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HomeMy WebLinkAboutMinutes 07/27/2005 (2) I. II. III. IV. . V. ~ORT ANGELES WAS H I N G TON, U. S. A. ECONOMIC & COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 27,2005 6 p.m. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: Regular meeting of July 13, 2005 PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 05-04 - RUDDELL. 2026 East 1 sf Street: A proposal to establish a paint spray booth in the Commercial Arterial zone. CONTINUED PUBLIC HEARING: MUNICIPAL CODE AMENDMENT - MCA 05-01 - CITY OF PORT ANGELES: Proposal to revise Section 16.08 (Subdivision) of the Port Angeles Municipal Code streamlining the final subdivision review process. (Continued from 7/13/05) VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT . PLANNING COMMISSIONERS Len Rasmussen (Chalr),Chene Kldd (Vice Chmr),Dave Johnson, Kevm Snyder,Betsy Wharton, Candace Kahsh, John Matthews PLANNING STAFF Mark Madsen, Director, Scott Johns, ASSOCiate Planner, Sue Roberds, ASSistant Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 27, 2005 6:00 p.m. ROLL CALL Members Present: Cherie Kidd, Kevin Snyder, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: Leonard Rasmussen, Dave Johnson Staff Present: Scott Johns, Mark Madsen Public Present: Michael Cooney, Joe Holtrop, Don Schuba, Susan Chadd, James Henderson, Kevin Russell, John Cambalik APPROV AL OF MINUTES Commissioner Wharton moved to approve the July 13, 2005, minutes with one minor correction and on addition. The motion was seconded by Commissioner Kalish and passed 4 - o with Commissioner Snyder abstaining due to absence at the meeting. PUBLIC HEARINGS: Vice 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. CONDITIONAL USE PERMIT - CUP 05-04 - Ruddell - 2026 East First Street: Spray booth in the Commercial Arterial zone. Associate Planner Scott Johns presented the Department's report recommending approval of the conditional use permit with two conditions. Commissioner Matthews asked for clarification as to the Fire Department's role in oversight and inspections for OSHA and ORCAA. Staff answered that the Fire Department did have the responsibility for certain inspections and that ORCAA would do its own inspections. Commissioner Wharton questioned whether any of the material could enter the stormwater system through the cleanup process. It was indicated that the spray booth would be housed inside an existing building and not connected to the stormwater system. Commissioner Snyder pointed out that the material to be sprayed was relatively dry and any material would likely be swept rather than hosed for cleanup. Vice Chair Kidd opened the public hearing. Michael Cooney358 w: Hemlock, Sequim, explained the spray process in further detail. He further pointed out that employees' health was monitored periodically. He also indicated that the spray booth is intended solely for Ruddell customers and not the general public. Commissioner Kalish asked if the exterior appearance of the building would be changed. Mr. Cooney indicated that the building would be painted a different color than the current scheme. Planmng CommiSSIOn Mmutes July 27,2005 Page 2 . There being no further discussion, Vice Chair Kidd closed the public hearing. Commissioner Snyder moved to approve CUP 05-04 citing the following Conditions, Findings, and conclusions. Conditions: Findings: . . 1. The applicant shall meet all requirements imposed by both the Olympic Region Clean Air Agency (ORCAA) and Occupational Health and Safety Administration (OSHA). Development under these permit authorities shall not occur until and unless permitting from the aforesaid agencies has been received. 2. A building permit for the intended installation shall be obtained from the City of Port Angeles Building Division with inspections as required by the Port Angeles Fire Department. 1. A conditional use permit application to install a self contained bed liner spray booth was received by H.A. Ruddell on July 1, 2005. Such a use is considered to be most like an auto body and paint shop under the City's Zoning regulations. 2. The proposed site is 2026 East First Street and is located in the Commercial Arterial District. Surrounding and adjacent uses are also zoned Commercial Arterial with the exception of the Peninsula Golf Club which is zoned Public Buildings and Parks. Adjacent uses include a residential trailer park, other commercial activities, two hotels, restaurants, and a recreational use. 3. The proposed location is within an established shopping plaza that consists of three unattached structures. The nearest structure is approximately 100' distant from the subj ect building. 4. Section 17.23.160(A) (Commercial Arterial) of the Port Angeles Municipal Code allows auto body paint and spray shops by conditional use permit in the Commercial Arterial Zone. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses 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. The Planning Commission will evaluate the proposal to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose ofthe City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. 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. Plannmg CommiSSIOn Mmutes July 27, 2005 Page 3 . 5. The Comprehensive Plan Land Use Map identifies the site as being in the City's East Planning Area and identifies the site as being Commercial. Adjacent properties are also designated Commercial and Open Space. 6. The City's Comprehensive Plan was reviewed for consistency with the proposal. The Land Use Element - Commercial Goals Policies. and Obiectives section of the Comprehensive Plan contains one commercial category thus providing maximum flexibility to the City's Zoning Ordinance in regulating the types of commercial uses and their permitted locations. Commercial Goals. Policies. and Obiectives Goal D encourages planners" To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy." 7. P AMC Chapter 14.40 requires 3 off-street parking spaces for each service bay. The proposed spray booth will encompass one of six existing service bays. At least 30 off-street parking spaces are located on the subject site and greater than 100 spaces are provided surrounding the subject structure within the common plaza area. 8. 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. . 9. Reviewing City Departmental comments were considered in the review of the application. 10. Auto body bed liner spray work involves a material being applied in a closed, contained environment that is subject to the restrictions ofthe Olympic Region Clean Air Agency (ORCAA) and the Occupational Health and Safety Administration (OSHA) for operation. Material is applied in a prepared form and, and as excess product can be reused, toxic materials are not disposed of with the frequency of a typical auto body shop. Waste materials will be disposed of as is required by state law for the disposal of toxic materials. . 11. The enclosed spray booth is made by Col-Met Spray Booths, Inc., and is designed to meet or exceed requirements and recommendations of the National Fire Protection Association (NFP A), ORCAA, and OSHA. 12. The use of potential air pollution generating equipment falls under the authority of the Olympic Region Clean Air Agency (ORCAA). State and local regulations require pre-construction review and approval by ORCAA for new or modified facilities. Ruddell Lease Sales filed a Notice of Construction for the proposed activity with ORCAA on July 2, 2005, as the components used in truck bed lining materials include several volatile organic compounds and toxic air pollutants that are subject to ORCAA. ORCAA's analysis includes verification that maximum downwind concentrations of any toxic constituents will be below allowable health based thresholds in the applicable regulations. ORCAA is expected to issue a final determination that will include an approval order specifying enforceable . . . Planmng CommISSIOn Mmutes July 27, 2005 Page 4 administrative and operating conditions to ensure that adequate pollution controls are in place within the next 15 days. The installation of equipment shall not commence until such an order has been issued. 13. Notification ofthe proposed action was placed in the Peninsula Daily News on July 7,2005, public notice was mailed to property owners within 300 feet of the subject property on July 5, 2005, and the site was posted on July 1, 2005. No comments were received during the notification period. 14. A Determination of Non-Significance was issued for this proposed action on July 22, 2005, under WAC 193-11-10340(2). Conclusions: 1. As conditioned, the project is in compliance with Section 17.23.160(A) of the Port Angeles Municipal Code for development of an auto body spray shop in the Commercial Arterial zone. 2. The proposal is in compliance with the City's Comprehensive Plan and Land Use Map specifically with Land Use Element - Commercial Goals Policies, and Objectives Goal D 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. 4. The proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance) as the site can provide a greater than the minimum parking area. 5. Proj ect review will under specific reviewing agencies - ORCAA, OSHA, and NFP A- will ensure that the development is in the public interest. The motion was seconded by Commissioner Matthews and passed 5 - o. MUNICIPAL CODE AMENDMENT - MCA 05-01 - CITY OF PORT ANGELES: Proposal to revise Section 16.08 (Subdivision) of the Port Angeles Municipal Code streamlining the final subdivision review process. (Continued from 7/13/05) Associate Planner Scott Johns presented the Department's report recommending approval of the Municipal Code Amendment with two conditions. Commissioner Kalish asked if it ever happened that the Planning Commission had ever made a difference in the subdivision process at its review during the final approval process. Staff was not aware of any time that the Planning Commission had made any change in a subdivision. Commissioner Kidd complemented staff on their efforts to streamline the review/approval process and concurred with the intent ofthe proposal. Commissioner Wharton asked staff to explain and describe the steps in the subdivision process (preliminary and final) so that she would have a better understanding of what was being changed. Associate Planner Johns explained the steps taken from application to final approval of a subdivision. Plannzng CommiSSIOn Mmutes July 27, 2005 Page 5 . Commissioner Kalish moved to forward a recommendation of approval of Municipal Code Amendment MCA 05-01, citing the following conditions, findings, and conclusions: Findings: 1. Local land use application processing procedures were reviewed with regard to a state wide Regulatory Reform Act (Act), which was imposed in an effort to cause streamlining ofland use permit processing in 1996. The main requirement of the legislation was to ensure that only one public hearing is allowed for quasi judicial proceedings and what hearing body would be responsible for that action. Local application procedures were categorized as being either administrative, quasi judicial, or legislative with existing review processes either accepted or amended to ensure compliance with the Act's guidelines. The City's revised procedures are identified in Section 18.02 P AMC. 2. The State Subdivision Regulations are found in 58.17 RCW and prescribe specific procedures and time lines for processing subdivision applications. 3. A preliminary subdivision must be reviewed by the planning commission with final approval by the legislative body - the City Council. Preliminary approval amounts to the subdivision being approved pending fulfillment of specific conditions of approval. Once preliminarily approved, neither the City nor members ofthe public have the ability to change or amend the subdivision approval without consent of the applicant. . 4. City staff and a member of the public have noted that the review of final subdivision applications by the planning commission is not required by state law and, in nearly every case, causes staff to fall short of accomplishing the review process within the 30 day time limit prescribed in RCW 58.17.140. A minor amendment removing a review procedure by the planning commission will allow the prescribed time line to be consistently met. 5. Cities that have established a planning commission or planning agency, in accordance with state law, shall provide that such commission or agency review all preliminary plats and forward a recommendation of action to the City's legislative body. Practice within the City of Port Angeles is for the planning agency (staff) and the planning commission to forward a recommendation to the City Council for preliminary subdivision action to ensure a thorough public review process. The Planning Commission's review shall be at a public meeting. Final preliminary approval of a subdivision shall be at a public hearing before the City Council. 6. A final plat meeting all requirements and conditions of preliminary approval must be submitted within 5 years of preliminary approval to the City's legislative body. RCW 58.17.140 provides that final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of final filing unless the applicant agrees to an extension oftime. Plats may not be finaled until all conditions of preliminary approval have been completed and approved by an agency with jurisdiction. . . . . Plannzng CommiSSIOn Mznutes July 27, 2005 Page 6 Conclusions: A. Although review by the planning commission is considered to be a necessary component of thorough preliminary subdivision review in the City of Port Angeles, final subdivision action on the part of the approving agency involves compliance with the conditions of preliminary approval which can be adequately done by staffwith a report to the legislative body (City Council) for final action. This will enable the swift processing of final subdivisions which will be in compliance with the City's policies on customer service and response and with the State's legislation of regulatory reform. B. The elimination of final subdivision review by the planning commission will result in the continued streamlining of land use processing by enabling the processing time lines prescribed in RCW 58.17.140 to be consistently met. C. The Municipal Code Amendment as proposed is in the public interest and is in compliance with regulatory reform legislation and RCW 58.17. The motion was seconded by Commissioner Wharton and passed 5-0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Staff introduced John Cambalik of the Puget Sound Action Team. Mr. Cambalik then commenced a power point presentation on low impact development techniques for stormwater management that have been developed and adapted to the local Pacific Northwest conditions. Commission members asked various questions during the presentation. Staff and members of the audience contributed comments to the discussion. Joe Holtrop, Clallam Conservation District, related several items to the discussion regarding the District's involvement in local demonstration projects being done in the area. Sue Chadd, BuiltGreen Sustainable Building Program, introduced the BuiltGreen program to the Commission and answered questions related to the program. David Freed, WSU Extension Beech Watchers Program introduced the Beach Watchers program and invited participation from the Commission and audience. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 8:55 p.m. ~~~~ Ma Madsen, ecretary PREPARED BY: S, Johns CITY OF ~ORTANGELES .. j WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN / Meeting Agenda of: ~I-f ;;;'1),;)..oc, b 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. f+1 C-J1't c: \MyFlles\Forms\Mtgrostpc. wpd