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HomeMy WebLinkAboutMinutes 01/15/1992 . ...-. ~. AGENDA PORT ANGELES PLANNING COMM:ISSION City Council Chambers 321 East Fifth Street Port Angeles, WA 98362 SPECIAL MEETING January 15, 1992 7:00 P.M. I. CALL TO ORDER II. ROLL CALL ill. PUBLIC HEARING: 1. PROPOSED CLEARING AND GRADING ORDINANCE: City-wide. (Continued from January 8, 1992.) v. COMMUNICA TIONS FROM THE PUBLIC VI. STAFF REPORTS 1. Request for Interpretation of Massage Therapy as a Professional Office in the Community Shopping Districts (CSD). VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT All correspondence penaining to a hearing item received by the Planning DepanmenJ at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. Planning Commission: Ray Gruver. Chair; Cindy Souders, Vice-Chair; Jim Hulett; Roger Catl8; Larry Leonard; Bob Philpott; Bill Anabel. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Planning Office Specialist; John Jimerson, Associate Planner; David Sawyer. Senior Planner. Planning Commission Agenda Page 2 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 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 Planning Commission, not the City Staff representatives present, unless directed to do so by the Chainnan. . . .~ . MINUTES PLANNING COMMISSION Port Angeles, Washington Special Meeting January 15, 1992 CALL TO ORDER Chairman Gruver called the meeting to order at 7: 05 P. M. ROLL CALL Members Present: Ray Gruver, Bob Philpott, Bill Anabel, Larry Leonard, Jim Hulett, Roger Catts and Cindy Souders Staff Present: Brad Collins, Sue Roberds, Jack Pittis and Gary Kenworthy APPROV AL OF MINUTES Mr. Philpott moved to continue review and approval of the January 8, 1992, minutes to the January 22, 1992, meeting of the Commission. Larry Leonard seconded the motion, which passed unanimously. . CONTINUATION OF DISCUSSION: PROPOSED CLEARING, GRADING AND DRAINAGE ORDINANCE: Proposed regulations pertaining to clearing, grading, filling and drainage in the City of Port Angeles. (Continued from January 8, 1992.) Chairman Gruver opened the meeting and explained that this discussion is a result of a public hearing conducted January 8, 1992, and is not a public hearing. Chairman Gruver directed that a recommendation to the City Council could be made on the proposed ordinance as presented, or make an attempt to modify the proposed ordinance before passing on a recommendation to Council. Following extensive discussion, it was the general opinion of Commission members that the present ordinance is not acceptable as it is presently written. The need for an ordinance or its type was discussed in detail as well as the additional costs implementation would result in to the general public and the additional staffing requirements which would be a result of the regulations. Mr. Leonard asked staff about the state regulations which are forthcoming that may overlap with the proposed ordinance. . Jack Pittis, Public Works Director, noted that the proposed ordinance before the PLANNING COMMISSION January 15, 1992 Page 2 of 2 . Commission for consideration is a condensed version of the initial ordinance. The Planning Department went through the original ordinance refining it by removing a good deal of confusing terminology in an effort to make the ordinance more readable and tailoring it to the Port Angeles area. The document complies with the principles, scope and purpose of what is being reviewed to comply with the Puget Sound Water Quality's stormwater management requirements. Each city and unincorporated urbanized area shall develop and implement a storm water management program consistent with the guidelines that are contained in the Puget Sound Water Quality Authority rules which means clearing and grading ordinances, stormwater ordinances, etc., by May 1, 1994. The proposed clearing, grading and drainage ordinance is a good start toward compliance with those state standards. The more specific we can be now, the easier it will be later down the line to comply with state and federal requirements. In response to a question from Commissioner Hulett, Brad Collins, Planning Director, answered that the City's current interim environmentally sensitive areas ordinance would be applied only if a permit such as a building permit or clearing and grading permit were required for the underlying activity. The environmentally sensitive areas ordinances (ESA) cannot be enforced without development permit activity such as a clearing and grading permit or a building permit. A hydraulics permit from the Department of Fisheries would only be required if the DOF knew about a project, but without a development proposal or permit there would be no enforcement. . Commissioner Hulett asked if the Council was aware that adoption of such an ordinance would present a need to hire an additional engineer. Would that position enforce only this ordinance? Jack Pittis responded that when this particular issue was discussed with Council, it was mentioned that additional manpower would be involved. Council will have to respond to that need when they consider the issue. If approved, a utilities engineer could be hired to be responsible for administration of the ordinance requirements as well as stormwater work, sewer work, water work. Council has directed that there will be no additional manpower this year. Commissioner Souders stated that she has some concerns about the proposed ordinance, but a regulation of this nature is needed. It would be helpful to know upfront some of the additional costs that adoption of these regulations would create. An exemption should be added for single-family homeowners. . Chairman Gruver concurred that an ordinance is needed but not necessarily the proposed ordinance. These types of ordinances should be preventative in nature. Failure to adopt similar types of ordinances create significant costs to the public in general at some point in time. Clearing and grading is a function of changes of land, not a function of what is going to be built there. There isn't a lot of difference between clearing for a single- family residence than there is for a small commercial use. Lot sizes can be used as a factor in deciding whether a use should be regulated easier than regulating by a particular use (i.e., single-family). The present draft ordinance does not cover penalties for disruption of areas without regard to clean-up provisions. Commissioner Leonard objected to the substance of the ordinance which requires anyone PLANNING COMMISSION January 15, 1992 Page 3 of 3 . developing land to hire an engineer in order to provide the application material required for review by the City. This increases the costs of development very quickly. There should be revision to allow an applicant to submit the required information unless the project becomes involved. Additionally, he objected to the restriction that a private property owner would not be able to remove mature trees from his property. What is the definition of a "mature" tree. Brad Collins stated that the intent of this ordinance is not to require anything additional than what would be required under a building permit process. Those applying for building permits have to indicate erosion control measures, delineation of the site, etc. This ordinance comes into effect when changes occurs to a site prior to a building permit. In response to a question from the Commission as to the need for an engineer to submit material for the application process involved in a clearing and grading permit, Jack Pittis responded that those developments which would require an engineer would be in areas where retention of storm water is required. This ordinance would set about a logical approach to adopt some standards. If an ordinance is not adopted, the Public Works Department would have to suggest what standards should be used when dealing with storm drain problems. The goal is to have something setting forth those standards for developers and engineers. . Commissioner Anabel agreed with other members of the Commission that an ordinance is needed, but this one is not it, yet. He suggested that staff work on rewriting the ordinance to make it more concise and easier to understand. Jack Pittis suggested that if the City adopts a local plan such as is proposed, the Department of Ecology will see that and realize that we are working toward compliance with their regulations and tend to allow more local control than setting standards for local compliance. Brad Collins noted that, if there is no support for this ordinance, the Commission could recommend denial of the ordinance, listing concerns as noted, or direct areas to be reworded before recommendation of approval. Redrafting of an entirely new ordinance by the Commission probably cannot be done over the course of the next two months. The Commission took a break at 8:40 P.M. and reconvened the meeting at 8:50 P.M. . Commissioner Leonard moved to recommend the City Council deny the draft proposed ordinance directing staff to redraft the ordinance with emphasis on: (1) Large pieces Ph to 1 block or more) in undeveloped areas in order to require permitting; (2) information on cost of permitting procedure; (3) ensure that regulated activities trigger environmentally sensitive areas ordinances; (4) clean up provision with penalties for nonaction; and (5) making it clear that if another pennit for construction activity is required, a clearing and grading permit is not required as long as the intent is met. Roger Catts seconded the motion. Following discussion dealing with concerns in the present draft and the possibility of the . . . PLANNING COMMISSION January 15, 1992 Page 4 of 4 Commission and staff reworking the wording, Commissioner Leonard withdrew his motion, Commissioner Catts concurred. It was generally decided to and Commissioner Leonard moved to direct staff to rework the proposed ordinance with regard to the items of concern listed in the previous motion. Roger Catts seconded the motion. Following further discussion as to the downfalls of the present draft and Commission concemsJ Commissioner Leonard withdrew his motion, Commissioner Catts agreed. Larry Leonard recommended the Commission skip to STAFF REPORTS on the evening's agenda in order to dispense with the item and allow for continued discussion on CLEARING AND GRADING. BiD Anabel seconded tbe motion which passed unanimously. STAFF REPORTS: Request that massage therapy be considered a professional office and pennitted in districts that allow professional offices. Brad Collins reviewed a Department Memorandum explaining that members of the community, including Dr. Tom McCurdy, requested that licensed massage therapists be allowed to operate in those districts that allow professional offices such as medical and dental uses. Following review of the material presented, including licensing and operational standards, the Planning Department recommended that massage therapy uses be conditionally permitted in any district that allows medical and dental offices and clinics in order to distinguish massage parlor uses from licensed massage therapy practice uses. Responding to a direct question from Chairman Gruver, Dr. Tom McCurdy, 504 East Eighth Street, stated that therapists have been required to be licensed in the past, but the licensing requirements have been significantly improved and refined since 1988. Over the past ten years, licensing massage therapists have been more closely associated with the healing arts than more recreational massage parlor activity. Brad Collins indicated the Planning Department would prefer the use be a conditional use so that illegal activities can be more easily policed than if the use is permitted outright. After discussion, Commissioner Leonard moved to interpret tbat licensed massage therapists be considered the same as medical and dental offices and clinics. Commissioner Souders seconded the motion, which passed unanimously. The Commission then returned to the CLEARING AND GRADING discussion: It was decided to go through the draft ordinance page by page directing staff to rework certain areas for further discussion at a future meeting. Items directed to be changed included the following: . . . PLANNING COMMISSION January 15, 1992 Page 5 of 5 1. (page LA.) - include wording to assure protection of private property rights in the purpose section. 2. Page 3.3.B.) - remove the wording "&Ad that they ha....epa:ie the transfer fee as set by r..esohlt1oR of the City Coofteil. " Section 4. - revise to read "The following shall be exempt from the provisions of this Ordinance except for those properties in environmentally sensitive areas. Section 4. - add wording similar to UBC Chapter 70 giving the City Engineer discretion in exemptions and directed the Public Works Department to provide guidance standards for those exemptions. 3. Page 4. Go:- - should be lettered B Page 4.b - should be lettered E and should be amended to read "Clearing, grading. and/or filling of only one parcel of land. that is 9,000 squar-e feet one acre or less by its OVlfter far the ~ol'f*)se of siftgle family residc8tia:l use. exe~t 6ft e8'{iro8f1'1cfttRlly sensitive lanes or where the 8ejaee8t par-eel is a:lsa beiftg similarly exempted. . Page 4. - add G. If you have a building permit. no additional clearing and grading fee or permit will be required. Page 4. - add H. Developments in improved areas served by curbs. ~utters and stonn drainage systems. Page 4. Section 6. - Revise third sentence to read "The plans and specifications shaH, at a minimum may include where feasible:" Page 4.2. - Revise to read "Contours at not more than five-foot intervals over the entire site (other t';/8 foot intervals may be required in specific circumstances); 4. Page 5. 7. - remove the word "capacity". 5. Page 6. 6. - remove item 6: Lafldseape plem; and renumber following numbers accordingl y. Page 6. 11. - delete existing paragraph and add wording to allow permissive discretion on part of City Engineer that all requirements have been met. 6. Page 7. Section 8 - delete paragraph 7. Page 10. Section 13 - change wording of last sentence to read "Upon a showing of good cause, a permit may be extended for a one $ year (6) moata period \:Ip08 ~aYfl'le8t of t'.venty five pcrecftt (25 %) ae the origiftal permit foo. (fee, if any, to be included in separate fee resolution) . . . PLANNING COMMISSION January 15, 1992 Page 6 of 6 Page 10. Section 14. - revise the last sentence by adding "The amount of the f~..." 8. Page 11. Section 16. - remove the last sentence (with the City Attorney's approval) . Page 11. Section 17.B. - add the words where ap.plicable to the end of item B. 9. Page 13. 3. - redefine what an "engineering geologist" is. 10. Page 15. Section 26. - add wording allowing for penalties for those who disrupt public usage of right-of-way, etc. It was agreed that the above changes would be drafted and brought back to the Planning Commission at the earliest available opportunity for review and further direction or action. COMMUNICATIONS FROM THE PUBLIC Art Dunker, Diamond liD" ConstructiODJ 2114 West Sixth Street, wished to commend the Commission and staff for listening to the comments of the contractors and in many instances incorporating suggestions into the draft ordinance. There needs to be a working relationship between contractors and City officials and working documents that are readily understood. He stated that he was always in favor of some type of clearing/grading ordinance, just not this one, and added that Chapter 29 of the UBC (Uniform Building Code) adopted by the City addresses some of the problems the clearing and grading ordinance does. We should lean on those regulations as well. He added that the Homebuilders Association is very opposed to the requirement of insurance to any public body or the City of Port Angeles by individuals. Joe Melton, 1503 West Seventh Street, also wished to compliment the Planning Commission and staff. He added that Page 7, Item 7, Letters of Permission, may be difficult to obtain in many situations, especially where abutting neighbors do not wish for a project to proceed, or are not local. Further clarification should be given to diversion of water flow downstream. There are methods available which can assure that water flow does not exceed pre-development levels or courses. ST AFF REPORTS (Continued) Jack Pittis thanked the Planning Commission for their efforts and the time and thought put into the draft clearing, grading and drainage ordinance thus far. It is very important for the Commission to express the varying views that make regulations of this type workable and administratively possible. Some of the changes suggested by the Commission may result in making administration of the proposed ordinance more . . . PLANNING COMMISSION January 15, 1992 Page 7 of 7 workable and easier, for now, to administrate with the current work force. REPORTS OF COMMISSION MEMBERS Commissioner Leonard wished to thank staff for their efforts and patience. He added that regulations are not easy to create and he appreciated the professional input and exchange of suggestions and experience. Jim Hulett suggested the Commission members view the lighting situation on Eighth Street, for the new dental clinic (Dr. Shaltry). The lighting is a good example of how lighting can be designed and function in a manner which is considerate of surrounding uses, lighting only the area intended to be lit, which has been a goal of the Commission in developing development standards. The proliferation of used cars for sale in the Pay n' Save parking lot was discussed as a possible violation of the Zoning Ordinance. Staff will follow -~~~ Brad Collins, Planning Director Prepared by: Sue Roberds . PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type OfMeel~~ ~&~ E ----- _ i/=~fA-'7 ;,-=S /99.z- Name Address ~~~ ::!L:::: )5"-(:. f I tL. ..s fJ;:p 2/1 6-J{ . .