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HomeMy WebLinkAboutMinutes 03/23/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 23, 2011 6:00 p.m. Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, David Miller Members Absent: Sissi Bruch Staff Present: Scott Johns, Sue Roberds, Heidi Greenwood, Nathan West Public Present: See Sign In Sheet PLEDGE OF ALLEGIANCE Chair Matthews opened the meeting and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Powers moved to approve minutes of the February 9, 2011, regular meeting as presented. The motion was seconded by Commissioner Miller and passed 4 1 with Commissioner Reiss abstaining due to his absence at that meeting. PUBLIC HEARINGS: UNCLASSIFIED USE PERMIT UUP 11 -01 A2Z Enterprises, 2917 Edgewood Drive: Proposal to operate a sprint boat track in the Industrial Heavy zone. Associate Planner Scott Johns reviewed the Department Report recommending approval of the Unclassified Use Permit with conditions and responded to questions from the Commission regarding site location. He noted that operational questions could be addressed by the applicant. Chair Matthews read the qualifying questions for 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. There being no issues to discuss, he opened the public hearing. Dan Morrison, 408 E. Scrivner Road, Port Angeles plans to develop a two lane entrance to County standards to accommodate expected traffic impacts (the access roadway is in the County). If the initial event indicates that the entryway needs to be paved to accommodate a more safe access and /or to ensure that Edgewood Drive is not negatively impacted by traffic to /from the site, he is prepared to improve the entryway with paving. County approved signage will be placed on Edgewood Drive and will likely be moveable readerboards so that the message Planning Commission Minutes March 23, 2011 Page 2 can be changed if circumstances dictate during the recreational event. He is anticipating an attendance rate of 3,000 to 5,000 He assured the Commission that whatever measures are needed to ensure a safe, logical traffic flow will be used so that neighboring properties are not negatively impacted by the proposed activity Sound level metering was done at a track in Albany, Oregon where the maximum dBa was found to be 95 dBa (decibals). That level was reached for only a few seconds while the boat was aimed directly at the sound meter Mr Morrison noted that the boats travel very quickly around the course, with each run being approximately one minute. Approximately 25 to 30 boats compete in any particular race event. No sound attenuating devices are used in Albany whereas the Port Angeles site will be bermed. Earth berms will provide some sound attenuation. The activity does result in sound loud enough to travel some distance, but sound will not be constant as there will be only one boat at a time negotiating the track. The sound is anticipated to be less than that of other heavy industrial activity that is permitted in the area given the site's Industrial zoning. In response to a question from Commissioner Reiss, Mr Morrison answered that up to 1,000,000 gallons of water could be used for an event. The subject property is largely supported by heavy clay soils that does not absorb water quickly Water used during the event will be reused as much as possible for site irrigation following the event. Water used in track channels is not contaminated but is actually aerated by the race activity Given the design of the boats, it is highly unlikely that fuel will be spilled into the water He has been racing for awhile and has never seen an accident that caused a fuel spill. The design of the race boats includes a sophisticated containment system. A lengthy safety inspection is performed prior to each race. Mr Morrison noted that he has never observed a problem with overnight camping associated with this type of event. This is largely a family event that is structured to "remain safe and comfortable. Event staff will ensure that issues do not arise that cause a problem that can't be handled quickly If people don't follow the rules, they will be escorted off the property In response to a question, Mr Morrison stated that a beer garden will be open during the event, but not before or after Vendors will be invited to events. He has been in contact with the local Hurricane Ridge Ski Lift group to run a beer garden with funds going to support that community activity In closing, Mr. Morrison agreed with staff's recommendation that, following the first event scheduled for September, 2011, an evaluation would be a good tool to determine if any changes in operation should be made for successive events. He plans to increase the number of sprint boat events for 2012 and possibly add a rock climbing event. Mike Rainey, 292 West Bluff Drive has been involved in moto cross, stock cars, and bike racing and is aware of noise measurements normal to such events. He reported that the maximum dBa for this type of event is 94 dBa for stock equipment with that noise level rising to approximately 97 dBa for after market equipment. The U.S. Government allows 87 dBa as a constant noise level for industrial areas with peaks from 95 dBa to 100 dBa for racetrack events where the level is not intermittent. He believes that an anticipated intermittent of 95 dBa from certain positions would meet acceptable government standards. Planning Commission Minutes March 23. 2011 Page 3 There being no further testimony, Chair Matthews closed the public hearing. Following discussion with staff regarding the recommendation to approve with review following the first event to determine if changes should be made or conditions added, Commissioner Reiss moved to approve the conditional use permit subject to 6 conditions, 14 findings, and 4 conclusions as follows: Conditions: 1 The Unclassified Use Permit is approved for a one year period and will enable an initial sprint boat racing event with potential extension to allow additional such events following review of the impacts of the initial activity The applicant shall request, in writing, the intent to continue operation of the activity beyond the initial event for the one year period and shall indicate any anticipated changes to plans or schedules based on the initial event, needed due to issues that occurred during that event, and shall provide more specific dates and information for future events. The information will be reviewed by staff and the Planning Commission for approval prior to operating a second or subsequent seasons. 2. Overnight camping is permitted only during scheduled events and is only intended for spectators and participants. 3 All environmentally sensitive areas, (wetlands and Dry Creek) shall be identified and separated from the rest of the site using a physical barrier such as flexible fencing. To prevent trespass that could result in inadvertent damage to the environmentally sensitive areas. 4 The access road from Edgewood Drive shall be improved in such a manner that it can, at minimum, facilitate two lanes of continuous traffic and provide stable foundation so that mud or debris is not transported onto county roads. 5 Event operators shall be responsible for controlling dust generated on the site from vehicle parking and traffic lanes during events. 6. On site water use approval shall be obtained from the Department of Ecology or purchased from another source. Findings: Based on the information provided in the Community Development Staff Report for UUP 11 -01 dated March 23, 2011, 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 An application was submitted by Dan Morrison for an Unclassified Use Permit to operate a sprint boat race activity on a property located in the Industrial Heavy zone within the City of Port Angeles. The application was determined to be complete on February 25, 2011 2. The proposed site is located at 2917 Edgewood Drive and is identified as-parcel number 073012210000, records of Clallam County The site is 90.34 acres in area. 3 Recreational uses such as boat racing and other motor sports are not listed as being permitted or allowed by conditional use in the Industrial Heavy (I1-1) zone. However, Planning Commission Minutes March 23, 2011 Page 4 uses that are compatible with the intent of the zone are allowed by conditional use. PAMC 17.95 100 states "any uses not expressly permitted in a specific zone may be reviewed by the Planning Commission for approval or denial in light of the zoning intentions and consistent with the Comprehensive Plan" PAMC 17.95 060 Unclassified Use Permit, includes a list of uses that require an Unclassified Use Permit. That list includes "Other uses possessing characteristics of such unusual, large- scale, unique or special form as to make impractical including them in any zone of classified uses" 4 The purpose of the Industrial Heavy zone is identified in Section 17.34 010 as PAMC as being the least restrictive industrial zone intended to be the area that heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult only activities, and outside storage yards and manufacturing activities Given the special needs and nature of the proposed use the Industrial Heavy zone is the zone in which the proposed use would cause the least impact within the City limits. 5 Per 17.96.050 PAMC, the Planning Commission shall consider applications for Unclassified Use Permit uses 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 interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property Unclassified Use Permit applications will 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 unclassified use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 6. The Comprehensive Plan designates the site as being in the Southwest planning area and is designated as Industrial. Adjacent designations are largely industrial, with the area surrounding Dry Creek being designated as Open Space. The subject site is located adjacent to county jurisdiction on the west and south sides. Development in the neighborhood includes single family residential uses on large lots, with the Fairchild International Airport located north of the site. 7 The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal G, Policy 2, Goal H, Policy 3, Conservation Element Goal A Policies 1 2, Goal B, Policies 1, 2, 5, 6, 7 8, and Objective B. 3 were found to be most relevant to the proposal. 8. A development that is approved through the Unclassified Use Permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9 Reviewing City Departmental comments were considered and addressed in review of this application. Comments were made by the City's Fire and Police Departments with regard to safety and noise. The Clallam County Road Department commented regarding use of the County road and issued a permit for the proposed activity with reservation that, following the initial event, the use would be re evaluated for any adjustment. The site is served by Clallam Transit System for Monday through Saturday service. 10 Water usage on site is governed by the Department of Ecology The agency has not as yet approved use of on site water or water from nearby Dry Creek for the activity If such a permit is not approved by DOE, water will need to be trucked to the site or water obtained from a private water purveyor. 11 Notification of the proposed action and unclassified use permit application was placed in the Peninsula Daily News on March 2, 2011, public notice was mailed to property owners within 300 feet of the subject property on February 28, 2011, and the site was posted on February 28, 2011 12. An Adoption of an Existing Environmental Document (DNS #1284) was issued for grading of a five acre portion of the site in preparation for the proposed use in September, 2010. A letter requesting an amendment to the SEPA determination was received with the Unconditional Use Permit application materials on February 25, 2011 The SEPA checklist was reviewed with the additional information as part of the subject permit process and an Adoption of an Existing Environmental Document was subsequently issued on March 18, 2011 per WAC 197 -11 -640 for the current proposal. 13 The Planning Commission conducted a public hearing on the proposal at its regular March 23, 2011 meeting and recommended approval with conditions. 14 Access to the property can be evaluated following the initial event to determine if changes to the conditions of operation should be required. Conclusions. Based on the information provided in the Department of Community Development Staff Report for CUP 11 -01 dated March 23, 2011, 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 consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal G, Policy 2, Goal H, Policy 3, Conservation Element Goal A Policies 1 2, Goal B, Policies 1, 2, 5, 6, 7 8, and Objective B. 3 2. The proposal is consistent with requirements for approval of an Unclassified Use Permit as specified in PAMC 17.96.050. 3 As conditioned, the proposal should not create adverse impacts to the environmentally sensitive areas on the site. Planning Commission Minutes March 23, 2011 Page 5 4 As conditioned, provisions have been made to address public health and safety concerns. The motion was seconded by Commissioner Boyle, and passed 5 0. STREET VACATION PETITION STV 11 -01 HOUSING AUTHORITY OF THE COUNTY OF CLALLAM. Proposed vacation of portions of Whidby and Lopez Avenues between Lauridsen Boulevard and Park Avenue in association with redevelopment of the Mt. Angeles View Subdivision. Planning Commission Minutes March 23, 2011 Page 6 Planning Manager Sue Roberds reviewed the Department report recommending approval of the vacation of rights -of -way with conditions. Mrs. Roberds noted that this action is a component of another quasi judicial action that will be before the Planning Commission in April. The pending proposal involves redevelopment of property where new rights -of -way will be dedicated in a similar manner to what now exists. Chair Matthews opened the public hearing. Steve Zenovic, Zenovic and Associates, 301 E. 6th Street, concurred with staffs analysis that the rights -of -way should be vacated in association with future redevelopment of the property Pending development plans will include rights -of -way dedication that exceeds that which currently serves the existing subdivision. Planning Manager Sue Roberds noted an additional condition to address retention of an easement for the existing Public Utility District service poles. There being no further testimony, Chair Matthews closed the public hearing. Commissioner Powers moved to recommend approval of the vacation of rights -of -way citing 4 conditions, supported by 14 findings, and 3 conclusions as follows: Conditions: 1 Rights -of -way will be vacated only as is necessary to support approved future quasi- judicial land use application(s) for the subject property in a manner concurrent with completion of approved individual development.phases Rights -of -way vacation shall be coordinated with each final phase of any approved land use action in a logical manner to limit disruption of access and service issues to the public. 2. Right -of -Way Use Permits shall be obtained for work in rights -of -way during each approved construction phase. Work in rights -of -way not adjacent to a subject phase is not permitted such that at no time shall rights -of -way not abutting a working construction phase be unavailable for use by the public. 3 To ensure uninterrupted access through the site during construction, a traffic circulation plan shall be submitted and approved prior to work within City rights -of -way 4 The vacation of Francis Street will include the reservation of an easement for existing Public Utility District (PUD) Power Lines per City Ordinance 3090 The developer shall work closely with the PUD to ensure that no impact to the service provider's provision ability is caused by construction activities. Findings: 1 A petition requesting vacation of portions of Lopez and Whidby Avenues and Francis Street between Lauridsen Boulevard and Park Avenue was submitted to the City of Port Angeles on January 31, 2011 2. The procedure for consideration of the vacation of rights -of -way is set forth in 35 79 RCW and 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 Planning Commission Minutes March 23, 201/ Page 7 property owners. The subject petition is signed by the Housing Authority of the County of Clallam representing 100% of the abutting property ownership. 3 The subject rights -of -way were originally platted in 1916 to provide access to lots within the Broadway and Dann's Park Addition subdivisions. The subject rights -of -way are fully developed and largely serve residents and visitors to the Mt. Angeles View Subdivision that is owned and operated by the Housing Authority of the County of Clallam (HACC). 4 The HACC is in the process of complete redevelopment of the Mt. Angeles View Subdivision through a quasi judicialland use application process. Density calculations for redevelopment of the area are based on land area of the entire site with subsequent dedication then made for access streets and service corridors and alleys. The subject vacation is necessary to allow the entire area to be calculated as site area to achieve the desired density and to facilitate redevelopment. As such, existing rights -of -way that were dedicated through the original subdivision process (1916) need to be vacated in order to be rededicated and realigned through a current land development action. 5 The HACC redevelopment will be completed in phases. It is not possible to accommodate the requested vacation at one time due to the intended phasing of the development. Areas where development is not occurring for a particular phase must remain accessible to eliminate disruption and emergency service needs to residents and members of the public who visit the site. Right -of -way vacation should be done in conjunction with development and final approval of each phase such that it does not hinder traffic and emergency access. Furthermore, if a particular phase is not accomplished, existing right -of -way will remain to serve that area. 6 The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the vacation proposal. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 7 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. 8. City departments including Fire, Public Works and Utilities, Building, and Community Economic Development, do not oppose the proposed vacations as long as rededication is consistent with future quasi judicial approval. 9 The Clallam Transit System (CTS) travels along Eunice Street, immediately west of the subject location. The proposed vacation and rededication of rights -of -way will not result in service disruption to CTS CTS staff indicated that redevelopment of the rights -of -way is expected to provide more flexibility in service to the area upon rededication. 10 The site was posted regarding the proposed land use action on March 7, 2011 No written public comment was received with regard to posting for the impending land use action. 11 Pertinent issues analyzed in review of the petition are as follow Traffic Patterns Established traffic patterns in the area will change somewhat following redevelopment of the Mt. Angeles View subdivision because the previous rights -of -way will be realigned and increased in service area. Completed rights -of -way will be built to full City standards prior to rededication. Primary access to properties in the area will continue to be from existing exterior access points (Lauridsen and Eunice Streets) with a secondary, new access along Francis between Park and Lauridsen Boulevard. Some interior residences may experience minor disruption during construction for short term periods but an adequate circulation plan should minimize those events. Ultimate traffic patterns will be improved by opening a thoroughfare to Park Avenue and providing calming mechanisms for that through traffic along Francis Street. 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 temporary vacation will not affect the public health, safety, or welfare and will facilitate logical redevelopment and utility improvement to the subject location which will be a general benefit to the public. The vacation and subsequent redevelopment of the area includes rights -of -way dedication in excess of what currently exists, will enable a new through access from Park Avenue to Lauridsen Boulevard that should enable additional public circulation in the area. 12. 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. 13 By Resolution 05 -11, on March 15, 2011, the Port Angeles City Council established a public hearing date for consideration of the street vacation petition as May 17, 2011, to be heard in conjunction with a Planned Residential Development application (PRD 11- 01). 14 The Port Angeles Planning Commission conducted a public hearing on the proposed street vacation at a regular meeting conducted on March 23, 2011 Planning Commission Minutes March 23, 2011 Page 8 Conclusions: A. Vacation and rededication of the rights -of -way will allow the subject neighborhood to be fully redeveloped at a density permitted in the Residential Medium Density (RMD) zone in which the property is located. B. Vacation of the right -of -way as conditioned will not alter or inhibit the ability to provide adequate emergency response to the area nor will temporary vacation negatively change established traffic patterns in the neighborhood. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically with Land Use Map Goal, Policies and Objective Element Goal A. Commissioner Reiss seconded the motion that passed 5 0. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes March 23. 2011 Page 9 STAFF REPORTS Associate Planner Scott Johns reported that the recent Shoreline Master Program and Harbor Resources Plan open house, conducted on March 16 had occurred and good information was exchanged. Two themes heard most during the open house were public access and environmental protection. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7 40 p.m. Sue Roberds, cretary Attachment: Sign up Sheet PREPARED BY S. Roberds J ohn Matthews, hair