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HomeMy WebLinkAboutMinutes 05/28/1997 . . '. HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. :I' ?ORT-4~ ",4. ~--,~ rJ -- ~~ ~ '{L ~-:-:rr - - Pl.ANN\llG AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 28, 1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: May 14, 1997 IV. PUBLIC HEARINGS: 1. CONDITIONALlISEnRMIT - CUP 97-08 - PENIC, 222EastIw..elfth S.tre.et Request to allow an accessory residential unit in the RS-7, Residential Single Family zone. 2. EXTENSIOK-OLCO.ND1TlONAI, USEj!ERMIT - GUL..9J.=O..6--= BUDGET RENT A CAR,....NortheasLcQmeLQf Front and_QalLStr.e.e.ts: Request to allow the continuation of an unimproved commercial parking lot in the Central Business District. (This item will not be heard as it is no longer necessary by CUP.) 3. SROBELINE_CO.NDIIlONAL..USEBRMIT - SMA 97-06 - CITY OE ~ORT ANGELES,....Ediz..lI.Qok: Installation of sewer pump stations in association with a pressurized sewer line located on Ediz Hook in the PBP, Public Buildings and Parks zone. 4. COMPRRHENSIVKI!LAN AMENDMENTS - CPA 97-04 - CITY DE ~ORT ANGELES: Incorporation of the City's Customer Service Statement of Values in the Utilities and Public Services Element and to address stormwater treatment standards and water quality issues in the Plan. v. COMMUNICATIONS FROM THE PUBLIC VI. ST AFF REPORTS PLANNING COMMISSION: Tim German, (Chair), Dean Reed (Vice). Bob King, Cindy Souders, Linda Nutter, Mary Craver, Martie Lucas. ST AFF: Brad Collins, Director. Sue Roberds Planning Specialist, David Sawyer, Senior Planner, e. . . VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. 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 Chair may allow additional public testimony if the issuc 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 Chair. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 28,1997 7:00 p.m. ROLLCALL Members Present: Martie Lucas, Linda Nutter, Tim German, Dean Reed, Bob King Member Excused: Cindy Souders, Mary Craver Staff Present: Dave Sawyer, Sue Roberds, Dan McKeen Public Present: Marie Hanowell, Marc Logan, Jack Heckman, Barbara Laurence, Pat Gay APPROVAL OF MINUTES Commissioner Reed moved to approve the May 14, 1997, minutes as submitted. The motion was seconded by Commissioner Lucas and passed 5-0. PUBLIC HEARINGS: CONDITIO~_lISE PERMIT - CUP 97-08-=-.EENlC,--.221Eas.t.lli.elfthB.tre.et Request to allow an accessory residential unit in the RS-7, Residential Single Family zone. Senior Planner David Sawyer reviewed the Planning Department staff report recommending approval of the requested permit. Chair German opened the public hearing. Shelley Pelf;c, 227 East Twelfth Street, was present for questions and responded to Chair German that she understood the staffs recommendation for approval with four conditions and that the conditions did not pose a problem for her. There being no further testimony, Chair German closed the public hearing. Commissioner Nutter moved to approve the conditional use permit with four conditions and citing the following findings and conclusions: C.onditions : 1. All aspects of the project shall meet or exceed all local, state, and federal codes, including the Unified Building, Fire and Electrical Codes as adopted by the City of Port Angeles. . c. . Plwming Commission Minutes - May 28, 1997 Page 2 2. Two parking spaces shall be provided for the accessory residential unit. This is in addition to the two spaces required for the existing residence. 3. All activities occurring on the subject property shall be in compliance with the regulations of the Port Angeles Municipal Code, including Chapter 17.17 regarding home occupations. 4. The size of the accessory residential unit shall not exceed 640 square feet. Endings: Based on the information provided in the May 28, 1997, Staff Report for CUP 97-08, (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: I. The applicant, Shelly Penic has applied for a conditional use permit for an accessory residential unit to be located at 227 East 12th Street as proposed in the May 28, 1997 Staff Report for CUP 97-08. 2. The Comprehensive Plan land use designation for the subject property is Low Density Residential. 3. The subject property is zoned RS-7, Residential Single Family. 4. A Determination of Non-Significance was issued for this proposal on May 8, 1997, and is attached as Attachment B to the May 28, 1997, Staff Report for CUP 97-08. No appeal was received during the appeal period which ended on May 18, 1997, 5. An accessory residential unit is a conditionally permitted use in the RS-7 zone. 6. Section 17.08.010, B of the Port Angeles Municipal Code defines an accessory residential unit as a dwelling unit which: 1) is incidental to a detached single family residence; 2) is subordinate in space (i.e., fifty percent or less space than the single family residential use); and 3) is located on the same zoning lot as the single family residence. 7. Section 17.08.025, J of the Port Angeles Municipal Code defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit." . . . Planning Commission Minutes - may 18. 1997 Page 3 8. The accessory residential unit is proposed to be located in the basement of the subject lot's existing single family residence. 9. The existing basement is 1,000 square feet in size. 10. The existing single family residence is 1,260 square feet in size. 11. Fifty percent (50 %) of the size of the existing single family residence is 640 square feet. 12. The existing driveway is approximately 90 feet in length. 13. The City's Parking Ordinance requires parking spaces to be a minimum of 18 feet in length, 14. The City's Parking Ordinance requires two off-street parking spaces for each unit of a single, two, or three family structure. Qmclusions: Based on the information provided in the May 28, 1997, Staff Report for CUP 97-08 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. The Comprehensive Plan's Land Use Element Policies A2 and Cl, Housing Element Policies A6, B6, and B7 are directly relevant to the proposed project. B. As conditioned, the proposed use is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2 and CI, Housing Element Policies A6 and B6 and 7, and the regulations of the City's Zoning Ordinance including those of PAMC 17.08.01O-B, PAMC 17.08.025-J, and the RS-7 zone. C. There is sufficient area in the existing driveway to accommodate four parking spaces. D. As conditioned the proposed project is in the public use and interest. The motion was seconded by Commissioner King and passed 5 - O. EXIElSSION OF CONDITIONAL USE PERMIT - CUP 97~ RUJ>_GET RENT A CAR, Northeast comer of Front an<LOalLS.tr.e.ets; Request to allow the continuation of an unimproved commercial parking lot in the Central Business District. . . . Planning Commission Minutes - may 28, } 997 Page 4 Planning Specialist Sue Roberds reviewed the Planning Department' 5 staff report. During revision to the City's zoning regulations in 1995, independent parking lots were removed from being by conditional use permit to permitted uses and, as such, the Planning Department's recommendation is that the use be extended for one additional year but use beyond the additional year would require the parking lot to be improved in compliance with regulations required of off-street parking uses, Chair German opened the public hearing, Jack Heckman, 1411 Pacific Vista, agreed with the staffs recommendation. He also acknowledged that the site has been unkept but that he is making arrangements to have the area cleaned and will see that trash is not allowed to accumulate during the remainder of the temporary use. He answered questions from the Commissioners by saying that the temporary overflow parking area is used mainly when the Budget Rent-A-Car lot is full but that it has also been used during the Arts n' Action activity and as needed as an overflow area for other Downtown activities. Commissioner King asked whether the staffs recommended one year extension would be a problem, to which Mr. Heclanan answered in the negative and stated that if the parking area is required to be upgraded (paving) the cost would be prohibitive, The lot is used only in the event the main Budget lot is full and is the last lot to fill up in the Downtown, In response to Commissioner Nutter's concern regarding the need for dust control, Mr. Heckman responded that there is really not enough activity for dust to be a problem in the area. There being no further testimony or questions, Chair German closed the public hearing. The Commission discussed the difference between a temporary parking area as this has been intended to be versus a short term parking area that would be available for emergency parking needs in the Downtown area. Staffs "wait and see" attitude recommending only a one year extension to evaluate the proposed changes that are pending in the Downtown area was understood and agreed with but the general consensus was not to limit opportunities to provide needed parking in emergency situations on a temporary basis. With that in mind, Commissioner Reed moved to extend the conditional use permit for use of the temporary parking situation with three conditions, and citing the following findings and conclusions: C:ondltion!'l: 1. The extension shall be for a fifteen month period, until August, 1998. 2. A parking lot attendant shall be on-duty during those times when vehicles are being parked. 3. The applicant shall keep the area free of litter during operation of the area as a temporary overflow parking lot. Eindings : 1. The subject site is zoned Central Business District (CBD), which, since 1995, has allowed independent parking lots as permitted uses. 2. The use of the property as a parking lot is not consumptive of the limited land available for development in the Central Business District and can easily be . . . Planning Commission Minutes - may 28. 1997 Page 5 converted to a higher use, 3. There are other independent parking lots in the vicinity. 4. The Victoria ferries generate the need for long-tenn off-street parking in the Downtown area. 5. The City's Parking Ordinance requires parking lots to be paved or otherwise hard surfaced. 6. The Public Works Department has development standards for parking lots that require parking areas to be developed to certain standards. 7. The applicant has operated the parking lot at this location since 1990. 8. There have been no complaints with regard to the operation of the parking lot with the exception of a complaint regarding litter received during the current public notification period. 9. Many improvements are being planned in the Downtown area, in particular in the area under consideration, which may result in the location undergoing major renovation in the near future. 10. Goal B., Policies 14 and 16 of the Transportation Element of the City's Comprehensive Plan encourage off-street parking facilities to be sufficient and accessible within the business and residential areas and that allowances should be made for shared parking facilities. 11. The applicant provided testimony that the parking lot use is minimal and is used as an overflow parking area when the main Budget Rent-A-Car site is full. Conclusions: A. As conditioned, the proposed use is compatible with surrounding commercial uses and with the intent ofthe CBD zone. B. The time period of the use as conditioned is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the intent of Section 17.24 (Central Business District) of the Port Angeles Municipal Code. D. The use is in compliance with the City's Comprehensive Plan goals and policies. E. Compliance with the City's Parking Ordinance and. Public Works standards for parking lots requires a significant investment. F. Based on the testimony provided by the applicant, the subject parking lot does not warrant improvement to required City standards at this time. . . . Pianning Commission Minutes - may 18.1997 Page 6 Commissioner King seconded the motion. Commissioner Nutter opposed the fifteen month extension as it would allow operation through the summer of 1998. Given the degree of involvement of the many civic groups and citizens in the renovation of the Downtown area, operation of the temporary, unimproved parking area may conflict with the renovation proposals for the Downtown due to begin very soon. She agreed with the recommended one year extension for this reason, and would like to see a report from the Port Angeles Downtown Association and/or parking subcommittee regarding their determinations prior to use beyond one year. The motion passed 5 -1, with Commissioner Nutter voting in the negative due to her stated concern. SHOREL~CO~DJTIONALUBE PERMIT - SMA 97-n6-=-~OF PORT ANGELES, Ediz Hook: Installation of sewer pump stations in association with a pressurized sewer line located on Ediz Hook in the PBP, Public Buildings and Parks zone. Planner Sawyer reviewed the Planning Department's report recommending approval ofthe shoreline permit. Commissioner Reed noted that the sewer pump stations are not intended for use by Daishowa mill as the mill has its own sanitary sewer system. City Engineer Kenworthy agreed. Barbara Laurence, 113 Hatchery Road, represented the Lower Elwha Klallam Tribe in stating that the Tribe is very pleased with the use of Larson and Associates by the City to supervise excavation/construction activities in the event of the discovery of culturally significant artifacts. She expressed disappointment that some applicants still do not mention or acknowledge the possibility that sites in the shoreline area may contain culturally significant artifacts. She commented on the use of the State Environmental Policy Act (SEP A) checklist and asked staff to explain how the form is used and how corrections to incomplete or erroneous information are made. At the request ofthe Chair, Planner Sawyer responded that when an application is submitted it is checked by staff for accuracy, and notations are made in the column when information is found to be incomplete or incorrect which remain with the form when it is filed with the Department of Ecology, The procedure for processing and filing of the material with the state was also explained. Mrs. Laurence said that the Tribe really appreciates the work the present staffhas done to inform the Tribe of pending applications and to include the Tribe in decisions that are being made in areas of cultural significance to the Tribe. There being no further testimony, Chair German closed the public hearing. Commissioner King moved to approve the shoreline permit citing the following conditions, findings and conclusions: Planning Commission Minutes - may 18, /997 Page 7 . Conditions of ApproY3l: 1. 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 City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to 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 valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4,5,6 and 7. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. . 5. Construction pursuant to this shoreline conditional use permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Findings: Based on the information provided in the May 28, 1997 Staff Report for SMA 97-06 (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, the City of Port Angeles, Public Works Department applied for a Shoreline Conditional Use Permit on March 12, 1997 and the application was determined complete on April 25, 1997 (Please see the May 28, 1997 Staff Report for SMA 97-06 Attachment A). 2. A Determination of Non -Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on May 12, 1997 and is attached as the May 28, 1997 Staff Report for SMA 97-06, Attachment B. 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, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. . . . Planning Commission Minutes - may 18. J 997 Page 8 5. The site is designated Open Space in the City's Comprehensive Plan, Public Buildings and Parks and Commercial, Arterial in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 ofthe City's Shoreline Master Program indicates utilities are permitted uses in the U-H designation, however, Chapter 6, I, Regulation 4, specifies non-water dependent utilities including sewer system lines and pump stations require a shoreline conditional use permit. 7. The City's waterfront trail runs east and west along the length ofthe project. 8. There are 14 individual septic systems located on Ediz Hook. 9. There is no sewer service available on Ediz Hook. 10. The main sewer line is located in the Marine Drive right-of-way. 11. The majority of the main sewer line was installed as part of Substantial Development Permit No. SMA 94-140. 12. The Public Works Department notified the Lower Elwha Klallam Tribe of its arrangements to have the same archaeologist that was used in association with SMA 94-140 to be present in the same manner for this proj ect and the Tribe has responded positively to this arrangement. Conclusions.: Based on the information provided in the May 28, 1997 Staff Report for SMA 97-06 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 Element Policies A-2, and Utilities and Public Services Element Policies A-I, D-I, 5 and 6, the City's Commercial, Arterial, and Public Buildings and Parks zones, and the City's Shoreline Master Program's Urban- Harbor designation and Chapter 4, Policies B-1 and 2, D-I, E-2, J-2, M-l and 2, and N-I, Chapter 5, Policies D-l and 5, and Chapter 6, Policies I-I, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policies A-2, and Utilities and Public Services Element Policies A-I, D-I, 5 and 6, the City's Commercial, Arterial, and Public Buildings and Parks zones, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-I, E-2, J-2, M-I and 2, and N-I, Chapter 5, Policies D-l and 5, and Chapter 6, Policies I-I, and all associated regulations. c, The project will not be detrimental to the shoreline. Planning Commission Minutes - May 28. 1997 Page 8 . D. As conditioned, the proposed project will enhance the shoreline environment along Ediz Hook. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Nutter and passed 5 ~ o. The Commission took a break at 8:10 p.m. The meeting reconvened at 8:15 p.m. COMniEHE~lY_K.l!LAN AMENDMENTS - CPA 97-03 and 04 - CJIYOE..EORT ANGELES: Incorporation of the City's Customer Service Statement of Values in the Utilities and Public Services Element and to address stormwater treatment standards and water quality issues in the Plan. Planning Specialist Sue Roberds presented the Planning Department's staff report recommending that City's customer service statement of values be incorporated in the Comprehensive Plan as proposed but that no change be recommended regarding stormwater treatment standards and water quality issues as recommended by the Department of Ecology. She supported the recommendation stating that staff had been in contact with Hedia Adelsman, a Department of Ecology reviewer who originally proposed amendments for stonnwater treatment, and has agreed that the City can wait . until the issue of a utility is resolved before making any changes to the Comprehensive Plan itself. Chair German opened the public hearing. There being no one to speak to the issue, he then closed the public hearing. Commissioner Reed moved that the Planning Commission recommend no action at this time on the Department of Ecology suggestion for amendment to stormwater control issues but review the matter again in the future when the issue of a stormwater utility has been resolved, but that amendment to the Utilities and Public Services Element of the Comprehensive Plan be made as follows to incorporate the City's customer service statement of values as follows and cited the following findings and conclusions: Uti.litiesJlndhbJic-B_ernces-Elemen..t Goal ..E. Io-pn1Yide_q.uali~_ialstomer selYic_~hhone.stJ0ntegri ty andJlexihilty-. Policies L Ihe_City-5hould_p.tomote_effurtsJo impro.Y.eJhe......clficienQ.Y--and.-effectiveness-Df customer senic_e~ . 2. Ihe_CitY--should promotc1esponsibility and fiscal accountability in Jhe-PIDyjsiOILOf .c.us.tQIll.eL..S.eIYi.c.e.. . . . Planning Commission Minutes. May 28. /997 Page /0 ~ TheJ::itY-shuuld_encfrurage_a_positive-'lttitude, trust, initiative, and compassion with a high standard of professionalism and .open communicatioaamong its_emplo.y.e.es and with the public~ 4. The_CitJLSho-ulcLr.eSlle.cLdiY..ersity-an.d-Ioster a safe environment i. The City should work in partnership with the community as stewards of the area~s unique_environment and quality of1ife~ O.bj.ediYes L The City will implement a customeLcommitment program that promotes internal and extema~ustomer seIYice. 2, The_customer commitment.pr.o.gr.an:urillincludeJheJieYclopmenLoLa..city-=- wide-5tatemenLoLYJllueLwhiclL5halLhe incorpo.rated in alLaspecls_of customeueIYice. Findings: 1. The City received a reviewing agency's request on October 2, 1995, from the Department of Ecology regarding stormwater level of service standards and water quality goals. 2. The following Comprehensive Plan goals and policies were found to be most relevant: Growth Management Goal A, Policies A.1.j, A I.l, A5, A6, A.12, Objective AI, Conservation Goal B, Policies R5, R6, RIO, B.lt, B.12, Rt4, B.15, Objectives B.2, B.4, B.S, Goal C, Policy C.1, Capital Facilities Goal A, Policies AI, AID, Objective A2, Goal B, Policy B.6, and Objective B.t 3. The City's Comprehensive Plan may be amended once a year. 4. The City recently adopted a customer service statement of values to direct actions of the City's employees in their efforts to provide quality customer service and to facilitate other goals and policies contained in the Comprehensive Plan. C.onclusions: I. The proposal by DOE requires the City to resolve the issue of creating a stormwater utility before more policy statements and standards can be implemented. 2. A delay in considering the requested changes by DOE is in the public interest. 3. The incorporation of the City's customer service statement of values is in the public interest as it enforces the commitment to quality service required of City employees. The motion was seconded by Commissioner Nutter and passed 5 - o. . . . Planning Commission Minutes - May 28, 1997 Page 1 J COMMUNICATIONS FROM THE PUBLIC Sue Roberds indicated that a letter had been received from R.W. Mason, 409 South "B" Street, Port Angeles, who had suggestions as to the use ofthe Rayonier Mill site. The Commission acknowledged the information and asked staff to thank Mr. Mason and explain that a City committee has been studying future uses for the site. The letter will be forwarded to that committee. ST AFF REPORTS None. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 8:30 p.m. Tim German, Chair PREPARED BY: s. Roberds PLEASE SIGNJN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: '1! 01 d!?, /9 9 7 .':~:NAME:~. l~ \.\-'1- \ ~U\?I '-- "l '/::, r~.