Loading...
HomeMy WebLinkAboutMinutes 04/11/2007 ~ORTANGELES WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street April 11, 2007 6 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of March 28,2007 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 07-01- PORT OF PORT ANGELES. Tumwater Creek north of Marine Drive: A shoreline substantial development permit to construct a new concrete bridge across Tumwater Creek. Smaller bridge structures will be removed with the new bridge placement. . 2. CONDITIONAL USE PERMIT - CUP 07-03 - OUEEN OF ANGELS CHURCH: 1007 South Oak Street: Request to amend a conditional use permit to allow a private school in the RS- 7 Residential Single Family zone by placement of a portable classroom unit on site. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Werner BeIer (Chair), John Matthews (VIce ChaIr), Kevm Snyder, Chene Kldd, Stanley Hams, Dave Johnson, Doc ReISS PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Plannmg Manager, Nathan West, Pnnclpal Planner, Scott Johns, ASSOCIate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 11, 2007 6:00 p.m. ROLL CALL Members Present: Cherie Kidd, Dave Johnson, Kevin Snyder, John Matthews, Stanley Harris, Werner Beier, Doc Reiss Members Excused: None Staff Present: Sue Roberds, Scott Johns Public Present: Susan Bauer, Mary Ellen Winborn, Debra Brines CALL TO ORDER Salute to the Flag was led by Chair Beier. APPROV AL OF MINUTES Commissioner Matthews moved to approve the March 28, 2007 minutes as presented. The motion was seconded by Commissioner Kidd and passed unanimously. PUBLIC HEARINGS: Chazr Beier indicated that those who testify must sign the "Sign In" log and affirm that thezr testzmony wzll be truthful to the best of their knowledge. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 07-01 - PORT OF PORT ANGELES. Tumwater Creek north of Marine Drive: A shoreline substantial development permit to construct a new concrete bridge across Tumwater Creek. Smaller bridge structures will be removed with the new bridge placement. Associate Planner Scott JQ,hns reviewed the Department's Report recommending approval of the shoreline substantial development permit with conditions and responded to questIOns from the Commission regarding the proposal. Mr. Johns used a visual projector to display the site area from various perspectives identifying the four bridges that would be demolished and that one bridge would be replaced. No traffic uses the bridges at present and no public access is provided to the creek in this location. In response to Commissioner Harris, Mr. Johns explained that only remnant Coho may be found in the Creek with possibly some sea run. The Creek is not highly populated. He added, in response to Commissioner Reiss that some sediment will result from pulling the sheet pining, but it will not be a major impact. The site is located south of the ordinary high water mark and will not affect the riparian habitat. . . . Planmng CommiSSIOn Mznutes Aprzlll, 2007 Page 2 There being no further questions, Chair Beier opened the public hearing. Susan Bauer, Planning and Environmental Manager for the Port of Port Angeles, 338 West First Street, answered further questions from Planning Commissioners. Ms. Bauer explained that site log handling operations will be moved to another area located west of the current site along Marine Drive in order to consoli date such operations into one location along the waterfront. The subject area will be converted to use as a barge loading and staging site. Log trucks will not use the bridge. The bridge will provide for other equipment used on site. Ms. Bauer further responded to questions regarding development of the bridge structure. There being no further questions or testimony, Chair Beier closed the public hearing. Following discussion, Commissioner Snyder moved to approve the shoreline substantial development permit with the following conditions, findings, and conclusions: Conditions: If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team, which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department of Community and Economic Development. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that, by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible archaeological resources are handled in accordance with applicable law. 2. In the event archaeological artifacts, features or human remains are discovered, the permittee will immediately notify the 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. 1. 3. The applicant shall be responsible for obtaining all required permits from all state and federal agencies with jurisdiction prior to commencing work. 4. The applicant shall enhance the remaining existing riparian zone and shoreline of Tumwater creek by removing the Himalayan blackberry along both sides of the creek, for the entire length of the channel from the box culvert north to the marine shoreline. The entire riparian zone shall be revegetated using native plant materials typical of local stream banks. Findings: Based on the information provided in the April 11, 2007, Staff Report for SMA 07-01 including all of its attachments, comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning . . . Planmng CommISSIOn Mmutes Aprzl J J, 2007 Page 3 An application for a shoreline substantial development permit w~s submitted by the Port of Port Angeles on March 5, 2007 for the construction of a new concrete bridge crossing Tumwater Creek and the removal of 4 existing wooden timber bridges also crossing Tumwater Creek. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on March 2, 2007 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. The site is designated Industrial in the City's Comprehensive Plan, Industrial Heavy in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. Chapter 5 of the City's Shoreline Master Program indicates water dependent transportation is a permitted use in the U-H designation. The project is consistent with the following Policies and regulations of the Shoreline Master Program: Chapter 4, Policies A 1 -5; B 1 & 2; D 1; E 2; J 1 - 3; and K 1 -7; Chapter 5 Management Policies 1 - 10; and Chapter 6, E. Industry 1 - 6; H. Transportation 1,2 and 5. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, Conservation Element Policies A- I, B- 1,2, 9, and objectives 3 and 4, Goal D, policies D-I, 2, 3, 5, 8, & 9; and Economic Development Element Policies A-3 & 13. The City's waterfront trail is located on city sidewalks along Marine Drive and will not be impacted by this project. 8. The site is located in an industrial area where heavy equipment occasionally operates and nearby where security concerns are elevated making the area inappropriate for increased public access. Conclusions: 1. 2. 3. 4. 5. 6. 7. Based on the information provided in the April 11, 2007 Staff Report for SMA 07-01 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning CommIssion hereby concludes that: A. The proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program. B. The proj ect will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance the riparian environment along Tumwater Creek. D. As conditioned, the proposed project will not interfere with public use oflands or waters. The motion was seconded by Commissioner Johnson and passed unanimously. . . . Planmng CommiSSIOn Minutes Apnlll, 2007 Page 4 CONDITIONAL USE PERMIT - CUP 07-03 - QUEEN OF ANGELS CHURCH - 1007 South Oak Street: Request to amend a conditional use permit to allow a private school in the RS-7 Residential Single Family zone by placement of a portable classroom unit on site. Associate Planner Scott Johns reviewed the Department Report recommending approval of the amendment but noted that placement of the classroom structure must comply with the setbacks required for a school use in a resldential zone (40' from property lines) unless a variance is allowed from the City's Board of Adjustment. Chair Beier opened the public hearing. Debra Brines, Principal of Queen of Angeles School, 2662 Dan Kelly Road, and Mary Ellen Winborn, 846 Key Road, were present for questions. Testimony was provided that the proposed pre fabricated structure would serve as a library/computer/office area. School enrollment has been as high as 200 students but is currently 130 students. Ms. Brines and Mrs. Winborn responded to questions regarding use of school property areas, and indicated that the preferred location of the portable unit, 10' from the alley, will allow full use of the site for parking during non school hours, and will allow for needed visibility of the entire site during school activities. If a variance of the specified setback for school structures in residential zones is not reduced, the portable unit would not be located in a good location and could affect parking uses during non school hours. Commissioner Kidd noted that she is a resident in the area and stated that on street residential parking is a big cause of congestion in the neighborhood. In response to further questions regarding the impact of parking to the neighborhood as a result of the school use, Ms. Brines explained the location of church properties and how they are being utilized for school activities. The school serves students from pre school to 8th Grade. There being no further questions or testimony, Chair Beier closed the public hearing. Following brief discussion, Commissioner Kidd moved to approve the conditional use permit. In making the motion, Commissioner Kidd noted that she hoped the Board of Adjustment would find circumstances were present to allow a variance in order for placement of the portable classroom unit. The motion was made with the following conditions, findings, and conclusions: Conditions: 1. All conditions applied to CUP 95(02)02 shall remain in effect. Those conditions include: A. The new construction shall comply with state and local building Codes. B. The new construction shall comply with state and local fire codes. C. One parking space shall be provided per Section 14.40.050 K of the Port Angeles Municipal Code. Prior to occupancy, the applicant shall demonstrate to the satisfaction of the Planning Director that the parking requirement has been satisfied. 2. The applicant shall secure all required city permits from Public Works and Utilities Department and Building Division of Commumty and Economic Development Department prior to placement of the portable school structure. . . . Planning CommIssIOn Minutes Aprrlll,2007 Page 5 Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 07-03 dated April 11, 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. The Queen of Angeles School submitted Conditional Use Permit application CUP 07 -03 to add a portable classroom to the school site at 10th and Oak Streets on March 2,2007. The private school use was previously permitted by Conditional Use Permit CUP 95(02)02 in 1995 with conditions. 2. The proposed site includes Lots 5 through 10, Block 327, Townsite of Port Angeles. 3. The site is zoned RS-7 Residential Single Family. przvate school uses are allowed by conditional use permit per Section 17.10. 040(L) P AMC. Sectzon 17.10.050(C) Table "A" of the P AMC provides development standards for conditional uses in the RS-7 zone. Private Schools of more than 100 students require a mznimum lot area of 5 acres plus 1 acre for each 100 students in the RS-7 and 40 foot setbacks from all property lines. Queen of Angeles School is inconsistent with both the required lot area and the required setbacks for private schools in the RS-7 zone. / I 4. Placing the portable classroom in compliance with required 40-foot setbacks will locate the building in the center of the playground area. The applicant has stated that this location standard will create complications for providing adequate and efficient playground space and for proper supervision of children using the playground area. The applicant has asked that a waiver of the setbacks be made in allowing placement of the unit. Such a request would need to be considered by the City's Board of Adjustment that is authorized to adjust development standards when the facts warrant such an adjustment. 5. 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 Central Planning Area. The subject site is located on the southeast corner of 10th and Oak Streets. Development in the neighborhood includes primarily single family residential uses, with scattered churches and bed and breakfasts. A commercial area lies two blocks to the north and a public school is located three blocks to the southeast. 6. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional 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 . . . Planmng CommiSSIOn Mznutes Apnlll, 2007 Page 6 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. The Planning Commission may refuse to issue a conditional use permit ifthe characteristics of the intended use would defeat the purpose of the City's zoning regulations. 7. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A and Policy A.2; Goal C and Policy C.l; Transportation Element Policy B.14 and B.16; and Conservation Element Policies B.3 were found to be most relevant to the proposal. 8. 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. 9. Reviewing City Departments commented on the application. Those comments were included in review of the application. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on March 11,2007, Public notice was mailed to property owners within 300 feet of the subject property on March 16,2007, and posted on the site on March 11,2007. 11. A Determination of Non-Significance was issued for this proposed action on April 6, 2007. 12. The Planning Commission conducted a public hearing on the proposal at the April 11, 2007, regular meeting. ConclUSIOns: Based on the information provided in the Department of Community Development Staff Report for CUP 07-03 dated April 11, 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: A. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal C, and Policies C.1, Transportation Element Policy B.14 and B.16; Conservation Element Policy B.3. B. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. C. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). . . . Plannmg Commission Mmutes Page 7 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 07-03 dated April 11, 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: A. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal C, and Policies C.1, Transportation Element Policy B.14 and B.16; Conservation Element Policy B.3. B. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. C. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). Commissioner Snyder seconded the motion which passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Matthews appreciated the Smart Growth presentation recently coordinated and conducted at City Hall and Peninsula College. He hoped to view additional training videos and materials regarding the subject. ADJOURNMENT The meeting adjourned at 8:10 p.m. ~~ PREPARED BY S Roberds .- 120RTANGELES WAS H J N G TON, USA . PLANNING COMMISSION ATTENDANCE KOST.b.K AND TESTIl\10NY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: ArR.IL I/,~ To heJp us provide an accurate record of those in attendance, pJease sign in. Your signature acknowJedges your presence. Jf you pJan to testify, by your signature beJow, 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. ADDRESS: Agenda Item No. . C: \My Files\FORMS\Mtgrostpc. wpd