Loading...
HomeMy WebLinkAbout07/19/1988 I I I .. ';'-;- - :,-'- . 11 MINUTES OF THE REGULAR SESSION OF JULY 5, 1988, Cont. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:25 PM. ß=tì M Mayor Attest: ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JULY 19, 1988 The City Council of the City of Port Townsend met in regular session this nine- teenth day of July, 1988, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at rol~ call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloc1 and Norma Owsley. Also present were Pub- lic Works Director Ted Stricklin, Cler~-Treasurer David Grove, Executive Adminis- trative Assistant/Planner Michael Hildt, Assistant Planner Kevin O'Neill. City Attorney Keith Harper arrived at 7:38 oM. CONSENT AGENDA Councilmember McCulloch made a motion to approve the following items on the Con- sent Agenda which was seconded by Coun~ilmember Owsley and passed unanimously by voice vote. Approval of the minutes for July 5, 1988, as written without reading. Approval of Bills and Claims presented: Current Expense Street Park Hot~l-Motel Transient Tax Emergency Medical Services Capital Improvement Community Development Block Federal Shared Revenue Water-Sewer Storm and Surface Water Equipment Rental Grant $39,848.25 4,258.85 850.09 12,997.63 212.28 22,140.78 51.42 1,687.10 11,512.44 354..84 4,043.57 Total $97,957.26 Setting Hearings: Resolution Adopting Policies on Enforcement of Building and Zoning Ordinances Conditional Use Permit App No 8805-05 -Majors A.ugust 2, 1988 August 2, 1988 RESOLUTION NO 88-57 A RESOLUTION AUTHORIZING THE CANCELLATION OF UTILITY CHARGES FOR THE JAMES HOUSE. Communications: I', -..~' c_~~~ 12 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. A letter dated June 25, 1988, from Sarah F Hudson was copied for Council questioning the availability of restrooms, drinking fountains for the public and bleachers dur- ing the Rhododendron Festival. This was referred to the Community Services Committee. An Environmental Checklist with a Shoreline Substantial Development Permit Applica- tion attached from InterWest Savings Bank dated June 30, 1988, was copied for Council and referred to the Legislative/Environmental Committee. A letter dated June 30, 1988, from Theresa J Lowe, Demographer, State of Washington Office of Financial Management, was copied for Council stating the final April 1, 1988, city, town and county population determinations: Port Townsend 6,840. A letter dated July 6, 1988, from Gerald J Rodgers requesting a new Conditional Use Permit with some revisions to the conditions contained in the previously approved permit that has expired for a condominium at 1805 Water Street was copied for Coun- cil and referred to the Legislative/Environmental Committee. A letter from Peter Badame, Manager of the Jefferson Transit Authority, dated July 11, 1988, requesting that the City not pave a70' x 4' ØTantihg strip on Hancock Street adjacent to 1615 Sims Way and that the Transit Authority be allowed to land- scape it was referred to the Street/Storm Drainage/Light Committee. The 1988 Report on a Prospective Animal Welfare Program for the City of Port Town- send and Jefferson County by Bayshore Animal Shelter Environment, prepared by Bon- ita L Flagg and copied for Council on July 14, 1988, was referred to the Police/ Fire/Animal Control Committee. This concludes the Consent Agenda. PUBLI C HEAR I NGS City Attorney Keith Harper arrived at this time. Appeal on Sudlow/Dalzell Short Plat Application No 8802-01. John Sudlow was recog- nized and requested that he not be asked to give land to even and straighten street boundaries which were created over the past 90 years for perceived distant future traffic in exchange for permission to divide his property. Michael Hildt explained that there is an overall public need for traffic circulation which should be con- sidered ~hen approving each Short Plat or Subdivision. He went on to explain the specific needs in this case. Tom Majhan was recognized and spoke against the req- uirement for the street right-of-way. Mayor Shirley announced that this is a pub- lic hearing and asked for any other comments from the public. There being none, he turned to the Council for discussion. After a lengthy discussion, Councilmember Jones made a motion to continue the hearing to the next meeting which was seconded by Councilmember Camfield and passed unanimously by voice vote. Conditional Use Permit Application 8805-03 -Walter J Wilson. Mr O'Neill reviewed the findings, conclusions and conditions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. Jim Wilson was recognized and spoke in favor of the application. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After discussion, Councilmember Owsley made a motion that the Council approve Conditional Use Permit Application No 8805-03 with the following findings, conclusions and con- ditions which was seconded by Councilmember Jones. After discussion, Councilmember Kenna made a motion to amend the motion to ask the applicant to consider>' the recommendations of Mainstreet regarding the sidewalk and street trees which was seconded by Councilmember Clise and passed with four councilmembers voting in the affirmative and Councilmembers Owsley and Jones against. After further discussion, the main motion passed unanimously by voice vote. Findings 1. The applicant proposes to construct a one story commercial structure with roof- top parking on a vacant lot located at 1104 Water Street. The proposed devel- opment would be an addition to the McGee Building at 1102 Water Street. The ground floor of the McGee Building is currently occupied by Coast to Coast Hardware. The applicant intends to occupy the new structure Ivith a barber/ beauty shop and a commercial movie theater. He also proposes to occupy the second floor of the existing McGee Building with a miniature golf business, which for purposes of the zoning code would be classified as "amusement ent- erpises" use. An amusement enterprise use and a theater use are both permit- ted as conditional uses in the C-III zone. I' - I I I I I 13 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. 2. The proposed development site encompasses Lots 1-4 on Block 38 in the Port Townsend Central Business District. The site is bounded on the south by Water Street, on the east by Polk Street,Dn the north by Washington Street and on the west by Port Townsend Medical Clinic. The McGee Building covers Lot 1, while the proposed addition would cover Lot 3 and the southern portion of Lots 2 and 4. The addition would be sited on Lot 3 while the southern por- tion of Lots 2 and 4 would contain a ramp leading to the rooftop parking area ingress and egress to and from the ramp would be by way of Polk Street. The northern portion of Lots 2 and 4 is a bluff sloping up to Washington Street. Lots 1 and 3 are zoned C-III; Lots 2 and 4 are divided by the zoning district boundary between the C-III and R-II districts. The zoning district boundary exists approximately 58 feet northwesterly of the southern boundary of these lots. The lots are 110 feet deep, thus the northern half of the lots is zoned R-II and the southern half is zoned C-III. However, Section 17.12.50 of the Port Townsend Municip?l Code states that "where a district boundary line... divides a lot in single ownership...the district requirement for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extension shall not include any part of such lot more than thirty-five feet beyond the district boundary line." Since the least restricted portion of the lots is the C-III zone, an additional 35 feet north of the zoning district boundary line should also be considered C-III. Section 17.20. 010 of the zoning code requires a 25 foot setback for a building in the C-III zone when such building abuts property zoned for residential. The net effect of the C-III zone extension and the required 25 foot setback from the R-II zone is that the proposed structure may not extend more than 68 feet into Lots 2 or 4 (since 58 feet + 35 feet - 25 feet = 68 feet). The applicant's cur- rant building plans show that the developed portion of the site will be within the C-III zone as extended, and will be more than 25 feet away from the abut- ting R-II zone to the north. 3. 4. The proposed addition to the building would be occupied by a. 160 seat movie theater and a 1200 square foot barber/beauty shop. The parking requirements for these uses are as follows: Use/SF Requirement Parking Spaces Theater/160 Seats 1 space/4 seats 40 Barber/1200 SF 1 space/600 SF 2 Total Required Spaces 42 Since the uses are within the Downtown Parking Area, the 42 required spaces are reduced to 75 percent of the requirement, or 32 spaces (17.28.100, Port Townsend Municipal Code). The applicant's current building plans show that 27 8 x 16 foot parking spaces would be available on the roof; however, the zoning code requires that an off-street parking space have a net area of no less than 200 square feet. The zoning code also stipulates that a proposed parking plan allow 300 square feet of gross area for each vehicle. The appli- cant estimates that there is an additional 1,500 square feet behind the buil- ding available for off-street parking; although present building plans do not show parking in this area, an estimated 5 additional spaces may be possible. 5. Built prior to the enactment of the zoning code, the McGee Building is a legal non-conforming use with respect to parking requirements. Accordingly, there are no parking requirements in the zoning code which are applicable to the proposed use. Off-street parking requirements may be reasonably imposed as part of a conditional use permit. If the building was built today, the park- ing requirements would be as follows: Use/SF Requirement Parking Spaces Hardware/6,OOQ SF 1 space/600 SF Amusement/4,OOO SF 1 space/300 SF Total Required Spaces This would be reduced to 75 percent of the it is in the downtown parking district. 10 13 23 requirement, or 17 spaces, since 6. The current operating hours of the Coast to Coast Hardware store are 9:00 AM to 5;30 PM Monday-Saturday, and 12:00 PM to 4:00 PM on Sunde.y. The operating hours of the barber/beauty shop at its present location are 9:00 AM to 6:00 PM 14 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. Monday-Saturday. The planned operating hours of the proposed amusement business are 3:00 PM to 10:00 PM weekdays, noon to midnight Saturdays and noon to 10:00 PM on Sundays. The proposed theater would operate between approximately 7:00 PM and 11:30 PM on weekdays, and would also present afternoon matinees on week-ends and weekdays throughout the summer. Therefore, the hardware store and barber/ beauty shop are daytime uses only, while the theater and amusement business will operate in the evening, with some afternoon hours as well. 7. 1- 8. There are approximately 15 parking spaces located on the site of the proposed building addition, 6 of which are leased to the adjacent medical clinic. These spaces would be eliminated by the proposed project. There are also 9 on-street parking spaces directly east of the McGee Building on Polk Street. An abandoned sign presently on site is a prohibited sign (17.34.080 Port Townsend Municipal Code). A 30-day order to remove this sign was issued on May 3, 1988. 9. At its meeting of June 7, 1988, the City Council amended its Determination of Nonsignificance, which was originally issued on April 21, 1987, to include the theater and amusement enterprise, after review of the environmental checklist submitted by the applicants pursuant to the Washington State Environmental Policy Act. " Conclusions 1 . The zoning code requires 32 parking spaces be provided for the uses proposed in the building addition. If on-street parking spaces are restored on Water Street in front of the site, the requirement of 32 spaces will be reduced by a factor of two spaces for everyone on-street space created. (17.28.110 Port Townsend Municipal Code) 2. The proposed theater and amusement uses of the subject property under appropri- ate conditions will not endanger the public health of safety, nor will a nui- sance be created. I 3. The proposed uses will be required to meet all of the conditions and specifi- cations set forth in the C-III zone in which the property is located. 4. The proposed uses will not be injurious or detrimental to adjoining or abutting property. 5. The location and character of the uses will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the City Council grants the above referenced application as conditioned: Conditions 1. The conditional use application is granted on a continuous all of the conditions and specifications of the C-III' zone is located, including those relating to parking and signs, basis, provided that in which the property are met. 2. The rooftop parking area will be designed in such a way as to completely screen the vehicles from street views along Water Street. 3. It is understood that the Uniform Building Code and 'Uniform Fire Code apply and must be met prior to occupancy for both the second floor of the McGee Building and the new addition. 4. The abandoned sign shall be removed from the site when the new construction begins. If a building permit and/or occupancy permit is not obtained for subject pro- perty within one year from the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void (17.64. 070, Port Townsend Municipal Code). I 5. Consideration of Recommendations 1. The project must adhere to all sections and standards of the Streetscape Design. This would require that the new sidewalk be of the style prescribed in the Street- scape Design, not the dangerous style presently in front of Coast to Coast. 15 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. 3. It should be a condition that two street trees and grates, and one street lamp should be placed in the new sidewalk. A deadline should be placed on completion of the sidewalk or the applicant understand that the City would build the sidewalk and bill him for all costs incurred by the City. An appropriate deadline would be after two or three months following commencement of work on the new building. 2. I 4. That no loading zones, passenger pick-up or drop-off, or other special par- king arrangements be allowed for the front of his total property for any rea- sons related to the activities of the building. COMMITTEE REPORTS RESOLUTION NO 88-56 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CONTRACT DOCUMENTS ACCEPTING A GRANT FROM THE DEPARTMENT OF ECOLOGY. Mr Kahley explained the resolution. Councilmember Owsley made a motion that the Council adopt Resolution No 88-56 and appropriate money in the 1988 Budget up to the amount of $1395.00 in matching funds which was seconded by Councilmember Jones and passed unanimously by voice vote. Legislative/Environmental. Councilmember Kenna made a motion that the Council issue a Declaration of Non-Significance for the Environmental Checklist of Inter- West Savings for an addition to their building which was seconded by Councilmem- ber Camfield and passed unanimously by voice vote. I Councilmember Kenna made a motion that the Council make a mitigated Declaration of Non-Significance from the previous application of October 22, 1985, for Gerald J Rodgers and drop condition number 11 which had to do with a reg'istered profes- sional engineer for the sea-wall which has already be done. Th'ís motion was sec- onded by Councilmember Jones and passed unanimously by voice vote. Street/Storm Drainage/Light. Councilmember Jones made a motion that the City grade and widen~57th and Wilson Streets for mail delivery which was seconded by Councilmember Owsley and passed unanimously by voice vote. :¡. 'Ío />iI<i6-ltJtl/-L- Wi J:¡. r7f 0 iVL Y Councilmember Jones made a motion that the City install a doublE~ stop sign at Monroe and Water Streets, thata RV directional Parking Sign be installed and a 24 hour~ parking sign be taken down when the new signs are put up, and that the curbc~for the Swan Hotel be slightly widened and the street parking marked for smaller car lengths*in order to control parking on Monroe Street which was second- ed by Councilmember Chang and passed unanimously by voice vote. A- WIJ1'# r~ô S.,;¿rCKUI\J'S ()t'/1y HNÒ MffA-$¡VJ.~M/;AJrs Councilmember Jones recommended that the Reed Street Park confl'íct be turned over to Mr Hildt Qnd staff. Water-Sewer. Councilmember McCulloch reported that the CommittE~e had met and con- sidered the request by the Swan Hotel for change in the way they are being billed for utilities. The Committee concluded that billing by tap is equitable, and they should change their service to a single water tap which they are considering. -I Councilmember McCulloch made a motion that an ordinance change be prepared to include Civil Service Disability as well as the Supplemental Social Security allowed for the utility discount which was seconded by CouncilmE~mber Jones and passed unanimously by voice vote. Councilmember McCulloch also reported that the Committee considered the letter from Allen Beach as informational at this time. Councilmember McCulloch reported that the tour of the water system was very educ- ational and worthwhile. Finance. Councilmember Owsley made a motion that the Council accept the recom- mendations of the HUD loan panel on terms and limits for the Community Develop- ment Block Grant Fund which was seconded by Councilmember Camfield and passed unanimously by voice vote with Councilmember McCulloch abstaining. 16 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. Councilmember Owsley also reported that there is no estimate yet for installing curbing at the Golf Course and that the fencing on Washington Street has been repaired. Police/Fire/Animal Control. Councilmember Clise made a motion that an ordinance be prepared that follows the Port Angeles ordinance for unattended children with two changes: 1. reduce the age to 6 years 2. imprisonment in the Jefferson County Jail which was seconded by Councilmember Chang and passed unanimously by voice vote. I Councilmember Clise reported that the Committee has requested that Bayshore refine the Animal Control Welfare Proposal that was required by the contract into one, five and ten year objectives along with costs, funding sources and priorities. Councilmember Clise also reported that the Committee had discussed the proposal by Larry Ennen for IIfree cab servicell in connection with drunk drivers and had asked Chief Hinton to check with Sequim and Port Angeles on how it has been working. Department of Community Development/Mainstreet/Washing~on Downtown Revitäliza- tion Program. Councilmember Jones reported he had attended the Conference in Tacoma and asked that the Council consider a Design Review Board and an Archi- tectural Review Committee as soon as possible. Community Services. Councilmember Chang set a meeting for 9:00 AM on July 27, 1988, to discuss the Recycling Program. Pope Park Building. Mayor Shirley noted the memo from Ted Stricklin recommending that the Pope Park Building be closed to public use until repairs to the floor support system are made and stated that the City will be looking into determining what it will take to make the necessary repairs and get the building reopened. Department of Ecology. Mayor Shirley reported that he and Mr Stricklin had met with the Department of Ecology and it was affirmed that the City is still in line for 50% funding for the Secondary Treatment Plant. Mayor Shirley will be sending a letter of understanding to the Department of Ecology that will be copied for the Council. I Cape George Sewer also met with the at the Department be some decisions system. District. Mayor Shirley announced that he and Mr Stricklin had Cape George Sewer District Commissioners and their consultant of Ecology and discussed the needs of Cape George. There should within the next sixty days on their inclusion in our treatment Department of Fisheries. Mayor Shirley announced that he had met with the Depart- ment of Fisheries and presented counter-language to the proposed memorandum of understanding on the purchase of the Chebuhar Property better known as the IIChinese Gardens. II UNFINISHED BUSINESS Bid Award on Elevator. Mayor Shirley announced that the bids received were higher than expected and he will refer this to the next meeting. Resolution No 88-55 on Sidewalk Improvements. After discussion, it was determined that it is not ready for adoption. Mayor Shirley continued the discussion to the next meeting. NEW BUSINESS I Permit Revision of Port of Port Townsend Shoreline Substantial Development Permit No SH12-86. Mr Tom Neal introduced Julie Bondy of Northwest Territories, Inc, who explained the revision. The revision would relocate the fuel storage tanks to the northwest corner of the intersection of Washington and Benedict Streets on Lot 1 of Block 167 of L B Hastings Second Addition to the City of Port Townsend within Section 11, Township 30 North, Range 1 West, WM. The tanks would be~p1aced in a twenty-nine by forty-seven by six foot roofed concrete containment moat set four feet in the ground. The moat would be set back twenty feet from the rights-of-way. Underground fuel lines in sealed conduit would run from the tanks to the existing fuel dock that would continue to be used. A landscaped sight-obscuring berm would I I I 17 MINUTES OF THE REGULAR SESSION OF JULY 19, 1988, Cont. be placed around the moat. Councilmember Kenna made a motion that the Council adopt all findings, conditions and recommendations as follows which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings 1 . The revision is to be reviewed by the Port Townsend City Council pursuant to WAC 173-14-064 and Section 6.404, "Revisions," of the Jefferson-Port Townsend Shoreline Management Master Program. 2. No additional over-water construction is proposed. 3. 4. No new structures, other than a change in the tank configuration, are proposed The use of the current site would not be changed by the request. and new sites would continue to be used for port purposes. Both the old 5. No significant adverse environmental impact has been identified. Planning and Building Department Reco~mendation The Jefferson County Planning and Building Department recommends that the revis- ion be approved. The revision will reduce aesthetic impacts, will allow for safe fuel tank filling, and can improve the efficiency of the land use. The conditions were revised as follows: 1 . An enclosure, including a roof, shall be placed around the tanks prior to dis- pensing fuel to marine vessels. The tanks shall be obscured from direct view by the enclosure. A chain link fence with slats is permitted. The oil and water separator may be deleted from the proposal. 2. The enclosure material and the fire, explosion, and emergency equipment assoc- iated with the facility shall be approved by the Port Townsend:Fir'e Chief prior to opening the fueling facility to the public. 3. Lighting of the facility shall not interfere with the safety of marine traffic. 4. The roofing material and color will be chosen to minimize visual impacts from uplands. 5. Pumping equipment shall be equipped with anti-siphon devices to ensure that the fuel tanks will not drain due to a break in the fuel lines. Farmer's Home Administration Request for Environmental Informat'ion. Councilmember Kenna made a motion to approve submission of the information prepared by the Econ- omic Development Council of Jefferson County and authorize the Mayor to sign the document which was seconded by Councilmember Camfield and passed unanimously by voice vote. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:55 PM. 63=D II Mayor Attest: J~~ Clerk-Treasurer