HomeMy WebLinkAboutMinutes 01/11/1995
e.
.
.
AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
January 11, 1995
7:00 p.m.
I. CALL TO ORDER
ll. ROLL CALL
m. APPROV AL OF MINUTES: Meeting of December 14, 1994
IV.
PUBLIC HEARINGS:
1. STREET VACATION PETITION - PETERSEN - STY 94(12)10.
Portion of the 5/6 Alley: Petition to vacate a portion of the 5/6 alley
located in the west seventy-five feet of Suburban Lot 34.
2. ZONING CODE AMENDMENT - ZCA 95(01)01 - LAND TITLE
COMPANY. CSD. Community Shopping Districts. City-wide: Proposal
to amend the Community Shopping District minimum yard requirements.
3. SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA
95(01)148 - DAISHOW A. Marine Drive: Request for a substantial
development permit to allow the construction of a dust collection system
the existing recycled paper mill site in the M-2, Heavy Industrial District.
4. STREET VACATION PETITION - STV 95(01)01 - DUNCAN. lip"
Street: Request for vacation of one-half of the "P" Street right-of-way at
the intersection of "p" and Eighteenth Streets.
5.
CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT
BIBLE CHURCH, 116 Ahlvers Road: Request for a conditional use
permit to allow a school (K - 12) to be located in an existing church in the
RS-7, Residential Single-Family District. (To be continued to 2/8/95,)
PLANNING COMMISSION: Orville Campbell, Chair, Cindy Souders, Bob Winters, Bob Philpott, Bob King, Tim Gennan, and Linda Nutter.
STAFF; Brad Collins, Director, Sue Roberds Office Specialist, and David Sawyer, Senior Planner.
;.
.
.
.
V. COMMUNICATIONS FROM mE PUBLIC
VI.
STAFF REPORTS:
VD. REPORTS OF COMMISSION MEMBERS:
vm. ADJOURNMENT
All correspondence pertaining to a hearing item received by the Planning DepartmelU at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to
speak. to the request. Information submitted should be factual, relevant and not merely duplication of a previous
presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short
supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or
make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5
minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their
spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be
directed to the Board, not the City Staff representatives present, unless directed to do so by the Chairman.
.
.
.
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
January 11, 1995
7:00 p.m.
ROLL CALL
Members Present:
Orville Campbell, Bob King, Bob Philpott, Cindy
Souders, Linda Nutter, Bob Winters, and Tim
German
Staff Present:
Brad Collins, Sue Roberds, David Sawyer, Bruce
Becker, and Steve Hursch
Public Present:
John Keegan, Paul Dole, Dean Reed, Carol Brown,
Mr. and Mrs. Dave Cebelak, and Carl Alexander
APPRO V AL OF MINUTES
Commissioner Philpott noted a correction to page 13 of the minutes to read "... the City
should not be bribed ...", and a correction to the motion made on page number one in
approval of the minutes to read" ... passed 5.6 - 0." Commissioner Philpott moved to
approve the December 14, 1994, minutes as corrected. Commissioner Winters
seconded the motion. Commissioner Souders noted a transcript of testimony given by
Jack Glaubert at the December 10, 1994, which was placed on the dais prior to the
meeting. Mr. Glaubert stated that he had provided the transcript in the hopes that it
would be included as part of the minutes. Commissioner Nutter suggested the material
be accepted separately as information submitted by Mr. Glaubert, but not as part of the
official minutes. Tbe motion passed unanimously.
Commissioner German asked Mr. Glaubert, 223 Hardwick Point Road, Sequim,
Washington, to elaborate on why he had provided the transcript and asked for it to be
considered as part of the minutes. Mr. Glaubert responded that he had provided
testimony indicating actions are taken based on draft minutes that have not received final
approval and those draft minutes are passed along to a further review body and officially
acted upon. [In this case Mr. Glaubert was referring to his testimony regarding draft
Growth Management Advisory Committee (GMAC) minutes which were passed on to the
Planning Commission for action with regard to the Urban Services Ordinance.] The
public is not getting fair input into the process by such action.
STREET VACATION PETITION - PETERSEN - STY 94(12)10.
Portion of the 5/6 Alley: Petition to vacate a portion of the 5/6 alley
located in the west seventy-five feet of Suburban Lot 34.
Mr. Collins indicated that Mr. Petersen submitted a letter dated January 10, 1995, in
which he indicated he would not be able to attend the scheduled public hearing and asked
Planning Commission
January 11, 1995
Page 2
.
that the matter be continued to the March 8, 1995, meeting. In reviewing the matter,
staff became aware that the State statutes regarding street vacation procedures require that
the petition be acted upon within sixty days from submittal. The applicant has been
unable to attend the meetings as scheduled for this proposal, and the sixty day timeframe
has passed. A new resolution will therefore need to be passed by the City Council
resetting the hearing date and the Commission hearing will need to be reset as well,
As a public hearing had been scheduled, Chair Campbell opened the public hearing.
Dave Cebelak, 2027 West Sixth Street, an abutting property owner, opposed the street
vacation. He expressed distress that the applicants have not been able to proceed with
this process since submitting their petition as he and other neighbors would like to see the
situation resolved. He explained that the applicants were given the right of use of the
alley which separates the two pieces of property they own and were allowed to place two
gates at the property lines which need to be opened and then relatched when driving
through the alleyway at this location. It is a great inconvenience to neighbors. He
provided testimony to indicate that the applicant waS informed by the City at the time of
issuance of the Right-Of-Way Use Permit that should he (Mr. Cebelak) develop the
adjoining property the gates would have to be removed to provide access. He would like
continued use of the alley and removal of the gates at this time.
.
Chair Campbell closed the public hearing recognizing that this issue would be revisited
when the notice requirements have once again been provided for a new hearing, and
reminded Mr. Cebelak that the item would be on a future agenda when the appropriate
notice has once again been placed.
ZONING CODE AMENDMENT - ZCA 95(01)01 - LAND TITLE
COMPANY. CSD. Community Shop-pine Districts. City-wide: Proposal
to amend the Community Shopping District minimum yard requirements.
Brad Collins reviewed the Department Report and responded to questions from
Commissioner Philpott regarding the vision triangle proposed by staff to ensure public
safety if the amendment is approved. Mr. Collins provided a visual display to
demonstrate where vision triangles would be required and their dimensions. The staffs
proposed language combines the logic of the Central Business District loading area
provisions and the vision clearance triangle, which is also found in the Zoning Code.
.
John Keegan, 1501 Fourtb Avenue, Seattle, attorney for the applicants, Land Title
Company and Safeway, stated that the proposed amendment will allow for maximum,
safe, and efficient uses of property in the Community Shopping District, while
maximizing use of those properties in areas which do not abut residential rones.
Although the applicant's proposed amendment is not what staff is proposing, he supported
staffs proposal. Staffs proposal is consistent with the intent and functional purpose of
the applicant's proposal and provides safe vision clearance to avoid vehicle conflicts.
However, he suggested that the driveway leg of the vision triangle be reduced to fifteen
.
.
.
Planning Commission
January 11, 1995
Page 3
feet rather than twenty feet as the current setback is only fifteen feet.
Paul Dole, 2027 West Tenth Street, an employee for Land Title Company supported
the amendment as proposed by staff, but also suggested that the proposed twenty-foot leg
of the vision triangle be reduced to fifteen feet. He thanked the Commission for its
consideration and stated that the amendment would assist in the promotion of
modernization of existing businesses and the retention of their economic and public
contribution to Port Angeles.
Mr. Collins provided further background for the rationale in proposing a twenty-foot
driveway leg along a vision triangle, but noted that the CSD District is a less intensive
commercial district than some commercial districts, and he agreed that a fifteen foot
driveway leg would be appropriate in the CSD District.
There being no further comment, Chair Campbell closed the public hearing.
Following limited discussion, Commissioner Winters moved to recommend approval
of the proposed Zoning Code Amendment as follows citing the fmdings and
conclusions noted in the staff report:
"No structure shall be built within 15 feet of an alley that abuts a residential zoning
classification or of any property that has a residential zoning classification. Setbacks shall
conform to the requirements of Ordinance No. 1635 for arterial streets. No other
setbacks are required. exceot no loading structure Of dock with access onto an alley shall
be built within 15 feet of the alley nor driveway access onto an alley allowed without a
vision clearance triangle. The vision clearance triangle shall extend 10 feet along the
alley and 15 feet along the edge of the driveway. measured from the point of intersection
of each side of the driveway and the alley right-of-way line. II
Findines:
1. The proposed amendment has been made by existing businesses to clarify code
language which they believe imposes an unnecessary restriction on commercial
developments abutting alleys in the CSD Zone.
2. The Comprehensive Plan has been feviewed with respect to the proposal, and
Land Use Goals C, D, E and Policies E2 & E3; Transportation Goal B and
Policies B.l1 & B.14; Utilities Policy D5; Economic Development Goal A and
Policies AI, A3, A4 have been identified in particular.
3.
The Community Shopping District (CSD) Zone represents those areas where
businesses are serving the immediate needs of the surrounding residential zones
and which provide a transition area from the most restrictive commercial zones
to those of lesser restrictions.
.
.
.
Planning Commission
January 11, 1995
Page 4
4.
The CSD Zone allows a variety of commercial uses including offices~
supermarkets, restaurants~ service stations, and taverns.
5. A Determination of Non-Significance was issued for the proposal on December
23, 1994.
Conclusions:
A, The Zoning Code Amendment is in the public use and interest~ because it clarifies
restrictions necessary for commercial development abutting an alley and/or
residentially zoned property.
B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals
and Policies as identified in the staff report by promoting retention and
modernization of existing businesses and maintaining Port Angeles as a major
economic center.
C. The Zoning Code Amendment is consistent with the intent of Chapter 17.22 of
the Port Angeles Municipal Code to provide a transition area from the most
restrictive commercial zones to those of lesser restrictions while serving the
immediate needs of the surrounding residential zones.
Commissioner Philpott seconded the motion.
Commissioner Souders suggested rewording the amendment to be more user friendly~ to
read: "No loading structure or dock with access onto the alley shall be built within
15 feet of an. alley. Driveway access onto an alley shall maintain a vision clearance
triangle. The vision clearance triangle shall extend 10 feet along the alley and 15 feet
along the edge of the driveway, measured from the point of intersection of each side
of the driveway and the alley right-or-way line." The maker and second of the
motion agreed and the motion passed unanimously.
SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA
95(01)148 - DAISHOW A. Marine Drive: Request for a substantial
development permit to allow the construction of a dust collection system
the existing recycled paper mill site in the M-2, Heavy Industrial District.
Chair Campbell withdrew from the meeting due to a potential conflict of interest. Vice
Chair Winters assumed the Chair and called for a break at 8: 10 p,m. The meeting
reconvened at 8:25 p.m.
David Sawyer reviewed the Department Report, correcting the area of the dust collection
building as being 25' x 30' (not 25' x 190') and 39' high. Vice Chair Winters opened
the public hearing.
Planning Commission
January 11, 1995
Page 5
.
Dean Reed, P.O. Box 271, Port Angeles, Daishowa America, further explained the
project as primarily a health and welfare issue for the employees who work inside the
recycle plant warehouse. The bales of paper coming into the warehouse are highly
impacted and machinery used to break the bales apart results in a tremendous amount of
dust. Equipment will be installed which will pull dust particulants from the air through
a duct system which exits the building through a baghouse system with discharge into the
atmosphere. He asked that the requirement to have a professional archaeologist on-site
during the construction of the foundation be eliminated. To support that request he
submitted a packet of information containing documentation that the site was previously
disturbed during the construction of the recycle pulping facility and that the area which
would support footings for new construction has been previously excavated to a depth
from four feet to nine feet and filled with clean material from off-site during that
construction. The current proposal will result in excavation which is limited to that
required to place equipment foundations. Therefore, as there is nothing of an original
nature in that site, to incur the expense of requiring an archaeologist to be on-site during
the new foundation placement would be an unnecessary and excessive expense.
.
Carol Brown, 2851 Lower Elwha Road, Environmental Coordinator for the Lower
Elwha S'Klallam Tribe, indicated that the Tribe does not wish to be difficult in this issue.
It was her opinion that if the ground has indeed been disturbed as fully documented by
the applicant and by the professional archaeologist who performed the original work, the
Tribe would have no problem in eliminating the condition for this permit; however, she
asked for the opportunity to confer with the Tribal Council at its meeting on January 17
for an official decision. She expressed the Tribe's appreciation for the thoroughness of
the City in calling the situation to the Commission's attention, and also appreciates the
conscientious efforts of Daishowa America as demonstrated in the past in paying attention
to the Tribe's archaeological concerns.
Brad Collins noted that if the Tribe officially concurs with the request given the
information provided by Mr. Reed, the condition of the Mitigated Determination of Non-
Significance (MONS) would be considered satisfied.
There being no further comments, Vice Chair Winters closed the public hearing.
Commissioner Philpott moved to recommend approval of the Substantial
Development Permit as recommended by staff, with the deletion of staff's proposed
Condition No.1, and the addition of one finding and one conclusion, suggested by
Commissioner Souders, per testimony given as follows:
Conditions:
1.
Proper erosion and sediment control practices shall be used on the construction
site and adjacent areas to prevent upland sediments from entering any marine
waters.
.
.
.
.
Planning Commission
January 11, 1995
Page 6
2. Any unimproved areas disturbed or created by construction activities shall be
revegetated .
Findings:
1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial
Development Permit on November 28, 1994.
2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City
of Port Angeles SEPA Responsible Official on December 13, 1994.
3. The City received one comment on the MDNS from the State Department of
Ecology which is addressed in the conditions of approval.
4. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
5. The application is to construct a dust collection system for use by the existing
recycled paper mill.
6.
The facility is on the site previously occupied by a S'K.1allam Village, Because
the project involves excavation of earth, an MDNS was issued which requires
monitoring by a qualified archeologist.
7. The project has been previously excavated and filled with new material to a depth
of at least four feet. The applicant stated that the project excavation would be not
exceed approximately eighteen inches to support foundation footings.
8. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning
Ordinance have been reviewed with respect to this application.
9. The site is zoned M - 2 and designated Heavy Industrial in the Comprehensive
Plan.
Conclusions:
A. As conditioned, the project is consistent with the City's Shoreline Master Plan's
Urban Environment Policies C.4, D.7, and F.18 as well as the City's
Comprehensive Plan Land Use Policy H, 13 and Conservation Policies B, 10 and
18.
B. As conditioned, the project will not be detrimental to the shoreline.
C.
The project will improve air quality for employees of Daishowa America Mill
plant.
The question was caUed and passed unanimously.
.
.
.
Planning Commission
January 11, 1995
Page 7
STREET V ACA TION PETITION - STY 95(01)01 - DUNCAN. liP"
Street: Request for vacation of one-half of the "P" Street right-of-way at
the intersection of "ptI and Eighteenth Streets.
Mr. Collins informed the Commission that investigation of this petition indicated that the
right-of-way being requested for vacation is not actually right-of-way but an easement
dedicated as part of a short plat. The property noted as an easement was required in the
event access in the area of the previously vacated "P" Street is needed at a future date.
The applicant would have to follow a different procedure to eliminate that easement.
Therefore, the application has been refunded. As there was no one present to speak to
the issue, the Chair indicated that the public hearing is a moot issue.
CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT
BffiLE CHURCH. 116 Ahlvers Road: Request for a conditional use
permit to allow a school (K - 12) to be located in an existing church in the
RS-7, Residential Single-Family District. (fo be continued to 2/8/95.)
Commissioner German withdrew from the meeting for this issue due to a conflict of
interest.
Chair Campbell opened the public hearing, and given the information from staff that the
item should be continued due to the need to obtain additional information from the
applicant regarding a traffic analysis, Commissioner Philpott moved to continue the
item to the February 8, 1995, meeting. Commissioner King seconded the motion,
which passed 6 - O.
Commissioner German returned to the meeting room.
COMMUNlCA TIONS FROM THE PUBLIC
Mr. Sawyer noted a letter received on January 4, 1995, from the State Department of
Community, Trade and Economic Development explaining how and what sanctions may
be imposed on communities that have not completed development regulation review
consistent with the Comprehensive Plan. Mr. Collins stated that rather than be sanctioned
the City of Port Angeles may actually benefit in this case as it is one of the few that will
have complied with the spirit and intent of the Growth Management Act and has adopted
its Comprehensive Plan with review of the development regulations nearly complete.
STAFF REPORTS
Brad Collins noted that the City is currently reviewing a very large project being
proposed within the interim urban growth area that brings into question a lot of the issues
involved in growth management planning and demonstrates how growth management
planning can serve the interests of the City.
.
".
-.
Planning Commission
January 11, 1995
Page 8
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott stated his concern that once again the southerly lane of First Street
is becoming broken up again as it was not repaired properly by the State last year. With
the busy season approaching, it doesn't project a good image for the City as those
traveling the area are not aware it is the State's responsibility, nor is it an indication of
good expense of State monies.
ADJOURNMENT
The meeting adjourned at 9:25 p.m.
d21t~)~dL(
Orville Campbell, Chair
Brad Collins, Secretary
PREPARED BY: S. Roberds
..
PLEASE SIGN IN
CITY OF PORT ANGELES
Planning Commission Attendance Roster
Meeting Date:
/
.....