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HomeMy WebLinkAboutMinutes 01/12/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 12, 2011 6:00 p.m. Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, David Miller, Mike Caudill Members Excused: Sissi Bruch Staff Present: Nathan West, Sue Roberds, Scott Johns, Heidi Greenwood Public Present: Duane and Bonnie Almaden, Kim Weimer, Darlene Schanfald, Tyler Ahlgren, Marilyn Harbaugh, Tina Corey, Richard Bonine, Kathryn Neal, Nancy Bell, Mike Puntenney, Diane Martin PLEDGE OF ALLEGIANCE Chair Matthews opened the meeting at 6 P.M. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Powers moved to approve the December 8, 2010, regular meeting minutes. The motion was seconded by Commissioner Reiss, and passed 6 0. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT SMA 10 -05 CITY OF PORT ANGELES Port Angeles waterfront between Oak Street to 1509 Columbia Street (City's Wastewater Treatment Plant): Construct a wastewater conveyance system separating sanitary sewer and stormwater to eliminate release of sewage into Port Angeles Harbor (This item is continued from December 8, 2010 Associate Planner Scott Johns reviewed the Department Report recommending approval of the Shoreline Substantial Development Conditional Use Permit and responded to a series of questions from Commissioners regarding the development. Chair Matthews qualified the Commissioners regarding Appearance of Fairness matters. All Commissioners responded for the record that they had no Appearance of Fairness or conflict of interest issues with regard to the pending application. The Chair then reviewed the quasi judicial public hearing procedures for audience members and opened the public hearing. Kathryn Neal, Engineering Manager for the City of Port Angeles Public Works and Utilities Department was present to respond to questions from the Commission. She noted that the construction project is slated to take approximately 22 months to complete, beginning hopefully in August, 2011 to June 2013 Planning Comm,ssmn Minutes January 12, 20/1 Page 2 Commissioner Powers expressed concern that the public's use of the Waterfront Trail would be interrupted during construction. Engineering Manager Neal noted that while there would be no disruption along the industrial waterline area, there would necessarily be disruption at each of the pit sites for short periods of time. Construction crews will take every precaution and use what means they have to avoid unnecessary disruption of the Trail with public safety being the main concern. Ms. Neal continued to respond to questions of the Commission by saying that the slip lining process takes approximately 100 days and that site work within the Rayonier Mill property will require Trail closure because the site is known to contain soil contaminants. Construction work will cause soil disruption and therefore it will be necessary to contain the site to avoid any potential exposure to the public. A recently approved sewer overflow (SSO) project, funded by the National Park Service, deals with sewer from the Lower Elwha area as a result of the dam removal project. The subject combined storm/sewer overflow (CSO) project deals with ongoing discharge that the City is addressing under the direction of the State Department of Ecology The project has been discussed at Council for many years and Council has chosen to address the matter through construction of a conveyance system that has gone through a rigorous engineering review and is the subject of this permit. The CSO addresses the storm/sewer overflow issue by increasing the capacity of the holding system and combining the pipe conveyance by using the 48" abandoned industrial waterline that is already in place as a conduit rather than laying new pipe. In response to a question from Commissioner Reiss, Engineer Neal said that approximately 30% of the City's stormwater will be handled by this system. Part of the project is to increase the holding capacity of the existing plant from 13M gallons to 20M gallons. The Rayonier outfall that will be used extends further into the Harbor than does the existing outfall and has been examined for contaminants. A sediment analysis is required by the Department of Ecology for use of the Rayonier outfall prior to and during use of the outfall. Darlene Schanfald, P.O. Box 2644, Sequim, WA disputed that all of the pipeline is not within the 200' shoreline jurisdiction, as has been stated by staff'. Ms. Shanfald distributed photos she received from the City's files indicating damage to the Waterfront Trail and shoreline area caused by severe storms. She stated that global warming will cause more damage to the waterfront and the pipeline is thus in a dangerous location being within the shoreline area. The City should be using low impact development techniques rather than relying on a piping system to handle storm/sewer overflow problems. Tyler Ahlgren, P.O. Box 2849, Port Angeles, WA stated that the construction approach to handling storm /sewer overflow is piecemeal planning. Total cost is not known. This is the largest project in the history of the City at a cost of $50M. The project is too open ended with too many unanswered questions. Mr Ahlgren was open to debate of the engineering issues. Engineering Manager Neal responded that the project has been directed by Council and overseen by the Department of Ecology The matter has been debated over a period of many years and the project has undergone extensive engineering for at least the past 3 5 years. Staff absolutely does understand what is being built and how to accomplish the intended result. She is aware that some members of the community are opposed to the direction the Council has chosen Planning Commission Minutes January 11, 2011 Page 3 to take in this matter, but while there are differences of opinion, the proposed activity is the approach that has been directed by Council. In response to Commissioner Reiss, Engineer Neal stated that the entire system is well protected and will withstand a great deal of earth disturbance without damage. She explained how the conveyance pipelines will be protected within the larger steel pipeline, and described the sophisticated method of welding that will be used to avoid breaks or disruption in flow in the event of earth shift. The HDPE pipe that will be used flexes, and will be butt welded to avoid joints. She closed by noting that main project elements include (1) increased conveyance capacity; (2) an increase in capacity of the treatment facility itself upland from the shoreline; (3) an additional 5M gallon storage tank; and (4) increase in the distance of the outfall from the shoreline than now exists. The Department of Ecology has gone on record as endorsing the proposed plan. Planner Johns commented that this construction is not meant to address the full scope of stormwater handling within the City, but is a main piece of the full scope and has been engineered for several years to make sure all issues are addressed logically and to the best engineering standard possible for the cost. Marilyn Harbaugh, 312 West Fifth Street said that it appeared a lot of thought and studies have been done with regard to the project and it seems like a lot of time has been spent analyzing the issues. It makes sense to treat the storm/sewer and not to have to construct new pipelines when existing pipelines will work. The proposal appears to be taking the next step forward. Nancy Bell, P.O. Box 1721, Port Angeles, WA thanked the Commission for its service and felt that the project represented smart engineering practice. It is wrong to discharge into the ocean. It is an excellent project but we should continue to look for ways to handle stormwater as a whole. There being no further testimony, Chair Matthews closed the public hearing. Commissioner Reiss stated that, while the City should continue to review and support low impact development standards that are sustainable and effective, the shoreline permit application is for consideration of the construction activity within the shoreline location as it relates to the City's regulatory guidelines. The issue is not whether a different procedure should be considered. The proposal may not be acceptable to all, but it is better than what currently exists, and moves the City into compliance with State mandates and Council directives. He therefore moved to approve the Shoreline Substantial Development Conditional Use Permit with the following conditions, citing the following findings and conclusions in support of that action: Conditions 1 The applicant is responsible for obtaining all necessary permits from local, state and federal agencies. Verification of permit issuance shall be supplied to the city prior to beginning any site alteration or construction. Planning Commission Minutes January l2, 20/1 Page 4 2. The Environmental Protection Agency, Department of Archaeology and Historic Preservation and the City shall prepare and implement a Section 106 Memorandum of Agreement (MOA) that sets forth a number of archaeological conditions stipulated for the project construction. The City must fulfill the conditions of the MOA in order to meet local, state, and federal laws and regulations pertaining to archaeological and historical site preservation. 3 Project proponents shall substantially implement the mitigation actions described in the "Conceptual Wetland and Stream Buffer Mitigation Plan" dated August 2010. Any deviation from the plan shall be detailed in writing and approved by Community and Economic Development staff prior to implementation of said changes to the plan. 4 Work will necessarily affect use of the Waterfront Trail at certain junctures. Work closures to Trail shall be kept to a minimum in order to minimize inconvenience to users, and accommodations to keep the Trail open to the public shall be incorporated into work plans. Work schedules shall be modified such that use of the Waterfront Trail for special events will not be significantly disrupted. 5 All disturbed and stockpiled soils shall be stabilized in such a manner that the soils will not be transported by wind or water erosion. Soil stabilization shall meet Department of Ecology guidelines /criteria for timing and best management practices. Findings Based on the information provided in the January 12, 2011, Staff Report for SMA 10 -05 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 An application for a shoreline permit was submitted by the City of Port Angeles, Public Works and Utilities Department, on October 27, 2010 for the construction of stormwater /sanitary sewer separation structures. The application indicates that the work will occur within public rights -of -way and on city owned properties along the Port Angeles Harbor, portions of which are adjacent to the Waterfront Trail. Portions of the project will occur on lands owned by Rayonier with an easements granted for the project. The project will begin at the intersection of Railroad Avenue and Oak Street in Downtown Port Angeles and extend east to the City's wastewater treatment plant located at 1509 Columbia Street. Restoration of the site conditions and revegetation of any disturbed areas will also occur Best management practices will be incorporated to address potential erosion and adverse impacts to air or water quality from the construction. 2. In accordance with the Shoreline Management Act Section WAC 173 -27 -170 and the local Shoreline Master Program, a conditional use may be granted if it can be demonstrated that all five of the specified criteria can be met, as well as consideration of the cumulative effects of the request. The criteria include assurances that: 1) applicable policies of RCW 90.58.020 and the local Master Program are maintained, 2) the use will not interfere with normal public use of public shorelines; 3) the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Shoreline Master Planning Commission Minutes January 12, 2011 Page 5 Program, 4) no adverse effects to the shoreline will result; and 5) that the public interest is maintained. 3 The project was designed with 2 primary goals. The first goal is to meet the State Department of Ecology mandate to reduce sewer overflow episodes to that mandated by DOE, and second to minimize adverse impacts to environmental and archaeological resources along the shoreline by utilizing an existing abandoned facility 4 The route chosen for the project piping was based on the existence of the available Industrial Water Line (IWL) thus requiring the least new construction. Use of the existing infrastructure allows the new pipes to be put in place with the least impact to the marine shoreline and does not require acquisition of additional properties along the route. 5 A Section 106 Cultural Resources Assessment prepared by the City Archaeologist recommended a finding of "Conditional No Adverse Effect" to significant historic resources. Conditions were included with the assessment and the Washington State Department of Archaeology and Historic Preservation, The Department of Ecology, and the Environmental Protection Agency are requiring a Section 106 Memorandum of Agreement specifying the stipulatory conditions agreed to meet the conditional finding of no adverse effect. Among these conditions are additional consultation efforts with concerned Native American tribes, implementation of an Inadvertent Discovery and Archaeological Monitoring Plan with participation of Lower Elwha Klallam cultural monitors, and an additional phase of pre construction archaeological sampling within the Area of Potential Effect. 6 The applicant submitted a Conceptual Wetland and Stream Buffer Mitigation Plan. The Plan indicates that the result of the project will meet or exceed the current environmental conditions on the site. 7 A Determination of Non Significance(DNS) and Adoption of Environmental Documents was issued by the City of Port Angeles SEPA Responsible Official for the proposal on December 6, 2010, and forwarded to all agencies with jurisdiction on December 6, 2010 No action was taken by the City within 14 days of forwarding the DNS to other agencies and no comments were received from any agency with jurisdiction within the period of time allowed for comments from agencies with jurisdiction per WAC 197- 11- 340(2)(a). 8. The City of Port Angeles Shoreline Master Program and Critical Areas Ordinances (Title 15 PAMC), and Zoning Ordinance (Title 17 PAMC), were reviewed with respect to this application. 9 The City's Comprehensive Plan was reviewed in its entirety with respect to this application. The following goals and policies were found to be most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2, J -2, and Utilities and Public Services Element Policies A -1, B -1, D -1 and 5, Conservation Element Policies B -2, 7 through 12, and 19; and the City's Shoreline Master Program's Urban Harbor, Aquatic Harbor, and Aquatic Conservancy designations and Chapter 3, Goals A, 10 and 11, D, 1, 3, 6, and 7, G, 1 and 2; Chapter 4, Policies A, 1, B, 1 and 2, C, 1 -4 and 6, D, 1, F, 1 and 2, H, 1 -3, J, 1 -3, L, 1 -6; Chapter 5, Policies 1, 4, 5, 8, and 10; and Chapter 6, Policies I, 1 -5, and all associated regulations. Planning Commission Minutes January 12, 2011 Page 6 10. A separate Environmentally Sensitive Areas review and Wetland Permit have been issued per Sections 15.20 and 15.24 PAMC relative to anticipated impacts to environmentally sensitive areas located outside of the shoreline jurisdiction that area component of the construction work. 11 The site is designated Commercial, Open Space, and Industrial on the City's Comprehensive Plan Land Use Map; are zoned Public Buildings and Parks, Central Business District, Industrial Heavy, and Commercial Arterial on the City's Zoning Map;, and Urban Harbor, Aquatic Harbor, and Aquatic Conservancy, in the City's Shoreline Master Program. 12. Chapters 5 and 6 of the City's Shoreline Master Program indicate that primary utilities located within the shoreline jurisdiction require approval of a shoreline substantial development conditional use permit. Shoreline substantial development conditional use permits are processed per WAC and require final approval by the State Department of Ecology 13 The City's waterfront trail runs east and west along much of the project length. Temporary disruptions and closures to use of the waterfront trail will occur during periods of construction. Conclusions Based on the information provided in the January 12, 2011, Staff Report for SMA 10 -05 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 proposed project as conditioned, is consistent with the City Comprehensive Plan, Zoning Ordinance, and Shoreline Master Program. B. As conditioned, the proposal meets the criteria specified for a conditional use permit under the City's Shoreline Master Program. C. As conditioned the project will implement and accomplish the goals established by the Department of Ecology for the elimination of combined stormwater /sewer overflows into the Port Angeles Harbor, and will not create long term impacts to the marine shoreline. D As conditioned, the proposed project will enhance the environmental conditions along the project corridor The motion was seconded by Commissioner Boyle, and passed 6 0. STREET VACATION PETITION ALMADEN STV 10 -03 Portion of the Lauridsen/Lopez Alley east of Albert Street: Request for vacation of unopened right -of -way Planning Manager Sue Roberds reviewed the Department Report recommending approval of the street vacation as proposed with an easement reserved for potential utility extension in the area. Chair Matthews opened the public hearing. Planning Commission Minutes January 12, 2011 Page 7 Duane Almaden, 2309 South Eunice, Port Angeles indicated that he has used the right -of -way as yard for 40 years but would like to ensure that it remains as such and so has applied for vacation of the alley abutting his residence. He described development in the area and is aware that the Housing Authority of the County of Clallam is designing a rebuild of property to the south of the site. Mr Almaden is aware of the proposed condition to retain an easement along the south property line. There being no further testimony, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Powers moved to recommend approval of the street vacation petition with the following condition, citing the following findings and conclusions in support of the recommendation: Condition. 1 Property owned by the petitioners and right -of -way acquired through the subject vacation shall be combined into one building site through the filing of a Zoning Lot Covenant during the vacation transaction. Findings: 1 A petition requesting vacation of that portion of the Lauridsen Boulevard/Lopez Avenue alley right -of -way between Eunice and Francis Streets abutting the south half of Lot 5 Broadway Addition and Lots 6 11, Broadway Addition, was submitted to the City of Port Angeles on July 12, 2010 The subject petition is signed by 100% of the abutting property owners. 2. The procedure for consideration of the vacation of rights -of -way is set forth in 35 79 RCW that requires the signatures of two thirds of abutting property owners to validate a petition for vacation of right -of -way State law provides for vacation only to abutting property owners. Abutting property is owned by petitioners Mr and Mrs Duane Almaden and the Housing Authority of the County of Clallam (HACC). 3 The right -of -way was originally platted in 1916 to provide secondary access to lots within the Broadway Addition subdivision. The subject right -of -way is 20 feet in width extending between Eunice and Francis Streets a distance of approximately 151 feet for a total area of approximately 3,020 square feet. 4 The alley right -of -way corridor is adjacent to property that is owned by the Almadens, the HACC, and a property to the east owned by Mr and Mrs. Thomas Meehan (not parties to this vacation action). Primary access to the Almaden property and HACC properties (north and south respectively of the right -of -way) is from Eunice Street with primary access to the Meehan property and additional access to the HACC property from Francis Street. 5 The Almaden property and Meehan property (north side of the right -of -way) are zoned RS -7 Residential Single Family and RFD Residential High Density, respectively; the HACC ownership (south side of the right -of -way) is zoned RMD Residential Medium Density 6. The Almadens have used the subject right -of -way as yard space for many years. Likewise, property owners to the east of the Almadens, the Meehans, have developed and Planning Commission Minutes January 12, 2011 Page 8 use the east portion of the alley right -of -way as access to their property, that is developed as an apartment structure, for many years. The HACC property to the south of the Meehan ownership can be accessed via the east end of the alley without the need to use the west (subject area) alley right -of -way The HACC has never used the subject portion of the right -of -way abutting their ownership at the west end of the alley, and by signature on the petition, indicate that they do not need the right -of -way for current or future use. 7 The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. Intended development of the area is Low Density Residential (LDR) and Medium Density Residential (MDR). 8. The Port Angeles City Council's Real Estate Committee met on October 4, 2010, and concluded with support for the vacation of right of way based on the unlikely need for the public to use the right -of -way and historic use of the alley by abutting property owners. Compensation was set at $6.50 per square foot, which is the current assessed rate of the adjacent properties. 9 The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 10 City departments including Fire, Public Works and Utilities, Building, and Comrnunity Economic Development, support the proposed vacation. The City's Public Works Utilities Department requests an easement along the south portion of the right -of -way for future utility purposes as the future need for the existing service pole in that location has not been determined. 12. The site was posted regarding the proposed land use action on December 21, 2010. Staff contacted Mr. and Mrs. Meehan to determine if they would like to enjoin the action. Although the Meehans were interested in vacation of the right -of -way abutting their ownership, the HACC was not in favor of such an action due to potential redevelopment of the HACC property south of the alley The Meehans preferred not to join in the petition request but had no objection to the current petition by the Almadens and the HACC for the opposite end of the alley No written public comment was received with regard to posting for impending land use action. 13 Pertinent issues analyzed in review of the petition are as follow Traffic Patterns Established traffic patterns in the area will not change. Primary access to properties in the area will continue to be from Eunice or Francis Streets. Development Patterns Reservation of an easement for access to the existing utility service pole will ensure a utility corridor to access the pole and extend service to properties in the area if such service is needed in the future. Environmentally Sensitive Areas (ESA) No environmentally sensitive areas exist on the site. The Peabody Creek ravine is located approximately 930 feet east of the location. Public Health, Safety and Welfare The right -of -way was platted to serve as secondary access to adjacent properties but has been used as yard space to the adjacent property owners, the Almadens, and has never been opened to the public since platting in 1916. Pla n ng Comnnss:an Ai mules January 12, 2011 Page 9 Properties in the area are served by other adjacent neighborhood streets. Established emergency access to properties in the area will not be affected by the vacation action. 14 Consolidation of the right -of -way with the abutting property following vacation can be accomplished by the filing of Zoning Lot Covenants such that no remnant or new lots will be created by the vacation action. 15 At its October 19, 2010, regular meeting, the Port Angeles City Council established a public hearing date by Resolution 21 -10 for action on the street vacation petition as December 7, 2010. On December 7, 2010, Council continued consideration of the petition to its February 1, 2011, regular meeting to enable the Planning Commission to review the matter and forward a recommendation on same to the Council. The reason for continuance was to enable staff to complete discussion with neighboring property owners, the Meehans, as to their desire to participate in the vacation action. 16. The Port Angeles Planning Commission held a public hearing on the proposed street vacation at a special meeting conducted on January 12, 2011 Conclusions: A. As conditioned, vacation action will allow abutting property owners to enlarge their site area to include the right -of -way that has been used for many years as yard space, thereby placing property not needed for public use back on the tax role which is then in the public interest. B. Site consolidation will ensure that no remnant or nonconforming lots are created. C. Vacation of the right -of -way will not alter or inhibit the ability to provide adequate emergency response to the area nor will vacation change established traffic patterns in the neighborhood and will therefore not pose a public safety issue. D As conditioned, vacation action will not preclude future utility service development to properties in the area. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. The motion was seconded by Commissioner Caudill and passed 6 0. CONDITIONAL USE PERMIT CUP 10 -05 CITY OF PORT ANGELES COMMUNITY GARDEN 328 East Fifth Street: Proposal to establish a community garden use in the Commercial Office (CO) zone. Planning Manager Roberds reviewed the Department Report recommending approval of the conditional use permit to establish a community garden use in the CO zone. She used a Power Point display to identify the site and its intended development pattern and noted a revision to proposed Condition #3 to reduce the number of on site parking spaces for the initial one year period, subject to review Chair Matthews opened the public hearing. Richard Bonine, City of' Port Angeles Recreation Division, was present for questions. Mr Bonine stated that the site will provide an area where garden space can be rented to individual users and where food can be grown to support the Food Bank as well as provide a park like area where the public can observe farming techniques and results. The activity will eliminate the existence of a unused City property and eliminate mowing during seasonal months. Planning Commission Minutes January 12, 2011 Page 10 In response to Commissioner Reiss, Mr Bonine answered that a management group will be established and plots will be reserved on a first come first served basis. There will be approximately 50 60 plots that may be leased for a growing season for a small fee that will cover mainly development costs, insurance, and utilities. The County charges range from $35 to $45 per year for a plot. In his experience, no more than 4 5 people will show up at once to maintain a plot so he didn't think parking would be a concern. The site will be fenced and he did not believe that more than $5,000 would be needed to create the final product. His budget will cover the anticipated development fees that will be paid back by lease payments. In answering several questions from Commissioners, Mr Bonine responded that the management group will not be City staff, but will be run by citizens. Staff will assist. Mr Bonine noted that, as this is a first in the City, a one year initial approval will be a good trial run and any concerns can be worked out if the use is extended. Diane Martin, 229 Lopez Avenue will help manage the garden. She assists in management of the pea patch garden in the Seattle area but lives in Port Angeles. Soil testing is very important and will be done before gardening will be in full swing. Kim Weimer, P.O. Box 2803, Port Angeles is a neighboring property owner and supports the use. He is not at all worried about the establishment of a community garden in the neighborhood or the zone. It is a good thing. There being no further testimony, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Caudill moved to approve the conditional use permit subject to the following conditions, and supported by the following findings and conclusions: Conditions: 1 The conditional use permit shall be issued for an initial one year period to the City of Port Angeles to oversee and manage the community garden. If continued operation is desired beyond January 12, 2012, an extension must be requested prior to expiration of the permit. 2. Site development shall be compatible with the adjacent residential and business environment and will not involve equipment or processes that introduce noise, smoke, dust, fumes, vibrations, odors, or other hazards in excess of those normally found in residential areas. As public owned property, the activity shall not be operated such that it results in a nuisance activity 3 The site shall contain 4 on -site parking spaces at the rear of the site. Each parking site shall be designed to be, at minimum 23' in length, a minimum distance for parking backing into an alley The parking area shall be graveled and signed identifying that it is provided for the community garden activity The management plan shall identify nearby locations for overflow parking. 4 A double check assembly must be installed on the existing water service. All water services shall be installed with proper permits and inspections. 5 A management group shall be established to oversee the activity and ensure maintenance of the site such that the operation does not detract from surrounding uses. The management plan shall include guidelines for the use of pesticides and fertilizers and shall be reviewed by City staff prior to commencement of the activity The management plan will indicate to users that they should park on site whenever practically possible due to constrained parking in the area. Findings: Planning Commission Minutes fanning 12, 2011 Page 11 1 An application for a conditional use permit was submitted by the City of Port Angeles to develop a temporary community garden use on undeveloped City property on October 28, 2010 The application was determined complete on October 30, 2010 2. The proposed site location is 328 East Fifth Street, and is legally described as Lots 3 and 4, Block 199, Townsite of Port Angeles. The property measures 100' x 140' being 14,000 square feet in area. The site is located in the City's Commercial Office (CO) zone (Section 17.20 PAMC) approximately one block west of the Peabody Creek ravine. 3 Section 17.20.160 of the Port Angeles Municipal Code (PAMC) identifies conditional uses that are permitted in the Commercial Office zone. Section 17.20 160 (P) PAMC provides that "Other uses compatible with the intent of this Chapter" can be considered by the Planning Commission. 4 17.20 010 PAMC defines the purpose of the CO zone as This is a commercial zone intended for those business, office, administrative or professional uses that do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial zones with direct access on an arterial street and design standards compatible with residential development." 5 Per 17.96 050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property 6. PAMC Section 17.96.070 requires that notice of conditional use permit applications be given per Section 17.96.140 PAMC with a public hearing scheduled before the Planning Commission. The Planning Commission's decision shall be final unless appealed to the City Council within 14 -days of approval by the Planning Commission. 7 The site was posted for notice of land use action with notice sent to surrounding property owners on November 18, 2010 Publication appeared in the Peninsula Daily News on November 29, 2010 The written public comment expired on December 6, 2010, without comment from the public or neighbors. 8. The Comprehensive Plan designates the site as Commercial and identifies the location as being located in the City's Central Planning Area. Development in the surrounding area includes a wide variety of uses including commercial and personal service uses, a church, government and business offices, and a mix of multiple and single family residential development. Planning Commission Minutes January 12, 2011 Page 12 9 The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Map Goal A, Policies 1 2 were found to be relevant to the proposal (See Attached for full text). 10. The site was originally developed in the early 1900's as a single family residence that fell into significant disrepair At the time the structure was demolished, there was no evidence of electric heat. It is assumed that there may have been an above or below ground heating oil tank. The property was purchased by the City of Port Angeles to be developed as additional off street parking with development of the Vern Burton Community Center but is at present undeveloped. The site is flat with an approximate 1 to 2% slope. 11 Application materials indicate that site development will include a small 64 square foot storage structure but no other permanent structures are planned for the activity Development of the site will include designation of 8' x 12' garden plots with separating walkways. The environmental checklist does not indicate that fill is anticipated. Soil may be augmented with organic amendments on an individual basis. Given the proximity to the Peabody Creek Ravine, it is likely that the site may attract wildlife in the area and may need fencing. 12. Application materials do not indicate or anticipate the number of users at any given time. It is anticipated that groups of people will work their plots depending on what is planted so it is difficult to determine a parking need. Although users of the site may arrive by public transit, which is available in the area, it is likely that many users will arrive by vehicle due to transport needs for equipment needed for the gardening activity Due to the nature of the activity, it is likely that daily visits by each plot user will not be needed. 13 Parking requirements are contained in Section 14 40 PAMC. Section 14 40 030 require that all land uses established shall provide permanent off street parking spaces for the use. The regulations further indicate that if a use activity is not specifically mentioned therein, the requirements for off street parking facilities shall be the same as the requirements for the most similar use that is listed as determined by the Director of the Department of Community and Economic Development. The closest use to a community garden activity listed in Section 14 40 is "Parks and Playgrounds" that requires a determination by the Planning Commission. 14 Approximately 2,300 square feet of the rear (south) portion of the site will be developed for off street parking. The 2,300 square foot area can provide a minimum of 11 off street parking stalls. The City's Urban Services Standards and Guidelines requires that the parking area be, at minimum, graveled. Given the undetermined permanent use of the site, a gravel surface is acceptable to the City's Public Works and Utilities Department. 15 Development of properties in the area from residential to office use has included off street parking, as is required by the City's Parking Ordinance. However, more intense use of some of the properties in the area than was anticipated has resulted in the need for joint use of available parking areas and a good deal of on street parking. Parking concerns have been reported periodically by residents in the area with regard to activities on abutting lots to the subject lot operated by First Step Child Development. 16. Public notice of the conditional use permit proposal was placed in the Peninsula Daily News on November 19, 2010, with notice mailed to surrounding property owners and the site posted on November 18, 2010 No written comments were received during the written public comment period that expired on December 6, 2010 Planning Commission Minutes January 12, 2011 Page 13 17 A Determination of NonSignificance was issued for the proposal on January 7, 2011, following the public comment and review period per WAC 197 -11 -355 This action satisfies the City's responsibility under the State Environmental Policy Act. 18. The Planning Commission conducted a public hearing on the proposal on January 12, 2011 Conclusions: A. The proposal is consistent with provisions of the Port Angeles Municipal Code, specifically with the expectations of development identified for the Commercial Office zone (Section 17.20 PAMC). B. As conditioned, off street parking shall be signed such that it is available for users of the site at all times such that it does not cause conflict with regular parking needs of other uses in the area. Anticipated site use will be supported by on site parking and will be signed such that it will remain available to users of the site. As planned, 11 off street parking spaces are available. Site activities and parking needs will be evaluated following a growing season if extension of the use is desired. C. Review of the activity at the end of one year is needed because of the unspecified nature of the use. D The conditional use permit was processed in accordance with Section 17.96.050 PAMC that provides standards for processing conditional use permit applications within the City of Port Angeles. E. It is not unusual to observe residential use in commercial areas and, as conditioned, the use will not impact public health, safety, or welfare, and will not result in a depreciation of neighboring property nor result in processes that introduce noise, smoke, dust, fumes, odors, or other hazards in excess of those normally found in residential areas to the very visible commercial /residential area. The motion was seconded by Commissioner Reiss and passed 6 0. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 10 -03 DEPARTMENT OF NATURAL RESOURCES: Proposal to remove remaining portions of a previous development, stabilize the Ediz Hook Road bed, recontour the shoreline, and stabilize the beach area. (This item is continued from December 8, 2010.) Associate Planner Scott Johns explained that they have been working with the applicant and members of the City's Engineering Division in this matter but have not as yet reached agreement on future maintenance of the area once the work is done. They asked that the matter be continued to the next meeting. Commissioner Miller moved to continue the meeting to the next regular meeting of the Commission. The motion was seconded by Commissioner Boyle and passed 6 0. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes January 12, 2011 Page 14 STAFF REPORTS Planner Johns noted that the Waterfront Transportation Improvement Plan (WTIP) is moving forward. A concept for the redevelopment of the Railroad Avenue area will be presented to the City Council for consideration on February 1 The entryway monument piece is currently on hold. He noted that the Valley Creek restoration project is moving forward as is the Shoreline Master Program. It is anticipated that draft Master Program chapters will be before the Commission for review in the spring. Davey Research group has been hired to prepare a Canopy Analysis Inventory for the City through a grant from the Department of Natural Resources. In responding to general questions from Commissioners, Mr Johns answered that the inventory of trees is only for publicly owned properties. There is currently no inventory of the condition of publicly owned trees, no analysis of the adequacy of the tree canopy, how much of the City is covered by trees, or how much of City park trees are healthy A canopy analysis should provide some of this information as a baseline. The inventory and subsequent recommendations do not include private properties. REPORTS OF COMMISSION MEMBERS Commissioner Reiss noted that, from a real estate perspective, things are looking better The cost of a site built home dropped in 2008 10 4%, in 2009 8 but only 4.8% in 2010 ADJOURNMENT The meeting adjourned at 8.30 P.M. PREPARED BY S. Roberds ue Roberds, ecretary John Matthews, hair