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HomeMy WebLinkAboutMinutes 06/22/2005 I. II. III. IV. . V. FORTANGELES WAS H I N G TON, U. S. A. ECONOMIC & COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 22, 2005 6 p.m. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: Regular meeting of June 8, 2005 PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 05-01 - CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES DEPARTMENT: Construct a stormwater management system for current and future proj ects at the Port Angeles Landfill. CONTINUED HEARING: PRELIMINARY SUBDIVISION - CRABAPPLE COURT - Crabapple Place: A proposal to develop a 16-unit subdivision in the RS-9 Residential Single Family zone. (This item will be further continued..) VI. PUBLIC MEETING: FINAL CONSIDERATION OF THE OLYMPIC HEIGHTS SUBDIVISION. 14th and "N" Streets: Proposal to final Phase II of the 32-unit subdivision in the RS-9 Zone. VII. COMMUNICATIONS FROM THE PUBLIC VIII. STAFF REPORTS IX. REPORTS OF COMMISSION MEMBERS . X. ADJOURNMENT PLANNING COMMISSIONERS Len Rasmussen (Chalr),Chene Kldd (VIce Chalr),Dave Johnson, KevIn Snyder,Betsy Wharton, Candace Kalish, John Matthews PLANNING STAFF Mark Madsen, Director, Scott Johns, AssocIate Planner, Sue Roberds, AssIstant Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 22, 2005 6:00 p.m. ROLL CALL Members Present: Leonard Rasmussen, Dave Johnson, Kevin Snyder, Candace Kalish, John Matthews Members Excused: Cherie Kidd, Betsy Wharton Staff Present: Sue Roberds, Scott Johns Public Present: Suzann Pilot, Dick Cavanaugh, J elorma McClean, Clay Rennie APPROVAL OF MINUTES Commissioner Matthews moved to approve the minutes as submitted with the corrections included in the minutes by Commissioner Rasmussen. The motion was seconded by Commissioner Johnson and passed 4 - 0 with Commissioner Snyder abstaining due to his absence at the meeting. PUBLIC HEARINGS: Chair Rasmussen 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. PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 05-01 - CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES DEPARTMENT: Construct a stormwater management system for current and future proj ects at the Port Angeles Landfill. Associate Planner Scott Johns reviewed the Department's report recommending approval of the shoreline substantial development permit as conditioned. He noted that no comment was received from other agencies that had been notified of the proposal including the Lower Elwha Tribe. As there was no representative from the Public Works and Utilities Department to speak to the issue, he noted that he would answer any questions that may occur. Chair Rasmussen opened the public hearing. There being no one to speak to the issue, he then closed the public hearing. Following brief discussion regarding the project, Commissioner Snyder moved to approve the shoreline substantial development permit with the following conditions, and citing the noted findings and conclusions: . . . Plannmg CommiSSIOn Mmutes June 22, 2005 Page 2 ConditlOns 1. Best Management Practices (BMPs) such as, but not limited to, placement of silt fencing, covering exposed soils with straw or plastic sheeting, use of straw bales in open ditches, and washing equipment tires before travel on City streets shall be used during all construction phases. 2. Immediately upon completion ofthe access road improvements, all disturbed areas shall be re-vegetated with native plant materials at a ratio similar to the pre-disturbance condition. 3. Prior to any construction activity, the applicant, shall obtain any permits required by State or Federal agencies, including but not limited to Department of Ecology, Department of Natural Resources, Department ofFish and Wildlife, Army Corp of Engineers, US Fish and Wildlife, and NOAA Fisheries. Findings Based on the information provided in the June 22, 2005, Staff Report for SMA 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. An application for a shoreline permit was submitted by the City of Port Angeles, Public Works and Utilities Department on April 25, 2005, for the development of a stormwater management system at the Port Angeles Landfill. The application indicates that a portion ofthe work will occur within the shoreline jurisdiction. Best management practices will be incorporated to address potential erosion and water quality impacts from the construction. 2. In accordance with the Shoreline Management Act and the local Shoreline Master Program, a conditional use permit may be granted if all five ofthe specified criteria can be met, as well as consideration of the cumulative effects of such requests. These include assurances related to the proposed project that: I) applicable policies are maintained; 2) public use of the 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. 3. Chapter 5 ofthe City's Shoreline Master Program indicates that utilities are conditional uses in the U-SP designation; however, Chapter 6.1. Regulation 12. specifies waste-water outfalls are a permitted use. 4. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on June 3, 2005. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. . . . Planmng CommISSIOn Mmutes June 22, 2005 Page 3 6. The site is designated Industrial in the City's Comprehensive Plan, Public Buildings and Parks on the City's Zoning Map, and Urban-Shoreline Protection in the City's Shoreline Master Program. 7. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, Conservation Element Policies B.1, 2, 9, 10, 12, and 19 and Objectives 3 and 4, and Goals D.2, 6, and 10, Capital Facilities Element Policies A-10, and B.6; the City's Shoreline Master Program's Urban-Shoreline Protection designation and Chapter 4, Policies B-1 and 2, C-1 through 6, D-1, E-1 & 2, J -2, M-l and 2, and N-2, Chapter 5, Policies E-l through 4, and Chapter 6, Policies 1-1,2,3,5, and Regulations 1 -13. 8. No developed public access exists at this location. However, lawful access to the shoreline exists for maintenance purposes which was constructed in accor4dance with Federal and State law. Improvement to this access is planned and must not disrupt natural functions and values of the environmentally sensitive area Conclusions Based on the information provided in the June 22, 2005, Staff Report for SMA 05-01 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project as conditioned, is consistent with the City's Comprehensive Plan Shoreline Master Program. B. The proj ect will not be detrimental to the shoreline. C. As conditioned, the proposed project will not interfere with public use oflands or waters. D. As conditioned, the proposal meets the criteria for a conditional use permit. The motion was seconded by Commissioner Kalish and passed 5 - O. CONTINUED PUBLIC HEARING: PRELIMINARY SUBDIVISION - CRABAPPLE COURT - Crabapple Place: A proposal to develop a l6-unit subdivision in the RS-9 Residential Single Family zone. Chair Rasmussen opened the continued public hearing. Following a brief statement from staffthat the applicant needs more time prior to action on this issue, Commissioner Kalish moved to continue the hearing to August 10, 2005, 7 p.m. The motion was seconded by Commissioner Johnson and passed 5 - O. . Plannmg CommiSSIOn Mmutes June 22, 2005 Page 4 PUBLIC MEETING: FINAL CONSIDERATION OF THE OLYMPIC HEIGHTS SUBDIVISION. 14th and "N" Streets: Proposal to final Phase II of the 32-unit subdivision in the RS-9 Zone. Assistant Planner Sue Roberds reviewed the Department's memorandum explaining how the applicants have met the conditions of preliminary approval for Phase II ofthe subdivision. She noted that an engineer's estimate was submitted that included improvements to 14th Street abutting the subdivision to standard improvements rather than low impact development standards. An assignment of savings has been accepted by the City Engineer at 150% the estimated cost of completion of the infrastructure improvements which allows the phase to be finaled under the Port Angeles Municipal Code provisions. Commissioner Snyder added that the development looks very good and commended the developers on their proposal to complete 14th Street with standard improvements to match the existing street improvement. Commissioner Rasmussen agreed. Commissioner Snyder moved to recommend that the City Council approve the final of Phase II adding one condition per the developer's statement, and cited the following findings and conclusions in support ofthe recommendation: . Condition: 1. A bond or assignment of savings in the amount of 150% of the engineering estimate to complete infrastructure improvements as required shall be submitted and approved by the City Engineer prior to final of Phase II ofthe subdivision. Wording such that "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer" shall appear on the face of the final plat. Findings: 1. A 32-unit residential subdivision was approved in the RS-9 Residential Single Family zone on March 16, 2004 for Olympic Land Development, Inc. The preliminary subdivision was approved to be finaled in three phases: Phase I consists of Lots 1 - 6, Phase II consists of Lots 7 - 19, and Phase II consists of Lots 20 - 32. Conditions of approval were attached to preliminary plat approval to ensure that the requirements of the City's subdivision regulations, codified as Section 16.08 ofthe Port Angeles Municipal Code, and the State's subdivision standards, 58.17 RCW, are met 2. Phase I of the subdivision, entitled "Olympic Heights" was finaled by the City Council on November 16, 2004. 3. Section 16.08.070 of the Port Angeles Municipal Code allows that if a preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one ofthe following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; . . . . PlanlJlng CommISSIOn MlI1utes - June 22, 2005 Page 5 2. Furnishing to the City an assignment of savings or another approved security or placing in trust, an amount equal to 150% of the cost ofthe improvements as determined by the City Engineer, which assignment shall assure to the City the installation of the improvements to the satisfaction and approval of the City Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may be removed therefrom without prior written approval ofthe City, and shall further provide that, ifthe improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction ofthe City Engineer, the City may withdraw from the savings account or other security an amount necessary to complete the required improvement(s). The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust. 4. The applicants requested final of Phase II (Lots 7 - 19) ofthe subdivision on June 14,2005, and submitted an assignment of savings equal to 150% of the cost of completion of the roadway and utility improvements per Section 16.08.050 PAMC as approved by the City Engineer. The City Engineer has approved the assignment amount relative to completion of the incomplete roadway and utility improvements. 5< The applicant submitted a letter on June 14,2005, with regard to the improvement of 14th Street abutting the subdivision being developed as a standard street rather than to lot impact development standards. Conclusion: A. As conditioned, conditions of subdivision approval have been met and therefore the subdivision is found to be in the public interest and in compliance with standards for subdivisions as set forth in RCW 58.17 and 16.08 PAMC. The motion was approved by Commissioner Kalish and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Associate Planner Johns informed commission members of upcoming issues particularly with regard to a planned residential development that will be under consideration at the July 13 meeting. REPORTS OF COMMISSION MEMBERS The subject of further expansion of the urban growth areas was discussed as well as mechanisms for off-site improvements. The Local Improvement District (LID) process was explained and it was noted that LIDs are exceedingly difficult to organize and don't always function well. Plannmg CommissIOn Mmutes Page 6 Commissioner Snyder gave a brief report of his attendance at a recent Port Angeles Forward meeting which is now meeting on the second Thursday of each month at 7 :30 a.m. in City Hall. The most recent meeting realized a 50% to 80% attendance which indicates that this is a better meeting date and time. As a comment to Commissioner Snyder's summary of subjects discussed by the Committee, Planner Johns noted that a local artist of some renown has been commissioned to design unique street benches to enhance the Downtown streetscape. The Commissioners agreed that it would have been helpful to have someone from the Public Works and Utilities Department present to speak to that application and asked that, in the future when City applications are on the agenda, someone be present representing the issues. Staff apologized for the absence but noted that there must have been some confusion because it is normal for the responsible department to send a representative. . ADJOURNMENT The meeting adjourned at 7:15 p.m. PREPARED BY. S. Roberds . . pORTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN , Meeting Agenda of: ,JI"-''''- Q ~::. ,2CQ2,- To help us provide an accurate record of those in attendance, 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 State of Washington. Signature below DOES NOT REQUIRE you to testify. Agenda Item No. C: \M y Flles\Forms\Mtgrostpc. wpd