HomeMy WebLinkAboutMinutes 10/26/1988
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AGENDA
PORT ANGELES PLANNING COMMISSION
321 ESB" Fifth Street:;
Par,. Angeles. Wsshlngt:;an 98362
OCTOBER 26, 1988
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of October 12, 1988
IV.
PUBLIC HEARINGS:
1. STREET VACATION REQUEST - CRONAUERjWHITMAN, STV 88(7)6 -
Portion of Caroline Street: Request for vacation of that por-
tion of Caroline abutting Lots 9, 10 and II, Block 32, and
Lots 7, 8 and 9, Block 37, Norman R. Smith's Subdivision to the
Townsite of Port Angeles. (This item was referred to the Comm-
ission at the September 20, 1988, meeting of the City Council
for further consideration).
2. SHORELINE MANAGEMENT PERMIT - CRONAUER, SMA 88(9)91 -
Francis Street south of the Harbor: Request for a shoreline
permit to allow development of property within 200' of the
shoreline. (This item is continued from the October 12th
meeting of the Commission).
3. ZONING CODE AMENDMENT - ADULT RESIDENTIAL CARE FACILITIES -
ZCA 88(1)1, City-wide: Request for consideration of legisla-
tion amending the Zoning Code regulating the location of senior
citizen apartment complexes, boarding homes, elderly care facil-
ities and other similar adult residential care facilities.
(This item is referred to the Commission from the 10/4/88 City
Council Meeting).
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
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PLANNING COMMISSION
Port Angeles, Washington
October 26, 1988
I
CALL TO ORDER
Chairman Wight called the meeting to order at 7:06 P.M.
II ROLL CALL
Members Present: Larry Leonard, Jim Hulett, Jerry Cornell,
Bob Philpott, Donna Davison-Ness, Dick
Wight
Members Absent: Jerry Glass
Staff Present: Paul Carr, Otto Miller
III APPROVAL OF MINUTES
IV
Jerry Cornell moved to approve the minutes of the October
12, 1988 meeting, with the correction on Page 6, noting
that Vance Bingham felt that the proposed location for
the Pence Bed & Breakfast was inappropriate. Larry Leonard
seconded the motion which passed 5-0 wi th Donna Davison-
Ness abstaining.
PUBLIC HEARINGS
The Planning Commission decided to hold the Shoreline
Management Permit application, SMA-88(9)9l, first.
SHORELINE MANAGEMENT HEARING SMA-88(9)91 PAUL
CRONAUER: Request for a permit to allow development
of property located within 200 feet of the shoreline.
Location: Francis Street.
Paul Carr reviewed the staff report recommending approval
of the proposed residential use, subject to the conditions
that the railroad grade be restored to its original 16-
foot elevation and the vegetation and erosion control
plan be implemented per the Cease and Desist Order. Louie
Torres, representing Paul Cronauer, concurred that res i-
dential use was permitted in this zone. There did not
appear to be any disagreement on the proposed street plan
which has been approved. There did not appear to be an
objection to grading lots for residential use in this
zone. He disagreed with the conditions of the staff and
submitted proposed alternate conditions and findings.
Mr. Torres proposed to increase the elevation of the old
railroad grade from the current elevation of approximately
20 feet established by the fill placed and compacted on
the grade by the applicant, to an approximate 36-foot
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PLANNING COMMISSION
October 26, 1988
Page -2-
elevation for a handicapped-accessible ramp. He felt
the staff condition to res tore the railroad grade to its
original elevation would cut off their proposed ramp and
violate the Shoreline Master Program and the Waterfront
Trail Plan. He also felt that s taff condition #2 was
not necessary, in particular the requirement of placing
topsoil to revegetate the site.
Dr. Madsen, a nearby resident, submitted pictures and
stated that the sod proposed by the applicant would not
hold the dirt in the fill area. He was concerned that
his house would slip as a result of the approximately
20,000 cubic yards of dirt that the applicant had already
moved on the property.
Jeff Davis, owner of the house of the west side of Francis
Street, was concerned about erosion and potential damage
to his house. He has already los t some parking spaces
as a result of the activity in the right~of~way. He re-
quested an engineer's report for the proposed development
of Francis Street to protect his property.
Louis Samples, 732 Caroline, stated that the shoreline
permit should not be issued and the City should purchase
the property.
Boyd Dickinson, 1328 O'Brien Road, supported the Cronauer
plan, noting that it would provide an access ramp for
handicapped people.
Mike Langley distributed a letter regarding the trail
between Port Angeles and Port Townsend. The group Mr.
Langley represents wants the railroad grade returned to,
and maintained at its original elevation. He suggested
building a retaining wall so that the trail could stay
at the original grade.
Sue Henning, 119 Forest, distributed a letter from Denise
Oakley which supported the applicant's proposal, noting
that the proposed access ramps would provide handicapped
wheelchair-bound patients with a route to the Waterfront
Trail.
Vance Bingham read a letter in support of the applicant's
proposal, signed by several people. He suggested lengthen-
ing the ramp and the approach grade from 8% to 4%, east
and west.
PLANNING COMMISSION
October 26, 1988
Page -3-
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Jerry Newlin of NTI, stated that all the engineering work
would be done according to proper standards. His firm
had evaluated the soil on the site, provided a compaction
plan, and tested the compaction afterwards. He also noted
that there was no soil brought in or taken out by the
applicant.
Tom Leinhart noted that with the proposed ramp there would
not be a flat trail and it would not be on the waterfront.
However, he has no concern with the 20-foot rise in eleva-
tion.
Louis Sample asked how deep the City would have to dig
to reach the existing sewer lines. Louie Torres noted
that there would probably be 20 feet to dig to reach the
sewer near the railroad grade. Mr. Torres also review-
ed the 1915 easement which enables the applicant to build
houses over the top of the sewer lines.
Tom Jensen stated that the applicant had created a disas-
ter in the area. There has been and will be an eros ion
problem as a result of the activities. He expressed con-
cern that you could not build on fill.
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Jewell VanOss expressed concern about raising the trail
20 feet above the es tablished grade. I t would not be
aesthetically pleasing and there could be problems with
holding the slopes.
Joe Melton, 1503 W. 7th, supported the project because
it allows and increases access.
Jeff Davis noted that there has been no engineering on
the stability of the banks and erosion is occurring.
Ann Madsen, 811 Caroline, noted that the area sluffs off
and the hillside is very fragile. She opposes the propos-
ed development.
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Paul Carr noted that the primary access for the Waterfront
Trail is from the City Pier, which is the trail head,
and not from Francis Street as Mr. Torres had indicated.
The trail is handicapped-acc~ssible from the City Pier
and does not need to be handicapped-accessible from all
access points. The applicant's proposed conditions, which
would raise the elevation of the Waterfront Trail 20 feet
further above the water, would make beach access at Francis
Street more difficult. Francis Street is a designated
beach access in the Waterfront Trail and is designated
in the Comprehensive Parks & Recreation Plan.
PLANNING COMMISSION
October 26, 1988
Page -4-
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In response to a question from Mr. Carr, Mr. Torres noted
that they were not going to pave the Francis Street im-
provements or the proposed ramp.
Dr. Dubigk stated that if the Commission approved the
permit it would set a precedent for filling on the other
51 miles of the Waterfront Trail. Carl Gay, attorney
representing the applicant, said it would not be a prece-
dent outside the City.
Chairman Wight closed the public hearing.
Following cornmen t s by the Commiss ion, Donna Davison-Ness
moved to recommend approval of the Shoreline Permit appli-
cation, subject to the staff conditions and citing the
staff findings. The motion died for lack of a second.
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Jerry Cornell moved to recommend approval of the Shoreline
Permit subject to the staff conditions except changing
the elevation from the original 16 feet to the currently
existing 20 feet, and to note in Condition "B" that the
professional engineer should specialize in geology. Larry
Leonard seconded the motion. Following further discussion,
the second and the maker of the motion withdrew the motion.
Following further discussion, Larry Leonard moved to re-
commend approval of the application, citing the applicant's
conditions and proposed findings as follows:
1) To provide for the implementation of the Waterfront
Trail plan in a manner more accessible to all users, the
proposed access ramps shall be cons tructed at a "wheel-
chair-ramp" grade of not greater that one (1) foot rise
per 12 feet or 8-1/2%, in accordance with the attached
revised plan.
2) The construction of access ramps and shoreline rip-
rap repairs shall not disrupt, damage, or negatively im-
pact the costs of maintenance or operations of the City's
sewer lines or industrial water lines located within the
area of the shoreline rip-rap or access ramps to the Water-
Front Trail.
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3) An easement shall be gran ted to the City for public
access and utility maintenance, operation, and repair
across all of the applicant's property lying north of
the southerly edge of the access ramps, and providing
that no building construction shall occur within that
easement.
PLANNING COMMISSION
October 26, 1988
Page -5-
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4) To assure the cleares t poss ible unders tanding by all
parties of interest to this substantial development permit,
the revisions to the grading plan (to accommodate the
revised access ramps) shall be added to the currently
proposed grading plan to include all areas of proposed
grading. That plan shall also include both construction
phase and final drainage and storm water control provi-
sions and shall be subject to review and approval by the
City engineer.
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5) The applicant shall seed with standard highway mix,
all exposed soils (except roadbed and pathway areas which
shall be graveled) within the project area following com-
pletion of site grading for the purpose of erosion control
and enhanced visual effect (construction phase drainage
and storm water control to prevent erosion shall be in-
cluded in that plan noted in "4" above). Seeding shall
be accomplished during a season when reasonable germina-
tion can be expected as soon as possible following grading.
Areas of failed germination shall be re-seeded until suc-
cessful, including the use of imported top soil if neces-
sary to accomplish successful plant growth. If grading
of the access ramps is conducted during a season when
seed germination success is limited, the northerly slope
of the access ramps shall be covered with sod, said sod
being staked in place until firmly rooted.
6) Issuance of the substantial development permit shall
be subj ect to receipt of the signature of the applicant
upon a copy of the permit with attached conditions acknow-
ledging the applicant's responsibility to carry out and
accomplish all provisions of that permit including the
stated conditions.
Findings of fact:
A) The proposed development activities are consistent
with the Purpose of the Urban Environment of the Shoreline
Master Program.
B) The provision of trailways and/or access ramps in
a manner consistant with the Waterfront Trail Plan is
also necessary for compliance with the Shoreline Master
Program, in particular Sections C.2, 0.2, D.4a, F.6.h,
F. 7 . c, F .16. a, and F. 16 . d
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C) The public access and utility easement is necessary
to enable the City to maintain and protect its investment
in utilities in the shoreline area in a manner consistent
with the public health, safety, and welfare, and the local
Shoreline Master Program.
PLANNING COMMISSION
October 26, 1988
Page -6-
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D) Provisions of the conditions assures a level of public
access usable by the greatest portion of the public includ-
ing walkers, and bikers, the handicapped and cardiac
patients.
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Jerry Cornell seconded the motion. Following further
discussion, Jerry Cornell made a friendly amendment, add-
ing Condition #7, "Temporary erosion control requirements
of the Cease & Desis t Order shall remain in place and
effect until such time as a plan is provided and the other
conditions are approved and implemented". Following fur-
ther discussion, another friendly amendment was made add-
ing Condition #8 changing staff condition "B" as follows:
"Pursuant to this permit, and in furtherance of the Cease
and Desist Order, the applicant shall submit a reclamation
site plan to the Planning Department which includes the
boundaries of the subj ec t developmen t . This plan will
include erosion control, revegetation and site stabiliza-
tion, including steps outlined to ensure a successful
revegetation project to reduce erosion from exposed cut
slopes and reduce the visual impact of the exposed shore-
line. Responsibility for the reclamation site plan should
be notarized, signed by the applicant and a licensed pro-
fessional engineer specializing in geology".
Following further discussion, the motion passed 4-2 with
Donna Davison-Ness and Dick Wight voting "NO" .
Donna Davison-Ness stated her reasons for the opposition
was that she favored restoring the site to the original
grade of 16 feet and implementation of the staff condi-
tions and findings cited in the staff report. She stated
she could not believe the Commission would adopt the re-
commendations of private business out for private gain
and not reflect the advice of the City staff that works
for and in the public interest. It appears that the pub-
lic access has become a hostage to private gain and a
way to get approval for work done wi thou t permits. The
Commission I s actions make the destruction of the natural
environment legal.
Dick Wight voted no because there were too many unanswer-
ed que~ti6ns with respect to the Francis Street access
and denial was the best option.
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Donna Davison-Ness moved to recommend that the adult care
public hearing be set as the first item for the first meeting
in November. Bob Philpott seconded the motion which passed
unanimously.
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PLANNING COMMISSION
October 26, 1988
Page -7-
Larry Leonard moved to hear the public hearing on a pro-
posed street vacation following a 5-minute recess. Jerry
Cornell seconded the motion which tied 3-3 and therefore
failed. Chairman Wight then called for a 5-minute recess.
Following the recess, Larry Leonard moved to continue
the street vacation to the first meeting in November as
the #2 item, following the adult care facilities public
hearing because the applicant had no problem with a delay.
Donna Davison-Ness seconded the motion which passed unani-
mously.
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COMMUNICATIONS FROM THE PUBLIC
Louis Sample suggested the Council Chambers be outfitted
with a blackboard. The Planning Commission agreed.
VI STAFF REPORTS
VII
Paul Carr noted that he had talked with the Department
of Community Development and was arranging a short course
for the Planning Commission jointly with the Planning
Commission in Port Townsend. He also noted that Service
Master had submitted a conditional use permit application
as a result of the department correspondence.
REPORTS OF COMMISSIONERS
Bob Philpott moved to reschedule the long-range meeting
of the Planning Commission to the Tuesday before Thanks~
giving. Larry Leonard seconded the motion which passed
unanimously.
Donna Davison-Ness conunented on the public hearing and
the Commission process.
Bob Philpott commented on the same hearing. Mr. Philpott
moved to invite the City Council to the Planning Commis-
sion's second meeting in January. Larry Leonard seconded
the motion which passed unanimously.
Jerry Cornell commented on the previous public hearing.
Leonard cornmen ted on the same public hearing and
that the Public Works Department and Planning Depart-
were working on revisions to the Short Plat Ordinance
a group of developers and citizens.
Larry
noted
ment
with
Dick Wight submitted his draft adult care memo
Council. The Commission was going to read the
and comment at the next meeting.
to the
letter
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PLANNING COMMISSION
October 26, 1988
Page -8-
VIII ADJOURNMENT
The meeting adjourned at 11:45 P.M.
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Paul D. a , Secretary
Tape condition: fair
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CITY of 'PORT ANGELES
ATTENDANCE ROSTER
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T'iPE OF ~1EIITING
DATE OF t1EEI'ING
LOCATION
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