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HomeMy WebLinkAboutMinutes 10/26/1988 . . . AGENDA PORT ANGELES PLANNING COMMISSION 321 ESB" Fifth Street:; Par,. Angeles. Wsshlngt:;an 98362 OCTOBER 26, 1988 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of October 12, 1988 IV. PUBLIC HEARINGS: 1. STREET VACATION REQUEST - CRONAUERjWHITMAN, STV 88(7)6 - Portion of Caroline Street: Request for vacation of that por- tion of Caroline abutting Lots 9, 10 and II, Block 32, and Lots 7, 8 and 9, Block 37, Norman R. Smith's Subdivision to the Townsite of Port Angeles. (This item was referred to the Comm- ission at the September 20, 1988, meeting of the City Council for further consideration). 2. SHORELINE MANAGEMENT PERMIT - CRONAUER, SMA 88(9)91 - Francis Street south of the Harbor: Request for a shoreline permit to allow development of property within 200' of the shoreline. (This item is continued from the October 12th meeting of the Commission). 3. ZONING CODE AMENDMENT - ADULT RESIDENTIAL CARE FACILITIES - ZCA 88(1)1, City-wide: Request for consideration of legisla- tion amending the Zoning Code regulating the location of senior citizen apartment complexes, boarding homes, elderly care facil- ities and other similar adult residential care facilities. (This item is referred to the Commission from the 10/4/88 City Council Meeting). V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . . . PLANNING COMMISSION Port Angeles, Washington October 26, 1988 I CALL TO ORDER Chairman Wight called the meeting to order at 7:06 P.M. II ROLL CALL Members Present: Larry Leonard, Jim Hulett, Jerry Cornell, Bob Philpott, Donna Davison-Ness, Dick Wight Members Absent: Jerry Glass Staff Present: Paul Carr, Otto Miller III APPROVAL OF MINUTES IV Jerry Cornell moved to approve the minutes of the October 12, 1988 meeting, with the correction on Page 6, noting that Vance Bingham felt that the proposed location for the Pence Bed & Breakfast was inappropriate. Larry Leonard seconded the motion which passed 5-0 wi th Donna Davison- Ness abstaining. PUBLIC HEARINGS The Planning Commission decided to hold the Shoreline Management Permit application, SMA-88(9)9l, first. SHORELINE MANAGEMENT HEARING SMA-88(9)91 PAUL CRONAUER: Request for a permit to allow development of property located within 200 feet of the shoreline. Location: Francis Street. Paul Carr reviewed the staff report recommending approval of the proposed residential use, subject to the conditions that the railroad grade be restored to its original 16- foot elevation and the vegetation and erosion control plan be implemented per the Cease and Desist Order. Louie Torres, representing Paul Cronauer, concurred that res i- dential use was permitted in this zone. There did not appear to be any disagreement on the proposed street plan which has been approved. There did not appear to be an objection to grading lots for residential use in this zone. He disagreed with the conditions of the staff and submitted proposed alternate conditions and findings. Mr. Torres proposed to increase the elevation of the old railroad grade from the current elevation of approximately 20 feet established by the fill placed and compacted on the grade by the applicant, to an approximate 36-foot . . . PLANNING COMMISSION October 26, 1988 Page -2- elevation for a handicapped-accessible ramp. He felt the staff condition to res tore the railroad grade to its original elevation would cut off their proposed ramp and violate the Shoreline Master Program and the Waterfront Trail Plan. He also felt that s taff condition #2 was not necessary, in particular the requirement of placing topsoil to revegetate the site. Dr. Madsen, a nearby resident, submitted pictures and stated that the sod proposed by the applicant would not hold the dirt in the fill area. He was concerned that his house would slip as a result of the approximately 20,000 cubic yards of dirt that the applicant had already moved on the property. Jeff Davis, owner of the house of the west side of Francis Street, was concerned about erosion and potential damage to his house. He has already los t some parking spaces as a result of the activity in the right~of~way. He re- quested an engineer's report for the proposed development of Francis Street to protect his property. Louis Samples, 732 Caroline, stated that the shoreline permit should not be issued and the City should purchase the property. Boyd Dickinson, 1328 O'Brien Road, supported the Cronauer plan, noting that it would provide an access ramp for handicapped people. Mike Langley distributed a letter regarding the trail between Port Angeles and Port Townsend. The group Mr. Langley represents wants the railroad grade returned to, and maintained at its original elevation. He suggested building a retaining wall so that the trail could stay at the original grade. Sue Henning, 119 Forest, distributed a letter from Denise Oakley which supported the applicant's proposal, noting that the proposed access ramps would provide handicapped wheelchair-bound patients with a route to the Waterfront Trail. Vance Bingham read a letter in support of the applicant's proposal, signed by several people. He suggested lengthen- ing the ramp and the approach grade from 8% to 4%, east and west. PLANNING COMMISSION October 26, 1988 Page -3- . Jerry Newlin of NTI, stated that all the engineering work would be done according to proper standards. His firm had evaluated the soil on the site, provided a compaction plan, and tested the compaction afterwards. He also noted that there was no soil brought in or taken out by the applicant. Tom Leinhart noted that with the proposed ramp there would not be a flat trail and it would not be on the waterfront. However, he has no concern with the 20-foot rise in eleva- tion. Louis Sample asked how deep the City would have to dig to reach the existing sewer lines. Louie Torres noted that there would probably be 20 feet to dig to reach the sewer near the railroad grade. Mr. Torres also review- ed the 1915 easement which enables the applicant to build houses over the top of the sewer lines. Tom Jensen stated that the applicant had created a disas- ter in the area. There has been and will be an eros ion problem as a result of the activities. He expressed con- cern that you could not build on fill. . Jewell VanOss expressed concern about raising the trail 20 feet above the es tablished grade. I t would not be aesthetically pleasing and there could be problems with holding the slopes. Joe Melton, 1503 W. 7th, supported the project because it allows and increases access. Jeff Davis noted that there has been no engineering on the stability of the banks and erosion is occurring. Ann Madsen, 811 Caroline, noted that the area sluffs off and the hillside is very fragile. She opposes the propos- ed development. . Paul Carr noted that the primary access for the Waterfront Trail is from the City Pier, which is the trail head, and not from Francis Street as Mr. Torres had indicated. The trail is handicapped-acc~ssible from the City Pier and does not need to be handicapped-accessible from all access points. The applicant's proposed conditions, which would raise the elevation of the Waterfront Trail 20 feet further above the water, would make beach access at Francis Street more difficult. Francis Street is a designated beach access in the Waterfront Trail and is designated in the Comprehensive Parks & Recreation Plan. PLANNING COMMISSION October 26, 1988 Page -4- . In response to a question from Mr. Carr, Mr. Torres noted that they were not going to pave the Francis Street im- provements or the proposed ramp. Dr. Dubigk stated that if the Commission approved the permit it would set a precedent for filling on the other 51 miles of the Waterfront Trail. Carl Gay, attorney representing the applicant, said it would not be a prece- dent outside the City. Chairman Wight closed the public hearing. Following cornmen t s by the Commiss ion, Donna Davison-Ness moved to recommend approval of the Shoreline Permit appli- cation, subject to the staff conditions and citing the staff findings. The motion died for lack of a second. . Jerry Cornell moved to recommend approval of the Shoreline Permit subject to the staff conditions except changing the elevation from the original 16 feet to the currently existing 20 feet, and to note in Condition "B" that the professional engineer should specialize in geology. Larry Leonard seconded the motion. Following further discussion, the second and the maker of the motion withdrew the motion. Following further discussion, Larry Leonard moved to re- commend approval of the application, citing the applicant's conditions and proposed findings as follows: 1) To provide for the implementation of the Waterfront Trail plan in a manner more accessible to all users, the proposed access ramps shall be cons tructed at a "wheel- chair-ramp" grade of not greater that one (1) foot rise per 12 feet or 8-1/2%, in accordance with the attached revised plan. 2) The construction of access ramps and shoreline rip- rap repairs shall not disrupt, damage, or negatively im- pact the costs of maintenance or operations of the City's sewer lines or industrial water lines located within the area of the shoreline rip-rap or access ramps to the Water- Front Trail. . 3) An easement shall be gran ted to the City for public access and utility maintenance, operation, and repair across all of the applicant's property lying north of the southerly edge of the access ramps, and providing that no building construction shall occur within that easement. PLANNING COMMISSION October 26, 1988 Page -5- . 4) To assure the cleares t poss ible unders tanding by all parties of interest to this substantial development permit, the revisions to the grading plan (to accommodate the revised access ramps) shall be added to the currently proposed grading plan to include all areas of proposed grading. That plan shall also include both construction phase and final drainage and storm water control provi- sions and shall be subject to review and approval by the City engineer. . 5) The applicant shall seed with standard highway mix, all exposed soils (except roadbed and pathway areas which shall be graveled) within the project area following com- pletion of site grading for the purpose of erosion control and enhanced visual effect (construction phase drainage and storm water control to prevent erosion shall be in- cluded in that plan noted in "4" above). Seeding shall be accomplished during a season when reasonable germina- tion can be expected as soon as possible following grading. Areas of failed germination shall be re-seeded until suc- cessful, including the use of imported top soil if neces- sary to accomplish successful plant growth. If grading of the access ramps is conducted during a season when seed germination success is limited, the northerly slope of the access ramps shall be covered with sod, said sod being staked in place until firmly rooted. 6) Issuance of the substantial development permit shall be subj ect to receipt of the signature of the applicant upon a copy of the permit with attached conditions acknow- ledging the applicant's responsibility to carry out and accomplish all provisions of that permit including the stated conditions. Findings of fact: A) The proposed development activities are consistent with the Purpose of the Urban Environment of the Shoreline Master Program. B) The provision of trailways and/or access ramps in a manner consistant with the Waterfront Trail Plan is also necessary for compliance with the Shoreline Master Program, in particular Sections C.2, 0.2, D.4a, F.6.h, F. 7 . c, F .16. a, and F. 16 . d . C) The public access and utility easement is necessary to enable the City to maintain and protect its investment in utilities in the shoreline area in a manner consistent with the public health, safety, and welfare, and the local Shoreline Master Program. PLANNING COMMISSION October 26, 1988 Page -6- . D) Provisions of the conditions assures a level of public access usable by the greatest portion of the public includ- ing walkers, and bikers, the handicapped and cardiac patients. . Jerry Cornell seconded the motion. Following further discussion, Jerry Cornell made a friendly amendment, add- ing Condition #7, "Temporary erosion control requirements of the Cease & Desis t Order shall remain in place and effect until such time as a plan is provided and the other conditions are approved and implemented". Following fur- ther discussion, another friendly amendment was made add- ing Condition #8 changing staff condition "B" as follows: "Pursuant to this permit, and in furtherance of the Cease and Desist Order, the applicant shall submit a reclamation site plan to the Planning Department which includes the boundaries of the subj ec t developmen t . This plan will include erosion control, revegetation and site stabiliza- tion, including steps outlined to ensure a successful revegetation project to reduce erosion from exposed cut slopes and reduce the visual impact of the exposed shore- line. Responsibility for the reclamation site plan should be notarized, signed by the applicant and a licensed pro- fessional engineer specializing in geology". Following further discussion, the motion passed 4-2 with Donna Davison-Ness and Dick Wight voting "NO" . Donna Davison-Ness stated her reasons for the opposition was that she favored restoring the site to the original grade of 16 feet and implementation of the staff condi- tions and findings cited in the staff report. She stated she could not believe the Commission would adopt the re- commendations of private business out for private gain and not reflect the advice of the City staff that works for and in the public interest. It appears that the pub- lic access has become a hostage to private gain and a way to get approval for work done wi thou t permits. The Commission I s actions make the destruction of the natural environment legal. Dick Wight voted no because there were too many unanswer- ed que~ti6ns with respect to the Francis Street access and denial was the best option. . Donna Davison-Ness moved to recommend that the adult care public hearing be set as the first item for the first meeting in November. Bob Philpott seconded the motion which passed unanimously. . . . PLANNING COMMISSION October 26, 1988 Page -7- Larry Leonard moved to hear the public hearing on a pro- posed street vacation following a 5-minute recess. Jerry Cornell seconded the motion which tied 3-3 and therefore failed. Chairman Wight then called for a 5-minute recess. Following the recess, Larry Leonard moved to continue the street vacation to the first meeting in November as the #2 item, following the adult care facilities public hearing because the applicant had no problem with a delay. Donna Davison-Ness seconded the motion which passed unani- mously. v COMMUNICATIONS FROM THE PUBLIC Louis Sample suggested the Council Chambers be outfitted with a blackboard. The Planning Commission agreed. VI STAFF REPORTS VII Paul Carr noted that he had talked with the Department of Community Development and was arranging a short course for the Planning Commission jointly with the Planning Commission in Port Townsend. He also noted that Service Master had submitted a conditional use permit application as a result of the department correspondence. REPORTS OF COMMISSIONERS Bob Philpott moved to reschedule the long-range meeting of the Planning Commission to the Tuesday before Thanks~ giving. Larry Leonard seconded the motion which passed unanimously. Donna Davison-Ness conunented on the public hearing and the Commission process. Bob Philpott commented on the same hearing. Mr. Philpott moved to invite the City Council to the Planning Commis- sion's second meeting in January. Larry Leonard seconded the motion which passed unanimously. Jerry Cornell commented on the previous public hearing. Leonard cornmen ted on the same public hearing and that the Public Works Department and Planning Depart- were working on revisions to the Short Plat Ordinance a group of developers and citizens. Larry noted ment with Dick Wight submitted his draft adult care memo Council. The Commission was going to read the and comment at the next meeting. to the letter . . . PLANNING COMMISSION October 26, 1988 Page -8- VIII ADJOURNMENT The meeting adjourned at 11:45 P.M. c ~~.-..J!~ Paul D. a , Secretary Tape condition: fair il;6:jl/~ . CITY of 'PORT ANGELES ATTENDANCE ROSTER ,oLA NN\~C; T'iPE OF ~1EIITING DATE OF t1EEI'ING LOCATION ~/cj~~~i NAME: CITY HALL ADDRESS: . o '7'/2 Vf~ J-/A S7 _ r~~ ws11"-- DKl, .,. ... /C 6Y~ ~p~ ..)'0 9 If} r 4 CP/J '. 3 III IJ-V~ Pf6\ .G~~ ~T>>4 ~~~. ~~ ,I y.)J ~/lAJ~ /~O/ f/tll ~~r~ \D~ ~~ /l~ . .f7d~/j4 602~ Soo. 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