HomeMy WebLinkAboutMinutes 05/23/2007
~ORTANGELES
WAS H I N G TON, U. S. A.
COMMUNITY & ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
May 23, 2007
6 p.m.
I.
CALL TO ORDER
Pledge Of Allegiance Led by the Chair
II.
ROLL CALL
III.
APPROVAL OF MINUTES: Regular meeting of May 9, 2007
IV.
PUBLIC HEARINGS:
. 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT-SMA
07-03- WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION. 1800 Block of Marine Drive: Removal of
existing structures and site remediation of a graving dock project in the
IH zone.
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2. CONDITIONAL USE PERMIT - CUP 07-05 -CUnniDi!ham. 631
East Park Street: Request to allow the construction of an accessory
residential unit in the RS-7 Residential Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
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PLANNING COMMISSIONERS Werner BeIer (ChaIr), Dave Johnson, Kevm Snyder, John Matthews, Chene Kldd, Stan Hams, Doc ReiSS
PLANNING STAFF Sue Roberds, Plannmg Manager, Nathan West, Pnnclple Planner, Scott Johns, ASSOCIate Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 23, 2007
6:00 p.m.
ROLL CALL
Members Present:
Dave Johnson, Kevin Snyder, John Matthews, Stanley
Harris, Werner Beier, Cherie Kidd
Member Excused:
Doc Reiss
Staff Present:
Sue Roberds, Scott Johns
Public Present:
Paula Cunningham, Gary Maynard
CALL TO ORDER
Salute to the Flag was led by Chair Beier
APPROVAL OF MINUTES
. Commissioner Matthews moved to approve the May 9, 2007, regular meeting
<-__) minutes as submitted. The motion was seconded by Commissioner Johnson and passed 6 -
O.
PUBLIC HEARINGS:
Chair Beier opened the public hearing portion of the meeting and indicated that those
who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best
of their knowledge.
CONDITIONAL USE PERMIT - CUP 07-04b - CUNNINGHAM, 631 East
Park Avenue: Application for a conditional use permit to allow an accessory
residential unit in the RS-7 Residential Single Family zone.
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Associate Planner Scott Johns reviewed the Department's report recommending
approval of the conditional use permit. Mr. Johns described development in the area via an
overhead projector and responded to questions regarding existing and proposed site
development. On site parking will be provided in the driveway and carport area. The
importance of keeping the driveway area available for parking and guests was discussed given
unusual access to the site location. Chair Beier opened the public hearing.
Paula Cunningham, 631 East Park Avenue was present for questions. Ms.
Cunningham explained that since her children have grown, she decided to remodel a bedroom
suite into an accessory residential unit. She will not allow parking on the frontage road.
Planmng CommISSIOn Mmutes - May 23, 2007
Page 2
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There being no further testimony, Chair Beier closed the public hearing.
Following brief discussion, Commissioner Snyder moved to approve the conditional
use permit with condition, and citing the following findings and conclusions in support of
that action:
Condition:
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1. The conditional use permit is approved to convert an approximately 338 square foot area
of the residence located at 631 East Park Avenue to an accessory residential unit as
described in Conditional Use Permit application CUP 07-05 for Paula Cunningham.
Development of the accessory unit must be in substantial accord with the application as
submitted and must include the provision of four off street parking spaces (two for each
residential unit) at all times.
Findings:
Based on the information provided in the Community and Economic Development Staff
Report for CUP 07-05 dated May 25,2007, including all information in the public record file,
comments and testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
1. A conditional use permit application to remodel a one bedroom/bath suite of a single
family residence to an accessory residential unit in the RS-7 Residential Single Family
zone was submitted by Paula Cunningham on April 27, 2007. The application was
determined to be complete on April 27, 2007
2. The subject location is 631 East Park Avenue. The site is 72' x 137' in size consisting of
9,864 square feet in area. The property is situated along the north side of Park Avenue
opposite (north of) the National Park Headquarters. Topography on the site and in this
general area slopes from south to north at an approximately 15% slope. Access to the site
IS provided by a short, private frontage road that parallels Park Avenue.
3. Development of the property includes a 1018 square foot, four bedroom, split level,
single famIly residence. The proposal will involve the conversion/remodel of an
approximately 338 square foot living area on the lower (north) level of the split level
structure to an independent accessory residential unit. Previous use of the area was as a
bedroom/bath. The remodel will be within the existing structural flootprint and will
consist of approximately 33% of the total floor area ofthe structure. Exterior access to
the proposed accessory unit will be provided by a walkway along the west and north
sides of the structure.
4.
The site is designated Low Density Residential on the City's Comprehensive Plan Land
Use Map. The City's Comprehensive Plan was reviewed for consistency with the
proposal. Land Use Element Residential Goal A and Policy A.2; Land Use Element
Residential Goal C and Policies C.l; Housing Element Goal A and Policy A.l, and Goal
B and Policy B.6; Transportation Element Policy B.14; and Economic Development
Element Policy B.5 were found to be most relevant to the proposal. A development that
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Planmng Commlsszon Mznutes - May 23, 2007
Page 3
is approved through the conditional use permit process must remain in continual
compliance with specific conditions of approval or may be revoked.
5.
Site development in the area is predominantly residential. The National Park
Headquarters is located immediately south of the site, with single family residences to the
west, north, and east. The Housing Authority of the County ofClallam's main multiple
family residential development is located approximately 200 feet east and north of the
location and consists of single family, multiple family, office, and day care use. The Port
Angeles Senior High School site is located approximately 500' west of the location. A
personal service (barber service) home occupation has operated from a neighboring
residence for many years with no known impact to the neighborhood.
6. Accessory residential units (ARU) may be permitted by conditional use permit in single
family residential zones. An ARU may be no larger than 50% the area of the primary
living unit.
7.
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 which 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. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Impacts of each proposed conditional use must be evaluated to
determine if the characteristics of the intended use as related to the specific proposed site
would defeat the purpose of the City's Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions. The Planning Commission may refuse to issue a
conditional use permit if the characteristics of the intended use would defeat the purpose
of the City's zoning regulations.
8. City Departmental comments were considered in the review ofthis application. The
proposed activity will require a valid building permit and the installation of separate
water and electrical meters. No reviewing department expressed concerns with the
proposal.
9. Notification of the proposed action was placed in the Peninsula Daily News on May 4,
2007, posted on the site, and mailed to property owners within 300 feet of the subject
property on May 1, 2007. No written comments were received during the public
comment period.
10. A Determination of Non-Significance was issued for this proposed action on May 21,
2007.
11. Section 14.40 of the Port Angeles Municipal Code requires two spaces for each
residential unit for a total of four spaces. Four spaces can be provided for the residence
in the two car carport and driveway.
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Planning CommissIOn Mznutes - May 23, 2007
Page 4
12. The Planning Commission opened a public hearing on the proposal at the May 25,2007,
regular meeting.
Conclusions:
Based on the mformation provided in the Department of Community and Economic
Development Staff Report for CUP 07-05 dated May 25,2007, including all of the information
in the public record file, comments, and testimony presented during the public hearing, the
Planning Commission's discussion and deliberation, and the above listed conditions of approval
and listed findings, the City of Port Angeles Planning Commission hereby concludes that:
A. As conditioned, the accessory residential unit serves the public interest by providing an
alternative housing resource in a manner that is consistent with the goals, policies, and
objectives of the City's Comprehensive Plan.
B. The proposed use complies with development standards of the Port Angeles Municipal
Code (PAMC), specifically Section 17.10 (RS-7 Zone), Section 17.96.050 (conditional
use permit review), and Chapter 14.40 (Parking Ordinance).
The motion was seconded by Commissioner Kidd and passed 6 - O.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 07-03-
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION:
Removal of existing structures and site remediation of a graving dock project in
the IH zone.
Associate Planner Scott Johns revIewed the Department's report recommending
approval of the shoreline permit with conditions AND RESPONDED TO QUESTIONS FROM
THE Commission regarding removal of the material from the site. Mr. Johns responded that the
removed materials would be sold. Those materials of an archaeological potential would be
stockpiled. Mr. Johns further responded that remediation would allow for redvelopment of a
portion of the site. The eleven acre portion of the site that will be deeded to the Lower Elwha
Klallam Tribe will be retained. The remaining nine acres will be retained by Washington State
Department of Transportation for the present with the Port of Port Angeles retaining
approximately two and one-half acres. It is anticipated that the Port will be redeveloping their
site area for industrial use.
Principal Planner Nathan West further described ownership of the site areas. There
being no further questions, Chair Beier opened the public hearing.
Gary Maynard, Parametrix, 4660 Kitsap Way, Bremerton, WA was present for
questions. Mr. Maynard reiterated that some of the materials will be recycled or scrapped. The
Port of Port Angeles may purchase some of the materials from the contractor on the job such as
sheet pIle and rebar. The construction period is anticipated to be between 16 - 20 weeks. A
small amount of fill will be placed within the shoreline area to develop haul routes for trucks.
In response to a question, Mr. Maynard noted that the work would not inhibit the Port's
use of the adjacent property. Approximately 25,000 cubic yards of material will be placed where
the current concrete pad area is located.
There being no further questions or testimony, Chair Beier closed the public hearing.
Following discussion with regard to whether the economic impacts of the removal of the
facilities such that the site could not be used for industrial uses in the future, and the lack of
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Planmng CommiSSIOn Minutes - May 23, 2007
Page 5
analysis in that regard, Commissioner Johnson moved to approve the shoreline substantial
development permit with 6 conditions, and citing the following findings, and conclusions:
Conditions
1. The applicant shall comply with the Memorandum of Agreement dated April 23, 2007.
Additionally, all on-site work shall adhere to Attachment E of that agreement entitled
"Archaeological Treatment Plan for the Port Angeles Graving Dock Remediation
Proj ect."
2. Mitigation measures implemented as a condition of SMA 03-01 shall remain in effect.
3. The applicant shall remain in substantial compliance with the permit conditions and
compliance notes listed on Sheet 6 of 27 ECN1 Environmental Compliance Notes
contained in the submittal application materials.
4. This permit allows only the specific work described. Any future activities on the site
within the shoreline jurisdiction shall require separate permitting.
5. It is the responsibility of WSDOT or subsequent property owners to insure that all
stormwater management on the site meets the conditions of the City of Port Angeles
NPDES Permit and the Washington State Department of Ecology NPDES Construction
Permit requirements.
6. Work that generates noise impacts to surrounding properties shall be limited to the hours
of7:00 a.m. to 10:00 p.m.
Findings
Based on the information provided in the May 23,2007, Staff Report for SMA 07-03 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 Washington State Department
of Transportation on April 19, 2007, for the remediation of a portion of the graving yard
project located within the shoreline jurisdiction approved under SMA 03-01.
2. The remediation of the graving yard project will involve the removal of sheet pile walls,
steel reinforced concrete slab flooring, concrete trench drain, and the removal of all
debris and spoils resulting from the removal of the sheet pile, concrete slab, and concrete
trench drain. Only a small portion of the activity will occur in the shoreline jurisdiction.
Some of the structures located in the shoreline jurisdiction for the graving dock project
will remain for future use by the Port of Port Angeles.
3. The process will not require the construction of new access roadways for equipment and
transportation of the items being removed, however, the existing access roads may
require additions of rock base materials. Those roadway materials will be removed once
the existing structures are removed. Once the existing structures are removed, the site
will be cleaned of construction debris.
A Determination of Non-Significance and Adoption Of Existing Document was issued by
the Department of Transportation SEP A Responsible Official for the proposal on April
27,2007. A NEPA reevaluation was issued in April 2007.
4.
Plannmg CommiSSIOn Mmutes - May 23, 2007
Page 6
5.
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6.
7.
The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance
and critical areas ordinances have been reviewed with respect to this application.
The Shoreline Master Program defines development as "A use consisting of the
construction or exterior alteration of structures; dredging; drilling; dumping; filling;
removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of
obstructions; or any project of a permanent or temporary nature which interferes with
the normal public use of the surface of the waters of the state subject to Chapter 90.58
RCWat any state of water level."
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.
8. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policy A-2; the City's Shoreline Master
Program's Urban-Harbor designation and Chapter 4, Policies A-I and 2, B-1 and 2, D-1,
J-2; Chapter 5, Policies D-1, 2,8, and 10, and all associated regulations.
9. The City's waterfront trail runs east and west along the length of the project following
Marine Drive. No public access to the shoreline exists on the subject site.
10. A Memorandum of Agreement dated April 23, 2007, specific to the site and a site
treatment plan for the purpose of addressing archaeological resources on site was
completed and signed by The Federal Highway Administration, Washington State
Historic Preservation Office, U.S. Army Corps Of Engineers, Seattle District, Lower
Elwha Klallam Tribe, Advisory Council On Historic Preservation, and Washington State
Department Of Transportation on April 23, 2007.
Some of the proposed operations may generate noise levels that may negatively impact
nearby uses. The City of Port Angeles noise ordinance includes a listing of specific hours
where noise levels may not be exceeded.
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11.
Conclusions
Based on the information provided in the May 23,2007 Staff Report for SMA 07-03 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's Comprehensive Plan
and Shoreline Master Program.
B. The proposal to remove structural items from the shoreline jurisdiction does not meet the
strict definition of development. However, the removal of imported fill materials used
for shoring or access ways may be required to fully remediate the site.
C. As conditioned, the proposed project will not interfere with current public use oflands or
waters and the project will not be detrimental to the shoreline.
The motion was seconded by Commissioner Snyder and passed 5 - 1 with
Commissioner Harris voting in the negative stating that his dissenting vote was due to the lack
of analysis regarding economic impacts and that staff had not satisfactorily analyzed the zoning
of the area.
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Planmng CommISSIOn Ml/lutes - May 23, 2007
7
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Planning Manager Sue Roberds noted that the June 13, 2007, regular meeting should be
cancelled. There are no current applications pending and staff would like a bit more time to
prepare long range items for the June 27 meeting. The Commission agreed.
Ms. Roberds also noted that interviews to fill the position being vacated by
Commissioner Snyder's resignation would occur on June 5,
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 6:55 p.m.
PREPARED BY: S. Roberds
~ORT.ANGELES
WAS H I N G TON, USA
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLEASE SIGN IN
Meeting Agenda of: 7rJ Ai :J. 3 F d-oo/
To help us provide an accurate record of those in attendance, please sign in. Your
signature acknowledges your presence. If you plan to testify, by your signature below, you
certify that the testimony given is true and correct under penalty of perjury by the laws of the
State of Washington. Signature below DOES NOT REQUIRE you to testify.
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NAME: ADDRESS: Agenda Item No.
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