HomeMy WebLinkAboutMinutes 10/11/1989
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PLANNING COMMISSION
Port Angeles, Washington
October 11, 1989
I ROLL CALL
Members Present:
Larry Leonard, Jim Hulett, Bob Philpott,
Jerry Cornell, Jerry Glass, Dick Wight,
Donna Davison.
Members Absent:
None.
Staff Present:
Brad Collins, Sue Roberds, Bruce Becker.
II CALL TO ORDER
Chairman Cornell called the meeting to order at 7:05 P.M.
III APPROVAL OF MINUTES
Mr. Leonard moved to approve the minutes of the September 27,
1989, meeting as written, with the following amendment to Item
VI PLANNING STUDIES, Long-Range Planning Issues, making Item
No.4, Zoning Ordinance Update, No.5; and No.5, Traffic
Patterns for the City, No.4. Mr. Hulett seconded the motion,
which passed 4 - 0, with Messrs. Wight and Glass and Ms.
Davison abstaining.
IV PUBLIC HEARINGS
CONDITIONAL USE HEARING - CUP-89 (10) 15-HO - ROY AND KAREN
LEACH: Request for a Permit to allow a day care in the
RS-7, Single-Family Residential District. Location: 515
West Fifteenth street.
Mr. Collins reviewed the Department Report and noted a letter
from Mr. and Mrs. Bruce Thompson, 511 West 15th Street,
indicating a concern over noise generated from the day care
activity.
Chairman Cornell opened the public hearing.
Karen Leach, 515 West 15th Street, explained the request and
said she is willing to work with the neighbors on any
disruptive noise which may be generated from the day care
activity.
There being no further questions, Chairman Cornell closed the
public hearing.
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PLANNING COMMISSION
October 11, 1989
Page 2
Fire Marshal Becker responded to a question from Ms. Davison,
stating a fire inspection would be done following action on
the Conditional Use Permit.
Mr. Wight moved to approve the Conditional Use Permit subject
to the following conditions:
1. The proposed family day care center shall conform with
all development standards, as set forth in the Home
Occupations Chapter of the Zoning Ordinance (Section
17.86.040).
2. This Conditional Use Permit allows the applicant to
operate a family day care center with a maximum of eight
(8) children, between the hours of 7:45 A.M. and 5:30
P.M. All indoor and outdoor play areas shall meet state
Department of Health Requirements for a family day care
center.
3. state and local Fire Codes shall be complied with,
including smoke alarms, fire extinguishers, and approved
exi t areas. The premises will be inspected yearly by the
Fire Department and shall comply with all UFC require-
ments.
4.
On-site parking in the driveway area to the south of the
subject property will be kept available for the day care
uses during day care hours and days of operation. If, in
the future, the City or other appropriate regulatory
agency finds that the family day care center, as approved
at this site, requires greater on-site parking facili-
ties, the applicant shall provide such on-site parking,
subject to the City'S Planning and Public Works Depart-
ments approvals.
5. If substantive complaints regarding noise are received,
the authorized hours of operation may be reduced and/or
other noise control measures required by the Planning
Commission;
and citing the following findings of fact:
A. This location is physically suited for a family day care
center.
B. The proposed use is consistent with the City of Port
Angeles Residential Policies of the Comprehensive Plan.
C.
The proposed use will not adversely affect the health,
safety, morals, or welfare of the surrounding neigh-
borhood;
PLANNING COMMISSION
October 11, 1989
Page 3
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and cited the following conclusions:
A. A family day-care center on this property, a s conditioned
by this permit, will not adversely affect the surrounding
properties, and can afford a residential, home-like
environment for children, which is in the public
interest.
Mr. Leonard seconded the motion, which passed unanimously.
SHORELINE MANAGEMENT HEARING - SMA-89 (10) 102 - DAISHOWA:
Request for a Permit to allow on-site treatment of
excavated petrOleum-contaminated soils, by land farming
of the excavated soils, located in the M-2, Heavy
Industrial District. Location: Marine Drive and ilK"
street.
Mr. Collins reviewed the Department Report and responded to
the Commission's questions on the possibility of leachate
action at the site.
Chairman Cornell opened the public hearing.
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Mark Hannah, Technical Manager for Daishowa, explained the
background of the purchase for the railroad roundhouse site,
and the subsequent discovery of an underground storage tank
and a wooden-lined grease pit on-site. There was discussion
concerning the contamination by hydrocarbons (diesel) being
much more than was originally expected; therefore, the land
farming approach is proposed by the applicant as a logical
method to eliminate the problem. Mr. Hannah requested that
the Mill be given the option to utilize both sites, site 1 and
Alternate site 2, for the land farming operation.
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Mark Madison, CH2M Hill, Portland, Oregon, in his capacity as
a civil and agricultural engineer, explained the benefits of
land farming. Mr. Madison said that land farms are common in
the elimination of petroleum-contaminated products from the
soil. He stated the method is well proven and used widely by
oil refineries and should be very successful at this site.
Mr. Madison further explained that Daishowa does not have a
concern for leachate problems because diesel fuel was probably
deposited in that area 40 to 50 years ago, or over a period
of time when engines were being serviced in the railroad
roundhouse. Diesel fuel tends to attach itself to soil
particles with much more tenacity than to water, and if there
was free oil in the site, it would have moved or stabilized
in the soil, or leached out by this time. The strong sorption
of the diesel on soil was demonstrated for the Commission mem-
bers using a bottle of warm water and a Clump of contaminated
soil.
PLANNING COMMISSION
October 11, 1989
Page 4
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The process would be to collect and store the contaminated
soils (which has been done) on-site. The first season would
be to maintain a soil condition, with no application of
spoils, with good microbial activity. The types of microbes
which can break down the oil exist in the soil at present,
with the population of other microbes. The site would be
modified with nutrients, moisture, fertilizers, and lime to
increase organic matter in the soil so a higher moisture
content can be maintained, which is more preferable to the
necessary microbes. Management of the site will enable
acceleration of the rate of degradation occurring on-site.
Degradation is occurring, and has occurred, over the past 40
to 50 years, but by removing the hot spots, acceleration of
degradation of site contamination is possible.
Once the site conditions are acceptable, a small application
of waste material will be applied at a three to four inch
application rate, and a crop grown, maintaining soil
conditions to further break down the contamination in the
applied soil. As the layer is reduced, a further layer will
be applied, and the process continued until all spoils are
sufficiently decontaminated.
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Mr. Madison further explained that the only method of contam-
ination to surrounding soils would be by surface runoff from
the area. A berm could be placed close to the lagoon, the
edge of the berm could be the side of the lagoon, with the
berm approximately 1 foot high, and leveling of the site would
effectively reduce any soil runoff from the area. Mr. Madison
said they expect to have no ponding on-site.
Pat O'F1aherty, CH2M Hill, Bellevue, Washington, stated her
company is under contract to FEMA and new information has
indicated that this site is not considered to be in a 100-year
flood plain.
Ms. O'Flaherty said if the land farming operation could not
begin right away, the soils would be stockpiled on Alternate
Site No.1. The contaminated soil would be cleaned up at the
point of origin; truck traffic transporting soils through town
can be avoided; and valuable landfill area could be saved by
this land farming operation.
There being no further questions or comments, Chairman Cornell
closed the public hearing.
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Following discussion, Mr. Leonard moved to recommend approval
of the Shoreline Substantial Development Permit, subject to
the following conditions:
PLANNING COMMISSION
October 11, 1989
Page 5
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1. The project will be subject to the Public Works
Department approval of site-specific plans, which may
include a monitoring plan, berming, or buffering along
the lagoon.
2. The hours of operation be from 7 A.M. to 5 P.M., weekdays
only;
and citing the following findings:
A. The proposed use is a continuation of the industrial use
of the existing properties.
B. The proposal does not involve any discharges of waste
materials to surface or ground water.
c. Short-term noise impacts from excavation and land farming
activities are proposed to occur between the hours of
7:00 A.M. and 5:00 P.M.;
and citing the following conclusions:
1.
Removing contaminated soils from subsurface layers and
placing it in the active surface layer will reduce ground
water impacts, and the planting of a cover crop, such as
barley or winter rye, will reduce surface water and storm
run-off impacts.
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2. The proposal is consistent with the policies and regula-
tions of the Port Angeles Shoreline Master Program, the
Port Angeles Comprehensive Plan, and the Zoning Code.
Mr. Glass seconded the motion, which passed unanimously.
Mr. Hannah said Daishowa had no problem with the conditions
as attached. He further indicated he would like to meet with
the Public Works Department as soon as possible to address any
further concerns the Department might have.
The Commission took a 5-minutes recess; the meeting reconvened
at 9:05 P.M.
STREET VACATION HEARING - STV-89(10)8 - REID: Request
for vacation of City right-of-way between "B" and "c"
streets, in the LI, Light Industrial, District.
Location: 18th street between "B" and "C" Streets.
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Mr. Collins reviewed the Department Report.
Chairman Cornell opened the public hearing.
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PLANNING COMMISSION
October 11, 1989
Page 6
Louie Torres, Olympic Development Planning, 662-1/2 West
Sequim Bay Road, Sequim, Washington, representing the
applicant, demonstrated, by use of the markerboard, the
property and its location to the existing sewer line and
easement as requested by the Department of Transportation.
Mr. Torres further explained that the Department of Trans-
portation had submitted a letter dated July 26, 1989, stating
no objection to the entire width of 18th Street in favor of
Burt Reid, with considerations made to the Department of
Transportation in the form of an easement to an improved
access along and within a 25-foot wide strip adjacent to the
DOT property, and that there will be no barrier to the State
at either end of the strip, except for such intermittent uses
as may be normal and customary for access to the adjoining
mini-storage facility.
There being no further questions or comments from the
audience, Chairman Cornell closed the public hearing.
Following discussion, Mr. Glass moved to recommend approval
of the street vacation for the entire width of 18th street
between "B" and "c" Streets, as requested in the application,
subject to the following conditions:
1.
An improved access along and within a 25-foot wide strip
adjacent to the state Department of Transportation
property on 18th street between liB" and "C" streets;
2. utility easement for power line along the north side of
18th Street in the 25-foot access easement granted to the
state DOT;
3. a 20-foot wide utility easement for existing sewer line;
the easement to be located at least five feet and no
greater than 15 feet from the sewer line in 18th Street;
and citing the following findings:
A. Vacation of the subject right-of-way would place the
property on the city's tax rolls and be in the public
interest.
B. 18th street, at present, is undeveloped and unnecessary
to traffic circulation in the area.
C. Vacation of the subject right-of-way would encourage use
of 18th Street by the public accessing the activity in
Block 456, thereby lessening the possibility of traffic
impacts on Lauridsen Blvd. '
PLANNING COMMISSION
October 11, 1989
Page 7
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D. Vacation of the subj ect right-of-way would discourage
through traffic on 18th Street, located near the
intersection of two collector arterials;
and citing the following conclusion:
1. Vacation would be in the public interest by eliminating
conflicting and potentially dangerous traffic situations
in the area.
Mr. Leonard seconded the motion, which passed unanimously.
CONDITIONAL USE HEARING CUP-89(10l16 7TH DAY
ADVENTIST CHURCH: Request for a permit to allow an
elementary school activity to locate in the existing
Church building I located in the RS-7, Single-Family
Residential District. Location: 124 West Ninth Street.
Mr. Collins reviewed the Department report.
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Chairman Cornell opened the public hearing.
Mike Edge, 931 Draper Road, indicated the Church had been in
contact with the Queen of Angels Church and is at present
trying to work out an agreement to use the Queen of Angels'
playground for the 7th Day Adventist's proposed school
activity, as well. Mr. Edge had no further comment concerning
the Department report or conditions, other than if the Church
is not allowed to use the Queen of Angels' playground, the
condition to fence or barricade the parking lot is acceptable.
There being no further questions, Chairman Cornell closed the
public hearing.
Following discussion, Mr. wight moved to recommend approval
of the Conditional Use Permit subject to the following
conditions:
1. A floor plan be submitted for review by the Public Works
Department, to determine compliance with the Uniform
Building Code.
2. The school must comply with all State and local Fire Code
regulations.
3.
If the parking lot area is used for playground activity,
the area will be appropriately barricaded or fenced and
so identified to prevent intrusion into the alley. A
plan for outdoor play area must be submitted to the
Planning Department for review and approval;
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PLANNING COMMISSION
October 11, 1989
Page 8
and citing the following findings:
A. The site and general layout of the site are satisfactory
for a private elementary school.
B. An elementary school is compatible with surrounding uses
and desirable in residential areas.
C. City utilities appear to be adequate to support this
function.
D. The Port Angeles Comprehensive Plan Goal #5 (p. 30);
Social Policy #4 (p. 44); and Social Objective #3 (p.
45), are relevant to this Conditional Use Permit;
and citing the following conclusions:
1. with appropriate conditions, the elementary school will
not adversely affect the residential uses in the area.
2. The proposed use is consistent with the Comprehensive
Plan.
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The use is not a further expansion into the residential
area.
Ms. Davison seconded the motion, which passed unanimously.
CONDITIONAL USE HEARING - CUP-89 (10) 17 - ST. MATTHEW
LUTHERAN CHURCH: Request to allow a Permit for an
extension of Church group (Sunday school) activities to
an existing residence, located adjacent to the Church,
in the RS-7, Single-Family Residential District.
Location: 116 East 13th street.
Mr. Collins reviewed the Department report.
Chairman Cornell opened the public hearing.
Charles Burke, 403 Reservoir Road, Sequim, Washington, as
trustee for the Church, stated there will be 27 children in
the school; the hours of operation will be from approximately
9:15 A.M. to 10:15 A.M. on Sundays only. There are two to
four meetings per month in the evenings for youth groups,
which will meet at the residence at various times. Mr. Burke
spoke at length concerning the Public Works Department
requirements.
There being no further questions, Chairman Cornell closed the
public hearing.
PLANNING COMMISSION
October 11, 1989
Page 9
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Mr. Philpott moved to recommend approval of the Conditional
Use Permit for extension of Church activities to the adjacent
residential building, located at 116 East 13th street, subject
to the following conditions:
1. Youth group activities, such as loud music which is
disturbing to residential neighbors, shall not be allowed
to continue after 9:00 P.M. in the evening;
and citing the following findings:
A. st. Matthew Lutheran Church is an established conditional
use in this residential zone.
B. Off-street parking to serve the Sunday school activity
on Lot 6 is located more than 50 feet to the east on Lot
4.
C. Port Angeles Comprehensive Plan Goals 3 - 5: Social
Policy 4: Social Objective 3: and Land Use Objective 2,
are relevant to this Conditional Use Permit application.
D.
The Sunday school and youth group acti vi ties are intended
to occur occasionally in the evening hours.
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E.
The st. Matthew Lutheran Church properties serve as a
transitional use, buffering the residential uses from the
principal arterial, Lincoln street.
F. There is no evidence in the Planning Department files
that st. Matthew Lutheran Church has been incompatible
with, detrimental to, or depreciating neighboring
residential properties;
and citing the following conclusions:
1. st. Matthew Lutheran Church is not further expanding into
the residential neighborhood.
2. The off-street parking provided for the Sunday school
will be inconvenient for those only using the building
on Lot 6.
3. The proposed conditional us is consistent with the City
of Port Angeles Comprehensive Plan and the purpose of the
RS-7 Zoning District.
4.
with appropriate conditions, the proposed conditional use
will not result in any significant impacts on the resi-
dential neighborhood.
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PLANNING COMMISSION
October 11, 1989
Page 10
5. This location is physically suited for a Sunday school.
Mr. Glass seconded the motion, which passed unanimously.
V COMMUNICATIONS FROM THE PUBLIC
None.
VI STAFF REPORTS
Ms. Roberds gave a short report on the outcome of the Admin-
istrative Hearings held September 21, 1989.
There was considerable discussion among Commission members and
staff concerning decisions being rendered at the Administra-
tive Hearings.
VIr REPORTS OF COMMISSIONERS
Ms. Davison requested the Attorney's memo concerning amending
the Adult Entertainment Conditional Use Permit ordinance, be
placed on the Planning commission agenda for the October 25th
meeting.
Mr. Wight indicated he was unsure of the intent of the
Commission's direction for him to investigate the Budget Rent-
A-Car signs, per a letter dated August 24, 1989.
Ms. Roberds gave a brief background of the request for inter-
pretation from Lea Heckman, Budget Rent-A-Car, concerning
"Ferry Parking" signs.
Ms. Davison moved to interpret that free-standing signs
reading "Ferry Parking" would be considered advertising signs,
not directional signs, such as "Exit" and "Entrance", and not
permitted as exempt directional signs in the Central Business
District. Mr. Glass seconded the motion, which passed
unanimously.
Mr. Hulett noted that US West Telephone Company should be
notified in the event of street vacations.
Mr. Leonard gave a report on a zoning institute conference he
attended on October 6, 1989. The subject of the conference
was dealing with rezones and the Shoreline Management Act.
Mr. Leonard stated that a speaker at the conference noted that
all rezone proposals, surrounding property owners must be
notified by state law. Due to the fact that the notification
requirement is not addressed in the City I s codes, staff
indicated they would check into the situation with the City
Attorney and further report to the Commission members.
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PLANNING COMMISSION
October 11, 1989
Page 11
There was discussion on the Shoreline Management Act, the
"taking" issue, and police power.
Mr. Glass apologized to the Commission members for his absence
at the September Planning Commission meeting.
VIII ADJOURNMENT
The meeting adjourned at 10:55 P.M.
PLAN. 235
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