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HomeMy WebLinkAbout09/07/1993 384 MINUTES OF THE REGULAR SESSION OF AUGUST 16, 1993, Cont:. ADJOURNMENT Attest: adjourn which councilmember Jones made a motion that was seconded and passed by voice vo , Mayor ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993 The City Council of the City of Port Townsend met in regular session this Seventh day of September, 1993, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presidinq. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westennan and Cindy Wolpin. Also present were Clerk-Treasurer David GrOVt3, City Attorney Dennis McLerran, Police Chief Jim Newton, Planner Darlene Bloomfield, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. INTRODUCTION Chief Newton introduced Ed Green, a lateral entry Police Officer from the Los Angeles Police Department and his family. Chief Newton announced that the second new officer is presently ati:ending the Police Academy and will be introduced at the end of November. ANNOUNCEMENTS Mayor Clise announced that the Public Hearing on the agenda for the Conditional Use Permit for James Ramey will be postponed until a later date at his request. Mayor Clise announced that the Cable Television Legislation discussion under Committee/Staff Reports will be delayed until at least 9:30 PM this evening. PUBLIC COMMENTS Lee Arey, representing the Cherry Street neighborhood, was recognized and stated their concerns for the speed of traffic on Cherry Street, mainly due to the increased popularity of Fort Worden. Kathryn Jenks was recognized and spoke about the procedural side of the scrutiny by the City of environmentally sensitive arHas and procedure by which this is done. Ms Jenks requested a Legislati vel Environmental Committee meeting with Planning staff and intl3rested citizens to go over the procedures in applying the ESA and SEPA ordinances. I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. Ted Shoulberg, spokesperson for the Cable Advisory Group, was recognized and requested time to make a statement at the 1:ime of the Cable Television Legislation discussion later on the agenda. It was the consensus of Council that this be allowed. 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 Library Park Emergency Medical Services Capital Improvement Wastewater Treatment Facility '93 Water Quality Improvement '93 GO Bond Projects Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 53,243.16 9,504.30 4,957.53 2,028.59 861.76 12,600.00 5,314.58 36,516.29 6,906.28 45,853.05 22,977.15 4,513.68 249.86 $ 205,526.23 Const setting Hearings: Fence Variance for City of Port Townsend for September 20, 1993. Urban Growth Boundaries for October 4, 1993. Adoption of Resolution: Communications: A letter dated August 3, 1993, from Bob Edwards, Sherry Appleton and Joan Sargent reporting on Association of Washington cities activities was copied for Council. A letter dated August 11, 1993, from Lee Arey and 15 others expressing concerns about the traffic conditions in town, on Cherry Street specifically was copied for Council and referred to the Public Works Department. A letter dated August 13, 1993 from Nancy Neraas, Preston Thorgrimson Shidler Gates and Ellis, enclosing a revised draft ordinance for the 1993 G 0 Bonds was copied for Council and referred to September 20,1993 Agenda. A letter dated August 16, 1993, from Calmar McCune on the condition of Union Wharf was copied for Council and discussion later on the agenda. A letter dated August 17, 1993, from Darlene Bloomfield to Albert J and Pauline Amell stating that Council approved the renE~wal of their Conditional Use Permit for the Puffin and Gull Mot:el and requesting renewal of the parking agreement as required prior to September 20, 1993, was copied for Council. A letter dated August 17, 1993, from Mr and Mrs S A Nelson objecting to the proposed condominiums (Christopher James Building) on Water street was copied for Council. 385 386 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. A letter dated August 18, 1993, from Richard Wojt, Chairman, Jefferson County Board of Commissioners, announcing a Public Hearing for Local Option Sales Tax for the purpose of funding the criminal justice system and enclosing a draft ordinance was copied for Council. A memorandum dated August 18, 1993, from Susan D Abraham stating concerns about the proposed permit to build 12 houses on lots 1-8 of Block 34 and lots 1-4 of Block 33 in the Montana Addition, City of Port Townsend was copied for Council and referred to Committee/ Staff Reports (Cooper Cut) later on the agenda. A memorandum dated August 18,1993, from David B Carruthers stating concerns about the proposed permit to build 12 houses on lots 1-8 of Block 34 and lots 1-4 of Block 33 in the Montana Addition, City of Port Townsend was copied for Council and referred to Committee/ Staff Reports (Cooper Cut) later on the agenda. A memorandum dated August 19, 1993, from Stan Finkelstein, Executive Director, Association of Washington cities, enclosing information about Initiatives 601 & 602 and stating that AWC's roll in opposing these initiatives will be decided on August 20,1993, was copied for Council. A letter dated August 19,1993, from Gina Hegg urging disapproval of the proposed Christopher James Building in the 700 block of Water Street was copied for Council. A letter from Gladys Hoskins opposing the spa project (Kur Ort Project) stating that the ambiance of Port Townsend will be gone was copied for Council on August 19,1993. A letter dated August 23, 1993, from M Lee requesting 30 days from the August 30, 1993, meeting of the Friends of the Library to present a scenario for rehabilitation of the city property adjacent to the library (Pink House) was copied for Council and referred to the Parks/Property Committee. A letter dated August 23, 1993, from John Clise to Senator Slade Gorton, responding to his request from local officials regarding the Federal Mandate Relief Act (5.648) was copied for Council. A letter dated August 23,1993, from John Clise to Kevin Hill, CH2M Hill, thanking him for his letter with its strong recognition of John Merchant's contributions in the Secondary Wastewater Facility Construction was copied for Council. A letter dated August 24, 1993, from Samuel R Kyle, Mt Baker Block Corporation, registering their complaint as to the removal of the parking on Taylor Street in from of the Rose Theater was copied for Council and referred to the Street/Storm Drainage/Light Committee. A letter dated August 25, 1993, from Debora Wirth-Mead, Show Coordinator, Port Townsend Arts Guild, as a reminder of the Craft Fair scheduled for September 10 through 12, 1993, was copied for Council. A letter dated August 25, 1993, from George Drew commenting that negotiations with Summit Cablevision should bring to their attention that the service they offer is far below the service of Viacom and TCI which operate in nearby northwest cities was copied for Council and referred to the Adhoc Committee. A letter dated August 29, 1993, from Susan Yawman in strong opposition to the project on Lots 1-4, Block 33 and Lots 3,5-8 of Montana Addition by steve Cooper was copied for Council and referred to Committee/Staff Reports (Cooper Cut) later on the agenda. I I I ~ I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. A letter dated August 31, 1993, from Mike Yawman, Chair, Historic Preservation Commission, stating that the Commissioners were surprised and disappointed that they have not been included in the Pink House Process was copied for Council and referred to the Parks/Property Committee. A letter dated August 31, 1993, from Charles Barker, Ex.ecutive Director, Jefferson Community Counseling Center, in support of the application by the Alternative Residential Forum for the necessary permits to provide emergency family shelter services at the former animal shelter site was copied for Council. A letter dated September 1, 1993, from the Board Members of the Port Townsend Friends of the Library, reaffirming their commitment to the preservation of the Pink House at it's present site was copied for Council and referred to the Parks/Property Committee. A letter dated September 1,1993, from E G Lindquist, asking help in understanding how the cutting and clearing on the 55th Street right-of-way happened was copied for Council and referred to Committee/Staff Reports (Cooper Cut) later on the agenda. A letter from Kenneth J Schordine requesting an intersection island at the intersection of McNeill and 20th Streets was copied for Council on September 2, 1993, and referred to the Stree't/Storm Drainage/Light Committee. A letter dated September 2, 1993, from John Clise to Kenneth Schordine stating that his letter requesting an intersection island has been referred to the Street/storm Drainage/Light Commi t'tee was copied for Council and referred to the Street/Storm Drainagte/Light Committee. A letter dated September 2, 1993, from Richard V Spindor, Designated Broker, Realty World, enclosing copies of the Plat Map and a check for payment to the Standpipe water fund for Hagen Short Plat Application No 9307-06 was copied for Council and referred to New Business later on the agenda. This concludes the Consent Agenda. PUBLIC HEARINGS Rezone Application No 9305-03 for William Schwilke. Robert Murray and Variance Application No 9307-01 for William Schwilke. Ms Bloomfield reviewed the findings, conclusions and conditions: of the Planning Commission recommending approval of Rezone Applica.tion No 9305-03 and Variance Application No 9307-01. Mayor Clise opened the hearing to the Public. Bill Schwilke was recognized and stated that he just wants to build his warehouse. There being no :further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and grant Rezone Application No 9305-03 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Findings: 1. The applicant proposes to rezone Lots 1-11, Block 5 of the National City Addition to the City of Port Townsend from R-IA to C-II. 2. When examining a rezone, the Planning Commission and City Council consider, among other factors, whether there is a need for the proposed zoning change, whether the proposed change is consistent with the goals and policies of the City's Comprehensive Plan whether there have been changed 387 388 9. 10. 11. 12. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. circumstances since the last zoning of the property, and whether the proposed change would be compatible with adjacent properties. 3. The 92.5 X 45 foot lots are currently vacant and are located one block to the south of State Route 20/Sims Way. The site abuts platted Cliff Street to the east, partially developed 3rd Street to the North, undeveloped Howard Street to the west, and a 15-foot alleyway to the south. A puget Power, and city water main easement pass through Lots 7,8, and 9 on the site. 4. The block directly to the north is zoned C-II and currently is the site of a tire store and auto parts store and a portion of a small shopping center. All of the adjacent commercial uses are recent developments constructed within the past five years. The properties located to the west and south are currently undeveloped, residentially-zoned properties. The property to the east is also residentially zoned but is located within a ravine. 5. Other C-II zoned properties are located along the Sims Way Corridor and Kearney street as well as a small, four-block area along Water Street near the bluff. In addition, The City Council recently approved a Planned Unit Development for 73 business and industrial lots across Sims Way to the north. 6. The applicant proposes to rezone only the north one-half of the subject block. The south one-half would remain residential. The applicant states that the 15-foot alleyway and back yard would better serve as a buffer area to the commercial district. 7. If the rezone were granted, future residential development on the lots to the south would be separated by a 15-foot alleyway and rear-yard setbacks. While under current zoning, residences built on the subject lots, would front directly onto 3rd Street and the existing commercial uses. 8. Although this is not a contract rezone, it is recognized that the applicant also proposes to construct a storage building for storage of tires for sale at the neighboring tire store. The applicant also proposes to park semi-truck trailers and other tire store vehicles on the site. Section 17.16.010 of the PTMC allows outright in the C-II zone the under cover storage of goods intended for retail sale on the premises. Automobile parking operated in conjunction with a permitted use is also allowed as an outright use. The warehouse is not anticipated to generate any additional traffic. Pursuant to 17.20.010 PTMC buildings constructed on C-II zoned property which abut residentially-zoned property must setback a minimum of 25 feet from rear property lines and 10 feet from side property lines. The applicant also proposes a 6-foot-high chain link fence surrounding the proposed parking area. section 17.16.010 of the Port Townsend Municipal Code (PTMC) outlines the purpose of each zoning district. The purpose of an R-IA zone, which is the current zoning of the subject property, is exclusively single-family residential with agricultural uses also allowed. The purpose of a C-II zone is primarily a general commercial district for the conduct of enterprise which depends on proximity to ma jor streets or arterials for trade or transportation. section 17.16.010 of the Port Townsend Municipal Code also lists the uses which are permitted in the various zoning I I I I I I 13. 14. 15. 16. 17. 18. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. districts. The C-II zone allows uses such as apartment houses, banks, large and small retail stores, churches, clinics, department/variety stores, and restaurants. The 16-inch water main crosses through the property on lots 7, 8 and 9. No water service is currently being requestE~d, but the Public Works Department has indicated that a watE!r main extension will be required at the time water service is necessary. Similarly, no sewer service is currently located adjacent to the site and no request for sewer service is currently being requested, but at such time sewer service is necessary the developer will likely be required to pump the sewage to an existing sewer main on 3rd Street to the east. A fire hydrant is located near the northwest corner of subject Lot 6. The fire department has determined that the hydrant is adequate to serve the subject proposal. Future development will also be subject to the uniform fire code and may require installation of additional hydrants. Access to the site will be by way of Sims Way to Cliff Street to 3rd Street. A left-hand turn lane into the site ~lill be developed at the Sims Way and Cliff street intersection as a portion of the Port Townsend Business Park Planned Unit Development. Other than the proposed warehouse, the applicant does not propose any specific uses for the subject. site. Traffic evaluations and environmental impacts will be further reviewed at the time of future development. The City Council has issued a Mitigated Determination of Nonsignificance, dated July 19, 1993, after review of the Environmental Checklist submitted by the applicant pursuant to the Washington state Environmental Policy Act (SEPA). 'rhis is attached as Appendix 1 to this document. The goals and policies of the City's Comprehensive Plan provide policy guidance as to where C-II zoned property should be located. In addition to policies concerning off'-street parking, loading and signs, the following policies are listed to determine the proper location for commercially zoned properties: a. Commercial development should be located in areas where a reasonable demand can be expected for community oriented needs or to provide tourist-oriented services. b. Strip commercial development along roads and highways leads to unnecessary traffic congestion, automobile accidents, proliferation of signs and the diminishment of adjacent property values; therefore, cornnercial development should be located adjacent to existing commercial development in a block-like fashion, or at the intersection of two or more arterial streets, or within a planned unit development. c. Commercial land or buildings should be used in a manner which does not create dangerous, injurious, noxious, or similar conditions which would adversely affect the use or value of adjacent areas or properties. d. Commercial activities should not emit dangerous or objectionable noise, odors, radioactivity, vibrations or glare. The Comprehensive Plan also designates the subject si'te as a location for the future development of industrially zoned property. 389 390 MINUTES OF THE REGULAR SESSION OF :SEPTEMBER 7,1993, Cont. 19. Lots 5 through 11 and Lots 12 through 17 of Block 4 of the National City Addition No.1 to the City of Port Townsend, were rezoned from R-IA to C-II in July of 1984. Conclusions: 20. with the conditions prescribed below, the subject rezone would provide a better separation between future residential development and the existing commercial use and would therefore be in the public interest. 21. Because other commercially zoned property is located directly adjacent to the subject property the rezone would be consistent with the surrounding area. 22. Although other properties which are already zoned C-II exist, with the conditions prescribed below, the proposed extension of the C-II zone at the subject site would allow for a better separation between the existing land uses and residential properties. As conditioned, the C-II zone would be the most appropriate zone to allow for the transition between the two zones. 23. The proposed rezone is in general conformance with the Port Townsend Comprehensive Plan and existing land uses and the intent of the zoning classifications. Although the proposal would not rezone the entire block, the subject property is located adjacent to property which is currently zoned C-II and would be a logical extension of the zone. In consideration of the aforementioned findings and conclusions, the City Council approves the above-referenced application as conditioned: 1. All future development on the site shall be consistent with the MDNS issued by the City Council on July 19,1993. ORDINANCE NO 2372 AN ORDINANCE REZONING LOTS 1-11 OF BLOCK 5 OF THE NATIONAL CITY ADDITION TO THE CITY OF PORT TOWNSEND FROM R-IA TO C-II; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2372 which was seconded by Councilmember Sokol and passed unanimously by roll call vote. Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and grant Variance Application No 9307-01 which was seconded by Councilmember Jones. After discussion, the motion passed unanimously by voice vote. Findings: 1. The applicant proposes to build a warehouse with all-foot 10- inch rear setback on Lot 5 of the National City Addition to the City of Port Townsend. The lot is currently zoned R-IA, but is proposed to be rezoned to C-II. 2. The applicant recently proposed to rezone the north one-half of the block where the subject property is located. The south I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. one-half of the block, remain residential. if the rezone is approved, would 3. Subsection 17.20.010 PTMC requires a 25-foot rear setback for buildings constructed on C-II zoned properties which abut residentially-zoned properties. Therefore, if the re:;wne is approved, the construction of the building as proposed requires a rear setback variance. If the rezone is denied the proposed building would not be allowed. The 92.5 X 45 foot lot is currently vacant and located one block to the south of State Route 20/Sims Way. The si be abuts partially developed 3rd Street to the North and a 15-foot-wide alleyway to the south. 4. 5. The block directly to the north is zoned C-II and currently is the site of a tire store and auto parts store and a portion of a small shopping center. All of the adjacent commercial uses are recent developments constructed within the past five years. The properties located to the west and south are currently undeveloped, residentially-zoned properties. The property to the east is also residentially zoned but is located within a ravine. 6. The applicant states that the 15-foot alleyway adjacent to the rear of the property and the required 20-foot rear ::;etback requirement for any future residential development would provide adequate buffers. 7. The City Council issued a Mitigated Determination of Nonsignificance, dated July 19, 1993, after review of the Environmental Checklist submitted by the applicant.. The checklist was submitted in conjunction with the above referenced rezone application pursuant to the Washington State Environmental Policy Act (SEPA). Conclusions: 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. 2. The 10-foot-wide rear setback, and 15-foot-wide alleyway to the rear of the subject property, will serve as a buffer to neighboring properties to the south. Therefore, a literal interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other commercial properties si:milarly situated in the district under Title 17 (Zoning). 3. The variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonablE! use of the land. 6. Because the granting of the variance would be in harmony with the general purpose and intent of Title 17 (Zoning) of the Port Townsend Municipal Code, the City Council grants the above-referenced application ~CÐnditioned: 391 392 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. Conditions: 1. If the subject rezone application 9305-03 is denied then this variance approval shall automatically become null and void. 2. All buildings on the subject site shall have a minimum rear setback of 10 feet. 3. All future development on the site shall be consistent with the MDNS issued by the City Council on July 19,1993. Condi tional Use Permit for James Ramey. postponed per the request of James Ramey. 1994, was set by Council. This hearing has been A date of October 18, Garbage Rate Increases. Mr Grove explained the ordinance and summary of present and projected costs. 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. Councilmember Westerman proposed that Mayor Clise send a letter to the County Commissioners thanking them for their support for the recycling program in Port Townsend and Jefferson County. Councilmember Westerman particularly thanked Commissioners Wojt and Huntingford. It was the consensus of the Council that this be done. ORDINANCE NO 2373 AN ORDINANCE AMENDING ORDINANCE NO 1138 AS AMENDED BY ORDINANCES 1347,1425,1656,1737, 1875, 2044, 2108, 2165, 2221 AND 2308, ADJUSTING GARBAGE RATES, AMENDING SECTION 6.04 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. After discussion of utility discounts and the recycling program, Mr Grove read the ordinance by title. Councilmember Westerman 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 by voice vote with six Councilmember voting in the affirmative and Councilmember Jones voting against the motion. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2373 which was seconded by Councilmember Owsley and passed by roll call vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. MAYOR'S REPORT Mayor Clise reported he has met with the Port Manager and one of the Commissioners and they have requested time to update Council on activities at the Port in relation to the Haulout Facility and other issues. This was scheduled for the October 18, 1993, Council meeting. A very brief discussion by Mr Hildt and Mr McLerran of the presentation to Council ensued. If it turns out that there would be a conflict, the presentation would be rescheduled. Mayor Clise reported that PT/2020 participants have been sent a mailing to develop a list for people interested in serving on various boards and commissions for the City and requested that Councilmembers give him a list for the mailing as well. A letter will be sent to liThe Leader" as well. RESOLUTION NO 93-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DESIGNATING SEPTEMBER 1993, THROUGH SEPTEMBER 18, 1993, AS 'DAYS OF I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. CARING' IN THE CITY OF PORT TOWNSEND AND SUPPORTING THE EFFORTS OF UNITED GOOD NEIGHBORS OF JEFFERSON COUNTY. Mayor Clise explained the resolution. Councilmember Westerman made a motion that the Council adopt Resolution No 93-107 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mayor Clise reported on the Haller Fountain dedication cE~remony held on September 6,1993, and thanked all those who worked on it. He will be writing a letter or putting an ad in "The Leader" to thank citizens who took part in the restoration. Fund raising is still going on to complete the project. Councilmember McCulloch thanked Councilmember Westerman for putting a conservation easement on her garden property next to the Fountain that means there will never be anything built on that vacant property. During a discussion of a date for the Council Retreat, a date of February 9 and 10, 1994, was tentatively set. A half-day budget retreat for the 1994 Budget was set for 9: 00 AM to 1: 00 PM on November 4, 1993. Finance Committee. A meeting of the Committee to discuss the 1994 budget was set for October 20, 1993, from 6:00 AM to 5:00 PM or until done. street/Storm Drainage/Light. A meeting of the Commi ttee '~as set for September 22, 1993, at 5:00 PM to discuss the emergency zone issue in front of the Rose Theatre as well as parking and a letter referred to the Committee from Mr Kyle. Mayor Clise request,ed that representatives from Main Street, Fire and Police Departments, Theater owners, and Public Works and Planning Departments attend. An advertisement will be put in the paper. NEW BUSINESS Hagen Short Plat Approval. Ms Bloomfield reviewed information and the findings, conclusions and conditions of the Planning and Building Director for Short Plat Application 9307-06. After discussion, including Richard Spindor representing the applicants, Councilmember McCulloch made a motion that the Council adopt the following findings, conclusions and conditions and the Mayor be authorized to sign Short Plat Application No 9307-06 which was seconded by Councilmember Jones and passed by voice vote. Councilmember Camfield was excused and did not take part and Councilmember Wolpin abstained. Findings: 1. The applicants propose a short subdivision of 9.33 acr,es into two lots pursuant to Chapter 18.38 of the Port Townsend Municipal Code (PTMC). The applicants have submitted a preliminary site plan dated 6/16/93. 2. In addition to the applicants, both Jefferson National Bank and Island Savings and Loan Association have an ownership interest in the property. 3. The subject property is in the R-IA zoning district and is legally described as that portion of the west 1/2 of the NE 1/4 of the SW 1/4 lying northerly of Hastings Avenue, section 4, Township 30 north, Range 1 west referred to as asstessor's tax parcel 001-043-001. 4. The site is bordered by Hastings Avenue to the south; 'vacated Ivy Street to the east and unplatted property to the north, and the city limits to the west. A house and drive'iay are 393 394 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. located just beyond the site in the county to the west, and residences are located directly across Hastings Avenue to the south. The proposed plat would divide the site from north to south. Proposed Lot 1, the easterly portion of the si te, would include the existing house and would have a total lot area of 4.33 acres. Proposed Lot 2, the westerly portion of the site, would include the existing barn and 5 acres. The proposed new property line would be located approximately 300 feet from the existing barn and approximately 150 feet from the existing residence. All remaining setbacks to the house would remain a minimum of 50 feet from property lines. The westerly side setback to the barn is approximately 16 feet. The applicant estimates that the barn was built in 1970, prior to the existence of the zoning code, as an accessory building to the existing residence on proposed Lot 1. A driveway extends to the house on proposed Lot 1 from Hastings Avenue along the western property line in vacated Ivy Street. The existing driveway to the barn and the existing western most fence line appear to be located outside of the subject property description. An existing US West telephone utility box is located near the southeast corner of the site. A 6-inch water main is located in abutting Hastings Avenue. The site is located wi thin the low-pressure water-service area. Washington State Department of Health regulations for residential occupancy require a minimum water pressure of 30 PSI at all times. The City is currently planning the installation of a water stand-pipe to provide adequate water pressure to the district. The new standpipe could be in place as early as Fall, 1994. The Jefferson County Environmental Health Department has reviewed the proposal. The existing house on proposed Lot 1 currently has septic system on site, and an on site sewage system design has been approved for proposed Lot 2. Section 18.38.130(D) of the Port Townsend Municipal Code states that "Fire protection devices in the form of fire hydrants shall be a requirement of any short subdivision, in accordance with city specification and the Uniform Fire Code." The Fire Department has reviewed the proposal and, because no hydrant exists within 250 feet of proposed Lot 2, the applicant would be required to install a hydrant at the established access point to Lot 2 at Hastings Avenue. Subsection 12.08.180 PTMC sets the required right-of-way width for a "major arterial" at 80 feet, while a "secondary arterial" is listed as a width of 60 feet. Hastings Avenue is currently designated as an arterial street in the Port Townsend Comprehensive Plan. Hastings Avenue to the east of Ivy Street is currently 100 feet in width while Hastings west of Ivy, adjacent to the subject property, is currently only 60 feet in width. An arterial street plan is under consideration which, if approved, would likely designate Hastings Avenue as a minor arterial, requiring an 80-foot-wide right-of-way. The Comprehensive Plan Transportation Circulation goal number five states, "In order to provide for public safety and to I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. minimize public expenditures, traffic circulation routes should incorporate limited access provision whenever possible." 15. As previously mentioned, a driveway currently exists to the residence on proposed Lot 1, and two driveways exist on the north side of Hastings just beyond the western proper1:y line of the subject property. In addition, driveways exist on the south side of Hastings near the western property line; and near the proposed division line. In general, currently platted city streets are located in 200-foot intervals throughout the city. The proposed new division line is located approximately 266 feet from Ivy street to thE~ east, and approximately 250 feet from the driveways to the 'iest. Chapter 16 (Drainage Plans) of the Port Townsend Municipal Code requires a drainage plan for properties subject to subdivision. The applicant would be required to provide a drainage infiltration system for improvements on proposed Lot 2 at the time of development. The drainage plan shall provide for all impervious surfaces including roof, sidewalk, and driveway, etc. 16. Conclusions: 1. Under the conditions prescribed below, the proposed short subdivision is in conformance with the goals and policies of the Port Townsend Comprehensive Plan. 2. The proposed short plat is in conformance wi1:h the requirements of Title 17 (zoning) of the Port Townsend Municipal Code, and the design, shape, size and orientation of the proposed lots are appropriate to the proposed use and in character with the surrounding area. 3. Under the conditions prescribed below, roads serving the site provide for existing and projected traffic pa"tterns, topographic and drainage conditions, public convenience and safety, and are in conformance with City Design Standards. 4. Under the conditions prescribed below, the proposed short plan meets the requirements of Chapter 16 (drainage) of the Port Townsend Municipal Code. 5. Under the conditions prescribed below, the proposed short subdivision meets the purposes, standards and critE!ria of Chapter 18.38 of the Port Townsend Municipal Code. Based on the foregoing findings of fact and conclusions, the City Council hereby grants the above-referenced preliminary plat as conditioned: 4. 1. Access to proposed Lot 2 shall be taken from Hastings Avenue, and shall be a minimum of 200 feet from any other vehicular access point on the northern side of Hastings Avenue. 2. Any further, future subdivision of the property shall r,estrict vehicular access to the access point established in this plat. 3. To assure adequate setback from future arterial development, all buildings shall be setback a minimum of sixty (60) feet from the center line of the Hastings Avenue right-of-way. A drainage plan consistent with the requirements of Chapter 16 PTMC (Drainage)"or ,as h~reafter amended, shall be submitted for Lot 2 whe~ a èo~~t~hbtiÓrt þérmit application is suhmitted. 395 396 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. 5. Prior to final plat approval a fire hydrant shall be installed at Hastings Avenue near the location of the future access point. 6. A final short plat shall be prepared pursuant to all of the applicable requirements of Chapter 18.38.140 of the Port Townsend Municipal Code and shall be submitted to the City Council, after all required improvements are made, and within three years of the date of this preliminary plat approval. All parties with ownership interest shall sign on the face of the plat. 7. All improvements constructed on the property shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in interpreting or applying the same. Councilmember Camfield returned to the Chambers. 8. Hancock Street Dedication. RESOLUTION NO 93-108 A RESOLUTION ACCEPTING THE DEDICATION OF STREET RIGHT-OF-WAY FOR A CERTAIN PORTION OF HANCOCK STREET. Ms Bloomfield explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 93-108 which was seconded by Councilmember Jones and passed unanimously by voice vote. COMMITTEE REPORTS/STAFF REPORTS Urban Growth Boundary Schedule. Mr Hildt reported on the Urban Growth Boundary Schedule stating that the County Commissioners have changed their planned date for their decisions from October 1, 1993, to October 25, 1993, but the schedule is still very tight. Since the consultants have asked for a delay of discussion of the Arterial -Street Plan by the Planning Commission on September 15, 1993, the Commission will be discussing this subject and will do a review and introduce some preliminary recommendations. The Joint Growth Management Committee is scheduled to meet the following day to adopt the population forecast and the level of service standards. The Planning Commission will schedule a hearing later in the month and then City Council will receive it on October 4, 1993. The Council can then act on the recommendations. Authorizing Application for Grant Funds from puget Sound Water Ouality Authority. RESOLUTION NO 93-109 A RESOLUTION AUTHORIZING THE MAYOR TO MAKE TWO APPLICATIONS TO THE PUGET SOUND WATER QUALITY AUTHORITY FOR ACTION GRANT FUNDS FOR NONPOINT, STORMWATER AND WETLANDS PROTECTION PROJECTS. Mr Wheeler explained the resolution. After discussion including Mr McLerran, Councilmember McCulloch made a motion that the Council adopt Resolution No 93-109 which was seconded by Councilmember Westerman and passed unanimously by voice vote. RECESS Mayor Clise declared a recess at 9:12 PM. at 9:17 PM. The meeting reconvened I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1993, Cont. COMMITTEE REPORTS/STAFF REPORTS Cooper Cut. A letter dated August 10, 1993, from Graham Burdekin responding to the SEPA permit process underway for steve Cooper's development on Lots 1-8, Block 34, Montana Addition and Lo1:s 1-4, Block 33, Montana Addition was copied to Council at this time. Councilmember Wolpin requested staff to explain what is going on wi th this at the present time and what is being done to ma)Œ sure this does not happen again. Mr Hildt responded that the comment period was extended and a public meeting held last week on the site. A determination will be made on September 15, 199310 which will set in motion a 15 day comment and appeal period. If there is an appeal, it could come to Council in October. At the beqinning of the year, Mr Cooper approached the city about the property and went through a pre-application for four houses, which does not call for a SEPA review. On March 30,1993, two Public Works employees were approached for a digging permit which was issued on March, 31, 1993, to dig trenches for water and sewer lines within the right- of-way of 54th and 55th streets between Wilson and CIE~veland streets and in Cleveland Street between 54th and 55th Streets. The sketch with the permit indicated the entire width of the riqht-of- way. There were a number of complaints received, work was s1:opped, the applicant was required to get a street development permit before proceeding. The street development permit application stated six to twelve houses so Mr Cooper was referred to Ms Bloomfield who gave him a checklist and asked for an environmental checklist before work would continue. On August 5,1993, Mr Hildt and Mr Robison went to the site, took measurements and photographs and did an ESA determination and found that is was :not an environmentally sensitive area. After getting phone calls that work was proceeding, a stop work order was issued. Apparently, Mr Baker discussed it with someone at Public Works and had gotten authorization to "park out" the private property. A stop work order was issued and it is now in the SEPA process and there is a possibility of enforcement action. Mr Wheeler commented and street digging permits have been given out for years by employees but he is now reviewing them all, the street development process is being studied and changed. The "parking" out of the property reqwest was to find out if any tree and brushing committee work needed to be done and there was no indication that it was being graded for four uni ts and no SEPA requirements at that time. Every street development permit that is approved takes out some tree,s: the street/Storm Drainage/Light Committee has said that they are not sure that they want to approve every permit through Council; and the new street standards have been done by the Transportation Advisory Committee and is now being put together for Council. Mr McLerran stated that Council needs to consider this as a status report on an on-going situation from staff and warned Council about making statements with respect to what ought to be done wi 1:h this case right now as there may well be appeals coming to Council at a later point. A discussion of some of the points in the lett.er from Mr Lindquist, and process and procedures including Mr McLerran and Mr Hildt ensued. Cable Television Legislation. Mr McLerran explained issuE~s with respect to cable television rate regulation stating that Council has an option to become the regulatory authority for basic service rates by filing a certification with the Federal communi<::ations Commission (FCC), to petition the FCC to do the regulation of basic service rates and to not act on this and let the market set the rates. The recommendation of the AWC panel is to take the step that the rates be regulated locally. Mr McLerran then explained what this would entail as well as the present status with Summit Cablevision. Mr McLerran then explained that the rules have set up certain minimum customer service standards that the City can petition be made mandatory at the local level and then explained what the minimum standards are. The third issue is the franchise renewal request of Summit Cablevision. Questions and discussion 397 398 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. including Ted Shoulberg, Cable Advisory Committee, which unanimously supports the City becoming a regulatory authority for basic service rate, Lee Daniher, Manager of Summit Cablevision in this area, and Mr Grove, ensued. A Public Hearing was set for September 20, 1993. Street/Storm Drainage/Fire. Councilmember Jones reported that the Committee met and discussed the Blaine Street issues and suggestions by the neighborhood. The signs have been ordered but not yet installed and the Police will try to patrol the area in the morning and evenings to see what and how many violators there were in the area. Councilmember Jones recommended that a traffic counter be put in for a traffic count on the street. A discussion of the area, transportation planning, and speed limits and speed enforcement including Mr Wheeler, Mr McLerran, Mr Hildt and Chief Newton ensued. Legislative/Environmental. Councilmember Wolpin set a meeting of the Committee for September 14, 1993, at 5:00 PM, to discuss the Public Benefit Ratings System and determining Environmentally Sensitive Areas. Pink House. Councilmember Camfield reported that the Friends of the Library have asked for more time to submit proposals for the Pink House. After a brief discussion, it was the consensus of Council that October 31, 1993, is the final deadline and that the Mayor will write a letter to that effect. City Dock. Councilmember Camfield stated concerns about a letter from Public Works to Alaska Sightseeing Cruise West about rates charged in other municipali ties for docking and policy recommendations made by the Park and Recreation Commission. Mr Wheeler stated that it is presently on his desk, and he will be putting together a recommendation for rules for Council. A discussion of rates, the lAC, rate surveys and the schedule that was requested for October ensued. A meeting of the Parks/Property Committee to discuss this subject was set for September 23, 1993, at noon. Finance. Councilmember Owsley made a motion that the Council appropriate $1000.00 from the Hotel/Motel Transient Tax fund to the Rhody Commi ttee for float travel which was seconded by Councilmember McCulloch. Councilmember Sokol amended the motion to raise the amount to $2500.00 which was seconded by Councilmember Jones. After a brief discussion, the motion to amend failed by voice vote with Councilmembers Sokol and Jones voting in the affirmative and five Counci1members voting against the motion. The main motion passed by show of hands with four Councilmembers voting in the affirmative and Councilmembers Sokol, Jones and Westerman voting against the motion. councilmember Owsley made a motion that the Council reimburse $300.00 from contingency funds to the Historical Society for the restoration of the Haller Fountain Dedication Ceremony which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Owsley reported that the Library had requested $2800.00 to convert catalog records to computer readable form in preparation for the automation program and that the Committee had requested that they find other places in their budget for it. In recognition of the importance of the project, Councilmember Owsley made a motion that the Council approve $300.00 for the Library from contingency which was seconded by Councilmember Camfield and passed unanimously by voice vote. councilmember Owsley reported that the Fire Department is in need of furniture and a microwave oven and requested had $1500.00; the Committee has requested that they add these requests to the 1994 I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7,1993, Cont. Budget. Since the Committee feels that the need is there, Councilmember Owsley made a motion that Council approve $300.00 from contingency to recogni ze the need which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Councilmember Owsley made a motion that the City release the $10,000.00 held in contingency as requested by the County for Health Department Services which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Owsley reported that the Committee thanked Orabelle Conally for her letter with budget suggestions and reported that the letter has been forwarded to the Clerk-Treasurer. Police. RESOLUTION NO 93-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING ADOPTION OF A ONE- TENTH OF ONE PERCENT LOCAL OPTION SALES TAX BY THE JEFFERSON COUNTY COMMISSIONERS FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL FUNDING TO THE COUNTY AND CITY CRIMINAL JUSTICE SYSTEM. Chief Newton noted the letter from the Jefferson County Board of County Commissioners dated August 18, 1993, regarding the public hearing for the local option sales tax ordinance scheduled for September 13, 1993, at 2:00 PM. During a brief discussion of this proposed tax, Councilmember Jones made a motion that Resolution 93- 110 be adopted which was seconded by Councilmember McCulloch. After discussion including Mr McLerran and Chief Newton, the motion passed unanimously by voice vote. Public Works. Mr Wheeler reported that they are doing more than just putting a railing around Union Wharf. The pilings arl~ being addressed and the condition of the dock is being evaluat.ed. A discussion ensued during which it was affirmed that connection to the water is wanted and should not be lost. Planning and Building. Mr Hildt requested that Fifth Revisions to Conditional Use Permit No 8912-07 -James Swan Hotel be added to the agenda for September 20, 1993. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session at 11:20 PM to discuss a certain aspect of the Middle School that is subject to condemnation proceedings. Councilmember Camfield left the chambers at this time. Staff included Dennis McLerran, Michael Hildt and Robert Wheeler. The meeting was reconvened at 11:45 PM. ADJOURNMENT There being no further adjourned at 11:45 PM. Mayor declared the meeting . Attest: ~~ Clerk-Treasurer 399