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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