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HomeMy WebLinkAboutMinutes 07/23/1997 . . . HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE, J)t.ANN\tl.G AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 July 23, 1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL Ill. APPROVAL OF MINUTES: Meeting of June 25, 1997 IV. PUBLIC HEARINGS: 1. SH.oRELfflKS.UBST ANTIAI.J1EYELOPMENT PERMIT- SMA 9--'Z=.01 - CITY OF PORT ANGEI.,ES - Chase-.S.tr.eet: Request for a pennit to allow a wet/detention pond for storm drainage in the PBP, Public Buildings and Parks zone. (Item to be further continued to October 8, 1997, awaiting wetland report.) 2. CONDITIONAL USE PERMIT EXTENSION REVIE~UP 95-01 INDEPENDENT BIBLE_CH.URCH, 116 Ahlvers-Ro,ad: Request for review and extension of a pennit to allow the continuation of a private school (grades K-12) in the RS-9, Residential Single Family zone. 3. SJIORELfflKSUBST ANTIAL DEYELOPMENf PERMIT -SMA 9j.=O~8, l202-11anne Drive.:. Request to permit the installation of an electrical transformer on a concrete base with containment curb and security fencing and screening in the ill, Industrial Heavy zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSION: Tim German, (Chair), Dean Reed (Vice), Bob King, Cindy Souders, Linda Nulter. Mary Cl1Iver. Martie Lucas. ST AFP: Bl1Id Collins, Director, Sue Roberds Planning Specialist. David Sawyer, Senior Planner. . . . All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting! hearing will be provided to Commission members at the meeting. 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 eaeh) or make inquiries. The Chair may allow additional public testimony ifthe issue warrants it. Briefrebutta! (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chair. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 23,1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Martie Lucas, Tim German, Dean Reed, Bob King, Mary Craver, Cindy Souders Member Absent: None Staff Present: David Sawyer, Sue Roberds, Dan McKeen Public Present: Gary Smith, Jack Glaubert, Jerry Austin APPROVAL OF MINUTES Commissioner Souders moved to approve the minutes of the July 9, 1997, Planning Commission meeting as submitted. The motion was seconded by Commissioner Reed and passed 5 - 0 with Commissioners Nutter and German abstaining. . PUBLIC HEARINGS: SHORELINK_SU.BS.IANTIAL-D.EYELOPMENT PERMIT- SMA 9-'-=-01-= CITY OF PORT A~GELES - Chas.e_S.tr.e.et. Request for a permit to allow a weVdetention pond for storm drainage in the PBP, Public Buildings and Parks zone. (This item is continued from July 9, 1997. Staff is requesting that the item be continued to October 8, 1997, awaiting completion of the required wetland report.) David Sawyer, Senior Planner, opened discussion by indicating that the wetland report needed for staff to evaluate the proposal and to further process the shoreline substantial development permit application has not been completed. Therefore, staff asked for a continuation ofthe proposal until October 8, 1997, in order to allow time for the report to be completed and submitted for review and further processing. Jack Glaubert, East Sequim Bay Rd., Sequim, Washington, objected to the further continuation as requested by staff. He alluded to agreements and litigation involving the City and himself which require that certain work be done in 1997. He stated that the wetland has already been delineated and a report submitted which should be sufficient to meet staffs needs. . The Commission discussed staffs inability to proceed fwther without the submittal of a wetland report that meets the City's requirements. Commissioner Reed moved to continue the issue until October 8, 1997, per staffs request. The motion was seconded by Commissioner Nutter. . . . Plall1ling Commissioll Millutes July 9, 1997 Page 2 Following further discussion and a response from Mr. Sawyer on the testimony provided indicating that the wetland report Mr. Glaubert referred to does not meet the City's minimum requirements for a wetland permit submittal, and, noting Mr. Glaubert's objection to a continuation until October, Commissioner Reed amended his original motion to continue the public hearing to August 13, 1997. The seconder of the motion, Commissioner Nutter, agreed. The motion passed 7 - O. CONUITlONAL USE PERMIT EXTENSION REVIEW-CUP 95.=1)1 IND~~NUENLBlBLE CHURCH, 116 Ahlvers Road' Request for review and extension of a permit to allow continuation of a private school (grades K-12) in the RS-9, Residential Single Family zone. Chair German excused himself from the proceedings and left the meeting room as he is a member of the Independent Bible Church and serves on its school board. Vice Chair Reed opened the review. Planner Sawyer reviewed the Planning Department's report which recommended that the use be extended as requested. Pastor Gary Smith, 112 North Lincoln Street, stated that the site has not been used for the school use for some time, however, the church would like to keep the option open for future use of the site as previously approved. It is doubtful that the site will ever be used as the school's main location. The school is presently operating on O'Brien Road and has been successful at that location. In response to Conunissioner Nutter, Pastor Smith indicated that the demand would have to increase in order for the school site to be permanently or more intensively relocated at the Ahlvers Road church site. The O'Brien Road location appears to serve the church's needs at present, however, the desire is to keep the subject conditional use permit valid for unexpected or future needs. Commissioner King moved to extend the use for an indefinite period of time subject to seven conditions and citing the findings and conclusions as follows: Conditions.:. 1. All concerns identified in the Public Works Department memorandums dated December 20, 1995, and March 3, 1995, shall be addressed to the satisfaction of the Public Works Department and a certificate of occupancy shall be obtained to reflect the approved school use. 2. Use of the parking lot for a play area shall be reduced by moving the north line of the proposed play area within the parking lot 18 feet to the south. 3. The play area shall be separated from the rest of the parking lot by a means sufficient to deter vehicle movement into the play area while the area is in use. . . . Planning Commission Minutes July 9,1997 Page 3 4. The proposed school shall meet all Federal, State, and local regulations for private schools. 5, Student capacity at this location shall be a maximum of 150 students. 6. The required buffer area shall be maintained as approved by the Planning Department which provides a buffer area that adequately reduces the negative impacts of the play area on the adjoining neighbors. 7. The conditional use penmt may remain valid for as long as the use complies with the conditions of approval as approved by the City Council on May 16, 1995. Endings: The following fmdings are based on the information provided in the July 23, 1997, Staff Report for CUP 95-01 (1997 extension) and all of its attachments, comments and information presented during the public hearing, and Planning Commission discussion and deliberation. 1. The request is to extend for an unlimited period of time the applicant's existing conditional use permit (CUP 95-01) which allows operation of a private school use utilizing existing church facilities at 116 Ahlvers Road as proposed in Attachment A to the March 22, 1995, Staff Report for CUP 95-01. 2. On March 22, 1995, the Planning Commission approved CUP 95-01 subject to certain conditions of approval listed in the Planning Commission 1 s minutes of March 22, 1995. 3. Subsequent to an appeal by the applicant, the City Council, on May 16, 1995, amended the conditions of approval to read as follows: A. All concerns identified in the Public Works Department memorandums dated December 20, 1995, and March 3, 1995, shall be addressed to the satisfaction of the Public Works Department and a new certificate of occupancy shall be issued to reflect the approved school use. B. Use of the parking lot for a play area shall be reduced by moving the north line of the proposed play area within the parking lot 18 feet to the south. C. The play area shall be separated from the rest ofthe parking lot by a means sufficient to deter vehicle movement into the play area while the area is in use. . . . Planning Commission Minutes July 9, 1997 Page" D. The proposed school shall meet all Federal, State, and local regulations for private schools, E. Student capacity at this location shall be a maximum of 150 students. F. A buffer plan shall be submitted to and approved by the Planning Department which provides a buffer area that adequately reduces the negative impacts ofthe play area on the adjoining neighbors. G. The conditional use permit will remain valid for a two-year period at which time it will be reviewed and extended by the Planning Commission if compliance with the conditions of approval have been maintained throughout the two year time period. 4. A Determination of Non-Significance was issued for the project on February 24, 1995. 5. The extension request and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 6. Since completion of the required improvements, there have been no complaints received by the Planning Department regarding the operation of this activity. Conclusions: The following conclusions are based on information provided in the July 23. 1997, Staff Report for CUP 95-01 (1997 extension) including all of its attachments, comments and information presented during the public hearing, and Planning Commission discussion and deliberation. 1. As conditioned. the proposed use is compatible with the surrounding low density residential uses and the intent of the RS-9 zone. 2. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. 3. As conditioned the proposal is consistent with the Comprehensive Plan. Commissioner Souders seconded the motion. Commissioner Nutter opposed extension for an unlimited amount oftime. Without a time limitation. the church could decide to relocate or intensify the minimum school use at the site without a mechanism for neighborhood comment. She did not oppose an extension but preferred that some assurance be provided to the neighborhood that their concerns would be considered should the use be intensified. Neighboring property owners and other concerned individuals have provided testifimony regarding the school use at previous hearings and . . . Planning Commission Minutes July 9.1997 Page 5 those concerns were considered in the City's previous action regarding the CUP approval and extensions. Any action by the Planning Commission at this point should acknowledge those concerns and provide for neighborhood review should the status of the site be amended. A mechanism should be imposed to provide the neighbors with an opportunity to comment should the school use be increased at the Ahlvers Road site. Commissioner Souders commented that the neighbors had been contacted regarding the current extension request and the public was provided an opportunity to comment, however, no comment was received. If the use began operation and was reported to be in violation of a condition of approval, the use could be revoked at that time. Planner Sawyer pointed out that Condition No.7 ofthe May 16, 1995, City COlUlcil approval was written such that the use would be renewed following a two-year time period if the applicant wished and extended if found to be in compliance with the conditions of approva1. He did not feel that the Commission has the option to further condition this permit at this juncture. The motion passed 6 - 1. Commissioner Nutter's negative vote was due to her previously stated position regarding an unlimited time extension for the conditional use permit. Chair German returned to the room. Commissioner Reed left the meeting due to his employment at the Daishowa Mill in that the remaining agenda item is for the mill. SHORELINE SUBSI.Am'IAL DEVELOPMENT PERMIT-SMA 97-08, 19..02 Marine Drive' Request to permit the installation of an electrical transformer on a concrete base with containment curb and security fencing and screening in the ill, Industrial Heavy zone. Planner Sawyer reviewed the Planning Department's staff report recommending approval of the permit as proposed. Terry Welker, Daishowa America, 1902 Marine Drive, explained that the current electrical distribution system is antiquated and in need of an upgrade in order to eliminate the mill's exposure to the potential loss of power down time. The subject transformer supplies the infrastructure and electrical power to paper machine No.2. The proposal will be completed in two phases and will take place over a three-year period. He agreed with staffs recommended conditions of approval and responded to Commissioner Nutter that pedestrian/vehicle traffic will not be a problem with regard to the City's Waterfront Trail and public access through the site. There being no further comment, Chair German closed the public hearing. Commissioner Nutter moved to approve the shoreline substantial development permit as proposed subject to five conditions, and citing the following findings and conclusions: . . . Planning Commission Minules July 9, 1997 Page 6 Conditions.: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha KJallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on- site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations ofthe City's Shoreline Master Program specifically those of Chapters 4, 5,6 and 7. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stonnwater runoff into the shoreline area. 5. Construction pursuant to this shoreline substantial development permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Endings: Based on the information provided in the July 23, 1997, Staff Report for SMA 97-08 (including all of its attachments), comments and infonnation presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial Development Permit on June 5, 1997 and the application was determined complete on June 12, 1997, (See Attachment A for the July 23, 1997, staff report.) 2. A Detennination of Non-Significance (#738) was issued by the City of Port Angeles SEP A Responsible Official for the proposal on July 17, 1997, and is included as Attachment B to the July 23, 1997 Staff Report. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning . . . Planning Commission Minutes July 9, 1997 Page 7 Ordinance and critical areas ordinances have been reviewed with respect to this application. s. 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. 6. Chapter 5 of the City's Shoreline Master Program indicates water-related industrial uses, such as a sawmill, are permitted uses in the U-H designation. 7. The City's waterfront trail runs along Marine Drive through the subject site. 8. The location of the proposed transformer is over 30' from Marine Drive and the waterfront trail. 9. The proposed transformer will serve the existing sawmill facility. Conclusions: Based on the information provided in the July 23, 1997, Staff Report for SMA 97-08 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy C-8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, J-2, and N-2, Chapter 5, Policy D-1, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy C-8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, J-2, and N-2, Chapter 5, Policy D-1, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Craver and passed 6-0. . .. . Planning Commission Minutes July 9, 1997 Page 8 COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 8:50 p.m. 0~~~ David Sawyer, tmg Secretary Tim Gennan; Chair PREPARED BY: S. Roberds . PLEASE SIGN~ .oI.ANN\~G CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: "7 - 23-q7 \01. lD. , jp-j( '';~?~:,~f.~~ "'"'-: ~ . _'f'~ -, .