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HomeMy WebLinkAbout12/06/1993 MINUTES OF THE REGULAR SESSION OF NOVEMBER 15, 1993, Cont. 4'" I I I water pre-commitment ordinance. Also automated library network contracts and agreements, as well as enforcement and litigation matters. Public Works. Mr Wheeler reported on the progress of the Pope Marine Building, notification that the Water Advisory Committee has received the 1993 Hood Canal Environmental Achievement Award, the schedule of the Agreed Order for avoidance of filtration with the Department of Health, the Biosolids Composting Facility, and the Waste Water Treatment Facility landscaping. Library. Ms Silverblatt reported on the automation project at the Library and the interlocal agreement with the Urban Library District. Clerk-Treasurer. Mr Grove reminded council that they have a week to prepare for the first 1994 Preliminary Budget Hearing and explained the color coding of the document and that there will be an executive summary prepared by the end of the week. Mr Grove also confirmed that the Councilmembers-elect have received complete Council packets. COUNCILMEMBERS GENERAL DISCUSSION A brief discussion of a hearing for the Substantial Development Permit for Doug Lamy set before the Jefferson/Port Townsend Shoreline Management Advisory Commission on December 15, 1993, ensued. During this discussion, it was also confirmed that there was an advertisement in the Leader for Shoreline Commission members for the City. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate and contract negotiations including Dennis McLerran, Michael Hildt and Robert Wheeler at 9:05 PM.. The meeting was reconvened at 9:35 PM. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 9:35 PM. Mayor Attest: Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993 The City Council of the city of Port Townsend met. in regular session this sixth day of December, 1993, at 7:00 PM ln the Port Townsend High School Auditorium, Mayor John M Clise presiding. ROLL CALL councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch Norma Owsley, Robert Sokol, Sheila Westerman and , . cindy Wolpin. Also present were Clerk-Treasurer Davld Grove, 4b2. MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 199~,--Co~t-. Police Chief Jim Newton, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PRESENTATION councilmember McCulloch presented an Environmental Achievement Award from the Hood Canal coordinating Council to Mayor Clise for work done by the City of Port Townsend Water Advisory Committee. PUBLIC COMMENTS Orabelle Connally, Member of the Board of Trustees, Port Townsend Library, but speaking for herself, was recognized and requested that the Finance Committee restore the 1994 Library Budget to the level of Mayor Clise's recommendation. Nick Reid, representing a group of neighbors, was recognized and proposed that six acres of land slated to be sold as surplus by Jefferson County near umatilla street be transferred to the City for a sports/play field and presented a petition with 27 signatures in support of this. Carol cahill, representing the Library Staff, was recognized and spoke in favor of the Port Townsend Library Board I s request to bring library wages up to equity to the 1993 levels. Bob Polishuk was recognized and urged approval of the Library budget as submitted. Loren Corney was recognized and stated concern for money being spent on a park when the Library has more pressing concerns. Bill Nelson was recognized and spoke in favor of equity pay for the Library. Jean Tenenbaum was recognized and spoke in favor of the submitted Library budget and no cut in hours the Library is open. Rusty North was recognized and spoke in favor of the services provided by the Library and encouraged support of it. Byron Ruby was recognized and spoke in favor of the Library budget as submitted and suggested that the funds for an Administrative Assistant in city Hall be transferred to the Library. Margaret Lee was recognized and spoke in favor of the Library budget as submitted. Bonzo DeLeo was recognized and spoke in favor of better communication between the city and the citizens especially during budget preparation, street repair, street signs and several other concerns. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. Approval of the Minutes for october 18 and 25, 1993, as written without reading. Approval of the following Bills and Claims: Current Expense Street Library $ 58,857~29 5,160.74 6,883.10 .- -- I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. Park Arterial Street Hotel/Motel Emergency Medical Services Waste Water Treatment Plant Const '93 Water Quality Improvements '93 G 0 Bond Project Water-Sewer Storm and Surface Water Equipment Rental Total 2,719.10 650.00 5,003.50 1,690.59 344.646.17 3,095.63 47,925.85 44,932.15 4,949.78 5.467.30 $ 531,981.20 Setting Hearings: Department of Health modified agreed order for December 20, 1993. James Swan Substantial December 10, 1993. Shoreline Permit Development for Johnson Variance Application #9310-09 for January 17, 1994. Adoption of Resolutions: RESOLUTION NO 93-130 A RESOLUTION AUTHORIZING THE MAYOR TO DIRECT THE CLERK/TREASURER TO DECLARE THE GRAVEL SCREEN SURPLUS AND TO TRANSFER OWNERSHIP TO JEFFERSON COUNTY. RESOLUTION NO 93-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO BID FOR EQUIPMENT PURCHASES FOR THE BIOSOLIDS/ COMPOSTING FACILITY SITE. Approvals: Taxicab Rates for Douglass Eaton doing business as Peninsula Taxi, Inc Side-Sewer Contractor's License for Centerline Construction Company Inc Communications: A letter dated November 3, 1993, from M Haas requesting work to be done on the roads in the City was copied for Council and referred to the Street/Storm Drainage/Light Committee. A letter dated November 4, 1993, from Virginia Kime encouraging purchase of (or swap for) surplus property off 35th Street from Jefferson for a future neighborhood park was copied for Council and referred to the Parks/Property Committee. A letter dated November 4, 1993, from Carol Bunthal encouraging purchase of (or swap for) surplus property off 35th Street from Jefferson for a future neighborhood park was copied for Council and referred to the Parks/Property Committee. A letter dated November 12,1993, from U S Senator Slade Gorton to give an update on the issue of unfunded federal mandates was copied for Council. A petition dated November 12,1993, signed by 44 citizens speaking out against crime was copied for Council and referred to the Police/Fire Committee. 463 464 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. A letter dated November 15,1993, from Michael Atkins, Director of Solid Waste Education, Skookum, introducing himself was copied for Council. A memorandum dated November 16, 1993, from Darlene Bloomfield, Planner, regarding a land swap proposal from Pete Sofie was copied for Council and referred to the Parks/Property ComInittee. A letter dated November 23,1993, from Robert Wheeler to Gary Rowe, Public Works Director, Jefferson County, requesting that future policy discussions with SWAC allow enough advance time so that prior discussion will be feasible with City Council was copied for Council. A letter dated November 23, 1993, from Cheryl Bergener, Program Manager, Waterworks certification Board, Washington State Department of Health, announcing that a Certificate of Competency to G A Ian Jablonski as a Water Treatment Planter Operator - In Training and Richard J Kiesel as a Water Distribution Manager 2 was copied for Council. A letter dated November .24, 1993, from Tim Bristow, Governor's Timber Coordinator, announcing a briefing on the status of the Federal Economic Adjustment Initiative for the Pacific Northwest and Northern California to be held during December was copied for Council. A letter dated November 24, 1993, from Hank Sukert requesting 20 minutes to speak at the Budget Hearing was copied for Council. A letter dated November 30, 1993, from Robert and Susan Carswell stating concerns for the continuing increase in taxes and the rates of every necessity was copied for Council. A letter dated December 1, 1993, from James E Engle, Water Superintendent to Mrs and Mrs Robert Koenig regarding their concerns about the 2" water tap serving their commercial laundry and car wash was copied for Council. A letter dated December 6,1993, from Terry Berge thanking Council for eliminating the proposed gambling tax from the proposed 1994 Budget. This concludes the Consent Agenda. PUBLIC HEARINGS Ordinance Establishing System Development Charges (Impact Fees). Ordinance Increasing Water and Sewer Rates. Ordinance Increasing Utility Fees and Charges. Mayor Clise announced that the Public Hearings for the above ordinances will be held together. Mr Wheeler gave a brief history of the ordinances and then introduced Bob Wubbena, Economic Engineering Services, Rate Consultant, who explained the rate increases, fee structures and the requirements for them. Mayor Clise opened the hearing to the Public. Earl Fisher was recognized and spoke about his concerns for the storm Drainage Fund and questioned where the funds have been spent as well as his concerns for the budget. Vi Koenig was recognized and spoke against the rate increase for the water and sewer and stated that this raise is devastating to her laundromat and car wash business. Ms Koenig also spoke against impact fees, stating that no one will be able to build in the City. Paula Mackrow was recognized and spoke in support of the fees and increases stating it is about time that the City took care of the infrastructure. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Richard Jevne was recognized and spoke for better City management and opposed the water and rate increases. Byron Ruby was recognized and spoke about the water, sewer and storm sewer budgets opposing the increases proposed. Bonzo DeLeo was recognized and spoke in favor of a discount or some consideration for families with low incomes as well as senior citizens. Terri Choate was recognized and spoke in favor or starting public hearings on the budget in mid-year instead of at thl~ end of the year and requested cutting expenses rather that raising rates. Greg Bennett was recognized and stated that he feels laundromats should be given a low income discount, realizes that there was no future planning with the rates and impact fees before and spoke in favor of them. Denny LaVigne was recognized and questioned why our city is the lead city as far as rates are concerned, spoke in favor of an earlier budget process, what is the criteria for rate increases, questioned the sprinkler system in the Golf Course Re!staurant, an inventory of City property and policy on control, and requested more time to review the budget item by item. Loren Corney was recognized and questioned impact fees stating that builders are putting in new lines, fire hydrants, and manhole covers. Mr Corney stated that even if no one moved here in three or four years we would still have to upgrade the system. Mr Corney also stated that we must make sure that impact fees arE~ spent where they are meant for and not streets or other projects. Bernie Arthur was recognized and suggested that other water districts share in the cost of the water quality testing lab and stated concerns about the use and practicability of impact fees. John Carson was recognized and requested clarification of the discounts offered on the utility rates and stated that he is opposed to the proposed raise in rates. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. Mr Wheeler explained the present discounts for low income, senior citizen and citizens of differing ability. Further discussion of discounts for indi vidual and commercial accounts, incl uding Mr ]~cLerran, Mr Grove, Mr Wheeler and Mr Wubbena, the use of funds in the storm Drainage Fund, the 1993 Utility Rate Survey done by the City Engineers Association of Washington, impact fees and their purpose, the budget process, rate consultant fees, water quali t:y laboratory testing, inventory of vehicles, equipment and assets of the utility, accounting practices for the utilities and the rest of the ci ty , comments on unfunded State and Federal mandates, system development charges and the true cost of expanding the water system, the standpipe project, and the stormwater management system, ensued. ORDINANCE NO 2380 AN ORDINANCE ESTABLISHING A SYSTEM DEVELOPMENT CHARGE UPON OWNER'S OF PROPERTY NE~1LY CONNECTING TO THE CITY'S WATER AND SEWER SYSTEMS AND CREATING A NEW CHAPTER 13.26 OF THE PORT TOWNSEND MUNICIPAL CODE. Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the se,cond and the third be by title only which was seconded by Council~lember Owsley 465 466 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2380 which was seconded by Councilmember Owsley. After a brief discussion, the motion passed by roll call vote with five councilmembers voting in the affirmative and Councilmembers Sokol and Westerman voting against the ordinance. ORDINANCE NO 2381 AN ORDINANCE INCREASING THE RATES FOR WATER SERVICE FOR THE CITY BY AMENDING 13.12.220 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 1994. Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. Mr Grove again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No 2381 which was seconded by Councilmember McCulloch and passed by roll call vote with five Councilmembers voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. ORDINANCE NO 2382 AN ORDINANCE INCREASING THE RATES FOR WASTEWATER SERVICE FOR THE CITY BY AMENDING SECTION 13.04.030 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 1994. Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman and passed by voice vote with six Councilmembers 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 2382 which was seconded by Councilmember Westerman and passed by roll call vote with five Councilmembers voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. ORDINANCE NO 2383 AN ORDINANCE INCREASING CERTAIN FEES AND CHARGES FOR SERVICES OF THE DEPARTMENT OF PUBLIC WORKS BY AMENDING SECTION 3.36.020 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 1994. Mr Grove read the ordinance by title. Councilmember Wolpin made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2383 which was seconded by Councilmember Camfield. After a brief discussion, the motion passed unanimously by roll call vote. RECESS Mayor Clise declared a recess at 10:48 PM. at 10:53 PM. The meeting reconvened I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. PUBLIC HEARINGS RoseWind Planned Unit Development and Street Vacation. Council- member Wolpin left the auditorium. Mr Hildt reviewE~d the draft findings and conclusions for the planned unit development, the street vacation and draft property and development agreement with accompanying resolution. Mayor Clise opened the hearing to the Public. Robert Costain, speaking for himself and other family members, was recognized and spoke in opposition to the street vacation citing concerns that he will lose access to sewer lines. Bjorn Lunde, speaking for RoseWind, was recognized and stated that an 8-inch sewer line is proposed to be in 33rd and PettygrovE~ which would give access to neighboring properties. A brief discussion including Mr Costain, Mr Lunde and Mr Hildt of public right-,of-way for utilities ensued. Pam Whelan was recognized and stated that she does not want Pettygrove between 35th to 33rd vacated. It was confirmed that this area will not be vacated. ThE!re being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. After discussion of the height and use of a tower including Mr Lunde, and street improvements ensued. Councilmember Westerman made a motion that paragraph 2 be deleted on N2, page 11, of the MDNS which was seconded by Councilmember Sokol and passed unanimomÜy by voice vote. Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and grant Planned Unit Development Application No 9106-04 -RoseWind Co-Housing as amended which was seconded by Councilmember McCulloch and passed by voice vote with five Councilmembers voting in the affirmative and Councilmember Owsley voting against the motion. Findings: 1. The applicants, RoseWind, a non-profit mutual benefit corporation, propose to develop a Planned Unit Development (PUD) consisting of up to 26 dwelling units found in a variety of housing types: a "Common House" communi ty cen"ter: a commercial lot: and dedicated common lands. The proposed PUD would allow creation of a. "cohousing neighborhood" to be planned and managed by the re!sidents with privately owned lots and residences with certain shared land and facilities held in common. 2. RoseWind also plans to construct a variety of future, unspecified accessory structures within the boundaries of the common lands. Anticipated structures may be for such uses as laundry, a bath house, sanctuary, agricultural buildings, storage, workshops (e.g., pottery, carpentry, stained glass, community car repair, etc.), food preparation, child care, playground, sports, gazebo, or greenhouse. 3. The subject property is located in the central valley of the city of Port Townsend on approximately eight acres (352,492 square feet) of undeveloped land bounded on the north by 35th Street, on the south by Umatilla Avem,le, on the east by McNeill Street, and on the west by Landes Street. The site is more fully described in the ilLegal Description of Property" as Exhibit A. 4. The subject application is administered under Ti t:le 17 of the Port Townsend Municipal Code (PTMC). 5. The Port Townsend Comprehensive Plan provides specific direction in regards to addressing innovative projects. Chapter 6 (Goals and Policies: Housing and Residential Development), Policy 7 states: 467 468 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. "Innovative residential development with respect to archi tectural and structural design, utility systems and site layout is encouraged. Codes and standards should contain sufficient flexibility to permit innovation and experimentation." In addition, Chapter 6, Policy 6, specifically addresses Planned unit Developments: "A mixture of various types and densities of residential dwellings is encouraged, particularly in planned unit developments." 6. The applicant has submitted a petition dated May 28,1991, to amend the official zoning map of Port Townsend by the overlaying of a PUD pursuant to Chapter 17.40 PTMC. These Findings and Conclusions are based on this application (Exhibi t B); the Findings and Conclusions of the Planning Commission dated June 25, 1993 (Exhibit G); the revised PUD site plan dated November 22,1993 (Exhibit C); together with public testimony received and the supplemental information included in the following attached exhibits: Exhibit A Legal Description of Property dated November 22, 1993. Exhibit B Planned Unit Development application dated June 11, 1991. Exhibit C Planned Unit Development site Plan and Plan of Roads, Parking and Paths, dated November 22,1993. Exhibi t D site Plan showing setbacks, revised November 22, 1993. Exhibit E RoseWind Master Transportation Plan as revised July 10, 1992. Exhibit F Determination of Nonsignificance and Lead Agency Status, dated May 18, ,1992. Exhibit G Findings and Conclusions of commission, dated June 25,1992. Exhibit H sanitary Sewer Plan, as revised November 22,1993. Exhibit I Sanitary Sewer Profile and Details, as revised October 26, 1993. J Water System Plan, dated May 8, 1992. K Water Line Details, dated May 8, 1992. L Drainage Plan, as revised November 22,1993. M Plan of Proposed street Vacations & Dedications as revised November 22, 1993. Exhibit N Project Requirements / Approval prepared by the Port Townsend Public Works Department dated June 25, 1992. Exhibit 0 Memorandum from Planning and Building Director Michael Hildt,dated November 30, 1993, summarizing the results of a meeting with city Public Works and Fire Department officials to update RoseWind project requirements. Exhibi t P Master Declaration of Covenants, Condi tions and Restrictions of Record of RoseWind CoHousing Association, dated May 11, 1992. Exhibit Q RoseWind Bylaws dated May 11, 1992. the Planning Exhibit Exhibit Exhibit Exhibit 7. The subject property is located in an R-IA Zoning District, single-family residential with agricultural uses allowed. The surrounding property is also zoned R-IA, and the site is surrounded by single-family residential development. 8. The proposed land uses for the RoseWind PUD are as follows: 19 private single-family lots of approximately 5,000 square feet each I I I I I I 9. 10. 11. 12. MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. 7 multi-family residential units in a building or buildings on a reserved site of 18,000 square feet 1 common house lot of approximately 9,000 square feet 1 commercial lot of approximately 7,600 square feet reserved for certain limited cottage-industry-type commercial uses Common land of approximately 4 acres Total site: 16.5 % Coverage by Buildings 7.0 % Paved Areas 76.5 % Open Space Total Impervious Surface: 82,150 sq. ft. approx. 19 single-family residential lots are proposed of approximately 5,000 square feet each. In addition, 7 multi- family dwelling units are proposed to be constructed on an additional lot. Taken together, the residential density of the proposed development would be approximately 3.3 dwelling units per acre. The current R-IA zoning district permits singIE!-family dwelling units to be developed on pre-platted lots of 5,000 square-feet in area. As currently platted, 55 residential lots are available for development wi i:hin the project area. This would result in an overall residential density of approximately 6.9 dwelling uni'ts per acre. The applicant proposes 51 off-street parking spaces for the development. The parking requirements of the zoning code, Ch 17.30 PTMC, require 2 off-street parking spaces for each single family residence, or 38 total spaces, and 1..5 off- street parking spaces per multi-family housing unit, or 11 spaces. The proposed parking areas would be located in close proximity to the lots served (Exhibit C). The application incorporates vacation of port~ions of the Woodland Avenue, 32nd, 33rd, Pettygrove, and Haines streets rights-of-way and the dedication of portions of several lots as indicated on the plan of "Vacations/Dedications" (Exhibit M). The total area of the street areas proposed -to be vacated is approximately 18,384 square feet. The street vacation request is considered under a separate application, street Vacation Application 9106-04. The application incorporates dedication by the applicants of portions of the following properties for public rights-of-way: Note: The following dedications are also shown on the plan of "Vacations/Dedications" (Exhibit M). a. The westerly 5-feet of Lots 4 & 5, Block 9, H.L. Tibbal Jr.'s 2nd Addition. The easterly 25-feet of Lot 1, Block 9, H.L. Tibbal Jr.'s 2nd Addition. (Previously proposed dedication parcel C is no longer included. ) A 20-foot wide portion of Lots 3 & 4, Block 3, and Lots 1 & 8, Block 4, H. L. Tibbal Jr.'s 2nd Addi 1:ion. The northerly 50 feet of Lot 11, Block 4, Littlefield's Addition. The easterly 10-feet of Lots 1 & 2, Block 3, Littlefield's Addition. (Previously proposed dedication parcel G is no longer included. ) An diagonal, 15-foot-wide portion of Lots 5,6, & 7, and a diagonal portion of the westerly 75' of Lot 8, all in Block 4, H.L. Tibbal Jr.'s 2nd Addition. b. c. d. e. f. g. h. 469 470 13. 14. 15. 16. 17. 18. MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. i. The westerly 20' portion of Lot 4, Block 3, Littlefield's Addition, less the northerly 30' of said portion. The proposed PUD is projected to generate approximately 277 average daily trips (ADT) based on the Institute of Traffic Engineers (ITE) Trip Generation Manual, 5th Edition. This ADT is based on Code 210 (Residential - single-family detached houses) of the ITE manual, which states that each single- family unit would generate an estimated 9.55 trips daily; on Code 220 (Apartment) which states that each of the 7 multi- family units would generate an estimated 6.47 trips daily; and an estimated 50 additional ADT expected to be generated by commercial activities. The proposed PUD will contribute to cumulative impacts upon the transportation system which are documented in the RoseWind Master Transportation Plan (RMTP) (Exhibit E). The proposed project traffic is expected to increase travel on umatilla and San Juan Avenue as well as on 35th Street. Existing traffic hazards are present at the intersections of 35th and San Juan, and umatilla and San Juan. These hazards will be further impacted by the additional traffic generated by the proposal. Trips generated by the proposed project will utilize existing routes to San Juan Avenue through the adjacent street network. This will impact the existing property owners by increasing traffic noise levels, and the potential for accidents. The applicants propose to develop 35th Street to address many of these concerns. The proposed PUD will increase the amount of pedestrian activity along 35th Street and umatilla Avenue from the project site to San Juan Avenue. No pedestrian path, sidewalk or walkway currently exists along this corridor, causing neighborhood residents to walk in the roadway. The applicants propose to establish a pedestrian pathway system within the proposed project boundary. The proposed pathways would follow undeveloped and unopened street rights- of-way within the project area (Exhibit C). These pathways would be developed by the applicant. The nearest access to the City's sanitary sewer system is in the Umatilla Avenue Right-of-way. The applicants propose to connect to the underground sanitary sewer lines as indicated on the RoseWind Sewer Plan (Exhibit H). The nearest access to the City's water system is in the Woodland Avenue and 33rd Street rights-of-way. The applicants propose to connect to the existing lines as indicated on the RoseWind Water System Plan (Exhibit J). Many of the proposed RoseWind lots are overlaid on existing platted, buildable lots. This is the case for proposed RoseWind Lot 2, on which Doug and Nancy Milholland have recently constructed their home. The Milholland's have installed a septic system to serve their lot which includes the use of the adjacent proposed RoseWind Lot 1 for the required reserve drain field serving proposed RoseWind Lot 2. Consequently, proposed RoseWind Lot 1 may not be developed until such time as the planned sewer line is constructed to serve both RoseWind Lots 1 and 2, at which time the drain fields may be abandoned. The Milhollands propose to connect their house to the proposed sewer line no later than December 31,1998. I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. 19. The applicants propose to provide the required infrastructure improvements (sewer, water, roads and drainage) for RoseWind on a phased basis as construction is initiated in each of six districts. It is anticipated that development :may occur in anyone or several or all of these divisions at the same time. These divisions, based on the specific street improvements required to serve each group of proposed lots, arE~ as follows: I DIVISION LOTS STREETS 1 1,2,4,5&6 35th Street, Kuhn Street 2 3,7,8,9,10 & 35th Street, Haines Street, 11 33rd Street 3 12,13,14,16 & Woodland Avenue 17 4 15 & 28 Haines Street 5 18,19 & 27 Fire lane for Lot 19 I 20 through 26 Landes Street and Woodland Avenue The applicant proposes that water, sewer, and ballasted (gravel) roads to serve each division be constructed and approved by the Director of Public Works prior to issuance of any building permits wi thin that division. The applicant further proposes that the persons or parties obtaining the first four building pE!rmits within any given division shall place in escrow monies equal to one-fifth of the estimated cost to pave the streets serving that division. Upon issuance of the fifth building permit within a division, RoseWind will pave the streets serving that division, drawing funds from the escrow account for that purpose. The following exceptions are proposed: 6 Division 2: The applicant proposes that buildings constructed on Lot 3 be required to install a fire department approved sprinkler system, thereby eliminating the need to develop Pettygrove Street or a vehicle turnaround at pettygrove and 33rd streets for fire equipment access purposes. Di visions 4 and 5: The applicant proposes that the streets in Divisions 4 & 5, specifically the fire lane serving Lot 19 and the portion of Haines Street extending north from Umatilla Avenue to serve Lots 15 and 28, would not be required to be paved due to the short length of these streets and that they would serve no more than two lots. Paving is proposed to be scheduled by RoseWind after installation of underground utilities to avoid digging up streets after final surfacing. I The proposed RoseWind Walk is proposed to be constructed by RoseWind within nine months of the installation of those underground water and sewer improvements which must underlie the pathway. The paths on 35th street and Umatilla Avenue which are included in the mitigation measures (see Mi tigated DetE~rmination of NonSignificance, May 18, 1992) are proposed to be coRlpleted prior to issuance of the fifth building permit served by the corresponding street. 20. An environmental checklist pursuant to the Washington State Environmental Policy Act (SEPA) was submitted for review on April 1, 1992. The environmental review indicated a probability of significant adverse environmental impacts from the proposal, which could be mitigated. Recommendations were agreed upon to mitigate adverse environmental impacts disclosed during SEPA review (Exhibit F). A Mitigated Determination of Nonsignificance (MDNS) was issued by the City Council on May 18,1992. 471 472 22. 23. 24. 25. 26. MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. 21. On June 25, 1992, after public hearing, the Planning Commission by a majority vote of six to one, recommended to the City Council that the proposed planned unit development be approved with certain listed conditions (see Exhibit G). On July 20,1992, the City Council conducted a public hearing on the proposed Planned unit Development and the recommendations of the Planning Commission. Prior to the city Council hearing, residents located near the proposed PUD in testimony taken during the SEPA process, at the Planning Commission hearing, and in written communication, have expressed concern over the potential "channeling" of traffic generated by the project onto adjacent streets. Specific reference was made to the impact on neighborhood character from increased vehicular traffic. On September 8,1992, after additional public testimony, the City Council voted to approve the Planned Unit Development under certain conditions. The applicant was requested to prepare a specific plan for phasing utility and street improvements and to resolve any obstacles to approval which may result from underlying real estate contracts. City staff was requested to work with the applicant to prepare revised draft findings and conclusions commensurate with the City Council decision and the applicants construction phasing plan. On October 8,1993, the applicant submitted revised site plans and a construction phasing plan, addressing concerns raised during the public hearings, as well as further review by the members of RoseWind. Further minor revisions were made to these plans on November 22,1993. Although the proposed revisions to the plans are not substantial, because more than a year has passed since the previous public hearing, an additional hearing was scheduled for December 6,1993, and public notice was given. Conclusions: 1. 2. The proposed Planned unit Development is in conformity with the general plans for community development and would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood. The proposed project offers significant public benefits which justifies the variation from the normal requirements of the zoning code (Title 17, PTMC) through the application of the planned unit development overlay district. These benefits include: a. b. Preservation of open space. Reduction of potential impervious surface areas compared to expected amounts from single-family development under existing platting and zoning. Installation of a comprehensive neighborhood drainage plan which is expected to better control storm waters and result in less siltation and intrusion of contaminants into receiving waters than would normally occur through incremental development. provision of a residential density that is less than would likely occur through development under the underlying plat and zoning regulations. Although this reduction in density would limit the potential number of residential units, the proposed cohousing development would expand the range of housing opportunities in the community. c. d. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. 3. The proposed development will create an attracti VH residential environment of sustained desirability and economic stability, compatible with the character established for thø area by the comprehensive plan. 4. The economic impact of the development in terms of income levels, property values, and service demands is at least as beneficial to the community as that which could bE~ anticipated under the existing basic zoning and comprehensive plan. 5. The population composition of the development will not alter adversely the impact upon school or other municipal Bervice requirements as anticipated under the existing basic zoning and comprehensive plan. 6. The project will not create traffic or parking demand incompatible with that anticipated under the comprehensive plan. 7. In addition to the foregoing, the proposed planned unit development is consistent in all other respects with the requirements for a planned unit development set forth in Chapter 17.40 PTMC. 8. Under current designations on the Comprehensive Plan and Zoning Map, the surrounding land will continue to be developed for detached single family residences. This surrounding development will be at a similar density to that: proposed by this PUD. As such, the proposed project will be compatible with surrounding development. 9. Adequate vehicular access to the proposed PUD is dependent on the improvement of the 35th Street right-of-way. Failure to improve 35th Street prior to the development of the proposed PUD will adversely effect the surrounding district. 10. Pedestrian access to and from the proposed PUD will be limited unless adequate pathways are provided within thE! project and along 35th Street and umatilla Avenue. In consideration of the aforementioned findings and conclusions, the City Council hereby grants the application subject to the following conditions: 1. A survey indicating the precise location and legal description of all proposed dedications shall be prepared by 1:he applicant and submitted to the Director of Planning for review and approval prior to execution and recording of the Property Use and Development Agreement (PUDA). 2. A Property Use and Development Agreement shall be submitted by the applicant, approved by the City Council, executed and recorded prior to the issuance of any building permits. The agreement shall guarantee the implementation of the development according to the terms and conditions established as a part of the development plan approval. 3. Construction of the proposed project shall beqin within 2 years of approval of the PUDA by the City Council. 4. Prior to issuance of any building permits, RoseWind must be in full compliance with all mitigation measures identified in the Mitigated Determination of Nonsignificance (MDNS) issued by the City Council on May 18, 1992 (Exhibit F') which are applicable at the time of issuance of said permit. 5. The proposed commercial lot shall be restrictE!d in use as follows: 473 474 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. a. Permitted uses are limited to the following: Professional and Service Offices- Architects, Naturopaths,Massage and/or personal grooming services, accounting, Computer Programmers and other similar professional occupations Wood Working Art studios and Galleries Crafts such as sewing and jewelry Pottery Photographic Studios Storage for cottage industries conducted within RoseWind pursuant to a valid home occupation permit. Proposed commercial buildings shall be architecturally and aesthetically compatible with the surrounding residential area. Off-street parking shall be provided pursuant to Ch 17.30, Parking, PTMC. Erection of signs shall conform to Ch 17.50, Signs, PTMC The ownership and principal operation of any use conducted on the proposed commercial lot shall be limited to residents of the RoseWind Planned Unit Development. Each commercial use may employ no more than two persons who are not RoseWind residents, and the total number of employees of all uses conducted on the commercial lot who are not residents of RoseWind may not exceed ten at one time. Noise levels generated by the proposed commercial use shall be consistent with existing noise levels of the surrounding neighborhood and shall not be incompatible with the residential nature of the area. Toxic or hazardous materials shall be stored, handled or disposed of in a safe and appropriate manner as specified by the Department of Ecology's Material Safety Datasheets or best management practices. The hours of operation for proposed uses involving non- resident employees or delivery of materials shall be limited to between eight AM and five PM, Mondays through Fridays, nationally recognized holidays excluded. b. c. d. e. f. g. h. i. In the event of a complaint alleging noncompliance with these restrictions, the Planning and Building Director shall promptly investigate. If the Director finds that the operation of uses within the commercial lot is not in compliance with these restrictions, s/he shall take appropriate action to either assure prompt and continuous compliance or, in the event such actions prove unsuccessful, prepare a report to the City Council. The city Council may, after hearing, and upon finding that material noncompliance has continued to the extent that the peace and enjoyment of surrounding properties is compromised, modify these restrictions or require that the commercial lot be converted to non-comInercial purposes. The proposed RoseWind Walk shall be constructed by RoseWind as shown on the "Roads, Parking and Paths" plan wi thin nine months of the installation of those underground water and sewer improvements which must underlie the pathway. Water and sewer lines and ballasted (gravel) roads to serve each of the following divisions shall be constructed and approved by the Director of Public Works prior to issuance of any building permits within that division. DIVISION LOTS STREETS 6. 7. 1 2 1,2,4,5&6 3,7,8,9,10 & 11 35th Street, Kuhn Street 35th Street, Haines Street, 33rd Street I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. 3 Woodland Avenue 12,13,14,16 & 17 15 & 28 Haines street Fire lane for Lot 19 4 5 18,19 & 27 20 through 26 Landes Street and Woodland Avenue 6 Exceptions: Division 2: Any residential buildings constructed on Lot 3 shall be required to install a fire departmEmt approved sprinkler system, thereby eliminating the need to develop pettygrove street or a vehicle turnaround at Pettygrove and 33rd streets for fire equipment access purposes. The driveway serving Lot 3 shall be posted with "No Parking" signs. Divisions 4 and 5: The streets in Divisions 4 & 5, specifically the fire lane serving Lot 19 and the portion of Haines street extending north from Umatilla Avenue to serve Lots 15 and 28, are not required to be paved, provided 'that an approach apron shall be paved extending twenty feet from the paved surface of these streets. 8. Each person or party obtaining the first four building permits within any given division shall deposit with the City Treasurer monies equal to one-fifth of the estinlated cost to pave the streets serving that division. Upon issuance of the fifth building permit within a division, or within five years of the date of issuance of the first building permit within said division, whichever occurs sooner, RoseWind will pave the streets serving that division, drawing funds from the special city reserve account established for that purpose. RoseWind shall schedule installation of underground utilities prior to paving to avoid digging up streets after final surfacing. RoseWind shall also coordinate with the City Public Works Director on the timing and design of the paving and approach to 35th street where it intersects ,~ith San Juan Avenue. If the Public Works Director finds that coordination with San Juan Avenue improvements warrants delay in the above schedule for paving 35th street, s/he may extend the schedule for paving 35th street by as much as nine months beyond the schedule set forth above. 9. The paths on 35th Street and Umatilla Avenue which are included in the required mitigation measures (Mi'tigated Determination of NonSignificance, May 18, 1992) shall be completed prior to issuance of the fifth building permit served by each corresponding street. 10. All buildings within the proposed PUD shall conform to the following setback and dimensional requirements as shown on the Setbacks Plan (Exhibit D): Setbacks shown are the minimum required in feøt from each property line (by compass direction) I Lot I North I East I South I West I 1 25' 10' 0' 5' *0' 2 20' 10' *0' 15' 0' 3 10' 0' 10' *0' 5' 4 10' 5' 5' 20" 5 5' 5' *0' 20' 5' 475 476 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. , Lot North East South West 6 5' 0' 10' 10' *0' 7 10' 5' *0' 30' 5' 8 15' *10' 5' *0' 20' 5' *0' 9 20' *15' 5' 10' 5' *0' 10 0' 10' 20' *0' 0' 11 10' *0' 10' 0' 0' 12 10' 5' 0' 0' 13 25' *15' 0' 10' *0' 5' 14 10' *0' 0' 5' 35' 15 10' 5' *0' 10' *0' 0' 16 10' 10' *0' 20' *0' 20' *0' 17 25' 5' 20' 10' *0' 18 20' 0' 20' 5' 19 20' 0' 20' 5' 20-26 0' 0' 20' 0' 27 0' 5' 20' 0' 28 0' 5' 20' 20' * Indicates a location where the first setback listed can be reduced to the second by mutual agreement and request of adjacent property owners, and approval by the Rosewind Architectural Committee. (See Rosewind Setback Plan). 11. Setbacks for accessory buildings on RoseWind "Common Area" land shall be as follows: Setback from adjacent (non-RoseWind) property: Setback from numbered RoseWind building lots: Setback from public rights-of-way: 10' 5' minimum 10' minimmn1 12. Pursuant to section 17.16.030 PTMC, all buildings shall be a minimum of ten feet from any other building. 13. Lot coverage, the maximum portion of the lot or building site which may be covered with buildings shall be as follows: Lots 1-19 (residential) 40% Lots 20-26 (multi-family) Lot 27 (commercial) 50% Lot 28 (common house lot) "Common Area" Land 10% (combined common area) 50% 50% 14. Height limits shall be as follows: All buildings shall conform to a height limit of thirty (30) feet which shall be measured as provided by city ordinance in effect at the time of submittal of a complete building permit application. 1 Can be reduced to 0' with approval of adjacent property Qwner and RoseWind Architectural Committee. NOTE: All unattached buildings must be at least 10' from any other building. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Exception: One attached structure to be located on the common house lot, or common area land, may be as high as fifty (50) feet, provided that said structure shall be setback at least seventy-five (75) feet from adjacent property, and provided further that no portion of said structure which is higher than thirty (30) feet shall be used for sleeping purposes nor present a vie"l obstructing profile in excess of fifteen (15) feet from any vantage point. 15. outbuildings which are accessory to and on the same lot as a dwelling may set back as little as five feet from side and rear lot lines as long as that outbuilding is at least 10 feet from any other building. Setbacks from public rights'-of-way shall be the same as for the dwelling they accompany. 16. Proposed Lot 2 shall connect to the City's sanitary sewer system within 5 years of the construction of the sewer line serving Division 1, but no later than December 31, 1998. 17. Proposed Lot 1 shall not be developed until both Lot 1 and 2 are served by the City sanitary sewer system. An easement on Lot 1 for septic drainfields and required reserve area for Lot 2 consistent with this intent shall be executed and recorded prior to execution of the PUDA. The easement agreement shall state that the owner of Lot 2 agrees to release said easement when Lot 2 is served by city sanitary sewer. 18. Unless otherwise provided herein, any and all improvements within the Rosewind Planned Unit Development shall be made in full conformance with all applicable city and state laws, ordinances, codes, rules and standards. 19. Pursuant to Section 17.40.050 (4), any subsequent change or addition to the plans or use shall first be submit't:ed for approval to the planning commission and if in the opinion of the planning commission such change or addition consti'tutes a substantial alteration of the original plan, a public hearing shall be required. The applicant shall supply a copy of all of the conditions of PUD approval and the mitigation measures adopted pursuant to the MDNS issued on May 18,1992, to each owner and contractor undertaking construction within RoseWind, and the list shall also be prominently displayed on each construction site and protected from the weather with a plastic sleevE!. 20. 21. The proposed use shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in inberpret:ing or applying the same. Street Vacation Application 9106-04. RoseWind Planned unit Development. Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and grant Street Vacation Application No 9106-04 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Findings: 1. The applicants, RoseWind Cohousing Association, a mutual benefit corporation ("RoseWind") request the vacation of certain portions of platted but unopened streets as shown on the plan of Proposed Street Vacations & Dedications of the RoseWind Planned Unit Development, revised November 22, 1993 (Exhibit M). These areas to be vacated are described as follows: [Note: the map reference numbers in the left column correspond to the areas referenced on Exhibit M.] 477 478 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Map Referen ce 1a 1b 2 3a 3b 4 Description The northern 15' of that portion of 33rd Street lying between Pettygrove and Kuhn Streets, less the easterly 25' of said portion and less the westerly 5' of said portion The southerly 20' of that portion of 33rd Street lying between pettygrove and Kuhn Streets, less the easterly 50' of said portion and less the westerly 5' of said portion That portion of pettygrove street lying between 32nd and 33rd streets, less the parallelogram retained for "RoseWind Walk" right-of-way That portion of 32nd Street lying north of Lot 8 and north of the easterly 20' of Lot 9, Block 1 of Littlefield's Addition The southerly ten feet of that portion of 32nd Street lying north of Lot 10 and north of the westerly 30' of Lot 9, Block 1 of Littlefield's Addition. That portion of Woodland Avenue lying south of Lots 9 and 10 Block 1, Littlefield's Addition, less the southerly 25' of said portion Approx. area 2550 SF 2900 SF 4173 SF 3661 SF 800 SF 3500 SF Comments 25' section in the center of 33rd Street to remain as public ROW for pedestrian use and utilities. 25' section in the center of 33rd Street to remain as public ROW for pedestrian use and utilities. Vacation 2 allows preservation of a significant fir tree through a relocated utility and pedestrian ROW (see Dedications B and D) utility corridor east-west not needed: vacations 3a and 3b allow an adequate north-south corridor to remain Vacation 4 allows a 25' section of public ROW to remain for a necessary utility corridor and future pedestrian needs I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Map Approx. ~ Referen Description area Comments ce 5 The northerly 20' 800 SF Vacation 5 allows a portion of Haines 20' public ROW for street lying between necessary utilities umatilla Avenue and on the east side of Woodland Avenue, Haines, and allows less the easterly expanded on-street 20' of said portion parking compared to 1992 vaca1tion proposal 2. The approximate total area of the areas to bE~ vacated is 18,384 square feet. 3. The application bears the signatures of all abutt:ing property owners of the portions of street rights-of-way that are proposed to be vacated. 4. The applicants propose to develop a Planned Unit: Development (PUD) consisting of up to 26 dwelling units found in a variety of housing types. 5. The subject property is located in the central portion of the City on 8 acres of undeveloped hillside and valley land bounded on the north by 35th Street, on the south by umatilla Avenue, on the east by McNeill Street, and on the "lest by Landes Street. 6. An environmental checklist pursuant to the Washington State Environmental Policy Act (SEPA) was submitted for review on April 1, 1992. The environmental review indicated a probability of significant adverse environmental impacts from the proposal, which could be mitigated. Certain measures were agreed upon to mitigate adverse environmental impacts disclosed during SEPA review. A Mitigated Determination of Nonsignificance (MDNS) was issued by the City Council on May 18, 1992. 7. The applicants have submitted a site plan (Exhibit C) indicating access to the properties immediately adjacent to the proposed street vacations. The Public Works Døpartment has reviewed the proposed vacations and has idEmtified the appropriate street standards, drainage design, clnd necessary infrastructure improvements that will be requirE!d to provide adequate access to the affected properties. 8. The applicants request that the proposed streets be vacated to allow development of the proposed Planned Unit Development as a cohousing community and because the areas proposed to be vacated would not be needed for local access or neighborhood circulation. 9. The applicants propose to dedicate certain areas of their property for public rights-of-way: These areas are as shown on the plan of Vacations & Dedications of .the RoseWind Planned unit Development (Exhibit M). These areas to be dedicated are described as follows: [Note: the map reference numbers in the left column correspond to the areas referenced on Exhibit M] 479 480 10. MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. Map Referen ce A B C D E F G H I Description Westerly 5' of Lots 4 & 5, Block 9, . Tibbal's Jr 2nd Addition Easterly 25' of Lot 1, Block 9, Tibbals Jr 2nd Addition (The need for this dedication was eliminated by project design revisions.) 20' wide portion of Lots 3 & 4, Block 3, and Lots 1 & 8 , Block 4, Tibbals Jr 2nd Addition Northerly 50' portion of Lot 11, Block 4, Littlefield's Addition Easterly 10" of Lots 1 & 2, Block 3, Littlefield's Addition (The need for this dedication was eliminated by project design revisions.) À 15' wide portion of Lots 5,6,and 7; together with a 15' wide portion of the westerly 75 feet of Lot 8, Block 4, Tibbals Jr 2nd Addition Westerly 20' portion of Lot 4, Block 3, Littlefield's Addition, less the northerly 30' of said portion Approx. Area 1000 SF 2500 SF 4150 SF 2500 SF 2000 SF 2625 SF 1400 SF Comments Public Works requests 5' additional ROW for Kuhn st to accommodate storm drainage, etc. Utility and pedestrian ROW location allows preservation of large fir tree. Relocated utility ROW improves feasibility of sewer installation. Provides adequate area for fire apparatus turnaround and storm drainage. Provides for walkway, on-street parking and vehicular turn-around Truck access lane for public sewer maintenance avoids excess disturbance of steep hillside. Fire-lane access to RoseWind lot 19 avoids extensive street development Approximate total area of the areas proposed to be dedicated is 16,175 square feet. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Conclusions: 1. The proposed street vacations conform with the goals and policies contained in the Comprehensive Plan and satisfies the following review criteria for street vacations set forth in Section 12.20.060 of the Port Townsend Municipal Code: a. The proposed street vacations are in compliance with the goals and policies of the Comprehensive Plan. b. The portions of the streets subject to 'the proposed vacation are not required for current or anticipated overall area circulation. c. The effectiveness of fire, law enforcement, medical or other emergency services will not be unduly impaired by the proposed vacations. d. The portions of the subject streets which arle proposed to be vacated are not required as a current or anticipated utility corridor, and as described above in Finding of Fact Nos. 1 and 9, certain areas of the subject streets are reserved as public right-of-way or dedicated as additional public right-of-way for utility services. e. The portions of the subject streets which arle proposed to be vacated are not required as current or anticipated bicycle, pedestrian or equestrian trail corridors, and the proposed additional rights-of-way to be dedicated'by RoseWind will provide a valuable neighborhood pedestrian corridor. f. The portions of the subject streets which arle proposed to be vacated do not abut on a body of salt or fresh water. 2. The value of the areas proposed to be dedicated is in the aggregate approximately equal to the value of .the areas of existing street rights-of-way proposed to be vacated. In consideration of the aforementioned findings and conclusions, the City Council finds that the above-referenced application be granted subject to the following conditions: 1. A certified copy of the ordinance vacating the street::; shall be recorded by the City Clerk in the office of t:he Jefferson County Auditor upon receipt by the city of all dedication deeds, properly executed and recorded, as proposE:!d above, and upon satisfaction of the remaining conditions listed below. The street vacation shall be canceled and become automatically null and void one year after City Council ac1:ion if said dedications have not been made and the remaining conditions have not been satisfied. 2. Utility easements as indicated on the RoseWind Sewer Plan (Exhibit E) and the RoseWind Water Plan (Exhibit: F) shall be retained by the city. 3. These street vacations shall not become effective until a certified survey recording all of the proposed vacations and utility and pedestrian easements is submitted to, and approved by the Director of Planning, and recorded with t:he Jefferson County Auditor. 4. A restricti ve covenant agreement shall be E!xecuted and recorded which joins together Lot 3 and Lot 4, Block 2, H.L. Tibbals Jr. 2nd Addition, to constitute a single building . site. The restrictive covenant agreement shall be in a form 481 482 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. and manner approved by the city Attorney and shall be recorded with the Jefferson County Auditor prior to passage by the City Council of an Ordinance approving the proposed vacations. RESOLUTION NO 93-132 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROPERTY USE AND DEVELOPMENT AGREEMENT IN IMPLEMENTATION OF THE ROSEWIND PLANNED UNIT DEVELOPMENT. Councilmember Westerman made a motion that the Council adopt Resolution No 93-132 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember Wolpin returned to the auditorium. Conditional Use Permit for East Jefferson County Emergency Medical Services Council. Mr Hildt reviewed the findings, conclusions and conditions of the Planning Commission and changes proposed by staff for the permit. Mayor Clise opened the hearing to the Public. Shirley Beard was recognized and stated concerns for a precedent being set for land use for transmission towers if this is approved. Mel Mefford, Jefferson County Sheriff, was recognized spoke in favor of the permit and explained the need for the site. Lisa Crosby was recognized and spoke in favor of enhanced medical services but stated concerns for a proliferation of antennas on Morgan Hill. Paul Becker was recognized and questioned the amount of power needed and the transmitter being in a populated area and questioned if two smaller transmitters in different locations would be as effective. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. After discussion of limiting the towers to this one use, the number of antennas needed, support of a public hearing for any changes, inclusion of the amount of power allowed, including Mr McLerran, Mr Hildt and Sheriff Mefford, ensued. Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit No 9307-01 -East Jefferson County EMS Medical Service Council which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. The applicant proposes to construct an 8 X 10 foot metal builqing, and 20-foot-high towner with four Motorola, two-way ( . .. FM rad10 antennas. The 1nstallat10n would be located on the northwestern portion of the site, near the Morgan Hill Reservoir on Blocks 12 and 13 of the Mountain View Addition to the City of Port Townsend in the P-I zoning district. 2. The installation was originally proposed to be located near the northcentral property line, but after input from neighboring property owners, and discussions between city staff and the applicant, the proposal was revised to "revised location" indicated on the site plans. 3. section 17.16.010 Port Townsend Municipal Code (PTMC) requires a conditional use permit to establish a radio or television broadcasting station or mast. 4. The si te is surrounded by single-family residential development and is bordered by partially developed Reed Street to the north, Quincy Street to the east, and platted but undeveloped Taylor and Root streets to the west and south. 5. The applicant states that-the new installation is necessary to enhance radio transmission capabilities. Currently, emergency I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. vehicles in the field are sometimes not able to communicate wi th physicians at Jefferson General. The installation of the tower and antennas is expected to increase radio contact coverage throughout the county for Jefferson Couni:y ambulance, fire and law enforcement services. 6. The applicant states four antennas will be installed on the tower, and estimates that the antennas will be in actual operation for a sum total of approximately two hours per day. The applicant has also stated that because the emergency service radios operate at a much higher frE~quency than television bands, there should be little to no impact on reception in the area. 7. The applicant estimates that a maximum average of one vehicle trip per day will be generated by the proposed use. 8. The applicant has submitted literature produces by Motorola Communications and Electronics, Inc which states all of Motorola products meet the safety standards se't by various government and industry organizations in respect to emissions of electromagnetic energy. The standards cited include the Federal Communications Commission, the Institute of Electrical and Electronic Engineers, the National Council on Radiation Protection and Measurements, and the American National Standards Institute. 9. The building, which would house the radio repeatE~r equipment, would be located a minimum of 10 feet from prOpE!rty lines. 10. The Morgan Hill Reservoirs are not currently in use, but Public Works personnel have indicated that the reservoir may be reacti vated some time in the future. Because of the portable nature of the proposed facility, the use of the reservoir site has been authorized by the Public Works Department. However, it may become necessary for the facility to be relocated at some future date. Conclusions: 1. Under the conditions prescribed below, the proposed use will not endanger the public health or safety. The proposed use, under the conditions prescribed below, will not create a nuisance to the surrounding propert:y owners. 2. 3. The proposed use will meet all the conditions and specifi- cations set forth in the P-I zone in which the property is located. 4. Under the conditions prescribed below, the proposed us,e would not be injurious or detrimental to the adjoinin9 of abutting property. 5. The location and character of the use when developed under the conditions prescribed below, will be in harmony ~gith the area in which it is located and will be in general conformity with the Comprehensive Plan. 6. A proliferation of antenna towers, however, would be in'jurious and detrimental to adjoining or abutting property. It is the intent of the City Council that this tower and antenna be permitted as necessary to protect and preserve human life but that it not be used as a precedent for erecting additional towers. In consideration of the aforementioned findings and conclusions, the City Council grants the above-referenced permit as conditioned: 483 484 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Conditions: 1. The building shall be located a minimum of 10 feet from any lot line. 2. Any increase in the height or number of antennas or amount of power on the site shall require a revision to the conditional use permit and shall require consideration and approval by the city Council after additional public hearings. 3. The city retains the right to require the removal of the antenna and accessory building at any gi ven time. The applicant will be given a minimum of 30 days notification to remove the facility from the site. 4. The applicant shall be solely responsible for assuring that the radio antennas meet all health and safety requirements of the Federal Communications ComInission and other broadcasting regulatory bodies. 5. To screen the building from neighboring properties, a 5-foot- wide evergreen buffer shall be planted surrounding the proposed building. 6. Pursuant to Subsection 17.64.050 PTMC, if the City Council becomes aware of possible adverse effects resulting from a conditional use, additional conditions may be imposed on the permit or the permit may be rescinded. Ordinance Increasing Fee Schedule for Planning and Building. Mr Hildt explained the ordinance. Mayor Clise opened the hearing to the Public. Ted Shoulberg was recognized and questioned if there has been any questions or complaints regarding the ten hour fees. Mr Hildt explained that there have not. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. ORDINANCE NO 2384 AN ORDINANCE RELATING TO REVENUE AND FINANCE; SETTING FEES FOR VARIOUS BUILDING AND LAND USE APPLICATIONS, PERMITS AND SERVICES; AMENDING SECTION 3.36.015 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Wolpin 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 Sokol made a motion that the Council adopt Ordinance No 2384 which was seconded by Councilmember Jones and passed unanimously by roll call vote. UNFINISHED BUSINESS Resolution Authorizing Rejection of all Shop Facilities Bids and Authorizing Rebid. RESOLUTION NO 93-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO REJECT ALL BIDS FOR A HANDICAPPED ACCESSIBLE, PREFABRICATED SERVICE BUILDING FOR USE AS A SHOWER/LOCKER ROOM AND LUNCH/MEETING FACILITY, AND TO REBID THIS FACILITY. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont. Mr Wheeler explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-133 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Resolution Authorizing Property Exchange wi th Roge~r Evans for Howard Street Right-of-Way. RESOLUTION NO 93-134 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ROGER W EVANS AND JON D EV}.NS REGARDING AN EXCHANGE OF LAND OWNED BY ']'HE CITY OF PORT TOWNSEND FOR A FORESTED STRIP OF LAND ADJACENT TO HIGHWAY 20/SIMS WAY, }.ND AUTHORIZING THE CLERK/TREASURER TO ISSUE ']'HE WARRANTS NECESSARY TO COMPLETE THE EXCHANGE. Doug Mason explained the Resolution. Councilmember Jones made a motion that the Council adopt Resolution No 93-134 which was seconded by Councilmember Sokol and passed unanimously by voice vote. NEW BUSINESS Ordinance Amending 1993 Budget (For Introduction Onl~~. ORDINANCE NO 2385 AN ORDINANCE APPROPRIATING THE SUM OF $75,377 TO THE CURRENT EXPENSE FUND, $2,800 TO ']'HE LIBRARY FUND, $7,250 TO THE PARK FUND, $1,000 TO THE HOTEL/MOTEL TRANSIENT TAX FUND, $2,341 TO THE 1993 LIMITED TAX GENERAL OBLIGATION BOND REDEMPTION FUND, $10,672 TO THE EMERGENCY MEDICAL SERVICES FUND, $12,000 TO THE CAPI,]~AL IMPROVEMENT FUND, $2,500,000 TO THE 1992 WASTEWATER TREATMENT PLANT CONSTRUCTION FUND, $6,300 TO THE 1993 GENERAL OBLIGATION BOND CONSTRUCTION FUND, $24,124 TO THE LOCAL IMPROVEMENT DISTRICT NO 1 FUND, $10,675 TO ,]~HE PORT TOWNSEND LOCAL IMPROVEMENT GUARAN,]~EE FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mr Grove explained that this ordinance is for introduction only and read it by title. Ordinance Establishing Maximum Salary for MaintenancE! Worker II. ORDINANCE NO 2386 AN ORDINANCE ESTABLISHING THE MAXIMUM SAL}RY FOR MAINTENANCE WORKER II AS OF NOVEMBER 1, 1993. Mr Grove explained the ordinance and read it by title. Council- member Sokol made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2386 which was seconded by Councilmember Owsley and passed unanimously by roll call vote. 485 486 MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1993, Cont. MAYOR'S REPORT Mayor Clise reported that there will be a reception prior to the next Councilmeeting on December 20, 1993, at 5: 30 PM for the retiring members of the City Council. COMMITTEE REPORTS/STAFF REPORTS Finance. Councilmember Owsley reviewed the recommendations of the Committee for the 1994 Budget and explained that the Clerk- Treasurer has been asked to make the changes for the next councilmeeting. Councilmembers Camfield and Wolpin made further comments as Committee members. Yard Waste Collection. Mr Wheeler noted his memorandum dated December 2, 1993, regarding the Compost Facility and Yard Waste Programs. Mr Wheeler reported that another Agreed Order from the State has been received for the Safe Drinking Water Act/Surface Water Treatment Rule that cleans up the last Order. The Water Advisory Committee will discuss it at a meeting on December 9, 1993, and a recommendation will be forthcoming at the next Councilmeeting. Library. Cheryl Silverblatt, Librarian, thanked Council for the 1994 Budget and stated that the salary schedule will not be changed. Planning/Building. Mr Hildt reported that Katherine Johnson, Administrati ve Assistant, has been on maternity leave and has decided not to return. After a brief discussion, it was the consensus of Council that this position as well as a Planner position be refilled. Parks/Property. Councilmember Camfield reminded the Committee that there is a meeting on December 8, 1993, at 5:00 PM. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, David Grove, Doug Mason and Robert Wheeler at 12:39 AM. The meeting was reconvened at 1:03 AM. NEW BUSINESS RESOLUTION NO 93-135 A RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE WITH THE BOARD OF COUNTY COMMISSIONERS OR ITS DESIGNEE REGARDING THE PURCHASE OF OPTION RIGHTS WITH RESPECT TO CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY LIMITS WHICH HAVE BEEN IDENTIFIED AS SURPLUS COUNTY LANDS AND AUTHORIZING THE CLERK/TREASURER TO ISSUE THE WARRANTS INCIDENTAL TO THE PURCHASE OF SUCH OPTION RIGHTS. Councilmember Owsley made a motion that the Council adopt Resolution No 93-135 which was seconded by Councilmember Camfield and passed unanimously by voice vote. I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cant. 4e1 I I I ADJOURNMENT There being no further at 1:04 AM. Attest: ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF DECEMBER 20¡, 1993 The City Council of the City of port Townsend me1: in regular session this Twentieth day of December, 1993, at 7:00 PM in the Council Chambers of city Hall, Mayor John M Clise prE~siding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, Police Chief Jim Newton, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt, Dave Robison, Planner and Public Works Director Robert Wheeler. PRESENTATION Councilmember Camfield announced the donation of property across the street from the James House to be used as a vie",point to the citizens of Port Townsend from Jack (H J) Carroll. PROCLAMATION Mayor Clise proclaimed Appreciation Day. December 21, 1994, ~Jack Carroll as PRESENTATION NOra Porter was recognized and presented a check from the Port Townsend Foundation for $18,000.00 and Homer smith III presented a check for $1,000.00 for the purchase of property at the corner of Adams and Water Street for use as a park. Anothler check fo:):' $1,000.00 from Ellen and Penny of April Fool and Penny Too has also been pledged. Ms Porter also presented a check for $1,000.00 from the Foundation and the Rose Theater for the development of this project. Ms Porter recommended a competition for the design of the park and presented $1,000.00 to award the winner of the competition. PUBLIC COMMENTS Madge Wallin was recognized and questioned the need to make the fence allowed under her variance earthquake proof as rlecommended by the engineer hired under provision of the variance and requested to meet with a Councilmember for discussion. Mayor Clise suggested that Ms Wallin meet with the Planning and Building Department Director, Michael Hildt, who stated that he would be pleased to meet with Ms Wallin and review the engineer's report.. Bart Phillips, Economic Development Council, was rE!cognized and explained the Maag Coastal Loan Application motion of :support which is later on the agenda.