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HomeMy WebLinkAboutMinutes 01/07/1998 . . . HEARING DEVICES ARE A V AlLABLE FOR THOSE NEEDING ASSISTANCE. - PL.A NNlllG AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 January 7, 1998 7:00 p.m. SPECIAL :MEETING L CALL TO ORDER n. ROLL CALL m. APPROVAL OF MINUTES: Meeting of December 10, 1997 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 97- 14 - CITY OF PORT ANGELES - 640 Ediz Hook Rd. A proposal to place approximately 75' ofrip rap along the shoreline in the ill, Industrial Heavy zone to protect the shoreline area. (Continued from December 10, 1997.) 2. MUNICIPAL CODE AMENDMENT - MCA 97-03 - CITY OF PORT ANGELES - Environmentally Sensitive Area ffiSA): Amendment of the City's Environmentally Sensitive Areas (ESA) Ordinance, to further define what areas are classified as ESAs and how applications are processed. (Continued from December 10, 1997.) 3. PARKING VARIANCE - PKV 98-01 - SERENITY HOUSE. 2201 West 18th Street: Request to reduce the number of required parking spaces from 53 spaces to 49 spaces in association with a multi-family housing use in the RMD, Residential Medium Density zone. v. COMMUNICATIONS FROM THE PUBLIC PLANNING COMMISSION: Tim Gennan, ( Chair), Dcan Reed (Vice), Bob King. Cindy Souden, Unda Nuller, MJUy Craver, Fredric Hewins STAFF: Brad Colliml, Director, Sue Roberds Planning Specialist, DlI\id Sawyer, Senior Planner. . VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT HAPPYNEWYEAR III . 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. Infonnation 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 Chair 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 pcrtaining to previous testimony, Comments should be directed to the Board, not the City Staff representatives prescnt, unless dirceted to do so by the Chair. . . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 7, 1998 Special Meeting 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Fredric Hewins, Dean Reed, Bob King, Cindy Souders, Mary Craver, Tim German Member Absent: None Staff Present: Brad Collins, David Sawyer, Sue Roberds Public Present: Melinda Szatlocky APPROV AL OF MINUTES Noting a typographical correction, Commissioner Nutter moved to approve the December 10,1997, minutes as presented. The motion was seconded by Commissioner Hewins, and passed unanimously. PUBLIC HEARINGS: Chair GenTIan exercised the Chair's prerogative to reorder the agenda and called for item No. 3 to be heard first. Commissioners German and Souders then left the meeting room due to an Appearance of Faimess concern with item No.3. Commissioner Reed assumed the Chair. :eARKINGY..ARIANCE - PKV 98~Ol - SERENITY HOIISEJ2DJ_West 18.th.'st:red: Request to reduce the number of required parking spaces from 53 spaces to 49 spaces in association with a multi-family housing use in the RMD, Residential Medium Density zone. Senior Planner David Sawyer reviewed the Planning Department's staff report. Vice Chair Reed opened the public hearing. Melinda Szatlocky, 32 South Ridge Road, represented the agency and stated her agreement with staffs recommendation for approval of the request as the use characteristics of the Evergreen Family Village will not require parking in the same manner as a more standard multi-family development. She noted that the sixteen unit use has supported twenty-one families over the past year with a total of fifteen automobiles which supports the reduced number of parking spaces requested. In response to Commissioner Nutter, Mrs. Szatlocky responded that it is not anticipated future operation characteristics will change or increase the present minimal need for parking. The operation is restricted by two conditional use permits and is additionally regulated by BUD funding requirements for a fifty year period. Most of the families or persons served . . . Planning Commission Minules - January 7. /998 Pagel by the facility will either walk, ride the bus, or already be at the facility without the need for further transportation. A transit stop is located on the property. She thanked the Planning Commission and staff for their support of the project development. She indicated that construction of the day care/social service building will begin in a month's time. There being no further testimony, Vice Chair Reed closed the public hearing. Commissioner King moved to approve the required parking reduction as proposed from 53 to 49 spaces with the following condition, findings, and conclusions: .condition: The variance is approved for the current transitional housing use and 24-hour social service agency use as approved by Conditional Use Permit Nos. CUP 95-13 and CUP 97-16, respectively. findings: Based on the information provided in the January 7,1998, Staff Report for PKV 98-01, (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 and owner of the property is Serenity House. 2. The subject property is located at 2201 West 18th Street. 3. The applicant's request is to reduce the number of required parking spaces for transitional housing and social services complex in the RMD zone from 53 spaces to 49 spaces. 4. The housing portion of the complex was approved by Conditional Use Permit No. CUP 95-13, and has been in operation since January, 1997, with 32 improved spaces. A second Conditional Use Permit, No. CUP 97-16, was approved for the site permitting social service uses provided through an agency that also provides 24-hour residential facilities. 5. The property is designated as Medium Density Residential III the Cityts Comprehensive Plan. 6. The property is zoned Residential Medium Density (RMD). 7. The proposed use is a conditionally permitted use in the RMD zone. 8. The site is located on the north side of the 2200 block of West 18th Street. It is approximately two acres in size, flat, and is currently developed with the 16 residences in the housing portion ofthe site. . . . Planning Commission Minules - January 7. 1998 Page 3 9. Existing land uses adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: multi-family housing complex (under construction) industrial park uses church facility multi-family housing complex 10. The proposed variance is categorically exempt from State Environmental Protection Act threshold determination and environmental impact statement requirements. 11. The transitional housing use is currently in operation. 12. No agency reviewing the application identified any potential adverse impact to the public health, safety, and welfare attributable to the issuance of the variance. GOllClusions.:. Based on the information provided in the January 7, 1998 Staff Report for PKV 98-01, (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: 1. The proposed variance as conditioned, is consistent with the City's Comprehensive Plan, specifically Land Use Element Policy A2 and Transportation Element Policy B14. 2. The proposed variance as conditioned, meets the intent of the City's Off-Street Parking Ordinance. Specifically, it will not adversely impact the traffic flow on 18th Street or any near by properties. 3. The proposed reduction in the required number of off-street parking spaces should not impair the traffic flow of 18th Street due to the very low income nature of the project's residents and their reduced number of vehicles. The motion was seconded by Commissioner Nutter and passed 5 - 0 Commissioners German and Souders resumed their seats. SHORELlliE-RUBSTANTIAL.D.EY..ELOJ~MENT PERMIT - SMA 97.= L4 - CITY O~O.RT ANGELES-=-MO Ediz Hook Rd. A proposal to place approximately 75' ofrip rap along the shoreline in the IB, Industrial Heavy zone to protect the shoreline area. (Continued from December 10, 1997.) Senior Planner Sawyer noted the application was continued to this special meeting to allow the required notification period with regard to the State's environmental requirements to be met. The required time period has passed with no comment. No comment or appeal was received. Planning Commission Minutes - januaryl 7, /998 Page 4 . Chair German reopened the public hearing. There being no testimony, the Chair closed the hearing. Commissioner Reed moved to approve the shoreline permit with the following conditions, findings, and conclusions: Conditions: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction ofthe Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on- site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations ofthe City's Shoreline Master Program specifically those of Chapters 4,5,6, and 7. . 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance and compliance with an approved Hydraulic Project Approval issued by the Washington Department ofFish and Wildlife. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. Endings: Based on the information provided in the December 10, 1997, Staff Report for SMA 97-14 (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, Public Works Department applied for a Shoreline Conditional Use Pennit on August 27, 1997, and the application was determined complete on October 10, 1997). . 2. A Determination of Non-Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on December 10, 1997, and is attached to the December 10, 1997 Staff Report for SMA 97-14. 3. The application and hearing process was advertised in accordance with the legal . . . Planning Commission Minutes - January 7. 1998 Page 5 requirements ofthe City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance, and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Commercial in the City's Comprehensive Plan, Commercial Arterial in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates shoreline modification activities are permitted uses in the U-H designation. 7. The City's public boat launching facility is adjacent to the project. Conclusions.: Based on the information provided in the December 10,1997, Staff Report for SMA 97-14 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 following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Utilities and Public Services Element Policy A-I and Conservation Element Policy B-9, the City's Commercial Arterial zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, J-2, and N-1, Chapter 7, Policies B-4, and F- 1 and 3 and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, Utilities and Public Services Element Policy A-I and Conservation Element Policy B-9, the City's Commercial Arterial zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, J-2, and N-l, Chapter 7, Policies B-4, and F-1 and 3 and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will enhance the public health and safety. E. As conditioned, the proposed project will enhance the public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner King, and passed unanimously. . . . Planning Commission Minutes - January 7. J 998 Page 6 MUNLCIP A I" COD.E..A.MEND..MENT - MCA.9J-=-O~CITY O~01IT AN.GELES-=...Enyjronmentally_SensitiY.ekea_(ESA): Amendment of the City's Environmentally Sensitive Areas (ESA) Ordinance, to further define what areas are classified as ESAs and how applications are processed. (Continued from December 10,1997.) Planning Director Collins noted that this issue is continued from December 10, 1997, at which time the public hearing was closed. He reiterated that the current draft was extensively reviewed by an ad hoc committee prior to submittal to the Commission and reminded the Commissioners that staff was requested to provide a definition for the term "functions and values" at the December 10 meeting. Although staff contacted the State Department of Ecology for assistance in that definition, a response was not received from DOE. Staff provided a definition for the Commission's consideration. The Commission undertook extensive discussion of the ordinance application and the proposed amendments. Mr. Collins responded to Commissioner Craver that a conscious effort was made by the ad hoc committee and staff to eliminate the current connection with adjoining properties and to restrict application ofthe City's Environmentally Sensitive Areas (ESA) Ordinance to the property that is affected. In response to her concern that no financial liitation is set for remediation projects, he explained that federal law requires a nexus to the project with a monetary figure usually having been negotiated depending on the project's effects. The Commission discussed in detail staffs definition ofthe term "functions and values" and continue review of terms contained in the ordinance to determine its scope and where it would be applicable. Mr. Collins suggested including the detail that is contained in the City's Wetland Ordinance to describe what a sensitive areas tract is and how it is to be defined, protected, and maintained. Although the requirement to provide that information is stated in the ESA, how to provide the information is not. It was determined, following review of the Wetlands Ordinance instructions for sensitive areas tracts, to include that detailed wording in Section 15.24.090 ofthe revised ordinance. The Commission took a break at 8:30 p.m. and reconvened at 8:40 p.m. Commissioner Souders moved to recommend that the City Council approve the amendments to Ordinance No. 2656 and Chapter 15 P AMC as proposed by the ad hoc committee including the current changes requested by the Planning Commission. The motion was seconded by Commissioner Nutter and passed unanimously. Commissioner Craver wished to commend members ofthe ad hoc advisory committee and staff for their review of the cumbersome ordinance in an attempt to provide a worthwhile working document that is more definitive. Planning Commission Minlltes - Jalll/ary 7, J 998 Page 7 . COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS Commissioner German asked staff to prepare a proposal that would make shoreline substantial development (SMA) permits administrative rather than considered by the Planning Commission. He noted that SMAs are regulated by the City's recently revised Shoreline Master Program such that the actions that are permitted are largely set in advance with only final approval required. It was determined that this information would be provided for the February 25~ 1998~ meeting. ADJOURNMENT The meeting adjourned at 9: 10p.m. . ab,s~ PREPARED BY: S. Roberds . . 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