HomeMy WebLinkAboutMinutes 01/12/2011ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
January 12, 2011
6:00 p.m.
Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers,
David Miller, Mike Caudill
Members Excused: Sissi Bruch
Staff Present: Nathan West, Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Duane and Bonnie Almaden, Kim Weimer, Darlene
Schanfald, Tyler Ahlgren, Marilyn Harbaugh, Tina Corey,
Richard Bonine, Kathryn Neal, Nancy Bell, Mike
Puntenney, Diane Martin
PLEDGE OF ALLEGIANCE
Chair Matthews opened the meeting at 6 P.M. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Powers moved to approve the December 8, 2010, regular meeting
minutes. The motion was seconded by Commissioner Reiss, and passed 6 0.
PUBLIC HEARINGS:
SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE
PERMIT SMA 10 -05 CITY OF PORT ANGELES Port Angeles
waterfront between Oak Street to 1509 Columbia Street (City's Wastewater
Treatment Plant): Construct a wastewater conveyance system separating
sanitary sewer and stormwater to eliminate release of sewage into Port Angeles
Harbor (This item is continued from December 8, 2010
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
Shoreline Substantial Development Conditional Use Permit and responded to a series of
questions from Commissioners regarding the development.
Chair Matthews qualified the Commissioners regarding Appearance of Fairness matters. All
Commissioners responded for the record that they had no Appearance of Fairness or conflict of
interest issues with regard to the pending application. The Chair then reviewed the quasi judicial
public hearing procedures for audience members and opened the public hearing.
Kathryn Neal, Engineering Manager for the City of Port Angeles Public Works and
Utilities Department was present to respond to questions from the Commission. She noted that
the construction project is slated to take approximately 22 months to complete, beginning
hopefully in August, 2011 to June 2013
Planning Comm,ssmn Minutes
January 12, 20/1
Page 2
Commissioner Powers expressed concern that the public's use of the Waterfront Trail would be
interrupted during construction. Engineering Manager Neal noted that while there would be no
disruption along the industrial waterline area, there would necessarily be disruption at each of the
pit sites for short periods of time. Construction crews will take every precaution and use what
means they have to avoid unnecessary disruption of the Trail with public safety being the main
concern.
Ms. Neal continued to respond to questions of the Commission by saying that the slip lining
process takes approximately 100 days and that site work within the Rayonier Mill property will
require Trail closure because the site is known to contain soil contaminants. Construction work
will cause soil disruption and therefore it will be necessary to contain the site to avoid any
potential exposure to the public. A recently approved sewer overflow (SSO) project, funded by
the National Park Service, deals with sewer from the Lower Elwha area as a result of the dam
removal project. The subject combined storm/sewer overflow (CSO) project deals with ongoing
discharge that the City is addressing under the direction of the State Department of Ecology
The project has been discussed at Council for many years and Council has chosen to address the
matter through construction of a conveyance system that has gone through a rigorous
engineering review and is the subject of this permit. The CSO addresses the storm/sewer
overflow issue by increasing the capacity of the holding system and combining the pipe
conveyance by using the 48" abandoned industrial waterline that is already in place as a conduit
rather than laying new pipe.
In response to a question from Commissioner Reiss, Engineer Neal said that approximately
30% of the City's stormwater will be handled by this system. Part of the project is to increase
the holding capacity of the existing plant from 13M gallons to 20M gallons. The Rayonier
outfall that will be used extends further into the Harbor than does the existing outfall and has
been examined for contaminants. A sediment analysis is required by the Department of Ecology
for use of the Rayonier outfall prior to and during use of the outfall.
Darlene Schanfald, P.O. Box 2644, Sequim, WA disputed that all of the pipeline is not within
the 200' shoreline jurisdiction, as has been stated by staff'. Ms. Shanfald distributed photos she
received from the City's files indicating damage to the Waterfront Trail and shoreline area
caused by severe storms. She stated that global warming will cause more damage to the
waterfront and the pipeline is thus in a dangerous location being within the shoreline area. The
City should be using low impact development techniques rather than relying on a piping system
to handle storm/sewer overflow problems.
Tyler Ahlgren, P.O. Box 2849, Port Angeles, WA stated that the construction approach to
handling storm /sewer overflow is piecemeal planning. Total cost is not known. This is the
largest project in the history of the City at a cost of $50M. The project is too open ended with
too many unanswered questions. Mr Ahlgren was open to debate of the engineering issues.
Engineering Manager Neal responded that the project has been directed by Council and
overseen by the Department of Ecology The matter has been debated over a period of many
years and the project has undergone extensive engineering for at least the past 3 5 years. Staff
absolutely does understand what is being built and how to accomplish the intended result. She is
aware that some members of the community are opposed to the direction the Council has chosen
Planning Commission Minutes
January 11, 2011
Page 3
to take in this matter, but while there are differences of opinion, the proposed activity is the
approach that has been directed by Council.
In response to Commissioner Reiss, Engineer Neal stated that the entire system is well protected
and will withstand a great deal of earth disturbance without damage. She explained how the
conveyance pipelines will be protected within the larger steel pipeline, and described the
sophisticated method of welding that will be used to avoid breaks or disruption in flow in the
event of earth shift. The HDPE pipe that will be used flexes, and will be butt welded to avoid
joints.
She closed by noting that main project elements include (1) increased conveyance capacity; (2)
an increase in capacity of the treatment facility itself upland from the shoreline; (3) an additional
5M gallon storage tank; and (4) increase in the distance of the outfall from the shoreline than
now exists. The Department of Ecology has gone on record as endorsing the proposed plan.
Planner Johns commented that this construction is not meant to address the full scope of
stormwater handling within the City, but is a main piece of the full scope and has been
engineered for several years to make sure all issues are addressed logically and to the best
engineering standard possible for the cost.
Marilyn Harbaugh, 312 West Fifth Street said that it appeared a lot of thought and studies
have been done with regard to the project and it seems like a lot of time has been spent analyzing
the issues. It makes sense to treat the storm/sewer and not to have to construct new pipelines
when existing pipelines will work. The proposal appears to be taking the next step forward.
Nancy Bell, P.O. Box 1721, Port Angeles, WA thanked the Commission for its service and felt
that the project represented smart engineering practice. It is wrong to discharge into the ocean.
It is an excellent project but we should continue to look for ways to handle stormwater as a
whole.
There being no further testimony, Chair Matthews closed the public hearing.
Commissioner Reiss stated that, while the City should continue to review and support low
impact development standards that are sustainable and effective, the shoreline permit application
is for consideration of the construction activity within the shoreline location as it relates to the
City's regulatory guidelines. The issue is not whether a different procedure should be
considered. The proposal may not be acceptable to all, but it is better than what currently exists,
and moves the City into compliance with State mandates and Council directives. He therefore
moved to approve the Shoreline Substantial Development Conditional Use Permit with the
following conditions, citing the following findings and conclusions in support of that action:
Conditions
1 The applicant is responsible for obtaining all necessary permits from local, state and
federal agencies. Verification of permit issuance shall be supplied to the city prior to
beginning any site alteration or construction.
Planning Commission Minutes
January l2, 20/1
Page 4
2. The Environmental Protection Agency, Department of Archaeology and Historic
Preservation and the City shall prepare and implement a Section 106 Memorandum of
Agreement (MOA) that sets forth a number of archaeological conditions stipulated for the
project construction. The City must fulfill the conditions of the MOA in order to meet
local, state, and federal laws and regulations pertaining to archaeological and historical
site preservation.
3 Project proponents shall substantially implement the mitigation actions described in the
"Conceptual Wetland and Stream Buffer Mitigation Plan" dated August 2010. Any
deviation from the plan shall be detailed in writing and approved by Community and
Economic Development staff prior to implementation of said changes to the plan.
4 Work will necessarily affect use of the Waterfront Trail at certain junctures. Work
closures to Trail shall be kept to a minimum in order to minimize inconvenience to users,
and accommodations to keep the Trail open to the public shall be incorporated into work
plans. Work schedules shall be modified such that use of the Waterfront Trail for special
events will not be significantly disrupted.
5 All disturbed and stockpiled soils shall be stabilized in such a manner that the soils will
not be transported by wind or water erosion. Soil stabilization shall meet Department of
Ecology guidelines /criteria for timing and best management practices.
Findings
Based on the information provided in the January 12, 2011, Staff Report for SMA 10 -05
including all of its attachments, comments and information presented during the public hearing,
and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1 An application for a shoreline permit was submitted by the City of Port Angeles, Public
Works and Utilities Department, on October 27, 2010 for the construction of
stormwater /sanitary sewer separation structures. The application indicates that the work
will occur within public rights -of -way and on city owned properties along the Port
Angeles Harbor, portions of which are adjacent to the Waterfront Trail. Portions of the
project will occur on lands owned by Rayonier with an easements granted for the
project. The project will begin at the intersection of Railroad Avenue and Oak Street in
Downtown Port Angeles and extend east to the City's wastewater treatment plant located
at 1509 Columbia Street. Restoration of the site conditions and revegetation of any
disturbed areas will also occur Best management practices will be incorporated to
address potential erosion and adverse impacts to air or water quality from the
construction.
2. In accordance with the Shoreline Management Act Section WAC 173 -27 -170 and the
local Shoreline Master Program, a conditional use may be granted if it can be
demonstrated that all five of the specified criteria can be met, as well as consideration of
the cumulative effects of the request. The criteria include assurances that: 1) applicable
policies of RCW 90.58.020 and the local Master Program are maintained, 2) the use will
not interfere with normal public use of public shorelines; 3) the proposed use of the site
and design of the project is compatible with other authorized uses within the area and
with uses planned for the area under the Comprehensive Plan and Shoreline Master
Planning Commission Minutes
January 12, 2011
Page 5
Program, 4) no adverse effects to the shoreline will result; and 5) that the public interest
is maintained.
3 The project was designed with 2 primary goals. The first goal is to meet the State
Department of Ecology mandate to reduce sewer overflow episodes to that mandated by
DOE, and second to minimize adverse impacts to environmental and archaeological
resources along the shoreline by utilizing an existing abandoned facility
4 The route chosen for the project piping was based on the existence of the available
Industrial Water Line (IWL) thus requiring the least new construction. Use of the
existing infrastructure allows the new pipes to be put in place with the least impact to the
marine shoreline and does not require acquisition of additional properties along the
route.
5 A Section 106 Cultural Resources Assessment prepared by the City Archaeologist
recommended a finding of "Conditional No Adverse Effect" to significant historic
resources. Conditions were included with the assessment and the Washington State
Department of Archaeology and Historic Preservation, The Department of Ecology, and
the Environmental Protection Agency are requiring a Section 106 Memorandum of
Agreement specifying the stipulatory conditions agreed to meet the conditional finding
of no adverse effect. Among these conditions are additional consultation efforts with
concerned Native American tribes, implementation of an Inadvertent Discovery and
Archaeological Monitoring Plan with participation of Lower Elwha Klallam cultural
monitors, and an additional phase of pre construction archaeological sampling within the
Area of Potential Effect.
6 The applicant submitted a Conceptual Wetland and Stream Buffer Mitigation Plan. The
Plan indicates that the result of the project will meet or exceed the current environmental
conditions on the site.
7 A Determination of Non Significance(DNS) and Adoption of Environmental Documents
was issued by the City of Port Angeles SEPA Responsible Official for the proposal on
December 6, 2010, and forwarded to all agencies with jurisdiction on December 6, 2010
No action was taken by the City within 14 days of forwarding the DNS to other agencies
and no comments were received from any agency with jurisdiction within the period of
time allowed for comments from agencies with jurisdiction per WAC 197- 11- 340(2)(a).
8. The City of Port Angeles Shoreline Master Program and Critical Areas Ordinances
(Title 15 PAMC), and Zoning Ordinance (Title 17 PAMC), were reviewed with respect
to this application.
9 The City's Comprehensive Plan was reviewed in its entirety with respect to this
application. The following goals and policies were found to be most relevant to the
proposed project: Comprehensive Plan Land Use Element Policies A -2, J -2, and Utilities
and Public Services Element Policies A -1, B -1, D -1 and 5, Conservation Element
Policies B -2, 7 through 12, and 19; and the City's Shoreline Master Program's Urban
Harbor, Aquatic Harbor, and Aquatic Conservancy designations and Chapter 3, Goals A,
10 and 11, D, 1, 3, 6, and 7, G, 1 and 2; Chapter 4, Policies A, 1, B, 1 and 2, C, 1 -4 and
6, D, 1, F, 1 and 2, H, 1 -3, J, 1 -3, L, 1 -6; Chapter 5, Policies 1, 4, 5, 8, and 10; and
Chapter 6, Policies I, 1 -5, and all associated regulations.
Planning Commission Minutes
January 12, 2011
Page 6
10. A separate Environmentally Sensitive Areas review and Wetland Permit have been
issued per Sections 15.20 and 15.24 PAMC relative to anticipated impacts to
environmentally sensitive areas located outside of the shoreline jurisdiction that area
component of the construction work.
11 The site is designated Commercial, Open Space, and Industrial on the City's
Comprehensive Plan Land Use Map; are zoned Public Buildings and Parks, Central
Business District, Industrial Heavy, and Commercial Arterial on the City's Zoning Map;,
and Urban Harbor, Aquatic Harbor, and Aquatic Conservancy, in the City's Shoreline
Master Program.
12. Chapters 5 and 6 of the City's Shoreline Master Program indicate that primary utilities
located within the shoreline jurisdiction require approval of a shoreline substantial
development conditional use permit. Shoreline substantial development conditional use
permits are processed per WAC and require final approval by the State Department of
Ecology
13 The City's waterfront trail runs east and west along much of the project length.
Temporary disruptions and closures to use of the waterfront trail will occur during
periods of construction.
Conclusions
Based on the information provided in the January 12, 2011, Staff Report for SMA 10 -05
including all of its attachments, comments and information presented during the public hearing,
the Planning Commission's discussion and deliberation, and the above listed findings, the City of
Port Angeles Planning Commission hereby concludes that:
A. The proposed project as conditioned, is consistent with the City Comprehensive Plan,
Zoning Ordinance, and Shoreline Master Program.
B. As conditioned, the proposal meets the criteria specified for a conditional use permit
under the City's Shoreline Master Program.
C. As conditioned the project will implement and accomplish the goals established by the
Department of Ecology for the elimination of combined stormwater /sewer overflows into
the Port Angeles Harbor, and will not create long term impacts to the marine shoreline.
D As conditioned, the proposed project will enhance the environmental conditions along the
project corridor
The motion was seconded by Commissioner Boyle, and passed 6 0.
STREET VACATION PETITION ALMADEN STV 10 -03 Portion of the
Lauridsen/Lopez Alley east of Albert Street: Request for vacation of unopened
right -of -way
Planning Manager Sue Roberds reviewed the Department Report recommending approval of
the street vacation as proposed with an easement reserved for potential utility extension in the
area. Chair Matthews opened the public hearing.
Planning Commission Minutes
January 12, 2011
Page 7
Duane Almaden, 2309 South Eunice, Port Angeles indicated that he has used the right -of -way
as yard for 40 years but would like to ensure that it remains as such and so has applied for
vacation of the alley abutting his residence. He described development in the area and is aware
that the Housing Authority of the County of Clallam is designing a rebuild of property to the
south of the site. Mr Almaden is aware of the proposed condition to retain an easement along
the south property line.
There being no further testimony, Chair Matthews closed the public hearing.
Following brief discussion, Commissioner Powers moved to recommend approval of the
street vacation petition with the following condition, citing the following findings and
conclusions in support of the recommendation:
Condition.
1 Property owned by the petitioners and right -of -way acquired through the subject vacation
shall be combined into one building site through the filing of a Zoning Lot Covenant
during the vacation transaction.
Findings:
1 A petition requesting vacation of that portion of the Lauridsen Boulevard/Lopez Avenue
alley right -of -way between Eunice and Francis Streets abutting the south half of Lot 5
Broadway Addition and Lots 6 11, Broadway Addition, was submitted to the City of
Port Angeles on July 12, 2010 The subject petition is signed by 100% of the abutting
property owners.
2. The procedure for consideration of the vacation of rights -of -way is set forth in 35 79
RCW that requires the signatures of two thirds of abutting property owners to validate a
petition for vacation of right -of -way State law provides for vacation only to abutting
property owners. Abutting property is owned by petitioners Mr and Mrs Duane
Almaden and the Housing Authority of the County of Clallam (HACC).
3 The right -of -way was originally platted in 1916 to provide secondary access to lots
within the Broadway Addition subdivision. The subject right -of -way is 20 feet in width
extending between Eunice and Francis Streets a distance of approximately 151 feet for a
total area of approximately 3,020 square feet.
4 The alley right -of -way corridor is adjacent to property that is owned by the Almadens,
the HACC, and a property to the east owned by Mr and Mrs. Thomas Meehan (not
parties to this vacation action). Primary access to the Almaden property and HACC
properties (north and south respectively of the right -of -way) is from Eunice Street with
primary access to the Meehan property and additional access to the HACC property from
Francis Street.
5 The Almaden property and Meehan property (north side of the right -of -way) are zoned
RS -7 Residential Single Family and RFD Residential High Density, respectively; the
HACC ownership (south side of the right -of -way) is zoned RMD Residential Medium
Density
6. The Almadens have used the subject right -of -way as yard space for many years.
Likewise, property owners to the east of the Almadens, the Meehans, have developed and
Planning Commission Minutes
January 12, 2011
Page 8
use the east portion of the alley right -of -way as access to their property, that is developed
as an apartment structure, for many years. The HACC property to the south of the
Meehan ownership can be accessed via the east end of the alley without the need to use
the west (subject area) alley right -of -way The HACC has never used the subject portion
of the right -of -way abutting their ownership at the west end of the alley, and by signature
on the petition, indicate that they do not need the right -of -way for current or future use.
7 The City's Comprehensive Plan and Land Use Map were reviewed for consistency with
the proposed vacation of right -of -way Land Use Element, Map Goals, Policies, and
Objective Element Goal A is relevant to the proposal. Intended development of the area
is Low Density Residential (LDR) and Medium Density Residential (MDR).
8. The Port Angeles City Council's Real Estate Committee met on October 4, 2010, and
concluded with support for the vacation of right of way based on the unlikely need for the
public to use the right -of -way and historic use of the alley by abutting property owners.
Compensation was set at $6.50 per square foot, which is the current assessed rate of the
adjacent properties.
9 The vacating of a street is categorically exempt from a State Environmental Policy Act
(SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code.
10 City departments including Fire, Public Works and Utilities, Building, and Comrnunity
Economic Development, support the proposed vacation. The City's Public Works
Utilities Department requests an easement along the south portion of the right -of -way for
future utility purposes as the future need for the existing service pole in that location has
not been determined.
12. The site was posted regarding the proposed land use action on December 21, 2010. Staff
contacted Mr. and Mrs. Meehan to determine if they would like to enjoin the action.
Although the Meehans were interested in vacation of the right -of -way abutting their
ownership, the HACC was not in favor of such an action due to potential redevelopment
of the HACC property south of the alley The Meehans preferred not to join in the
petition request but had no objection to the current petition by the Almadens and the
HACC for the opposite end of the alley No written public comment was received with
regard to posting for impending land use action.
13 Pertinent issues analyzed in review of the petition are as follow
Traffic Patterns Established traffic patterns in the area will not change. Primary access
to properties in the area will continue to be from Eunice or Francis Streets.
Development Patterns Reservation of an easement for access to the existing utility
service pole will ensure a utility corridor to access the pole and extend service to
properties in the area if such service is needed in the future.
Environmentally Sensitive Areas (ESA) No environmentally sensitive areas exist on the
site. The Peabody Creek ravine is located approximately 930 feet east of the location.
Public Health, Safety and Welfare The right -of -way was platted to serve as secondary
access to adjacent properties but has been used as yard space to the adjacent property
owners, the Almadens, and has never been opened to the public since platting in 1916.
Pla n ng Comnnss:an Ai mules
January 12, 2011
Page 9
Properties in the area are served by other adjacent neighborhood streets. Established
emergency access to properties in the area will not be affected by the vacation action.
14 Consolidation of the right -of -way with the abutting property following vacation can be
accomplished by the filing of Zoning Lot Covenants such that no remnant or new lots
will be created by the vacation action.
15 At its October 19, 2010, regular meeting, the Port Angeles City Council established a
public hearing date by Resolution 21 -10 for action on the street vacation petition as
December 7, 2010. On December 7, 2010, Council continued consideration of the
petition to its February 1, 2011, regular meeting to enable the Planning Commission to
review the matter and forward a recommendation on same to the Council. The reason for
continuance was to enable staff to complete discussion with neighboring property
owners, the Meehans, as to their desire to participate in the vacation action.
16. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation at a special meeting conducted on January 12, 2011
Conclusions:
A. As conditioned, vacation action will allow abutting property owners to enlarge their site
area to include the right -of -way that has been used for many years as yard space, thereby
placing property not needed for public use back on the tax role which is then in the public
interest.
B. Site consolidation will ensure that no remnant or nonconforming lots are created.
C. Vacation of the right -of -way will not alter or inhibit the ability to provide adequate
emergency response to the area nor will vacation change established traffic patterns in the
neighborhood and will therefore not pose a public safety issue.
D As conditioned, vacation action will not preclude future utility service development to
properties in the area.
C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically Land Use Map Goal, Policies and Objective Element Goal A.
The motion was seconded by Commissioner Caudill and passed 6 0.
CONDITIONAL USE PERMIT CUP 10 -05 CITY OF PORT ANGELES
COMMUNITY GARDEN 328 East Fifth Street: Proposal to establish a community
garden use in the Commercial Office (CO) zone.
Planning Manager Roberds reviewed the Department Report recommending approval of the conditional
use permit to establish a community garden use in the CO zone. She used a Power Point display to
identify the site and its intended development pattern and noted a revision to proposed Condition #3 to
reduce the number of on site parking spaces for the initial one year period, subject to review Chair
Matthews opened the public hearing.
Richard Bonine, City of' Port Angeles Recreation Division, was present for questions. Mr Bonine
stated that the site will provide an area where garden space can be rented to individual users and where
food can be grown to support the Food Bank as well as provide a park like area where the public can
observe farming techniques and results. The activity will eliminate the existence of a unused City
property and eliminate mowing during seasonal months.
Planning Commission Minutes
January 12, 2011
Page 10
In response to Commissioner Reiss, Mr Bonine answered that a management group will be established
and plots will be reserved on a first come first served basis. There will be approximately 50 60 plots
that may be leased for a growing season for a small fee that will cover mainly development costs,
insurance, and utilities. The County charges range from $35 to $45 per year for a plot. In his experience,
no more than 4 5 people will show up at once to maintain a plot so he didn't think parking would be a
concern. The site will be fenced and he did not believe that more than $5,000 would be needed to create
the final product. His budget will cover the anticipated development fees that will be paid back by lease
payments.
In answering several questions from Commissioners, Mr Bonine responded that the management group
will not be City staff, but will be run by citizens. Staff will assist. Mr Bonine noted that, as this is a first
in the City, a one year initial approval will be a good trial run and any concerns can be worked out if the
use is extended.
Diane Martin, 229 Lopez Avenue will help manage the garden. She assists in management of the pea
patch garden in the Seattle area but lives in Port Angeles. Soil testing is very important and will be done
before gardening will be in full swing.
Kim Weimer, P.O. Box 2803, Port Angeles is a neighboring property owner and supports the use. He is
not at all worried about the establishment of a community garden in the neighborhood or the zone. It is a
good thing.
There being no further testimony, Chair Matthews closed the public hearing.
Following brief discussion, Commissioner Caudill moved to approve the conditional use permit
subject to the following conditions, and supported by the following findings and conclusions:
Conditions:
1 The conditional use permit shall be issued for an initial one year period to the City of Port
Angeles to oversee and manage the community garden. If continued operation is desired beyond
January 12, 2012, an extension must be requested prior to expiration of the permit.
2. Site development shall be compatible with the adjacent residential and business
environment and will not involve equipment or processes that introduce noise, smoke, dust,
fumes, vibrations, odors, or other hazards in excess of those normally found in residential areas.
As public owned property, the activity shall not be operated such that it results in a nuisance
activity
3 The site shall contain 4 on -site parking spaces at the rear of the site. Each parking site
shall be designed to be, at minimum 23' in length, a minimum distance for parking backing into
an alley The parking area shall be graveled and signed identifying that it is provided for the
community garden activity The management plan shall identify nearby locations for overflow
parking.
4 A double check assembly must be installed on the existing water service. All water
services shall be installed with proper permits and inspections.
5 A management group shall be established to oversee the activity and ensure maintenance
of the site such that the operation does not detract from surrounding uses. The management plan
shall include guidelines for the use of pesticides and fertilizers and shall be reviewed by City
staff prior to commencement of the activity The management plan will indicate to users that
they should park on site whenever practically possible due to constrained parking in the area.
Findings:
Planning Commission Minutes
fanning 12, 2011
Page 11
1 An application for a conditional use permit was submitted by the City of Port Angeles to
develop a temporary community garden use on undeveloped City property on October 28, 2010
The application was determined complete on October 30, 2010
2. The proposed site location is 328 East Fifth Street, and is legally described as Lots 3 and
4, Block 199, Townsite of Port Angeles. The property measures 100' x 140' being 14,000 square
feet in area. The site is located in the City's Commercial Office (CO) zone (Section 17.20
PAMC) approximately one block west of the Peabody Creek ravine.
3 Section 17.20.160 of the Port Angeles Municipal Code (PAMC) identifies conditional
uses that are permitted in the Commercial Office zone. Section 17.20 160 (P) PAMC provides
that "Other uses compatible with the intent of this Chapter" can be considered by the Planning
Commission.
4 17.20 010 PAMC defines the purpose of the CO zone as This is a commercial zone
intended for those business, office, administrative or professional uses that do not involve the
retail sale of goods, but rather provide a service to clients, the provision of which does not
create high traffic volumes, involve extended hours of operation, or contain impacts that would
be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any
impacts detrimental to single family residential uses are allowed. This zone provides the basic
urban land use pattern for small lot, transitional uses between residential neighborhoods and
commercial zones with direct access on an arterial street and design standards compatible with
residential development."
5 Per 17.96 050 PAMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission may grant said permits that are consistent and compatible with the
purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not
contrary to the public use and interest. The Planning Commission may refuse to issue a
conditional use permit if the characteristics of the intended use as related to the specific proposed
site are such as would defeat the purpose of these Zoning Regulations by introducing
incompatible, detrimental, or hazardous conditions. In each application the Planning
Commission may impose whatever restrictions or conditions they consider essential to protect
the public health, safety, and welfare, and to prevent depreciation of neighboring property
6. PAMC Section 17.96.070 requires that notice of conditional use permit applications be
given per Section 17.96.140 PAMC with a public hearing scheduled before the Planning
Commission. The Planning Commission's decision shall be final unless appealed to the City
Council within 14 -days of approval by the Planning Commission.
7 The site was posted for notice of land use action with notice sent to surrounding
property owners on November 18, 2010 Publication appeared in the Peninsula Daily News on
November 29, 2010 The written public comment expired on December 6, 2010, without
comment from the public or neighbors.
8. The Comprehensive Plan designates the site as Commercial and identifies the location as
being located in the City's Central Planning Area. Development in the surrounding area includes
a wide variety of uses including commercial and personal service uses, a church, government and
business offices, and a mix of multiple and single family residential development.
Planning Commission Minutes
January 12, 2011
Page 12
9 The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Map Goal A, Policies 1 2 were found to be relevant to the proposal (See Attached for full
text).
10. The site was originally developed in the early 1900's as a single family residence that
fell into significant disrepair At the time the structure was demolished, there was no evidence of
electric heat. It is assumed that there may have been an above or below ground heating oil tank.
The property was purchased by the City of Port Angeles to be developed as additional off street
parking with development of the Vern Burton Community Center but is at present undeveloped.
The site is flat with an approximate 1 to 2% slope.
11 Application materials indicate that site development will include a small 64 square foot
storage structure but no other permanent structures are planned for the activity Development of
the site will include designation of 8' x 12' garden plots with separating walkways. The
environmental checklist does not indicate that fill is anticipated. Soil may be augmented with
organic amendments on an individual basis. Given the proximity to the Peabody Creek Ravine,
it is likely that the site may attract wildlife in the area and may need fencing.
12. Application materials do not indicate or anticipate the number of users at any given
time. It is anticipated that groups of people will work their plots depending on what is planted so
it is difficult to determine a parking need. Although users of the site may arrive by public transit,
which is available in the area, it is likely that many users will arrive by vehicle due to transport
needs for equipment needed for the gardening activity Due to the nature of the activity, it is
likely that daily visits by each plot user will not be needed.
13 Parking requirements are contained in Section 14 40 PAMC. Section 14 40 030 require
that all land uses established shall provide permanent off street parking spaces for the use. The
regulations further indicate that if a use activity is not specifically mentioned therein, the
requirements for off street parking facilities shall be the same as the requirements for the most
similar use that is listed as determined by the Director of the Department of Community and
Economic Development. The closest use to a community garden activity listed in Section 14 40
is "Parks and Playgrounds" that requires a determination by the Planning Commission.
14 Approximately 2,300 square feet of the rear (south) portion of the site will be developed
for off street parking. The 2,300 square foot area can provide a minimum of 11 off street
parking stalls. The City's Urban Services Standards and Guidelines requires that the parking
area be, at minimum, graveled. Given the undetermined permanent use of the site, a gravel
surface is acceptable to the City's Public Works and Utilities Department.
15 Development of properties in the area from residential to office use has included
off street parking, as is required by the City's Parking Ordinance. However, more intense use of
some of the properties in the area than was anticipated has resulted in the need for joint use of
available parking areas and a good deal of on street parking. Parking concerns have been
reported periodically by residents in the area with regard to activities on abutting lots to the
subject lot operated by First Step Child Development.
16. Public notice of the conditional use permit proposal was placed in the Peninsula Daily
News on November 19, 2010, with notice mailed to surrounding property owners and the site
posted on November 18, 2010 No written comments were received during the written public
comment period that expired on December 6, 2010
Planning Commission Minutes
January 12, 2011
Page 13
17 A Determination of NonSignificance was issued for the proposal on January 7, 2011,
following the public comment and review period per WAC 197 -11 -355 This action satisfies the
City's responsibility under the State Environmental Policy Act.
18. The Planning Commission conducted a public hearing on the proposal on January 12,
2011
Conclusions:
A. The proposal is consistent with provisions of the Port Angeles Municipal Code,
specifically with the expectations of development identified for the Commercial Office zone
(Section 17.20 PAMC).
B. As conditioned, off street parking shall be signed such that it is available for users of the
site at all times such that it does not cause conflict with regular parking needs of other uses in the
area. Anticipated site use will be supported by on site parking and will be signed such that it will
remain available to users of the site. As planned, 11 off street parking spaces are available. Site
activities and parking needs will be evaluated following a growing season if extension of the use
is desired.
C. Review of the activity at the end of one year is needed because of the unspecified nature
of the use.
D The conditional use permit was processed in accordance with Section 17.96.050 PAMC
that provides standards for processing conditional use permit applications within the City of Port
Angeles.
E. It is not unusual to observe residential use in commercial areas and, as conditioned, the
use will not impact public health, safety, or welfare, and will not result in a depreciation of
neighboring property nor result in processes that introduce noise, smoke, dust, fumes, odors, or
other hazards in excess of those normally found in residential areas to the very visible
commercial /residential area.
The motion was seconded by Commissioner Reiss and passed 6 0.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 10 -03
DEPARTMENT OF NATURAL RESOURCES: Proposal to remove remaining
portions of a previous development, stabilize the Ediz Hook Road bed, recontour the
shoreline, and stabilize the beach area. (This item is continued from December 8, 2010.)
Associate Planner Scott Johns explained that they have been working with the applicant and
members of the City's Engineering Division in this matter but have not as yet reached agreement
on future maintenance of the area once the work is done. They asked that the matter be
continued to the next meeting.
Commissioner Miller moved to continue the meeting to the next regular meeting of the
Commission. The motion was seconded by Commissioner Boyle and passed 6 0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Minutes
January 12, 2011
Page 14
STAFF REPORTS
Planner Johns noted that the Waterfront Transportation Improvement Plan (WTIP) is moving
forward. A concept for the redevelopment of the Railroad Avenue area will be presented to the
City Council for consideration on February 1 The entryway monument piece is currently on
hold. He noted that the Valley Creek restoration project is moving forward as is the Shoreline
Master Program. It is anticipated that draft Master Program chapters will be before the
Commission for review in the spring.
Davey Research group has been hired to prepare a Canopy Analysis Inventory for the City
through a grant from the Department of Natural Resources. In responding to general questions
from Commissioners, Mr Johns answered that the inventory of trees is only for publicly owned
properties. There is currently no inventory of the condition of publicly owned trees, no analysis
of the adequacy of the tree canopy, how much of the City is covered by trees, or how much of
City park trees are healthy A canopy analysis should provide some of this information as a
baseline. The inventory and subsequent recommendations do not include private properties.
REPORTS OF COMMISSION MEMBERS
Commissioner Reiss noted that, from a real estate perspective, things are looking better The
cost of a site built home dropped in 2008 10 4%, in 2009 8 but only 4.8% in 2010
ADJOURNMENT
The meeting adjourned at 8.30 P.M.
PREPARED BY S. Roberds
ue Roberds, ecretary John Matthews, hair