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Home My WebLink About05/17/1988 I I I 487 MINUTES OF T.!i~_J~J~U_~~~JL~~_~~J.QN__QI_MAY_JL.._1,~ß{L__------------- -------------------'--"'--'--------".-'-------' -- _"_'_n_----__-------- ...-.---..--..---- -- ----------,..- - ----- -.------------ . ¡ I The City Council of the City of Port Townsend met in regular session this seven- I teenth day of May, 1988, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL , I I Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, ! Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were City! Attorney Keith Harper, Public Works Director Ted Stricklin, Clerk-Treasurer David: Grove and Executive Administrative Assistant/Planner Michael Hildt. ' RESOLUTION NO 88-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPRECIATING THE DEDICATED SERVICE OF NANCY SLATER TO THE PORT TOWNSEND PLANNING COMMISSION AND THE CITIZENS OF THE CITY OF PORT TOWNSEND. Mayor Shirley presented Resolution No 88-44 to Nancy Slater which was approved by; endorsement. ¡ I PUBLIC COMMENTS ¡ i Les Skogman, owner ,of the Palace Hotel, was recognized and thanked the Council and the Police Department for the patrol on Saturday night that kept the noise level down. Mayor Shirley reported that an officer will be on duty weekends and a report ¡will be made to Council in the near future. ! I i , Sue Sidle, Chairman of the Library Board of Trustees, was recognized and gave the! 1987 Annual Library Report to the Council. Bonita Flagg, Manager of the Bayshore Animal She}ter;J was recognized and gave a ¡ copy of an article from the Seattle Post-Intelligencer about the role of animal. shelters. She also gave a copy of a letter she wrote to the editor of the Port ¡Townsend Leader including a report on the activity of the Animal Shelter. i CONSENT AGENDA. i Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. I , Approval of the minutes for May 3, 1988, and the Special Session of May 11,' 1988, as written without reading. " Approval of Bills and Claims presented: I I I i I I I i I ¡APproval of Appointments: I ¡LOiS Sherwood to Planning Commission effective May 15, 1988, until December 31, 1~89. ¡Communications: : A letter from Lewis E Leigh, Executive Director, Washington Cities Insurance Auth~ ority, dated April 26, 1988, was copied for Council regarding the Pet Protection League vs City of Port Townsend. Current Expense Street Park Emergency Medical Services Water-Sewer Storm and Surface Water Equipment Rental Tota 1 $ 5,238.12 4,224.20 851.59 1,068.20 25,257.30 409.20 2,974.97 $40,023.58 488 MINUTES OF THE REGULAR SESSION ,OF _MAY..l7, 1988,Cont. -.--- ....--....-- .'-' .. -------------..-' .. . ._- ..--, .-. --- -...- ,_..., '-0- - .---. - An environmental checklist for B G Sabo was copied for Council May 2, 1988, to allow Peninsula College to lease 2,300 Square Feet for an office, lab and class- room on the second floor of the Kuhn Building as 210 Polk Street. This was refer¡ red to the Legislative/Environmental Committee. A letter dated May 2, 1988, from Peter Badame, Manager, Jefferson Transit Authority, stating that Jefferson Transit will provide a-Free Fare Summer for Youth was copie~ for Council. IA letter dated May 4, 1988, from Bart Phillips, Economic Development Council, to Joe Wheeler, Centrum Foundation, was copied for Council stating that Farmers. Home Loan Administration is in receipt of the FmHA Loan package which will be processe~. ¡This was referred to the Finance Committee. I A letter dated may 12, 1988, from Cheryl Van Dyke for Renate Wheeler, Chairperson of the Tourism Promotion Committee of the Port Townsend Chamber of Commerce, askimg for an emergency appropriation of $5,000 in Hotel-Motel Tax moneys for reprinting 1100,000 copies of the Visitors' Guide was referred to the Finance Committee. IA memorandum dated May 12, 1988, from Keith Harper regarding a claim for damages by Jack V Frietas concerning the structure at 933 Tyler Street was referred to the Washington Cities Insurance Authority. I IA memorandum from Kevin O'Niell dated May 12, 1988, regarding an environmental checklist for Douglass and Nancy Lamy was referred to the Legislative/Environmental Committee. A letter dated May 13, 1988, from David Hero, outlining plans for development of the Quincy Street Ferry Dock now that the Port of Port Townsend has agreed upon a final lease was referred to the Street/Storm Drainange/Light Committee. This concludes the Consent Agenda. , I , 'Conitional Use Permit Application No 8802-03 -Medlicott. Mr Hildt reviewed the findings, conclusions, and recommendations of the Port Townsend Planning Commis- sion. Mayor Shirley opened the hearing to the public. Bill Medlicott and Joanna ¡Jackson were recognized individually and spoke in favor of the application. Chuc ¡Wallin was recognized and spoke against the application and presented the Council Iwith a memo of his objections. There being no further testimony, Mayor Shirley closed the hearing to the public and turned the application over to the Council for disposition. Councilmember Kenna made a motion that the Council approve Cond¡ itional Use Permit Application No 8802-03 with the following findings, conclusions and conditions which was seconded by Councilmember Owsley. After a brief discus- sion, the motion passed unanimously by voice vote. Findings: PUBLIC HEARINGS I 1 . Applicants propose to establish a four- bedroom bed and breakfast inn in their existing residence at 611 Polk Street. Although the Port Townsend Municipal Code does not make s~ecific provisions for bed and breakfast inns, a condi- tional use permit is required in lieu of specific requirements. The most appropriate use definition in the subject case appears to be "motor hoteP which is definèd as ". . . a specialized hotel designed and operated to pro- vide hotel services and accomodations to the motoring public and where the sleeping accomodations normally do not exceed one week's duration." (17.08. 325 Port Townsend Municipal Code). Although a "hotel" is defined elsewhere as containing five or more rooms, it is reasonable to interpret the definition of "motor hotel" separately inasmuch as this use is separately defined in a separate section and appears to contemplate a use that is different.ofrDm~a "hoteP as defined in 17.08.240. A motor hotel is permitted as a conditional use in the R-III zoning district irrwhich the subject property is' located. The subject property is on the northwest corner of Polk and Clay Streets. Genera lly, commerci a 1 development surrounds the property: an orthodonti st clinic to the north, a credit union across Polk Street to the east, a residen~e across Clay Street to the south, and an auto body shop adjacent to the property to the west. I 2. ,-------------.--,------------.---..--.------------------ ---------.-- --~---------- ------- ------- -------.---_u ----- -------~--------------------~-'._--------------------------------- .----- ---".-------._------- ~-- ----- I 2. 13. 14. I I 5. 6. 7. I 489 MINUTES OF THE REGULAR SESSION OF MAY 17, 1988, Cont. 1 I 3. The proposed motor hotel (bed and breakfast inn) is to have four sleeping units, two of which are to be in the house and two to be extablished in the detached! carriage house. Although, the carriage house is legal, non-conforming with j respect to setbacks, no expansion of either building is proposed. The propos~d four guest rooms require four off-street parking spaces in addition to the tw0 spaces required for the :personal residence (17.28.080 Port Townsend Municipal ¡ Code). One off-street parking space is available in the carriage house and I two additional off-steet spaces are proposed to be established on the site by leasing from the owners 'the existing paved area adjacent to the property on Polk Street. The appliqants propose to provide the remaining three required spaces through a joint-use parking agreement with Quimper Credit Union across Polk Street. A letter dated March 18, 1988, has been submitted from the Quim+ per Credit Union offering the use of three parking spaces between 6 PM and ¡ 9:30 AM daily. the proposed inn is primarily a "nighttime use" and the credit union is primarily a "daytime use" in the meaning of 17.28.060 Port Townsennd! Municipal Code, Joint Use. ¡cone 1 us ions I 11 . The City Council has issued on April 5, 1988, a Determination of Nonsignifi- cance after review of the Environmental Checklist submitted by the applicants pursuant to the Washington ,State Environmental Policy Act. The proposed motor hotel (bed and breakfast) use will continue the external appearance of. the existing structures. The proposed use of the subject property will not endanger the public health: of safety, nor will a nuisance be created. The proposed use will be required to meet all of the conditions and specifi- cations set forth in the R-III zone in which the property is located except for those legal, nonconforming conditions which were in existance prior to the enactment of the Port Townsend zoning conde in 1971. I I The proposed use will not be injurious or detrimental to adjoining or abuttin9 property. ! I The location and character of the use will be in harmony with the area in whi~h it is located and will be in general conformity with the Comprehensive Plan. I In consideration of the aforementioned findings and conclusions, the City Council grants the application as conditioned: Conditions 1. 2. I I I The Conditional Use Permit is granted for a renewable period of one year. 3. A properly executed lease agreement shall be concluded with the owners of the paved area adjacent to the north property line. Said lease shall be conditionèd and be in effect whenever the property is to be used for motor hotel (bed and breakfast) use and shall be extended as necessary for each year in which the i applicants wish to continue such use. A copy of the then current lease shall! be submitted to the City Council with each request for renewal of the Condit-! ional Use Permit. Said lease shall provide for exclusive use of this area fo~ vehicular parking of either the applicants or their guests and the applicants, shall place signs which clearly reserve the area for such use. . The applicants shall faithfully comply with the terms and conditions required! by the Quimper Credit Union for a joint use parking agreement and shall prese~t a properly drawn legal instrument to be recorded with the county auditor, executed by the parties concerned for joint use of off-street parking facil- ities and approved as to form and manner of execution by the City Attorney; , such inst~ument to be filed with the building inspector upon approval by the: City Council. (17.28.070 Port Townsend Municipal Code). Said agreement shal~ provide for clearly marking the three joint-use parking spaces as reserved for guests of the motor hotel (bed and breakfast inn) during the hours set forth: in the agreement. ' 4. The applicants shall supply to each guest an explanatory parking plan which, clearly indicates the location and hours of availability of each off-street I parking space designated for use by guests of the motor hotel (bed and break-! fast inn). ' 490 ,_MINUTES OF THE REGULAR SESSION OF MAY.17 ,1988, Co..lIt-,. 5. Applicable regulations of the Port Townsend Fire Department and the Jefferson County Health Department shall be met. 6. Use of the property as a bed and breakfast inn is restricted to four guest rooms. Variance Appli~ation No 8803-01 -?picer. Mr Hildt reviewed the findings, conclus- ions and recommendations of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. Chuck Wallin was recognized and spoke in favor of the application. George Harris, speaking for his sister, Rose Diamond, an abutting property owner,spoke against the application. There being no further testimony, Mayor Shirley closed the hearing to the public and turned the applica- tion over tQ the Council for disposition. After a brief discussion, Councilmember Camfield made a motiQn that the Council adopt the following findings and conclusiøns and deny Variance Application No 8803-01 which was seconded by Councilmember Chan~ and passed unanimously by voice vote. ¡Findings 1. The applicant has constructed a storage room addition (12' X 12') to the exis- ting attached garage of the single-family dwelling as 1830 Walnut Street. Because construction commenced without application for a building permit, the sideyard setbacks required by the Port Townsend Municipal Code (17.20.010) were not checked and the structure was built to within two feet of the south property line. The variance is sought to make the addition legal after the fact so that it may remain as constructed. ' 2. The subject property is in the R-I zoning district and has a non-conforming front setback which is presumed to be legally extablished as the house was co¡- structed in the same year in which the Port Townsend Zoning Code was enacted. The rear yard setback is apparently thirty feet (disregarding the twelve feet deep patio shown on the plot plan). A small storage shed of approximately eight by fifteen feet which is not shown on the plot plan is located in the northeast corner of the property. Although the application is incomplete wit~ respect to lot and building areas, the house and detached shed appear to cove1 approximately 2,094 square feet of the 7,500 square foot lot for approximately 28% lot coverage. I The subject property is on the southeast corner of Walnut and S Streets and is generally surroúnded by-sjrig}e-fæiily development. Lot 8, immediately adjacent to the south is currently vacant; the lot to the east is currently used for gardening and storage of an old school bus. 3. 4. A letter from Mrs Rose Diamond, dated April 14, 1988, was received April 4, 1988, and stated that she would like the building to adhere to the legal 'set- back. She is the apparent owner of Lots 3 through 8 and the east one-half of lot 2, which includes the property adjacent to the subject property fon the south and east. Two additional letters were also received from Mrs Diamond: A notarized letter, dated April 11, 1988, and a certified letter dated April 14, 1988. These letters reiterated opposition to the variance, requested that the storage shed on the northeast corner of the property also be required to I meet legal setbacks, stated that the lots south~ and east of the subject pro¡ perty are property of Ted and Rose Diamond, and stated further that the appli- cant, Frank Spicer, has not contacted them about using the abutting lots. Conclusions I 1 . I 12. I I , I ì 13. I i i i , The proposed variance would not amount to a rezone nor constitute change in tHe district boundaries shown on the official zoning map. I There are no special conditions or circumstances of the subject property whicH do not result from actions of the applicant which are peculiar to the subject property and which are not applicable to other lands in the district. Although the applicant would suffer the expense of reconstructing the addition if the variance requested is not granted, such expense is made necessary sole y by the failure of the applicant to make application for a building permit, violating Title 18, Buildings, Port Townsend Municipal Code. Accordingly, literal interpretation of the provisions of the Port Townsend Municipal Code would not deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). I I I I I J 491 --_._-----_k!~~~.:!I.LQ]= _J!!~__~~~LA~_~ESSIQ~__Qr.M_~Y_,l?_, J~§h_Cg_f!t._---_. ----~---- ---- ------'---'---_-__--_n--_-__.'__n_.u' ---",----" ,-.--'-----u_. -- .n -- ..,.----------.-.-.-------- 4. I I I I i Since Section 17.20.020 Port Townsend Municipal Code required that all build-I ings shall be a minimum of ten feet from any building on the same or adjacent! properties, the storage room addition deprives the owner of Lot 8 (abutting the subject property to the south) of three feet of development rights. Accord-; ingly, the granting of the variance would be detrimental to the public welfar~ and injurious to the property or improvements in the vicinity and zone in whiçh the property is located. I The variance requested would, if granted, confer a special privilige to the subject property that is denied to other lands in the same district. 5. 6. The reasons set forth in the above-referenced application do not justify the granting of the variance and the variance is not the minimum variance that will make possible the reasonable use of the land. i 7. Because the granting of the variance would not be in harmony with the general: purpose and intend of Title 17 (zoning) of the Port Townsend Municipal Code, ! I, the City Council deni es the above-referenced vari ance. ¡ Conditional Use Permit Application No 8803-02 -Foley. Mr Hildt reviewed the findL lings, conclusions and conditions recommended by the Port Townsend Planning commis~", sion. Mayor Shirley opened the hearing to the public. Kathy Lindquist was rec- : ognized and spoke against the permit. There being no further testimony, Mayor i Shirley closed the hearing to the public and turned the application over to the! Council for disposition. After discussion, Councilmember Clise made a motion that the Council approve Conditional Use Permit Application No 8803-02 with the follow~ ling findings, conclusions and conditions which was seconded by Councilmember Kenna and passed unanimously be voice vote. ¡Findings" " 1 . The applicants propose to construct an office building for their company, - Career Directions ~orthwest, Ltd. The location of the proposed use is 3001 F Street, which is at the southeast corner of F Street and San Juan Avenue. A pasture lies at the southwest corner of the intersection; San Juan grocery: is at the northwest corner; and two single-family residences are on the northL¡' east corner. Directly to the east and south of the site is the Port Townsend, Golf Course and Hastings Pond. . The proposed site, as well as the golf course area, is zoned P-I. A profes- ¡ sional office biulding is permitted as a conditional use in the P-i zoning: district. With the exception of a small C-I zone on the northwest corner of ¡ the intersection, the adjacent land to the north and the west of the site is i zoned R-I. ' 2. I 13, I I I 4. The applicants' plans call for an approximately 2,000 square foot office building with a detached vocational testing center which will be approximately 400 square feet. The proposed building height is slightly less than thirty: feet. These dimensions are well within the allowable bulk requirements for ai building in the P-I zoning district. I I ! Access to and from the site would be from F Street, with a driveway leading to a parking area which would have eight parking spaces. The zoning code stip- : ulates that a professional office use required one off-street parking space per 400 square feet of gross floor area. The aproposal meets this requirement. I The applicants have also stated their intention to landscape around the park-: ing area. 15. I I I I ! The site of the proposed use is directly adjacent to an area which the Port Townsend Comprehensive Plan has designated as an environmentally sensitive area. The City Council issued a Determiniation of Nonsignificance, dated; Apri 1 5, 1988, after review of the Environmental Checkl ist submitted by the: applicant pursuant to the Washington State Environmental Policy Act. Upon. their own review of the checklist, the Washington State Department of Ecology has commented on the determination of nonsignificance. In a letter dated April 18, 1988, Barbara Ritchie of DOE stated that peat soils, the soil type I listed for the site, typically playimportånt water quality filtration and I ground water recharge functions, as well as providing a poor building base. I , 492 MINUJES OF THE REGULAR SESSJONDF MAY. JZ,1988, Cont. ------ -p - , . _.- ... -. -. -- . The letter suggests that the City give further consideration to the project prior to construction. The U S Department of Agriculture Soil survey of Jef- ferson County (August, 1975) classifies the vicinity soils as San Juan soils, which are a black, sandy loam. Although there are potential hazards to groun~ waters should contaminants enter the soil from the subject property, the soil is considered suitable to support buildings such as that proposed. 6. The applicants' preliminary site plans show that the parking area will be loc- atedon the northern end of the site, while the buildings will be located to the east and south of the parking area, thus separating the parking area from the golf course property. A' letter dated March 13, 1988, from David Goldsmith, Director of the Jeffersom County Planning and Building Department, to the applicants, stated that the site does not fall within the jurisdictional boundaries of the 1971 Shoreline Managesment Act. I I I 17. Conclusions 1. The proposed office building will not endanger the public health of safety, n@r will a nuisance be created. 12. 13. I !4. I 15. The proposed use will be required to meet all of the conditions and specifica- tions set forth in the P-I zone in which the property is located. The proposed use will not be injurious or detrimental to adjoining or abutting property. Because the proposed office building would be a low impact use, the location and character of the use wi 11 be in harmony with the area in wh i ch 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 h. I I I I I I , 12. I The parking area will include landscaping as part of the lot design, and shal, include tree and shrub plantings within and around the parking area (17.28.090 Port Townsend Municipal code). The applicants' final land~caping plans shalll be approved by the City Council, particularly with regard to buffering the parking area as much as possible from the golf course and Hastings Pond, as is indicated in the preliminary site plan. Because of the close proximity of the site to single family neighborhoods and since some veiws of Hastings .Pónd will be blocked by the proposed development, the height of the office building and vocational testing center shall be limited to thirty feet. This is consistent with the maximum allowable building height in the neighboring R-I zoning district. i 3. All future expansion of the site must stay within the same use classification, meet all the requirements and specification of the P-I zone, and conform to all conditions listed above. 4. 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 i I I ¡Conditional Use Permit Application No 8803-03 -CliJe. Councilmember Clise left ¡the Chambers. Mr Hildt reviewed the findings, conclusions and conditions recom- Imended by the Port Townsend Planning Commission. Mayor Shirley opened the hearing !to the public. Jim Wilson was recognized and questioned the parking requirements ,¡'WhiCh was answered by Mr Hildt. There being no further testimony, Mayor Shirley closed the hearing to the public and turned the application over to the Council ¡for disposition. Councilmember Kenna made a motion that the Council approve Cond¡ ¡itional Use Permit Application No 8803-03 with the following findings, conclusions land conditions which was seconded by Councilmember Owsley and passed unanimously ¡by voice vote. Councilmember Clise returned to the Chambers. I -. --.' _.. .-' -_. . .-.. I I I I I I 493 ______M I N UTE_$~Q£__IJ:If: BJ gUJ_A.B._~J;~$J.QU_OF .J:18Y. JL,_l~e&,J_OJlt..____--- _._---.-._- --.-I------'---'_._~---'--'-- ,------.- Findings 11 . I I , I I ----------_.-----,---- -...-- -.----'--.'.-.- -----.-..-----. ._--.----------. The applicant proposes to establish custom art and craft USE! on the top floor of Aldrich's Building at 940 Lawrence Street. The building is located in the C-III zoning district. Ordinance No 2102, passed by the City Council on March 14, 1988, amended Section 17.16.010 of the Port Townsend Municipal Code to state that IIPartial use as custom, art and craft \'Jork; and/or light manufact- uring may be established as a conditional use. . .'" in certa,in historic buildt ings in the C-III district, subject to restriction. These restrictions place: additional criteria on the granting of such conditional use permits made grant- able when the proposed site of the conditional use is an historic building. i Custom art and craft work is an allowable conditional use in certain historic! , building, including Aldrich's (Ordinance 2102). ' 2. Aldrichls is a three-story building which was built in 1889. The classified as a secondary historical structure in the designation Townsend Historic District. building is' of the Port! I I I There ar$ apartment; : ! , I 13. The ground level of the building is used as a retail grocery store. offices and storage on the second floor. On the third floor are an and a large vacant area proposed for arts and crafts use. 4. Established prior to the enactment of the zoning code, Aldrich's is a legal, nonconforming use with respect to parking requirements. There are currently sixteen off-street parking spaces fqr the property. Parking requirements may be imposed as a condition to a proposed use which requires a conditional use ¡ permit. ~ I I 15. I The applicant proposes to initally occupy approximately 1,000 of the availabl 3,500 square feet of floor space on the third floor with a small custom art and craft business. The proposed business would employ one person full-time with two other people working there intermittently. Afire escape has been recently installed for the third floor and some plumbing modifications may be necessary. The renovation will not alter any of the architecturally or hist- I orically significant features of the building. Custom art and craft uses may _I eventually be expanded to occupy ad~itional space on the third floor. Conclusions 1 . I The City Council has issued a Determination of NonsignificancE~, dated April 5~ 1988, after review of the Environmental Checklist submitted by the applicant: pursuant to the Washington State Environmental Policy Act. 2. The proposed custom art and craft use of the building will not endanger the public health of safety, nor will a nuisance be created. The proposed use will be required to meet all of the conditions and specific-; ations set forth in the C-III zone in which the property is located, except for this legal, nonconforming conditions which were in existance prior to the enactment of the Port Townsend zoning code in 1971. ! ; 3. , 4. The proposed use will not be injurous or detrimental to the adjoining or abut~ ting property. i i r , I Because the proposed use will provide a viable economic use whithin a historiç building without altering the architecturally or historically significant i features of the building, the location and character of the use will be in har- mony with the area in which it is located and in general conformity with the! Comprehensive Plan. . ' 5. 6. ! The proposed use will not occupy street level space which is better suited for retail sales or services. i , The top floor location of the proposed use makes the location impractical for; the uses permitted in the C-III zoning district, as evidenced by the current ¡ vacant status of the upper floor. I In consideration of the aforementioned findings and conclusions, the City Counci~ grants the application as conditioned. 7. 494 .r:1IJtU_IE.S__D.LII:IE_R E.GUL8R_SE S.S.LON_.D.LMl\Y_J],.._1988.,. ,C onto . - .. .'_. -. - -,..- -. .-..-,.,- -p -- '. . - _. . ,.- .-.--- -,.'.. ,. Conditions 1 . Each employee of the custom arts and crafts business shall be required by the applicant or lessee to park in the currently designated off-street parking area provided for the building. 2. It is understood that the Uniform Building Code and Uniform Fire Code apply and must be met prior to occupancy. 3. Custom art and craft uses hall not expand to areas other than the third floor. I 4. 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). COMMITTEE REPORTS Community Services. Councilmember Chang reported on the meeting held May 9, 1988, with staff and decided that they want a commission formed by the City to become actively involved with education on the long term plans for recycling in the city and they are waiting for information from the Association of Washington Cities. Street/Storm Drainage/Light. Councilmember Jones reported on the meeting held ~ay 16, 1988, and made a motion that another stop sign be put at 16th and Grant Streets, permission be granted to cut down a hazardous tree to Al Ramey at 1508 Clay Str'~et, and permission be denied to Bill Dentzel to cut down a tree at 843 53rd Street which was seconded by Councilmember Owsley and passed unanimously by voice vote. Reed Street. Mayor Shirley reported that he has worked out an agreement with ForT rest Aldrich and the neighbors regarding the situation with the end of Reed Strl~et. A letter will be sent to the neighbors to go over at their meeting and if it is acceptable, it will be brought to the Council for approval. Redmen's Cemetery. Councilmember Camfield reported that she will report back to the people who want the City to take over the cemetery and will report to the Coun- cil on the results. I Legislative/Environmental. Councilmember Kenna made a motion that the Council maRe a declaration of non-significance based on the environmental checklist for B G Satio to relocate Peninsula College to the second floor of the Kuhn Building which was seconded by Councilmember Jones and passed unanimously by voice vote. I Councilmember Kenna made a motion that the Council make a delcaration of non-siq- rificance based on the revised environmental checklist for Douglass and Nancy Lamy ~o change the Swan Hotel from four to five cabins plus the office building which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Kenna made note an, administrative ruling concerning the definition pf "hedge" for enforcement of 17.036.010 of the Port Townsend Municipal Code to bJ rormalized. I Founcilmember Kenna invited the Committee members to the Shorelines Meeting in th~ Founty Courthouse which will discuss the Draft Shoreline Management Plan at 7:00 AM In May 18, 1988. polf Course. Councilmember Camfield reported on a meeting held with Ted Stricklin, Mike Earley and the contractor for the building in which the moisture problem was I ~iscussed and is not taked care of. Councilmember Owsley brought up the probleM þf golf balls being a hazard to traffic, school children and windows on NineteentH Street which may need a fence or hedge to solve. I Finance. Councilmember Owsley reported on the meeting held with Cherly Van DykE! bf the Chamber of Commerce in which Cheryl gave the Chamber and Tourism budget ~eports and that the Chamber is helping those who send in Hotel-Motel taxes to ~eport properly so that the correct amount is returned to the City from the State. A Finance Committee meeting was set for June 2, 1988, at 5:00 PM. I I-. I I J 495 MINUTES OF THE REGULAR SESSION OF MAY 17, 1988, Cant. ----- _._-_. --.----.,--------.--,.-.--------- ",---------_._--- ---.. .---.-..- -- ------.-.-.-- -¡wat:r-sewer - ~cou ~C~l membe~~c C~;l:Ch :n~:un:e~a ~e~ti:9 se:~:~ Ma~ 3~, ., 9:8~J- 5:00 PM regarding a petition received for water from some residents of Oak Bay. I I I Ange~es Depart- I ì ! Department of Ecology. Mayor Shirley announced a meeting to be held in Port Ion May 24, 1988, by a group of elected officials and the new Director of the ment of Ecology. . I ¡Street Light at Chetzemoka Park. Since there is still a problem at the park, Cou~- cilmember Jones will be meeting with Chief Hinton to see what can be done to impr9ve the situation. Port Townsend Senior Association Coronation Ball. Mayor shirley announced an invitation to the 11th Annual Rhododendron Senior Coronation Ball to be held on May 20, 1988, at 7:30 PM at the Jefferson County Fairgrounds Erickson Building. John Foley Boundary Dispute. Mayor Shirley referred a letter from Mr Harper on ¡the boundary dispute with the Golf Course and John Foley to the next meeting. ¡ ¡Port of Port Townsend Application. The Port of Port Townsend has notified Mayor! Shirley that the application for the fuel tanks is on hold. i I ; Washington Cities Insurance Authority. Mr Grove explained that the Authority is ¡ now self insuring for the excess five million dollar insurance policy because of ¡ the increased premium costs. ' UNFINISHED BUSINESS ~horeline Substantial Development Permit Application for Community Investments, I lIne -SDP88-003. David Goldsmith, Director, Jefferson County Planning Department,i ¡reviewed the findings, testimony, conditions and recommendations of the Heffersont Port Townsend shoreline Management Advisory Commission. After discussion, which I included comments by Stewart Nelson, Councilmember Kenna made a motion that Council adopt the Shoreline Commission's recommendations determining that the proposed I project is consistant with the policies and performance use of the Jefferson County Port Townsend Shoreline Management Master Program subject to the following findin~s and conditions which was seconded by Councilmember Clise and pass,=d unanimously by voice vote. . Findings 1 . The Jefferson-Port Townsend Shoreline Management Master Progîam requires that a shoreline substantial development permit be issued by the City of Port Tow~- send for development of the proposal. The following sections of the program apply in the review of the proposal: 1.20, "Purposes"; 4.105, "Urban"; 4.202, "Secondary"; 5.100, "Landfills"; and 5.180, "Shore Defense Works." 2. The proposal involves a landfill landward of the ordinary high water mark ancl a non-exempt shore defense work (bulkhead). The proposal has been adminis- ! tratively classified as a secondary use in an urban shoreline designation by: criteria establishied in the Jefferson-Port Townsend Shoreline Management Master Program. No development proposal for the property, other than the requested site pre-: paration, has been received, reviewed, or permitted. 3. '4. The property has been and continues to be subject to wave erosion. The City of Port Townsend Zoning Ordinance designates the site as C-III, Com-: I mercial. 5. 6. The bulkhead will be at, and the landfill behind, the ordinary high water mark. No wetlands will be subject to the development. ¡7. I i 8. may be required in the development of the proposal: Department of Fisheries and Wildlife hydraulics permit.; ; ¡ Notice of the application was made þy publishing legal notices in the Januar~ 27 and February 3, î988, editions of the Port Townsend-Jefferson County Lead~r, posting the site of the proposed development with notices on February 3, 198m, and notifying be mail immediately adjacent property owners. The following permit a. Washington State 496 --- MINUTES OF THE REGULAR SESSION OF MAY 17, 1988, Cont. - , ..... -. - - --", --.--- ' .'--'- ._n"- -_On ...-.-.,-----. 9. 10. 11 . 12. 13. '.""-'--'---"----'-..'-."'."-. _0" ._.'0_.___...-----,.-.--.-...----.----- Notice of the public hearing scheduled for March 16, 1988, was made by pub- I lishing a legal notice in the Port Townsend-Jeffl~rson County Leader and noti~y- ing by mail immediately adjacent property owners and interested parties. The public hearing is held by the Hefferson-Port Townsend Shoreline Management Advisory Commission. The proposal has been reviewed according to the Washington State Environmental Policy Act by the City of Port Townsend as lead agency. The city has issued a determination of non-significance for the proposal on Febr~ary 16, 1988. The determination states that the anticipated environmental impacts were ade- quately addressed in the environmental checklist and the preparation of an environmental impact statement was not necessary. An inspection of the site was made on March 11, 1988, be members of the Jef- ferson-Port Townsend shoreline Management Advisory Commission and a represen- tative of the Jefferson County Planning and Building Department. The proposed project was issued a substantial development permit on November 3, 1981. The permit expired prior to the work being completed. - The proposed project is subject to a variance from Permormance Standard 5.100 (1). IILandfills.1I 14. The full development of Walker Street is subject to shoreline substantial I development permit 4-86. ¡Conditions 1 . .2. I I /3. I I 4. 15. , 16. I 17. I 8. 9. 10. The permittee will ensure that any remaining storage tanks are uncovered and removed prior to the placement of fill material. The permittee shall remove all woody debris from the fill site and bulkhead area prior to placement of the bulkhead and fill. I The fill material shall be clean soil, sand, or gravel. Clean soil, sand, 0 gravel is that which is substantially free of sod, debris, and vegetation. Upon final grading, the site shall be planted with suitable vegetation to reduce erosion. Site drainage, as approved by the Port Townsend City Engineer, shall be incorporated in the final grading. Concrete rubble shall not be used as bulkhead material. however, be used as fill material. This material may, The concrete rubble currently used as bulkhead material shall be removed from the shoreline. Only quarry rock shall be used as rip-rap material. The bulkhead line, ordinary high water mark, shall be a captured in the photo- graph dated April 20, 1988, Attachment IIA; II Prior to final approval, the site plan shall be adjusted to coincide with Attachment IIA.II The bulkhead and backfill of Walker Street shall be accomplished simultan- eously with the bulkhead and fill work on Block 19. A convenient means of physical access (stairs, ramp, etc.) to the beach from Walker Street shall be provided as part of the bulkhead. Design and const- ruction to be approved by the City Council. liThe development of Block 19, L B Hasings Addition shall consider and incorporate the water adjacent portion of Walker and Scott Streets and the upland portion of Front Street ad major public access elements in the project design.1I ORDINANCE NO 2113 AN ORDINANCE APPROPRIATED THE SUM OF $54,716 TO THE COMMUNITY DEVELOPMENT BLOCK GRAND FUND, MAKING FINDINGS, AND DECLARING AN EMERGENCY. meeting and thar and explained Mr Grove explained that this ordinance was introduced at the last action can be taken at this meeting. David Kahley was recognized I I I 497 MINUTES OF TH:E REGULAR ,SESSION OF MAY 17 1988 Cont. -----_._-------_..---------~-------_._.,..-'----_._--------,-------,-,--- ----,- ----------------------- -----. ----'-"---------- ,--,_.- .....-.--,,-,-----....-,..- - ---""'-- --- "---- -------- -,------- -- --- I , I that this is the second ordinance that is needed to put the revolving loan fund ih place. Mr Grove read the ordinance by title. Councilmember Kenna made a motion i that the first reading be considered the second and the third be by title only ¡ which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Kenna made a motion th~t Ordinance No 2113 be adopted which was seconded by Councilmember McCulloch and ¡ passed unanimously by roll call vote. ' I Mr Kahley was recognized and gave an overview of the proposal to implement the loaning procudure of the fund with a five member panel. After a lengthy discus-¡ sion, Mr Kahley was asked to meet with the Finance Committee on June 2, 1988, re-; garding this revolving loan fund of Federal money. ! I i Bond Issue Ordinance for Fire Equipment. Mr Grove explained that this ordinance: ¡does not need to be adopted until it is completed and the bonds are ready to be ! issued. This ordinance will be discussed at the Finance Committee meeting on June 2, 1988, and could be adopted at the June 7, 1988, meeting. ¡ ¡Resolution Supporting Emergency Plan.: There being no information at present, thi~ will be presented at a later date. I I ! NEH BUSINESS Chanelling Communication. A letter from Doug and Nancy Lamy to the Council dated ay 13, 1988, requesting permission to enlarge their existing curb break by 10 to 12 feet and changeing from three to two parking spaces from the corner of Water i and Monroe Streets in front of the James G Swan Hotel was referred to the Street/ Storm Drainage/Light Committee as well as staff. I RESOLUTION NO 88-45 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE WASHINGTON STATE ENERGY OFFICE. Mayor Shirley explained the resolution. Councilmember Chang made a motion to ado~t ~esolution No 88-45 which was seconded by Councilmember Jones and passed unanimou$ly by voice vote after a brief discussion. i ~hanelling Communication. A letter from Doris Yesberger regardinq Animal Control! procedures was copied for -the Council and referred to the Police/Fire/Animal Cont~ol tommittee. A Committee meeting was set for June 6, 1988, at 4:00 PM with Ms Yes-\ berger, Bonita Flagg and the BayshoreAdministrator. : ~oise Abatement. Councilmember Clise announced that he has received several ordi~- 'lances and information concerning noise abatement. ADJOURNMENT I I- I I ~here being no furher business, Mayor Shirley declared the meetin9 adjourned at 10:27 PM. J I Attest: I œ-=t:7Á Mayor 1 I i ~L Clerk-Treasurer