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HomeMy WebLinkAboutMinutes 04/27/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 27, 2011 6:00 p.m. Members Present: John Matthews, Tim Boyle, Nancy Powers, Doc Reiss, Sissi Bruch, David Miller. Members Absent: None one vacancy Staff Present: Nathan West, Sue Roberds, Scott Johns, Mike Puntenney, Eric Walrath, and Roberta Korcz. Public Present: Kay Kassinger, Matthew Sullivan, Pamela Tietz, Carol Boardman, Steve Zenovic, Jon Didrickson, Jesse Waknitz APPROVAL OF MINUTES Commissioner Miller moved to approve the April 13, 2011, minutes as written. The motion was seconded by Commissioner Boyle passing by a vote of 5 1 with Commissioner Matthews abstaining due to absence from the meeting. PUBLIC HEARINGS SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 03 PORT OF PORT ANGELES, Mouth of Tumwater Creek north of Marine Drive: A new concrete bridge, removal of existing creosote pile, and removal of existing over water structures. Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with conditions. Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements with Commission members. Commissioner Bruch noted that she is employed by the Lower Elwha Klallam Tribe but felt she could act fairly on the matter Chair Reiss opened the public hearing. Commissioner Bruch asked why the remaining dilapidated bridge structures are not proposed for removal, what the condition of the bank is, and use of the site. Planner Johns responded that fish do like some shade. Leaving the existing bridges, though not in good shape, is really up to the property owner The property owner is not proposing to remove the structures and the Department of Fish and Wildlife sees no need to remove for mitigation at this time. Removal of the remaining two bridges could perhaps result in mitigation banking for future projects, but that would need to be approved and worked out with the Department of Fish and Wildlife, the City cannot compel the removal. Condition #4 of permit approval is suggested to deal with revegetation of the bank in the riparian zone. Planning Commission Minutes April27, 2011 Page 2 Jesse Waknitz, P.O. Box 1350, Port Angeles, WA spoke on behalf of the Port of Port Angeles. Mr Waknitz stated that staff had done a good job outlining the proposal and he was present to respond to questions. Mr. Waknitz stated that the subject bridge is no longer suited for heavy equipment commonly used in the industrial area. The property is zoned Industrial Heavy and is heavily used to transport logs and vessels to and from the water. There being no further questions, Chair Reiss closed the public hearing. Following brief discussion, Commissioner Bruch moved to approve Shoreline Substantial Development Permit SMA 11 -04 with the following conditions, citing the following findings and conclusions in support of that action: Conditions 1 In the event archaeological artifacts, features or human remains are discovered, the Port or their representatives will immediately notify the Tribal Chair and specified Tribal staff by both letter and telephone, as well as the City Archaeologist and the State Department of Archaeology and Historic Preservation as required in RCW 27 44 and 27.53 2. Section 106 compliance requires the Port to take into account the historical background of the project vicinity A professional cultural resources professional shall record and assess the historical significance of the structures to be removed. If the structures are assessed as eligible or potentially eligible for the National Register of Historic Places the Port will be required to work with the Army Corps of Engineers to address any adverse effect before continuing the project. 3 The applicant shall be responsible for obtaining all required permits from all state and federal agencies with jurisdiction prior to commencing work. 4 The applicant shall enhance the remaining existing riparian zone and shoreline of Tumwater Creek by removing the Himalayan blackberry along both sides of the creek, for the entire length of the channel from the box culvert north to the marine shoreline. The entire riparian zone shall be revegetated using native plant materials typical of local stream banks. 5 The existing use as a parking lot on the west side of Tumwater Creek shall be removed from the area 200 feet south of the ordinary high water mark Findings Based on the information provided in the April 27, 2011, Staff Report for SMA 11 -04 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 substantial development permit was submitted by the Port of Port Angeles on February 27, 2011 for the construction of a new concrete bridge crossing Tumwater Creek and the removal of 2 existing wooden timber bridges also crossing Tumwater Creek. Planning Commission Minutes April27, 2011 Page 3 2. A Determination of Non Significance was issued by the Port of Port Angeles SEPA Responsible Official for the proposal on March 2, 2007, with an addendum regarding archaeologic and historic conditions added on April 12, 2011 3 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 4 The site is designated Industrial in the City's Comprehensive Plan, Industrial Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 5 Chapter 5 of the City's Shoreline Master Program indicates water dependent transportation is a permitted use in the U -H designation. The project is consistent with the following Policies and regulations of the Shoreline Master Program. Chapter 4, Policies A 1 —5, B 1 2, D 1, E 2, J 1 3, and K 1 7, Chapter 5 Management Policies 1 10; and Chapter 6, E. Industry 1 6, H. Transportation 1, 2 and 5 6. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2, Conservation Element Policies A -1, B- 1, 2, 9, and objectives 3 and 4, Goal D, policies D -1, 2, 3, 5, 8, 9; and Economic Development Element Policies A -3 13 7 Tumwater Creek is a Type 3 stream, which requires a 75 -foot buffer of undisturbed native vegetation be located on both sides of the stream channel. The site meets the standards of PAMC 15.20.080, as a previously disturbed environmentally sensitive area. 8. The City's waterfront trail is located on city sidewalks along Marine Drive and will not be impacted by this project. 9 The site is located in an industrial area where heavy equipment occasionally operates and nearby where security concerns are elevated making the area inappropriate for increased public access. Conclusions Based on the information provided in the April 27, 2011 Staff Report for SMA 11 -04 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 and Shoreline Master Program. B. The project will not be detrimental to the marine shoreline. C As conditioned, the proposed project will enhance the riparian environment along Tumwater Creek. D As conditioned, the proposed project will not interfere with public use of lands or waters. The motion was seconded by Commissioner Matthews and passed 6 0. Planning Commission Minutes April27, 2011 Page 4 PLANNED RESIDENTIAL DEVELOPMENT HOUSING AUTHORITY OF THE COUNTY OF CLALLAM Between Francis and Eunice Streets and Lauridsen Boulevard and Park Avenue: Proposal to redevelop the Mt. Angeles View Subdivision. Associate Planner Scott Johns reviewed staff's report recommending approval of the Planned Residential Development application and responded to several questions from the Commission. Commissioner Powers voiced concerns regarding rights -of -way widths and reduction in parking. She wondered if there is a demand for the proposed amount of additional affordable housing in the community Commissioner Bruch asked questions about mass transit opportunities, and Commissioner Matthews asked about the status of the conditional use permit for the Boys and Girls Club, whether it is just a revision or a new permit, and how mail would be handled throughout the site. Planning Manager Sue Roberds responded that there is an active conditional use permit for the activity at present, but the use is located within the site Removal and enlargement of the use to a more regional status does require review, and that review is being done as part of the PRD public review process. Mail delivery will need to be worked out with the U.S Post Office. Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements with Commission members. There being no issues, he opened the public hearing. Matthew Sullivan, Mithun Architects, 1201 Alaskan Way NE, Seattle 98101 was present to speak for the applicants. Mr Sullivan presented revised conditions of approval and findings of fact to Commission members. He began by indicating that there is a large need for additional affordable housing in the community There are four main staff conditions that he wished to address having to do with issue of paved street widths, additional right -of -way for Eunice Street, stormwater planning, and how density would be counted on a site wide basis dealing with the need for a street vacation. Pamela Tietz, Executive Director for the Housing Authority, 2603 South Francis Street, said that hundreds of households are waiting for affordable housing throughout the Port Angeles community In response to Commissioner Powers' question as to why, if there is such a need, does the current proposal include the sale of 28 single family lots/homes to market rate customers? Ms. Tietz responded that a mixed use population is an integration technique considered to be healthy for social and economic reasons. In response to a question from Commissioner Bruch as to why, with so many empty rentals available City wide, there is a perceived need for such a large influx, of affordable housing, Ms. Tietz responded that the Housing Authority currently provides approximately 560 voucher subsidies for independent rentals throughout the community Matthew Sullivan explained the Housing Authority's intent to integrate residents into the surrounding community rather than isolate them in the current subdivision that contains a dead end (Francis) street. The phased site planning will eliminate unnecessary disruption to current site residents. Site planning will create a mixed use development that increases diversity within the site and improve the safety and security of homes. Community Policing Through Environmental Design (CPTED) concepts will be used that will allow an Planning Commission Minutes April 27, 2011 Page 5 increase in security through neighborhood design concepts. Low impact development stormwater strategies are important to the site development. Although a reduced 6 foot setback is proposed, 4 feet of lawn and a 5 foot sidewalk will effectively result in 10 feet of front yard for each structure. An outreach was done to neighborhood residents and neighbors prior to applying for the PRD, as is required per the PRD Chapter of the City's Municipal Code to determine important aspects of the redevelopment. The new development will create a more walkable community The proposal does not intend streets built to City standards, but proposes a narrower built street width reduction of the required 34 -foot street improvement to 27 feet with parking on one side only and two 10 -foot travel lanes with sidewalk on both sides. Postal gang boxes will be clustered throughout the development at the direction of the Post Office. All structures will be built to a LEED silver standard. Mr Sullivan explained the proposed reduced street width layout for the avenues with parking on the south side of the street only He noted that there is a redundant series of 20- foot alleyways. Steve Zenovic, Zenovic and Associates, 301 E. 6` Street, Suite 1, provided site maps to Commission members and spoke about right -of -way ownership in the State of Washington and stressed that ownership of rights -of -way do not rest with the City The site presents a variety of challenges. Development will meet the City's Urban Services Standards and Guidelines and as much stormwater as can be will be infiltrated on site. However, there may be some issues with stormwater, as is always the case, but the intent is to handle the stormwater on site to meet the City's and State's standards. Additional investigation and actual engineering of the stormwater system has not taken place as yet due to costs and disruption that would be caused on site to do the core sampling. He indicated, by use of a presentation board, the streets serving the site and, in particular, Eunice Street. The right -of -way along Eunice Street varies as a result of platting and development over the years. He believes there is sufficient room between Whidby and Park Avenues on Eunice Street to develop the streets and utilities to meet the City's Urban Services Standards and Guidelines requirements without dedication of additional right -of- way that is being required by staff. A new alley south of Vashon Avenue will serve as access to the new lots being created on Park Avenue but there will be no further development in that area along Eunice Street. While there is a conflict with the City's development standards in this proposal, he believes that the amended development proposal will meet the intent of the PRD ordinance that allows for a reduction of development standards when warranted. Matthew Sullivan responded to Commissioner Powers' question regarding the significant reduction in off street parking being proposed. While she understood the proposal to reduce parking for the senior apartments, she did not understand how a parking reduction for single and multiple family units would be adequate given normal trends. Mr. Sullivan stated that the total number of off street parking spaces on the site will be 348 for the 232 units. That is broken down into several types of parking: the for sale components (56 units); 1 4 parking spaces per unit for the remaining units. The affordable senior building would be .5 space per unit. Planning Commission Minutes April27, 2011 Page 6 In response to Commissioner Miller, the Housing Authority will control parking through lease agreements. An example of the rental agreement was included for review with application materials. Commissioner Miller asked if the project is financially dependent on the sales of single family market rate homes that are proposed within the site. Pamela Tietz responded that a majority of the funding will come from tax credits and private equity investments. The sale of market rate homes will help, but the development is not dependent on those sales. Affordable housing units need to be integrated. Only 5% of the residents currently living in the Mt. Angeles View Subdivision are receiving welfare, most have jobs or income of some kind. Integration provides a sense of place for these people. Kay Kassinger, Housing Authority of the County of Clallam, 2603 South Francis, presented a copy of an e -mail froth the HACC Attorney Dave Neupert relative to the vacation of right -of -way within the Mt. Angeles View Subdivision prior to consideration of the PRD Community Economic Development Director Nathan West stated that the Planning Commission did recommend street vacation and expects that the action will be approved. Staff does not agree with the applicant's position in this matter The City Attorney has agreed that the roadways do need to be vacated. Staff understands the interpretation relative to private ownership, but the area has been dedicated to the public and they do need to be vacated for use in order to be considered as part of the buildable area of the development. Jon Didrickson, 731 East 11 Street has lived across the street from the development for the past 30 years. He wondered where the money will come from to finance a redevelopment of this size and whether, if financing becomes scarce, will completion of construction be left to the public to fund; will the intended maximum density result in higher crime rates and if the Police Department had an opinion on the matter; will the increase in density demand another patrolperson? He would love to see the area result in a higher quality rather than just a higher density development. He would not like to see Lauridsen Boulevard become crowded with buildings and requested a landscape buffer along the arterial. There being no further discussion, Chair Reiss closed the public hearing and called for a break at 8.25 PM. The meeting reconvened at 8.30 PM. Given the extent of the revisions to conditions of approval that are being requested by the applicant that were not made available prior to the meeting for review, Chair Reiss suggested that the matter be continued until a time when staff could provide a response to the amendments. Community Economic Development Director Nathan West suggested that the matter could be continued to the May 25, 2011, regular meeting as it would be difficult to overload the May 11, 2011, meeting at this late date. Staff has been working closely with HACC representatives and it was believed that these issues had been addressed. Planning Commission Minutes Apri127, 2011 Page 7 Commissioner Miller moved to continue discussion to the May 25, 2011, regular meeting of the Commission, 6 P.M. The motion was seconded by Commissioner Boyle and passed 6 0. Commissioner Bruch asked that particular review be given to the impact on Eunice Street if no additional right -of -way is dedicated. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 8.40 P.M. Sue Robe PREPARED BY Sue Roberds Secretary Doc Reiss, Chair