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HomeMy WebLinkAbout02/20/1990 375 MINUTES OF THE SPECIAL SESSION OF FEBRUARY 13, 1990, Cont. by representatives from CH2M Hill, the Mayor and City Clerk. I Francesca Knowles was recognized and expressed her opposition to the city allowing septage to be dumped at the treatment plant. She alleged that the city would be required to serve 43,000 people as Jefferson County grows and the city will have no control over its the use of the plant. Steve Hayden was recognized and asked how the City can withdraw from the agreement with the county and Cape George. fJ[ayor Shirley indicated this is a question only the city att:orney can answer. Mr. Hayden explained that if the city withdraws it will solve a lot of problems in the area. Milton Foss was recognized and explained the election process in Cape George for participation in the use of the City sewage treatment plant. ADJOURNMENT There being no further comments by the public or the city council, the meeting was adjourned at 8:48 PM. .I ---M\ðM~ Mayor -- Attest: I ~~ City Clerk MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990 The City Council of the City of Port Townsend met in regular session this Twentieth day of February, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield,. John Clise, Mike Kenna, Julie McCulloch, Norma owsley and Sheila Westerman. Councilmember Vern Jones was excused. Also present were Clerk- Treasurer David Grove, City Attorney Keith Harper, Public Works Director Ted Stricklin, Director of Planning and Building Michael Hildt and Planner Kevin O'Neill. PUBLIC COMMENTS I Mayor Shirley announced that over the weekend a flyer was circulated around town with some erroneous information about the city's plans for the sewer treatment plant. He explained that the ci ty has prepa,red a f~ct she.et - which. h_q.s b.~~n - p,a!3sed out .)j,.sJ;Jl1Q Jl'V.L ~ d.l;\":ULcn:e l1U!ðrma t:lon. He Expl f ined that it has neVer beG.. the intent of the city or the Jefferson County Commission ~rs to serve ~ ~opulation of 43,000 people with the treatment plant. He lndlcated that the county sees the deli~ry of septage to the treatment plant as only a short term sQ~ution until a regional treatment facility is built in the count¥: , Cheryl Van Dyke was recognized and invited the city council to attend the Region 8 Tourism Council meeti~g on Friday, February 23, 1990, at the Shang Hai Restaurant at noon. 376 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20,1990, Cont. Joshua Sage was recognized and requested that recycling containers be placed throughout city Hall. He complemented the council in the manner that they represent the citizens and also expressed his approval of the Jackson Bequest Sculpture. Peter Bonyun was recognized and requested that the city send a letter to the Jefferson county Commissioners in support of their grant application to the Centennial Clean Water Fund to study the feasibility of a solar aquatic septage treatment facility at the county landfill. He explained the system to those present. I Zygmund Spindor was recognized and asked how the city became invol ved with the Cape George Sewer District. Mayor Shirley explained that the city was asked by the Department of Ecology to cooperate with the Cape George Sewer District to help solve their sewer problems. Mr. Spindor asked if the city is expected to carry the burden of their cost and Mayor Shirley said no. Councilmember McCulloch explained that they will pay a prorated share of the operating expense in addition to $308,000 as their share of the construction costs. Francesca Knowles was recognized and asked if there will be another hearing on the Secondary Sewer Treatment Facility. Mayor shirley explained that there will be another workshop meeting to educate the City Council further on the treatment plant issues. She explained that she wrote the flyer referred to earlier. BID OPENINGS The following bids were opened to supply the city with chlorine: PENWALT INCON $.355 per Pound $.355 per Pound I Mr. Grove explained that in the past when the city has had this kind of duplication, one part of the contract has been awarded to one firm and the balance to the, other firm. There are two departments involved, Water and Sewer, whose demands are approximately equal. Councilmember Kenna made a motion to that effect which was seconded by Councilmember Camfield and passed unanimously by voice vote. The following bids were opened to supply the city with a power sweeper: Alternate $101,000.00 94,000.00 SAHLBERG Alternate $121,940.49 109,204.63 VKM Mayor Shirley suggested that the bids be reviewed by Ted Stricklin and discussed later on the agenda. The following bid to supply the city with a grader was opened: SMITH TRACTOR AND EQUIPMENT CO $114,860.90 I Mayor Shirley gave the bid to Mr. Stricklin to review. The following bids were dumptrucks: opened to supply the city with two MORGAN BROTHERS TRUCK CENTER CORPORATION SEATAC FORD TRUCKS $93,788.01 93,000.00 99,248.77 Mayor Shirley gave the bids to Mr. Stricklin to review. 377' MINUTES OF THE REGULAR SESSION OF FEBRUARY 20,1990, Cont. UNFINISHED BUSINESS variance Application No. 8912-08 and conditional Use Permit Application No. 8911-05 - Discovery View Associates. Mr. O'Neill reported that a meeting was held between the applicant and the residents of the immediate neighborhood to discuss concerns. A revised site plan and cover letter dated February 14, 1990, has since been presented to the city in response to those concerns. He then reviewed the proposed changes. Councilmember Camfield excused herself from the room at this time due to a conflict of interest with this application. Chuck McCaffery was recognized and spoke in favor of the revisions thanking the city council for the opportunity to work out their differences with the devE~loper. Len Brannen was recognized and spoke in favor of their proposed changes. Cindy Hall was recognized and asked if a gravel road in the 12th Street right-of-way would accomplish the concerns of the Fire Chief. Fire Chief Howard Scott was recognized and explained that he would like to have all four streets surrounding this development opened to enable firetrucks to come in from more than one direction to serve the project. After a brief discussion during which it was suggested that improvement to lOth would solve the problem of fire equipment delays, Councilmember Kenna made a motion that the mitigation measures for the declaration of non- significance on this project be modified as follows which was seconded by Councilmember Clise and passed unanimously by voice vote. I Mitigating Measures: I 1. The proponent shall preserve the existing trel3S abutting Rosecrans Street. 2. All exterior lighting shall be 'hooded to prevent glare to adjacent properties. 3. Hancock Street shall be developed by the applicant from 9th Street to 12th Street in accordance with the Port Townsend City Design Standards. The sidewalk shall be developed as shown on the site plan submitted by the applicant dated February 13,1990. 4. Rosecrans street shall be improved to a 24-foot-wide paved surface between loth and 12th Streets. 5. loth Street shall be developed to a 22-foot-wide graveled and ballasted surface, with 3-foot shoulders on each side, between Hancock and Rosecrans Streets. 6. The interior driveways and parking areas on the site shall be paved. Councilmember Kenna made a motion that the council adopt the following findings and conclusions, and approve the conditional use permit under the following conditions which was seconded by Councilmember Clise and passed unanimously by voice vote. I Findings: 1. The applicant proposes to construct a 74-unit congregate care facili ty on a piece of property described a:s Block B, Eisenbeis Addition. The property is located in the R-IA zoning district. While there is no designation in the Port Townsend zoning code for a congregate care facili1:y, the code provides a use designation for a retirement home, which is defined as "a place of residence for several families or individuals in apartment-like quarters. . . which may feature services to retireq persons such as limited nursing facili ties, minimum maintenance living accommodations, and 378 6. MINUTES OF THE REGULAR SESSION OF FEBRUARY 20,1990, Cont. recreation programs and facilities." (17.08.225, Port Townsend Municipal Code) The character of the applicant's proposed project is consistent with this use classification. A retirement home is permitted as a conditional use in the R-IA zone. 2. The applicant proposes a two-story facility which would include on-site food service and a common dining room, laundry service, and an arts and crafts and activity center. The 74 units would be divided into 6 studios, 54 one-bedroom units, and 14 two-bedroom units, for a total of 88 bedrooms. The applicant states that the building would have 24-hour security and be staffed by a manager and approximately 10 employees from 8:00 am to 5:00 pm, 6-8 employees between 5:00 pm and 11:00 pm, 2-3 employees from 11:00 pm to 8:00 am, Monday through Friday; and 6-8 staff members on week-ends. The proposed project would be financed through the Farmer's Home Administration. I 3. The subject property is bounded by Rosecrans street to the west, 12th Street to the north, Hancock Street to the east, and loth street to the south. The dimensions of the property are 466 feet by 466 feet, for a total area of approximately five acres (217,156 square feet). The building proposed by the applicant would have a gross floor area of approximately 68,000 square feet, with a building ground coverage of approximately 35,000 square feet, or 16 percent lot coverage. The height of the proposed building would be 27 feet. The bulk and dimensional requirements of the zoning code restrict development in the R-IA zoning district to a height of 30 feet and a maximum lot coverage of 35 percent (17.20.010, Port Townsend Municipal Code). The site plan submitted by the applicant meets these requirements. I 4. The land surrounding the subject property on all sides is zoned R-IA. There is single-family residential development abutting the site to the west, south, and southeast; the property surrounding the site to the north and northeast is currently vacant and undeveloped. Jefferson General Hospital is located approximately one-quarter mile to the east of the site, and Castle Hill Shopping Center is located approximately one-quarter mile to the southeast of the property. The residential density of the proposed development would be approximately one dwelling unit per 3,000 square feet of lot area. If this site was to be subdivided under the provisions of the City's subdivision code, it would be possible to create a maximum of 30 lots of 7,200 square feet on the subject property. 5. The applicants propose 37 off-street parking spaces, with another 37 spaces to be reserved on the site. On January 2, 1989, the City Council passed Ordinance 2175, which amends the off-street parking requirements in Title 17 of the Port Townsend Municipal Code. In section 8 of Ordinance 2175, the off-street parking requirement for government assisted housing for the elderly is 1 space per 3 bedrooms, subject to the following criteria: I "Sufficient land area must be reserved to provide parking as a multi-family residential use in the event the development is later converted, public transit service must be available within two hundred feet (200') of the main entrance to each building, and sidewalks must be installed to and along each street frontage. If public transit service is not available to within two hundred feet (200'), the parking requirement shall be 1 space per bedroom." I I I " 379 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. The public transit stop closest to the subject property is located at 9th and Hancock Streets, approximately 300 feet from the main entrance to the building. Therefore, the off- street parking requirement for the proposed building is 88 spaces, plus a reserve of an additional 23 spaces (74 units x 1.5 spaces, which is the requirement for a multi-family development). The applicant has applied for a variance from this parking requirement. 7. The subject property is surrounded by four streets: lOth, 12th, Rosecrans, and Hancock. The site plan submitted by the applicant dated January 2, 1990, proposes that ingress and egress to and from the site would be provided by t~vo driveways from Hancock Street, one driveway from 10th Street, and one driveway from 12th Street which would serve as a fire lane to provide access for emergency vehicles. The right-of-way width of the four street surrounding the site is 60 feet. The developed width of Hancock Street abutting the property is approximately 18 feet, as is the developed width of Rosecrans Street; 10th and 12th streets are currently undeveloped abutting the site. Hancock Street would provide the primary access point to the site. Hancock Street runs nor1:h to south, and intersects with state Route 20, the primary t~horoughfare serving the city, approximately one-quarter mile 8outh of the subject property. Hancock Street is open and developed between State Route 20 and the site, although it is not developed to City street standards north of 9th Street. 8. Based on data from the Institute of Transportation Engineers (ITE), a retirement community generates 3.3 trip emds per day for each occupied unit. Therefore, a 74 unit facility at full occupancy would generate approximately 244 trips per day. Comparatively, ITE data shows that a single-family dwelling generates 10.03 trips per day, while an apartment unit generates 6.11 trips per day. The applicant is required to develop Hancock Street to City Design Standards pursuant to the Mitigated Determination of Nonsignificance issued by the City Council on the project. 9. The applicant proposes a building with wood siding and asphalt composi tion roofing. The site plan submitted by the applicant dated January 2, 1990 shows landscaping proposed along lOth and Hancock Streets adjacent to the proposed building, as well as two resident garden areas. The applicant states that the architectural theme of the building will be chosen to best be compatible with the surrounding single family residential construction. 10. At its meeting of December 19, 1989, the City Council issued a Mitigated Determination of Nonsignificance (DNS) for the project after review of the environmental checklist submitted by the applicant pursuant to the Washingrton State Environmental Policy Act. The mitigating conditions added to the DNS by Council direct the applicant to preserve the existing trees on the site abutting Rosecrans stree!t; hood all exterior lighting to prevent glare to adjacent properties; develop 12th Street between Rosecrans and Hancock streets; and develop Hancock Street between 9th Street and 12th Street in accordance with the Port Townsend City Design Standards, including a sidewalk. Conclusions: 1. The proposed retirement home use of the subject property will not endanger the public health or safety, nor will a nuisance be created. 380 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. 2. The proposed meets all of the conditions and specifications set forth in the R-IA zone in which the property is located. The proposed use, developed under the conditions specified herein, will not be injurious or detrimental to adjoining or abutting property. I 3. 4. The applicant proposes to design and construct the building in a way which is consistent with the surrounding single- family residential development. The Port Townsend Comprehensive Plan also states that itA broad range of housing types and densities should be available for Port Townsend residents. The diversification of housing types should satisfy a variation of lifestyles and economic capabilities." Therefore, the location and character of the use, developed under the conditions specified herein, will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. Conditions: 1. The applicant's parking plan shall conform to the requirements and specifications of Ordinance 2175, unless a variance from the required number of parking spaces is granted by the city Council. 2. The applicant shall enter into a contractual agreement with the City which stipulates that, should the City Council find at some future time that the parking requirement proves to be inadequate to serve residents, guests, and employees of the facility, the applicant (or successors) shall develop up to a total of 111 off-street parking spaces. The applicant should reserve adequate land for this purpose. The site shall be landscaped to buffer the use from adjacent single-family residential uses. A final landscaping plan shall be presented to and approved by the City Council. I 3. 4. Upon demolition of the existing buildings, a soil survey will be done on the site prior to construction of the retirement home, and the results of said survey shall be used to determine the design of the foundation and storm water drainage system for the proposal. 5. The applicant shall work with the manager of the Jefferson Transit Authority to design and provide safe and convenient access and boarding for Dial-A-Ride transit service to the site. 6. Any subsequent change or addition to the site plan shall first be submitted for approval to the city council. If in the opinion of the city council such change or addition constitutes a substantial alteration of the original plan, the site plan shall be remanded to the planning commission for review. 7. If a building permit or occupancy permit is not obtained for the subject property wi thin one year of the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. I 8. Hancock Street shall be developed by the applicant from 9th Street to 12th Street in accordance with the Port Townsend Ci ty Design Standards. . The sidewalk shall be developed as shown on the site plan submitted by the applicant dated February 13, 1990. 9. 10. I 11. 12. 13. 381 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. . Rosecrans Street shall be improved to a 24-foot:-wide paved surface between 10th and 12th Streets. loth Street shall be developed to a 22-foot-wide qraveled and ballasted surface, with 3-foot shoulders on each side, between Hancock and Rosecrans Streets. Fire hydrants shall be located on the site in accordance with the recommendations of the Fire Chief. The interior driveways and parking areas on the site shall be paved. The project shall be developed by the applicant in accordance with the site plan dated February 13,1990. After further discussion, Councilmember Kenna made a motion that the council adopt the following findings and conclusions and grant the variance which was seconded by councilmember McCulloch and passed unanimously by voice vote. Findings: 1. I 2. 3. I The applicant proposes to construct a 74-unit cong'regate care facility on a piece of property described as Block B, Eisenbeis Addition. The property is located in the R-IA zoning district. The applicant proposes 37 off-street parking spaces, with another 37 spaces to be reserved on the site. On January 2, 1989, the City Council passed Ordinance 2175, which amends the off-street parking requirements in Title 17 of the Port Townsend Municipal Code. Under the provisions of the ordinance, the off-street parking requirement for the proposed project would be 86 off-street parking spaces, with a required reservation of an additional 25. Because the applicant proposes to develop less parking spaces than required in the ordinance, a variance is required. A description of the project and project site are found in Findings of Fact 1-10, conditional Use Application 8911-05, Discovery View Associates. In Section 8 of Ordinance 2175, the off-street parking requirement for government assisted housing for 1:.he elderly is 1 space per 3 bedrooms, subject to the following criteria: "Sufficient land area must be reserved to provide parking as a multi-family residential use in the event the development is later converted, public transit service must be available within two hundred feet (200') of the main entrance to each building, and sidewalks must be installed to and along each street frontage. If public transit service is not: available to wi thin two hundred feet (200'), the parking ¡requirement shall be 1 space' per bedroom." The public transit stop closest to the subject property is located at 9th and Hancock Streets, approximately 300 feet from the main entrance to the proposed building. Therefore, the project does not meet the criteria. Since the proposed project would have a total of 88 bedrooms, the off-street parking requirement is 83 spaces, plus a rese~rve of an addi tional 23 spaces for a total of 111 ( 74 units xl. 5 spaces, which is the requirement for a multi-family development) . If the main entrance of the proposE:!d building was wi thin 200 feet of a publi.~ transit stop, t,he parking requirement would be 29 spaces, ~ith an additional reserve of 82 spaces required. r 382 4. 5. 6. MINUTES OF THE REGULAR SESSION OF FEBRUARY 20,1990, Cont. . 4. The dimensions of the proposed site are 466 feet by 466 feet, for an area of 217,156 square feet. The proposed building covers approximately 35,000 square feet, or 16 percent of the site. The applicant proposes that 37 parking spaces be located on the southeastern portion of the site adjacent to the proposed building, with a reserve area for an additional 37 spaces on the northeastern portion of the site. The applicant proposes to preserve the western and northern portion of the site as landscaping and open space. I 5. The applicant states that studies throughout the west coast indicate that approximately 25 percent of residents of elderly housing drive automobiles. The applicants also state that reduction in the required number of parking spaces would reduce the amount of impervious surface and increase landscaping. Parking generation data by the Institute of Transportation Engineers (ITE) for elderly housing projects range from 0.11 to 0.48 spaces per unit, with the heaviest rates being week-ends due to visitors. These data are taken from four projects in the suburban Chicago area ranging from 51 to 203 units. Conclusions: 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 2. The site is located close to shopping and services, and is within 300 feet of a public transit stop. The applicants also have adequate room to provide reserve parking of 74 additional spaces if it is necessary to develop more than 37 spaces. Therefore, special conditions exist which are peculiar to the subject property and are not applicable to other lands in the district. I 3. The variance requested would not confer a special privilege to the subject property that is denied to other lands in the same district. In that the additional area is available on the site to develop more parking if needed, the granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The reasons set forth in the above-referenced application justify the granting of the variance and the variance is the minimum variance that will make possible the reasonable use of the land. Because the granting of the variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, and in consideration of the fore-mentioned findings and conclusions, the City Council finds that the above-referenced application be granted. I BID AWARDS Mr. stricklin explained that the appropriation for the two dump trucks was $104,000 and recommended that the council accept the bid from Truck Center Corporation for $93,000.00. Councilmember Clise made a motion to that effect which was seconded by Councilmember Camfield. Mr. Stricklin explained that they are promising a seven month delivery, but also noted that Morgan Brothers are offering a five month delivery at the next highest bid of $93,788.01. Because of the two month earlier delivery, the city would save rental costs of over $1,000 per month, Councilmember Clise withdrew 383 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. his previous motion and Councilmember Camfield her second. At this point the City Attorney was sought for an opinion about the legality of not accepting the lowest bid. I Mr. Stricklin reported that $125,000 was appropriat:ed for the grader and recommended that the council accept the only bid at $114,860.90 from smith Tractor and Equipment Co. Councilmember Clise made a motion to that effect which was seconded by Councilmember Camfield and passed unanimously by VOiCE! vote. Mr. stricklin reported that $110,000 was appropriated for purchase of the sweeper and explained that there are actually four different alternates to evaluate and recommended that this award Joe held over to the next council meeting so that they can really study the specifications on each. Councilmember Clise made a m01:ion to that effect which was seconded by Councilmember Westerman and passed unanimously by voice vote. CONSENT AGENDA Councilmember Kenna made a motion to approve the following items on the Consent Agenda which was seconded by Councilmemher Camfield and passed unanimously by voice vote. Approval of the Minutes for February 6, 1990, with the following amendment without reading: Page 372, Excavation Permit for Robert Vig: The motion was that the council issue a Mitigated Declaration of Non-Significance with the following mitigating measures: Mitigating measure: I Any material or trash except soil, broken concrete, and asphalt paving must be removed and taken to the Jefferson County landfill. 1. The proposed fill must be done in conformance with the map and plan submitted by the applicant dated January 22 ' 1990. Approval of the following Bills and Claims: 2. Current Expense Street Library Library Construction Park Emergency Medical Services Capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Total Setting Hearings: I $ 4,814.90 4,614.47 1,374.84 93,342.72 210.32 295.40 1,859.34 40,076.02 3,593.20 16.922.68 $167,103.89 Variance Application No 8911-02 -Dobzinsky for 3-6-90. Variance Application No 8912-01 -Admiral Marine for 3-6-90. Conditional Use Permit No 8912-03 -Bird/Lloyd for 3-6-90. Adoption of Resolution: RESOLUTION NO 90-23 A RESOLUTION OF THE CITY COUNCIL OF THE Crl'Y OF PORT TOWNSEND AUTHORIZING A LATECOM]~R UTILITY CONTRACT PURSUANT TO RCW 35.91. 384 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. James Mathias has agreed to construct an eight inch sewer line in Oak street from Taft street north a distance of 260 feet within the City of Port Townsend. Communications: A memorandum dated January 23,1990, from Jackie Simmons, Olympic Region, Washington State Department of Natural Resources, naming the City of Port Townsend as the appropriate lead agency for the conversion of Forest Land to residential use by the John Henry Doll Estate was copied for Council and referred to the Legislative/ Environmental Committee. I An Environmental Checklist dated January 24, 1990, from William Amburn to construct a two story, 11 unit apartment house with daylight basement parking garages on Grant Street between Eighth and Ninth Streets was copied for council and referred to the Legislative/Environmental Committee. A letter dated February 2, 1990, from Gordon Stubb protesting the license fees charged for each vending machine was copied for Council and referred to the Finance Committee. A letter dated February 2, 1990, from Jim Prince requesting permission to cut down a fir tree in front of 504 Maple Street was copied for Council and referred to the Street/storm Drainage/Light Committee. A letter dated February 3, 1990, from Mark Saran requesting that the city join him in vacating a road easement at the west end of Reed Street at Adams Street was copied for Council and referred to the Planning Commission. I An Environmental Checklist copied for Council on February 5,1990, for the City of Port Townsend to convert the wastewater treatment plant from a primary treatment plant to a secondary treatment plant in accordance with the administrative order for secondary compliance issued by the Washington Department of Ecology was referred to the Legislative/Environmental Committee. A letter dated February 6, 199~, from Jeffery A Michel enclosing copies of letters from other property owners in the area requesting water service from the City of Port Townsend approximately one to three-quarters of a mile so~th of Hastings Avenue on Jacob Miller Road was copied for Council and referred to the Water/Sewer Committee. A letter dated February 6, 1990, from David A Grove to Michael D Earley, Port Townsend Golf Club, citing financial obligations to the City was copied for Council. A letter dated February 8, 1990, from Greg Bennett requesting permission to plant trees in the alley way behind his property at 123 Milo Street was copied for Council and referred to the Street/ Storm Drainage/Light Committee. A letter dated February 12, 1990, from David Goldsmith, Director, Jefferson County Planning and Building Department, thanking the Mayor and Councilmembers for the use of the Council Chambers for a Shoreline Hearings Board Hearing was copied for council. I A letter dated February 13, 1990, from Bart Phillips, Executive Director, Economic Development Council of Jefferson County, enclosing the proposed 1990 contract for services between the City and the Economic Development Council was copied for Council and referred to the Finance Committee. 385 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. An article dated February 14,1990, published in the DalÏly Journal of Commerce, Seattle, WA, by David Sucher entitled "Protect open space while there's still time" was copied for Council. I A letter dated February 14, 1990, from David B Haynes, AIA, Registered Architect, Design/Build Group, Architects, to Kevin O'Neill, Planner, listing the revisions for Discovery View Application 8912-08 as agreed upon by Discovery View and the neighbors was copied for Council and referred to Unfinished Business. A letter dated February 14, 1990, from David A Grove to Claudia Nissley, Advisory council on Historic Preservation, Nancy Zussy, State Librarian and Jacob Thomas, Office of Archaeology and Historic Preservation reporting on action taken by the! Council on the Port Townsend Library Expansion, Pink House Adhoc Committee findings and recommendations. A letter dated February 14, 1990, from Michael Kenna, Chair, Legislati ve/Environmental Committee, to Jackie Simmons ' Washington State Department of Natural Resources, regarding Forest Practices Application FP-02-10041 was copied for Council and refE~rred to the Legislative/Environmental Committee. A Forest Practices Application/Notification Number FP-02-10096 dated February 14, 1990, from Dan Yesberger to partially cut 44 acres of trees, ptn NE NW & Ptn NW NE, section 3, Twp :ION, Rge 1W, was copied for Council and referred to the Legislative/ Environmental Committee. I This concludes the Consent Agenda. BID AWARDS Mr. Ken Mcvitty from Sahlberg Equipment was recognized and explained the advantages of his equipment explaining t:hat it does not meet the cities specifications in every way because there is only one piece of equipment that does, that from the ot:her bidder. Mayor Shirley suggested that he meet with Mr. Stricklin. PUBLIC HBARING I Conditional Use Application 8911-06 -Dornan. Mr. O'Neill described the proposal and reported on the recommendation of t,he Planning Commission to approve the application with certain conditions. He explained that he has heard from the applicant this dab:! indicating that she would like to amend her application to reduce the request to two rooms from three. He explained that the state fire and safety requirements kick in when there are three or more units. Mayor Shirley opened the hearing to the audience but no testimony was offered, so he closed the hearing and turned the application over to the council for disposition. After a brief discussion during which it was noted that this house is also being used for church services on Sunday each week. The applicant indicated that this is short term only as they have purchased property at 19th and Sheridan for a church building. The applicant indicated that there will be an additional six off-street parking spaces constructed on the site of this bed and breakfast inn. councilmeml::>er Camfield made a motion that the council adopt the following findings and conclusions and approve the application under th~a following conditions which was seconded by Councilmember Owsley and passed unanimously by voice vote. Findings: 1. The applicants propose to establish a bed and breakfast inn in an existing single-family dwelling at 718 "F" street. The property is located in the R-I zoning~î~~~. On June 20, 386 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. 1989, the city council passed an ordinance amending the Port Townsend Municipal Code to provide a use designation and provisions for bed and breakfast inns. Under the ordinance, a bed and breakfast inn is allowed as a conditional use in the R-I zoning district. 2. The subject property is located on the northwest corner of "F" and Willow Streets. The property is described as Lots 1 and 3, and portions of Lots 2,4,5 and 6, Block 2, pettygrove's First Addition. The dimensions of the property are 130 feet by 110 feet, for a total area of 14,300 square feet. The site is surrounded by single-family residential development, and the property surrounding the subject property on all sides is zoned R-I. I 3. The existing residence on the subject property, the Henry Bash House, was constructed in 1885. The building has a legal and nonconforming rear yard setback. The residence is located outside of the Port Townsend Historic District; however the building has been listed on the National Register of Historic Places by the united States Department of the Interior. 4. The proposed bed and breakfast inn would have three sleeping units. Section 6 of Ordinance 2155 states: "A bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the owner's use plus one parking space for each guest room, provided that for a bed and breakfast inn in a building which is: a. Individually listed on the National Register of Historic Places, or b. Identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976; the required number of off-street parking spaces shall be reduced by the number of on-street parking spaces which are located on that portion of the public street right-of-way which is abutting the front and side lot lines of the property." I Therefore, the proposed bed and breakfast inn requires five off-street parking spaces. Because the building is listed on the National Register of Historic Places, this requirement may be reduced by the number of available on-street spaces abutting the property. There are five on-street parking spaces àvailable on the portion of Willow Street abutting the property. Therefore, no off-street parking is required. 5. Washington state law (RCW 70.62) provides regulations for transient accommodations having three or more units. Transient accommodations must meet regulations established by the Washington State Board of Health, the Washington State Department of Social and Health Services, and the State Fire Marshall. Conclusions: I 1. The proposed bed and breakfast inn use of the subject property will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed use will be required to meet all of the cond.tions and specifications set forth in the R-I zone in whJ..d1 the property is located, except for those legal, n~co~forming conditions which were in existence prior to the enactment of the Port Townsend zoning code in 1971. 387 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. 3. The proposed use will not be injurious or detrimental to adjoining or abutting property. 4. 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 Conditions: 1. The proposed bed and breakfast inn shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted in Chapter 17.34 of the Port Townsend Municipal Code. 2. Use of the property as a bed and breakfast inn is restricted to two guest rooms. If an occupancy permit is not obtained for the proposed use of the subject property within one year from the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. 3. COMMITTEE REPORTS Finance. Councilmember Owsley announced a committee meeting for 5:00 PM on Thursday, February 22,1990, in the Council Chambers of City Hall to consider a request from Mike Early on their desks this night along with the items from the consent agenda. I Water and Sewer. Councilmember McCulloch announced two meetings of the committee, March 1, 1990, at 5: 00 PM to meE~t with the Public Utility District to inform the City Council on what they are involved in as well as a waterline in Filmore Street and March 13, 1990, at 5:00 PM to review the Water Comprehensive Plan. Parks and Property. Councilmember Camfield reported that the committee did a walk through of the Bishop Park and adjoining property and requested that the rest of the council walk through the site as well. A special city council meeting at the park site was then announced for noon on Monday, February 26, 1990. Police/Fire/Animal Control. Councilmember Clise repor1:ed that the Committee met on February 13, 1990 with representatives from Bayshore Enterprises to update the commi t.!:~~ on thE~ status of animal control acti vi ties in Port Townsend ?'~óggést.3d that when emergency services are called for after hours, the recipient should be billed for the cost. Mr. Grove indicated that a change in the ordinances could be made to accommodate this. Council1lllember Clise reported that the current truck is in sad condition and may not last much longer. He announced another meeting of the committee to be held at 5:00 PM on February 27,1990, in the council chambers to go over proposed ordinance changes. I Proclamation. Mayor shirley proclaimed March 4 throuqh 10,1990, as "Teen Pregnancy Prevention Week". Septage Treatment Study. Mayor Shirley asked the council for a decision on whether or not to write a letter in support of the grant application requested by Peter Bonyun. It was the consensus of the Council that he should. Legislative/Environmental. Councilmember Kenna made a motion that the council issue a mitigated declaration of non-significance on the eleven unit apartment complex proposed by William Amburn provided the following measures are taken to mi tigatE~ the impact of the project which was seconded by Councilmember Camfield and passed unanimously by voice vote. 388 4. 5. 6. 7. 8. 9. MINUTES OF THE REGULAR SESSION OF FEBRUARY 20,1990, Cont. Mitigating Measures: 1. Grant Street shall be developed by the proponent from 8th to 9th Streets in accordance with City of Port Townsend City Design Standards. Ingress and egress to the project and interior landscaping shall be developed in accordance with Ordinance 2175. I 2. Councilmember Kenna made a motion that the council issue a mitigated declaration of non-significance on the proposal from Gary Coard, Coast to Coast, with the following mitigating measures which was seconded by Councilmember Camfield and passed unanimously by voice vote. Mitigating Measures: 1. Ingress and egress to the site shall be from Sims Way and 12th Street. Ingress/egress to and from Sims Way shall be restricted to one driveway, as shown on the site plan dated January 26, 1990. This driveway shall include a landscaped triangle barrier to restrict motorists exiting or entering Sims Way to right turns only. A "Right Turn Only" sign meeting the specifications of the Manual of Uniform Traffic Control Devices shall be placed next to the driveway. The driveway to Sims Way shall serve both this site and the adjacent McDonalds site, and be no closer than 200 feet from the entrance to the Safeway store to the west. Access to and from 12th Street shall be clearly marked using curbs, as shown on the site plan submitted by the proponent dated January 26, 1990. No driveway from 12th Street shall be closer than 100 feet from the intersection of 12th Street, San Juan Avenue, and Sims Way. I 2. 3. A ten-foot-wide parking lot landscaping berm with low plants and shrubs shall be developed by the applicant on the front property line; no more than five feet of the width of the berm will extend into the Sims Way right-of-way. The berm will include an irrigation system. A five-foot-wide sidewalk will be developed by the applicant within the SR20 right-of-way, adjacent to the parking lot berm. A ten-foot-wide landscaping strip between the property line and the traffic lanes of 12th Street shall be developed by the applicant in accordance with the site plan dated January 26, 1990. The interior of the site shall be landscaped in accordance with Ordinance 2175. No more than one freestanding sign will be erected and this sign will be a monument sign which will be no higher than six feet above finished grade. All outdoor lighting will be designed, placed, and, if necessary, hooded so as not to create glare that would impair the safety of automobile traffic or impact the Kah Tai Lagoon Park. I A fire hydrant will be installed by the applicant. precise location will be determined by the Fire Chief. All dumpsters will be secured and enclosed. The Councilmember Kenna explained that McDonald's mitigated declaration of non-significance will need to be modified as follows. He made 389 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Con~. a motion to that èffect which was seconded by Councilmember Camfield and passed unanimously by voice vote. Modified Mitigating Measure: I 12. McDonald's shall use its best efforts to develop a driveway across the parcel due east of the McDonald's site with a shared curb cut onto Sims Way at a point approximately 445 feet west of the intersection of 12th Avenue/San Juan Avenue and Sims Way or at a more westerly point if so dE!signated by the city Council prior to December 15, 1987. If developed, this driveway will be properly signed to restrict motorists exiting or entering Sims Way to right turns only, provided that, should a two-way left turn lane be developed along this area of Sims Way in the future, left turns will be permitted at that time. UNFINISHED BUSINESS ORDINANCE NO 2183 I AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO 1808 OF THE CITY OF PORT TOWNSEND, 'I~O CORRECT CERTAIN ERRORS AND OMISSIONS THEREIN BY VACATING THAT PORTION OF ROSECRANS STREE:T LOCATED BETWEEN DISCOVERY AND TWENTIETH STREE'I'; THAT PORTION OF ROSECRANS STREET LOCATE:D BETWEEN BLOCKS RAND S OF THE EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND; TH}I,T PORTION OF EIGHTEENTH STREET BETWEEN MCCLELLAND AND ROSECRANS STREETS; AND THAT PORTION OF NINETEENTH STREET BETWEEN MCCLELLAND AND ROSECRANS STREETS, ALL SITUATE IN THE CITY OF PORT TOWNSEND, WASHINGTON; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the council adopt Ordinance No 2183 which was seconded by CQuncilmember Camfield and passed unanimously by roll call vote. Bid Award. Mr. Harper ruled that the city council does have the option to accept the bid from Morgan Brothers to supply the city with two dump trucks if it makes a finding that 1:he savings incurred for the two months makes a saving of more than the difference in price. Councilmember Clise made a motion to that effect and accepting the bid of $93,788.01 from Morgan Brothers which was seconded by Councilmember Westerman .and passed unanimously by voice vote. ORDINANCE NO 2184 I AN ORDINANCE REZONING BLOCK 209 OF THE EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND, FROM R-II TO R-111 ZONING; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Harper explained the oversight which took place on completion of the process to complete this rezone. Mr Grovle read the ordinance by title. Councilmemþer Clise made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Owsley and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Clise made a motion t~a~ the Council adopt 390 MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 1990, Cont. Ordinance No 2184 which was seconded by Councilmember Westerman and passed unanimously by roll call vote. NEW BUSINESS ORDINANCE NO 2185 I AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $300,000 FROM THE WATER-SEWER FUND TO THE LIBRARY RENOVATION AND CONSTRUCTION FUND AND PROVIDING FOR REPAYMENT. Mr Grove read the ordinance by title. counci lmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2185 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Earthquake Analysis of City Hall. Councilmember Clise asked for a report of the progress on this analysis. Mr. Grove reported that the building has been surveyed, but no written report has yet been received. Open Space. councilmember Camfield asked the council to read the article from the Daily Journal of Commerce entitled "Protect open space while there is still time". Streets. A discussion ensued about access to old Discovery Road. I Legislative/Environmental Committee. Councilmember Kenna announced a committee meeting at 6: 30 PM on March 6, 1990, prior to the Council meeting. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve session to discuss the acquisition of real estate and pending litigation and requested the presence of Keith Harper, David Grove, Ted stricklin and Michael Hildt at 10:28 PM. The meeting reconvened at 11:50 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 11:50 PM. Mayor I 63 =tJ Attest: M~ Clerk-Treasurer