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HomeMy WebLinkAboutMinutes 10/11/1989 . . . PLANNING COMMISSION Port Angeles, Washington October 11, 1989 I ROLL CALL Members Present: Larry Leonard, Jim Hulett, Bob Philpott, Jerry Cornell, Jerry Glass, Dick Wight, Donna Davison. Members Absent: None. Staff Present: Brad Collins, Sue Roberds, Bruce Becker. II CALL TO ORDER Chairman Cornell called the meeting to order at 7:05 P.M. III APPROVAL OF MINUTES Mr. Leonard moved to approve the minutes of the September 27, 1989, meeting as written, with the following amendment to Item VI PLANNING STUDIES, Long-Range Planning Issues, making Item No.4, Zoning Ordinance Update, No.5; and No.5, Traffic Patterns for the City, No.4. Mr. Hulett seconded the motion, which passed 4 - 0, with Messrs. Wight and Glass and Ms. Davison abstaining. IV PUBLIC HEARINGS CONDITIONAL USE HEARING - CUP-89 (10) 15-HO - ROY AND KAREN LEACH: Request for a Permit to allow a day care in the RS-7, Single-Family Residential District. Location: 515 West Fifteenth street. Mr. Collins reviewed the Department Report and noted a letter from Mr. and Mrs. Bruce Thompson, 511 West 15th Street, indicating a concern over noise generated from the day care activity. Chairman Cornell opened the public hearing. Karen Leach, 515 West 15th Street, explained the request and said she is willing to work with the neighbors on any disruptive noise which may be generated from the day care activity. There being no further questions, Chairman Cornell closed the public hearing. . . . PLANNING COMMISSION October 11, 1989 Page 2 Fire Marshal Becker responded to a question from Ms. Davison, stating a fire inspection would be done following action on the Conditional Use Permit. Mr. Wight moved to approve the Conditional Use Permit subject to the following conditions: 1. The proposed family day care center shall conform with all development standards, as set forth in the Home Occupations Chapter of the Zoning Ordinance (Section 17.86.040). 2. This Conditional Use Permit allows the applicant to operate a family day care center with a maximum of eight (8) children, between the hours of 7:45 A.M. and 5:30 P.M. All indoor and outdoor play areas shall meet state Department of Health Requirements for a family day care center. 3. state and local Fire Codes shall be complied with, including smoke alarms, fire extinguishers, and approved exi t areas. The premises will be inspected yearly by the Fire Department and shall comply with all UFC require- ments. 4. On-site parking in the driveway area to the south of the subject property will be kept available for the day care uses during day care hours and days of operation. If, in the future, the City or other appropriate regulatory agency finds that the family day care center, as approved at this site, requires greater on-site parking facili- ties, the applicant shall provide such on-site parking, subject to the City'S Planning and Public Works Depart- ments approvals. 5. If substantive complaints regarding noise are received, the authorized hours of operation may be reduced and/or other noise control measures required by the Planning Commission; and citing the following findings of fact: A. This location is physically suited for a family day care center. B. The proposed use is consistent with the City of Port Angeles Residential Policies of the Comprehensive Plan. C. The proposed use will not adversely affect the health, safety, morals, or welfare of the surrounding neigh- borhood; PLANNING COMMISSION October 11, 1989 Page 3 . and cited the following conclusions: A. A family day-care center on this property, a s conditioned by this permit, will not adversely affect the surrounding properties, and can afford a residential, home-like environment for children, which is in the public interest. Mr. Leonard seconded the motion, which passed unanimously. SHORELINE MANAGEMENT HEARING - SMA-89 (10) 102 - DAISHOWA: Request for a Permit to allow on-site treatment of excavated petrOleum-contaminated soils, by land farming of the excavated soils, located in the M-2, Heavy Industrial District. Location: Marine Drive and ilK" street. Mr. Collins reviewed the Department Report and responded to the Commission's questions on the possibility of leachate action at the site. Chairman Cornell opened the public hearing. . Mark Hannah, Technical Manager for Daishowa, explained the background of the purchase for the railroad roundhouse site, and the subsequent discovery of an underground storage tank and a wooden-lined grease pit on-site. There was discussion concerning the contamination by hydrocarbons (diesel) being much more than was originally expected; therefore, the land farming approach is proposed by the applicant as a logical method to eliminate the problem. Mr. Hannah requested that the Mill be given the option to utilize both sites, site 1 and Alternate site 2, for the land farming operation. . Mark Madison, CH2M Hill, Portland, Oregon, in his capacity as a civil and agricultural engineer, explained the benefits of land farming. Mr. Madison said that land farms are common in the elimination of petroleum-contaminated products from the soil. He stated the method is well proven and used widely by oil refineries and should be very successful at this site. Mr. Madison further explained that Daishowa does not have a concern for leachate problems because diesel fuel was probably deposited in that area 40 to 50 years ago, or over a period of time when engines were being serviced in the railroad roundhouse. Diesel fuel tends to attach itself to soil particles with much more tenacity than to water, and if there was free oil in the site, it would have moved or stabilized in the soil, or leached out by this time. The strong sorption of the diesel on soil was demonstrated for the Commission mem- bers using a bottle of warm water and a Clump of contaminated soil. PLANNING COMMISSION October 11, 1989 Page 4 . The process would be to collect and store the contaminated soils (which has been done) on-site. The first season would be to maintain a soil condition, with no application of spoils, with good microbial activity. The types of microbes which can break down the oil exist in the soil at present, with the population of other microbes. The site would be modified with nutrients, moisture, fertilizers, and lime to increase organic matter in the soil so a higher moisture content can be maintained, which is more preferable to the necessary microbes. Management of the site will enable acceleration of the rate of degradation occurring on-site. Degradation is occurring, and has occurred, over the past 40 to 50 years, but by removing the hot spots, acceleration of degradation of site contamination is possible. Once the site conditions are acceptable, a small application of waste material will be applied at a three to four inch application rate, and a crop grown, maintaining soil conditions to further break down the contamination in the applied soil. As the layer is reduced, a further layer will be applied, and the process continued until all spoils are sufficiently decontaminated. . Mr. Madison further explained that the only method of contam- ination to surrounding soils would be by surface runoff from the area. A berm could be placed close to the lagoon, the edge of the berm could be the side of the lagoon, with the berm approximately 1 foot high, and leveling of the site would effectively reduce any soil runoff from the area. Mr. Madison said they expect to have no ponding on-site. Pat O'F1aherty, CH2M Hill, Bellevue, Washington, stated her company is under contract to FEMA and new information has indicated that this site is not considered to be in a 100-year flood plain. Ms. O'Flaherty said if the land farming operation could not begin right away, the soils would be stockpiled on Alternate Site No.1. The contaminated soil would be cleaned up at the point of origin; truck traffic transporting soils through town can be avoided; and valuable landfill area could be saved by this land farming operation. There being no further questions or comments, Chairman Cornell closed the public hearing. . Following discussion, Mr. Leonard moved to recommend approval of the Shoreline Substantial Development Permit, subject to the following conditions: PLANNING COMMISSION October 11, 1989 Page 5 . 1. The project will be subject to the Public Works Department approval of site-specific plans, which may include a monitoring plan, berming, or buffering along the lagoon. 2. The hours of operation be from 7 A.M. to 5 P.M., weekdays only; and citing the following findings: A. The proposed use is a continuation of the industrial use of the existing properties. B. The proposal does not involve any discharges of waste materials to surface or ground water. c. Short-term noise impacts from excavation and land farming activities are proposed to occur between the hours of 7:00 A.M. and 5:00 P.M.; and citing the following conclusions: 1. Removing contaminated soils from subsurface layers and placing it in the active surface layer will reduce ground water impacts, and the planting of a cover crop, such as barley or winter rye, will reduce surface water and storm run-off impacts. . 2. The proposal is consistent with the policies and regula- tions of the Port Angeles Shoreline Master Program, the Port Angeles Comprehensive Plan, and the Zoning Code. Mr. Glass seconded the motion, which passed unanimously. Mr. Hannah said Daishowa had no problem with the conditions as attached. He further indicated he would like to meet with the Public Works Department as soon as possible to address any further concerns the Department might have. The Commission took a 5-minutes recess; the meeting reconvened at 9:05 P.M. STREET VACATION HEARING - STV-89(10)8 - REID: Request for vacation of City right-of-way between "B" and "c" streets, in the LI, Light Industrial, District. Location: 18th street between "B" and "C" Streets. . Mr. Collins reviewed the Department Report. Chairman Cornell opened the public hearing. . . . PLANNING COMMISSION October 11, 1989 Page 6 Louie Torres, Olympic Development Planning, 662-1/2 West Sequim Bay Road, Sequim, Washington, representing the applicant, demonstrated, by use of the markerboard, the property and its location to the existing sewer line and easement as requested by the Department of Transportation. Mr. Torres further explained that the Department of Trans- portation had submitted a letter dated July 26, 1989, stating no objection to the entire width of 18th Street in favor of Burt Reid, with considerations made to the Department of Transportation in the form of an easement to an improved access along and within a 25-foot wide strip adjacent to the DOT property, and that there will be no barrier to the State at either end of the strip, except for such intermittent uses as may be normal and customary for access to the adjoining mini-storage facility. There being no further questions or comments from the audience, Chairman Cornell closed the public hearing. Following discussion, Mr. Glass moved to recommend approval of the street vacation for the entire width of 18th street between "B" and "c" Streets, as requested in the application, subject to the following conditions: 1. An improved access along and within a 25-foot wide strip adjacent to the state Department of Transportation property on 18th street between liB" and "C" streets; 2. utility easement for power line along the north side of 18th Street in the 25-foot access easement granted to the state DOT; 3. a 20-foot wide utility easement for existing sewer line; the easement to be located at least five feet and no greater than 15 feet from the sewer line in 18th Street; and citing the following findings: A. Vacation of the subject right-of-way would place the property on the city's tax rolls and be in the public interest. B. 18th street, at present, is undeveloped and unnecessary to traffic circulation in the area. C. Vacation of the subject right-of-way would encourage use of 18th Street by the public accessing the activity in Block 456, thereby lessening the possibility of traffic impacts on Lauridsen Blvd. ' PLANNING COMMISSION October 11, 1989 Page 7 . D. Vacation of the subj ect right-of-way would discourage through traffic on 18th Street, located near the intersection of two collector arterials; and citing the following conclusion: 1. Vacation would be in the public interest by eliminating conflicting and potentially dangerous traffic situations in the area. Mr. Leonard seconded the motion, which passed unanimously. CONDITIONAL USE HEARING CUP-89(10l16 7TH DAY ADVENTIST CHURCH: Request for a permit to allow an elementary school activity to locate in the existing Church building I located in the RS-7, Single-Family Residential District. Location: 124 West Ninth Street. Mr. Collins reviewed the Department report. . Chairman Cornell opened the public hearing. Mike Edge, 931 Draper Road, indicated the Church had been in contact with the Queen of Angels Church and is at present trying to work out an agreement to use the Queen of Angels' playground for the 7th Day Adventist's proposed school activity, as well. Mr. Edge had no further comment concerning the Department report or conditions, other than if the Church is not allowed to use the Queen of Angels' playground, the condition to fence or barricade the parking lot is acceptable. There being no further questions, Chairman Cornell closed the public hearing. Following discussion, Mr. wight moved to recommend approval of the Conditional Use Permit subject to the following conditions: 1. A floor plan be submitted for review by the Public Works Department, to determine compliance with the Uniform Building Code. 2. The school must comply with all State and local Fire Code regulations. 3. If the parking lot area is used for playground activity, the area will be appropriately barricaded or fenced and so identified to prevent intrusion into the alley. A plan for outdoor play area must be submitted to the Planning Department for review and approval; . . . . PLANNING COMMISSION October 11, 1989 Page 8 and citing the following findings: A. The site and general layout of the site are satisfactory for a private elementary school. B. An elementary school is compatible with surrounding uses and desirable in residential areas. C. City utilities appear to be adequate to support this function. D. The Port Angeles Comprehensive Plan Goal #5 (p. 30); Social Policy #4 (p. 44); and Social Objective #3 (p. 45), are relevant to this Conditional Use Permit; and citing the following conclusions: 1. with appropriate conditions, the elementary school will not adversely affect the residential uses in the area. 2. The proposed use is consistent with the Comprehensive Plan. 3 . The use is not a further expansion into the residential area. Ms. Davison seconded the motion, which passed unanimously. CONDITIONAL USE HEARING - CUP-89 (10) 17 - ST. MATTHEW LUTHERAN CHURCH: Request to allow a Permit for an extension of Church group (Sunday school) activities to an existing residence, located adjacent to the Church, in the RS-7, Single-Family Residential District. Location: 116 East 13th street. Mr. Collins reviewed the Department report. Chairman Cornell opened the public hearing. Charles Burke, 403 Reservoir Road, Sequim, Washington, as trustee for the Church, stated there will be 27 children in the school; the hours of operation will be from approximately 9:15 A.M. to 10:15 A.M. on Sundays only. There are two to four meetings per month in the evenings for youth groups, which will meet at the residence at various times. Mr. Burke spoke at length concerning the Public Works Department requirements. There being no further questions, Chairman Cornell closed the public hearing. PLANNING COMMISSION October 11, 1989 Page 9 . Mr. Philpott moved to recommend approval of the Conditional Use Permit for extension of Church activities to the adjacent residential building, located at 116 East 13th street, subject to the following conditions: 1. Youth group activities, such as loud music which is disturbing to residential neighbors, shall not be allowed to continue after 9:00 P.M. in the evening; and citing the following findings: A. st. Matthew Lutheran Church is an established conditional use in this residential zone. B. Off-street parking to serve the Sunday school activity on Lot 6 is located more than 50 feet to the east on Lot 4. C. Port Angeles Comprehensive Plan Goals 3 - 5: Social Policy 4: Social Objective 3: and Land Use Objective 2, are relevant to this Conditional Use Permit application. D. The Sunday school and youth group acti vi ties are intended to occur occasionally in the evening hours. . E. The st. Matthew Lutheran Church properties serve as a transitional use, buffering the residential uses from the principal arterial, Lincoln street. F. There is no evidence in the Planning Department files that st. Matthew Lutheran Church has been incompatible with, detrimental to, or depreciating neighboring residential properties; and citing the following conclusions: 1. st. Matthew Lutheran Church is not further expanding into the residential neighborhood. 2. The off-street parking provided for the Sunday school will be inconvenient for those only using the building on Lot 6. 3. The proposed conditional us is consistent with the City of Port Angeles Comprehensive Plan and the purpose of the RS-7 Zoning District. 4. with appropriate conditions, the proposed conditional use will not result in any significant impacts on the resi- dential neighborhood. . . . . PLANNING COMMISSION October 11, 1989 Page 10 5. This location is physically suited for a Sunday school. Mr. Glass seconded the motion, which passed unanimously. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Ms. Roberds gave a short report on the outcome of the Admin- istrative Hearings held September 21, 1989. There was considerable discussion among Commission members and staff concerning decisions being rendered at the Administra- tive Hearings. VIr REPORTS OF COMMISSIONERS Ms. Davison requested the Attorney's memo concerning amending the Adult Entertainment Conditional Use Permit ordinance, be placed on the Planning commission agenda for the October 25th meeting. Mr. Wight indicated he was unsure of the intent of the Commission's direction for him to investigate the Budget Rent- A-Car signs, per a letter dated August 24, 1989. Ms. Roberds gave a brief background of the request for inter- pretation from Lea Heckman, Budget Rent-A-Car, concerning "Ferry Parking" signs. Ms. Davison moved to interpret that free-standing signs reading "Ferry Parking" would be considered advertising signs, not directional signs, such as "Exit" and "Entrance", and not permitted as exempt directional signs in the Central Business District. Mr. Glass seconded the motion, which passed unanimously. Mr. Hulett noted that US West Telephone Company should be notified in the event of street vacations. Mr. Leonard gave a report on a zoning institute conference he attended on October 6, 1989. The subject of the conference was dealing with rezones and the Shoreline Management Act. Mr. Leonard stated that a speaker at the conference noted that all rezone proposals, surrounding property owners must be notified by state law. Due to the fact that the notification requirement is not addressed in the City I s codes, staff indicated they would check into the situation with the City Attorney and further report to the Commission members. . . . PLANNING COMMISSION October 11, 1989 Page 11 There was discussion on the Shoreline Management Act, the "taking" issue, and police power. Mr. Glass apologized to the Commission members for his absence at the September Planning Commission meeting. VIII ADJOURNMENT The meeting adjourned at 10:55 P.M. PLAN. 235 . WOo ...., 'n , Secretary . . . CITY of PORT ANGELES ATTENDANCE ROSTER ,0(", NtU~G TYPE OF NEEl'ING DATE OF t1EETING LOCATICN PLANNING COMMISSION c[Jc ~ J .) /1,. ,/9rJ?9 CITY HALL ADDRESS: NAME: (~II Ace.. L E5 tAt. f7 L/ <<- (<. PrO, 1701< (/~ {I :J E6)Lf 1"'(\. ~ _IJISAlKlU frL L 17.e[.f/~ (pgIP IS .n/. Ir~J~ //1 I J... J 5i. .../1 L of -.; 7 0 ).. h, 0 h. ~o -=> .D /. .b A'J ~~Y1"'" ... Y / r ..- {!La.: r,&.-[# ~;;..(L ~. 9' 31 -o/"a-~ 1(0;{ ? A , !)I{;f/~ ct- t5r,-4J e-f D:J'~~{A, 4/(, 5:, c.l.:' "",bN<g, t?4. ~./A &. I ;n~~A/ E /62cJ \.A..I. 13M ~b, PA ~~t::f)~ /~ ~ /4a1-L. ---~ -- - PI. . 2. -~;:.>. ,