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HomeMy WebLinkAboutMinutes 01/11/1995 e. . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 January 11, 1995 7:00 p.m. I. CALL TO ORDER ll. ROLL CALL m. APPROV AL OF MINUTES: Meeting of December 14, 1994 IV. PUBLIC HEARINGS: 1. STREET VACATION PETITION - PETERSEN - STY 94(12)10. Portion of the 5/6 Alley: Petition to vacate a portion of the 5/6 alley located in the west seventy-five feet of Suburban Lot 34. 2. ZONING CODE AMENDMENT - ZCA 95(01)01 - LAND TITLE COMPANY. CSD. Community Shopping Districts. City-wide: Proposal to amend the Community Shopping District minimum yard requirements. 3. SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA 95(01)148 - DAISHOW A. Marine Drive: Request for a substantial development permit to allow the construction of a dust collection system the existing recycled paper mill site in the M-2, Heavy Industrial District. 4. STREET VACATION PETITION - STV 95(01)01 - DUNCAN. lip" Street: Request for vacation of one-half of the "P" Street right-of-way at the intersection of "p" and Eighteenth Streets. 5. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BIBLE CHURCH, 116 Ahlvers Road: Request for a conditional use permit to allow a school (K - 12) to be located in an existing church in the RS-7, Residential Single-Family District. (To be continued to 2/8/95,) PLANNING COMMISSION: Orville Campbell, Chair, Cindy Souders, Bob Winters, Bob Philpott, Bob King, Tim Gennan, and Linda Nutter. STAFF; Brad Collins, Director, Sue Roberds Office Specialist, and David Sawyer, Senior Planner. ;. . . . V. COMMUNICATIONS FROM mE PUBLIC VI. STAFF REPORTS: VD. REPORTS OF COMMISSION MEMBERS: vm. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning DepartmelU 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 January 11, 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Bob King, Bob Philpott, Cindy Souders, Linda Nutter, Bob Winters, and Tim German Staff Present: Brad Collins, Sue Roberds, David Sawyer, Bruce Becker, and Steve Hursch Public Present: John Keegan, Paul Dole, Dean Reed, Carol Brown, Mr. and Mrs. Dave Cebelak, and Carl Alexander APPRO V AL OF MINUTES Commissioner Philpott noted a correction to page 13 of the minutes to read "... the City should not be bribed ...", and a correction to the motion made on page number one in approval of the minutes to read" ... passed 5.6 - 0." Commissioner Philpott moved to approve the December 14, 1994, minutes as corrected. Commissioner Winters seconded the motion. Commissioner Souders noted a transcript of testimony given by Jack Glaubert at the December 10, 1994, which was placed on the dais prior to the meeting. Mr. Glaubert stated that he had provided the transcript in the hopes that it would be included as part of the minutes. Commissioner Nutter suggested the material be accepted separately as information submitted by Mr. Glaubert, but not as part of the official minutes. Tbe motion passed unanimously. Commissioner German asked Mr. Glaubert, 223 Hardwick Point Road, Sequim, Washington, to elaborate on why he had provided the transcript and asked for it to be considered as part of the minutes. Mr. Glaubert responded that he had provided testimony indicating actions are taken based on draft minutes that have not received final approval and those draft minutes are passed along to a further review body and officially acted upon. [In this case Mr. Glaubert was referring to his testimony regarding draft Growth Management Advisory Committee (GMAC) minutes which were passed on to the Planning Commission for action with regard to the Urban Services Ordinance.] The public is not getting fair input into the process by such action. STREET VACATION PETITION - PETERSEN - STY 94(12)10. Portion of the 5/6 Alley: Petition to vacate a portion of the 5/6 alley located in the west seventy-five feet of Suburban Lot 34. Mr. Collins indicated that Mr. Petersen submitted a letter dated January 10, 1995, in which he indicated he would not be able to attend the scheduled public hearing and asked Planning Commission January 11, 1995 Page 2 . that the matter be continued to the March 8, 1995, meeting. In reviewing the matter, staff became aware that the State statutes regarding street vacation procedures require that the petition be acted upon within sixty days from submittal. The applicant has been unable to attend the meetings as scheduled for this proposal, and the sixty day timeframe has passed. A new resolution will therefore need to be passed by the City Council resetting the hearing date and the Commission hearing will need to be reset as well, As a public hearing had been scheduled, Chair Campbell opened the public hearing. Dave Cebelak, 2027 West Sixth Street, an abutting property owner, opposed the street vacation. He expressed distress that the applicants have not been able to proceed with this process since submitting their petition as he and other neighbors would like to see the situation resolved. He explained that the applicants were given the right of use of the alley which separates the two pieces of property they own and were allowed to place two gates at the property lines which need to be opened and then relatched when driving through the alleyway at this location. It is a great inconvenience to neighbors. He provided testimony to indicate that the applicant waS informed by the City at the time of issuance of the Right-Of-Way Use Permit that should he (Mr. Cebelak) develop the adjoining property the gates would have to be removed to provide access. He would like continued use of the alley and removal of the gates at this time. . Chair Campbell closed the public hearing recognizing that this issue would be revisited when the notice requirements have once again been provided for a new hearing, and reminded Mr. Cebelak that the item would be on a future agenda when the appropriate notice has once again been placed. ZONING CODE AMENDMENT - ZCA 95(01)01 - LAND TITLE COMPANY. CSD. Community Shop-pine Districts. City-wide: Proposal to amend the Community Shopping District minimum yard requirements. Brad Collins reviewed the Department Report and responded to questions from Commissioner Philpott regarding the vision triangle proposed by staff to ensure public safety if the amendment is approved. Mr. Collins provided a visual display to demonstrate where vision triangles would be required and their dimensions. The staffs proposed language combines the logic of the Central Business District loading area provisions and the vision clearance triangle, which is also found in the Zoning Code. . John Keegan, 1501 Fourtb Avenue, Seattle, attorney for the applicants, Land Title Company and Safeway, stated that the proposed amendment will allow for maximum, safe, and efficient uses of property in the Community Shopping District, while maximizing use of those properties in areas which do not abut residential rones. Although the applicant's proposed amendment is not what staff is proposing, he supported staffs proposal. Staffs proposal is consistent with the intent and functional purpose of the applicant's proposal and provides safe vision clearance to avoid vehicle conflicts. However, he suggested that the driveway leg of the vision triangle be reduced to fifteen . . . Planning Commission January 11, 1995 Page 3 feet rather than twenty feet as the current setback is only fifteen feet. Paul Dole, 2027 West Tenth Street, an employee for Land Title Company supported the amendment as proposed by staff, but also suggested that the proposed twenty-foot leg of the vision triangle be reduced to fifteen feet. He thanked the Commission for its consideration and stated that the amendment would assist in the promotion of modernization of existing businesses and the retention of their economic and public contribution to Port Angeles. Mr. Collins provided further background for the rationale in proposing a twenty-foot driveway leg along a vision triangle, but noted that the CSD District is a less intensive commercial district than some commercial districts, and he agreed that a fifteen foot driveway leg would be appropriate in the CSD District. There being no further comment, Chair Campbell closed the public hearing. Following limited discussion, Commissioner Winters moved to recommend approval of the proposed Zoning Code Amendment as follows citing the fmdings and conclusions noted in the staff report: "No structure shall be built within 15 feet of an alley that abuts a residential zoning classification or of any property that has a residential zoning classification. Setbacks shall conform to the requirements of Ordinance No. 1635 for arterial streets. No other setbacks are required. exceot no loading structure Of dock with access onto an alley shall be built within 15 feet of the alley nor driveway access onto an alley allowed without a vision clearance triangle. The vision clearance triangle shall extend 10 feet along the alley and 15 feet along the edge of the driveway. measured from the point of intersection of each side of the driveway and the alley right-of-way line. II Findines: 1. The proposed amendment has been made by existing businesses to clarify code language which they believe imposes an unnecessary restriction on commercial developments abutting alleys in the CSD Zone. 2. The Comprehensive Plan has been feviewed with respect to the proposal, and Land Use Goals C, D, E and Policies E2 & E3; Transportation Goal B and Policies B.l1 & B.14; Utilities Policy D5; Economic Development Goal A and Policies AI, A3, A4 have been identified in particular. 3. The Community Shopping District (CSD) Zone represents those areas where businesses are serving the immediate needs of the surrounding residential zones and which provide a transition area from the most restrictive commercial zones to those of lesser restrictions. . . . Planning Commission January 11, 1995 Page 4 4. The CSD Zone allows a variety of commercial uses including offices~ supermarkets, restaurants~ service stations, and taverns. 5. A Determination of Non-Significance was issued for the proposal on December 23, 1994. Conclusions: A, The Zoning Code Amendment is in the public use and interest~ because it clarifies restrictions necessary for commercial development abutting an alley and/or residentially zoned property. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies as identified in the staff report by promoting retention and modernization of existing businesses and maintaining Port Angeles as a major economic center. C. The Zoning Code Amendment is consistent with the intent of Chapter 17.22 of the Port Angeles Municipal Code to provide a transition area from the most restrictive commercial zones to those of lesser restrictions while serving the immediate needs of the surrounding residential zones. Commissioner Philpott seconded the motion. Commissioner Souders suggested rewording the amendment to be more user friendly~ to read: "No loading structure or dock with access onto the alley shall be built within 15 feet of an. alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend 10 feet along the alley and 15 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the alley right-or-way line." The maker and second of the motion agreed and the motion passed unanimously. SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA 95(01)148 - DAISHOW A. Marine Drive: Request for a substantial development permit to allow the construction of a dust collection system the existing recycled paper mill site in the M-2, Heavy Industrial District. Chair Campbell withdrew from the meeting due to a potential conflict of interest. Vice Chair Winters assumed the Chair and called for a break at 8: 10 p,m. The meeting reconvened at 8:25 p.m. David Sawyer reviewed the Department Report, correcting the area of the dust collection building as being 25' x 30' (not 25' x 190') and 39' high. Vice Chair Winters opened the public hearing. Planning Commission January 11, 1995 Page 5 . Dean Reed, P.O. Box 271, Port Angeles, Daishowa America, further explained the project as primarily a health and welfare issue for the employees who work inside the recycle plant warehouse. The bales of paper coming into the warehouse are highly impacted and machinery used to break the bales apart results in a tremendous amount of dust. Equipment will be installed which will pull dust particulants from the air through a duct system which exits the building through a baghouse system with discharge into the atmosphere. He asked that the requirement to have a professional archaeologist on-site during the construction of the foundation be eliminated. To support that request he submitted a packet of information containing documentation that the site was previously disturbed during the construction of the recycle pulping facility and that the area which would support footings for new construction has been previously excavated to a depth from four feet to nine feet and filled with clean material from off-site during that construction. The current proposal will result in excavation which is limited to that required to place equipment foundations. Therefore, as there is nothing of an original nature in that site, to incur the expense of requiring an archaeologist to be on-site during the new foundation placement would be an unnecessary and excessive expense. . Carol Brown, 2851 Lower Elwha Road, Environmental Coordinator for the Lower Elwha S'Klallam Tribe, indicated that the Tribe does not wish to be difficult in this issue. It was her opinion that if the ground has indeed been disturbed as fully documented by the applicant and by the professional archaeologist who performed the original work, the Tribe would have no problem in eliminating the condition for this permit; however, she asked for the opportunity to confer with the Tribal Council at its meeting on January 17 for an official decision. She expressed the Tribe's appreciation for the thoroughness of the City in calling the situation to the Commission's attention, and also appreciates the conscientious efforts of Daishowa America as demonstrated in the past in paying attention to the Tribe's archaeological concerns. Brad Collins noted that if the Tribe officially concurs with the request given the information provided by Mr. Reed, the condition of the Mitigated Determination of Non- Significance (MONS) would be considered satisfied. There being no further comments, Vice Chair Winters closed the public hearing. Commissioner Philpott moved to recommend approval of the Substantial Development Permit as recommended by staff, with the deletion of staff's proposed Condition No.1, and the addition of one finding and one conclusion, suggested by Commissioner Souders, per testimony given as follows: Conditions: 1. Proper erosion and sediment control practices shall be used on the construction site and adjacent areas to prevent upland sediments from entering any marine waters. . . . . Planning Commission January 11, 1995 Page 6 2. Any unimproved areas disturbed or created by construction activities shall be revegetated . Findings: 1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial Development Permit on November 28, 1994. 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on December 13, 1994. 3. The City received one comment on the MDNS from the State Department of Ecology which is addressed in the conditions of approval. 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 construct a dust collection system for use by the existing recycled paper mill. 6. The facility is on the site previously occupied by a S'K.1allam Village, Because the project involves excavation of earth, an MDNS was issued which requires monitoring by a qualified archeologist. 7. The project has been previously excavated and filled with new material to a depth of at least four feet. The applicant stated that the project excavation would be not exceed approximately eighteen inches to support foundation footings. 8. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 9. The site is zoned M - 2 and designated Heavy Industrial in the Comprehensive Plan. Conclusions: A. As conditioned, the project is consistent with the City's Shoreline Master Plan's Urban Environment Policies C.4, D.7, and F.18 as well as the City's Comprehensive Plan Land Use Policy H, 13 and Conservation Policies B, 10 and 18. B. As conditioned, the project will not be detrimental to the shoreline. C. The project will improve air quality for employees of Daishowa America Mill plant. The question was caUed and passed unanimously. . . . Planning Commission January 11, 1995 Page 7 STREET V ACA TION PETITION - STY 95(01)01 - DUNCAN. liP" Street: Request for vacation of one-half of the "P" Street right-of-way at the intersection of "ptI and Eighteenth Streets. Mr. Collins informed the Commission that investigation of this petition indicated that the right-of-way being requested for vacation is not actually right-of-way but an easement dedicated as part of a short plat. The property noted as an easement was required in the event access in the area of the previously vacated "P" Street is needed at a future date. The applicant would have to follow a different procedure to eliminate that easement. Therefore, the application has been refunded. As there was no one present to speak to the issue, the Chair indicated that the public hearing is a moot issue. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BffiLE CHURCH. 116 Ahlvers Road: Request for a conditional use permit to allow a school (K - 12) to be located in an existing church in the RS-7, Residential Single-Family District. (fo be continued to 2/8/95.) Commissioner German withdrew from the meeting for this issue due to a conflict of interest. Chair Campbell opened the public hearing, and given the information from staff that the item should be continued due to the need to obtain additional information from the applicant regarding a traffic analysis, Commissioner Philpott moved to continue the item to the February 8, 1995, meeting. Commissioner King seconded the motion, which passed 6 - O. Commissioner German returned to the meeting room. COMMUNlCA TIONS FROM THE PUBLIC Mr. Sawyer noted a letter received on January 4, 1995, from the State Department of Community, Trade and Economic Development explaining how and what sanctions may be imposed on communities that have not completed development regulation review consistent with the Comprehensive Plan. Mr. Collins stated that rather than be sanctioned the City of Port Angeles may actually benefit in this case as it is one of the few that will have complied with the spirit and intent of the Growth Management Act and has adopted its Comprehensive Plan with review of the development regulations nearly complete. STAFF REPORTS Brad Collins noted that the City is currently reviewing a very large project being proposed within the interim urban growth area that brings into question a lot of the issues involved in growth management planning and demonstrates how growth management planning can serve the interests of the City. . ". -. Planning Commission January 11, 1995 Page 8 REPORTS OF COMMISSION MEMBERS Commissioner Philpott stated his concern that once again the southerly lane of First Street is becoming broken up again as it was not repaired properly by the State last year. With the busy season approaching, it doesn't project a good image for the City as those traveling the area are not aware it is the State's responsibility, nor is it an indication of good expense of State monies. ADJOURNMENT The meeting adjourned at 9:25 p.m. d21t~)~dL( Orville Campbell, Chair Brad Collins, Secretary PREPARED BY: S. Roberds .. PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: / .....