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HomeMy WebLinkAboutMinutes 11/08/1995 HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. . I. IL m. . IV. 1. .. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 November 8, 1995 7:00 p.m. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: None PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - K-PLY. SMA 95(11 )152 . 439 Marine Drive: A request to replace an existing timber log slide with a mechanical steel rail and cable driven carriage system in the IH, Industrial Heavy zone. 2. CONDffiONAL USE PERMIT - CUP 95(11)16 - EPISCOPAL RETIREMENT HOMES OF WASHINGTON. 510 East Park Avenue: A proposal to allow the development of a 40-bed elderly care facility in the RS-7, Residential Single Family zone. (The applicant has requested that this hearing be continued to December 13, 1995.) 3. CONDmONAL USE PERMIT - CUP 95(11)17 - NICHOLAS. 1009 Georgiana Street: Request for a conditional use permit to allow a boarding house for the elderly in the CO, Commercial Office zone. 4. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - CITY OF PORT ANGELES - SMA 95(10)]53. Ediz Hook: A proposal for a shoreline substantial development permit to allow the removal of an underground storage tank in the IH, Industrial Heavy zone. PLANNING COMMISSION: lind.1 NUtler,Chair, Tim GClllWl (Vice), Orville Campbell, Cindy Soudem, BobPhilpon, Bob King. STAFF: Brad Collins, DinlClor, Sue Roberds Office Spccialis~ and D3\id Sawyer. Senior Planner. . . . V. COMMUNICA TIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VOL ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 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 Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 8t 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Bob King, Cindy Souders, Linda Nutter, Bob Philpott, Tim German Commissioners Absent: One Vacancy Staff Present: David Sawyer, Sue Roberds, Ken Ridout, Mack Campbell Public Present: Bill Lindberg, George Stevens, David Mackey, Carl Alexander, Bob Kajafasz APPROVAL OF MINUTES No minutes were approved. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT ~ K-PLY. SMA 95(11)152 . 439 Marine Drive: A request to replace an existing timber log slide with a mechanical steel rail and cable driven carriage system in the IB, Industrial Heavy zone. Senior Planner David Sawyer reviewed the staff s report and provided an overhead display showing the location and proposed construction areas. Chair Nutter opened the public hearing. Dave Mackey, 418 S. Bean Road, representing K-Ply Mill, was available for questions. He responded that there will be no new excavation activity. Existing footings will be used in the conversion. There being no further questions, Chair Nutter closed the public hearing. Following brief discussion, Commissioner King moved to recommend the City Council approve the Shoreline Substantial Development Permit as proposed by the applicant with the following conditions: . . . Planning Commission Minutes - November 8. J 995 Page 2 Conditions: 1. The applicant shall retain a qualified archaeologist to be on site during any excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 2. The Lower Elwha S 'Klallam Tribal Council shall be notified prior to any excavation of soil. 3. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 4. The project shall comply with Chapter 4, Regulation D-5 and Chapter 6, Log Storage Regulations 5,6, 7, and 8 as well as all other pertinent policies and regulations of the City's Shoreline Master Program. 5. The proposed use shall meet all requirements of the Port Angeles Municipal Code including parking, fire, and building code requirements. 6. If the construction results in expansion of the existing log slide area, expansion to the east will require location and protection of the Valley Creek culvert outlet. 7. The project must comply with all requirements of the State Department of Ecology which include possible water quality standards modification, erosion control methods, and discharge containment and inspection. 8. The applicant shall meet all of the conditions required by the State Department ofFish and Wildlife including a Hydraulic Project Approval. For the protection of food fish and shellfish resources work below the ordinary high water mark in the Port Angeles Harbor is generally restricted fro March 15 through June 14 of any year. Projects are reviewed on a case by case basis. Findings: Based on the information provided in the staff report (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. The applicant, K-Ply, Inc., applied for a Shoreline Substantial Development Permit on September 21, 1995. (Staff Report Attachment A). 2. A Mitigated Determination of Non -Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on September 27, 1995. (Staff Report Attachment B). . . . Planning Commission Minules. November 8. J 995 Page 3 3. During the comment period for the MDNS, which ran until October 12, 1995, comment letters were received from the State Departments of Ecology and Fish and Wildlife. Following the comment period a 10 day appeal period ran until October 22, 1995, during which no appeals were received. (Staff Report Attachment B). 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The application is to replace an existing timber log slide with a mechanical steel rail system with a cable driven carriage system. 6. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 7. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. Conclusions: Based on the information provided in the staff report 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 project is consistent with the City's Comprehensive Plan Conservation Policy B- 19 and D-3, the City's IH Zone, and the City's Shoreline Master Program's Urban Harbor Management Policies 1, 5, 6, 10, and 12. B. The project will not be detrimental to the shoreline. Commissioner German seconded the motion, which passed 6-0. CONDITIONAL USE PERMIT - CUP 95(1)16 - EPISCOPAL RETIREMENT HOMES OF WASHINGTON. 510 East Park Avenue: A proposal to allow the development of a 40-bed elderly care facility in the RS-7, Residential Single Family zone. (The applicant has requested that this hearing be continued to December 13, 1995.) Senior Planner Sawyer noted for the record that the applicant has requested that the permit hearing be continued to December 13, 1995, as the site plan for the project has not been finalized. . . . Planning Commission Minu/es ~ November 8. 1995 Page 4 Chair Nutter opened the public hearing. Commissioner German moved to continue the item to the December 13, 1995, regular meeting. Commissioner Souders seconded the motion which passed 6-0. CONDITIONAL USE PERMIT - CUP 95(11)17 - NICHOLAS. 1009 Georgiana Street: Request for a conditional use permit to allow a boarding house for the elderly in the CO, Commercial Office zone. Senior Planner Sawyer reviewed the staffs report and explained the background for the permit and a request for interpretation by the Planning Commission on the use. Commissioner German responded to general questions from the Commission that it is his understanding that in order for a project to qualifY as an senior/elderly residential use, one partner in a couple must be at least 55 yeafs of age. Detailed discussion regarding the difference between state licensed elderly cafe facilities and boarding homes for the elderly followed which included outlining the different methods of dealing with the two uses found in the City's Zoning Code. Chair Nutter opened the public hearing for testimony. Bill Lindberg, Lindberg and Associates, 319 South Peabody, apologized for not having a specific site plan for reference at this time due to the uncertainty of conditions which may be imposed on the proposed use. The use will employ a live in manager and a van will be provided for transportation of the residents. Medical care will not be provided on-site. George Stevens, 1015 Georgiana, described other uses in the area and asked if parking will be required on-site for the proposed use. Other uses in the area would not appreciate accommodating excess parking from the proposed use. A boarding house could result in some undesirable type of activities occurring in the neighborhood. He had questions regarding the proposed design of the structure and was disappointed that no elevations were available for review by the neighbors. Carl Alexander, 213 West Twelfth Street, being the operator of an existing residential care facility in the City, spoke to the operation of an adult boarding/residential care use. It was his understanding that a residential care facility must be state licensed. Residents come and go independently in a boarding home use whereas residents in residential care facilities usually do not leave independently. In response to questions from Commissioners and the public, Mr. Sawyer answered that in conversation with a State Department of Health licensor, it was determined that the proposal would not fall into the State's boarding home category as the proposed facility does not provide any type of medical or physical care for the residents. Neither the City or the State require licensing for boarding home uses where residents do not require care. It was his understanding that the proposed use would basically be a dormitory type use where the residents are seniors. The applicant is proposing a reduction in the parking requirement as he contends that most residents will not be driving, or will not have two cars, but outside of an approved parking variance on-site parking is required at two spaces per room. . . . Planning Commission Minules . November 8. 1995 Page 5 Donna Huston, 1014 Georgiana, expressed concern over the possible impact to the available on-street parking in the neighborhood given other uses in the area including a park, hospital, and medical offices. There being no further testimony, Chair Nutter closed the public hearing. Commissioner Philpott recommended that more information including a specific site plan be submitted before a final decision on the matter is made. Commissioner German noted that the proposed use would result in a less intensive use than other uses allowed in the zone, including office uses, He suggested examining the parking requirements to address the needs of senior housing facilities. Commissioner Campbell questioned that given the similarities to other uses allowed in the underlying Commercial Office zone as permitted uses, whether the use would even need a conditional use permit. Planner Sawyer noted in response to testimony that if the use is considered to be permitted, the use would be encouraged to develop within the given development standards for the CO zone, including parking and landscaping, but no other conditions would be imposed. The City does not have design review criteria at this time. Following further discussion with staff, Commissioner Souders moved that the proposed use be considered as similar to that of a dormitory and therefore be considered as permitted in the Commercial Office zone. Commissioner King seconded the motion, which passed 6 M O. George Stevens, expressed his feeling that the concerns of the neighbors did not seem to matter. Bill Lindberg, responded that if he is responsible for the final project design he would welcome input and participation from the neighbors in the final design. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - CITY OF PORT ANGELES - SMA 95(10)153. Ediz Hook: A proposal for a shoreline substantial development permit to allow the removal of an underground storage tank in the IH, Industrial Heavy zone. Senior Planner Sawyer reviewed the staff's report. Chair Nutter opened the public hearing. Ken Ridout, Deputy Director Public Works Department, responded to questions regarding the need for the storage tank removal and the procedure for removal of underground tanks including a remediation plan if necessary. It is the City's policy to remove underground storage tanks when they are found rather than to fill them in place. The subject tank is . . . Planning Commission Minules - November 8. 1995 Page 6 located approximately 600' west of the U.S.c.G. station and it is not known what was in the tank. There being no public testimony, Chair Nutter closed the public hearing. Commissioner German moved to recommend approval of the substantial development permit with the following eight conditions, and citing the following findings and co n cI usions: Conditions: 1. The applicant shall retain a qualified archaeologist to be on site and monitor any excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 2. The Lower Elwha S'Klallam Tribal Council shall be notified when the excavation of the tank is to commence. 3. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 4. The tank shall be pumped and purged prior to its removal. 5. If evidence exists that the tank has leaked in the past and contaminated the soil and! or surrounding area, the contaminated areas shall be cleaned in accordance with state and federal regulations prior to any filling of the site. 6. The project shall comply with Chapter 4, Regulations C-4 and D-5 as well as all other pertinent policies and regulations of the City's Shoreline Master Program. 7. The proposed use shall meet all requirements of the Port Angeles Municipal Code including, fire, and building code requirements. 8. The applicant shall obtain an underground storage tank removal permit from the Port Angeles Fire Department and observe any conditions imposed on that permit. Findings: Based on the information provided in the staff report (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. The applicant, the City of Port Angeles applied for a Shoreline Substantial Development Permit on September 29, 1995 (Staff Report Attachment A). . . . Plar/nir/g Commission Minutes - November 8. 1995 Page 7 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEP A Responsible Official on October 25, 1995 (Staff Report Attachment B). 3. The City has received one comment from the Lower Elwha S'KlaIlam Tribal Council asking they be notified when work is to commence on the project. 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 6. The site is designated Open Space in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Plan. Conclusions: Based on the information provided in the staff report including all of it's 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 project is consistent with the City's Comprehensive Plan Conservation Policy B- 18 and D-3, the City's Industrial, Heavy Zone, and the City's Shoreline Master Program's Urban Harbor Management Policies I, 5,6, 10, and 12. B. The project will not be detrimental to the shoreline. Commissioner Campbell seconded the motion, which passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Commissioner Souders noted for the record her past concerns that to avoid conflict, the SEP A Responsible Official and the applicant should not be the same entity. Planning Office Specialist Sue Roberds asked in Planning Director Collins' absence, whether the Commission would prefer that shoreline substantial development permits be processed by an administrative hearing officer, or continue with the public hearing process before the Commission. She outlined the process allowed by State law in the event a hearing officer is . . . Planning Commission Minules - November 8. J 995 Page 8 preferred. The Commission responded to a member that it is not an undue burden and they wish to continue to hear shoreline permits. Commissioner Philpott moved to review alternate methods of processing shoreline su bstantial development permits at the December 13, 1995, meeting, should the Planning Director have any questions. Commissioner King seconded the motion, which passed 6 - O. REPORT OF COMMISSION MEMBERS Commissioner Campbell regretted that he would not be in attendance at the final monthly meeting during which he would be a Commissioner as he will miss the December 13, 1995 meeting. Mr. Campbell stated that he is indebted to the members of the Commission and staff for the education in land use planning. He thanked staff for its assistance and looked forward to serving the City of Port Angeles as a new City Councilmember, ADJOURNMENT The meeting adjourned at 9:30 p.m. David Sawyer, Acting ecretary 0i,tW ~ Linda Nutter, Chair { PREPARED BY: S. Roberds . . PLEASE SIGN IN CITY OF PORT ANGELFS Planning Commission Attendance Roster --- Meeting Date: .1. /A/,. /2?1! 51