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Minutes 10/12/1994 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles~ W A 98362 October 12, 1994 7 :00 p.m. I. CALL TO ORDER II. ROLL CALL ill. APPROVAL OF MINUTES: Minutes of September 14~ 1994 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - PORT OF PORT ANGELES - SMA 94(10)145. Harbor Boomgrounds: Request for a substantial development permit to allow replacement of dolphins and boomsticks and additional piling, located in the M-2, Heavy Industrial District. 2. STREET VACATION PETITION - SHILLINGTON - STV 94(10)05. Portion of "AI! Street: Petition to vacate a portion of nAn Street at Fourth Street. 3. STREET V ACA TION PETITION - HECKMAN - STV 94(10)06. Hancock/Fogarty Alley: Petition to vacate a portion of the Hancock/Fogarty Alley west of Cherry Street. V. COMMUNICATIONS FROM THE PUBLIC: VI. STAFF REPORTS: VD. REPORTS OF COMMISSION MEMBERS: Members: Orville ClImpbell, Vice Chair, Bob Winters, Vice Chair, Cindy Souders, Bob Philpott, Linda Nutter, Tim Gennan lInd Bob King.. Planning Staff: Brad Collins, Director; John Jimerson, Associate Planner; Sue Roberds. Office Specialist, D.vid Sawyer, Sr. Planner. . . . VID. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 minutes) shall be allowed the spokesman; others shall be limited to short supporting 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 will be 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 Board, not the City Staff representatives present, unless directed to do so by the Chairman. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 12, 1994 7:00 P.M. CALL TO ORDER Chair Campbell called the meeting to order at 7:00 P.M. ROLL CALL Members Present: Orville Campbell, Tim German, Linda Nutter, Bob Philpott. Bob King and Bob Winters. Members Excused: Cindy Souders. Staff Present: John Jimerson, Brad Collins. Ken Ridout, Bruce Becker, Dave Sawyer. Public Present: Ken Sweeney, John Nagy, Jim Heckman. . On behalf of the Planning Commission, Chair Campbell welcomed Bob King to the Commission. A PPRO V AL OF MlNUTES Commissioner Philpott moved to approve the minutes of the September 14, 1994, meeting with one change: On page eight, under Larry Leonards' testimony, change the first reference to "c1oser" to "Iot". The motion was seconded by Commissioner Nutter and passed 5-0 with Commissioner King abstaining. PUBLIC HEARINGS SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA 94(10)145- PORT OF PORT ANGELES, Harbor Boomgrounds: Request for a substantial development permit to allow replacement of dolphins and booms ticks and additional piling, located in the M-2, Heavy Industrial District. John Jimerson reviewed the Department Report. Chair Campbell opened the public hearing. . Ken Sweeney, 338 W. First Street, Port Planner, indicated the Port is concerned with the integrity of the existing piling. Rough weather could result in their breaking and subsequent release of logs into the harbor. The replacement of the piling are exempt from a permit. however. the two new piling require a permit, so the Port included the replacement project in the application. An hydraulics permit has been received. It discourages, but does not prohibit the use of creosote treated timbers. Steel piling are more difficult to transport to the site than . . . Planning Commission Minutes October 12, 1994 Page 2 wood piling~ and the Port has a stockpile of the wood piling. To install steel piling. the Port would have to make a purchase. There being no further testimony, Chair Campbell closed the public hearing. Commissioner Winters expressed his opinion that the City should continue to review the creosote issue each time it comes up. The consensus of the Commission was that creosote treated timbers would be acceptable for this project for a number of reasons, including the absence of critical marine habitat such as eelgrass, the predominate use of creosote throughout the harbor, the high likelihood that the bottom is covered with bark, economic considerations and that the Department of Fisheries, whom can be counted on as an agency to protect the marine environment, has not prohibited creosote for this project. Commissioner Philpott moved to forward a favorable recommendation to the City Council for approval of the Shoreline Substantial Development Permit, citing the following findings and conclusions: Findings: 1. The request is for approval of a substantial development permit to allow replacement of 36 piling at the Port of Port Angeles log boom grounds and installation of 2 new piling at the bottom of the access ramp to the boom boat moorage float. 2. The applicant has indicated the site has been used as a boom ground since the 1930's. 3. The Shoreline Master Program identifies the site as Urban, and the following regulations have been found to be the most relevant: General Regulations C .1, 2, 3 & 7; Land Use Element D.1.a & D.2; and Natural Systems E.7.b; and Use Activities F.g.a. b & d. 4. The following goals. policies and objectives of the Comprehensive Plan have been identified as being the most relevant to the proposal: Growth Management Element Policies A.l, A.I.h, A.1.j; Land Use Element Policy A.2; Conservation Element Policy B.2, B.9 through 11. Objective B.2 and Policy D.g; Economic Development Element Goal A and Policy AA. 5. The site is identified as Heavy Industrial by the Comprehensive Plan and the Zoning Map. 6. The Port of Port Angeles, acting as lead agency, issued a Determination of Non- Significance for the project on August 5. 1994. . . . Planning Commission Minutes October 12, 1994 Page 3 Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically those identified in Finding No.2. B. The use is consistent with the Heavy Industrial designations of the Zoning Ordinance and Comprehensive Plan. C. The proposal will not be detrimental to the shoreline. The motion was seconded by Commissioner Winters and passed unanimously. Chair Campbell changed the agenda to hear the Heckman Street Vacation request as Brad Collins was researching the status of the Shillington Street Vacation application. STREET VACATION PETITION . HECKMAN . STV 94(10)06, Hancock/Fogarty Alley: Petition to vacate a portion of the Hancock/Fogarty Alley west of Cherry Street. John Jimerson reviewed the Department Report. He indicated the applicant has clarified that Lot 20 was not to be a part of the larger building site and that according to NTI, the bank to the east does not qualify as an environmentally sensitive area. Based on this information, he suggested changes to Conditions 2 and 3 and Finding No.5. Chair Campbell opened the public hearing. Jim Heckman, 709 S. Ennis Street, explained that Lots 5-14 and 16-19 are proposed to be merged into one zoning lot. He had considered a more dense development of the property, but due to roadway improvement costs, it was not economical. His buyers of the property are concerned with the condition which would prevent vacation of the alley in the ravine buffer, as they would like to place a deck or patio on the site. Brad Collins responded that the idea of the Environmentally Sensitive Area (E.S.A.) protection ordinance is to maintain a 50' buffer of undisturbed area. It would be difficult to justify a reasonable use exception. There being no further testimony, Chair Campbell closed the public hearing. Brad Collins stated the solution proposed is very much in the public interest as it would protect the environmentally sensitive area and he offered a pat on the back to Mr. Heckman for his approach to developing the site. Commissioner German pointed out that Chapter 15.20 would allow a reduction of buffer from the ravine based on engineering considerations, even if a reasonable use exception cannot be approved. . . . Planning Commission Minutes October 12, 1994 Page 4 Commissioner King moved to recommend the City Council approve the street vacation subject to the following conditions, in consideration of the findings and conclusions below: Conditions 1. A conservation easement be recorded for those portions of the site that are within the environmentally sensitive areas and buffers. The easement shall read as follows: "No alterations may occur within the areas identified in the conservation easement and all vegetation shall remain undisturbed unless the express written authorization of the City of Port Angeles, in applying the Environmentally Sensitive Areas Protection Ordinance (Chapter 15.20 PAMC), has been received." 2. A zoning lot covenant designating lots 5-14 and 16-19 as one zoning lot shall be recorded with the County Auditors Office. A copy of the recorded zoning lot covenant shall be provided to the Planning Department. 3. Portions of the alley within 50 feet of the top of the ravine and 50 feet of the toe of the bank (if determined to be an environmentally sensitive area) to the east shall not be vacated. Findings 1. The request is to vacate 5,200 square feet of the Hancock/Fogarty alley, west of Cherry Street. Maintaining the right-of-way within the E.S.A. and buffers, about 3,800 square feet is vacated. 2. The portion of the alley proposed to be vacated abuts lots 6-13 and 16-20, Block 23, Fogarty and Dolan subdivision. The proponent owns the abutting lots. 3. The site in question is located along the Valley Creek Ravine, which is an environmentally sensitive area. It appears portions of the site to the west are geological hazard areas, which are also considered to be environmentally sensitive. 4. Since adoption of the environmentally sensitive areas protection ordinance, the City has not approved any vacations for right-of-way located within an environmentally sensitive area. Proposals that were denied or modified include Haller - STY 93(11)06; Levick/McCoy - STY 93(06)04; Richmond - STV 93(04)02; Ralston/Wilson - STY 92(09)04; and Hall - STY 94(08)04. 5. The applicant intends to combine fourteen lots and vacated alley into one building site and maintain Lot 20 as a separate lot. 6. The property above the top of the ravine is zoned RS-7. Property below the top . . . Planning Commission Minules October 12, 1994 Page 5 of the ravine is zoned PBP. 7. The site is identified as Low Density Residential/Open Space on the Comprehensive Plan land use map. There are Comprehensive Plan Policies identified in the staff report which encourage protection of environmentally sensitive areas. 8. There are no utilities or other improvements to the alley. 9. Portions of the site are subject to the requirements of the environmentally sensitive areas protection ordinance (Chapter 15.20 PAMC). Conclusions A. As conditioned, vacation of the alley is in the public use and interest and would be a public benefit, as it would lower density of the development to a level more conducive to protection of an environmentally sensitive area. B. As conditioned, the street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those identified in the staff report. The motion was seconded by Commissioner Nutter. Commissioner German offered a friendly amendment to allow vacation within 25 feet of the ravine if a buffer reduction could be obtained before the Council meeting. Commissioner King did not accept the amendment. On call for question, the Commission approved the motion by a vote of 6-0. STREET V ACA TION PETITION - SHILLINGTON - STV 94(10)07, Portion of "A" Street: Petition to vacate a portion of " A" Street at Fourth Street. Brad Collins indicated the item should be continued to October 26, 1994, to allow the applicant to be in attendance and to allow the City to investigate the validity of the petition, given the property has changed ownership since the petition was submitted. John Jimerson reviewed the Department Report. Brad Collins added that the property owner has a right-of-way use permit and that the collection of fees is in arrears. Public Works noted that vacation of half of a street is not appropriate. Ken Ridout. Deputy Director Public Works, has had objections to continuing the permit, but they have extended it. Chair Campbell opened the public hearing. John Nagy, 718 W. 6th Street, stated that he enjoys the view opportunity the location provides. . . . Planning Commission Minutes October 12, 1994 Page 6 There was no further testimony. Commissioner Nutter moved to continue the public hearing to October 26 so that the applicant could be present and the validity of the petition could be ascertained. The motion was seconded by Commissioner Winters and passed, 6-0. COMMUNlCA TIONS FROM THE PUBLIC None. STAFF REPORTS Mr. Sawyer provided a presentation which included a work plan for the Senior Planner position for the remainder of 1994 and 1995. After discussion of the work tasks and consequences of losing the Senior Planner position, Commissioner Winters moved to forward a recommendation to the City Council that the Senior Planner position be established as permanent. Commissioner King seconded the motion, which passed unaniamously. Brad Collins introduced discussion on the concept of revenue enhancement for the Planning Department. Chair Campbell expanded on the possibility of a sliding rate scale to be paid by applicants when a project goes beyond the expected. for example, up to twenty hours of staff time. Commissioners Nutter and German were concerned with the public's perception of such a proposal. Commissioner King suggested that it would not be too difficult to project which projects could go beyond the norm in the matter of staff time. Such issues could be discussed with applicants early on in the process making them aware of the extended service requirements. Permits which require excessive time would then be charged at an hourly rate. The Commission expressed interest in more information at the long range meeting. It was decided that since the Public Works Department presently uses this concept, staff would speak with that Department and provide additional information to the Commission at the October 26 meeting. REPORTS OF mE COMMISSION Commissioners Nutter and Winter stated that they would not be at the October 26, 1994, meeting. Commissioner German stated that he had attended the recent City Council goal setting session and was proud of the accomplishments of the City over the past year. Chair Campbell agreed that it is often difficult to get the word out on positive issues. Commissioner Philpott stressed the need to work with business to locate, and remain in the City. In reference to the rumored exodus of J.e. Penney's, Mr. Collins noted that the City tried unsuccessfully to accommodate the proposed expansion within the Downtown, but apparently to no avail. . . . Planning Commission Minules October 12. 1994 Page 7 Commissioner King agreed to represent the Planning commission on the Growth Management Advisory Committee (GMAC). ADJOURNMENT There being no further business, the meeting was adjourned at 10:35 p.m. {/)Ut &!~ Orville Campbell, Chair PREPARED BY: John Jimerson . . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: ~-'::t.n , ~/99y . ... .. .....::N~:: ~ 0~ V\ ~ 1\ (.,'-/ Id r? ~ef?J.t <?...y I . .... ,'H:. .H:c,.{ I. ..' . . .:::.> :..,':".(.::::. ;>.:r:.:..:::..: .. ..<,.. 7-\ ~ ~ 7:-a SO)( . .....,.:..:.::..: .H@iiR~~:.: .:./J:...:: .. 6'H ~I fA / 3~O ;PO-AA,A,,;1. oJ