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HomeMy WebLinkAboutMinutes 10/25/2006 ~ORTANGELES WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street October 25,2006 6 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of October 11,2006 IV. PUBLIC HEARINGS: . 1. PRELIMINARY SUBDIVISION - STEPHENS: Viewcrest Street east of Peabody Street: Development of a 2.36 acre site into 9 residential lots in the RS-7 Residential Single Family zone. (Continued from October 11,2006.) 2. STREET VACATION PETITION - LIPMAN/STONE - STV 06-08: West one- half of Vine Street between Lopez/Whidby and Lopez/Orcas Alleys. 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-07. CLALLAM TRANSIT AUTHORITY- Railroad Avenue between Lincoln and Laurel Streets: A permit authorizing the repair, maintenance, and reconstruction of stormwater and sanitary sewer utilities within the shoreline area. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Chene Kldd (Chalr), Dave Johnson (VIce ChaIr), Kevm Snyder, John Matthews, Stanley Hams, Werner BeIer, Doc ReISS PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Plannmg Manager, Nathan West, PnnClpal Planner, Scott Johns, ASSOCiate Planner . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 25, 2006 6:00 p.m. ROLLCALL Members Present: Cherie Kidd, Dave Johnson, Kevin Snyder, John Matthews, Stanley Harris, Wemer Beier, Doc Reiss Members Absent: None Staff Present: Sue Roberds, Scott Johns, Nathan West, Jim Mahlum Public Present: Steve Zenovic, Rodney and Tina Lipman, Randy Stone, Kay Kassinger, Quint Boe, Shellie Wetzel, Terry Weed, Paul Lamoureux, Clay Rennie CALL TO ORDER Salute to the Flag was led by Commissioner Snyder. . APPROVAL OF MINUTES Commissioner Snyder moved to approve the October 11, 2006, regular meeting minutes as submitted. The motion was seconded by Commissioner Reiss and passed 6 - 0 with Commissioner Johnson abstaining due to absence at the meeting. It was determined that the Commission would discuss approval of the August 9,2006, minutes at the close of the meeting. PUBLIC HEARINGS: 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. Commissioner Reiss preferred to leave the room stating a possible Appearance ofFaimess issue in that he is personally friendly with the applicant. PRELIMINARY SUBDIVISION - STEPHENS: Viewcrest Street east of Peabody Street: Development of a 2.36 acre site into 9 residential lots in the RS-7 Residential Single Family zone. (Continued from October 11, 2006.) . Associate Planner Scott Johns reviewed the Department report recommending approval of the preliminary subdivision with conditions relative to placement of driveways to the residences fronting on Peabody Street. He noted that the interior street will be dedicated as a public street. Commissioner Beier asked whether the proposed design is in line with the City's policies to continue the grid system ofland development. Planner Johns responded that the proposal is in line with the City's planned development and particularly in this area where the grid system is not as . . . Planmng CommiSSIOn Mmutes October 25, 2006 Page 2 prevalent as in other areas of the City. The platting is in accord with neighborhood development. Planner Johns continued to respond to questions regarding traffic issues, sight concerns, and stormwater planning for the area. Chair Kidd opened the public hearing. Steve Zenovic, 601 East Sixth Street represented the applicants and further explained planned stormwater development for the interior lots. He explained that due to concerns raised by neighbors, he had measured the distance from the south lot south to the crest of Peabody Street to be approximately 300' with a slope greater than 9%. Washington State Department of Transportation criteria indicates a stopping distance needed of 125' at a speed of25 mph with a stopping distance of 300' for a speed of 40 mph. With the posted speed limit in the area being from 15 to 25 mph, there should not be a problem even ifthere were a sight distance traveling north on Peabody Street from the south in the area of the crest of the hill. He is aware that traffic in the area may not always travel the posted speed, and particularly with the High School in the area and the 9% grade, the speed may normally exceed the posted speed limits. However, given the distance of 300' to the closest property in the subdivision to the crest ofthe hill, there should not be an issue that is relative to the proposed subdivision development. Commissioner Beier asked if views from the south to the north could be jeopardized with the development. Mr. Zenovic responded that if a residential structure on Lot 5 were to be the permitted 30' in height, some view may be slightly diminished from the closest property to the south. Commissioner Snyder asked :if !hought had been given to a redesign such that access from Viewcrest were planned rather than any access off Peabody. Mr. Zenovic responded that this was discussed with the applicant and he is aware that both staff and the applicant favored such a design. However, access from Viewcrest would result in a reduction of one less lot and is not the preferred design of the property owner. There being no further discussion, Chair Kidd closed the public hearing. Chair Kidd opened discussion with her concern that access onto Peabody in this location may present a dangerous traffic situation. Planner Johns responded that staff has done considerable sight investigation on this issue and is convinced that it is not so much a sight problem as a speed problem. Staffhas spoken with the Police Department regarding neighborhood comments and were informed that there are no incidents of record in the area. The Police Department and the City's Engineering Department will monitor the area and possibly perform a speed evaluation or resort to other mechanisms to slow down traffic if it is determined that speed is a problem in the area. Following continued discussion on sight development, it was determined that the Commission would forward a recommendation of approval of the subdivision to the City Council but asked staffto assist in supporting findings for an additional condition relative to driveway access from Peabody. The Commission took a 15 minute break at 6:45 p.m. The meeting reconvened at 7:00 p.m. Commissioner Beier moved to recommend approval of the preliminary subdivision subject to eight conditions, citing the following findings and conclusions: Conditions: 1. The interior street shall be named and dedicated to the City, including a 20- foot wide travel surface and a 90-foot radius cul-de-sac and sidewalk constructed to City urban service standards prior to approval of the final plat. Signage shall be placed on the cul- de-sac indicating that street parking is prohibited. . Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland within the State of Washington. 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. It shall 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, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and 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. Section 16.08.050(B)(I) PAMC 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 of 90 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. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed subdivision. Their comments have been incorporated in the Department's recommendation. . . Planmng CommISSIOn Mmutes October 25, 2006 Page 3 2. Peabody Street and Viewcrest shall be improved to the City's urban arterial standards, including sidewalk. Electric utility service shall be underground. A 10- foot utility easement shall be provided on private property adjacent to all streets. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities Department with an 8 inch main. Stormwater improvement plans shall be submitted to the Public Works and Utilities Department for review and approval per the City's Urban Services Standards and Guidelines and installed or bonded for prior to final plat approval. Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Peabody Street to the unnamed cul-de-sac as shown on the preliminary plat. Address numbers provided by the Building Division shall be placed on the plat. All street improvements shall be made to Public Works and Utilities Department standards prior to final plat approval. The design of Lots 3, 4, and 5 shall include driveway access located at the most northern locations on the lots to Public Works and Utilities design standards. 3. 4. 5. 6. 7. 8. 9. 3. 4. Planmng CommiSSIOn Mmutes October 25, 2006 Page 4 . 5. 6. 7. Preliminary approval is based upon a drawing dated received October 17, 2006 prepared by Zenovic and Associates. The subject property is identified as Low Density Residential on the Port Angeles Comprehensive Plan land use map. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.l, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.ll; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.l, B.3, BA, B.5, B.6, B.7, C.2, C.3, CA, and C.5. 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family RS-7, which allows a density of up to 6.22 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 7,000 square feet in SIze. . . The site is currently served by Peabody Street and Viewcrest Avenue. Peabody Street is an arterial street and both Peabody and Viewcrest are designated school walking routes. There are no environmentally sensitive areas on the site. The site slopes down from south to north. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. Transit service is available ,Hong Peabody Street. Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 15. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School busses travel on Peabody Street. 11. 12. 13. 14. 16. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 17. 18. The City's Police, Fire, and Public Works and Utilities Departments will service the site. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1181) on October 23,2006, therefore satisfying the City's responsibility under the Act. 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. 19. Plannmg COITIlTIlsslOn Mmutes October 25, 2006 Page 5 . 21. . B. D. . 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. Three letters representing 5 neighborhood residents were received by the Planning Department during the public comment period which were presented to the Planning Commission for review during the public hearing. All the letter writers indicated that sight distance is reduced in the area proposed for the subdivision and that speed limits are exceeded in the area, creating a dangerous situation for drivers attempting to access Peabody Street in the area proposed for a subdivision. Testimony and comment concerning the speed oftraffic in the area of the subdivision was received from area residents during the October 25, 2006, public hearing before the City of Port Angeles Planning Commission. The proximity of the proposed lots to the crest of Peabody Street described as being 300 feet south of the southwest comer of Lot 5 was discussed as the primary neighborhood concern, for safety reasons. Testimony was provided by the applicant's engineer regarding acceptable and standard WSDOT stopping distances for traffic traveling in residential areas. Conclusions: 20. A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 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. 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 Growth Management Act. As conditioned, lot access will be placed from the furthest point of the lots away from the crest of Peabody Street on Lots 3, 4, and 5. Speed rather than sight distance was determined to be the issue of concern rather than sight distance and specific driveway location is required to address this concern. The motion was seconded by Commissioner Snyder and passed unanimously. Commissioner Reiss returned to the meeting room. C. E. STREET Y ACATION PETITION - LIPMAN/STONE - STY 06-08: West one-half of Vine Street between Lopez/Whidbv and Lopez/Orcas Alleys. Associate Planner Scott Johns reviewed the Department's report recommending approval of the vacation of right-of-way as petitioned. Mr. Johns responded to Commissioner's Planmng CommiSSIOn Mmutes October 25, 2006 Page 6 . questions that a turn around would be retained by the City for emergency purposes. The area would not need to be further developed because it is already used as a City Street. The turn around area would simply remain as it currently exists and could not be fenced off or be made inaccessible. Chair Kidd opened the public hearing. Petitioner Randy Stone, 437 Lopez A venue stated his concern that the turn around not encroach into his usable yard area. He also believes that the compensation figure set by the City Council's Real Estate Committee does not take into account the fact that significant City utilities are located in the right-of-way which severely restricts his use of the property if purchased. Kay Kassinger, 2603 South Francis Street represented the Housing Authority of the County of Clallam (HACC), the neighboring property owner to the east. The HACC does not object to the vacation and is in fact in favor of the action. However, she asked that if vacated, the access not be blocked until the HACC's development is far enough along such that the access alleys are improved. She believes that Messrs. Stone and Lipman will be cooperative in this matter but wished to make it a matter of record. Discussion continued with Mr. Stone regarding use of the area that would be retained by the City for emergency turn around purposes. Planner Johns noted that a portion ofMr. Stone's residence encroaches into the right-of-way. Retention of the turn around portion ofthe right-of- way would not hinder his established use of that area. . There being no further discussion, Chair Kidd closed the public hearing. In response to a question from the Commission with regard to timing, Ms. Kassinger noted that 90 days would allow sufficient time for improvement owners within the HACC's development to complete alley access ways. The right-of-way would allow Mr. Stone to own that area of the right-of-way where his home exists. Commissioner Beier moved to recommend approval of the right-ol-way vacation as proposed citing the following conditions, findings and conclusions: Conditions: 1. Property owned by the petitioners and right-of-way acquired through the subject vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of quit claim deeds for the right-of-way. 2. A utility corridor shall be identified in the vacated right-of-way and a utility easement shall be created over the corridor. No structures may be developed within the easement area. 3. Vine Street shall not be closed to traffic for at least 90 days from the date of issuance of a quit claim deed to allow for access to be improved to properties east of Vine Street in the Housing Authority of Clalla~ County's development. . Findings: 1. A petition requesting the vacation of the remaining portion of the Vine Street right-of- way situated immediately north and south of Lopez Avenue abutting Lot 1, Block 12 Puget Sound Cooperative Colony, 2nd Addition and Lot 20, Block 17, Puget Sound . . . Planmng CommISSIOn Mmutes October 25, 2006 Page 7 2. Cooperative Colony, 2nd Addition was submitted on August 29,2006, by abutting property owners Rodney Lipman and Randy Stone. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when the vacation of right-of-way is proposed. The subject petition is signed by 100% of the abutting property owners. The subject area is zoned RS-7 Residential Single Family and is developed with single family structures. The RS-7 zone allows the basic single family development uses including accessory structures with lot coverage up to 30% on minimum 7,000 square foot lots. The east one-half of Vine Street was vacated in 1987, and that portion ofthe Lopez Avenue right-of-way extending east from the Vine street centerline was vacated in 1957. Abutting properties to the east including the vacated rights-of-way (Vine Street and Lopez Avenue) were replatted into what is known as the Olympic Vista Subdivision in 2006. The remaining one-half of Vine Street contains utilities and provides a short cut access to some neighborhood properties. Properties in the area are served with access from other rights-of-way. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. .' ~ The Port Angeles City Council's Real Estate Committee met on September 18, 2006, and established a value for the unopened right-of-way based on the value of surrounding property assessments. The subject areas are each approximately 120' x 40' in area. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. The site was posted regarding the proposed land use action on October 11, 2006, with required publication notification appearing in the Peninsula Dailv News on October 13, 2006. 3. 4. 5. 6. 7. 8. 9. Consolidation of the right-of-way following vacation can be accomplished by the filing of Zoning Lot Covenants which would combine the vacated property with the abutting lots owned by the applicants into individual building sites. 10. At its September 19, 2006, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as November 7, 2006. 11. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 25, 2006, and forwarded a recommendation to the City Council for consideration. 12. Testimony was provided during the October 25th public hearing by a representative of property east of Vine Street requesting that access to that area not be restricted an improved access to residential properties within the Housing Authority of the County of Clallam's development is completed. Plannmg CommiSSIOn Mmutes October 25, 2006 Page 8 . Conclusions: A. The right-of-way currently provides a short-cut route for traffic in the area but is not needed for primary or secondary access to any property, and serves no purpose in current or long range transportation planning needs of the City. As conditioned, an emergency turn around will be maintained to serve the area. B. The vacation will place unneeded property on the City's tax roles and is therefore in the public interest. C. As conditioned, consolidation of the petitioners' property ownerships with the vacated right-of-way is in accordance with expected land management and development policies, and is consistent with development standards of the RS- 7 Section 17.10 ( RS- 7 Zone) of the Port Angeles Municipal Code. The site consolidation will appropriately combine the vacated right-of-way as part of an acceptable building site. D. The proposal is consistent with the goals and policies ofthe City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. The motion was seconded by Commissioner Snyder and passed unanimously. . SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-07. CLALLAM TRANSIT AUTHORITY- Railroad Avenue between Lincoln and Laurel Streets: A permit authorizing the repair, maintenance, and reconstruction of stormwater and sanitary sewer utilities within the shoreline area. Associate Planner Scott Johns reviewed the Department's report recommending approval of the utility placement within the shoreline area and responded to questions. Mr. Johns noted that the Elwha Klallam Tribe had been sent three notices of the application materials and that two phone calls had been placed in an effort to keep them informed of the proposal. No written comments were received. Engineer Jim Mahlum responded to questions on behalf of the City's Public Warks and Utilities Department. Mr. Mahlum noted that this work is being done concurrently with the proposed Gateway development but that it would be done irregardless of that project. It is more convenient to do the work concurrently. No work will be done in the sidewalk area which will be kept open during the construction process. Chair Kidd offered thanks to the City crews for the quality of recent work in the Lincoln Street corridor and the relatively little, disruption of traffic during the course of the project. . Terry Weed represented the applicant, the Clallam Transit Authority, 830 West Lauridsen Boulevard. Mr. Weed had nothing to add but was available for questions. Paul Lamoureux, 602 Whidby Avenue hoped that the City understood the ramifications of building in a floodplain. He described some of the historic flooding in the area due to the below ground location of at least one of the parking areas along Railroad Avenue. He hoped that the City would observe appropriate stormwater construction practices and is cognizant of CSO (combined sewer overflow) issues. Planmng CommiSSIOn Mmutes October 25, 2006 Page 9 . There being no further comment, Chair Kidd closed the public hearing. Following brief discussion Commissioner Beier moved to approve the shoreline substantial development proposal with the following conditions, and citing the following findings and conclusions in support of the action: 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 of the Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department of Community and Economic Development. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may 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 archaeological resources are handled in accordance with applicable law. In the event archaeological artifacts, features or human remains are discovered, the permittee will immediately notify the Tribal Chair and specified Tribal staff by both letter and telephone, as well as the City. The City, in turn will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27.44 and 27.53. 2. . . 3. As required by P AMC Section 15.12.260 (C. 2.), new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters in the systems and discharge from the systems into flood waters. 4. The waterfront trail shall remain accessible to the public throughout the duration of the construction. 5. All best management practices to reduce erosion, sedimentation, and the creation of dust shall be maintained and in place throughout the duration of the project to reduce impacts to the Port Angeles Harbor and the Downtown. Findings: Based on the information provided in the October 25,2006 Staff Report for SMA 06-07 including all of its attachments, comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. An application for a shoreline permit was submitted by Clallam Transit System, on September 27, 2006, which includes improvement to infrastructure partially within the shoreline area. Proposed work will occur within the public right-of-way on Railroad Avenue between Lincoln Street and Laurel Street. The project will occur in association with a larger development project in the Downtown area that is located outside of the . . . Plannmg CommISSIon Mmutes October 25, 2006 Page 10 shoreline jurisdiction. The utility repair and maintenance project would occur whether or not the larger project is developed. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on October 24,2006. 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 Commercial in the City's Comprehensive Plan, Central Business District in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 5. Chapter 5 of the City's Shoreline Master Program Use Matrix indicates utilities are permitted uses in the U-H designation. Chapter 6, Section I, Regulation 13 specifically states that repair, maintenance, and armoring of existing utility lines is a permitted use. 2. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, Utilities and Public Services Element Policies A-I, B-1 D-l and 7, E-5; and Conservation Element Policies B-1, 2, 9, 10, 11, 12, D-6, the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, and D-l, Chapter 5, Policies D-l and 2, and Chapter 6, Policies 1-1 and 4, with all associated regulations. A portion of the proposal is located in the AO Flood Zone. The AO Zone is defined as areas of 100 year shallow flooding where depths are between 1 and 3 feet; average depths of inundation are shown, but no flood hazard factors are determined. Section 15.12.260 C 2, requires that new and rePlacement sanitary sewage systems are designated to minimize or eliminate infiltration of flood waters in the systems and discharge from the systems into flood waters. 8. The City's waterfront trail runs east and west along the length of the project on Railroad Avenue. The work is not anticipated to disrupt access to the waterfront trail. 9. Agencies with jurisdiction were mailed notice and copies of the application materials on October 3, 2006. Telephone messages were left with designated tribal leaders of the Lower Elwha Klallam Tribe, on October 6 and October 9,2006. 10. Notice of the project was published in the Peninsula Daily News on October 1, 2006. Notice of the proposal was mailed to property owners within 300 feet of the project site on October 10, 2006. The site was posted on October 10, 2006. 6. 7. Conclusions: Based on the information provided in the October 25,2006 Staff Report for SMA 06-07 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project as conditioned, is consistent with the City Comprehensive Plan, Zoning Ordinance, Critical Areas Ordinances and Shoreline Master Program. . . . Planmng CommiSSIOn Mznutes October 25, 2006 Page 11 The project will not be detrimental to the shoreline and is a permitted use under Chapter 5 of the City's Shoreline Master Program. The project will be developed in accordance with Section 15.17.260(C) PAMC. As conditioned, the proposed project will not interfere with the public use ofthe shoreline or be detrimental to views of lands or waters within the shoreline jurisdiction. B. The motion was seconded by Commissioner Reiss and passed unanimously. APPROVAL OF MINUTES (Continued) Chair Kidd noted that the Commission had been provided with a draft copy of the August 9,2006, minutes on several occasions by staff but that at no time since the meeting had a quorum of those present been present for consideration of adoption of the minutes. A quorum was present and Chair Kidd asked for a motion to approve the minutes. Commissioner Matthews moved to approve the August 9, 2006, regular meeting minutes as presented. The motion was seconded by Commissioner Harris and passed with those present from the meeting (Commissioners Matthews, Harris, Kidd, Johnson) voting in favor of the motion. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Reiss'was very concerned that the issue of sidewalks is not being addressed by the City and hoped that staff might be able to come up with some creative ways in which the Commission could press the issue with the Council. Staff offered to meet with Commissioner Reiss to determine exactly what his concerns are and go from there. ADJOURNMENT The meeting adjourned at 8:15 p.m. ~J~iX~ PREPARED BY: S. Roberds . ~ORTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCt<.; ROSTER AND TESTIl\10NY SIGN-UP SHEET FLEASE SIGN IN Meeting Agenda of: 1X.775i3ze... c;.s-I ~ b I 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. u~ . C: \MyFiles\FORMS\MtgrostPC. wpd Agenda Item No. ~2.- #r -it #-3 ~ #- *2- :I::l-~