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HomeMy WebLinkAboutMinutes 01/24/2007 . FORr,ANGELES WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street January 24, 2007 6 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of December 13,2006 IV. PUBLIC HEARINGS: . 1. CONDITIONAL USE PERMIT - CUP 06-08 - DUVAL/RIVERS: 625 West 13th Street: Request to construct an accessory residential unit in the RS- 7 Residential Single Family zone. 2. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT - SMA 06-08 - HOPF. "P" Street north of Milwaukee Drive: A proposal to construct a stormwater collection/outfall system that involves drilling horizontally through a marine bluffto allow an outfall within the marine shoreline area. The site is located in the RS-l1 zone\ ' V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Chene Kldd (Chalf), Dave Johnson (VI~~ Chair), Kevm Snyder, John Matthews, Stanley Hams, Werner Beier, Doc ReiSS PLANNING STAFF Mark Madsen, Director, Sue Roberds, Planmng Manager, Nathan West, Pnnclpal Planner, Scott Johns, ASSOCiate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 24, 2007 6:00 p.m. ROLL CALL Members Present: Cherie Kidd, Kevin Snyder, John Matthews, Stanley Harris, Wemer Beier, Doc Reiss Members Absent: None Staff Present: Sue Roberds, Scott Johns, Mark Madsen, Bill Bloor Public Present: Ken Hopf, Dan Hopf, Gary Gleason, Larry Freedman, J. Young, Tyler Ahlgren, Don Schuba CALL TO ORDER Salute to the Flag APPROVAL OF MINUTES Commissioner Snyder moved to approve the December 13, 2006, minutes as presented. The motion was seconded by Commissioner Matthews and passed unanimously. PUBLIC HEARINGS: Chair Kidd indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge prior to providing testimony during public hearings. CONDITIONAL USE PERMIT - CUP 06-08 - DUV AL/RIVERS: 625 West 13th Street: Request to construct an accessory residential unit in the RS- 7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department's report recommending approval of the conditional with conditions. Chair Kidd opened the public hearing. Don Schuba, 625 West 13th Street, represented the applicants and had nothing to add to the Department report. He understood and stated agreement with the recommended conditions of approval. There being no further comment, Chair Kidd closed the public hearing. Commissioner Beier moved to approve the conditional use permit citing five conditions supported by the following findings and conclusions: . Conditions: . . 1. A separate electrical meter is required for the accessory dwelling unit. 2. Addressing for each dwelling unit shall be clearly identified as 827 and 827'i'2 West 6th Street. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. 3. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. 4. Driveway and site access shall be constructed to Public Works and Utilities Standards. 5. All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction ofthe Public Works and Utilities Department. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 06-08 dated January 10, 2007, including all information in the public record file, comments and testimony '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. Don Schuba submitted a C~nditiorial Use Permit application for an accessory residential unit on December 4, 2006, on behalf of David Rivers and Suzanne Duval. A revised site plan was submitted on December 10, 2006. 2. The proposed site is legally described as Lot 14 Block 101 of the Townsite of Port Angeles and is located at 827 W. 6th Street and is developed with a single family residence that is in poor condition and need of repair. 3. The site is zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area. 4. The Comprehensive Plan designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. The site is located in the City's North West Planning Area. The subject site is located on the north side of W. 6th Street west of "A" Street. 5. Development in the neighborhood includes predominately single family residential uses. Tumwater Creek exists approximately 1,000 feet to the east of the site. 6. The property owner's intent is to take occupancy of the accessory residential unit after its completion and to then replace the existing primary residence with a larger structure. Development of the ARU must be per residential standards of the RS- 7 zone for any residential structure. Per 17.96.050 P AMC, 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 which 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 7. ,- interest. In each application th~ Planning Commission may impose whatever restrictions or conditions are con~idered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Conditional uses shall be evaluated to determine -if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. The City's Comprehensive Plan was reviewed for consistency with the proposal. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. Site access must comply with Public Works and Utilities standards. Notification of the proposed action ,and conditional use permit application was placed in the Peninsula Daily News on December 17, 2006. Public notice was mailed to property owners within 300 feet of the subject property on December 14, 2006. The site was posted on December 14,2006. No comments were received as a result of the public notice period. ' A Determination of Non-Significance was issued for this proposed action on December 27, 2006. 12. The Planning Commission conducted a public hearing on the proposal at the January 10, 2007, regular meeting. , . 9. 10. . 11. . 8. Conclusions: Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 06-08 dated January 10, 2007, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: . , , . , 1. As conditioned, the proposal is cO:nsistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B.14. 2. The proposal is consistent with req]lirements for approval of a conditional use permit as specified in P AMC 17.96.050, and with the requirement of a conditional use permit for an accessory residential unit in the RS-7 zone per P AMC 17.1 0.040(A) 3. As conditioned, the proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). 4. 5. The use is in the public interest as it allows for a variety of housing opportunities. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. , ., '. . . . 6. Development of the ARU pre the development standards required in the RS-7 zone will allow the ARU to stand alone as a primary residence in the event the existing primary unit is demolished. The motion was seconded by Commissioner Snyder and passed unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT - SMA 06-08 - HOPF. "P" Street north of Milwaukee Drive: A proposal to construct a stormwater collection/outfall system that involves drilling horizontally through a marine bluff to allow an outfall within the marine shoreline area. The site is located in the RS-ll zone. Associate Planner Scott Johns reviewed the Department's report recommending approval of the shoreline substantial development conditional use permit with conditions and responded to detailed questions from cOIpmissioners regarding the construction process and location of the activity within the shoreline area. Mr. Johns responded to Commissioner Beier that the drilling activity will be contained . well within the bluff mass, and the angle of descent and construction method used will ensure the)east amount of disturbance to the established land mass and shoreline area. The applicant is working with the Washington State Department of Fish and Wildlife and is well aware of specific guidelines and restrictions with regard to the disbursal of stormwater into the marine environment. The method proposed is the preferred method and is being widely used in shoreline environments to eliminate erosion issues that would result if stormwater were allowed to free flow over the bluff. In response to continued questions, Mr. Johns further explained that a -discharge pipe will be pulled back through the drill hole immediately following the drill process. The drilling material will swell around the pipe ensuring a snug fit to ensure that no air holes are permitted that would allow for erosion around the pipe. Mr. Johns responded to Commissioner Harris that the stormwater collection and handling system will be dedicated to the City onc~ completed and will be available for use by other developments in the area. Mr. Hopf will receive' a pay back if and when other developers tie into the system. Chair Kidd opened the public hearing. Ken HopI, 708 Larrabee Avenue, Bellingham, WA continued to explain the honzontal drilling process and stated that it is the construction method regularly used by the U.S. Army Corps of Engineers in bluff areas. Mr. Hopf responded that the stormwater collection system is sized to deal with residential development within a 160 acre area. He noted that a geological assessment had been prepared affirming the bluff stability and that the study noted no distinct erosion within the past twenty-two year period. Planner Johns responded to a question by answering that the stilling basin feature of the collection system could be resized in the future if an increase in retention is needed due to unexpected stormwater needs. The facility,will be located within the City's right-of-way so will be under the City's control. Mr. Hopi closed by stating that the construction method is tried and true and is the method that will result in the least amount of disturbance to the shoreline and bluff area. Dan HopI, 84 Old Joe Road, stated that this is a good project and that the handling of stormwater as proposed is very creative. ,l~e stormwater system is quite expensive and will . . benefit the entire area in the long term. The controlled diffuser system will ensure very little if any erosion to the shoreline area. Mr. Hopfindicated that a 6' fence will be constructed around the stilling basin area. There being no further testimony, Chair Kidd closed the public hearing. Following continued discussion by Commissioners, Commissioner Snyder moved to recommend that the Department of Ecology approve the shoreline substantial development conditional use permit with the following conditions supported by the following findings and conclusions: Conditions 1. In the event archaeological artifacts, features or human remains are discovered during construction, the permittee will immediately notify the Lower Elwha Klallam Tribal Chair and specified Tribal staff by both letter and telephone, as well as the City. The City, in turn will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27.44 and 27.53. 2. The applicant shall obtain a Hydraulic Project Approval from the Washington State Department ofFish and Wildlife prior to beginning the proposed project. 3. The applicant shall obtain a right-of-way use permit from the City's Public Works and Utilities Department prior to starting work in the right-of-way. 4. Trees and native vegetation located in the "P" Street right-of-way shall be protected and maintained to the greatest degree possible during the construction process. Trees and other native vegetation existing in the shoreline jurisdiction of the "P" Street right-of-way that may be damaged or destroyed during the construction of the stormwater system shall be replaced immediately upon completion of the construction project. Findings . Based on the information provided in the January 24,2007, Staff Report for SMA 06-08 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 Ken Hopf on December 14, 2006, for the construction of a stormwater handling system with an outfall at the beach. The work will occur within the public right-of-way of "P" Street located at the top ofthe marine bluff. The project will begin approximately 150 feet landward of the shoreline at the top of the bluff. 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on January 22,2007. 3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance, and critical areas ordinances have been reviewed with respect to this application. All pertinent city and state permits must be obtained prior to commencement of work. . . . The site is designated Low Density Residential and Open Space in the City's Comprehensive Plan, Residential Single Family RS-ll in the City's Zoning Ordinance, and Urban-Shoreline Protection in the City's Shoreline Master Program. Development of properties located within 50' of a marine bluff require review under the City's Environmentally Sensitive Areas Ordinance. The ordinance requires a 50-foot buffer from the top and toe of a marine bluff. The project area will be at least 150 landward of the shoreline area at the base ofthe bluff. Use of a horizontal drill is planned to eliminate or mitigate the potentially adverse effects of digging into the bluff area. Chapter 5 of the City's Shoreline Master Program states that utilities are a conditional use in the U-SP designation. Final approval of a conditional use shoreline substantial development permit must be issued by the Department of Ecology. Public view access will remain available in the "P" Street right-of-way. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, Conservation Element Policies B- 1,2, 10, 11, 14, 15, and 17 and Policies D-1, 2, 6, and 10; the City's Shoreline Master Program's Urban-Shoreline Protection designation and Chapter 4, Policies B-1 and 2, C- 6, D-1, E-1 and 2, K-1, 2, 4, 6, and 7, N-1 and 2, and 0-1 and 2; Chapter 5, Policies D-1 and 5, and all associated regulations. A right-of-way use permit will be required for the construction ofthe infrastructure within the public right-of-way. The;; applicant intends to dedicate the facility to the City once completed. . , Conclusions 4. 5. 6. 7. 8. 9. Based on the information provided in the January 24,2007, Staff Report for SMA 06-08 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 project is consistent with the City Comprehensive Plan, Environmentally Sensitive Areas Ordinances, and Shoreline Master Program, and is not in conflict with the City's Zoning regulations. B. As conditioned the project will not be, detrimental to the shoreline or existing uses and will provide an innovative manner by which stormwater is delivered to the beach area with little disturbance to environmentally sensitive areas. C. As conditioned, the proposed project will not interfere with public use of lands or waters. D. Public notice was provided as required with no comment received during the written comment period. The motion was seconded by Commissioner Johnson and passed unanimously. COMMUNICATIONS FROM THE PUBLIC Clallam County Planning Commissioner Gary Gleason and Sequim Planning Commissioner Larry Freedman spoke regarding the fact that those commissions meet together . . . regularly to discuss issues of regional concern. Issues include water, traffic, zoning densities, and parks issues. They invited the City's Planning Commission to join in those group sessions. Joint meetings are held 4 to 5 months apart during the year with individual committees of the groups meeting more frequently, as much as once a month. Chair Kidd thanked the representatives for their invitation and hoped that the City would be joining in those efforts. City Manager Mark Madsen asked to address the Commission. He stated that, as City Manager, he appreciates the value of collaboration with other municipal staff and planning commissions. City staff operate under the direction of the City Council. In that regard, staff meet regularly with members of the County staff each Thursday to discuss matters including joint projects and issues of concern. City Attorney Bill Bloor stated that the City administration is very grateful to have such engaged, dedicated citizens to serve on the planning commission, and thanked Mr. Gleason and Mr. Freedman for their invitation. He stated that an invitation for the City's commission to join in planning efforts with other commissions should be addressed to the City Council who sets the Planning Commission's work parameters. Apart from that, if the City Council wants the Planning Commission to act with other planning commissions, they need to set that direction. Commissioner Kidd noted that she has been attending the County Planning Commission meeting as an individual but that the information allows her to act on overlapping issues that may before the City at some time. . Clallam County Planning Commission Gary Gleason noted that the County Administration is aware of the collaboration with individual municipal commissions within the County. They are well aware that they may not set policy. Mr. Gleason noted that the east WRIA 18 is working with DOE on a very sensitive project called "rule making" that is the law that will govern the use of water rights in the east county area (Siebert's Creek east) The west WRIA 18, concerning water rights in the west has been punted to one side. He suggested that staff needs to be quite aware of this issue because DOE is writing the rule, and lay citizens and the planning commissions need to be aware of this process. Mr. Gleason said that the joint work sessions are very educational and he understands the limitations that appointed committees work .under. He will present an invitation to the City Council. Manager Madsen suggested that staff would present the invitation for the Planning Commission to join with other commissions in review projects to the City Council. STAFF REPORTS Planner Johns reported that the City CouQ.cil has not completed its review of the housekeeping amendments forwarded to them for consideration by the Commission in late 2006. Staff has been working regularly with individual Council members in review of the amendments to clarify any issues of concern, and a workse~sion has been set for January 30th to continue that review prior to the final public hearing that is scheduled for February 6th. Planning Manager Sue Roberds reported that since the Planning Commission's consideration of the Lipman/Stone Street Vacation petition in October, 2006, communication received during the public comment period for the City Council's action has resulted in staff believing that a modification to the recommendation to vacate the street as previously recommended may need to be made to the Council. Issues raised resulted in a more critical review to determine what the trigger was that resulted in other street vacations in the corridor. It was determined that in all but two of those seven cases, encroachment was the key. In the . . .- current request, the Stone ownership does exnibit encroachment while the Lipman ownership does not. Staff will keep the Commission informed as to the outcome of both the continued review and outcome. Commissioner Beier remains concerned as to why Commissioners have been encouraged not to conduct individual site visits concerning issues before the Planning Commission for a land use action or recommendation prior to consideration of those applications. He believes that he is handicapped in making a rational recommendation ifhe cannot view the site and its surroundings. Attorney Bloor stated that nearly everything before the Planning Commission for consideration is quasi judicial in nature. Under state law, when a quasi judicial matter is to be considered, Commission members must act in the same manner as a judge or jury. Decisions must be made as a group, which means that the entire group must collectively review and act on the information presented which then becomes part of the record. The information that is presented to the group is part of the record and remains as the cause for the action forever. If Commissioners visit a site independently, it is likely that something might be observed in a different manner or from a different perspective than when information is presented to the group as a whole. If it is made clear that independeritinvestigation results in information being gained that has not been seen in the same manner by the entire group as a whole, the entire decision could become invalid if challenged. The only way to protect the integrity of the information and the decision made is to view the whole issue as a group. Staff can provide photographs, maps, written information, whatever is necessary to provide a complete view of the circumstances. Site visits should be done as a group or not at all. . Planning Manager Roberds noted that the Council Chambers is being equipped with much improved display equipment in order to present very clear representations and much better illustrative materials for the Commission's review in making recommendations on land use issues. The equipment will allow staff to search and reproduce any information in the City's network system for review by the Commission during meetings. The applicants can include photographs and staff will endeavor to include more photographs with land use applications to aid the Commission in its decision. COMMUNICATION FROM THE PUBLIC. None n~ ....... ; i ADJOURNMENT :50 P.M. ~' . - dJ) Che. Kidd, C~ " 120RTANGELES WAS H I N G TON, USA PLANl\TING COMMISSION ATTENDANCE ROST~K AND TESTIl\10NY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda ov2i-rl ~ ~ .;J:n'7 tl ~ . l)P To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify. NAME: Agenda Item No. ... l..(" C' \My Flles\FORMS\Mtgrostpc. wpd