RES 83-05 SDP QUEEN CITY YACHT CLUBRESOLUTION NO. 83 - 95
A RESOLUTION OF THE CITY OF WINSLOW,
WASHINGTON, ADOPTING THE HEARING
EX~MINER'S FINDINGS OF FACT, CONCLU-
SIONS OF LAW ~ND RECOMMENDATIONS AND
ORDERING ISSUANCE OF A SUBSTANTIAL
DEVELOPMENT PERMIT FOR THE EXTENSION
OF MOORAGE FACILITIES AT THE QUEEN
CITY YACHT CLUB.
WHEREAS, the Planning Agency determined that no hearing should be
required in the matter of the application by Queen City Yacht Club
for a Shoreline Substantial Development Permit; and
WHEREAS, after considering the proposal and correspondence regarding
it the City Council decided to hold its own public hearing; and
WHEREAS, this matter, an application for approval of a Shoreline
Substantial Development Permit, came before the City Council at a
Public Hearing of the City of Winslow on March 3, 1983;
NOW, THEREFORE, be it resolved by the City Council of the City of
Winslow, Washington, as follows:
FINDINGS OF FACT
The attached Findings of Fact are hereby adopted.
CONCLUSIONS OF LAW
The attached Conclusions of Law are hereby adopted.
ORDER
The application for a Shoreline Substantial Development Permit
by the Queen City Yacht Club is hereby approved as stated in the
attached order.
PASSED by the City Council of the City of Winslow this ~-~day of
April, 1983.
ALICE B. TAWRESEY
MAYOR
ATTEST:
NOTE: Queen City Yacht Club withdrew their application for a shoreline
substantial development permit (letter attached).
BEFORE THE CITY OOUNCIL OF THE
CITY OF U!NSLOW
In the matter of the
SUBSTANTIAL DEVELOPmeNT PEPKIT
of
QUEEN CITY YACHT CLUB,
Applicant.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, A~]D DETERMINATION
The matter came before the City Council a~ a quasi-judicial
hearing at City Hall on March 9, 1983 at 7:00 P.M.
Bob Burfitt, club member, spoke for the applicant; Charles O.
Carroll and John Fisher , also club members, were present
and testified. Land Use Administrator A1 Grajeda represented the
City. Mr. Will Hall was present representing the Quay Bainbridge
Apartment owner, Ken Roberts. Approximately eight members of Yarrow
Bay Yacht Club were present and spoke in favor of various aspects of
the project.
The proceedings were recorded and monitored by City Clerk/Treasurer
Donna Jean Buxton.
Letters received regarding the application were as follows: to
Winslow City Council from O.K. Roberts discussing parking and requesting
a public hearing; and to Mayor Tawresey from Bert and Joyce Ward
requesting careful attention to new permits.
From the testimony heard and the record examined, the City Council
makes these:
FINDINGS OF FACT
I.
Applicants own waterfront property in the City of Winslow located
at 289 Shannon Drive Southeast. The property is 199.94 feet wide on
the waterfront and 136.0 feet wide on Shannon Drive.
Immediately to the east is property owned by the City of Winslow
and known as Eagle Harbor Waterfront Park. To the west is the
property owned by M.F. Gardiner, G. Pittenger and ~.J. Johansson.
A 100-foot pier, a 32-foot moveable ramp and 300-feet of floats
has been proposed for the property to the west. A Shoreline Substan-
tial Development Permit has been processed. At this writing, the
Hearing Examiner has recommended approval of the Johansson, et al,
permit with the condition that a Conditional Use Peanit be obtained
for the parking.
II.
The legal description of the instant property is Lots 2 & 3, Block
VI, St~fford's Addition to Winslow located in Gov't. Lot 4, Sec. 26,
Township 25 N, Rge. 2E, ~.M., Kitsap County, Washington, together with
tidelands of the 2nd class abutting.
III.
On November 16, 1983, applicant filed with the City an application
for a Substantial Development Permit to construct and operate a
1-0x132 foot float addition to their existing pier-float moorage;
an Environmental Checklist was also filed. The Land Use Administrator
filed a proposed Declaration of Non-Significance on January 21, 1983.
On December 29, 1982, the Winslow Planning Agency filed with the
City Council written comment on the instant proposal. The comment
was based on the Agency's consideration of the proposal at its meeting
on December 23, 1983. The agency's comments recommended approval
of the Substantial Development Permit with no conditions. The Agency
did not require a public hearing and gave 3 reasons as justification.
During the 30 day open period following the Planning Agency's recommend-
ations, 2 letters were received requesting a Public Hearing. At its
February 3, 1983 meeting, the Council considered the matter of whether
to require a public hearing. It was decided to schedule a Public
Hearing for March 9, 1983 at 7:00 P.M. The Clerk/Treasurer caused the
appropriate legal notices for this hearing to be published on February 9
and February 16, 1983 and to be posted on the instant property. On
March 9, 1983, the Land Use Administrator filed a Final Declaration
of Non-Significance for the proposal.
IV.
Applicants propose to erect a 232-foot addition to their existing
float to extend into Eagle Harbor approximately to the Construction
Limit Line as defined by the Department of Natural Resources. A
total of approximately 464-feet of additional moorage space would
be available on both sides of the floats. This would provide approxi-
mately thirteen 35-foot slips. All of the moorage space is for the
exclusive use of the Queen City Yacht Club members.
V.
The City's Shoreline Management Master Program places the shore-
line of the instant property in the Urban Environment. The upland is
zoned High Density Multiple 3100 square feet.
VI.
During the public hearing the applicant agreed to the following
as conditions to approval of the Shoreline Substantial Development
Permit:
1. Rafting of no more than 2 boats deep on the sides of the
dock adjacent to the City Park and along the Construction
Limit Line.
2.No on-street parking for club members.
3. 30 parking spaces, designed according to the City of Winslow
Zoning Ordinance Parking Requirements shall be constructed
on the 2 upland lots owned by the Queen City Yacht Club.
4. Pump-out facilities for boat sewage holding tanks shall be
provided.
5. Provide an approved wet stand pipe system installed in con-
formance with UBC Standard No... 38-3 as required by uniform
fire code. Waterline shall be constructed to provide adequate
fire-flow.
6. Approved navigational lighting at the waterward ends Of the
pier.
VII.
There exists on Shannon Drive Southeast a serious parking problem.
No new facility in this area should be permitted to add to this problem.
VIII.
The applicant's proposal does not provide site plans for the
parking spaces to be provided for the facility.
IX.
Additional vessels will generate additional garbage. Adequate
receptacles are necessary to prevent litter particularly on weekends
and holidays.
X.
Rafting of boats is a common practice at the Queen City Yacht
Club facility. On normal summer weekends, boats are rafted two deep
while on three holidays, Memorial Day, Independence Day and Labor Day,
boats may be rafted 10 deep. Exeessive rafting of boats is incon-
venient to owners, may prevent boat traffic movement, may be dangerous,
and may create a fire hazard.
XI.
Any Conclusion of Law that is deemed to be a Finding of Fact is
herewith adopted as the same.
CONCLUSIONS OF LAW
I.
The governing municipal regulations in the matter are the Shoreline
Management Master Program and the Zoning Ordinance.
II.
The procedural requirements of the Shoreline Management Master
Program have been met and the applicant is properly before the City
Council.
III.
A private cooperative moorage facility is a permitted use in the
Urban Environment (Master Program, page 24). The instant property is
for a cooperative moorage facility (Findings of Fact IV). The instant
property is in the Urban Environment (Findings of Fact V). The
application, therefore, is eligible for approval.
IV.
The proposed float addition meets the objectives of the Urban
Environment as stated in the Shoreline Master Management Program.
The application with the conditions agreed to at the Public Hearing
complies with the general regulations of the Master Program and allays
the concerns of the City Council regarding some issues which were
brought to their attention during the Public Hearing. Thus, the
application should be approved with some conditions and one contingency.
The City has the authority to require parking for marinas under
Section 2.4.6 of the Zoning Ordinance. Section 2.4 of the Zoning
Ordinance spells out parking requirements for various types of
development but does not specifically list moorage facilities.
Nor are any of the five listed uses appropriate to apply to the
instant facility. Item 2.4.6 is the all encompassing requirement
that speaks to those uses not covered by the other five requirements.
It states:
"For other uses or special cases,
parking requirements shall be
established by the issuance of a
conditional use permit."
Unfortunately, the Code does not specify the number of spaces.
So, the applicant must go through an additional permit process. A
Conditional Use Permit cannot be issued as a result of this hearing
becuase there was no legal notice published or posted on the consid-
eration of that at this hearing. The City Council regrets the delay
and hardship imposed on the applicant by requiring that they now seek
another permit. The City Council feels it is appropriate to express
its views on the number of spaces to be required. These views are
preliminary recommendations subject to the testimony received during
the conditional use process. The City has not made and will not make
any decision on the number of spaces prior to the Conditional Use
Permit process.
The City Council, however, does believe that 30 parking spaces,
to be developed in compliance with the regulations in Section 2.4
of the Zoning Ordinance, may be adequate to meet the parking needs
of the instant facility. The standard of .5 parking spaces per moorage
slip is used in Seattle to determine number of required spaces.
Assuming 35-feet as an average for boat size, and assuming that on
most occasions boats would be rafted 4 deep,~ and assuming that
there would be a space of 5-feet between boats, this facility would
accomodate 80+ boats. If the .5 spaces per boat is applied to the
instant proposal, 40 spaces would be required.
The instant facility is, however, not for permanently mooring
boats. Boaters will not be driving cars to the moorage facility and
leaving them there while they take their boats out on the Sound.
Rather, most of the cars will be left in Seattle since that is the
beginning point of the boat trip, while Winslow would be the
destination. The parking to be provided will be most likely used by
quests of the club members and for the members who moor their boats
for several months at a time and need some form of land transportation
on this side of the sound. The difference in use between the instant
proposal and a permanent moorage facility is the reason for recommending
that the number of parking spaces to be required be set below the .5
parking stalls per slip standard.
VII.
Applicant must apply for a Conditional Use Permit for the
parking. This is the only mechanisn for determining how many spaces
are required. The site plan review shall be applied for at the
same time the Conditional Use Permit application is considered by the
Planning Agency to avoid a third appearance by the applicant.
VIII.
The shoreline permit should be conditioned on conditional use
approval for parking by the City Council and transmitted to the Depart-
ment of Ecology. No construction may begin until 30 days have passed
following receipt by the Department of Ecology of the Council's order.
Thus, that 30 day waiting period may be used for the Conditional
Use Process without delay to the project.
IX.
Pumpout facilities are required for cooperative moorage facilities
in excess of 5 slips. Although no definite slips are to be provided
for this moorage, there will be a capacity to moor more than 5 boats.
Thus, operating pumpout facilities shall be provided as required by
Section J.3.f.
X.
The practice of rafting boats is not covered by the Shoreline
Plan. Rafting of boats has negative impacts on the use of the marina
and may be dangerous (Finding of Fact XI). The extension of the moorage
facility will reduce the necessity for rafting. Thus, there will not
continue to be a need to raft 10 deep even on holiday weekends.
XI.
Any Finding of Fact that is deemed to be a Conclusion of Law
herewith is adopted as same.
Therefore, the City Council of the City of Winslow:
ORDER
The Shoreline Substantial Development Permit is hereby approved
subject to the following conditions:
1. Rafting of boats is to be limited to 2 deep on all occasions
on the side of the moorage facility adjacent to the City Park
and along the Construction Limit Lines.
2. Rafting of boats along other parts of the facility is to be
limited to a maximum of 4 deep except on 3 holidays: (or
holiday weekends) Memorial Day, independance Day, and Labor
Day. Boats shall not be rafted on property not belonging
to Queen City Yacht Club.
3. Fire flow adequate to comply with requirements of the UBC
1979 is to be provided.
4. An operating sewage pump-out facility is to be provided.
5. Navigational lights shall be installed at the wateD~ard ends
of the moorage facility.
6. Additional garbage cans shall be provided.
7. No on-street parking of Queen City Yacht Club men~ers cars
shall be permitted.
3. No construction may begin until a Conditional Use Permit
has been granted for off-street parking and a site plan
review approved and the Department of Ecology has given
approval.
APPROVED BY THE CITY COUNCIL of the City of Winslow, Washington, this
day of , 1983.
CITY OF ~/VINSLO~
CiTY YACHT CL. LIF] ':>(:~Ott [3°Yt~r Av,,~ ~' '%eat~ e VVashington 9BI02' / t3 60
March 22, 1983
Hon. Alice Tawresey
Mayor
City of Wins].ow
Bainbridge Island,
WA 98110
Dear Mayor Tawresey:
Reference the application of Queen City Yacht Club
for a Substantial Development Permit, please be informed
that we have decided not to pursue~ the matter further at
this time and by this letter we are formally withdrawing
our application.
It was the decision of our men'tbership that the cost,
of the development, as required by your findings and order,
imposed too great a financial burden on our club.
It is unfortunate that the C.ity of WillslOW found it
necessary to require our club to meet regulations imposed
on a commercial enterprise. As Mr. Burfitt and Mr. Carroll
pointed out to your council, our' docks are practically empty
eight or nine months a year. They produce no income such as
received by a conmlercial enter[arise nor do we enjoy the tax
benefits of a coI~iercial business.
We will, of course, continue our efforts to be good
neighbors by making our docks available to the community
when the need arises, by our participation in your Fourth of
July celebration and by purchasing our needs from your
merchants.
We are proud of 'the relationship that has been
developed over the past fourteen years between our members
and the residents of Bainbridge Island and look forward to
many more years of that pieasani: relationship.
. Alice Tawresey
Page Two
March 22, 1983
We knc. w your council.. di.d everything possible to
help us in our effort~ to imI~rove our facilities. Perhaps
at a later' time the council wi. ll have more discretion to
distinguish between .!~ commercial. marina and a private yacht
club and the regu]atj. o~s will not be so stringent.
Sincere ly,
QUEEN CITY YACHT CLUB
C ommo do r e
cc: Winslow City Council