARRANTS NECESSARY TO ACCOMPLISH THE PURCHASE. Declaring Intent to Issue Bonds to Purchase Property in the Eisenbeis Addition. RESOLUTION NO 93-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING THE INTENTION OF THE CITY COUNCIL TO ISSUE TAX EXEMPT BONDS TO FINANCE THE PURCHASE OF REAL PROPERTY IN EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND. Authorizing Purchase of Stormwater Easement from Don and Patricia Hill. RESOLUTION NO 93-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE PURCHASE OF AN EASEMENT ACROSS REAL PROPERTY OWNED BY DONALD WILLIAM HILL AND PATRICIA A HILL FOR A STORMWATER FACILITY AND AUTHORIZING THE CLERK/TREASURER TO ISSUE THE WARRANTS NECESSARY TO ACCOMPLISH THE PURCHASE. Authorizing Purchase of Stormwater Easement from Edna Lovano. RESOLUTION NO 93-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE PURCHASE OF AN EASEMENT ACROSS REAL PROPERTY OWNED BY EDNA T LOVANO FOR A STORMWATER FACILITY AND AUTHORIZING THE CLERK/TREASURER TO ISSUE THE WARRANTS NECESSARY TO ACCOMPLISH THE PURCHASE. Declaring Intent to Issue Bonds to Purchase Real Estate in Bishop Park Addition. RESOLUTION NO 93-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING THE INTENTION OF THE CITY COUNCIL TO ISSUE TAX EXEMPT BONDS TO FINANCE THE PURCHASE OF INTERESTS IN REAL PROPERTY IN THE REPLAT OF BISHOP PARK ADDITION TO THE CITY OF PORT TOWNSEND. Authorizing Purchase of Real Estate from Vartkes and Jill Tatarian for Storm Water Facility. RESOLUTION NO 93-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE PURCHASE OF REAL PROPERTY 313 314 MINUTES OF THE REGULAR SESSION OF JUNE 21,1993, Cont. FROM VARTKES TATARIAN AND JILL TATARIAN FOR A STORMWATER FACILITY AND AUTHORIZING THE CLERK/ TREASURER TO ISSUE THE WARRANTS NECESSARY TO ACCOMPLISH THE PURCHASE. After discussion, Councilmember Westerman made a motion that the Council adopt Resolutions No 93-76 through 93-81 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. ADJOURNMENT There being no further business, Cou ilmember Camfield made a motion to adjourn which was seconde n ass at 11:00 PM. Attest: ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JULY 6, 1993 The City Council of the City of Port Townsend met in regular session this sixth day of July, 1993, at 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 Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt, Planner Dave Robison and City Engineer Randy Brackett. PUBLIC COMMENTS Carter Haven was recognized and requested consideration and adoption of an enforceable noise ordinance. His particular situation has to do with motorbikes but there are other problems in other areas that should also be addressed. Mayor Clise referred this request to-the Police/Fire/Animal Control Committee. Council- member Sokol confirmed that there is a meeting of the Committee set for July 13, 1993, at 5:00 PM when this matter can be discussed. PRIORITY ITEM G-2B Appeal Hearing. This matter was an appeal under Chapter 1.14 of the Municipal Code. The detailed findings and conclusions of the City Council are to be considered the minutes for this portion of the meeting. An appeal submitted by G2B partnership regarding the administrative decisions of the Planni~g and Building Director on permit applications submitted by G2B. FINDINGS OF FACT: 1. This matter came on for public hearing before the City Council on July 6, 1993, at the regular meeting of the Council. This is an Appeal of administrative decisions of the Planning and Building Director regarding permit applications submitted by G2B Partnership (hereinafter "AppellantB). I I I