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RES 87-21 QUEEN CITY YACHT CLUB FINDING OF FACTRESOLUTION NO. 87-21 A RESOLUTION ADOPTING THE QUEEN CITY YACHT CLUB FINDINGS OF FACT, CONCLUSIONS OF LAW AND DETERMINATION. WHEREAS, the City Council of the City of Winslow, Washington, has determined it to be in the public interest to adopt the proposed Queen City Yacht Club Findings, Conclusions & Deter- mination, and WHEREAS, the City Council wishes to conclude the Queen City Yacht Club application so as to provide for such changes, and WHEREAS, the City Council of the City of Winslow incorporates herein the attached determination for the adoption of such changes, NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The adopting of the Queen City Yacht Club Findings of Fact, Conclusions of Law and Determination shall be done. PASSED BY THE COUNCIL of the City of Winslow, Washington, this ~.~'~day of Augusta. 1987. ALICE B. TAWRESEY, M~r ATTEST: Approved as to Form: ROBERT O. CONOLEY, City At~orney~~ 5:_;_F-~ ~'~-' CZT¥ "CU:;CZi ZY 7:EZ CZT¥ C'F SUBSTANTIAL Of QUEEN CiTY YACHU CLUB, AEEiic~nt. RECEIVED AUG 2 0 ::L98T CrI'Y OF WINS LOW BY .~-'~ LAW AND DETERMINATION ~ugus~ 6, !987) This ma:ter came again before the city council for a final permit determination at City Hall on July 16, 1987 at 7:00 p.m. It was referred to the council by the Planning Agency, with a recom=menda:icn for nc further hearings in view of the prior hearincs and consideration that had cccured in 1983. The mau:er had originally come before the City Council au a quasi-judicial hearing at City Hall on March 9, 1983 at 7:00 p.m. Then, Bob Burfi .... lub member, spoke for the applicant; Charles O Carrzl! an! john Fis~ aisc club members, were presenn and ~estified. Land Use Administrator A! Grajeda then represented the Tiny. Mr. Will Hall was presenn representing the Quay Bainbridge AzarzmenL owner, Ken Roberns. Approximately eight members of the Yarrow Bay Yacht Club had been present and spoke in favor cf various aspects of the project. LaEer, on july 16, 1987, some of the same yacht club members were again present, as well as members of the public and for the City, Land Use Administrator Mike Regis. All who wished to speak were heard. New information was received concerning parking needs and a possible pump-out facility. Both proceedings were recorded and monitored by City Clerk/ Treasurer Donna jean Buxton or her representative. Letters had been received regarding the application w.ere-as follows: to Winslow City Council from O.K. Roberrs discussing ........... _ .......... _ ...... 7 ....... ~_,ZZEZ.ZZ .; '_Z .' ,C6Z'.'7,,ZZE ........................ . ::' _=rs.-,. ~he ;esul.mony he=_rl an~ ~he record examine~, Lb.e Ciuv C2uncil makes uhese: FINDINGS OF FACT 'Applicanus own waterfront property in the CiUy cf Winslow located at 289 Shannon Drive Southeasu. The property is 199.94 feet wide cn the waterfronz and 136.0 feet wide on Shannon Drive. ~= east ~ = property owned bv the City of ~F~m~ ~ at=l v tO ~_.~ . . _ WineiCy' and known as Eacle Harbor Waterfrcnn ..... ~'- the ~=~ i5 uhe prcper~y owned by George and Lcurdes Pi~zenger. ii. The legal descripzicn of the insnant property is Lots 2 & 3, 51cck Yl, Siaffzrils Addizion tc Winslow, located in Gov't. Loz ~ Sac 26, Township 25N, Da~ 2E, W.M. KiUsao County, Washington, tocether with =iislands of the 2nd class abutting. ill. On November !6, 1983, applicant filed with the City the original asm!icaLion for a Subszan~ia! Development Permit to construct and operate a !00xi32-foot fioaL addition to their existing pier- float moorage; and Environment 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 comments were based on the Agency's consideration cf the proposal at its meetings in 1983. The Agency's conments recommended approval of the Substantial Development Permit with no conditions but to consider certain mantots, which council did. The Agency did not requzre a public hearing and gave valid reasons as justification. During the ?evLe'.,.' cn .z-'?rLL 22 ar.d ~'-4~ ac Z?E7 ,../Luh uhe .SC dav perLcd zs eT.~ ::sv 2~, L5-27. ?L-:s 5..Z.2..z,. Z~e;er.-..LnazLcn cf S2gnificar. ce ~.:as subfished ~ ulne _=ar,~ newscacer or: A.cril ~, 1987. Sock notices were also posted upcn the prcper-_y. Puh!ic ccrz~enns, in letter fcrm, were received from the Departmen= of Ecology which stated that the permit must ccmpty with the pc!icies cf the City's Adopted Shcre!ine Management Program, and from Jessie Hey, chairman of the Park Board, which questioned some elements of the checklist. Mrs. Hey also requested that the resident adjacent to the.proposal be notified cf the application. No~ices were sent to the residents on May 12, 198'. The Planning Agency at their regular meeting of May 29, 1987 approved z'2e current application subject to the City Council Findings dazed >!arch 17, 1983. The Agency further recommended that the a~plicaticn would not require a public hearing before ~he Hearinc Examiner. In the 30 day comment period, no member of the zublic ~=cu~sted a public hearing The Ciz*=, Council, therefore, reviewed the current application at their regular meeting of july !6, 1987, and considered the aso]~c=RI .... s cf the Findings of March 17 1987 The Citv's Shoreline Management Master Program places the shoreline of the instant property in the Urban Environment. The upland is zoned High Density Multiple 3100 square feet. VI. During the public hearing the Council stated that it felt that the following conditions would be necessary or not necessary to approve the Shoreline Substantial Development Permit: Permit rafting of no more than 2 boats deep (beyond the one already tied to the dock) on the sides of the dock adjacent to the City Park and along the Construction Limit Line during certain holidays. nns Czcv cf Winslow lcn~nc Criznance Parklns Recuiremen=s, had been ccnscrucned cn wi:= ions owned Dy zhe Queen Cic'; Yacht Club. 4. Nct require pump-out facilities for bcan sewage holding tanks shall be provided. 5. Require adequate fire proteczion for all parts of the mccrage facility. 6. Require navigational lighting at the waterward end of the pier. VII. There exists on Shannon Drive Southeast certain parking restric=icns. Viii. The appiicant's present proposal does adequately provide for the parking as now provided for by the facility. iX. Addizicna! vessels will generate additional garbage. Adequate recepEacies are necessary to prevent litter particularly on week- ends and holidays. Harbor ecology is important, and the applicant should ccnduc= an on-going educanicn program cf members of the fragile nature cf Eagle Harbor. Rafting cf boats is a comacn 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. Excessive rafting of boats is inconvenient to owners, may prevent boat traffic movement, may be dangerous, and may create a fire hazard. The Queen City Yacht Club is 29'deep from the property line of the property to the west. This leaves a limited amount of space for maneuvering boats in and out of the facility and the '_ ZZ_. lZ Z_ L',- jZ_L'E Xl i. An'_.-Conclusion cf Law =ham ls deemed no be a Finding cf Fact is herevith adcpted as same. CONCLUSIONS OF LAW i. The governing municipal regulations in the matter are the Shoreline Management Master Prog±am and the Zoning Ordinance. II. The procedural requirements of the Shoreline Management Master °~ocram ~ve been met and the applicant is ProPerlY before the City Council. iiI. A private cooperative moorage facility is a permitted use in th~ Urban Environment (Master Program, page 24). The instant property is for a cooperative moorage facility (Findings of Fact iV). The a~llcamion, therefore, is eligible fcr approval. IV. The prcpcsed float additicn meens the objectives of the Urban Environment as slated in the Shoreline Master Management Program. The application with the conditions agreed to at the public hearing complies wi=h Lhe 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 conditions as listed herein. Ve The City has the authority to require additional parking for marinas under Section 2.4.6 of the Zoning Ordinance. Section 2.4 of the Zoning Ordinance spells out parking require- ments for various types of development. The applicant need not go through any additional permit process. The City Council . 'ZZ, %ZZ. 'E. %: Z The reason is that uhe insman-_ faziii~y is ncZ for permanentiv mccring boaus. Boa=ors will net be driving cars to the moorage facility and leaving them there while they take their boaus out on the Sound. Rather, most of the cars will be left in Seattle since that is the beginning point of the boat tri~, while Winslow would be the destination. Vi. No construction may begin until 30 days have passed following receipt by the Department of Ecology of this order. VII. Pump-cut facilities shall not be required for these moorage facilities. The need for scme has not been shown, in view cf the adjacent club house facilities, and are not required by ordinance. Viii. The practice cf rafting boats is not covered by the Shoreline Plan. Rafting cf boats has negative impacts on the use of the marina and may be dangerous (Finding of Fact Xi.) This extension cf the moorage facility will reduce the ~ecessity for serious rafting. Thus, this expansion will eliminate the need to raft 10 deep on holiday weekends. iX. Any Finding of Pact that is deemed to be a Conclusion of Law is herewith adopted as same. Therefore, the City Council of the City of Winslow, makes this: 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 Memorial Day, independence Day, and Labor Day on the side of the moorage facility adjacent to the City Park and along the Construction Limit Lines. -f ~E~'~ CiTY Y -8- CLUB Bcazs shall not be rafted on property nct belonging Queen City Yacht Club except as provided in izem ! cf this order. 3. Fire flow adequate to ccmp!y with requirements of zhe UBC 1985 is to be provided. Applicant shall conduct periodically and maintain a permanent, regular in-house education program for its members on the fragile ecology of Eagle Harbor. 5. Naviga;icna! lights shall be installed at the water- ward ends of the moorage facility. APPROVED BY TEE CiTY OUNCIL of the City of Winslow, Washington, ~.~..,~w,= .... ~ ~ ~ , 1987, t is C ~ ~ ALICE B. TAWRESEY ~ Mayor ATTEST: Clerk/Treasurer APPROVED AS TO FOPJI: ROBERT O. CONOLEY City Attorney