Loading...
HomeMy WebLinkAboutMinutes 07/08/1992 . . . AGENDA PORT ANGELES PLANNING COMMISSION City Council Chambers 321 East Fifth Street Port Angeles, W A 98362 JULY 8,1992 7:00 P.M. I. CALL TO ORDER II. ROLL CALL m. APPROV AL OF MINUTES: Meeting of June 10, 1992 IV. PUBLIC HEARINGS: 1. SHORELINE MANAGEMENT PERl\1IT . SMA _92(07)127 - PORT OF PORT ANGELES. COHO Ferry at Laurel Street: Request for a permit to allow the expansion of an existing ferry dock by relocation of an existing failing bulkhead. 2. EXTENSION REQUEST - CUP 91 (05)06 - THUNDERBIRD BOA THOUSE. &liz Hook: Request for extension of a Conditional Use Permit to allow RV parking in the M-2, Heavy Industrial District. 3. SHORELINE MANAGEMENT PERMIT - SMA 92(07) 128 - CITY OF PORT ANGELES. Railroad Avenue: Replacement of existing and installation of new lighting fixtures and poles along Railroad A venue and the Waterfront Trail. 4. CONDITIONAL USE PERMIT - CUP 92(07)06 - DURRW ACHTER. 1000 Block West Fourteenth Street: Request to allow a residential use in the CSD-Cl, Community Shopping District. All correspondence penaining to a hearing irem received by the Planning Department ar least one day prior to rhe scheduled hearing wilt be provided ro Commission members before rhe hearing. Planning Comminion: Cindy Soudcl'll, Chair: William Anabcl, Vicc-Chair; Ray Gl\lvcr: Rogcr Catta; LaM")' Leonard; Bob Philpon: Bob Wintcrs. Planning StalT: BflId Collins. Planning Director; Suc Rob\mls, Planning Offi~c Spccialist; John Jimcrson, Aaso<:iate Planncr; David Sawycr. Senior Planner. ' ~ Planning Commission Agenda Page 2 5. FINAL PLANNED RESIDENTIAL DEVEWPl\1ENT - ENNIS CREEK EST A TES. Del Guzzi Drive: (Referred from the City Council at the May 19, 1992, meeting.) . V. OTHER BUSINESS VI. COl\fMUNICA TIONS FROM THE PUBLIC VD. STAFF REPORTS vm. REPORTS OF CO~SION MEMBERS IX. ADJOURNMENT . 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 'miqutes) shall be allowed the spokesman; others shall be limited to shoTt supponing remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents 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 Planning Commission. not the City Staff representatives present, unless directed to do so by the Chairman. . . . . MINUTES PLANNING COMMISSION Port Angeles, Washington July 8, 1992 CALL TO ORDER Chairwoman Souders called the meeting to order at 7:05 P.M. ROLL CALL Members Present: Ray Gruver, Bob Philpott, Bill Anabel, Bob Winters, Roger Carts and Cindy Souders Members Absent: Larry Leonard Staff Present: Brad Collins, John Jimerson, Gary Kenworthy APPROV AL OF MINUTES Commissioner Philpott moved to approve the minutes of the June 10, 1992, meeting as submitted. The motion was seconded by Commissioner Gruver and were approved 5-0, with Commissioner Winters abstaining. PUBLIC HEARINGS Chairwoman Souders announced public hearing number four would be the first item heard on the agenda. CONDITIONAL USE PERMIT - CUP 92(07)06 - DURRW ACHTER, 1000 Block West Fourteenth Street: Request to allow a residential use in the CSD-C I, Community Shopping District. John Jimerson reviewed the Department Report. Commissioner Gruver asked why City Light is requiring the utilities be undergrounded. Brad Collins responded he believes that is the standard requirement for all new development. Chairwoman Souders added that a Comprehensive Plan policy encourages undergrounding of utilities. Chairwoman Souders opened the public hearing. CeceUa Garceau, 10210 N.R. 64th, Kirkland, stated their intent is to place a double wide mobile home on the site to provide rental income for her mother, who lives next door. PLANNING COMMISSION July 8, 1992 Page 2 . There being no further public testimony Chairwoman Souders closed the public hearing. Commissioner Gruver moved to approve the Conditional Use Permit (CUP 92(07)06) subject to two conditions, citing the following findings and conclusions: CONDffiONS: 1. The applicant shall install and maintain underground electrical service from the existing power pole on the north side of the alley. 2. Prior to issuance of a building permit, the applicant shall enter into a non-protest agreement for formation of an L.I.D. for sidewalk improvements. FINDINGS: 1. The request is for approval of a Conditional Use Permit to allow a single family home in the CSD-Cl zone district. 2. The site on which the home is proposed is 50' x 140', contains 7,000 square feet of area, is level and vacant. . 3. The site is surrounded by residential land uses on all four sides, including an apartment building to the south. 4. Single-family residential zomng (RS-7) abuts the CSD-CI corridor and the property in question. 5. The site is in the immediate vicinity of Stevens Middle School but is not identified as being a school walking route. There are no other sidewalks on the same block on 14th Street. CONCLUSIONS: A. The proposed single family use is compatible with the surrounding residential neighborhood. B. The Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. The Conditional Use Permit is in compliance with the requirements of the Zoning Ordinance, Parking Ordinance and Comprehensive Plan. The motion was seconded by Commissioner Anabel and passed 6-0. . PLANNING COMMISSION July 8, 1992 Page 3 . SHORELINE MANAGEMENT PERMIT - SMA 92(07)127 - PORT OF PORT ANGELES, COHO Ferry at Laurel Street: Request for a permit to allow the expansion of an existing ferry dock by relocation of an existing ferry dock by replacing a failing bulkhead. John Jimerson reviewed the Department Report. Commissioner Philpott asked if there would be problems with future deterioration of the existing bulkhead, particularly wood elements. John Jimerson responded that he is not aware of any wood, the old bulkhead is made of steel and will be supported by the fill and the new bulkhead. Commissioner Gruver asked why the Shoreline Master Program prefers open piling over solid type bulkheads. Brad Collins explained that open pilings allow better dissipation of wave energy and less disturbance of marine habitat. Chairwoman Souders opened the public hearing. Ken Sweeney, P.O. Box 1350, representing the Port of Port Angeles, stated the existing bulkhead is failing and needs to be replaced. The existing indentation is where boats would dock when the dock was used for a gravel operation. To straighten out the dock would be advantageous for aesthetic and traffic flow considerations. The existing bulkhead is steel, and no voids will be created from deterioration. . Wayne Barrett, 2108 East Third Street, representing Black Ball Ferry, offered to answer any questions. Commissioner Philpott asked if there is any wood behind the existing bulkhead that could deteriorate. Mr. Barrett stated there is a very small amount, which will be removed during construction. There being no further public testimony, Chairwoman Souders closed the public hearing. Commissioner Gruver moved to forward a recommendation to the City Council to approve the Shoreline Substantial Development Permit subject to ODe condition, citing the following f"mdings and conclusions: CONDITION: The quality of the fill and extension of the City's storm drain outfall shall be approved by the City Public Works Department. ' FINDINGS: 1. The approval is for expansion of an existing ferry dock by 836 s.f., installation of 151 feet of sheet piling and 1180 cubic yards of fill. . 2. The site is located on the Port Angeles Downtown waterfront. The vicinity is developed with a number of commercial, recreational and tourist oriented facilities. Rock rip-rap and sheet piling bulkheads line the shorelines in the vicinity. . . . PLANNING COMMISSION July 8, 1992 Page 4 3. The proposal has been reviewed for compliance with the Shoreline Master Program, Port Angeles Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Area Protection Ordinance. 4. A Determination of Non-Significance has been issued by the Port of Port Angeles, acting as the SEPA lead agency for the proposal. 5. The project supports a water-dependent, tourist oriented facility, which are uses supported by the Shoreline Master Program. The proposal is a redevelopment and improvement to existing facilities, which is supported by the Shoreline Master Program. 6. The sheet pile type bulkhead would replace existing sheet pile bulkhead.. CONCLUSIONS: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.l, and C.4; Land Use Element 0.1; Natural Systems E.7.b; Use Activities F.l.a and e; F.8.b; F.9.a-e; F.12. a,b,c,e&f, F.17.a and c. B. The proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goal No.3, and Commercial Policies Nos. 6 and 10; Central Business District Zone; and Environmentally Sensitive Areas Protection Ordinance. C. As conditioned, the proposal will not be detrimental to the shoreline. The motion was seconded by Commissioner Anabel and passed 6-0. EXTENSION REQUEST FOR CONDITIONAL USE PERMIT - CUP 91(05)06 - THUNDERBIRD BOATHOUSE - Ediz Hook: Request for extension of a Conditional Use Permit to allow RV parking in the M-2, Heavy Industrial District. Commissioner Winters stepped down from the dais for appearance of fairness reasons. John Jimerson reviewed the Department Report. Ron Shepard, Thunderbird Boathouse, conceded they exceeded the 12 R.V. limit on two occasions.last year. The first time there were 13 R.V.'s on the site, possibly due to an oversight on the part of an employee. The second time was in September which is normally the busiest month of the season, but was exceptionally busy last summer as a result of limitations on where and when salmon fishing was permitted. He noted that during this time, he counted 36 R.V.'s parked along the road between the Boat Haven and the restrooms on .E.diz Hook. They have since instituted a number of measures to ensure the condition is complied with. . . . PLANNING COMMISSION July 8, 1992 Page 5 Fred Ricks, 139 W. Ahlvers, supports the extension r~uest. The applicant maintains a clean, well controlled site. The use is important to the community. It is used by folks from all parts of the country. Unidentified man, 1766 Mt. Pleasant Road, stated he is a local tourist oriented-businessman. He supports the Boathouse especially in light of the lack of R. V. parking areas in the City. Pat Hensey, 423 Patterson Road, stated the use is important to the local economy, especially with the decline of the timber industry. Dee Hensey, 423 Patterson Road, stated she is an employee at the Boathouse and there is a shortage of R.V. parking close to the water. This is a needed facility. There being no further public testimony, Chairwoman Souders closed the public hearing. Commissioner Philpott stated that he inspected the site on July 5th and found only eight R. V. 's there. The Commission discussed their concern with the failure to comply with the condition of approval limiting the number of R. V.'s to twelve. There was sentiment that there are difficulties with meeting the requirement, but it is the responsibility of the applicant to see that it is complied with. Commissioner Anabel moved to approve a one year extension for the Conditional Use Pennit, subject to ten conditions, citing the following findings and conclusions: CONDITIONS: 1. The total number of spaces provided may not exceed 12. 2. Spaces shall be numbered and wheel stops be provided to assure the safety of potential users. 3. One 2AlOBC dry chemical fire extinguisher shall be provided in a location accessible to all tenants and properly identified. If the extinguisher is not located in a visible location, adequate signage shall be provided, indicating location. 4. Restroom facilities of the Thunderbird Boathouse shall be made available to .campers and so identified. 5. RV spaces shall be for overnight RV parking only, with a maximum of three nights per stay. 6. The applicants shall not provide water and/or power to the RVs and the rules shall expressly state such prohibition of water usage and prohibition of used water (grey water) discharged on the site. . . . PLANNING COMMISSION July 8, 1992 Page 6 7. A copy of the Park rules shall be provided to the Planning Department. 8. A rack shall be provided which contains the City ordinance or City instruction that no recreational vehicle parking be permitted outside the authorized area. 9. The parking area shall be paved or an equivalent surface acceptable to the Public Works Department. Public Works has determined that the placement of clean gravel on an annual basis is an appropriate equivalent surface. 10. No R. V. 's shall be parked overnight outside of the designated area. FINDINGS: 1. The approval is for 12 overnight RV parking stalls. 2. The use was originally approved in 1984, with subsequent extensions of the permit which has allowed continued use of the site. 3. The property is zoned M-2, Heavy Industrial, which allows uses found to be consistent with the intent of the Zone District. 4. The M-2 Zone District allows marinas and boat havens as permitted uses. 5. The applicant has stated that he believes the problem of excessive number of RV's parked on the site has been solved through the incorporation of signage, night watchman and entrance gate. CONCLUSIONS: A. The proposed Conditional Use Permit is compatible with the surrounding land uses and land uses in the M-2 Zoning District. B. The proposed Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. The proposed Conditional Use Permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan and other applicable land use regulations. The motion 'was seconded by Conunissioner Catts and passed, 5-0. The Commission took a break at 8: 15 and reconvened at 8:25. Commissioner Winters returned to the dais at this time. . . . PLANNING COMMISSION July 8, 1992 Page 7 SHORELINE MANAGEMENT PERMIT - SMA 92(07)128 - CITY OF PORT ANGELES, Railroad Avenue, Waterfront Trail: Request to replace existing and install new lighting fixtures and poles along Railroad A venue and the Waterfront Trail. John Jimerson reviewed the Department Report. Brad Collins added that last night the City Council approved a grant application for funds to allow construction of the trail east of Francis Street. Chairwoman Souders opened the public hearing. There being no public testimony, Chairwoman Souders closed the public hearing. Commi.~~ioner Gruver moved to recommend the City Council approve a substantial development permit for the proposed lighting, subject to one condition, citing the following fmdings and conclusions: CONDITION: The lighting of the trail shall include lighting the Francis Street stairway. FINDINGS: 1. The approval is for installation of pedestrian oriented lighting (poles and fixtures) along Railroad Avenue and the waterfront trail. The lighting on Railroad will replace existing lighting. The lighting on the trail will be new. 2. The lighting will be installed on the south side of the trail. Conduit serving the lights has been previously installed. Therefore, alteration of the paved trail and bed will be minimal. 3. The Shoreline Master Program and Comprehensive Plan have been reviewed with respect to the proposal. 4. The site is identified as an Environmentally Sensitive Area (ESA). The proposal has been reviewed with respect to the ESA protection ordinance and has been found to be a reasonable use exception pursuant to 15.20.080(5) PAMC. 5. . The applicant has indicated the lighting will meet specifications so as to minimize impacts on nearby properties. 6. The lighting will encourage use of the waterfront trail during hours of darkness. . . . PLANNING COMMISSION July 8, 1992 Page 8 CONCLUSIONS: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.l, 2 and 7; Land Use Element D.2; Natural Systems Regulation E.1.a;and Use Activities F.19.a-c. B. The proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goal No.3, Commercial Policy No. 10. C. As conditioned, the proposal will not be detrimental to the shoreline. The motion was seconded by Commissioner Anabel and passed 6-0. FINAL PLANNED RESIDENTIAL DEVELOPMENT - ENNIS CREEK ESTATES, Del Guzzi Drive - Request for Final PRD Approval Brad Collins reviewed the items submitted by the applicant for final PRD approval including a memorandum prepared by Alan Middleton, revised site plans, drainage control plan and CCR's. Staff has had these for only a few days and is in the process of reviewing them. The applicant has made substantial efforts to address the requirements of the PRD and concerns raised in the previous staff report (5/13/92). A final staff analysis will be reported at the continued public hearing, which is necessary to satisfy public notice posting requirements. Gary Kenworthy added that the drainage plan looks complete and thorough. It will need to be fine tuned, but it appears to be technically sound. It meets the Department of Ecology standards. Phasing of drainage improvements will need to be identified. Chairwoman Souders opened the public hearing. Bill Wilbert, 13850 Bel-Red Road, Bellevue, stated that he believes they have met all of the conditions and have addressed every issue raised in the staff report from the previous meeting. He noted there have been some changes to the site plan. Since preliminary approval they have more accurately mapped Ennis Creek. They found that the creek is actually more to the west at the southeast corner of the site. In order to maintain buffers at that point, they have eliminated Bradford Drive and replaced it with a cul-de-sac. The number of units has not changed. The phasing plan has also been changed to meet the open space and recreation requirements for each phase. They intend to construct the single family home portion first, as it is least likely to be threatened by the pending lawsuit challenging the rezoning of the site. Scott Sherrow, 10900 NE 8th Street, Bellevue, explained the site basin hydrology and proposed drainage plan for the development. Storm water will be directed down the Ennis Creek ravine through high density polyethylene pipes (HDPE) to grass lined swales at the bottom of the ravine. The HDPE pipes will dissipate energy and reduce erosion. He explained the filtration process of grass-lined swales. Well designed swales are more effective and require less maintenance than mechanical methods of treatment. . . PLANNING COMMISSION July 8, 1992 Page 9 Alan Middleton, 1501 4th A venue, Seattle, stated the plan is substantially in compliance with the preliminary approval. He noted that the site had not been properly posted with notice of the public hearing and he concurs with the City Attorney that proper notice could be achieved by continuing the public hearing to a future date. He explained that the CC&R's are a set of rules governing the owners and residents within the development and that pursuant to staff direction, are being used as a means to meet some of the conditions of approval. He would not want the City to restrict their ability to amend the CC&R's in the future, except for those portions that the City is concerned with. He did not believe a storm drainage plan is required at this time, but they prepared one anyway. The Departments of Fisheries and Public Works have discretionary authority to ensure drainage and erosion control issues are addressed. Commissioner Gruver asked if it is in the applicants best interest for the City's decision to be postponed until the lawsuit is settled. Mr. Middleton responded that it would be in the applicants best interest to complete the review now. The process has begun and should be completed. Linda Nutter, 1701 E. Third Street, asked that the review be delayed. Many people are on vacation now and are not able to be in attendance. She is not satisfied with the applicants explanation of water treatment and oil-water separators. She asked if swales will work if there is a major storm. Who will ensure the system will work? The City should not make a decision until the legal appeal is completed. There being no further new testimony, Chairwoman Souders opened the floor for rebuttal. Scott Sherrow, stated the proposed methodology is accepted by King County, the Department of Ecology and Department of Fisheries as "Best Management Practices". Most pollutants wash off during smaller storms, not peak: events, and cannot be controlled in the large flow events. He reiterated that flow off the site is metered. Bill Wilbert, added that a 150 foot buffer from Ennis Creek is being maintained to satisfy concerns of Public Works and Fisheries. Jan Hare, 2136 E. Lindberg Road, asked who would pay for oil separator(s) if at some point in the future it is determined to be needed. Gary Kenworthy responded that once the City approves a system they take responsibility for installing new facilities if warranted. The City already uses swales in several locations, which is a well accepted method. Commissioner Philpott moved to continue the public hearing to August 12, 1992 at 7:00 P.M. in the Council Chambers. The motion was seconded by Commissioner Catls and passed 6-0. . COMMUNICATIONS FROM THE PUBLIC None. PLANNING COMMISSION July 8, 1992 Page 10 . STAFF REPORTS: Mr. Collins noted the July and August long range Planning Commission agendas are full. On July 22, 1992, the Commission will be considering a new medium density multi-family residential zone district and potential locations for that zone. In August, a workshop with the Growth Management Advisory Committee is scheduled. REPORTS OF COMMISSION MEMBERS Commissioner Catts asked staff to see if they can obtain a copy of the City of Sequim's ordinance which deals with junk cars. He added that he believes they made the right decision on the Thunderbird Boathouse. It is difficult for the owner to prevent anyone that comes in the middle of the night from parking there. He asked if there are any means for the applicant to achieve compliance. . Brad Collins suggested that the applicant would have to be diligent with enforcement. The police cannot enforce illegal parking on private property. The applicant could de-mobilize illegally parked vehicles with barrels and charge a fine for release of the vehicle. The Planning Department doesn't monitor conditional uses on a regular basis but will inspect upon receiving a complaint or observing a violation. He hopes the records show that the City has tried diligently to enforce the conditions in the event someone is injured as a result of overcrowding or fire. Commissioner Gruver believes the City does not enforce parking restrictions on the public right- of-way on the hook and therefore should not be overly concerned with enforcing limitations on private property. The Commission stated that there is a definite need for additional R. V. parking in the area and that it would be nice if it could be provided on Ediz Hook. Commissioner Winters asked if the waterfront trail will go through the ITT-Rayonier Mill. Brad Collins responded that the Public Works and Parks Directors are working on the possibility of doing just that. Land for the trail on the east side of the mill has already been donated for the trail. The design of the trail through the mill will address concerns of safety and minimum disruption of mill activities. Commissioner Anabel suggested that it would be nice to have a back-up agenda when a scheduled item'becomes cancelled, as was the downtown parking issue in June. There is too much to be accomplished to lose any meetings. Brad Collins responded that we can schedule other items if there is time to prepare before hand. The P ADA cancelled at the last minute, not leaving enough time to prepare a meaningful alternative. Commissioner Anabel also noted he will not be in attendance at the July 22, 1992 meeting. . Commissioner Gruver asked that his packets be mailed to his home, so that he may receive them sooner. PLANNING COMMISSION July 8, 1992 Page 11 . ADJOURNMENT There being no additional business, the Planning Comm~ssion adjourned at 10:20 P.M. ~~ wi-v Brad Collins, Planning Director "-~ 1>)': JOOo Jimonom . . . . . COUNCIL ACTION CONCERNING PLANNING COMMISSION MINUTES OF JULY 08t 1992: 1. SHORELINE MANAGEMENT PERMIT - SMA 92(07)127 - PORT OF PORT ANGELES. COHO Perry at Laurel Street: Request for a permit to allow the expansion of an existing ferry dock by relocation of an existing failing bulkhead. Concur with the recommendation of the Planning Commission to approve with the TWted condition, or set a public hearing for the Council to take an alternate course of action. 2. SHORELINE MANAGEMENT PERMIT - SMA 92(07)128 - CITY OF PORT ANGELES. Railroad Avenue: Replacement of existing and installation of new lighting fixtures and poles along Railroad Avenue and the Waterfront Trail. Concur with the recommendation of the Planning Commission to approve with the noted condition, or set a public hearing for the Council to take an alternate course of action. e. PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Meeti Date Location Name Address po- 12<< /3iJd .'1 .'