HomeMy WebLinkAboutMinutes 06/14/2006
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WAS H I N G TON, U. s. A.
AGENDA
PLANNING COMMISSION
321 East Fifth Street
June 14,2006
6 p.m.
I. CALL TO ORDER
PLEDGE OF ALLEGIANCE - Led by Chair Kidd
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of May 24,2006
IV. PUBLIC HEARINGS:
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1.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-03 -
RAYONIER: A permit to allow the excavation of soils containing hydraulic and
bunker C oil for disposal at the Port Angeles landfill site. The soil removal area will
be refilled with clean soils brought to the site. The site is located in the Industrial
Heavy zone.
2. CONDITIONAL USE PERMIT - CUP 06-03 - PENDERGRASS. 525 West 12th
Street: A permit to allow the conversion of a two story single family residence to
include an accessory residential unit. The site is located in the RS-7 Residential
Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
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PLANNING COMMISSIONERS Chene Kldd (Chalf), DaveJohnson (Vice Chair), Kevm Snyder, Candace Kalish, John Matthews, Stanley Hams, Werner Beier
PLANNING STAFF. Mark Madsen, Director, Sue Roberds, Plannmg Manager, Scott Johns, ASSOCiate Planner; Nathan West, Pnnclpal Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 14, 2006
6:00 p.m.
ROLL CALL
Members Present: Dave Johnson, Cherie Kidd, Kevin Snyder, Candace Kalish, John
Matthews, Werner Beier, and Stanley Harris
Members Excused: None
Staff Present: Sue Roberds, Scott Johns
Public Present: Taylor Jennings, Jack Anderson, Gary Gleason
PLEDGE OF ALLEGIANCE
Chair Kidd called the meeting to order and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Beier moved to approve the May 24, 2006, regular meeting minutes.
Commissioner Snyder seconded the motion which passed unanimously.
PUBLIC HEARINGS:
Chair Kidd indicated that those who testify must sign the "Sign In" log and affirm that their
testimony will be truthful to the best of their knowledge.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-03 -
RA YONIER: A permit to allow the excavation of soils containing hydraulic and
bunker C oil for disposal at the Port Angeles landfill site. The soil removal area
will be refilled with clean soils brought to the site. The site is located in the
Industrial Heavy zone.
Associate Planner Scott Johns presented the Department's report recommending approval
of the shoreline substantial development permit with conditions and corrected a finding in the
staff report by including information regarding the public notification process. Planner Johns
responded to questions from Commissioner Beier regarding removal of the soils such as whether
the contractor is required to be licensed and where the spoil materials will be finally placed. Mr.
Johns noted that this action is considered interim to the final cleanup procedure. Application
materials contain detailed information on the petroleum contaminated soil cleanup process and
clean soil placement. The current application review deals only with the construction activity
that is proposed to be within 200' of the shoreline area, and it is not intended to cover the
ultimate placement of spoiled soils at another site. The spoils placement will be strictly covered
by Department of Health and Department of Ecology regulations and oversight. Staff has been
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Plannmg Commission Minutes
June 14, 2006
Page 2
informed that the Department of Health and State Department of Ecology are reviewing the
placement of spoil materials at the Port Angeles landfill site, and are in agreement with the
proposed action at this time. Chair Kidd noted for the record that she is a member of the Port
Angeles Downtown Association (P ADA). The topic of the Rayonier clean up has taken place at
P ADA meetings. No one objected to Ms. Kidd's participation in the meeting deliberations.
Chair Kidd then opened the public hearing.
Jack Anderson, 700 North Ennis Street, Rayonier Mill Site Manager responded to
questions. Mr. Anderson answered questions regarding the "smear zone" from which
contaminated soils would be removed and work therein. Rayonier signed an agreement with the
Lower Elwha Tribe that Larson and Associates would oversee work in areas known to be of
archaeological interest to the Tribe. However, the proposed work is not in these known areas.
Mr. Anderson further explained that the term "interim" is defined as "before closure" of
the mill. The proposed area is one of the last of two areas known to contain petroleum
contaminates within the mill site.
There being no further questions, Chair Kidd closed the public hearing.
Following continued discussion, Commissioner Kalish moved to approve the
shoreline substantial development permit with the following conditions, findings, and
conclusions:
CondltlOns:
1.
If the subject site has not been previously inventoried, evaluated, and reviewed to the
satisfaction ofthe 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 Development. 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.
All work shall be carried out as outlined in the April 27, 2006, document titled "Interzm
Action Work Plan Port Angeles Mill Site': authored by GeoEngineers, Inc of Redmond
Washington, and located in the file on record at the City of Port Angeles.
The applicant shall be responsible for obtaining a Port Angeles Landfill Waste Disposal
Application.
The applicant is responsible for obtaining all required permits from county, state, and
federal agencies prior to commencing work.
The applicant shall post the Waterfront trail warning trail users of truck crossing activities
during the hours of work in the case the trail is to remain open during the the project.
If Rayonier intends to close the Waterfront Trail during daylight hours, they shall notify
the Peninsula Daily News in a timely fashion such that notice of the closure may be
published a minimum of 48 hours prior to the actual closure of the trail.
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Plannmg CommiSSIOn Mmutes
June 14, 2006
Page 3
Findings:
Based on the information provided in the June 14,2006, Staff Report for SMA 06-03 (including
all of its attachments), comments and information presented during the public hearing, and the
Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1. An application for a shoreline permit was submitted by Rayonier Inc., on April 25, 2006,
for the removal of soils contaminated with diesel and lube oil range petroleum
hydrocarbons.
2. In accordance with the Shoreline Management Act and the local SMP, a conditional use
may be granted if all five of the specified criteria can be met, as well as consideration of
the cumulative effects of such requests has been made. These include assurances related
to the proposed project that: 1) applicable policies are maintained, 2) public use ofthe
shoreline is not impacted, 3) compatibility with adjacent uses can be made, 4) no adverse
effects to the shoreline will result, and 5) that the public interest is maintained. As
conditioned, the proposal meets the criteria specified.1
3.
A Determination of Non-Significance was issued by the City of Port Angeles SEP A
Responsible Official for the proposal on May 30, 2006.
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 Open Space and Industrial, with a portion located in the imprecise
margin between the designations, on the City's Comprehensive Plan Land Use Map,
Industrial Heavy in the City's Zoning Ordinance, and Urban-Harbor in the City's
Shoreline Master Program.
The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policies A-2; the City's Shoreline Master
Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, H, 1-4,
J-2, and N-2, Chapter 5, Policies D-1 and 2, and all associated regulations.
The City's waterfront trail runs east and west along the length ofthe site. The trail may
be closed during portions of the work period.
Notice of the project was published in the Peninsula Daily News on May 7, 2006. Notice
was mailed to property owners within 300 of the subject property on May 3, 2006. The
site was posted on May 10, 2006. One public comment was received by the Department
of Community and Economic Development. The issues raised were considered during
the SEP A review and analysis of the potential impacts to the shoreline based on the
application materials, conversation and written communications with representatives of
Rayonier, Clallam County Department of Environmental Health, and Washington State
Department of Ecology.
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Planmng Commission Mznutes
June 14, 2006
Page 4
Conclusions:
Based on the information provided in the June 14,2006, Staff Report for SMA 06-03 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:
1. The proposed project as conditioned, is consistent with the City Comprehensive Plan and
Shoreline Master Program.
2. The project will not be detrimental to the shoreline.
3 As conditioned, the proposal meets the criteria for a Shoreline Substantial Development
Permit
4 As conditioned, the proposed project will not interfere with public use oflands or waters.
The motion was seconded by Commissioner Matthews and passed unanimously.
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CONDITIONAL USE PERMIT - CUP 06-03 - PENDERGRASS. 525 West
12th Street: A permit to allow the conversion of a two story single family
residence to include an accessory residential unit. The site is located in the RS- 7
Residential Single Family zone.
Planning Manager Sue Roberds presented the Department's report recommending
approval of the conditional use permit with conditions. Chair Kidd opened the public hearing.
The applicant previously indicated that he would not be able to be present. Staff offered
to respond to any specific questions on behalf of the applicant with regard to site conditions and
the proposal itself. There being no one to speak to the issue, Chair closed the public hearing.
Discussion took place regarding the fact that although a duplex activity occurred on the
site for a lengthy period of time prior to 1992, that use was conducted without permitting that
would allow for the duplex to be considered legal under current zoning standards. The
nonconforming pre existing duplex use ceased to exist in 1992 - 2006. Current regulations
require 10,500 square feet for a duplex use in the RS-7 zone. Staff worked with the applicant
and determined that the property area and site development would allow for an application to be
made for an accessory residential unit. No exterior changes are anticipated for the proposed
converSIOn.
Commissioner Snyder moved to approve the conditional use permit with the
following conditions, findings, and conclusions:
Conditions:
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1. Separate electrical meters are required for each dwelling unit. Addressing for each
dwelling unit shall be clearly identified as 525 and 527 West 12th Street. Address numbers
must be at least six (6) inches in height and readily visible from the street and of
contrasting color from their background.
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Plannzng Commisszon Mznutes
June 14, 2006
Page 5
2. Two (2) off-street parking spaces are required for each residential dwelling unit for
a total of four (4) spaces.
3. Smoke detectors are required per the International Residential Code.
4. Driveway and site access shall be constructed to Public Works and Utilities
Standards.
5. All utility improvements including water, sanitary sewer, storm drainage and
electrical are to be completed to the satisfaction of the Public Works and Utilities
Department.
Findings:
Based on the information provided in the Community Development Staff Report for CUP
06-03 dated June 14, 2006, 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.
Paul Pendergrass submitted a Conditional Use Permit application for an accessory
residential unit on May 12, 2006. The applicant owns the subject property.
2. The proposed site is legally described as Lot 14 Block 348 of the Townsite of Port
Angeles and is located at 525 and 527 W. 12th Street.
3. The site is zoned Residential Single Family (RS-7) and is 7,000 sq.ft. in area.
4. The Comprehensive Plan designates the site as Low Density Residential. Adjacent
designations are also Low Density Residential. The site is located in the City's
North Central Planning Area. The subject site is located on the north side of W.
12th Street east of Cedar Street. Development in the neighborhood includes
predominately single family residential uses. The nearest multi-family use can be
found at the intersection ofW. 8th and Cedar Street 1,500 north ofthe site.
5.
Per 17.96.050 P AMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are
consistent and compatible with the purpose of the zone in which the use is located,
consistent with the Comprehensive Plan, and not contrary to the public use and
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. Conditional
uses shall be evaluated to determine if the characteristics of the intended use as
related to the specific proposed site would defeat the purpose of the City's Zoning
Regulations by introducing incompatible, detrimental, or hazardous conditions.
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Planmng CommiSSIOn Mmutes
June 14, 2006
Page 6
The Planning Commission may refuse to issue a conditional use permit if the
characteristics of the intended use would defeat the purpose of the City's zoning
regulations. The City's Comprehensive Plan was reviewed for consistency with
the proposal.
6.. 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.
7. Site access must comply with Public Works and Utilities Standards.
8. Notification of the proposed action and conditional use permit application was
placed in the Peninsula Dazly News on May 18, 2006. Public notice was mailed to
property owners within 300 feet ofthe subject property on May 15, 2006. The site
was posted on May 16, 2006. No comments were received as a result ofthe public
notice period.
9. A Determination of Non-Significance was issued for this proposed action on June
9, 2006.
10.
The Planning Commission conducted a public hearing on the proposal at the June
14, 2006, regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Report for CUP 06-03 dated June 14,2006, including all of the information in the public
record file, comments, and testimony presented during the public hearing, the Planning
Commission's discussion and deliberation, and the above listed conditions of approval and
listed findings, the City of Port Angeles Planning Commission hereby concludes that:
1. As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan, specifically with Land Use Element Goal A and Policy A.2 and C2, Housing
Element A.6 and B.6, and Transportation Element Policy B.14.
2. The proposal is consistent with requirements for approval of a conditional use
permit as specified in P AMC 17.96.050, and with the requirement of a conditional
use permit for an accessory residential unit in the RS-7 per PAMC 17.10.040(A)
3. As conditioned, the proposal is consistent with P AMC Chapter 14.40 (Parking
Ordinance).
4.
The use is in the public interest as it allows for a variety of housing opportunities.
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Planmng CommiSSIOn Mmutes
June 14, 2006
Page 7
5. The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied.
The motion was seconded by Commissioner Kalish and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Associate Planner Scott Johns noted that the City Council approved the 2006
Comprehensive Plan and Land Use Map amendments on June 6, 2006, with little change
from the Commission's recommendation with the exception that the Council did not
approve a revision to the Land Use Map for the property identified in the Park
Avenue/Porter Street area.
REPORTS OF COMMISSION MEMBERS
Chair Kidd noted that she continues to attend the Clallam County Planning
Commission meetings and hopes that a joint meeting between the two commissions can
occur.
Commissioner Snyder asked to be relieved of his appointment as a Commission
representative to the Port Angeles Forward Committee. His work schedule is such that he
is not able to fully participate in the morning meetings. It was noted that he will remain
of that group as a member at large, as he was previously appointed as such by the City
Council. Commissioners then concurred to appoint Dave Johnson as the Commission
representative to the Port Angeles Forward Committee with Cherie Kidd as backup.
ADJOURNMENT
The meeting adjourned at 7 p.m.
Sue Roberds, Secretary
PREPARED BY: S. Roberds
~ORTANGELES
WAS H I N G TON, USA
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLEASE SIGN IN
Meeting Agenda of:
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To help us provide an accurate record of those in affenda e, please sign in. Your
signature acknowledges your presence. If you plan to testify, by your signature below, you
certify that the testimony given is true and correct under penalty of perjury by the laws of the
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NAME: ADDRESS: Agenda Item No.
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