HomeMy WebLinkAboutMinutes 10/09/1991
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AGENDA
PORT ANGELES PLANNING COMMISSION
City Council Chambers
321 East Fifth Street
Port Angeles, W A 98362
October 9, 1991
7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES: Meeting of September 11, 1991
PUBLIC HEARINGS:
PROPOSED CLEARING/GRADING ORDINANCE. City-wide: Proposed
ordinance which would establish standards and regulations for grading and filling
activities within the City of Port Angeles.
2.. PLANNED RESIDENTIAL DEVELOPMENT - PRO 91(07)02 - OLYMPIC
EST A TES. EckardlWabash Streets: Proposal to develop a Planned Residential
Development of four single-family residences on 1.5 acres.
3. SHORELINE MANAGEMENT PERMIT - SMA 91(10)123 - BRITISH
PETROLEUM. Ediz Hook: Request for a permit to allow the placement of up
to 15 piling, 4 - 5 brace piling and 4 timber whalers to an existing concrete/steel
mooring dolphin.
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All correspondence penaining to a hearing item received I7y the Planning Depanmenr at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
Planning Commission: Ray Grover, Chair; Cindy Souders, Vice-Chair; Jim Hulett; Roger Catts; 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.
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Planning Commission Agenda
Page 2
v. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
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 Chairman.
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PLANNING COMMISSION
Port Angeles, Washington
October 9, 1991
I CALL TO ORDER
Chairman Gruver called the meeting to order at 7:00 P.M.
II ROLL CALL
Members Present:
Larry Leonard, Roger Catts, Jim Hulett,
Ray Gruver, Bob Philpott, Cindy Souders.
Members Excused:
Bill Anabel
staff Present:
Brad Collins,
Kenworthy.
Jimerson,
Gary
John
III APPROVAL OF MINUTES
Mr. Philpott moved to approve the minutes of the meeting of
September 25, 1991, as presented. Mr. Hulett seconded the
motion, which passed 4 - 0, with Messrs. Catts and Leonard
abstaining.
Mr. Leonard moved to change the order of the public hearings
to conduct scheduled hearing No. 2 first, followed by hearing
No.3, followed by No.1. The motion was seconded by Mr.
Catts and passed unanimously.
IV PUBLIC HEARINGS
PLANNED RESIDENTIAL DEVELOPMENT - PRD-91 (07) 02 - OLYMPIC
ESTATES, . Eckard/Wabash Streets: Proposal to develop a
Planned Residential Development of four single-family
residences on 1.15 acres.
Mr. Jimerson reviewed the Department Report. Chairman Gruver
opened the pUblic hearing at 7:10 P.M..
George Casady, Seattle, Washington, explained he had hired an
engineering firm to develop the drainage plan. The stormwater
catch basin would contain.surface.water during periods of peak
rain and would allow the water to escape at a natural rate.
The catch basin would not act as a pond year-round.
There being no further public testimony, Chairman Gruver
closed the public hearing at 7:20 P.M.
Mr. Leonard asked the applicant how much it cost him to
prepare plans and meet the requirements of the Department of
Fisheries hydraulic permit. Mr. Casady responded that it cost
him $2,500.
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PLANNING COMMISSION
october 9, 1991
Page 2
Mr. catts moved to forward a favorable recommendation to the
city council, citing the following conditions,. findings, and
conclusions:
CONDITIONS:
1. The 20-foot wide, one-way circular drive and the entrance
roadway between the improved Eckard Avenue and the prop-
erty line shall be paved with an all-weather surface. At
least 16 feet of the drive and the entrance drive shall
be paved with 2" of asphalt on top of an 8" base and 2"
top rock, with two-foot shoulders on both.sides.
2. Provide a fire hydrant capable of delivering 1,000
gallons per minute within 250 feet of all homes prior to
occupancy of any home. An alternative is to sprinkler
the homes and have a fire hydrant within 500 feet.
3. Submit to the Fire and Planning Departments for approval
plans of the sign to be located on Eckard Avenue which
identifies the addresses of the four buildings. The sign
shall be installed prior to occupancy of the buildings.
4.
Electrical utilities serving the houses shall be placed
underground. Provide ci ty Light wi th any easements
necessary for these utilities.
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The storm drainage shall comply with the following: (a)
roof leaders/footings shall drain to the pond: (b) in-
stall culverts underneath the driveways: (c) construct a
drainage ditch from the property along the south side of
Eckard Avenue to Wabash.
FINDINGS:
A. The city council approved the preliminary PRO and plat
titled "Olympic Estates", creating four single-family
lots and one common open space lot, on August 6, 1991.
B. The Planning Commission and City Council concluded the
preliminary PRO and plat was consistent with the Compre-
hensive Plan, Zoning Ordinance, and Subdivision Regula-
tions.
C. The applicant submitted for final PRO and plat approval
on September 12, 1991.
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The applicant has met the following conditions of the
preliminary approval: Entering into a non-protest
agreement for the formation of an L.I.D.; submitted a
drainage plan to Public Works for approval; revised the
circular drive to 20 feet wide; and has submitted a
landscape plan for approval.
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PLANNING COMMISSION
October 9, 1991
Page 3
A hydraulics permit has been issued by the Department of
Fisheries, which addresses conditions relating to drain-
age.
CONCLUSIONS:
1. As conditioned, the final PRO and plat is in conformance
with the preliminary approval.
2. The final PRO and plat has not changed in any manner so
as to result in inconsistencies with the Comprehensive
Plan and zoning Ordinance.
3. As conditioned, the final plat is in conformance with the
city's Subdivision Ordinance.
The motion was seconded by Mr. Leonard and passed unanimously.
SHORELINE MANAGEMENT PERMIT - SMA-91 (10) 123 - BRITISH
PETROLEUM, Ediz Hook: Request for a permit to allow the
placement of up to 15 pilings, 4 - 5 brace pilings, and
4 timber whalers to an existing concrete/steel mooring
dolphin.
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Mr. Jimerson reviewed the Department report. Mr. Leonard
asked staff why the Planning Department is recommending that
British Petroleum contribute to the cost of materials for the
Waterfront Trail. Staff responded that Daishowa America is
already committed to paying for improvements of the Trail.
since British Petroleum is improving their property, requiring
them to contribute to the cost would provide for more equity
in covering the costs of constructing the Trail and it would
help assure the Trail improvements be completed through the
industrial area to the end of the tank farms. The Shoreline
Master Program contains policies which support requiring
industrial development to facilitate the construction of the
Trail. The Trail would benefit British Petroleum, as it would
create a safe access route~along ~heir property for the public
using the Trail.
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Chairman Gruver opened the public hearing at 7:30 P.M
Bob White, 704 Ridgeview, the terminal manager for British
Petroleum, stated he had.not had..an.opportunity to review the
request for contributing to the Trail construction. He would
need to discuss the matter with other individuals at British
Petroleum before he could provide a response. British
Petroleum has a 10-year sublease on the property from Daishowa
America, which he believes leases the property from the State
or the city.
Mr. Jimerson noted that the cost of materials for the Trail is
about $4.50 per lineal foot. If the British Petroleum site
covers 400 feet, the total cost would be $1,800.
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PLANNING COMMISSION
October 9, 1991
Page 4
Mr. White noted that at that rate the Trail cost would be 5%
of the total project cost.
There being no further public testimony, Chairman Gruver
closed the public hearing at 7:40 P.M.
Mr. Leonard moved that the Planning Commission forward a
favorable recommendation to the Ci ty council, ci ting the
following findings and conclusions:
FINDINGS:
1. The Shoreline Master Program designates the site as Urban
Environment.
2. The Comprehensive Plan and Zoning Ordinance designate the
site as Heavy Industrial.
3. The approval is to allow an upgrade to an existing moor-
ing dolphin, which includes installation of up to 20
additional piles, 5 brace piles, and 4 whalers, as well
as replacement of existing pil ings, if found to be
broken.
4.
The site is located in an existing industrial area. The
site contains a mooring pier used for cargo shipments to
and from the Daishowa warehouse, and for refueling of
Ships.
5. The Shorel ine Master Program, Comprehens i ve Plan, and
Zoning Ordinance have been reviewed with respect to this
proposal.
6. The SEPA Responsible Official issued a Determination of
Non-Significance for the proposal.
CONCLUSIONS:
A. The proposal is consistent with the Port Angeles Shore-
line Master Program, specifically General Regulations
C.l, C.3 and C. 4; Land Use Element 0.1. a; and Use
Activity Policies F.2.d, F.8.a, F.8.d, and F.17.a.
B. The industrial use is consistent with the policies and
regulations of the Port Angeles...Comprehensive Plan and
Zoning Ordinance, which designates the property for heavy
industry.
C. The proposal will not be detrimental to the shoreline.
The Planning Commission discussed the staff recommendation
that the applicant be required to pay for the materials for
construction of that portion of the Trail located on the
British Petroleum site. Messrs. Hulett and Gruver commented
that British Petroleum should be treated in a manner which is
consistent with the requirements placed on Daishowa America.
PLANNING COMMISSION
October 9, 1991
Page 5
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If Daishowa was required to provide the right-of-way and the
Trail improvements, then, too, should British Petroleum.
Similarly, if Daishowa was required to provide right-of-way
only, the City should not expect more from British Petroleum.
Mr. Leonard modified his motion to include a condition which
requires British Petroleum to provide a Trail right-of-way, if
needed .
The motion was made, citing the following condition, in addi-
tion to the above findings and conclusions:
CONDITION:
A. The applicant shall provide the necessary right-of-way
for the Waterfront Trail through the site, if needed.
The motion was seconded by Mr. Catts and carried unanimously.
Chairman Gruver asked staff about reporting to the City
council on the status of the Trail improvements through the BP
Site. Mr. Collins said a report would be prepared.
The Planning Commission took a break at 7:50 P.M. and recon-
vened at 8:00 P.M.
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PROPOSED CLEARING/GRADING ORDINANCE, City-wide: Proposed
ordinance which would establish standards and regulations
for grading and filling activities within the City of
Port Anqeles (Continued from September 23. 1991)
Mr. Collins explained the changes to the draft clearing and
grading ordinance which have been made since the previous
public hearing, noting that the provisions for variance has
been deleted, as this particular ordinance is more related to
the building permit process than it would be to the zoning.
The ordinance allows enough discretion on the part of the
administrator that a variance procedure is not warranted. If
there was a question on interpretation of the ordinance, it
would go to the Board of Appeals. Mr. Collins noted that the
preparation of this ordinance was the result of a City Council
goal. The city has increasingly experienced problems with
projects where the City has no control over the clearing and
grading of property. .Mr. ..Collins cited.-several examples in
the City, including filling of the Priest hole, grading at
Francis street, clearing at vine and Peabody, and drainage
near Ennis Creek.
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Gary Kenworthy, City Engineer, added that during the past
winter the City experienced several problems with single-
family homes which generated significant amounts of erosion
into the stormwater system and onto City streets. He stated
he had no authority to prevent this erosion without this
ordinance.
PLANNING COMMISSION
October 9, 1991
Page 6
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Mr. Collins explained the difference between the sensitive
areas ordinance and the clearing and grading permit, noting
that the sensitive areas ordinance identifies those areas in
the city to be protected; whereas, the clearing and grading
ordinance provides a permitting process in order to disturb
sensitive areas. The sensitive areas ordinance does not allow
slopes of 40% or greater to be disturbed but does allow
various levels of work to occur on slopes between 15% and 40%.
Chairman Gruver opened the public hearing.
Pat McDowell, 318 East Front street, expressed support for a
clearing and grading ordinance in Port Angeles, noting that
the area enjoys a unique environment. Development has been
occurring in areas where it should not be. The ordinance is
a reasonable means of governing and regulating speculative
clearing and grading.
Norman Brooks, 723 Elizabeth Place, expressed concern over
work that was occurring north of Melody Lane 1 an existing
wetland may be in the process of being drained. He has
contacted the state Department of Wildlife. He thought the
ci ty needs a moratorium on this type of work to prevent
further damage, until an ordinance is adopted.
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Mr. Collins pointed out that the City has no authority over
the wetlands. He understood that the work which was occurring
was just the cleaning out of an existing drainage ditch. He
was asked by the Commission to investigate the Melody Lane
situation.
Fran Burch, 102 East First street, read into the record a
letter from pili Meyer, the president of the Board of
Realtors, expressing concern that the development community
has not had adequate opportunity to provide input into the
draft ordinance and is asking for a continuation of the public
hearing to allow further input.
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Linda deBord, 1309 East Seventh Street, noted that there are
one-acre lots in the Highland View Subdivision and the west
end of Port Angeles contains a significant amount of property
without access to sewer, which means the minimum lot size for
development with a septic tank would be 12,500 square feet;
and therefore, there are still many single-family lots in the
ci ty .._whi.ch ..would _not be ,exempt from the' 'c~learing and grading
ordinance. How does the City expect to monitor the rainfall
and how would they be able to conduct inspections when there
is a half-inch of rain or more within a 24-hour period? The
provisions contained in Section 17(B) could result in exces-
sive response time, which would serve to delay projects.
section 25 (24) (A), which states when there are conflicting
regulations the most restrictive shall apply, doesn't reflect
the notion that the most restrictive regulation is not neces-
sarily the best regulation. The SEPA review process already
tends to slow down development throughout the state, and she
was concerned that this ordinance would create an additional
PLANNING COMMISSION
October 9, 1991
Page 7
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delay. She questioned the 200-foot setback, as the current
State law is for 100 feet.
Mr. Collins responded that the 200-foot setback does not
restrict development: rather, it is the threshold where a
permit is required. The 100-foot setback in state law is a
restriction. New restrictions in the wetland and environ-
mentally sensitive areas ordinances may be greater or less
than 200 feet in certain instances. The 200 feet is con-
sistent with the Shoreline Master Program and it is a
threshold used in several grading ordinances throughout the
State.
Art Dunker, 2114 West sixth Street, had just received the
revised ordinance. He questioned whether such an extensive
ordinance as this is needed for this community. He expressed
concerns over the 9,000 square-foot exemption as it may affect
the ability to build a house on a timbered lot. He would like
the Building Industry Asociation staff in Olympia to have the
opportunity to review the ordinance before the Planning
commission acts on it.
Charles May, 506 Blue Water View, stated the ordinance is
rather complex and that additional time is needed to review
it.
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Joyce Rose, 416 Ridgeview, stated the ordinance depends
heavily upon interpretations. There are no specific standards
to be applied to every case. The time it takes to make inter-
pretations would result in delays in development projects.
Roger Wheeler, 13S5-C Erving Jacobs Road, stated that the
ordinance is difficult to understand and would add time to the
development approval process and may negatively affect the
timing of construction projects. Larger developers have the
expertise and time to comply with the ordinance, but the
smaller companies and individuals do not have either the time
or the expertise to comply.
Ray Grice, 515 West Seventh street, expressed concern with the
impact of the ordinance on the cost of development projects
and the possibility that the additional costs and regulations
would prevent new development from occurring within the City
limits.
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There being no further public testimony, Chairman Gruver
closed the public hearing at 9:15 P.M.
The Planning Commission took a break and reconvened at 9:30
P.M.
.
After considerable discussion, Mr. Leonard moved to continue
the item to the December 11, 1991, meeting, with directions to
staff to (a) provide a discussion as to how the City would
benefit from having the ordinance: (b) to revise the ordinance
with consideration to the concerns raised in public testimony,
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PLANNING COMMISSION
October 9, 1991
Page 8
paying special attention to malting the ordinance simple and
easy to understand: (c) to evaluate the possibility of using
Chapter 70 of the Uniform Building Code as a means of achiev-
ing control over clearing and grading activities; and (d) make
the revised ordinance available to the public and to the
development community no later than November 13, 1991, for
review and comment. The motion was seconded by Mr. Hulett and
carried unanimously.
Mr. Leonard moved to re-open the public bearing on the pro-
posed clearing and grading ordinance and to continue the
public hearing to December 11, 1991. The motion was seconded
by Mr. Hulett and carried unanimously.
V COMMUNICATIONS FROM THE PUBLIC
None.
VI STAFF REPORTS
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Mr. Collins noted that he would send a letter to Mr. Brooks
informing him that the city has no authority over wetlands,
and would inform him of other agencies which he may try to
contact. However, the City has no authority to act if a
wetland is being drained until a clearing and grading
ordinance is adopted.
Ms. Souders volunteered to call Mr. Brooks and provide him
with contacts to environmental groups which may. want to
investigate.
Mr. Collins noted that a Mr. Kapetan is requesting the
Planning Commission review the Planning Department's inter-
pretation on fence heights at the October 23rd meeting. The
consensus of the Planning Commission was that it is more
appropriate that the Board of Adjustment conduct such a
review.
Mr. Collins noted that the Innovative Housing Committee might
not be coming to the Planning commission with recommended
changes to the PRO ordinance, which has been scheduled on the
agenda for October 23rd, but.-mightgo directly to the City
Council for action. The Planning Commission review mayor may
not be required, depending on 'whether or not the changes to
the PRD.ordinance are viewed_as.a~odificatian_to the Merrill-
Ring Zoning Code Amendment request, or if the ordinance is
considered to be a separate amendment to the Code.
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Mr. Collins noted the discussion earlier on the new regulation
of land use and distributed to the Planning commission copies
of a King County case which addressed the taking issue and
reasonable use of land.
PLANNING COMMISSION
October 9, 1991
Page 9
4It VII REPORTS OF COMMISSION MEMBERS
Mr. Catts reported that the Growth Management Advisory Com-
mittee met for the last time until December 4th, and that they
took action to recommend to the Planning Commission the adop-
tion of the wetlands and critical areas ordinances.
Ms. Souders noted that there is a letter to the editor in the
Sequim paper from Bill White, Clallam County Planning
Director, relating to the public hearing process for the
Mitsubishi Resort.
Mr. Philpott asked for clarification as to whether or not it
would be appropriate for the Planning Commissioners to review
their comments on the clearing and grading ordinance with the
staff over the next week or two. Mr. Collins replied it would
be appropriate, and that comments should go directly to Jack
Pittis, Director of Public Works.
VIII ADJOURNMENT
There being no further business, Mr. Catts moved to adjourn
the meeting. The motion was seconde r. Hulett. The
Planning Commission adjourned
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~
ins, Secretary
Prepared by: John Jimerson
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