HomeMy WebLinkAboutMinutes 06/23/2004
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pORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
June 23, 2004
6 p.m.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of June 9, 2004
IV. PUBLIC HEARINGS:
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1.
EXTENSION OF CONDITIONAL USE PERMIT ~ CUP 03-06 - P A FARMER'S
MARKET. Laurel Street: Extension of Saturday farmer's market activity in the
Central Business District. (The applicant has asked that this item be continued to the
July 28 meeting.)
2. PRELIMINARY SUBDIVISION - VINCENT - 2500 Block West 10th Street:
Reconsideration of a 12-unit preliminary subdivision on a 5 acre property in the RS-9
Residential Single Family zone.
3. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE
PERMIT. SMA 04-04 - NIPPON PAPER. 1900 Block Marine Drive: Request to
allow the construction of a small office addition to an Industrial Heavy property
located within the shoreline.
4. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-02 - CITY
OF PORT ANGELES. shoreline area at Port Angeles landfill site - West 18th Street.
Request to allow investigatory work to collect wind, wave, and current information
for analysis purposes.
5.
SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE
PERMIT - SMA 04-03 - CITY OF PORT ANGELES. Crown Park: Request to
construct drainage improvements and sanitary sewer line installation.
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v.
COMMUNICATIONS FROM THE PUBLIC
VI.
STAFF REPORTS
VII.
REPORTS OF COMMISSION MEMBERS
VIII.
ADJOURNMENT
PLANNING COMM ISSIONERS: Fred Hewins (Chair),Len Rasmussen (Vice Chair), Chuck Schramm, Fred Norton, Linda Nutter, Bob Philpott, Dylan Honnold
PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 23,2004
6:00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Norton, Linda Nutter, Leonard
Rasmussen, Dylan Honnold
Members Excused:
Fred Hewins, Chuck Schramm
Staff Present:
Brad Collins, Scott Jo1ms, Jim Mahlum, Steve Sperr
Public Present:
Bob Coons, Darrel Vincent, Betty Borhs, Tylor Ahlgren, Bill
Webb, Dean Reed, Jo1m McKee, Bill Dawson
APPROVAL OF MINUTES
Commissioner Philpott moved to approve the June 9, 2004, meeting minutes. The
motion was seconded by Commissioner Norton and passed 5 - O.
. PUBLIC HEARINGS:
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Vice 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.
EXTENSION OF CONDITIONAL USE PERMIT - CUP 03-06 - PA FARMER'S
MARKET. Laurel Street: Extension of Saturday farmer's market activity in the Central
Business District. (Continued to the July 28 meeting.)
Director Collins explained that the applicants have been working with the Port Angeles
Downtown Association on a survey of the last year's impact on business due to the market use on
Saturdays, and asked that this item be continued to the July 28 meeting in order to have the results
of the survey. Vice Chair Rasmussen opened the public hearing. Commissioner Nutter moved to
continue the public hearing to the July 28, 2004, meeting. The motion was seconded by
Commissioner Honnold and passed 5 - o.
PRELIMINARY SUBDIVISION - VINCENT - 2500 Block West 10th Street
Reconsideration of a 12-unit preliminary subdivision on a 5 acre property in the RS-9
Residential Single Family zone.
Assistant Planner Sue Roberds reviewed the Department's memorandum regarding review
of the preliminary subdivision and referred to the April 14, 2004, staff report for additional
background information. Director Collins added that the only issue that the City will monitor in this
subdivision development is off-site drainage. Site engineering will require that off-site drainage not
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Plonning Commission Minutes
Junc23,2004
Page 2
increased as a result of site development and may not exceed the levels that occur prior to
development. Vice Chair Rasmussen opened the public hearing.
Darrel Vincellt, 711 East Front Street, Port Angeles, W A had no further comment on the
application but thanked staff for their assistance in working through the site development issues.
Bob Coons, 1017 Flores, Port Angeles, WA noted his written comments and expressed
criticizm of the subdivision process in that he has been unable to identify where his property line is
and what the remaining distance will be to existing structures when development of the adjoining
right-of-way is complete. He is aware that development of his property includes a good deal ofthe
City right-of-way and that, ifthe right-of-way is developed as a street, most of his yard is in danger
of being exposed or developed as right-of-way. He asked that a condition that a ditch not be
developed along his side of the right-of-way and that vegetation along the undeveloped portion of
the Milwaukee Drive right-of-way remain undisturbed or be replaced to act as a natural barrier to
his property. Without a survey, answers are not available to identify impacts to his property. No
engineering report has been prepared and he is concerned that stormwater and visual impacts will
impose very negative impacts to his property. He explained that water has been known to stand two
to three feet deep for months on properties in the area. Without being able to review engineering
designs for development oftheright-of-way and stormwater impacts following development, he felt
unable to provide adequate comment on the application. While he realizes that it is unlikely that the
City will actually develop the fulll 00- foot right-of-way width of Milwaukee Drive, he is concerned
that the heavy vegetation barrier will be decimated and he will be left looking at a 250-foot of
roadway. He asked for mitigation of the visual impacts that will be caused by development in the
area by conditioning the project such that the developer provide plants such as photina that he will
plant and maintain in lieu of the natural vegetation.
In response to a question from Commissioner Philpott, by the use of an overhead display, Mr.
Collins identified where structures in the area lay in relation to the Milwaukee Drive right-of-way.
For the most part, encroachments into the right-of-way are yards with the exception of one small
storage building on Mr. Coons' neighbor's property. If developed to full width, right-of-way in the
area would occupy most of Mr. Coons' yard; however, nonnally speaking, unused right-of-way can
be maintained by an adjoining property owner.
Mr. Collins noted that the engineering reports that Mr. Coons is asking for are not required
until after preliminary approval. As the reports are developed, the City's Engineering Department
will try to work with the neighbors to advise them of options and to try to come up with a plan that
minimizes any negative impacts to properties in the area. Mr. Collins indicated that a condition
could be added to require a meeting during the design process between the Engineering Department
and the neighbors to discuss development of the street and stormwater drainage issues.
Commissioner Nutter agreed and suggested that two meetings be required with the neighborhood.
Commissioner Norton agreed that there should be a condition to work with the neighborhood,
but didn't think that the number of meetings should be dictated as it borders on micro-management.
John McKee, 1018 Flores, Port Angeles, WA identified his property on the overhead
display. Ofthe 4.11 acres that he owns, a good deal ofwater, up to 1'6" of standing water is normal
for several months during the winter. Huge amounts of water flow across his property during the
year. He found it difficult to believe that benchmark can be established for what a nonnal amount
of water is with so much water running in the area. With so much water apparent on his property,
who will determine ifmore waterresults from the development? The Milwaukee Railroad right-of-
way is raised in the area some 5' above grade so the development of a a ditch will do no good.
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Planning OJmmission Minutes
June 23, 2004
Page 3
Mr. Coons pointed out that some years ago the City dug a ditch in the area from West loth
Street and directed water runoff down Milwaukee Drive to West 10th Street.
Jim Mahlum~ Civil Engineer, City Public Works and Utilities Department, noted that one of
the challenges facing the applicant's engineer will be to develop the stormwater drainage on the site
to pre-European conditions. Such design will help the entire area because planning and engineering
is required to handle water at fully forested, undeveloped conditions for a 25-year storm event -
which is a great deal of water. No plan is currently in place.
Director Collins noted that even with engineering designed to the pre-European conditions,
given the conditions that Mr. McKee described for his property, required site engineering will not
fix the water problems in the area. However, such engineering should ensure that an increase in
water in the area is not due to development of the site. Existing development will continue to see
an excess of water without the engineering and implementation measures that will be required of Mr.
Vincent due to his planned development as existing homes were not required to be developed to
today's standards.
There being no further testimony, Vice Chair Rasmussen closed the public hearing.
Following discussion on the issues previously discussed, Commissioner Norton
recommended approval of the preliminary subdivision subject to the following conditions,
findings, and conclusions:
Conditions:
1.
The interior cul-de-sac shall be named Adelaide Drive, dedicated, and constructed per the
City's urban service standards, which includes a 20' asphalt surface with ditches and a
minimum 4' pedestrian walking path separated from the roadway by the ditch prior to
approval of the final plat. Signage shall be placed on the interior cul-de-sacs indicating that
on-street parking is prohibited along both sides of the street.
2. Twenty-four (24') foot of paving is required along the subdivision frontage of Milwaukee
Drive per the City's Arterial Street Standards with an 8' walking path and ditching as
prescribed in the City's low impact development standards east to meet the improved street
surface on Milwaukee Drive. No improvement is required to West Tenth Street. Street trees
shall be planted along the arterial per the City's Urban Services and Guidelines Policy
3G.I00 Street Trees and Landscaping.
3. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a
maximum 1000' of separation distance. Wording shall be placed on the final plat and
recorded with the County Auditor upon filing of the final subdivision indicating that all
residences shall be fitted with residential sprinkler systems prior to occupancy.
4. Electric utility service shall be underground.
5.
Prior to final plat approval, an 8 inch water service shall be extended to the lots as required
by the Public Works and Utilities Department.
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Planning Commission Minutes
June 23. 2004
Page 4
6. Stormwater improvement plans shall be submi tied for approval per the Ci ty' s Urban Services
Standards and Guidelines and installed prior to final plat approval. The subdivision shall be
redesigned to be approved by the City to accommodate existing stormwater drainage needs
and may result in the reduction to 11 lots. No net increase from existing drainage will be
allowed following development.
7. Sanitary sewer and water shall be extended to the new lots as required by the Public Works
Department from Milwaukee Drive.
8. Building setback areas shall be identified on the final plat and address numbers provided by
the City's Building Division shall be placed on the lots.
9. The Department of Public Works and Utilities shall schedule a preliminary design meeting
for Milwaukee Drive improvements with the applicant, the applicant's engineer, adjacent
neighbors, and the City's engineering staff to review design issues and schedule a final
design meeting with interested parties to identifY the improvements before installation
occurs.
Findings:
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1.
Preliminary approval is for an 11- 12-unit subdivision submitted by Darrel Vincent on
February 20, 2004, identified as being in Suburban Lot 57 within the Townsite of Port
Angeles. The approximately 5 acre site is located south of Milwaukee Drive west of West
Tenth Street.
2. The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS-9) which allows a density of up to 9 units per acre. The preliminary drawing
indicates that the proposed development will result in an approximate density of2.5 units per
acre.
3. Chapter 16.08 ofthe Port Angeles Municipal Code (pAM C) sets forth local requirements for
the approval of subdivisions and Section 16.08.050(B)(1) P AMC provides that the Planning
Commission shall examine the proposed plat, along with written recommendations of the
City Departments, and shall either approve or disapprove the submittal. A recommendation
thereon shall be forwarded to the City Council within a period of90 days after a preliminary
plat has been submitted to the City Planning Department. The City Council shall either
approve or disapprove the proposed preliminary plat at a public meeting.
4.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State. Section 58.17.110 requires a city to inquire into the public
use and interest proposed to be served by the establishment of a subdivision and determine
if appropriate provisions are made for, but not limited to, the public health, safety, and
general welfare, for open spaces, drainage ways, streets or roads, alleys and other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, and schools and shall consider all other relevant facts including sidewalks and
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Planning Commission Minutes
June 23.2004
Page 5
other planning features that assure safe walking conditions for students who only walk to and
from school and whether the public interest will be served by the subdivision. A proposed
subdivision shall not be approved unless the city can make written findings that these
provisions are made.
5. The proposal was reviewed with regard to the City's Subdivision Ordinance (Section 16.08
P AMC) which provides specific design standards which are expected of subdivisions within
the City limits while the City's Urban Services Standards and Guidelines indicates that street
trees should be planted along arterial streets and provides guidance for such placement and
tree species. The City's Urban Services and Guidelines Standards (Section 3G.I00 Street
Trees and Landscaping) suggests that street trees should be planted on arterial streets in the
City and in other specified areas. The design standards identified in Section 16.08.060 F
P AMC state that street trees are a protection against excessive heat and glare and enhance
the attractiveness and value of abutting property. The City will assist the subdivider in
location of trees and species to use under varying conditions. It is recommended that trees
be planted inside the property lines where they are less subject to injury, decrease the chance
of motor accidents and enjoy more favorable conditions for growth. If trees are to be
planted within a planting strip in the right-of-way, their proposed locations and species to be
used are to be submitted for review and approval by the City.
6.
Section 16.08 PAMC states that the final plat shall be submitted to the Community
Development Department within five years after City Council approval of the preliminary
plat. Said preliminary approval shall become void unless a final plat is submitted and
approved by the City within the five year period.
7. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed
subdivision and their comments and specific conditions have been incorporated in the
Department's recommendation. Water, power, garbage pickup, telecommunications, sewer,
stormwater, streets, and emergency services are available within acceptable standards to the
site or will be extended through conditions to the preliminary plat.
8. The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan land use map.
9.
The Comprehensive Plan requires concurrency at the time of development for streets, water
service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A9)
and should require concurrency at the time of development for solid waste collection,
stormwater management, telecommunications service, and emergency service (Capital
Facilities Element Policy AI0). The proposal has been reviewed with respect to the
Comprehensive Plan and the following Comprehensive Plan policies are relevant to the
proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2,
Goal B, Policy B. I, B.2, B.3, and B.4, Goal C; Transportation Element Goal A, Policy A3,
A.6, B.1O, B.ll, B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital
Facilities Element Goal A, B, PolicyB.l, B.3, B.4, B.5, B.6, B.7, C.2, C.3, C.4, and C.5.
Planning Commission Minutes
June 23, 2004
Page 6
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10.
The purpose of the City's RS-9, Residential Single Family zone is a low density residential
zone intended to create and preserve urban single family residential neighborhoods
consisting of predominantly single family homes on larger than standard Townsite-size lots.
Uses that are compatible with and functionally related to a single family residential
environment may be located in this zone. Because of land use impacts associated with
nonresidential uses, few nonresidential uses are allowed in this zone and then only
conditionally. This zone provides for a variety in the urban land use pattern for the City's
single family residential neighborhoods, following a curvilinear street system of nonthrough
public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and
60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually
located in outlying areas with large tracts of vacant buildable land.
11. The site is currently served by unimproved Milwaukee Drive and West Tenth Street which
are local access streets. Milwaukee Drive is also a designated bicycle route. "N" Street east
of the site is a collector arterial and a designated school walking route. Improvements to
Milwaukee Drive improvements will be required such that the final street is an improved
width of24' with a ditch and 8' pedestrian walking path established on the south side per the
City's new suburban low impact development standards connected to improved West Tenth
Street.
The City's low impact development standards for suburban areas were adopted in 2003 with
the understanding that subdivisions developed under the reduced standards would not allow
for on-street parking. Site development and design for residential lots developed under the
lower impact standards need to accommodate resident parking and visitor parking on-site.
Roadside ditches developed under low impact development standards should be kept free of
debris by adjacent property owners.
13. There are no environmentally sensitive areas on the site although the site has historically had
some standing groundwater areas probably due to the rise of the Milwaukee Railroad grade
along the site's north boundary. The site slopes west to southwest. The site is not listed on
the Federal Emergency Management Act (FEMA) maps which denote those properties that
are within 100-year flood areas.
14. The owner of a construction site which disturbs a total of five acres or more of land area that
has a discharge of stormwater to a surface water or storm sewer system must apply to the
State Department of Ecology for a General Permit for Stormwater Discharge Associated with
Construction Activities.
15. Building permits are required for all structures within the subdivision. All local building and
Fire Codes shall be complied with during construction including residential sprinkler
systems.
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16.
The Port Angeles School District has been notified ofthe development to allow them to plan
for needed public school facilities and routes. School busses travel along West Tenth Street.
Hamilton School is the closest school to the site.
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Planning Commission Minutes
June 23.2004
Page 7
17.
The City's Parks Department responded that they are aware ofthe preliminary proposal and
do not believe the level of service for the area will be hampered as a result of the
development. The City's LOS for parks and recreational services is 1/3 acre for 1,000
population. An undeveloped wooded property donated to the City for a park use is located
approximately 1/4 mile east of the subject site along "N" Street. The nearest public
playground area is located approximately one-half mile + north at Crown Park.
18. The site will be serviced by the City's Police, Fire, and Public Works Departments. All
utilities including potable water, sanitary waste, and refuse collection are available in the
area. Transit service is available along "N" Street east of the site.
19. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance for the preliminary subdivision on April 8, 2004, therefore satisfying the
City's responsibility under the Act.
20. The William R. Fairchild International Airport is located south of the site. Port of Port
Angeles staff has been notified ofthe proposed subdivision proposal and per agreement with
the Port, it is expected that those who purchase properties in the final subdivision will be
aware of the existing on-going airport operation.
21.
The Planning Commission's decision is a recommendation to the City Council. The
Commission acts as the City's hearing body for preliminary subdivision approval. Reports
are advisory only to ensure conformance of the proposed subdivision to the general purposes
of the City's Comprehensive Plan and to planning standards and specifications adopted by
the City.
22. Property owners within 300 feet ofthe proposed subdivision were mailed notice and the site
was posted for the proposal on March 5, 2004. Legal publication appeared in the Peninsula
Daily News on March 7, 2004. Two neighborhood written comments were received as a
result of the notification. Both comments spoke about site drainage, roadway development,
and access issues. Mr. and Mrs. Doug Ahmann expressed concern with regard to stormwater
drainage and roadway development. Mr. and Mrs. Bob Coons expressed concern about a
number of issues: roadway development, traffic, vision, and stormwater.
23. The City received a letter on May 24, 2004, from a neighbor who noted that he lives within
300' of the site and, although he knew by word of mouth of the application, he had not been
officially notified of the process. The applicant was notified who then withdrew his
application and resubmitted. A new public hearing was scheduled for June 23, 2004, 6 p.m.
and additional notification was sent and placed in the Peninsula Daily News on May 30,
2004. As a result ofthat new publication, Mr. McKee resubmitted his concerns as did Mr.
Coons.
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Planning Commission Minutes
Jrme 23, 2004
Page 8
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive
Plan and Land Use Map and Zoning Code.
B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance,
Chapter 16,08 P AMC, and Chapter 58.17 RCW of the Washington State Subdivision Act
C. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
D. As conditioned, signage educating residents and visitors as to the prohibition of on-street
parking will ensure that interior streets remain passable for public safety situations where on-
street parking could prevent ease of passage for emergency vehicles and sight distance safety
Issues.
E.
The site has served as a drainage area over the years due to its topography and development
of the Milwaukee Railroad. Clearing and grading activities will require handling of the
existing drainage and future stormwater from the site as a result of development through the
subdivision process as no net increase in stormwater runoff will be allowed following
development of the site.
F. As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
State of Washington Growth Management Act.
The motion was seconded by Commissioner Philpott and passed 5 - o.
SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT-
SMA 04-04 - NIPPON PAPER. 1900 Block Marine Drive: Request to allow the
construction of a small office addition to an Industrial Heavy property located within the
shoreline.
Associate Planner Scott Johns presented the Department staff report supporting approval of the
proposed project. Commissioner Nutter asked if a parking study or other investigation of parking
had been done for the project. Planner Johns indicated that none had been done as the addition to
the office is small and would not be large enough to require additional parking spaces. In addition
Nippon Paper currently has a large parking area with adequate space available.
Dean Reed, P. O. Box 271, Port Angeles, W A, representative for Nippon Paper Company
stated that he was present and that he had read the staff report and had nothing to add or correct. He
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Planning Commission Minutes
June 23.2004
Page 9
stated that Nippon Paper had a large parking area with adequate parking and that the number of
employees had decreased by as many as 50 over the past several years. Construction drawings were
supplied to the Commissioners.
There being no further testimony, Vice Chair Rasmussen closed the public hearing.
Commissioner Philpott moved to approve SMA 04-04 with the following Conditions,
findings, and conclusions:
Conditions:
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 ofthe
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.
2.
Applicant shall use all best management practices during construction to avoid negative
impacts to the shoreline and marine waters.
3. All permits required by other agencies shall be the responsibility of the applicant to obtain.
Conditions required by peImits from other agencies shall be observed.
Findings:
1. An application for a shoreline permit was submitted by Nippon Paper Industries, on May 4,
2004, for the addition of a small office to an existing office building. The application
indicates that the work will occur within 200 feet ofthe shoreline. The site is 100% covered
by impervious surface.
2. A Detennination of Non-Significance was issued by the City of Port Angeles SEPA
Responsible Official for the proposal on June 8, 2004.
3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and
Critical Areas Ordinances have been reviewed with respect to this application.
4.
The Port Angeles SMP Chapter 5 H. Environmental Designation matrices list non-water-
oriented industrial uses as conditionally allowed as an addition to an existing use in the UH
designation.
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Planning CommissilJn Minutes
J/lne 23, 2004
Page fO
S. The site is designated Industrial on the City's Comprehensive Plan, Industrial Heavy in the
City's Zoning Ordinance, and Urban-Harbor in the Cityis Shoreline Master Program.
6. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policies A-2, and the City's Shoreline Master
Program's Urban-Harbor designation and Chapter 4, Policies B.l, 2, and Regulation B.2;
Policy D.l, H-I through 4, J-2, and N-2, Chapter 5, Policy D-l.
7. The City's waterfront trail follows Marine Drive through the Nippon Industries site and will
not be impacted by the project.
Conclusions:
A. The proposed project as conditioned, is consistent with the City Comprehensive Plan and
Shoreline Master Program.
B. The project will not be detrimental to the shoreline or result in an increase in impervious
surface on the site.
C. As conditioned, the proposed project will not interfere with public use oflands or waters.
. The motion was seconded by Commissioner Norton and passed 5 - O.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-02 - CITY OF
PORT ANGELES. shoreline area at Port Angeles landfill site - West 18th Street. Request
to allow investigatory work to collect wind, wave, and current information for analysis
purposes.
Associate Planner Scott Johns presented the Department staff report recommending approval of
the Shoreline Permit.
Vice Chair Rasmussen opened the public hearing. Bill Webb, 5700 Kitsap Way, Suite 202,
Bremerton, W A, representative ofParametrix, the consulting finn designing the project for the City
indicated that he is in attendance and had nothing to add to the staff report but is available for
questions. Commissioner Philpott asked staff ifthis pennit would allow for any other work on the
shoreline, such as installation of a bulkhead. Planner Johns assured the Commission that the only
work being pennitted at the current time was for the investigatory excavations as described in the
permit application and that any subsequent work would require a new application and SEP A
checklist.
There being no further testimony, Vice Chair Rasmussen closed the public hearing.
Commissioner Norton moved to approve SMA 04-02 with the following conditions,
findings, and conclusions:
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Planning Commission Minutes
June 23. 2004
Page 11
Conditions:
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 ofthe
Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department ofCommuTIity
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 ofthe 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. All permits required by State and Federal agencies shall be obtained be the applicant. Any
and all conditions of those permits shall be observed during the work.
3.
Any vegetation damaged or removed in the Dry Creek ravine shall be replanted immediately
upon completion ofthe exploratory work.
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4.
Best Management Practices shall be used during all phases and in all areas of impact from
the project to control erosion and potential sedimentation of the creek and shoreline.
5. The developer shall immediately stop work and notify the City of Port Angeles if any
phenomena of possible archaeological interest are uncovered during excavations. In such
cases, the developer shall be required to provide for a site inspection and evaluation by a
professional archaeologist to ensure that all possible valuable archaeological data is properly
salvaged.
Findings:
1. An application for a shoreline pennit was submitted by the City of Port Angeles Public
Works and Utilities Department on May 4,2004 for exploratory work including boring test
holes, digging test pits, and anchoring in-water equipment to measure wave and tide action.
The application indicates that the work will occur within the shoreline area, below the
ordinary High Water Mark and above the Mean Higher High Tide at the base of the marine
bluff. The materials that are excavated will be appropriately stored and then returned to the
excavated pit during the same period of work, so that no pits remain open from day to day.
Revegetation of any disturbed area in the Dry Creek Ravine will also occur. Best
management practices will be incorporated to address potential erosion and water quality
impacts from the construction.
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2.
A Determination of Non-Significance was issued by the City of Port Angeles SEP A
Responsible Official for the proposal on June 15, 2004.
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Planning Commission Minutes
June 23, 2004
Page 12
3.
The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and
critical areas ordinances have been reviewed with respect to this application.
4. The site is designated Open Space in the City's Comprehensive Plan, Public Buildings and
Parks in the City's Zoning Ordinance, and Urban-Shoreline Protection and Aquatic
Conservancy in the City's Shoreline Master Program.
5. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Growth Management Element, Policy l.j, Land Use Element Policy A-
2, and Open Space Goals J.l, Conservation Element Policies A.l, 2, 3, B.l, 2, 6, and 9, D.l,
2, 3, 4, and 8.
6. The City's waterfront trail does not access the beach at any point along the length of the
project.
Conclusions:
A. As conditioned the proposed project, is consistent with the City Comprehensive Plan and
Shoreline Master Program.
B. As proposed and conditioned, the project will not be detrimental to the shoreline.
c.
The proposed activity is temporary and will not be detrimental to the shoreline environment
D. As proposed, the project will not interfere with public use of lands or waters.
The motion was seconded by Commissioner Philpott and passed 5 . O.
SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT-
SMA 04-03 - CITY OF PORT ANGELES. Crown Park: Request to construct drainage
improvements and sanitary sewer line installation.
Planner Johns presented the Department staff report recommending approval ofthe proj ecL Vice
Chair Rasmussen opened the public hearing.
Steve Sperr, P. O. Box 1150, Port Angeles, W A City of Port Angeles engineer, provided
background on the project. Upon a question from Commissioner Philpott, Mr. Sperr explained that
the pipe would consist of ductile iron pipe where they would be above ground from the top of the
slope to the bottom of the slope, white PVC pipe where they would be underground from 4th Street
through Crown Park, and the sewer line following the industrial water line would be HDPE pipe with
welded joints.
There being no further testimony, Vice Chair Rasmussen closed the public hearing.
Commissioner Philpott moved to approve SMA 04-03 with the following conditions:
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Planning Commission Minutes
June 23, 2004
Page 13
Conditions:
1. The applicant is responsible for application and acquisition of all applicable local, state, and
federal permits. A stormwater discharge into a wetland will require a HP A issued by the
Washington State Department ofFish and Wildlife. All conditions of that permit shall be
observed.
2. All vegetation that is disturbed or destroyed during the construction of the project shall be
replanted or reestablished.
3. The applicant shall incorporate Best Management Practices to minimize erosion and
sedimentation during construction of the project.
4.
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 ofthe
Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department ofCommunity
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 ofthe 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.
Findings:
1. An application for a shoreline permit was submitted by the City of Port Angeles,{Public
Works and Utilities Department, on February 24,2004, for the installation of storm sewer
and sanitary sewer pipe lines from Crown Park to the base of the bluff and for the sanitary
sewer line to continue east along the existing industrial water line to sewer pump station 3
at the intersection of Marine Drive and Hill Street. The application indicates that the work
will occur within public right-of-ways. on public and private property. Best management
practices will be incorporated to address potential erosion and water quality impacts from the
construction. The project is necessary to eliminate a combined sewer overflow (CSO) and
to change the stormwater discharge point and outfall from the top of the bluff at Crown Park
to the base of the bluff to reduce erosion ofthe bluff.
2. A wetland delineation was required for the proposal, which was submitted in May, 2004 by
Westech Company.
3.
Shoreline Master Program Chapter 6 Utilities Regulation 4 allows sewer lines, which are not
essentially water dependent, to be authorized by conditional use permit.
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Planning Commission Minutes
June 23,2004
PageU
4. A Determination of Non-Significance' was issued by the City of Port Angeles SEP A
Responsible Official for the proposal on June 15,2004.
5. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and
critical areas ordinances have been reviewed with respect to this application.
6, The site is designated Open Space and industrial in the City's Comprehensive Plan, Public
Buildings and Parks in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline
Master Program.
7. Chapter 5 ofthe City's Shoreline Master Program indicates utili ties are permitted uses in the
U-H designation, however, Chapter 6, I, Utilities Policy 2 and Regulation 4, specifies non-
water dependent utilities require a shoreline conditional use permit.
8. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policies A-2, and 1-2 & 3, and Conservation Element
Policy A-2, B-12, 15, 19 D-6 & 10; the City's Shoreline Master Program's Urban-Harbor
designation and Chapter 4, Policies B-1 and 2, D-I, E-2, H, 1-4, J-2, M-l and 2, and N-2,
Chapter 5, Policies D- I and 5, and Chapter 6, Policies 1-1, and all associated regulations.
9.
The City's waterfront trail is located on the north side of Marine Drive and will not be
impacted by this project. Shoreline access will not be affected by this project.
10. The marine bluff is considered a landslide hazard area, as it meet the defined criteria of
having slopes over 15%, impermeable soils, and ground water seepage. No vegetation is
proposed for removal and no large equipment is proposed to work on the steep slopes. The
work occurring on the slope will be done by hand held tools. No clearing, grading or filling
will take place as part ofthe project. Any vegetation that is inadvertently destroyed will be
replanted at the conclusion ofthe pipe installation. There will be no increase in surface water
discharge on the steep slope, as the surface water currently directed over the bank shall be
located in the piping. The surface water will be treated in a swirl concentrator at the top of
the bluff prior to its discharge into the log pond. At the discharge point, the surface water
will enter a stilling well to dissipate energy prior to outfall through a, channel lined with
quarry spalls.
Conclusions:
A. The proposed project as conditioned, is consistent with the City's Comprehensive Plan and
Shoreline Master Program.
B. The project will not be detrimental to the shoreline.
c.
No feasible alternatives were available.
D. As conditioned, the proposed project will enhance the shoreline environment.
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Planning Commission Minutes
June 23, 2004
Page! 5
E. As conditioned, the proposal meets the criteria as a utility for a permitted use in the Urban
Harbor designation.
F. As conditioned, the proposed project will not interfere with public use of lands or waters.
G. The project is in compliance with 15.24 PAMC.
H. The project is in the public interest.
The motion was seconded by Commissioner Honnold and passed 5 - O.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Director Collins stated that the City Council had approved the Comprehensive Plan and followed
most ofthe Planning Commission recommendations.
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott commended the Department of Community Development staff for their
hard work and overtime that has been invested in the last few months in completing the
Comprehensive Plan and keeping up with the current planning issues at the same time.
Vice Chair Rasmussen stated that he is unsure whether he will be present for the July 14,2004,
meeting, as he is leaving town and will not return until July 13, 2004.
ADJOURNMENT
The meeting adjourned at 8:00 p.m.
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PREPARED BY: S. Johns/S. Roberds
CITY OF
FORTANGELES
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WAS H I N G TON, U. S. A.
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PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLEASE SIGN IN
Meeting Agenda of: -:rUN E. :23; ~{.
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 lows of the
State of Washington. Signature oe/ow DOES NOT REQUIRE you to testify.
ADDRESS:
Agenda Item No.
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