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HomeMy WebLinkAboutMinutes 05/08/1996 . . . HEARING DEVICES ARE A VAlLABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 8, 1996 7:00 p.m. I. CALL TO ORDER II. ROLL CALL Ill. APPROVAL OF MINUTES: April 10, and 24,1996 IV. PUBLIC HEARINGS: 1. PRELIMINARY SUBDMSION - MILL CREEK ESTATES - Ahlvers Road: Proposal to subdivide approximately 3.69 acres into residential building sites in the RS-9, Residential Single Family zone. (This item is continued from April 10, 1996. The applicant has asked that this item be continued to June 12, 1996.) 2. UNCLASSIFIED USE PERMIT - CUP 96(05)12 - GLOBAL AQUA. Ediz Hook: Request for a UUP to allow an aquaculture related use in the ill, Industrial Heavy zone. 3. CONDmONAL USE PERMIT - CUP 96(05)11 - GERMAN. 1700 Block of Melody Lane: Request for a CUP to pennit a publicly subsidized senior housing project to be located in the RHD, Residential High Density zone. 4. CONDITIONAL USE PERMIT. CUP 96(05)10 - HOLY TRINITY LUTHERAN CHURCH. 301 Looez Street: Request for an addition to an pre-existing church in the RS-7, Residential Single Family zone. PLANNING COMMISSION: Bob King" Chair. Tim German (Vice), Cindy Souders, Bob Philpott, linda Nutter, Dean Reed, Mary ~ STAFF: Brad Collins, DiTcctor, Sue Roberds Office Specialist, and David Sawyer, Senior Planner. . . . 5. SHORELINE SUBSTANTIAL DEVELOPMENT CONDmONAL USE PERMIT - SMA 96(05)156, Waterward of 1509 Columbia Street: Request for an SDPCUP to permit the replacement of the City's sewer treatment outfall diffuser system in the PBP, Public Buildings and Parks zone, in Port Angeles Harbor, 6. ZONING ORDlNANCE AMENDMENT - 'LeA 96-01 - CITY OF PORT ANGELES. Planned Residential Developments (pRD): Revision to the City's PRD requirements for final plat approval clarifying the final approval ofPRDs where phasing of the development has been previously approved. 7. MUNICIPAL CODE AMENDMENT - MeA 96-02 - CITY OF PORT ANGELES. Environmentally Sensitive Areas (ESA) Ordinance: Revision to the eity's ESA Ordinance to allow flexibility in determining buffer requirements and creating a "minor construction" exemption where construction is so minor as to make geotechnical analysis infeasible. VI. STAFF REPORTS vn. REPORTS OF COMMISSION MEMBERS VOL ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board. not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 8, 1996 7:00 p.m. ROLL CALL Members Present: Bob King, Bob Philpott, Tim Gennan, Dean Reed, Mary Craver Members Excused: Linda Nutter, eindy Souders Staff Present: David Sawyer, Sue Roberds, Dan McKeen, Bruce Becker, Gary Kenworthy Public Present: Sue and Stan Maharaj, Jerry Newlin, Nancy McHenry, Pili Meyer, Dave Young, Bill Lindberg, Don and Sandra Bettger, Bob Love, Dave Somers APPROVAL OF MINUTES Commissioner Philpott moved to approve the April 10, 1996, minutes. The motion was seconded by Commissioner German and passed 4 - 0 with Commissioner Craver abstaining. Commissioner Reed asked that on page paragraph, the wording be amended to state his support of Condition No.1 as recommended by stafffor the Maharaj Shoreline Substantial Development Pennit. Noting the correction, Commissioner German moved to approve the April 24, 1996, minutes. The motion was seconded by Commissioner Reed and passed 4 - 0, with Commissioner Philpott abstaining. PUBLIC HEARINGS PRELIMINARY SUBDIVISION - MILL CREEK ESTATES - Ahlvers Road: Proposal to subdivide approximately 3.69 acres into residential building sites in the RS-9, Residential Single Family zone. (This item is continued from April 10, 1996.) Planning Office Specialist Sue Roberds stated that applicant, Mr. Jack Loewen, requested that the item be continued to the June 12, 1996, meeting, to allow the redesign of the subdivision. Chair King opened the public hearing. Commissioner Reed moved to continue the public hearing to June 12,1996,7 p.m. The motion was seconded by Commissioner Craver and passed 4 - 0 with Commissioner German abstaining due to an appearance of fairness as he is involved with the subdivision. . . . Planning Commission Minute3 - May 8. 1996 Page 2 UNCLASSIFIED USE PERMIT - CUP 96(05)12 - GLOBAL AQUA. Ediz Hook: Request for a UUP to allow an aquaculture related use in the IH, Industrial Heavy zone. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the requested permit and answered questions from the Commissioners as to the current uses on the site. Chair King opened the public hearing. Planner Sawyer read a letter from the Department of Ecology that had been received following distribution of the packet to the eommissioners into the record. The DOE stated standard requirements for approval of the proposed type of permit. There being no comment from the public, Chair King closed the public hearing. Following brief discussion, Commissioner Philpott moved to approve the permit as requested with the following conditions, findings, and conclusions: Conditions of Approval: 1. The proposed use shall meet all requirements of the Port Angeles Municipal Code including, zoning, fire, and building code requirements. 2. The proposed use shall comply with all the conditions of SMA 95(11) 154. Findings: Based on the information provided in the May 8, 1996 Staff Report for UUP 96(05)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 Commission hereby finds that: 1. The applicant, Global Aqua applied for an unclassified use permit on April 3 1996. 2. An Adoption of an Existing Environmental Document was issued by the City of Port Angeles SEP A Responsible Official on April 18, 1996. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, eomprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. . . . Planning Commission Minute$ . May 8. 1996 Page 3 5. The site is designated Open Space in the eity1s Comprehensive Plan, Commercial Arterial in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 6. A shoreline substantial development permit was approved for the project (SMA 95(11)154) on December 13, 1995 conditioned upon approval ofan unclassified use permit. Conclusions: Based on the information provided in the May 8, 1996 Staff Report for UUP 96(05)01 including all ofits 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 eommission hereby concludes that: A. As conditioned, the proposed project IS consistent with the Citis Comprehensive Plan, specifically, Land Use Policies A 2 and D I, Conservation Policy 07, and Economic Development Policy A 5, and the Citis Commercial Arterial zone. B. As conditioned and properly redesigned, the proposed project is in the public use and interest. Commissioner Reed seconded the motion, which passed 5 - O. Planner Sawyer noted the appeal provisions provided in the Zoning Code. CONDmONAL USE PERMIT - CUP 96(05)11 - GERMAN. 1700 Block of Melody Lane: Request for a eup to permit a publicly subsidized senior housing project to be located in the RHD, Residential High Density zone. Commissioner German left the meeting room as he is the applicant for the project. Commissioner Craver noted that a relative of hers may be employed if this project is successfully permitted and asked if there were any objections from the audience or eommissioners to her remaining at the dais as there would not be a quorum in her absence. There were no objections stated from anyone present. Planner Sawyer reviewed the Planning Department's report recommending approval of the project with conditions and responded to Commissioner Philpott as to the permissibility of including approval of reduced parking for the facility based on the provision of van service for the residents. Chair King opened the public hearing. Nancy McHenry, Northwestern Territories, Inc., 717 South Peabody, higWighted some of the issues ofthe permit and stated that the Hearthstone Group are now the owners of the property and will develop the facility as proposed. She explained that amenities that would Pfunnlng Commission Minutes - May 8, 1996 Page 4 . be provided for the facility include a nursing station and an indoor recreation room. She described the outdoor recreational opportunities for the use as a community flower and vegetable garden area, the use of a 2200 lineal foot walking trail for the public which surrounds the three lot subdivision in which the subject property exists, and picnic tables in a park like outdoor area. The proponent would like to amend the application at this time to address a reduction in the required parking from 56 spaces to 28 spaces. Van service will be available for scheduled shopping trips for groceries, drug store, clothing, doctor appointments, etc., transportation to activities and field trips scheduled by the building activity director including trips to the college campus, symphony, fine arts center, etc. She read a letter from Pan Tietz. Director of the Clallam County Housing Authority that has tentatively agreed to manage the facility upon completion in support of a parking reduction as proposed. Pili Meyer, 103 Viewcrest, a member of the Hearthstone Group, stated that there is a real need for senior low income housing opportunities in Port Angeles. There are so few such facilities that many older people who have lived here all their lives are forced to relocate to other areas of the state where such uses exist. She briefly described the financing of the site as including approximately $500,000 of state grant monies. Jerry Newlin, 903 Strait View Drive, General Manager of Newall Enterprises, owners of property in the area of the proposal, stated support for the project. . There being no further testimony, Chair King closed the public hearing. Commissioner Philpott opened discussion on the request to reduce the parking from the required 56 spaces to 28 spaces. He felt that although a reduction would appear to be appropriate, 28 spaces for the use may not be adequate. Commissioner Craver had no problem with the requested reduction to 28 spaces. In support of her position, she noted that she has observed other senior apartment uses in town with many unused parking spaces. Planner Sawyer clarified that some of the recreational uses noted by Mrs. McHenry are not a part of the subject property but are part of two subdivisions that exist adjacent to each other of which the property is only one lot. The walking trail and open space provisions described are for the public use, not specifically for this use. In response to the Commission, Mrs. Meyer noted that the Hearthstone Group will not manage the site but will work with the Clallam eounty Housing Authority for site management and staffing. She couldn't provide further details at this time. Chair King reopened the public hearing to allow Bill Lindbergt 619 South PeabodYt to speak regarding the van issue. He was in favor of allowing a parking reduction with the provision of van service for the facility. ehair King closed the public hearing. . Following further discussion on what an appropriate number of parking spaces would be for such a use, Commissioner Reed moved to approve the conditional use permit as Planning Commission Minutes - May 8, 1996 Page 5 . requested with a reduction to 36 spacest with the following conditions, findings and conclusions: Conditions of Approval: 1. Approval of this eup is subject to the final approval of the Highland eommons Subdivision (SUB 96-02) in a manner that is consistent with the site plan submitted as part the of May 8, 1996, staff report. 2. All units of the proposed multi-family housing development, with the exception of one manager's unit shall be limited to senior residents and shall be part of a publicly funded rent subsidy program approved by the Planning Commission or Planning Director. 3. The proposed project shall comply with the maximum building height allowance of the RHD zone or as otherwise permitted by the City's Zoning Code. 4. A detailed landscaping plan reflecting the requirements of the RHO zone shall be approved by the Planning Department and installed by the applicant prior to the issuance of a Certificate of Occupancy for the structure. . 5. The proposed project shall comply with the requirements of Wetland Permit WP 92 (03)01. 6. The proposed project shall comply with the requirements of the Highland Commons Subdivision (SUB 96-02). 7. All aspects of the project shall meet or exceed all local, State, and Federal codes. 8. The project shall comply with the off-street parking requirements of the RHD zone and the City's Off-Street Parking Ordinance. 9. The project shall meet the requirements recommended in the Public Works Department's memorandum of April 25, 1996, which require that the Highland eommons Subdivision improvements shall be completed prior to occupancy of the proposed facility. 10. The project shall comply with all local and State Fire Codes. 11. The proposed project may not decrease the actual levels of service for streets, water service, sanitary sewer service, electrical service, solid waste collection, . stormwater management, telecommunications service and emergency services below the level of service standards identified in the City's Comprehensive . . . Planning CommijSion Minutes - May 8. J 996 Page 6 Plan Capital Facilities Element. Any mitigation measures necessary to meet this condition shall be approved by the Planning Director. 12. The project shall provide van service for its residents to at a minimum include transportation for scheduled shopping trips for groceries, drug store, clothing. doctor appointments, etc., transportation to activities and field trips scheduled by the building activity director including trips to the college campus, symphony, fine arts center, etc. 13. A minimum of 36 parking spaces shall be provided for the use as proposed. Findings: Based on the information provided in the May 8, 1996 Staff Report for CUP 96(05)11, (including all of its attachments), comments and information presented during the public hearing. and the Planning eommission's discussion and deliberation, the City of Port Angeles Planning eommission hereby finds that: 1. The applicant, Tim German has applied for a conditional use permit for a publicly subsidized senior housing development in the Residential High Density (RHD) zone as proposed in the May 8, 1996 Staff Report for CUP 96(05)11. . 2. The Comprehensive Plan Land Use Designation for the subject property is High Density Residential (HDR). 3. The subject property is zoned RHD. 4. An Adoption of Existing Document (#678a) was issued for the proposal on April 30, 1996 and no comments were received during the comment period which ended March 31, ] 996. 5. A Draft Environmental Impact Statement which included the subject site designated as HRD, was adopted by the City on March 8, 1993. 6. A publicly subsidized senior housing development is a conditionally permitted use in the REID zone. 7. The proposed project is a three-story, 55 unit (48 one-bedroom units and seven two-bedroom units), multi-family structure. 8. The proposed project is publicly funded through the Washington State Housing Commission's Federal Low Income Housing Tax Credit Program. 9. A five phase Planned Residential Development (pRD 92(03)03) was preliminarily approved for the subject site on May 19, 1992. Phases 1 and 2 . . . Planning Commission Minutes - May 8. 1996 Page 7 received final approval on December 21, 1993, and the preliminary approval for Phases 3-5 expired on May 19, 1993. 10. A conditional use permit (CUP 92(03)02) for a 120 unit congregate care facility was approved on April 8, 1992 and received a three year extension on May 12, 1993. 11. A short plat including the subject site was preliminarily approved on October 27, 1992 and received final approval on December 11, 1992. 12. Wetland Permit (WP 92(03)01) was approved for PRD 92(03)03 on May 5, 1992. 13. A subdivision ( Highland Commons, SUB 96-02) including the subject site as Lot 2 was preliminarily approved on April 10, 1996. 14. Two annexations occured, on March 23, 1973, and April 16, 1974, which brought the property into the City as Residential Multi-Family (RMF). 15. The closest transit route is 600 feet away on Golf Course Road. 16. A reduction of the required number of parking spaces may be approved per Section 17.15.060 of thePort Angeles Municipal eode if van service is provided. Conclusions: Based on the information provided in the May 8, 1996, Staff Report for CUP 96(05)11 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 a publicly subsidized senior housing development. B. As conditioned, the proposed project meets the intent of the City's Comprehensive Plan, specifically Land Use Element A 2, B 3 and 4, and C 1 through 4, and the requirements of the PAMC including the RHD zone. C. As conditioned, the proposed project is in the public use and interest. D. As conditioned, the project provides adequate van service to warrant a reduction in the number of required parking spaces per the RHD requirements. . . . Planning Commission Minutes - May 8. J 996 Page 8 Commissioner Philpott seconded the motion. Commissioner Craver stated that she was uncomfortable with setting a required number of parking spaces by other than a prescribed method. She preferred to follow the allowance specified in the RHD zone for a reduction to 28 spaces with van service. It may be more important to provide more outdoor recreational opportunities than a large number of parking that may not be used. Chair King pointed out that the proposed site plan illustrates that the required S6 spaces can be provided. As the van service is a little unknown at this point, a compromise somewhere between 28 and 56 spaces seems appropriate. Planner Sawyer noted that ifit is the Commission's intention to allow reduced parking, the conditions, findings and conclusions should support the reduction. He offered amendments to support that intention. The maker and seconder of the motion agreed. The conditions, findings and conclusions were amended as follows: eonditions of Approval: 1. Approval of this CUP is subject to the final approval of the Highland Commons Subdivision (SUB 96-02) in a manner that is consistent with the site plan submitted as part of the May 8, 1996, staff report. 2. All units of the proposed multi-family housing development, with the exception of one manager's unit shall be limited to senior residents and shall be part of a publicly funded rent subsidy program approved by the Planning Commission or Planning Director. 3. The proposed project shall comply with the maximum building height allowance of the RHO zone or as otherwise permitted by the City's Zoning Code. 4. A detailed landscaping plan reflecting the requirements of the RED zone shall be approved by the Planning Department and installed by the applicant prior to the issuance of a Certificate of Occupancy for the structure. 5. The proposed project shall comply with the requirements of Wetland Permit WP 92 (03)01. 6. The proposed project shall comply with the requirements of the Highland Commons Subdivision (SUB 96-02). 7. All aspects of the project shall meet or exceed a1llocal, State, and Federal codes. . =. . Planning Commission Minutes - May 8, 1996 Page 9 8. The project shall comply with the off-street parking requirements of the RHD zone and the City's Off-Street Parking Ordinance. 9. The project shall meet the requirements recommended in the Public Works Department's memorandum of April 25, 1996, which require that the Highland Commons Subdivision improvements shall be completed prior to occupancy of the proposed facility. 10. The project shall comply with all local and State Fire Codes. ] I. The proposed project may not decrease the actual levels of service for streets, water service, sanitary sewer service, electrical service, solid waste collection, stormwater management, telecommunications service and emergency services below the level of service standards identified in the eity's Comprehensive Plan eapital Facilities Element Any mitigation measures necessary to meet this condition shall be approved by the Planning Director. 12. The project shall provide van service for the residents of the building which will at a minimum include scheduled shopping trips for groceries, clothing, drug store, etc., and transportation to activities and field trips scheduled by the bulding's activity director. These trips could include the Senior Center, Fine Arts Center, Symphony, College campus, etc. 13. A minimum of36 parking spaces shall be provided for the use as proposed. Findings: Based on the information provided in the May 8, 1996 Staff Report for eup 96(05)11, (including all of its attachments), comments and information presented during the public hearing, and the Planning COnmllssion1s discussion and deliberation, the City of Port Angeles Planning eommission hereby finds that: 1. The applicant, Tim Gennan has applied for a conditional use permit for a publicly subsidized senior housing development in the Residential High Density (RHD) zone as proposed in the May 8, 1996 Staff Report for CUP 96(05)11. 2. The Comprehensive Plan Land Use Designation for the subject property is High Density Residential (HDR). 3. The subject property is zoned RHO. 4. An Adoption of Existing Document (#678a) was issued for the proposal on April 30, 1996 and no comments were received during the comment period which ended March 31, 1996. . . . Planning Commission Minutes - May 8. J 996 Pagel 0 5. A Draft Environmental Impact Statement which included the subject site designated as HRD, was adopted by the City on March 8, 1993. 6. A publicly subsidized senior housing development is a conditionally permitted use in the RED zone. 7. The proposed project is a three-story, 5S unit (48 one-bedroom units and seven two-bedroom units), multi-family structure. 8. The proposed project is publicly funded through the Washington State Housing Commission's Federal Low Income Housing Tax Credit Program. 9. A five phase Planned Residential Development (pRD 92(03)03) was preliminarily approved for the subject site on May 19, 1992. Phases 1 and 2 received final approval on December 21, 1993, and the preliminary approval for Phases 3-5 expired on May 19,1993. to. A conditional use permit (CUP 92(03)02) for a 120 unit congregate care facility was approved on April 8, 1992 and received a three year extension on May 12, 1993. 11. A short plat including the subject site was preliminarily approved on October 27, 1992 and received final approval on December 11, 1992. 12. Wetland Permit (WP 92(03)01) was approved for PRD 92(03)03 on May 5, 1992. 13. A subdivision (Highland Commons, SUB 96-02) including the subject site as Lot 2 was preliminarily approved on April 10, 1996. 14. Two annexations occured, on March 23, 1973, and April 16, 1974, which brought the property into the City as Residential Multi-Family (RMF). 15. The closest transit route is 600 feet away on Golf eourse Road. 16. Section 17.15.060 of the Port Angeles Municipal eode allows a reduction in parking requirements for publicly subsidized senior housing facilities with the provision of van service. 17. The proposed van service is not a 24-hour on call service. Conclusions: Based on the information provided in the May 8, 1996, Staff Report for CUP 96(05) 11 including all of its attachments, comments and information presented during the public . . . Planning Commission Minutes . May 8. 1996 Page 11 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 a publicly subsidized senior housing development. B. As conditioned, the proposed project meets the intent of the City's Comprehensive Plan, specifically Land Use Element A 2, B 3 and 4, and C I through 4, and the requirements of the P AMC including the RHD zone. C. As conditioned, the proposed project is in the public use and interest. D. As conditioned, the proposed project provides adequate van service to warrant a reduction in the number of parking spaces required. On call for the motion, the motion passed 4 - O. Planner Sawyer noted the appeal provisions provided in the Zoning Code. Commissioner German returned to the meeting, CONDITIONAL USE PERMIT - CUP 96(05)10 - HOLY TRINITY LUTHERAN CHURCH. 301 Lopez Street: Request for an addition to an pre-existing church in the RS-7, Residential Single Family zone. Planning Office Specialist Sue Roberds presented the Planning Department's staff report. Chair King opened the public hearing. Bill Lindberg, 619 South Peabody, agreed with the staffs analysis and recommendation and requested approval of the permit as proposed. He further explained the proposal and responded to questions from Bruce Becker, Fire Chief, that areas east of the proposed narthex will be sprinklered, to the west will be a two-hour wall without sprinklers. The sanctuary, area below the sanctuary, and the new narthex, will be sprinklered. There being no further testimony, Chair King closed the public hearing. Commissioner German moved to approve the request as proposed with the following conditions, findings and conclusions: Conditions: 1. All development standards prescribed for the RS-7, Residential Single Family zone shall be observed. In the event the proposed expansion exceeds any of the standard requirements, a variance will be obtained for that deviation prior to construction of the expanded structure. 2. Required building permits, including electrical permits and any permits required by the Department of Labor and Industries for the elevator use, shall be obtained prior to construction. . . . Planning Commission Minutes -May 8, 1996 Page J 2 Findings: 1. The Planning Department received an application for a conditional use permit on March 29, 1996, to allow an expansion to a pre-existing church use in the RS-7, Residential Single Family zone by the addition of a two story narthex structure of 1800 square feet. 2. Section 17.9 (the RS-7, Residential Single Family zone) of the Port Angeles Municipal Code allows for church uses to be located in RS-7 zones by conditional use permit. 3. The Comprehensive Plan identifies the site as Low Density Residential (LDR). 4. The site consists of thirteen and one-half Townsite lots for a total area of approximately 2.3 acres. 5. No additional seating area will be created. 6. The proposed construction is 36 feet in height and exceeds the minimum 35 foot setback from rights-of-way for building construction required for churches in residential single-family zones. 7. The addition is proposed to comply with the mandate of the Americans With Disabilities Act (ADA) and to improve site circultion by relocating the main entrance of the structure to the north side adjacent to the parking lot area. 8. Several Comprehensive Plan Policies have been identified as being relevant to the proposal including Land Use Elemen Goal A, Residential Goals and Policies Goals B and C, and Policy C.l., Utilities and Public Services Element Goal A, Policy 3. 9. A Determination of Non-Significance (DNS) was filed for the proposal on April 18, 1996. The DNS has not been challenged. Conclusions: A. As conditioned, the proposed use is in compliance with the intent of the RS-7 zone. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the Comprehensive Plan policies listed in Finding No.8 above. Commissioner Reed seconded the motion, which passed 5 - O. Planner Sawyer explained the appeal provisions of the Zoning Code. . . . Planning Commiss;onMinules -May 8, 1996 Page 13 The Commission took a break from 8:35 p.m. to 8:50 p.m. SHORELINE SUBSTANTIAL DEVELOPMENT CONDmONAL USE PERMIT - SMA 96(05) 156. Waterward of 1509 Columbia Street: Request for an SDPCUP to permit the replacement of the City's sewer treatment outfall diffuser system in the PBP, Public Buildings and Parks zone, in Port Angeles Harbor. Planner Sawyer reviewed the Planning Department's staff report. Gary Kenworthy, Port Angeles City Engineer, explained the design of the new diffuser as in request to Commissioner Philpott. Mr. Kenworthy stated that several of the ports on the existing diffuser have been broken off or damaged possibly by anchor chains over the years. The new design will be more flexible. Chair King opened the public hearing. There being no public testimony, he closed the public hearing. Commissioner Philpott moved to recommend approval of the Shoreline Substantial Development Permit subject to the following conditions, findings and conclusions: Conditions of Approval: 1. The project shall comply with the regulations of the City's Shoreline Master Program, specifically those of Chapters 4,5 and 6. 2. The project shall satisfY the concerns and requests noted in the letters received from the Department of the Army dated March 5, 1996, the State Department of Ecology dated March 8, 1996, the State Department ofFish and Wildlife dated March 14, 1996, and the Lower Elwha Klallam Tribe dated March 22, 1996 all of which are attached as part of the May 8, 1996 Planning Commission Staff Report for SMA 96(03)156 Attachment B. Specifically, the City shall work with the above listed commenting agencies to determine the extent of any existing shellfish habitat that may be impacted by the proposed action and any subsequent mitigation measures necessary to minimize any such impacts. 3. The project shall comply with the City's Environmentally Sensitive Areas Protection Ordinance. Specifically, if it is determined the project impacts a shellfish habitat area, the City shall prepare a Habitat Management Plan in accordance with Chapter 15.20.070 D of the Port Angeles Municipal Code (pAMe). Pwnning Commission Minutes - May 8. J 996 Page 14 . Findings: Based on the information provided in the May 8, 1996 Planning Commission Staff Report for SMA 96(03)156 (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. In 1989, the consulting firm of Brown and Caldwell Consulting Engineers prepared the City's "Facility Plan for Port Angeles Secondary Level Wastewater Treatment Facilities." This plan reviewed the existing sewer treatment plant and made recommendations on improvements to bring the existing facility into compliance with the requirements of National Pollutant Discharge Elimination System (NPDES) Permit No. W A-002397-3, Condition S14, Outfall Evaluation and Repair. 2. The 1989, "Facility Plan for Port Angeles Secondary Level Wastewater Treatment Facilities" states: "The outfall has been inspected on a regular basis. Over the years, the diffuser section has shown progressive damage, presumably from ship's anchors. Currently, all diffuser elbows are missing and individual risers are damaged. The end manhole cover is off and most plant effluent is discharging from this point. Since repair of the diffuser to its original condition will still not provide adequate dilution, the diffuser must be modified both to prevent the type of breakage which has previously occurred and to provide higher headloss, better diffusion capability." 3. The proposed replacement of the existing sewer outfall diffuser is required by NPDES Permit No. WA-002397-3, Condition S14, Outfall Evaluation and Repair. 4. The applicant, the City of Port Angeles, applied for a Shoreline Substantial Development Conditional Use Permit on February 8, 1996 (See May 8, 1996, Planning Commission Staff Report for SMA 96(03)156). 5. A Determination of Non-Significance and Adoption of Existing Environmental Document (#659) with no comment period was issued by the City of Port Angeles SEPA Responsible Official on February 26, 1996. Subsequently, upon request from the State Department ofFish and Wildlife, an amended Determination of Non-Significance and Adoption of Existing Environmental Document with a 15 day comment period was issued for the proposal on March 19, 1996. The existing document adopted as part of this determination is MDNS #365 which was issued October 10, 1989, for the original expansion of the City's sewer treatment plant. The comment period for the current determination ran until April 4. Comment letters were received from the State Department of Fish and Wildlife, the State Department of Ecology, the Department of the Army (Seattle District, Corps of Engineers) and the Lower Elwha Kla1lam Tribe (See May 8, 1996, Planning Commission Staff Report for SMA 96(03)156). . . . Planning Commission Minutes - May 8. 1996 Page 15 6. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 7. The subject site is located outside the Port Angeles Outer Harbor Line, 3,500 feet waterward from the existing shoreline. 8. The State Shoreline Management Act as enacted in RCW 90.58, the Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 9. The subject site is designated Industrial (I) in the City's Comprehensive Plan, Public Buildings and Parks (PBP) in the City's Zoning Ordinance, and Aquatic Harbor in the City's Shoreline Master Program. 10. Utilities are a conditionally permitted use in the Shoreline Master Program's Aquatic Harbor shoreline designation. 11. There is no excavation proposed landward of the shoreline. 12. The proposed project is the number three ranked project in the City of Port Angeles 1995 - 2000 Capital Facilities Plan. 13. The City is working with the State Departments of Ecology, Health, and Fish and Wildlife and the Lower Elwha Klallam Tribe in an effort to minimize any adverse impacts on any significant shellfish habitat and to satisfy their requests noted in their responses received during the project's current SEPA review and included as part of the May 8, 1996 Planning Commission Staff Report for SMA 96(03)156. 14. The existing and proposed replacement of the diffuser is part of the existing sewer treatment plant which had its expansion reviewed as a utility structure in 1989. A utility structure is a permitted use in the PBP zone. 15. Effluent from the diffuser is treated to a secondary level. Conclusions: Based on the information provided in the May 8, 1996, Planning Commission Staff Report for SMA 96(03)156 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 following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Policy A 2, Utilities and Public Services Policies A 4 & DID, Conservation Policies B 2, 10, 11 & 19, D 1, 3, 4 & 10, and Capital Facilities Policies A 2 & 4, and the City's Shoreline Master . . . Planning Commission Minutes. May 8. 1996 Page 16 Program Chapter 4, policies D I, 2, 7 and 8, E I, F I, 3 - 6,8 and 9, and N 1, Chapter 5, policy 5, and Chapter 6, policies I and 2, and the City's Public Buildings and Parks zone. B. As conditioned, the proposed project is consistent with RCW 90.58.020, the City's Comprehensive Plan Land Use Policy A 2, Utilities and Public Services Policies A 4 & D 10, Conservation Policies B 2, 10, II & 19, D 1, 3, 4 & 10, and Capital Facilities Policies A 2 & 4, and the City's Shoreline Master Program Chapter 4, policies D 1,2, 7 and 8, E 1, F 1,3.6,8 and 9, and N 1, Chapter 5, policy 5, and Chapter 6, policies I and 2, and the City's Public Buildings and Parks zone, and all associated regulations. C. As conditioned, the proposed project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the nonnal public use of public shorelines. E. As conditioned, the proposed use of the site and design of the project is compatible with other pennitted uses within the area. F. As conditioned, the proposed use will cause no unreasonably adverse effects to the shoreline environment in which it is to be located. G. As conditioned, the public interest suffers no substantial detrimental effect. H. As conditioned, there will be no increase demand for public access to the shoreline. I. As conditioned, the proposed project will not interfere with an existing public access way. 1. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. K. As conditioned, the proposed project will improve the harbor's natural environment. ZONING ORDINANCE AMENDMENT - ZCA 96-01 - CITY OF PORT ANGELES. Planned Residential Developments (PRD): Revision to the City's PRD requirements for final plat approval clarifying the final approval ofPRDs where phasing of the development has been previously approved. Planner Sawyer reviewed the Planning Department's staff report and answered questions clarifying the proposal. . . . Planning Commission Minutes - May 8. 1996 Page 17 Chair King opened the public hearing. There being no one present to testify, he closed the public hearing. Commissioner German moved to recommend approval of the proposed amendment citing the following findings and conclusions: Findings: I. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendment: Growth Management Element Goal A and Policy A.l, Land Use Element Goal A, Objective A.l, Policy B.I, and Objective 11, Transportation Element Objective B.2. Utilities and Public Services Element Goal D and Policy D.l. Housing Element Goal A, and Capital Facilities Element Goal A. 2. The proposed language is consistent with the administrative interpretation of the PRD final approval submittal deadline and will allow the Planning Commission the discretion to approve or disapprove an extension of time for PRO final approval of preliminary approved development phases. 3. Notice of the proposed Zoning Code Amendment was posted in City Hall, County Courthouse, and the Port Angeles main branch of the North Olympic Library System on April 18, 1996, and published in the Peninsula Daily News on April 21, 1996. 4. A categorical exemption per WAC 197-11-800(2) was found to satisfy the SEP A requirements by the SEP A Responsible Official on April 18, 1996, and no appeal of this finding has been made in a timely manner. Conclusions: A. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals. Policies, and Objectives specifically those found in Finding No.1. B. The Zoning Code Amendment is consistent with the purpose of Chapter 17.19 of the Zoning Ordinance. C. Adequate public notice and SEP A review has been given to the proposed Zoning Code Amendment. D. The proposed language of the Zoning Code Amendment is in the public use and interest. Commissioner Craver seconded the motion. Commissioner German spoke to the motion explaining the practicality of the proposal. The motion passed 5 - O. Planning Commission Minutes - May 8, J 996 Page 18 . MUNICIPAL CODE AMENDMENT - MCA 96-02 - CITY OF PORT ANGELES. Environmentally Sensitive Areas (ESA) Ordinance: Revision to the City's ESA Ordinance to allow flexibility in determining buffer requirements and creating a "minor construction" exemption where construction is so minor as to make geotechnical analysis infeasible. Planner Sawyer reviewed the Planning Department's staff report and explained the three issues under review: reduction of the 50-foot buffer to an approved engineering setback ifnot a marine bluff; retention of the 50-foot buffer when a marine bluff; and a minor construction exemption. The current ordinance wording does not allow staff flexibility in dealing with property owners in these areas. Sandra Bettger, 1022 South Cherry, supported the request as it provides a practical manner in which to deal with a variety of situations that occur topographically in Port Angeles. Don Bettger, 1022 South Cherry, asked that those areas along Front Street that are above the street elevation due to the sluicing afFront Street many years ago not be considered as bluffs or geological hazard areas because they are man made. He stated that the ordinance provisions that exist severely restrict property rights. . Jerry Newlin, 903 Strait View Drive, stated that as a professinal engineer he cannot positively assure that sites are stable in every situation. He preferred that the City retain the liability than place it on private engineers by requiring supportive letters when setbacks are to be varied in geological hazard or environmentally sensitive areas. He commended staff for trying to be flexible and by reviewing the ordinance to find areas where flexibility should be allowed. The critical areas ordinances are very restrictive at present. Don Love, 939 West Seventh Street, stated that the Moose Lodge wishes to fill in an environmentally sensitive area on Tumwater Creek. Don Bettger owns property on Front Street situated in a geological hazard area. He asked for clarification of staff s exemption - would it be a cumulative twenty-five square feet? He suggested that a definite area amount not be stated. There being no further testimony, Chair King closed the public hearing. Planner Sawyer explained that the City's ordinance dealing with environmentally sensitive areas only comes into play if another permit is required. The primary issue in the regulation is to ensure stability of slopes. . There was considerable discussion on a threshold exemption. (From the audience Don Bettger suggested that one hundred twenty feet be the threshold as construction less than one hundred twenty feet does not require a building permit.) Commissioner German favored leaving a threshold exemption number out of the ordinance to allow sensitivity in dealing with a variety of situations that may arise or state that as long as the footprint is not expanded size is not the issue. . . . Planning Commission Minutes - May 8, 1996 Page J 9 As there is not an issue pending this amendment, staff suggested that the Commission continue discussion to the May 22, 1996, agenda, and in the meantime give thought to what threshold exemption should be imposed or wording that is preferred for possible amendment to the ordinance. Staffwill provide additional background material for its recommendation at that meeting. Commissioner German moved to continue the issue to the May 22, 1996, meeting. The motion was seconded by Commissioner Craver, and passed 5 - O. COMMUNICATIONS FROM THE PUBLIC Donald Bettger said that he can see the intent of the City's critical areas ordinances but cautioned that government must be sensitive to the needs and expectations of property owners. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner German commended staff for its sensitivity in dealing with the critical areas ordinances and the Planned Residential Development section of the Zoning Code in trying to tweak the ordinances to be more flexible in dealing with real world situations. Commissioner Philpott indicated that on Ahlvers Road, between Galaxy Place and Old Mill Road, north side of the road (Lowen Short Plat), the roadway is misaligned and is very dangerous. A visitor in the area would have trouble negotiating the roadway in periods of poor weather condition and may drive onto the sidewalk. ADJOURNMENT The meeting adjourned at 10:45 p.m. 4/:cL0 David Sawyer, Acting Secretary PREPARED BY: S. Roberds . PLEASE SIGNJN 1 CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: 1~ ~ G 1- 1;q uJ K-o r--J ~ (2{w rJ .