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HomeMy WebLinkAbout10/04/1993 I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. current limit of 18 months as well as discussions with the Department of Health about the Surface Water Treatment Rule and other costs ensued. COUNCILMEMBERS GENERAL DISCUSSION Mr McLerran explained the letter from Washington cities In:5urance Authority regarding the G2-B suit stating that it is a standard letter that is sent every time there is a claim to them (WCIA). ADJOURNMENT There being no further adjourned at 11:20 PM. or Clise declared the meeting Mayor . Attest: k4~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993 The City Council of the City of Port Townsend met in regular session this Fourth day of October, 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, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Councilmember Vern Jones was excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. Others present included members of the Jefferson-Port Townsend Shoreline Management Advisory Commission. PROCLAMATION Mayor Clise proclaimed October 5, 1993, as Jim Orsborn Day in recognition of his 25 years of service with the City. CONSENT AGENDA Councilmember Owsley made a motion to approve the followinçr items on the Consent Agenda which was seconded by Councilmember Sokol. During discussion, it was clarified that Jim Ramey's permit application is still pending but may be withdrawn. Councilmember McCulloch clarified that the letter from Mike and Janice Bohart inferred that they had spoken to her about the Kur Ort proposal and explained that she had suggested that they write to Council as she could not comment on it. The motion passed unanimously by voice vote. Approval of the Minutes for August 16, 1993, as written ~'ithout reading. Approval of the following Bills and Claims: Current Expense street Library $ 124,508.33 4,947.39 5,511.14 411 412 MINUTES OF THE REGULAR SESSION OF OCTOBER 4,1993, Cont. Park Arterial Street Hotel/Motel Emergency Medical Services Waste Water Treatment Facility 93 Water Quality Improvements 93 G 0 Bond Projects Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 6,978.70 750.00 254.74 4,801.00 Const 279,606.80 7,886.10 2,450.52 10,469.98 339.21 6.524.31 98.40 $ 455,126.62 Setting Hearings for October 18,1993: Conditional Use Permit Application No. 9308-04 - Port Townsend School District No 50 (High School) Conditional Use Permit Application No. 9308-02 - Port Townsend School District No 50 (Grant Street) Adoption of Resolution: Authorizing Agreement with Jefferson County Fire District No 6 for Fire Protection of the Biosolids Facility. RESOLUTION NO 93-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH JEFFERSON COUNTY FIRE PROTECTION DISTRICT #6 FOR FIRE PROTECTION AT THE BIOSOLIDS COMPOST FACILITY. Appointment: Jewell Cline Atwell to the Civil Service commission replacing Karen Chang until December 31, 1995. Communications: A letter dated September 16,1993, from County Commissioners Robert Hinton and Glen Huntingford, to the Rhododendron Festival Association, announcing supplemental funding for 1993 was copied for Council. A letter dated September 16, 1993, from Mike and Jan Bohart expressing their view that the Kur Ort Project is not in keeping with the character of the town was copied for Council. A letter dated September 16, 1993, from Art Tickner and Herb Heinle indicating they have decided to discontinue the Dahlia Garden on Sims Way at 10th Street was copied for Council. A letter dated September 17, 1993, from Gary Novak, Alternative Residential Forum (ARF) presenting a proposal for turning the animal shelter into a people shelter to provide emergency shelter for homeless women with children was copied for Council. A letter dated September 17,1993, from Kathi Willis, Area Manager, Service Quality & Community Affairs, U S WEST Communications, Inc, announcing two strategic actions designed to help the telephone company become more responsive to customers and more competitive was copied for Council. A letter dated September 19,1993, from Matt Candee encouraging the cutting of weeds and brush at the intersection of 0 and Cherry Streets was copied for copied for Council and referred to Public Works. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 4,1993, Cont. A letter dated September 20, 1993, from Tim Rymer, Area Habitat Biologist, Washington State Department of Wildlife, stating that a proposal by State Parks to bring in a mobile unit to cook diesel contaminated soil on-site at Fort Worden State Park has been reviewed was copied for Council. A letter dated September 20, 1993, from L Katherine Baril, Chair, County Resources, Washington state Uni versi ty, offering material to serve the public interest in fair credible background info]~ation on government revenue and expenditure policies to be voted on on November 2, 1993, was copied for Council. A letter dated September 20, 1993, from M L "Mike" and Barbara F Soskin to Michael Hildt and Darlene Bloomfield in apprecia1:ion of the way the Green Short Plat #930604 was handled was copied for Council. A letter dated September 21, 1993, from John Clise, to Jefferson County Commissioners Huntingford and Hinton, stating that the City and County have been meeting to discuss regional services and will be discussing the recreational activities contract soon was copied for Council. A letter dated September 21, 1993, from John Clise, to Arthur Tickner and Herb Heinle thanking them for their years of sl3lfless contribution of work on the Dahlia Garden on Sims Way at 10th Street was copied for Council. A letter dated September 22, 1993, from James Ramey confirming that he wishes to withdraw his application for a permit to build a nine unit motel on pennysaver property at Sims Way and Kearney Street was copied for Council. A letter dated September 22, 1993, from Bart Phillips, Ex~ecutive Director, Economic Development Council, seeking the sponsorship of the City of Port towns end for a Coastal Revolving Loan Fund loan application made by Skookum, Inc, for a working capital loan of $60,000.00 was copied for Council and referred to New Business. A letter dated September 23, 1993, from John Clise, to the Washington State Library Commission expressing support for the Port Townsend Library in their quest for grant funding was copied for Council. A memorandum dated September 24, 1993, from James Plearson, Associate Planner, Jefferson County Planning and Building Department, cancelling the public hearing on draft amendmønts to the Shoreline Master Program administrative sections was copied for Council. A letter dated September 27,1993 from Graham Burdekin commenting on the mitigated determination of nonsignificance for Steve Cooper's development on lots 1-8, Block 34, Montana Addition and Lots 1-4, Block 33, Montana Addition was copied for Council. A letter dated September 28, 1993, from Mike Mortenson to Summit Cable, asking consideration for adding extra programming to the current basic service brought to Port Townsend was copied for Council. A letter dated September 28, 1993, from David Grove, Clerk- Treasurer, to Gary Novak, Al ternati ve Residential Forum, giving the steps that apply to his or any other group desiring to use the current animal shelter site for a homeless shelter was copied for Council. A letter dated September 28, 1993, from Dave Robison, Planner, to Pasco Bakotich, III, P.E., Transportation Planning Engineer, requesting that WSDOT allow the City to use the adopted Gateway 413 414 MINUTES OF THE REGULAR SESSION 01" OCTOBER 4,1993, Cont. Plan for complying with the new state access management legislation was copied for Council. A letter dated September 29, 1993, from John Clise to William Plice, III, thanking him for his lettE~r of september 23, 1993, and thoughtful piece, "A Natural Solution for Port Townsend's Traffic Problem" and suggesting that a copy be sent to the Port of Port Townsend was copied for Council. This concludes the Consent Agenda. PUBLIC HEARING Joint City Council & Port Townsend Shoreline Management Advisory Commission Public Hearing on Shoreline Master Program Administration Amendments. Mayor Clise welcomed the Shoreline Commission members. Dave Robison, Planner, gave a brief overview of the process of the amendments and explained that these amendments are for the City's program only; would establish a stand alone shoreline master program for the city, has no other substantive changes, and there is no controversy to establishing a separate for the city and county. The second purpose of the amendments are a little more controversial: the proposal by the ci ty to establish a new Shoreline Advisory Commission for City Shoreline Matters to be appointed by the Mayor and confirmed by the City Council. The first draft of the amendments was presented to Council on August 18, 1993. Mr Robison then read the portion of the existing language in the existing Shoreline Master Program on Page 71 under "Advisory Commission". The change would be that the seven members of the commission would be comprised of seven residents of the City of Port Townsend, appointed by the Mayor, subject to confirmation by a majority vote of the City Council. until such time as the members of the Commission are appointed and confirmed, the Port Townsend Planning Commission shall serve as the Shoreline Management Advisory Commission and shall assume all the responsibilities of the commission set forth in the Master Program. Mr Robison then reviewed a proposal presented by Shoreline Commissioner Phil Andrus and amendments to the present framework: a) the commission be comprised of three members from each of the three districts represented by the County Commissioners; those from districts 2 and 3 be appointed by the County Commissioners and from district 1 be appointed by procedures adopted by the City of Port Townsend for the appointment of members to the advisory commissions b) terms of office be three years with three terms expiring each year, new terms to commence on April 1 of each year c) member of commission can be removed during term of office only for sufficient cause and only by the jurisdiction which appointed him or her. Most of a third proposal from County staff was rejected. A proposal from County staff incorporating many of the proposals from Commissioner Andrus was put out on August 25, 1993. Mr Robison then outlined discussion by City staff of a possible option to keep the joint commission because of their experience, ability and knowledge; need for two meetings per month, one for County and one for City business items; providing some overlap of two commissions by having some commissioners sit on both commissions. Mayor Clise opened the Hearing to the Public. Bernie Arthur was recognized and stated that the Shoreline Management Act is a tool to be used as a long range plan by the people, for the benefit of the people and the environment. The program is much more important than the particular agenda of a few politicians and he can not see how open and fair consideration can take place in the aggressive atmosphere which the City of Port Townsend has created. The joint Shoreline Management Master Program was drafted as a joint City and County document and should remain that way. Do not split the program, there are no lines painted on the shorelines of the city and county at the boundaries, residents use all the shorelines. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 4,1993, Cont. Carol Hasse was recognized and gave a history of the Shorelines Commission, amendments made to the program by the City Council, inability of the present County Commissioners to accept decisions made by their predecessors and attempts to interfere with the city's administration of the Shorelines Master Plan. It is her opinion that we should have a separate shorelines commission for the city and the county and it is an interesting proposal to look at sharing some of the staff. Ande Grahn, Jefferson County Planning commissioner, was recognized and asked the Shorelines Commission and City Council to consider splitting the Shorelines Commission with the County Commission and to continue having two City residents sitting on it. Brion Toss was recognized and stated that water does not stop at a boundary but boundaries reflect political realities and questioned the distinctions. A liaison between two commissions would result in much clearer information between the two areas. Bob Rickard was recognized and pointed out two language problems on pages 40 and 41 of the draft and then gave his opinion on consistency where property is on the boundary line between the city and county and suggested that the City Council have two residents from the city and seven from the County the same as the Shoreline Commission. Kathryn Jenks was recognized and suggested that the Shorelines Commission adopt a conditional use for reviewing all residential elements along the County shoreline. Ms Jenks stated that it is a great idea to have somebody from the County on the City Shorelines Commission who has a commercial interest in the town and would like the County Commission to still have two people from the Ci'ty. Ms Jenks stated that the stakes are high and we had bett.er pay attention to our shorelines. Marie Shirley was recognized and stated amendment passed as it is very important. that she hopes the Robert Greenway was recognized and spoke in favor the amendment in principal stating his concerns and qualifications for indep'endence and representation, abili ty to govern democratically, specialization on the Port Townsend Waterfront, divergent philosophy, and political pressure. O'Neill Louchard was recognized and supported the amendment with the idea that there be representation from the City and the County on both commissions for the same reasons stated by previous speakers. Bud Kannenberg was recognized and stated that the Shoreline Commission has done a good job in the past but that he is in favor of the City having its' own Commission. The City is the one most affected by what happens on the shoreline and should be the ones to control the destiny of the City, the whole community and its citizens. Mr Kannenberg agrees that there should be representation by both city and county on both commissions but wants the City to have control over its' shoreline. Susan Ambrosus was recognized and stated her concerns about the Shoreline Commissioners having the good of the environment at heart and hopes that this will be an independent commission for the good of the environment. Evan Millman was recognized and stated that he feel that the split would serve the City's needs most effectively and supports the amendment. Paula Mackrow was recognized and supported the changes and what several people have said this night, we should not look at Port 415 416 MINUTES OF THE REGULAR SESSION OJ" OCTOBER 4, 1993, Cont. Townsend as a urban area with only one or two lots left and that it is important that we have a local community controlled shorelines commission and to keep as many options open as possible. The City has been far sighted in it's planning and the County has not been as far sighted and the Council and the local planning. Diane Thompson was recognized and appreciated the time spent by all the Commissioners for their time, integrity and expertise. Ms Thompson stated her support of the amendment. Pamela Johns-Merryman was recognized and pointed out that many people who do not support this amendment might be supporting this amendment to protect their own personal interests and agendas and that there needs to be separation with representation on both commissions from both political entities and hope that the commissions can stay independent and representative. Mr Hildt read a letter received October 4,1993, from Dana Roberts urging adoption of the proposal. Mr Hildt commented on six whereas clauses on the first page of the draft ordinance stating a brief history and underscored that this is not about any concern with the current Shoreline Management Advisory Commission, the system has worked well for almost 20 years and there is nothing but respect and appreciation for Shoreline Advisory Commission. The County Commissioners this year have attempted to unilaterally issue amendments designed to reverse recent amendments which were adopted under the normal procedure. It is a fact that the City Council is accountable to the voters of Port Townsend and have responsibilities under the Washington state Shorelines Management Act; comInented on September workshops, continuity between two commissions if a new one is established, the proposed action has nothing to do with the actions of the Shorelines Commission -strictly the actions of the County Commissioners. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Shoreline Commission for discussion and recommendation. Shoreline Commissioner Phil Andrus was recognized and questioned the boundaries over the water line if the City has its' own Commission. Mr Robison responded that it is at the inner harbor line and explained it on a map. commissioner Andrus suggested that the Commission to restrict discussion only to subjects that they have heard testimony about (how many shoreline commissions should there be). The questions are: whether they want to have one Shoreline Commission or two, or are in favor of some of the suggestions made earlier this evening. ComInissioner Reed Gunstone questioned the length of the shoreline in the City. It was answered that there are 8.9 miles of shoreline in the City and 185 miles for eastern Jefferson County. Commissioner Gunstone then questioned if an Evironmental Evaluation is needed for this issue. Mr McLerran responded that these amendments are purely administrative and SEPA has an exemption for any action that does not change substanti ve requirements. Mr Arthur explained that the point he was trying to make is that the joint commission represents all the taxpayers of Jefferson County which own the Port properties in the City of Port Townsend and that that is where a lot of the activity that require Shoreline Permits take place. After discussion by the Commissioners of the way members of the Commission are appointed, the point of view of the citizens of Port Townsend, staying with one commission, consideration of the winds of political change, suffering of the shoreline while a new commission gained expertise, integrity of the Commissioners, experience of the present Commissioners and incorporating some of I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Con't. the present commissioners on a new commission, commissioner Jennifer Stankus made a motion that the Commission recomme,nd the Andrus proposal. After clarification of the recommendations, Commissioner Cedric Lindsay seconded the motion which passed unanimously by voice vote by the Shoreline Commission. Mayor Clise turned to the City Council for discussion and recommendation. After discussion of minutes or tapes of the Shoreline Commission meetings, a time lag for learning the business of being a commissioner, continuity, a voice for the citizens of Port Townsend, independence of the commissioners, forInation of a second commission, bylaws of the Shorelines Commission, te,rms of appointment and removal, representation on the commission-bo1:h City and County, time for separation, a joint shoreline commission with the City having to right to appoint 1/3 of it, Councilmember Westerman made a motion that an ordinance be prepared that, would separate the Shoreline Commissions and the Shoreline Management Master Program including corrections by Bob Rickard which was seconded by Councilmember OWsley. After discussion of review and comment by the County on City applications that may impact the County and vice versa, make up of both Commissions, staggered terms, and maps including the Commissioners, Mr McLerran,and Mr Robison, the motion passed by voice vote with five Councilnlembers voting in the affirmative and Councilmember Sokol voting against the motion. RECESS Mayor Clise thanked the Shoreline Commissioners and declared a recess at 9:20 PM. The meeting was reconvened at 9:30 PM. PUBIC HEARING Street Vacation Application No. 9212-03 - James and Marsha Eades. Mayor Clise announced that this hearing has been postponed at the request of the applicant. UNFINISHED BUSINESS Revision to Conditional Use Permit No. 8912-07 - James Swan Hotel (Continued from 9/20/93). Councilmember Sokol left the Chambers. Mr Hildt reviewed the revision to Conditional Use Permit No 8912- 07. Councilmember Wolpin disclosed that at the last Councilmeeting, during the break, Mr Lamy had told her something to the effect that he would have on site parking; she told him that she could not discuss it as it was not on the record which Mr McLerran confirmed. Since no one present felt that Councilmember Wolpin could not render a fair and just vote, she remained in the Chambers. Mr Hildt clarified that this is essentially the same project and that a new hearing is not needed. Mr Lamy confirmed that there will be 27 on-site parking spaces with four on Water Street with 3 fee-in-lieu. After discussion of parking density, including Mr Hildt and Mr McLerran, Councilmember Camfield made a motion that the Council adopt the following findings and conclusions and approve the fifth revision to Conditional Use Permit No 8912-07 which was seconded by Councilmember Owsley and passed by voice vote with four Councilmembers voting in the affirmative and Councilmember Wolpin voting against the mot:ion. Findings: 1. By letter dated September 9, 1993, the architect for thE~ James Swan Hotel expansion, Kurt Jensen, CDA Architects, Inc., has requested the following revisions to the previously approved project ("Plan A"): a. Reduce the floor area of the proposed restaurant from 1700 square feet to 1000 square feet. Increase the proposed floor area of retail shops from b. 417 418 4. MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Cont. 1200 square feet to 1900 square feet. 2. The revisions proposed are not substantial in nature or scope and, therefore, addi tional hearings are not required to consider and incorporate such revisions. 3. Chapter 17.30 sets forth specific minimum off-street parking requirements for new, expanded or changed uses. Those requirements for the proposed revised plans are as follows: 15 motel units @ 1 space per unit 15 spaces 1 permanent residential unit for managerl.5 spaces 1900 sq, ft. retail shops @ 1 space per 300 sq. ft. 6.3 spaces 1000 sq. ft. restaurant @ 1 space per 1001Ðqspâces Subtotal 32.8 spaces Reduced to 70% (if found contributing by HBC$paces Credi t for restoration of on-street spaces ( 3 X 2) -6.0 spaces Total minimum requirement 17 spaces In view of the existing parking congestion in the vicinity and the specific combination of uses proposed, provision of the minimum off-street parking would likely prove to be inadequate. The downtown location of the James Swan Hotel allows guests to visit downtown shops and other attractions on foot, leaving their cars at the hotel during tRe day as well as during the evening. Off-street spaces which might otherwise be available to shoppers or restaurant patrons are more likely to be occupied as a result. Restaurant parking demand typically occurs at peak meal times, rather than throughout the day, heightening overflow parking conditions. The location of the proposed off-street parking spaces--behind and underneath Building B--would be inconvenient for shoppers and restaurant patrons, increasing competition for available on-street parking spaces. If the minimum required off-street parking were provided, actual peak parking demands from the James Swan Hotel complex are likely to exceed the actual parking supply by 15-20 spaces. Conclusions: 1. 2. The increased parking demand from the proposed project as revised would substantially exceed available parking supply if the minimum off-street parking requirements are developed pursuant to Chapter 17.30 of the Port Townsend Municipal Code (PTMC). However, under the conditions prescribed below which require provision of more off-street parking spaces than the minimum requirements, the proposed expansion of the use of the subject property would not endanger the public health or safety nor create a nuisance; however, the parking impacts of the proposed project would add additional on-street parking demand. Given the limitations of available parking supply in the area, on-street parking congestion and shortages may be expected to increase. Under the particular parking demand and congestion circumstances of the subject property and vicinity, the requested revisions may be authorized if at least one off- street parking space is provided for each motel and hotel unit and one off-street space is provided for each 300 square feet of retail floor area and for each 100 square feet of restaurant floor area, reduced by the three on-street spaces to be restored on Water Street. These requirements are as follows: I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Cont. 15 motel units @ 1 space per unit 15 spaces 1 permanent residential unit for manager 1.5 spaces 1900 sq. ft. retail shops @ 1 space per 300 sq.6f~paces 1000 sq. ft. restaurant @ 1 space per 100 sq, fe.spaces Subtotal 33 spaces Reduction for restoration of 3 on-street space~ spaces Total required off-street parking 30 spaces 3. Condition No.1 of the Findings of Fact and Conclusions adopted on April 5, 1993, is hereby amended to read as follows: No more than sixteen (16) motel or hotel units shall be established on the subject property, provided that in the event one unit is occupied as the residence of the manager, no more than fifteen (15) motel or hotel units may be established. Retail floor area shall not exceed 1900 sq. ft. and restaurant space shall not exceed 1000 sq. ft., unl,ess the restaurant is deleted from the plans, in which case retail floor area may not exceed 4900 sq. ft. Thirty (30) off-street parking spaces shall be providE~d. In the event the resident managers unit is converted to a hotel unit, this off-street parking requirement may be reduced by one space. Each such parking space shall remain in common ownership and be freely and equally available to the current guests and patrons of the uses approved in this permit. No off-street parking spaces shall be restricted to or designated as reserved for any particular individual, group, business, use or for guests of any hotel or motel unit. All parking facilities must be clearly shown on submitted plans in full conformance with Chapter 17.30 of the PTMC. At least twenty- seven (27) parking spaces shall be provided on-site. All leases and covenants shall require that any and all employees of each and every owner or lessee of the premises shall be prohibited from parking in the Downtown Parking District during working hours. All required parking shall be provided on-site, except that the applicant may provide two (2) of the required off'-street parking spaces by payment of a fee-in-lieu as previously authorized by the City Council. In the event that one motel or hotel unit is to be used as the manager's residence, three (3) of the required off-street parking spaces may be provided by payment of a fee-in-lieu. If the applicant exercisles this option, prior to issuance of a building permit for any portion of Building B, a fee in lieu for two (2) or three (3) parking spaces, as determined above, shall be paid into the Parking Improvement Fund pursuant to Section 17.30.260 PTMC. The amount of said fee shall be $3,660 per parking space, or if the amount has not been paid wi thin one year of this deGision, the amount provided by ordinance in effect at the 'time of payment. Councilmember Sokol returned to the Chambers. Storm Water Projects. Stage 2. Mr Wheeler announced that the City has been notified that they have been chosen to apply for a puget Sound Water Quality Authority grant and requested authorization from Council to make the application. Councilmember Wolpin made a motion that the Council authorize the application process which was seconded by Councilmember Westerman and passed unanimously by voice vote. 419 420 MINUTES OF THE REGULAR SESSION OF' OCTOBER 4, 1993, Cont. NEW BUSINESS David Green Short Plat Approval (#9306-04). Mr Hildt reviewed the Findings and conclusions of the Planning Commission recommending approval of Short Plat Application No 9306-04. After discussion, Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and approve Short Plat No 9306-04 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Findings: 1. The applicant requests subdivision of Tax Lot 4 located in section 10, Township 30N, R1W, WM, within the City of Port Townsend. The site is located in the R-I zoning district, and is designated for single-family residential development in the 1981 Port Townsend Comprehensive Plan. The applicant owns all of Tax Lot 4; the abutting Block 247, Eisenbeis Addition; Lots 1,2,7,8 of Block 248, Eisenbeis Addition; all of vacated 6th Street from Cleveland Street to the subject site; the western one-half of vacated Wilson Street from the northern boundary of 6th Street to the southern boundary of Lot 2 of Block 248; and the eastern one- half of vacated Wilson street from the northern boundary of 6th Street to Sims Way/SR20. 2. 3. Subject Tax Lot 4 is triangular in shape and is bordered by Sims Way to the south and southeast; and Blocks 242 and 247 of the Eisenbeis Addition to the north and west respectively. Vacated Holcomb and Gise streets terminate at the northern border of the subject property, and vacated 6th Street terminates at the western boundary line. 4. Tax Lot 4 is approximately .83 acres in total land area. The applicant proposes to subdivide the property into three building sites. Lot 1 is proposed at 13,500 square feet in land area; Lot 2 is proposed at 10,500 square feet in land area; and Lot 3 is proposed at 12,800 square feet in land area. 5. Traffic counts on abutting Sims Way in 1990 found 990 and 900 vehicle trips respectively during peak hour traffic at the Sheridan Street and Port entrances onto Sims Way. The Washington State Department of Transportation estimated the average daily traffic on Sims Way at Hancock Street at 22,000 in 1988 and that number is expected to grow to 25,000 by the year 2010. 1993 traffic counts on Sims Way (at the nearby Sea Breeze Grocery) show an approximate average of 12,850 vehicle trips per day. The applicant originally proposed access to the subject site through the use of vacated Gise Street. 6. 7. Irwin Jones, legal counsel to the applicant, indicated during a phone conversation with city planning staff on Friday, August 27, 1993, that the applicant would revise the application to provide access to the site by way of vacated 6th Street from Cleveland Street. Mr. Jones stated that the proposal would be made with the understanding that revisions to the plat could be made within three years of preliminary plat approval. 8. The revised site plan was submitted on August 31,1993, by NTI Engineers, and proposed four al ternati ve access and water service proposals for the proposed subdivision. The locations of the proposed options for water services, and easement widths listed below were confirmed by planning staff by phone with Michael Anderson, NT!, on August 31, 1993: I I I I I I 9. 10. 11. 12. 13. 14. MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Cont:. A: Development of a 30-foot-wide access and utility easement on vacated Gise Street from 7th to 6th Streets. B: Development of a 30-foot-wide access and utility easement in vacated Wilson street from 7th to 6th Street; along with a 30-foot-wide access easement, and 20-foot-wide access road in vacated 6th Street from Wilson Street to the site. C: Development of a 30-foot-wide access and utility easement, and 20-foot-wide access road in vacated 6th Street from Cleveland Street to the site. D: Development of an access easement from Sims Way. No details were available on either the width or locat:ion of this proposed access easement, nor the location of the water easement. The road development proposal also includes the dedicat:ion of a 40-foot-wide access easement and 20-foot-wide T-turnaround located on the western portion of proposed Lots 1 and 2. The City Council passed Ordinance 1225 on January 20, 1948, which vacated Holcomb from 7th to SR20; Wilson from 7th to SR20; 5th from Cleveland to Tax Lot 4; and Gise from 7th to Tax Lot 4. Through subsequent real estate transactions, access easements for those portions of Wilson and Gise streets north of 6th Street have been established in favor of the abutting property owners. The applicant has not present:ed any documentation which establishes his legal right to use the access easements. If access is not available on Gise or Wilson streets, both Options A and B above are not feasible. Due to the lack of information provided for proposed op1:ion D, a thorough assessment of the proposal was not possible. However, preliminary discussions by planning staff with Washington state Department of Transportation indicat:e that access at this location would present significant public safety hazards and, if permitted, would require a carefully designed approach involving substantial re-grading of portions of the subject property and installation of a physical harrier preventing left turns to or from the property. If this option is pursued it may necessitate a reduction in the number of proposed lots or a possible denial of the subdivision. Option C proposes access to the site through use of vacated 6th Street which is owned by the applicant. A 20-foot-wide access road is indicated on the revised site plan dated 8/31/93. In a follow-up discussion by planning staff with the project engineer the proposal was described as also including a 30-foot-wide access easement. The 1981 Port Townsend Comprehensive Plan identifies Sims Way as a major arterial street, and also states that limited access provisions should be incorporated into 1:raffic circulation routes whenever possible. The subject property is located on the S-curves of Sims Way, and is located at a substantially higher elevation than the rolling surface of Sims Way. section 18.38.120(B) PTMC, Design Criteria for Roads, states that roads shall take into consideration existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of land served; road grades, curves, and intersections shall provide adequate sight distances :Eor 421 422 15. 16. 17. 18. 19. 20. 21. 22. MINUTES OF THE REGULAR SESSION OF' OCTOBER 4, 1993, Cont. traffic safety; and shall incorporate limited access provisions where they are adjacEmt to arterial or collector roads. The city council adopted the Port Townsend Gateway Development Plan on August 2, 1993. The plan recommends a second westbound climbing lane for heavier vehicles on the "S-curves" of Sims Way/SR20 adjacent to the subject property. Chapter 18.38.130(A) PTMC provides that private roads providing access to or within a short subdivision having four or fewer lots or tracts are not required to be constructed prior to final plat approval. Section 18.38.120 PTMC provides for the establishment of drainage easements conforming substantially with the alignment of the watercourse and an adequate width for maintenance and erosion control purposes. The Public Works Director has reviewed proposed option C and has stated that a minimum easement of 38 feet would be required. This easement width would provide for a 20-foot- wide access road, two 5-foot-wide drainage ditches and two 4- foot-wide shoulders. No on-street parking shoulders would be required along the access road wi thin vacated 6th Street. However, within the access easement within Tax Lot 4, adjacent to the proposed new building sites, a 20-foot wide access road and an 8-foot-wide parking shoulder would be required. Vehicle access easements, parking shoulders and the T turnaround would provide for safe access to the site for fire, garbage and other large vehicles, as well as routine residential traffic. In addition, drainage ditches would provide for the proper conveyance of the stormwater runoff which currently exists in the area, and which would be increased by the increased amount of impervious surfaces in the area. No drainage plans have been received for the proposed subdi vision. The City Engineer has stated that in addition to the necessary drainage ditches along vacated 6th Street, an additional 15-foot-wide drainage conveyance easement would be necessary along the northern border of Lot 1. This 15-foot- wide easement, along with a 38-foot-wide easement within vacated 6th Street, was determined to adequately provide for drainage facilities for all proposed developed surfaces and upstream and downstream flows. However, it wil1 be necessary to establish a completed, engineered drainage plan prior to final plat approval which provides a specific plan for stormwater in the easement area and establishes feasibility of on-site infiltration for each of the proposed new building sites. The applicant proposes to connect to an existing 8-inch interceptor sewer line which is located in the western portion of the subject site to provide sewer service to the proposed new lots. The line is located wi thin an existing 10-foot-wide utilities easement. Although Subsection 18.38.120(D) PTMC currently provides for a 10-foot-wide access easement, the sewer superintendent has stated that a minimum of a 15-foot- wide sewer easement is necessary to provide maintenance to the line. The applicant proposes to install a fire hydrant at the northwest corner of subject Tax Lot 4. The Fire Chief has reviewed the proposed access and fire hydrant location plan as presented in Option C. He has approved the hydrant location, but was unable to approve the access plan because turning radii are not indicated. I I I I I I 23. 24. 25. 26. 27. 28. 29. MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Cont. Under option C listed above, the applicant proposes to install a 6-inch water main from Cleveland Street to subject ~rax Lot 4. The Public Works Director has indicated that the applicant must install the 6-inch water main as indicated on the revised preliminary plat .dated 8/31/93. section 18.38.130 PTMC provides that all utilitiies and fixtures shall be installed within the roadway prior to final short subdivision approval. Chapter 18.38 PTMC requires subdivided lots to be a minimum of 7,200 square feet in lot size. Chapter 18 PTMC also provides that subdivisions of four or fewer lots need not provide electric or phone facilities. State law requires that short subdivisions provide lot numbering and house numbering systems prior to final plat approval. Ti tIe 17 PTMC sets forth residentially zoned properties. requirements for setback The City has received several letters from neighboring property owners stating their objections to the proposed plat. Most of the letters raise objections to proposed options A and B, listed above, stating that the applicant has no legal right of access across vacated Gise and Wilson streets from 7th Street. Other points raised in the letters include the specific location of the site in question; adjacent properties owned by the applicant; proposed lot sizes; and drainage concerns. Conclusions: 1. 2. 3. 4. Because the applicant has not been able to establish a legal right to access across Gise or Wilson streets from 7th Street (Proposed Option A and B) ; and because fundamental information, such as size and placement of the proposed easement and water line, on proposed Option D have not been presented for consideration, and due to topography and public safety concerns related to proposed Option D; only Option C remains for reasonable consideration for subdivision. Under the conditions prescribed below, all the proposl~d lots would conform with applicable zoning regulations set forth in Title 17 (zoning) of the PTMC. Under the conditions prescribed below, the design, shape, size and orientation of the proposed new lots would be appropriate to the proposed residential use of the lots; would be in character with the area in which they would be 10catE~d; and would conform to the minimum lot size requirements spE~cified in Chapter 18 PTMC. Under the conditions prescribed below, the proposed plat would provide for anticipated traffic patterns, topographic and drainage conditions, public convenience and safety. Based on the foregoing findings of fact and conclusions, the City Council hereby approves the requested preliminary short plat as conditioned: Conditions: 1. Vehicular and pedestrian access to the three-lot subdivision shall be from Cleveland Street by way of private access easement in vacated 6th street. No vehicular access shall be opened directly onto Sims Way/SR20. 423 42'4 10. 11. 12. MINUTES OF THE REGULAR SESSION OF OCTOBER 4,1993, Cont. 2. Prior to final plat approval, the applicant shall provide a 38-foot-wide, private, non-exclusive, access easement in favor of proposed Lots 1, 2 and 3 within vacated 6th street. The easement shall establish the right of the City to maintain the city water main established within the easement. 3. Prior to final plat approval, the applicant shall submit a agreement for the maintenance and repair of the private access easement. The agreement shall be referenced on the face of the plat and shall be approved by the Planning and Building Director and the City Attorney prior to recording at the Jefferson County Auditor's Office. 4. A second private access and utility easement shall be provided prior to final plat approval which describes the access and T turnaround as illustrated on the revised Preliminary Plat dated 8/31/93, and provides for water service lines from the location of city water meters. This easement shall also establish the right of the city to maintain the fire hydrant and 6-inch water main line supplying water to the hydrant as is illustrated on the revised preliminary plat dated 8/31/93. 5. A third easement, 15 feet in width, shall be preserved for possible future drainage facilities along the northern boundary of proposed Lot 1. 6. The applicant shall coordinate with the appropriate private utilities for the location of any additional easements that may become necessary. 7. A 6-inch water main shall be installed in 6th street from Cleveland Street to Tax Lot 4 prior to final plat approval. A fire hydrant shall be installed by the applicant in conformance with city specifications and the Uniform Fire Code, and shall be located as specified on the revised preliminary plat dated 8/31/93. 8. 9. All required street improvements shall be made prior to final inspection of buildings subject to any building permits on the subject sites. a. A 20-foot-wide access road; two 4-foot-wide shoulders; and drainage ditches as approved by the Public Works Director must be installed in vacated 6th Street. b. A 20-foot-wide, 75-foot-Iong T turnaround; 20-foot-wide access road and 8-foot-wide parking strip, and drainage ditches as approved by the Public Works Director must be installed on Lots 1 and 2 as illustrated on the revised preliminary plat dated 8/31/93. A final engineered drainage, utility, and road construction plan shall be submitted and approved by the Public Works Director prior to final plat approval. All roadway turning radii shall be consistent with the Uniform Fire Code and approved by the Fire Chief. Drainage facilities shall accommodate impervious surfaces created by the development, existing upstream flows, resulting downstream flows, and shall be designed to be consistent with current City Standards. Any substantial revisions to the plat shall be considered by the Planning Commission, and if deemed necessary by the Commission a public hearing shall be scheduled to address any proposed revisions. Any proposed changes in access shall be considered a substantial change and shall require further public hearing. For purposes of setback interpretations Sims Way/SR20 shall be considered the "front"; and in the case of Lots 1 and 2 the I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOßER 4, 1993, Cont. access easement shall be considered the rear lot line; in the case of Lot 3 no rear setback would exist but a 10-foot side setback would be required from the access easement to the north. 13. In conformance with state law, the applicant shall work with the Building Department to establish street addresses for the new lots. New addresses shall be assigned prior to approval of the final plat. 14. A final plat survey shall be prepared and submitted to the ci ty for review wi thin three years of the approval of the preliminary plat. The applicant shall closely follow the requirements set forth in Chapter 18.38 PTMC. Mr McLerran left at this time. Resolution opposing Initiatives 601 and 602 (For Introduction). Councilmember Wolpin made a motion that a resolution in opposition to Initiatives 601 and 602 be written for adoption at the next Councilmeeting which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Authorization for Summit Communications to Televise City council Meetings. Lee Denniher, Manager, Summi t Communications was recognized and requested authorization to televise the City council meetings by tape delay and show it on the Tuesday aft.er the meeting. After the system is rebuilt, they would be telecast live and would include County and commission meetings. After discussion of any cost, lighting, coverage with one camera, and when i.t would start, availability of tapes, it was the consensus of Council that this be done. Skookum Jump Rope Sponsorship. Councilmembers Camfield and Wolpin left the Chambers. Bart Phillips, EDC, was recognized and explained the request for sponsorship for a Skookum Jump Rope Coastal Revolving Loan Application. Jim Westall, Pre::;ident, Skookum Jump Rope, explained that when they absorbed Bayshore Enterprises, they took on a debt and that this is an effort to refinance to a lower term. Councilmember Sokol made a motion that the Council approve the sponsorship which was seconded by Councilmember Westerman and passed unanimously by voice vo'te. Councilmembers Camfield and Wolpin returned to the Chamber::;. MAYOR'S REPORT Mayor Clise announced that the City Attorney's office is now located at 823 Water Street above Holly's Flowers. Mayor Clise announced that he has asked Councilmember Sokol to represent the City on the Law and Justice Council which meets monthly and that he has accepted. PROCLAMATION Mayor Clise proclaimed the month of October, 1993, as Port Townsend Walks Against Aids month. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. Councilmember Westerman reported that the Committee had met and discussed the parking or no parking area in front of the Rose Theater as well as the informal parking area behind the Back Alley. A sign will be ordered that will ,explain when there is no parking for fire access in front of the "theater and that cars parked illegally will not be ticketed but 'iill be towed. The parking behind the Back Alley will be addressed at a 425 426 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993, Cont. Main Street meeting that will be a"ttended by the Mayor and a Councilmember as there are several owners of the property. A brief discussion of the signage ensued. Tourism Coordinating Council. Heal th Board and Commi ttee Prioritizing Health Needs. Councilmember Owsley reported that she had attended meetings of these committees: the Tourism Coordinating Council is working on their 1994 budget, the Health Board is turning the Hadlock Center over to the Coyote Foundation to manage and is discussing the high incidence of teenage pregnancy (the highest rise in the State) and is going to apply for a grant to work on that, and the committee prioritizing Health Department needs and what they should address is continuing longer than first expected. Public Works. Mr Wheeler reported that there is a meeting on October 5, 1993, with the Department of Health to discuss the Coordinated Water System Plan and noted an article copied to Council from "Waterweek" regarding the City of Aberdeen trying to avoid water filtration. COUNCILMEMBERS GENERAL DISCUSSION Political Siqns. A brief discussion of complaints about large political signs during which Mr Hildt explained that we are unable to enforce the sign code particularly to political signs. Signs that exceed size or height limits allowed in a zone for other kinds of signs can be regulated and that the signs must be removed ten days after the election. Appreciation for those candidates who are voluntarily obeying the sign code was noted. Independence of Commissions. Discussion of the independence of appointed commissions and cooperation between the City and County ensued. Committee Membership. A brief discussion of a list of Committees and those serving on them and a "Thank you for serving" from the Mayor to be published in "The Leader" ensued. Rhododendron Festival Funding. A brief discussion of funds to the Rhododendron Festival and the letter written by the County Commissioners ensued. ADJOURNMENT There being no further adjourned at 10:40 PM. Clis declared the meeting , Attest: ßA~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 18, 1993 The City Council of the City of Port Townsend met in regular session this Eighteenth day of October, 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 I I I