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HomeMy WebLinkAbout12/05/1989 318 MINUTES OF THE SPECIAL SESSION OF DECEMBER 4, 1989, Cont. ADJOURNMENT There being no more special business, Mayor Shirley declared the meeting adjourned at 10:40 PM. 6XD ) I Attest: kJ~ City Clerk MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989 The City Council of the city of Port Townsend met in regular session this Fifth Day of December, 1989, in the Council Chamber::; of City Hall, Mayor Brent S shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Public Works Director Ted Stricklin, Director of Planning and Building Michael Hildt and Assistant: Planner Kevin O'Neill. I PUBLIC COMMENTS Milton Foss was recognized and spoke against the inclusion of thE Cape George Sewer District in the plans for the Secondary Treatment Plant and cited the treatment of sludge from septic tanks as a problem in the operation of the plant. He explained that the proposed system for Cape George will leave the existing septic tanks in place and a piping system will take the run-off to the treatment plant in Port Townsend, meaning that the plant will have to treat septic waste which is much different than normal sewage, causes problems in the plant, and cannot be turned away to protect the plant. Joyce Cox-Webb was recognized and presented a plan to plant trees on Tyler Street from between Franklin and Clay Streets to F Street, and requested approval and matching funds from the Council so that the trees can be planted as soon as possible. The plan will be available to other citizens who have shown an interest in the project for their streets. Scott Walker was recognized and read from the Revised Code of Washington about trails and pedestrian right of way funds and stated that, by his calculation, about $1150.00 should be available for trails in Port Townsend. He also stated that according to the Revised Codes of washington, a trail plan should be authorized by the Council. I BUDGET HEARING Fire Chief Howard Scott was recognized and briefly spoke about his budget requests for 1990 and stated that those who had spoken at the 1990 Budget Hearing were all in support of the Fire Department. He answered questions asked by the Councilmembers stating that he 319 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont,. has requested more personnel in his budget requests and that it is needed. He will be not prepared for a new person until July after he has the new Firefighter/paramedic on staff and would like to keep the present part-time person until that time at lEast. After discussion of another employee and expanding the civil Service list, Councilmember Clise requested a comparison with other fire departments of cities of comparable size and the differE~nce between the paramedic and firefighter sides. Mayor Shirley referred the continuation of the Budget hearing to Unfinished Business. I CONSENT AGENDA councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. Approval of the Minutes of November 21, 1989, as written without reading. Setting Hearings: Conditional Use Permit No 8910-01 -Cook for Dec 19, 1989 Variance Application No 8910-02 -Cunningham for Dec 19, 1989 Approval of the following Bills and Claims: I Current Expense Street Library Library Renovation Park Arterial Street Hotel-Motel Emergency Medical Services Capital Improvement Water-Sewer Equipment Rental Firemen's Pension and Relief Total Adoption of Resolutions: RESOLUTION NO 89-89 $ 65,175.69 4,076.08 2,939.30 3,290.40 3,330.23 (957.07) 4,251. 26 805.12 80.85 9,850.94 4,943.83 189.70 $ 97,976.33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Oak Bay Water Association has agreed to construct six and Eight- inch water lines in the Oak Bay area in Jefferson County. RESOLUTION NO 89-90 A RESOLUTION OF THE CITY COUNCIL OF THE CI'I'Y OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. I Dominic Lizzi has agreed to construct a six-inch se'l7er line in Cleveland Street from 12th street to 13th Street. RESOLUTION NO 89-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Dominic Lizzi has agreed to construct a Six-inch water line in Cleveland Street from 12th Street to 13th Street. 320 MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. RESOLUTION NO 89-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. Street Vacation Application No 8909-05 from Glenn Wood on the proposed vacation of the portion of unopened Rosecrans Street extending from the southern boundary of First Street to the city Limits will be reviewed at a public hearing January 2,1990. I Communications: A letter dated June 15,1989, from Charles Peace, Control Officer, Olympic Air Pollution Control Authority, as notification of the contribution due in the 1990 Budget of $1489.00, was copied for Council and referred to the 1990 Budget Hearing. A memorandum dated July 1989, from the Board of Trustees, Northwest Administrators, Inc, reporting on the status of the Washington Teamsters Welfare Trust Fund and stating an anticipated increase in the contribution rates for 1990 was copied for Council and referred to the 1990 Budget Hearing. A memorandum dated July 26, 1989, from Kent E Swisher, Executive Director, Association of washington cities, as notification of the 1990 Association of Washington cities Service Fee of $2508.12, was copied for Council and referred to the 1990 Budget Hearing. A letter dated July 26,1989, from Lewis Leigh, Executive Director, Washington cities Insurance Authority, as notification of the 1990 assessment of $85,353.00, was copied for Council and referred to the 1990 Budget Hearing. I A letter dated August 30, 1989, from Kent E swisher, Executive Director, Association of Washington cities, listing the Association of Washington Cities Events in 1990 was copied for Council and referred to the 1990 Budget Hearing. A letter dated September 5, 1989, from Jack Westerman, President, Port Townsend Chamber of Commerce requesting funding from Transient Occupancy Tax Funds in the amount of $41,275.00 and including the Proposed 1990 Tourism Budget was copied for Council and referred to the 1990 Budget Hearing. A letter dated September 15,1989, from Kent stansbury, President, Mainstreet, requesting funding in the amount of $12,000.00 was copied for Council and referred to the 1990 Budget Hearing. A letter dated October 3,1989, from Ella M Sandvig, Administrator, Jefferson County Human services, requesting funding for the Community counseling Service and the Community Alcohol/Drug Abuse Center in the amount of $31,400.00 was copied for Council and referred to the 1990 Budget Hearing. A letter dated October 6, 1989, from Lois M Smith, Director, Juvenile and Family Court Services, requesting funding for Juvenile Diversion in the amount of $5,000.00 was copied for council and referred to the 1990 Budget Hearing. A letter dated October 24, 1989, from Bart Phillips, Executive Director, Economic Development Council of Jefferson County, requesting funding for the Economic Development Council Contract in the amount of $4,000.00 was copied for council and referred to the 1990 Budget Hearing. I A letter dated October 26, 1989, from Peter W Hanke, puget Sound Express, Inc, opposing the minimum parking space requirements for 321 MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. ferry landings in the Draft Parking and Loading Ordinance was copied for Council and referred to the Parking and Loading Ordinance under Unfinished Business for this meeting. I An Environmental Checklist dated November 11, 1989, for Discovery View Associates for a 74 unit senior congregate care project with living units and commons area including eating and kitchen areas on vacant land 270 feet north of the northwest corner of Ninth and Hancock Streets was copied for Council and referred to the Legislative/Environmental Committee. A letter dated November 21,1989, to Michael DiGuisto from Michael Kenna, Chairman, Legislative/Environmental committee, requesting a revision to the environmental checklist to fill Lots 2,4 and 6, Block 92, Original Townsite to include any subsequent development which will take place on the property was copied for Council. A letter dated November 21, 1989, from Calmar A McCune stating changes he would like to see in the parking Improvement Plan, a copy of his proposed ordinance and a copy of an article from the New York Times about the prediction of earthquakes was copied for Council and referred to the Parking and Loading Ordinance under Unfinished Business for this meeting. A letter dated November 22, 1989, from Jim and Rae Jeanine Campbell thanking the Council and the street Department for efficiently solving the "Cook Avenue" problem was copied for Council. I A letter dated November 22, 1989, from Kevin O'Neill, Assistant Planner, to William Toskey, General Manager, Port of Port Towns.end, including the Mitigated Determination of Nonsignificance for the proposed ballasting in the boat haven area and asking that the environmental checklist which was submitted as part of the Port's binding site plan documents be revised to include evaluation of the potential impacts of all the improvements which arl3 currently planned or proposed under the binding site plan was copied for Council. An environmental checklist dated November 27, 1989, from the City of Port Townsend Planning and Building Department for the sign code updating ordinance was copied for Council and referred to the Legislative/Environmental Committee. A letter dated November 27, 1989, from Kevin o'Neill, Assistant Planner, to Robert Vig requesting him to attend a meeting of the Legislative/Environmental Committee to consider the environmental checklist to fill a portion of the ravine on his prOpE!rty on Sims Way was copied for Council. A letter dated November 27, 1989, from Glenda Hultman Geerlofs, supporting the proposed changes in the Department of Natural Resources rules and regulations in regard to urban forest transition areas was copied for Council. I A letter dated November 28, 1989, from Michael Kenna, Chairman, Legislati ve/Environmental Committee, to Richard S Symms, President, Point Hudson Company, Inc, requesting that their environmental checklist be revised to address both phases of development, existing and proposed, and stating that the existing D\obile homes and recreational vehicles have been established 'lJ1Í thout the required permits was copied for Council A letter dated November 29,1989, from cindy Thayer, Chairman, HUD Loan Panel for Mainstreet, requesting additional money for allocation in 1990 was copied for Council and referred to the 1990 Budget Hearing. 322 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. A letter dated November 29,1989, from Cindy Thayer, Chairman, HUD Loan Panel for Mainstreet, to Mayor shirley requesting that he ask Jefferson County for community block grant funds as they become available was copied for Council and referred to the Finance Committee. This concludes the Consent Agenda. I PUBLIC HEARINGS Conditional Use Permit Application No 8908-01 -Sperry/Little. Mayor Shirley opened the hearing to the public. After explaining that he would like to cover the Shoreline Permit and the Condi tional Use Permit in the same meeting so that it can be considered as a whole, he continued the hearing to the next meeting. Rezone Application No 8909-01 -Hassrick. Mr O'Neill reviewed the findings and conclusions of the Port Townsend Planning Commission which recommended denial of the rezone. Mayor Shirley opened the hearing to the public. Philip Hassrick, Ted Shoulberg and Scott Walker were all recognized individually and spoke in favor of the rezone. Carl Dierich and Kay Dierich were recognized individually and spoke against the rezone. After a brief discussion, Council- member Camfield made a motion that the Council adopt the following findings and conclusions and deny Rezone Application No 8909-01 which was seconded by Councilmember Chang and passed unanimously by voice vote. Findings: I 1. The applicant proposes a rezone of Lots 1 and 2, Block 283, Eisenbeis Addition, from R-1A to R-III. The subject property is located at the southwest corner of Logan and Fourth Streets, and is approximately 200 feet south of Sims Way. There are two buildings located on the property: a single- family residence and an outbuilding. The applicant proposes to convert the existing single-family residence into a duplex and convert the outbuilding into a residence should the rezone be approved, for a total of three dwelling units. 2. The property to the north of the subject property is zoned C- II, while the property to the west and southwest is zoned R- 1A. A five-block area to the east and southeast of the subject property is zoned R-III. This property, which consists of Blocks 281, 282, 286, 287, and 288, Eisenbeis Additions, was rezoned from R-I to R-III in 1976. Over fifty percent of this property is currently vacant and undeveloped; however, a large quantity of this land, particularly on Blocks 281 and 288, is difficult to develop due to steep slopes. The rezone application, if granted, would have the effect of expanding this R-III zone. 3. The subject property is surrounded by a variety of land uses. The property is surrounded by single-family residential development to the east, south, and southwest. A single- family residence and a duplex are located across Fourth Street from the site; the development further to the north and the northwest is commercial development abutting Sims Way. A commercial development is located to the west of the site; this use was established prior to the enactment of the zoning code in 1971 and is legal and nonconforming. The property to the northeast is vacant and undeveloped. A multi-family housing development is located approximately two hundred feet to the southeast of the site. I I I I 323 MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. 4. section 17.16.010 of the Port Townsend Municipal Code outlines the purposes of each zoning district in the city of Port Townsend. The purpose of the R-1A zoning district, which is the present zoning designation of the subject property, is defined as "Exclusively a single-family residence district with adequate plot areas required and including the customary accessory and secondary uses, with agricultural use also allowed. II The purpose of the R-III zoning district, which is the proposed zoning designation of the site, is defined as "primarily a multiple family residence district with adequate plot areas required and including some single-family residences and the customary accessory and secondary uses.1I 5. There are currently 17.3 acres of land in Port Townsend which are zoned R-III. A land use survey undertaken of these areas indicates that 4.5 acres of the R-III land is developed as multi-family housing. Another 5.9 acres are currently undeveloped; however, approximately 2 acres of the undeveloped land would be difficult to develop due to severe slopes. The remaining portion of the R-III land is developed as single family residential. 6. The Port Townsend Comprehensive Plan presents several performance and locational standards for the siting of multi- family housing. The Plan states that multi-family housing should be compatible with the surrounding neighborhood; that it should be located to minimize traffic generation; that it should provide screened off-street parking; that it should be restricted from being utilized as a buffer betweerl other land uses; that it should be located in such a manner to preserve views; that it should be restricted from designatEd sensitive areas; that it should be located in areas wi 1:h sui table drainage, slopes, soils and utilities; and that it should be located so as to have a minimum impact on adjacent and surrounding areas. 7. section 17.16.010 of the Port Townsend Municipal Code lists the uses which are permitted in the various zoning[ districts. The uses which are allowed in the R-III zoning district, as either permitted or conditional uses, which are not allowed in the R-1A zoning district are listed as follows: Permitted Apothecary shop operated within a hospital, clinic or physicians' office Conditional Assembly halls, stadiums coliseums, Apartment House Colleges, business colleges, trade schools Catering establishments conducted as an incidental home occupation Convalescent and nursing homes for children or the aged Dwelling, multi-family Clinics Convalescent/nursing homes as a home occupation Hotels not catering to transient guests Dwelling, two family Libraries, museums, art galleries Incidental keeping of non-transient boarders by a resident family Lodges, social organizations Undertaking establishments, mortuaries, funeral homes 8. Signs The subject property is served by two streets: Logan and Fourth. The right-of-way width of Logan and Fourth Streets 324 10. ll. 12. MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. is 66 feet; the paved width of these streets abutting the subject property is approximately 20 feet. Logan street intersects with sims Way approximately 200 feet north of the site. 9. The site is served by City sewer and water facilities. A 4- inch water main is located in the portion of Fourth Street abutting the site, while a 6-inch main is located in Logan Street adjacent to the site. A fire hydrant is located on the southwest corner of Fourth and Thomas Streets, approximately 200 feet west of the property. An 8-inch sewer main is located in the portion of Logan street abutting the property. I The applicant states that there is a chronic need for rental housing units in Port Townsend, and that the residence on the property was originally constructed in 1942 as a multi-family residence. The applicant also states that proposed R-III zoning would be consistent with the surrounding zoning and conform with the neighborhood. In an informal telephone survey, realtors who are familiar with the rental housing market in Port Townsend expressed the opinion that rental housing in Port Townsend is in short supply, particularly for low/moderate income renters. The city Council has issued a Determination of Nonsignificance, dated October 17, 1989, after review of the Environmental Checklist submitted the applicant pursuant to the Washington state Environmental Policy Act (SEPA). The applicant states that a demand exists for rental housing in Port Townsend. The applicant has not submitted data supporting this conclusion, nor presented evidence or facts to justify the proposed zoning change. I Conclusions: 1. 2. 3. 4. 5. The property surrounding the subject property consists of a variety of zoning districts and uses. There is no multi- family development directly adjacent to the site; the development surrounding the subject property is predominantly single-family residential detached dwellings. Therefore, the proposed rezone would single out a small area for a use different and inconsistent with the surrounding zoning and land uses of the abutting properties. There is presently vacant land which is zoned R-III n close proximity to the site on which the proposed use could be located. The proposed zoning change would result in two lots on Block 283 being zoned for multi-family housing and the remainder being zoned for single-family housing. Several single-family residences are currently located on Block 283. Therefore, the proposed zoning change would not be consistent with the present zoning and land uses of the surrounding area. I The applicant has not demonstrated that housing and demographic conditions have changed to the extent that zoning of the subject property should be changed from single family to multiple family. In consideration of the aforementioned findings and conclusions, the City Council denies the above-referenced application. Parking Improvement Plan for Downtown. Mr Hildt stated that this is an advertised public hearing on a draft resolution. He then 325 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. I reviewed the recommendations of the Planning commission for the resolution. During a brief discussion, the plan was clarified as a "List" of possibilities only. Mayor Shirley opened the hearing to the public. Sheila Westerman was recognized and explained the parking improvement plan for downtown should be passed before the parking and Loading Ordinance is adopted and that there has been a lot of work already done by many citizens so that the! plan would not take months and months to do. Joshua Sage was recognized and stated that if parking was made a little more inconvenient, people would use bicycles more often and there would be less congestion. Steve Hayden was recognized and stated that any reference in the plan to "Flats" means the Lagoon area and strongly objected to such an idea for parking and that certain areas are set aside for park purposes only. He stated that peripheral parking should not be included in the ordinance because the plan refers to do,^rntown only. Dan Titterness was recognized and stated that employees should be encouraged to use peripheral parking areas all year round, not just the summer months as presently listed. Scott Walker was recognized and stated that if there was better pedestrian and bicycle access in town, parking spaces might be increased tremendously and it is something that should be included. Bob Sokol was recognized and stated that he has been involved in this from the start and that people leave town to shop elsewhere for selection and not just the lack of parking spaces. He also stated that to strike an equitable balance will be very hard to do and suggested that Taylor Street be made a pedestrian mall and that the present plan be called a downtown parking improvement list. There being no further testimony, Mayor Shirley closed the hearing to the public. After a lengthy discussion of the "list", the additional work needed, the draft parking ordinance, the list as a statement of intent by the Council, and short term and long term goals, Mayor Shirley appointed Sheila Westerman, and Councilmembers McCulloch and Clise to a committee to work on this for presentation at the Retreat. A meeting of this committee was set for December 12, 1989, at 5:00 PM at City Hall. I COMMITTEE REPORTS Legislative/Environmental. Councilmember Kenna made a motion that the Council make a declaration of nonsignificance f()r the Sign Ordinance which was seconded by Councilmember Camfield. and passed unanimously by voice vote. Councilmember Kenna reported that the Committee had met with DiGuisto Enterprises regarding their proposal to fill property adjacent to Memorial Field on Monroe Street and that additional information will be forthcoming. Councilmember Kenna made a motion that the council make a declaration of nonsignificance on the Binding site Pla.n Ordinance which was seconded by Councilmember Jones and passed unanimously by voice vote. I councilmember Kenna reported that Richard Symms, of the Point Hudson Company, has written to Council stopping action on their proposed Recreational Vehicle Park but the commi ttE!e is still pursuing the present illegal use. Mr Grove reported that Robert Vig had telephoned this afternoon in response to the letter sent to him by Mr O'Neill and that he would like to meet with the Committee on December 19, 1989, or whenever the next meeting is scheduled. Councilmember Kenna set a meeting of the Committee for December 12, 1989, at 5:00 PM to discuss the environmental checklisi: for RobeJ;"t Vig as well as the environmental checklist for DisGovery View Associates. Mr O'Neill is to confirm this meeting wi1::h Mr vig. 326 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. RESOLUTION NO 89-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING ACCEPTANCE OF A SANITARY SEWER EASEMENT AND THE PAYMENT OF CONSIDERATION THEREFORE IN CONNECTION WITH SEWER LID NO 1, AND RESCINDING RESOLUTION NO 89-47. I Mr Harper explained the resolution. councilmember Clise made a motion that the Council adopt Resolution No 89-93 which was seconded by Councilmember Jones and passed unanimously by voice vote. Street/Storm Drainage/Light. Councilmember Jones set a meeting of the Committee for December 18,1989, at 5:00 PM, that will include a request for a street light at 19th and Discovery. Water/Sewer. Councilmember McCulloch set a meeting of the Committee for December 14, 1989, at 5:00 PM, to discuss a letter from the PUD. UNFINISHED BUSINESS Conditional Use Permit Application No 8909-02 -Bay Vista. Mr O'Neill announced that since the last Council Meeting, the applicant has met with representatives of the Gateway Design Committee and has done some redesign work on the outside of the building but has not changed the interior floor plan. Council- member Camfield noted a letter she received dated November 28, 1989, from Gina E Hegg, in support of the issuance of a qonditional use permit for Bay vista and encouraging residential developments to break up the commercialism along the Sims Way corridor. After a brief discussion, Councilmember Camfield made a motion to adopt the following findings, conclusions and conditions and approve Conditional Use Permit Application No 8909-02 which was seconded by Councilmember Jones and passed by roll call vote with Councilmembers Camfield, Chang, Jones and Owsley voting in the affirmative and Councilmembers Clise, McCulloch and Kenna voting against the motion. I Findings: 1. The applicant proposes to construct a 3 story, 11 unit condominium located at 1805 Water Street. The subject property is located in the C-III zoning district. For purposes of the zoning code, a condominium is classified as a "dwelling, other multi-family" use. This use is permitted as a conditional use in the C-III zone. 2. The site consists of Lots 1,2,3, and 4 of Block 17, Hastings First Addition. The site is bounded by Water Street to the northwest, the Calhoun Street right-of-way and a tire store to the northeast, Port Townsend Bay to the southeast, and the Tides Inn Hotel to the southwest. The site is currently vacant and undeveloped. Because the site contains tidelands of Port Townsend Bay, approximately 12,000 square feet of the site is feasible for development. A bluff which slopes up to washington Street is located to the northwest of the site across Water Street. I 3. Several City of Port Townsend permits have previously been granted for the proposed condominium project. In January, 1986, the Port Townsend City Council approved a conditional use permit, a shoreline substantial development permit, and a preliminary subdivision application for the project as originally proposed. In August, 1986, a building permit was issued for the project. However, further analysis undertaken 327 MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. on the project subsequent to the issuance of the building permit showed that the project as originallY designed was not feasible to develop. While the design of the project was being revised, the building permit expired. Because a valid building permit no longer existed, the original conditional use permit also expired, necessitating a new application. In July, 1988, a new conditional use application was submitted for the proposed project, along with a variance applicat~ion and an application for a revised shoreline substantial development permit. These applications were approved by the city council on September 6, 1988. section 17.64.070 of the Port Townsend Municipal Code states ". . .if a building permit and/or occupancy permit is not obtained for the subject property within one date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void." A building permit was not sought or obtained for the project as of september 6, 1989; therefore, the second conditional use permit expired, requiring a new application to be submitted. I I I 4. The original project proposed a 12 unit condominium building with 22 parking spaces to be provided on-site and an additional 2 spaces to be leased from an adjacent property owner. The project was then revised in 1988 as: a 10 unit condominium building with 16 off-street parking spaces. The applicant is now proposing an 11-unit project with 17 off- street parking spaces. section 17.28.080 of the Port Townsend Municipal Code requires 1.5 spaces per dwelling unit be provided for a multi-family residential use. The off-street parking proposed by the applicant meets this requirement. The applicant is proposing that the off-street parking spaces provided for the use have dimensions of 9 x 19 feet, or 171 square feet. Section 17.28.010 of the Port Townsend Municipal Code requires that off-street parking spaces have a net area of not less that 200 square feet. A variance allowing the parking spaces to be 9 x 19 feet was approved by City Council in September, 1988. 5. 6. The Calhoun Street right-of-way adjacent to the site is currently open but not developed. The applicant proposes to improve the right-of-way to city standards. The proposed improvements would include landscaped planters, concrete sidewalks, ground-oriented lighting, and a stairway at the western edge of the right-of-way to provide public access to the beach. It was previously proposed that the sE!awall which is currently located on the waterward side of the property be extended across the Calhoun Street right-of-way; no extension of the seawall is proposed in the current application. Five to ten on-street parking spaces would also be developed as part of the Calhoun street improvement. Ingress and egress to and from the site will be provided by a two-lane driveway from Calhoun street and a one-lane driveway from Water Street. 7. Data from the Institute of Transportation Engineers' Transportation and Land Development indicat.e that a condominium development generates an average of 5.,4 trips per day per unit. Therefore, the proposed project, at full occupancy, could be expected to generate approximately 60 trips ends per day. 8. The project was originally designed to be built to a height of 29 feet above existing grade. This height limitation was placed as a condition to the original shoreline permit which was granted by City Council. The project was revised in 1988 to a building height of 31 feet, with an additional 6 feet for an elevator equipment enclosure to be located on the north side of the building. In September, 1988, the City Council 328 9. 10. 11. 12. MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. approved a revised shoreline substantial development permit, which included a condition limiting the building to a height of 31 feet above the existing grade. The height of the building as currently proposed is 31 feet, with the addition of two chimneys which would be 4 feet high and located on the southeastern and southwestern corners of the third floor roof. The height limit in the C-III zone is 50 feet. I The revised shoreline substantial development permit for the proposed project which was passed by the City Council in September, 1988, contains fifteen conditions. The conditions are listed in Appendix A, which is attached. The seawall adjacent to Port Townsend Bay abutting the subject property has been reconstructed, and a sidewalk has been built which runs along the top of the seawall. The applicant proposes to construct a new sidewalk along the western boundary of Calhoun Street which will connect to the existing sidewalk, both of which will lead to a stairway to the beach. The applicant also proposes to provide a landscaping strip between the existing sidewalk adjacent to Water Street and the proposed parking area, as well as between the building and the seawall sidewalk. On October 24,1989, an informal design review committee from the Port Townsend Gateway Project met to review the applicant's proposed building design. The committee recommended that the building design be modified. At its meeting of July 19, 1988 the City Council issued a Mitigated Determination of Nonsignificance after review of the environmental checklist submitted by the applicants pursuant to the Washington State Environmental Policy Act. I Conclusions: 1. 2. 3. 4. 4. The proposed multi-family dwelling use of the subject property will not endanger the public health or safety, nor will a nuisance be created. The proposed use will be required to meet all of the conditions and specifications set forth in the C-III zone in which the property is located. The proposed use will not be injurious or detrimental to adjoining or abutting property. The Port Townsend Comprehensive Plan states among its goals and policies that "a broad range of housing types and densities should be available for Port Townsend residents". The Plan also states that multi-family housing "should be located to minimize traffic generation and turning movements" and encourages "higher intensity residential use of upper level CBD commercial structures". Thus, there appears to be rationale in the Plan for both locating high density multi- family housing along arterial streets and for locating residential uses in the C-III zone. Therefore, the location and character of the use will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. I The Port Townsend Comprehensive Plan states among its goals and policies that "a broad range of housing types and densities should be available for Port Townsend residents". The Plan also states that multi-family housing "should be located to minimize traffic generation and turning movements". Thus, there appears to be rationale in the Plan for both locating high density multi-family housing along arterial I 329 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. streets and for locating residential uses in the C-III zone. Therefore, the location and character of the use will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. 5. The applicant states that he is willing to work with the Gateway Design Review Committee. In consideration of the aforementioned findings and conclusions, the City Council Grants the above referenced application as conditioned: 2. 3. 4. I 5. 6. 7. 8. 9. 10. 11. I 12. 13. 1. The project shall comply with all conditions attached to the revised Shoreline Substantial Development Permit, listed in Appendix A, as approved by the City Council on September 6, 1988. Protective covenants and condominium rules be established which prohibit the storage of boats, trailers, recreational vehicles and similar vehicles within the boundaries of the site. That a qualified professional engineer, familiar with local conditions, shall certify the design and construction of the seawall. The seawall shall be designed to meet a 100 year storm event. The seawall shall be flanked at the Tire Store property and connected to the motel seawall. The seawall shall be designed so as not to interfe!re with the movement of vehicles utilizing the waterward bay of the tire store. A qualified professional engineer shall certify thø design and construction of the storm water drainage system. This system shall be designed to meet a 25 year storm event. Parking along the western margin of Calhoun Street shall be limited to two hours during normal business hours. All security lighting shall be hooded to prevent glare to passing motorists or boaters. A public access sign shall be posted at the stairway on Calhoun Street. In consideration of the Fire Department concern for vegetation along the waterfront area being a hazard to proper ladder placement in case of fire, all landscaping along the waterfront walkway area shall be dense covering; but limited to minimal height generation types of no more than 1 to 2 feet in height. The final subdivision (condominium) plat shall contain a "Notice to Potential Purchasers" stating that the structure is adjoined by existing commercial use allowed in a C-III zone, and that those uses and any other uses permitted within a C-III zone may at some time be carried on. This notice shall be repeated in the protective covenants and condominium rules. The architect shall work closely with the fire and police chiefs to mitigate their concerns regarding public safety. The improvement of the Calhoun Street right-of-way shall be consistent with all City public roadway standards. 330 14. 15. 16. 17. 18. 19. MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. A final si te plan showing ingress/egress, parking, landscaping, and public access provisions shall by approved by City Council It is understood that the Uniform Building Code and Uniform Fire Code apply and must be met prior to occupancy. A final subdivision plat for the project shall be submitted no later than January 7, 1990. I If a building permit and/or occupancy permit is not obtained for subject property wi thin 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). The applicant shall provide a'fire hydrant for the project on the northeastern portion of the site, in conformance with city specifications and the Uniform Fire Code. The precise location shall be subject to the approval of the Fire Chief and Public Works Director. Final construction of the condominium building shall be undertaken in general conformance with the building elevations submitted by the applicant dated December 5, 1989, and attached as Exhibits 1, lA, and lB. Parking and Loading Ordinance. Mr Harper discussed the ordinance. Councilmember Clise made a motion to continue this until a future date when the parking plan is complete which was seconded by Councilmember Jones. Mr Hildt explained the problems for staff wi th both the parking and loading ordinance and the downtown parking plan being held. After discussion of keeping both together, the motion failed with Councilmembers Chang, Clise and Jones voting in the affirmative and Councilmembers Camfield, Kenna, McCulloch and Owsley voting against the motion. After discussion of ferry parking requirements, Mr Harper suggested that a final, completed draft of the ordinance be prepared for the packets for the next meeting. The Council then proceeded to discuss each suggested amendment for the Parking and Loading Ordinance (Fourth Draft). The consensus of the Council was to accept the amendments as proposed except for when Councilmember Owsley made a motion to adopt Amendment No 5 which amends section 6, which was seconded by Councilmember McCulloch and passed unanimously by voice vote and when Councilmember Clise made a motion to delete subsection (C) of Section 14 as in Amendment No 9, which was seconded by Council- member Camfield and passed unanimously by voice vote. After a further discussion of ferry landing requirements, it was the consensus of the Council that under "Ferry Landing" a conditional use permit would be required. It was also the consensus of the Council to delete No 34 which ties the downtown parking plan and the parking ordinance together. I Sewer Connection Ordinance. Mayor Shirley asked that this ordinance be held until the next meeting pending review by the City Attorney. I RESOLUTION NO 89-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING RULE CHANGES REGARDING URBAN/FOREST TRANSITION AREAS. Councilmember McCulloch made a motion that the council adopt Resolution No 89-94 which was seconded by Councilmember Jones and passed unanimously by voice vote. 331 MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 1989, Cont. 1990 Budget. Councilmember Owsley made a motion that the Fire portion of the budget be adopted as presented which was seconded by Councilmember Camfield and passed unanimously by voice vote. I NEW BUSINESS ORDINANCE NO 2172 AN ORDINANCE APPROPRIATING THE SUM OF $5,300 TO THE CURRENT EXPENSE FUND AND $7,500 TO THE WATER-SEWER FUND, MAKING FINDINGS, AND DECLARING AN EMERGENCY. Mr Grove explained the ordinance, that this is the first reading and that no action can be taken at this meeting. Mr Grove then read the ordinance by title. RESOLUTION NO 89-95 A RESOLUTION OF THE CITY COUNCIL OF THE CI~~Y OF PORT TOWNSEND AUTHORIZING THE MAYOR ']~O SUBMIT AN APPLICATION TO THE STATE OF WASH- INGTON FOR A LOCAL DEVELOPMENT MATCHING FUND GRANT IN SUPPORT OF THE PORT TOWNSEND GATEW}~Y PROJECT. councilmember Kenna made a motion that the Council adopt: Resolution No 89-85 which was seconded by Councilmember Clise and passed unanimously by voice vote. I ORDINANCE NO 2173 AN ORDINANCE RELATING TO REVENUE AND FINANCI~, SETTING FEES FOR VARIOUS BUILDING AND LAND USE APPLICATIONS, PERMITS AND SERVICES, ADDING A NEW SECTION AND AMENDING ORDINANCE NO 2050 AND SECTION 3.36.010 OF THE PORT TOWNSEND MUNICIP}~L CODE. Mr Hildt suggested that this be the first reading only and that a public hearing be set for the next meeting. Councilmember Camfield made a motion to that effect which was seconded by Councilmember Kenna and passed unanimously by voice vote. Mr Grove then read the ordinance by title. PUBLIC COMMENTS Tonna Bounds was recognized and explained the Mothers for H.E.L.P. (Help Everyone Learn Preparedness) project that she has started in her neighborhood and which our community needs for Emergency Preparedness on an individual home basis. COUNCILMEMBERS GENERAL DISCUSSION I Proclamation. Truitt Day. Mayor Shirley declared December 10,1989, as Walter Cape George Sewer Hookup. It was a consensus of the Council that a response to the problems of septic sludge in treatment plants as brought up be Milton Foss earlier in the meeting be addressed. Mayor Shirley responded that it is planned to ask Mr Foss to be present for the discussion of the Secondary Treatment Plant during the next meeting. Council Retreat on January 5. 1990. It was the consensus of the Council to ask an outside facilitator, Don Stastny, to conduct the Retreat if the cost is less than $1,000.00 including Hxpenses. 332 MINUTES OF THE REGULAR SESSION OF DECEMBER 5,1989, Cont. RESOLUTION NO 89-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Campbell Construction has agreed to construct a six-inch water line in Jackman Street from 49th street to 47th Street; in 47th Street from Jackman Street to Holcomb Street; Holcomb Street from 47~h Street 300 feet south within the city of Port Townsend. I RESOLUTION NO 89-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Campbell Construction has agreed to construct an eight-inch sewer line in Jackman Street from 49th Street to 47th Street; in 47th Street from Jackman Street to Holcomb Street; Holcomb Street from 47th Street to 45th Street within the city of Port Townsend. Councilmember Clise made a motion that the Council adopt Resolutions No 89-96 and 89-97 which was seconded by Councilmember Jones and passed unanimously by voice vote. EXECUTIVE SESSION Mayor Shirley announced an Executive Session at 11:25 PM to discuss pending litigation including David Grove, Keith Harper, Michael Hildt and Ted stricklin. The meeting was reconvened at 11:45 PM. "ADJOURNMENT I There being no further business, Mayor Shirley declared the meeting adjourned at 11:45 PM. . 63:t2 Attest: J~~ Clerk-Treasurer I