I OF LAW AND FINAL DECISION.

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1 Page 1 of 1 a J l0 1l t l3 t 1 t t l t t ')) BEFORE THE HEARNG EXAMNER FOR THE CTY OF PORT TO\ryNSEND Phil Olbrechts, Hearing Examiner RE: Port Townsend Silver Cloud FNDNGS OF FACT, CONCLUSONS Hotel OF LAW AND FNAL DECSON. Preliminary Plat Alteration (LUP0-0) NTRODUCTON The Applicant has applied for a preliminary plat alteration to incorporate the Scott Street right-of-way into their adjoining lands in exchange for transfer to the City of their interest in Block. The Examiner approves the request with conditions. TESTMONY John McDonagh introduced the exhibits and summarized the staff report. The applicant's representative, Tom Johnson, testified that he supported the staff recommendation for approval. Ken McBride testified that he owns the adjoining lighthouse mall. He noted that the owners of the mall had made improvements to the shoreline area that the City will receive through the proposal for parking. He noted that the parking is necessary for the mall. Mr. McDonagh testified that parking is allowed but is a low priority use under the City's shoreline regulations. Mr. McDonagh was unable to answer Mr. McBride's questions about any uses under consideration by the applicant, but noted that the applicant's name suggests that the site may be used for a hotel. EXHBTS Exhibit A - Plat Alteration application and Revised Plat Alteration Map Exhibit B - L.B. Hastings 1"and L.B. Hastings nd, with subject blocks and right-ofway highlighted Exhibit C - Surveyor Sketch of Exchanged Areas Exhibit D - Notice of Application Exhibit E - Critical Area mapping Exhibit F -Notice of Public Hearing Exhibit G - Public Comment Procedural: FNDNGS OF FACT { PLP ó.doc; l/l 303ó.00000/} Silver Cloud PPA p. Findings, Conclusions and Decision

2 Page of 1 J l. Applicant. The applicant is Port Townsend Silver Cloud Hotel and James Weymouth. Hearing. The Hearing Examiner conducted a hearing on the subject application on August, 10, at l:30 p.m., in the Olympic Room, Waterman & Katz Building, ll Quincy Street, Port Townsend, WA. t0 11 l t 1 t t l t l Substantive: 3. Site and Proposal Description. The project involves a Plat Alteration of Lots 1 through, Block (including Tideland Districts 10 and 10) lying within the L.B. Hastings Second Addition and Lots through, Block 1 (including Tidelands District ) lying within the Hastings lrst Addition together with the intervening Scott Street right-of-way lying between Water Street and Front Street. The desire is to incorporate the Scott Street right-of-way into the applicant's adjoining lands in Block 1, Hastings 't Addition in exchange-þr transferring to the City all of the applicant's interest in Block,L.. Hastings no Addition. Since the time of original submittal, the applicant has revised their request so that only a portion of the Scott Street right-of-way would be incorporated into the applicant's adjoining lands in Block 1. (Exhibit A - Plat Alteration application and Revised Plat Alteration Map).. Characteristics of the Area. The subject property is located along Port Townsend Bay, south of V/ater Street between Gaines Street and the property occupied by the Tides nn Hotel. The project site includes all of the following legally described lands: The Jefferson County tax parcel numbers associated with these properties are 0 001, 0 00 and that portion of the Scott Street right-oê way lying between Vy'ater Street and Front Street, all of which lie within the NE % of Section l l, Township 30 North, Range 1 'West, WM. The sites are currently vacant.. Adverse mpacts of Proposed Use. The Examiner finds that the proposed project will have no significant adverse impacts. Although the properties contain several confirmed critical areas, the property line alterations have been found to not increase any potential impacts to the conftrmed critical areas. Additionally, the proposal does not include any plans for construction or physical alterations. There was some concern expressed that the Applicant's property had been used for parking for adjacent uses, but under constitutional due process the Applicant cannot be held responsible for any loss of parking that was on his own private property. The Applicant can only be held responsible for problems he creates. Since the Applicant was not required to provide parking on his own property, the loss of that property would not be considered a problem created by his development. CONCLUSONS OF LA\il Procedural: {PLP s.doc; l/l /) Silver Cloud PPA p. Findings, Conclusions and Decision

3 Page 3 of ^J 10 l1 L l3 t l t t l 1 T 1. Authority of Hearine Examiner. All preliminary Plat Alteration requests are classified as Type permits pursuant to the Port Townsend Municipal Code, Chapter.01. Type permit applications are reviewed and processed by Development Services Department staff, which prepares a recommendation on the matter to the Port Townsend Hearing Examiner. PTMC.01.(B). The Hearing Examiner, after conducting an open-record public hearing, renders a decision on the shoreline permit, subject to appeal to the Port Townsend City Council. PTMC.01.(A). All Hearing Examiner decisions that approve a Plat Alteration are preliminary and must be confirmed by the City Council once all conditions established by the Examiner have been met. Substantive:. Comprehensive Plan and Zoning Designations. The subject property is designated both by the comp plan and the zoning code as C-, which is designed to accommodate a wide range of general commercial uses which serve a local or citywide market area. 3. Compliance with Notice Requirements. City staff advertised the application in accordance with RCW 0..10, WAC and the Port Townsend Shoreline Management Master Program Section.0 and PTMC One public comment letter was received regarding opposition to the proposal, stating the proposed property exchange would favor the applicant in terms of net usable land area acquired, and that the alteration would only allow the applicant to build a bigger structure thus diminishing the commenter's shoreline view from atop the bluff to the south.. Permit Review Criteria. Port Townsend Municipal Code (PTMC) Title 1 sets forth the procedures and criteria for review of all types of land divisions, including Plat Alterations. PTMC section D states that: "The process þr resubdívision, alteration and vacation of any existing subdivision is identical to the process þr initial subdivisíon. All such subdivision applications shall conform with the pertinent sections in this title governing the subdivision of property into lots, tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria set forth in RCW.1.1, as now adopted or hereinafter amended." While the "process" for plat alteration is the same as that for "initial subdivision", the approval criteria for subdivision are not applicable to a plat alteration request. There are no specific approval criteria in municipal code other than those found in the applicable state statue - RCW.1.1. RCW Plat Alteration requirements and criteria { PLP.DOC; l/ /} Silver Cloud PPA p.3 Findings, Conclusions and Decision

4 10 11 t t t t t l t t Page of " lhenever any person is interested in the alteration of any subdivision or portion thereof or any area designated or dedicatedfor public use, that person shallfile an application for alteration with the legislative authority of the city, town, or county in *h rh the subdivision is located. The application shall set forth the reasons for alteration and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to alteration... The legislative authority of the city, to,wn, or county shall give notice.'...and conduct a public hearing on the appiícation for a alteratíon and may approve or deny the application þr alrcral on of the subdivision after determining the public use and interest to be served by the alteration of the subdivision. ". The proposed Plat Alterations, as revised and subject to certain conditions of approval, wõuld serve the public interest in several ways. First, the applicant has voluntarily agreed to reserve a ten (10) foot wide public non-motorized easement on the face óf 1}t. Plat Alteration(s). This easement would run along the top of the shoreline bank as it crosses the applicant's current holdings in Block 1 and on lands in the Scott Street right-of-way they would acquire through the Plat Alterations. Second, the Plat Alteràtions facilitate a modest consolidation of commercially zoned property, which will assist in a more cohesive developable area. The exchange also ptoïia"r the public with a longer section of consolidated shoreline, including over än" urr. of tiãelands. Lastly, the Plat Alterations eliminate the pressure for private development on the fragmented remnant area of upland lying within Block,L.. Hastings nd. While not subject to SMP review, DSD staff analyzed the proposed Plat Alterations for any potential inconsistency with adopted shoreline policies. These shoreline policies a e also, by extension, applicable provisions of the City's 1 Comprehensive Plan (Comp Plan Goal 1, pg.n-). The SMP does identify the Scott Süeet right-oêway, and many other street ends, as areas that should be developed for shoreline access and viewpoints. Although an area within Scott Sfieet would be transfened into private ownership, the public would receive an equal (if not greatð opporhrnity for meeting the SMP policy on lands immediately adjacent to it. Given these circumstances, the intent of both the SMP and the Comprehensive Plan is upheld by the proposed Plat Alterations. The hearing examiner shall not approve a proposed development unless the examiner frrst makes the following findings and conclusions: ptmc Section.01.(DXl): The development is consístent.with the Port Townsend comprehensive plan and meets the requirements and intent of the Port Towns end Munic ipal Code.. The proposed preliminary Plat Alteration is consistent with the goals and policies of the 1 Port Townsend Comprehensive Plan, as well as all applicable zoning standards of the Port Townsend Municipal Code. Alteration of the subject properties would result in reconfigured land areas that can be developed more beneficially for both public and private uses. Any future construction or use of the { PLP.DOC; l/l /} Silver Cloud PPA p. Findings, Conclusions and Decision

5 Page of 3 l0 ll t t 1 r l l t t subject properties must comply with the bulk, dimensional and density requirements in effect at the time a development application is sought. PTMC Section.01.(DX): The development is not detrimental to the public health, safety and welfare.. By approving the Plat Alteration, the public interest will suffer no substantial detrimental effect. \Mritten public comment by one adjacent property owner has been substantially addressed by the applicant's revisions. Future development can still be served by adequate public facilities including streets, fire protection, water, sanitary se\ryer, and storm water control. PTMC Section.01.(D)(3): The development adequately mitigates impacts identified under Chapters 1.0 (SEPA) and 1.0 (Environmentally sensitive areas) PTMC.. The City's Responsible Official determined that the project was exempt from review under SEPA. PTMC Section.01,(D)(a): For subdivision applications, Jìndings and conclusions shatt be issued in conþrmance with PTMC Title 1 and RCll.1.i, This section does not apply because the proposed project does not include a subdivision application. DECSON The proposed alteration is consistent with the applicable SMP and Comprehensive Plan criteria. The proposal is approved subject to the conditions listed below. 1. The applicant shall request concurrent approval of the frnal Plat Alterations from the Port Townsend City Council within five () years of the date of Hearing Examiner approval. Said approval shall be presented by the applicant as required by municipal code and shall indicate the precise location of all required and voluntary dedications, easements and open spaces consistent with the revised alteration request and as set forth in these conditions of approval.. Unless determined otherwise by the DSD Director in consultation with the County Auditor and Assessor Offices, a final Plat Alteration survey shall be prepared for eaóh of the plats being altered (i.e. one for the alteration of L.B. Hastings 't and one for the alteration of i.b. Hastings nd). Adequate cross-referencing of each Plat Alteration to the other (including an index sketch and space for hand writing of recording numbers) shall be made on the face of the individual survey filings. 3. Concurrent with recording of the final Plat shall convey to the City of Port Townsend all Alteration survey(s), the applicant of Block A of L.B. Hastings no { PLP.DOC; l/l /} Silver Cloud PPA p. Findings, Conclusions and Decision

6 Page of a J l0 l1 Addition, Plat Alteration No. (all of the former Block, L.B. Hastings nd' together with Tidelands 1 and. Also together with those portions of the Scott Street right-of-way not incorporated into Lot, Block 1, L.B. Hastings 't Addition.. Said conveyance shall be subject to acceptance by the City Council of a deed restriction that limits future use of Block A to public beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses. The conveyance document, and the use limitations contained within it, shall be reviewed and approved by the City Attomey prior to signature by the owner of record and recording. Removal of the deed restriction would only occur with the approval City Council after publication of notice and a public hearing, and only if the Council determined the area was not suitable for the above purposes, or pursuant to a plan that provides comparable or improved public access to the shoreline area. City staff shall present the above deed restriction concept to the City Council for their input within 0 days of the Hearing Examiner's decision. Dated this th day of September,10. 1 t 1 hil Olbrechts City of Port Townsend Hearing Examiner l t 1 t l {PLP.DOC; /l /} Silver Cloud PPA Findings, Conclusions and Decision

BOUNDARY LINE ADJUSTMENT

BOUNDARY LINE ADJUSTMENT DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us BOUNDARY