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HomeMy WebLinkAboutMinutes 11/20/1996 . . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. :f ~ORT AN: 4,O~Qk ~ , "'<~ tI lI' ~ u.. t,.... 'ry ~ .o!.ANN\~G AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 November 20, 1996 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: November 13,1996 IV. PRESENTATION FROM PERMIT PROCESSING TIME STANDARDS COMMITTEE V. PUBLIC HEARINGS: 1. CONUIIIO~AL USE PERMIT - CUP 96-15 - DeCHANTAIJJno.rtluU CamphelLAYenue.: Request for a conditional use permit for a church to be located on approximately 5 acres ofRS-9, Residential Single Family, zoned property . 2. AUR.O.YAL-O.E_-.SIORMWATER MANAGEMENT ORDINANCE AND ASS.OCIA TED REGULATIONS IN COMPLI.AN..CE3YITH THE ~U_GEI-ROJJ~D WATER QUALITY MANAGEMENT PLAN. (Continued from October 23, 1996.) VI. CONTINUED ITEM: 1. CONSIDERATION OF A CITY-WIDE TRANSPORTATION PLAN (Continued from October 23, 1996.) VII. COMMUNICATIONS FROM THE PUBLIC VIII. STAFF REPORTS IX. REPORTS OF COMMISSION MEMBERS PLANNING COMMISSION: Bob King. (Cbair). Tim Gennan (Vice), Cindy Souders, BobPhilpott, Linda Nutter, Dean Reed, Mary Craver, STAFF: Brad Collins, Director. Sue Roberds Office Specialist. David Sawyer. Senior Planner. . . . VIII. ADJOURNMENT 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 each) OT make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Briefrebuttal (5 minutes) faT 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 20,1996 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Bob Philpott, Bob King, Dean Reed, Mary Craver Members Excused: Cindy Souders, Tim German Staff Present: David Sawyer, Sue Roberds, Gary Kenworthy Public Present: Michael Szatlocky, Judy and Alain de Chantal, Rick Melvin, Bryce Lorentzen, Cheryl Baumann, Bill Rinehart APPROVAL OF MINUTES Commiss~oner Philpott noted that on page 4, fifth line from the top, the sentence should read "... concerns that $5,000,000 should nut be spent...", a typographical error on page 6, the first line is to read .....-ofw Eunice to Park Street" and an addition on page 2 by Commissioner Nutter to read "... exists on Lauridsen Boulevard east ofWhite~lLC..re.ek to accommodate a second crosstown route." Commissioner Nutter moved to approve the minutes as corrected. The motion was seconded by Commissioner Reed and passed 5 - O. PRESENTATION FROM PERMIT PROCESSING TIME STANDARDS COMMITTEE Cheryl Baumann, represented the City's Permit Processing Advisory Committee and explained the proposed Money Back Guarantee Program. She provided an overview of the committee's function and said that the purpose of the program is to provide assurance to permit applicants that the City's decisions on land use and building permit applications will be made within a reasonable amount of time. ]f the City cannot provide this service in a timely manner, the application fee will be refunded in full with the decision on the application still being made by the City. At this point the committee is requesting the Planning Commission for a recommendation to the City Council to formalize the Money Back Guarantee Program. A minority opinion of the committee is that the City of Port Angeles permit review process works very well and is not seen as cumbersome or too lengthy at present and the proposed program may not really be necessary particularly in light of economic conditions occurring in this area. Ms. Baumann answered Commissioner Nutter that a likely reason behind the proposed program is to assure the public that the more complicated policies ofrecently adopted State . . . Planning Commission Minutes - November 20, 1996 Page 2 legislation will not result in delays in permit processing and is a good public relations tool. It should be seen as a good faith effort on the City's part. Bill Rinehart, who also represented the committee, answered Commissioner Nutter that the time frames in the proposed money back guarantee program are very conservative and should not result in an unusual or unnecessary crunch on staff. The City processes permits expediently at present and this program will not change that but is seen as an additional good faith program, a type of "put your money where your mouth is" approach. Following brief discussion, Commissioner Reed moved to recommend that the City Council formalize the proposed money back guarantee program as proposed by the committee. The motion was seconded by Commissioner Nutter and passed 5 - O. Chair King thanked Ms. Baumann and Mr. Rinehart for the presentation and the Committee for its efforts. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - Cllti6-15 - DeCHANTAL~J:tluli Campbell Avenue.:. Request for a conditional use permit for a church to be located on approximately 5 acres ofRS-9, Residential Single Family, zoned property . Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the conditional use permit with conditions. He answered questions from the Commission regarding geological hazards on the property and proposed church parking and site access. Chair King opened the public hearing. Alain de Chantal, 726 Lake Farm Road, stated that he had read and agreed with the staff's recommendation. Although the church site is proposed to be approximately five acres in size the total ownership is fourteen acres. Therefore, additional acreage for setback purposes or parking/access use would not be a problem. There are no plans for a school or a kindergarten on site. The present church school site is in Sequim. Membership in the church, Seventh Day Adventist, is around eighty members. The proposal for a 300-person membership is therefore ambitious. Mr. de Chantal indicated that he is in the process of purchasing an additional adjacent property (Lebius) to the east and so a setback from that property would not be necessary. Planner Sawyer noted that as the subject site is made up of several properties it will be necessary to define the boundaries of the site in an appropriate manner prior to any building permit being issued. Commissioner Nutter noted that no concerns have been expressed by members of the public or neighbors even though the roads in the area are in poor condition. There being no further comments or testimony, Chair King closed the public hearing. . . . Planning Commission Minutes - November 20, 1996 Page 3 Following brief discussion, Commissioner Philpott moved to approve the conditional use permit as proposed with the following conditions and supported by the following findings and conclusions: Conditions.: 1. The applicant shall submit to staff a detailed, fully dimensioned site plan that shows: I) the location of the existing steep slope as defined by the City's Environmentally Sensitive Areas Protection Ordinance and any setbacks from said slope recommended as necessary to provide adequate protection of any structures on the site; 2) the relocation of the "potential multi-purpose building" outside of the site's required setbacks; and 3) at least 50 on-site parking spaces in accordance with the City's Off-Street Parking Ordinance. 2. No structures on the site shall exceed 30 feet in height. 3. An Environmentally Sensitive Area approval is required in accordance with the City's Environmentally Sensitive Areas Protection Ordinance. 4. The applicant shall comply with requirements Nos. 4 and 5 of the City Engineer's memorandum dated October 10, 1996, identified as Attachment "C" to the Planning Department Staff Report for CUP 96-15 dated November 20, 1996. 5. A Clearing and Grading permit shall be required for the site. 6. The development shall meet the City's stormwater requirements to ensure proper protection of adjacent properties and nearby White's Creek and its associated ravine. 7. This approval is subject to completion of the site's annexation to the City of Port Angeles. Findings.:. Based on the information provided in the Planning Department Staff Report for CUP 96-15 dated November 20, 1996 including all of its attachments, comments and information presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Alain L. de Chantel submitted the subject application to the City on September 6, 1996, additional information was requested on October 3, 1996 and a Determination of Completeness was published on October 11, 1996. The associated public comment period ended on October 26, 1996, with no comments received during that period. 2. The application is to construct and operate a 300 seat, 15,000 s.f. church facility including a fellowship hall. Services will be held on Saturdays with occasional meetings on Wednesday evenings. . . . Planning Commission Minutes - November 20. J 996 Page 4 3. A Determination of Non-Significance (#701) was issued for the area's annexation (which included a review of the proposed CUP) on October 15,1996, and there was no appeal submitted during the appeal period which ended November 2, 1996. An Adoption ofan Existing Document (DNS #701) was issued on November IS, 1996. 4. The site contains a steep slope geological hazard area as defined and regulated by the City's Environmentally Sensitive Areas Protection Ordinance. 5. The site is currently undeveloped and is (minus a one-half acre area in what would be the southwest comer of the site) roughly 389' by 577' (4.7 acres) in size. The site will access from Wabash Street due to the topography of the site adjacent to Campbell Avenue. 6. Upon completion of the area's armexation, the Comprehensive Plan's Land Use Map will identify the site as Low-Density Residential. 7. The City's Comprehensive Plan has been reviewed with regard to the proposed application. 8. Upon completion of the area's annexation, the site will be zoned RS-9, Residential Single Family. 9. A church is a conditionally permitted use in the RS-9 zone. 10. Section 17.96.070 of the Port Angeles Municipal Code states, "All Conditional Use Permits or Unclassified Use Permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permit(s) has not taken place in accordance with the provisions in granting such requests." II. A conditional use permit may be appealed to the City Council in accordance with Section 17.96.070 of the Port Angeles Municipal Code within 14 days following the date of decision. Conclusion.s.: Based on the information provided in the Planning Department Staff Report for CUP 96-15 dated November 20, 1996, 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. As conditioned, the proposed conditional use permit is consistent with the City's Comprehensive Plan Land Use Policies A2 and CI, Transportation Policy B16, and Conservation Policies B14 and 15. B. As conditioned, the proposed conditional use permit meets the design requirements ofthe City's Zoning Code. Planning Commission Minutes - November 20, /996 Page 5 . C. As conditioned, the proposed conditional use permit is in the public use and interest. Commissioner Reed seconded the motion, which passed 5 - O. Planner Sawyer stated that the Planning Commission's decision could be appealed to the City Council for fourteen days following the decision. The Commission took a break from 8:00 p.m. until 8:10 p.m. APPROVAL OF STORMWATER MANAGEMENT ORDINANCE AND ASSOCIATED REGULATIONS IN COMPLIANCE WITH THE PUGET SOUND WATER QUALITY MANAGEMENT PLAN. (Continued from October 23, 1996.) Planner Sawyer stated that due to poor weather conditions a representative of the State Department of Ecology would not be making a presentation as expected. Staff suggested that the Planning Commission forward a recommendation to the City Council to adopt the Stormwater Management Plan as a policy document and to adopt a Stormwater Management Ordinance which would incorporate by reference the Department of Eco 10 gy 's Stormwater Management Manual. It is recommended that adoption of the manual include the establishment of a moderate sized parcel permit with implementation of the manual requirements during the summer of 1997 and that enforcement be as funding allows. . A moderate sized parcel concept is a result of the City's Stormwater Management Citizen Committee recommendation. The City of Port Townsend is using a small sized parcel permit, an "extended small sized parcel permit" a "moderate" or "medium sized parcel permit", and a large sized parcel permit. This is an attempt to deal with small commercial type projects that are beyond the 5,000 square foot impervious surface threshold limitation currently found in the ManuaL The use of the intermediate parcel size permits have been successful in Port Townsend. Although the State has not formally approved the process, it has not been formally denied either. The City's Utilities Advisory Committee (UAC) will be considering the moderate parcel proposal in the near future. Delay in implementation of the ordinance until the summer of 1997 will allow staff to explore the moderate parcel proposaL Enforcement of a stormwater ordinance per the State's requirements will be very expensive. Current funding does not allow the required enforcement at this time, and strict enforcement would probably require additional staff. Staff needs additional time to explore alternative funding sources. . Gary Kenworthy, City Engineer, reported that, although the City is two years past the expected adoption date for storm water regulations, DOE is sympathetic to the funding dilemma. The law states "funding as available". A possibility for additional funding might be an amendment to the City's Wastewater Ordinance for an increase of two or three dollars per household per month. Jefferson County has modified its wastewater ordinance as a source of funding for stormwater projects. He supported the proposed amendment to include an intermediate (moderate) level parcel proposal which allows for a common sense jump from a single family residential site to a large commercial super store site. Chair King opened the public hearing. Planning Commission Minutes - November 20, 1996 Page 6 . Mike Szatlocky, Polaris Engineering, 206 South Lincoln Street, Port Angeles, has been working with the City of Port Townsend doing stormwater master planning for the City, and as such is familiar with the moderate sized parcel recommendation. The State is attempting to control site water quality, to use source control methods for treating runoff prior to entrance into receding waters to prevent environmental degradation, to protect stream channels and wetlands, and to provide erosion and sediment control for new projects or reconstruction projects through the stormwater technical plan. He provided technical information to show that larger projects with more impervious and intense uses, commercial versus residential, have the greatest amount of runoff, pollution, and sediment transfer. The regulations attempt to control large stormwater producers but not overly restrict less intensive residential uses. The moderate parcel proposal is an attempt to find a middle ground that will provide guidelines for those developments that fall in the crack between intensive commercial and single family residential uses. There being no further testimony, Chair King closed the public hearing. Commissioner Reed noted that language in the manual appears to allow "double dipping" by charging large industrial users that already provide stormwater treatment for their own use, to additionally be charged for the City's stormwater facilities as well. The document should be amended to include exclusions in instances where approved individual stormwater treatment is provided. A stonnwater utility seems an appropriate course of action given the State's mandates for such control. . Commissioner Philpott opposed a stormwater utility to address funding issues required by a stormwater ordinance and regulations. In these difficult times with the Rayonier mill closure it appears that citizens are being asked to make up the short fall in taxes caused by the City"s lost revenues. David Sawyer and Gary Kenworthy pointed out as representatives of the City that it is not the City's intent to increase taxes to cover declining revenues caused by the Rayonier mill closure. Gary Kenworthy added that adoption of the stormwater manual does not mean new taxes. It is only a suggestion included in the stormwater consultant's report that a stormwater utility could be established as a method of funding required improvements and the function of such a utility. Other municipalities have established this type of an account to fund the State mandated work. It would be up to the City Council to decide on specific funding sources. He agreed with Commissioner Reed that a business that has its own NPDES permit and that doesn't generate a load to the City's stormwater system should not be charged for the function of the City's system. Dave Sawyer clarified that staffs recommendation to the Planning Commission does not include a decision on whether a stonnwater utility should be established. . Commissioner Nutter expressed support for the policies contained in the stormwater plan. Commissioner Philpott would like to explore other ways to fund a stormwater utility other than an additional tax. Commissioner Craver basically agreed with the need for a stonnwater plan and regulations but is not sure of the need to adopt an ordinance now. She was . . . Planning Commission Minutes - November 20. 1996 Page 7 concerned about how to fund the regulations. Commissioner Philpott moved to continue further discussion until the December 11, 1996, meeting when the two absent Commission members would be present. The motion was seconded by Commissioner Craver and following much discussion passed 3 - 2 with Commissioners Nutter and King voting against the motion for continuation of the item. Commissioner Nutter asked that the Commissioners give consideration to only the issue of the plan at the December II meeting and let the City Council deal with funding concerns. Planner Sawyer noted that it is staffs intent to continue to work with the State DOE to convince them of the City's efforts to adopt the required stormwater management regulations. The City could accept the stann water plan as a policy document while working further with the manual to include a moderate sized parcel permit along with any other changes desired, and follow with implemenetation of an ordinance during the summer of 1997. This would indicate to the State that we're trying to meet the intent of the statewide regulations. Amendents can be made from time to time as are necessary. Chair King asked the Commissioners to forward concerns and comments they have to staff no later than December 5, 1996, for discussion at the December 11, 1996, meeting. CQNTINUED_c..oNSlDERAIlQN OF A CITY- WIDE IRANSl~OR T A TIQN PLAN (co.nti.Imed--.fi.:o~O.c_tob..eL....23.,--'lnd Noxemher.1ll.2.2.6). Chair King opened discussion on the issue at hand: consideration of a recommendation regarding the adoption of a City-wide transportation plan. City Engineer Kenworthy explained the addendum submitted by staff (dated November 13, 1996) that outlines a phased secondary crossing of White's Creek at Lauridsen Boulevard. Commissioner Nutter requested that staff amend the document to include suggestions and corrections that were made part of the record by Kathe Smith at the November 13 meeting. Mr. Kenworthy said that he did not include the issues addressed by Ms. Smith in the latest addendum because he thought the City's Non Motorized Advisory Committee would be submitting a report that would incorpofate those amendments which would then be added as an amendment to the transportation plan at a later date. Commissioner Nutter asked that the text corrections and amendments proposed by Ms. Smith at the November 13 meeting be included as part of those minutes fOf reference. She stressed that wording be put into the document to ensure that Port Angeles is known as a bicycle friendly community. Commissioner Reed moved to adopt the proposed Transportation Services and Facilities Plan as proposed and amended including the Executive Summary (identified as received by the Port Angeles Planning Department on November 18, 1996), citing Planning Commission Minutes - November 20. 1996 Page 8 . the following findings and conclusions: Findings: Based on the information provided in the October 15, and November 13, 1996 Staff Reports for adoption of the Transportation Services and Facilities Plan (including the proposed plan and all 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 City's adopted Comprehensive Plan Capital Facilities Element contains the following policies: A3. The City shall develop individual comprehensive service and facility plans for the following utilities and/or services: * * * * streets, bikeways and pedestrian walkways, water system, sanitary sewer system, electrical system, parks and recreation services, and emergency services (police, fire, and medical response); * * '. A5. Comprehensive service and facility plans shall be consistent with the general level of service standards established in the Comprehensive Plan and shall establish detailed level of service standards which, at a minimum, meet all local, state and federal health and safety requirements. Each plan may also establish desired level of service standards and shall include an inventory of current facilities, measurements of current and future service capacities, the determination of future service and facility improvements necessary to serve the twenty year vision of the Comprehensive Plan Land Use Map, and a [mancial feasibility analysis. A6. The comprehensive service and facility plan for streets, bikeways, and pedestrian walkways shall also include specific actions and requirements for bringing into compliance any street facilities that fall below the required level of service, including demand management strategies which encourage reduced reliance on single occupant vehicle trips and encourage use of alternate modes of transportation such as the bicycles, walkways, and transit riding with incentive programs for and from local businesses. A7. The comprehensive service and facilities plan for streets, bikeways, and pedestrian walkways should include a future US 101 corridor to meet long- term local and regional transportation needs. . A8. Each comprehensive service and facility plan shall be consistent with the Comprehensive Plan, the County-Wide Planning Policy, and the State Growth Management Act. . . . Planning Commission Minutes - December 1 I, 1996 Page 9 Conclusions Based on the information provided in the Planning Department Staff Report entitled Stormwater Management Plan dated November 20, 1996 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. Storm water pollution is a problem associated with land utilization and development B. An expanding population and increased development ofland in the Port Angeles area has led to: · Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances such as insect and week control compounds; and · Drainage and storm/surface water runoff problems within the City. C. Continuation of inadequate stormwater management practices, to the extent that they exist, will increase water quality degradation, erosion, and property damage. D. In the future such problems will be reduced or avoided if property owners and developers, both private and public, provide for stormwater quality and quantity controls. E. Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs). F. Best management practices can be expected to perform as intended only when properly designed, constructed, and maintained. G. It would be a benefit to the community to establish a "moderate parcel" permit in addition to the "small parcel" and "large parcel" permits established by the Department of Ecology's Stormwater Management Manual as long as the "moderate parcel" permit results in protection substantially equivalent to that of the Manual's two sized permit system. H. The draft Port Angeles Storm water Management Plan and implementing ordinance has been prepared with the intent of complying with State requirements as noted in Finding NO.3. The motion was seconded by Commissioner Nutter and passed 5 - 1, with Commissioner Philpott voting in the negative due to his previously stated reason that such a plan will cost too many tax dollars to implement as proposed. Planning Commission Minutes - November 20. 1996 Page 10 . STAFF REPORTS . . None. REPORTS OF COMMISSIONERS None. ADOURNMENT The meeting adjourned at 9:50 p.m. u~~ Dave Sawyer, Actin Secretary PREPARED BY: S. Roberds ~1~ . . . .' ... ..;,,:".......: .' ., N". ..::1l:..-r.... :.....'''.:::,:.,:... ,.'. .. :-:;:~ H..~~~:?-;:~':;:/~\T:>:" ., '\~uSt - ~/ i ^ n U <...-- - IAA .P ~ A'<J....:...-~. CL . J. 0 R. \ 0~' If\~ ~ i I "J ...-} } 11 :0::1 Rv (OJ-;=:- ~ /l h, A::J '-:- --. 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