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HomeMy WebLinkAboutMinutes 11/12/1997 HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE. Cd AGENDA CITY OF PORT ANGELES PLANNING COMM:ISSION 321 East Fifth Street Port Angeles, W A 98362 November 12, 1997 7 :00 p.m. I. II. III. . IV. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: Meeting of October 22, 1997 PUBLIC HEARINGS: 1. COMUTIONAL USE PERMIT - CUP 97-16 - SERENITY HOUSE OF CLALLAM CO_UNTY - 2201 West 18th Street. Request to allow the construction of an approximately 5,000 square foot structure that will be utilized to accomplish the social service intent of the service provided by Serenity House at this location in the RMD, Residential Medium Density district. 2. SHORELINE.SlIBSTANTIAI,DEYELOPMF.NT PF.RMIT - SMA 97- 14 - CITY OF PORT ANGELES - 640 Ediz Hook Rd. A proposal to place approximately 75' of rip rap along the shoreline in the IH, Industrial Heavy zone to protect the shoreline area. (Continue to December 10, 1997.) 3. CONDITIONAL USE PERMIT - CUP 97-19 - ADMIRAL MARINE- 118 North Cedar Street: A proposal to allow a retail sales use in the IH, Industrial Heavy district on property that contains a boat building use. 4. SHORElINE SUBSTANTIAL DEVELO.n1.ENT PERMIT - SMA 97- 15 - CITY O~ORT ANGELES/CELLULAR-ONE - 85D-.ErlizHonkR.d~ Request to allow the addition of a pre-fabricated 12' x 20' structure with a backup generator for cellular use in the IH, Industrial Heavy district. . PLANNING COMMISSION: Tim Gennan. (Chair), Dean Reed (Viee), Bob King, Cindy Souders, Linda Nutter, Mary Craver, Fredric Hewins STAFF: Brad Collins, Director, Sue Roberds Planning Specialist, David Sawyer, Senior Planner. . . . 5. MUNICIPAL CODE AMENDMENT - MCA 97-03 - CITY OF PORT .ANGELE~nvironmentally Sensitive Area(ESA); Proposal to amend the City's Environmentally Sensitive Areas (ESA) Ordinance, No. 26S6, to further defme what areas are classified as ESAs and how applications are processed. (Applicant requests that this item be continued to December 10, 1997. ) V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS vn. REPORTS OF COMMISSION MEMBERS vm. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. 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 Chair 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 Chair. . . . l\fiNUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 12, 1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Fredric Hewins, Dean Reed, Bob King, Mary Craver, Tim German Member Absent: Cindy Souders Staff Present: David Sawyer, Sue Roberds, Dan McKeen Public Present: Melinda Szatlocky, EJ. Beckett, Naomi Wu APPROVAL OF MINUTES Commissioner Hewins moved to approve the October 22, 1997, regular meeting minutes. The motion was seconded by Commissioner Craver and passed 4-0 with Commissioners Reed and Nutter abstaining. (The minutes will reflect that Commissioners Reed and Nutter were not present at the October 22 meeting.) PUBLIC HEARINGS: Chair German stepped down from the dais and left the room for the proceedings as he stated an appearance of fairness with the first agenda item. Vice Chair Reed assumed the Chair. COIWlIlONAL USE PERMIT - CUP 97-16 - SERENITY HO_USE_UE CLALLAM...CO_UNTY - 22DLWesLIBtlLSrre_el: Request to allow the construction of an approximately 5,000 square foot structure that will be utilized to accomplish the social service intent of the service provided by Serenity House at this location in the RMD, Residential Medium Density district. Senior Planner Sawyer reviewed the Planning Department's report and answered questions regarding the site layout and parking improvements. In response to a question from Commissioner King regarding use ofthe site for the Sequim Boys and Girls Club that an applicant provided testimony for in October, 1977, Mr. Sawyer answered that in conversations with Dan Jacobs, Executive Director of Serenity House, he was told that the club may provide some after school activities for resident children only. Ifit is desired to establish a club use open to neighborhood children at this site, a condtional use permit specific to that proposal will be required. Mr. Sawyer explained the boundary line adjustment process that is pending for the site and the adjoining site to the north. He explained the site circulation and that the property to the . . . Planning Commission MinuIes November 12. 1997 Page 2 north will access from 16th Street not from 18th Street. There will be no through traffic on either of the two sites. There being no further questions, Vice Chair Reed opened the public hearing. Melinda Szatlocky, 32 Southridge, Port Angeles, represented the application and asked for approval. The day care use will be licensed for 28 children and will operate from 6:30 a.m. until 10 p.m. daily. Employees will stagger work schedules such that approximately two- thirds of the employees will work the typical 8 a.m. to 5 p.m. time period. Staff has calculated the need for parking to be four (4) more parking spaces than are shown on the submitted site plans. It may be necessary to request a variance in parking requirements to accommodate the proposed uses if site planning does not produce the additional four spaces or the proposed use is not reduced in size. E.J. Beckett, 421 East 12th Street, is the Family Shelter Coordinator for Serenity House. She encouraged approval of the use as proposed to allow consolidation of the uses that currently are associated with the Evergreen Family Village use but which operate at different sites. Approval of the use as requested will assist the best efforts of Serenity House and community volunteers. There being no further testimony, Vice Chair Reed closed the public hearing. COnmllssioner King moved to approve the use as requested citing the conditions, findings, and conclusions as follows: Conditions: L Approval of this CUP is subject to submittal of, and approval by, the Planning Department ofa scaled parking plan in compliance with the City's Parking Ordinance. 2. A Boundary Line Adjustment shall be completed creating the lot configuration as proposed in the submitted application included in the November 12, 1997, Planning Department Staff Report for CUP 97-16. Findings: Based on the information provided in the staff report (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: L The applicant, Serenity House of Clallam County has applied for a conditional use permit to operate a social services agency providing 24-hour residential care (see November 12, 1997 Planning Department Staff Report for CUP 97-16). . . . Planning Commission MinuIes November 12. J 997 Page 3 2. Existing land uses adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: multi-family housing complex (under construction) industrial park uses church facility multi-family housing complex; 3. The Comprehensive Plan identifies the site as Medium Density Residential (MDR); 4. The subject property is zoned Residential Medium Density (RMD); S. A social service agency providing 24-hour residential care is a conditionally permitted use in the RMD, Residential Medium Density district. 6. An Adoption of Existing Document (Mitigated Determination of Non- Significance and Adoption of Existing Environmental Document #639) was issued for the proposed project on November 5, 1997 (See November 12, 1997 Planning Department Staff Report for CUP 97-16). 7. In 1995, the Planning Commission approved CUP 95-13 for the overall project as a combined transitional housing and day care facility. In March of 1997, the first phase of the project (housing portion) was completed. 8. CUP 95-13 authorizing phase two of the project (the child care and administrative facilities portion) expires March 13, 1998, unless activated by application for a building permit. Conclusions: Based on the information provided in the staff report 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. Land Use Element Goal A, Policy No.2, Goal C, Policy No.1, Utilities and Public Services Element Goal B, Policy No.2, and Housing Element Goal B and Policy No.9 have been identified as being most relevant to the proposed project. B. As conditioned, the proposed use is consistent with the City's Comprehensive Plan including but not limited to Land Use Element Goal A, Policy No.2, Goal C, Policy No.1, Utilities and Public Services Element Goal B, Policy No.2, and Housing Element Goal B and Policy No.9. c. As conditioned, the proposed use is consistent with the City's Zoning Ordinance including the intent of the RMD zone. . . . Planning Commission Minutes No~'ember 12. 1997 Page 4 D. As conditioned the proposed project is not contrary to the public use and interest. The motion was seconded by Commissioner Craver. Following clarification requested by Commissioner Nutter that this permit application does not include a Boys and Girls Club use, the motion passed 5 ~ O. Chair German returned to the meeting. SHORELINE SUBBIA.lYIIALUEY.ELO~NI...URMIT - S.MA9-.1: 14 - CITY OE1~ORIANGELES-=-6AQEdizB.o_okRd> A proposal to place approximately 75' of rip rap along the shoreline in the IH, Industrial Heavy zone to protect the shoreline area. (Continue to December 10, 1997.) Chair German noted that the applicant has requested that the item be continued to December 10 1997, and opened the public hearing. Commissioner Reed moved to continue the public hearing to December 10, 1997. The motion was seconded by Commissioner Nutter and passed 6 - O. Commissioner Hewins excused himself from the meeting due to an appearance of fairness as he is an employee of Admiral Aerocomposites. COMJIILOlSAL_USE-.URMIT - CUP 9J.=19~MlRALMARIl'S~ ll8--Nj)rth_Ce.da.LSt.Led~ A proposal to allow a retail sales use in the IH, Industrial Heavy district on property that contains a boat building use. Senior Planner Sawyer reviewed the Planning Depannent's staff report and answered a question from Commissioner Craver that the project would require a shoreline sustantial development permit if exterior work required for the use exceeds $2,500. Ken Speer, 1733 Woodllaven Drive, represented the application and stated that the proposal is to allow incidental retail sales on a minor basis. It is not intended that a strong retail sales use will occur at this site. The service is mostly for convenience to those who need minor supplies that Admiral has in stock and which are being supplied to clients who are working on their vessels in the Admiral yard area. In response to Commissioner Craver, Me. Speer said he understood that if paving for the parking area is planned or required, it may put the cost of the project over $2500 which will trigger a shoreline substantial development permit. There being no further testimony, Chair Gennan closed the public hearing. Commissioner Reed moved to approve the conditional use permit as proposed with the following conditions, findings, and conclusions: . . . Planning Commission Minutes November 12, /997 Page 5 Conditions: 1. All aspects of the project shall meet or exceed all Loca], State, and Federal codes, including the Uniform Building, Fire and Electrical Codes as adopted by the City of Port Angeles. 2. Seven parking spaces improved consistent with the City's Parking Ordinance and the Public Works Department's Standards and Guidelines shall be completed prior to final issuance of a Certificate of Occupancy for the proposed use. 3. Ifit is determined that a shoreline permit is required for improvement of parking spaces, approval of such a permit shall be required prior to improvement of the required parking spaces. Findings: Based on the information provided in the November ]2,1997, Staff Report for CUP 97-19, (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. The applicant, Admiral Marine Works has applied for a conditional use permit for a retail use incidental to a permitted IH use to be located at 118 N. Cedar Street as proposed in the November 12, 1997 Staff Report for CUP 97-19 Attachment A. 2. The Comprehensive Plan Land Use Designation for the subject property is Industrial. 3. The subject property is zoned Industrial, Heavy (1H). 4. A Determination of Non-Significance was issued for this proposal on November 7, 1997, and is attached as Attachment B of the November 12, 1997 Staff Report for CUP 97-]9. 5. A retail use incidental to a permitted IH use is a conditionally permitted use in the IH zone. 6. Ship building is a permitted use in the IH zone. 7. The proposed use requires seven (7) additional parking spaces. 8. The proposed parking area does not currently meet the parking lot improvement requirement ofthe City's Parking Ordinance. 9. The proposed use is a permitted use in the City's Urban-Harbor Shoreline designation. 10. Items to be sold will be marine related products used by Admira] Marine in their own ship building and maintenance operations. 11. Per P AMC 17.96.070 approval of a conditional use permit is valid for a period of one year from the date of its original approval. . . . Planning Commission MinuIes November 12, J 997 Page 6 Conclusions Based on the information provided in the November 12, 1997 Staff Report for CUP 97-19 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 Comprehensive Plan's Land Use Element Policies A2. Dl and 02 are directly relevant to the proposed project. B. As conditioned, the proposed use is consistent with the intent of the Comprehensive Plan's Commercial Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2, Dl and 02, and the regulations of the City's Zoning Ordinance, and the IH zone. C. As conditioned the proposed project is in the public use and interest. Commissioner King seconded the motion which passed 5 - O. Commissioner Hewins returned to the meeting. SHORELINE SUBSTANTIAl> DEVELOPMENT PERMIT - SMA 97- 15 - CITY OF PORT ANGELESLCELLULAR ONE - 850 Ediz Hook Rd. Request to allow the addition of a pre-fabricated 12' x 20' structure with a backup generator for cellular use in the IH. Industrial Heavy district. Planner Sawyer reviewed the Planning Department's report and answered a question from Commissioner Reed as to staff's proposed revision to the standard condition placed on all shoreline substantial development permits where Tribal concerns may be at issue. Mr. Sawyer stated that he used the revised wording from the previous DAISHOWA AMERICA shoreline permit but was not opposed to revision by the Commission at their direction. Commissioner Reed felt that the previous revised wording was such due to a beforehand agreement with the Lower Elwha Klallam Tribe in writing. He was not in favor of amendment to the standard Tribal wording/condition under any other circumstances. Chair German opened the public hearing. Naomi Wu, Communications Manager, City Police Department, 321 East Fifth Street, provided background for the application by stating that Cellular One approached the City with an offer to provide the pre-fabricated building and backup generator in exchange for use ofthe site. As part of the City's agreement with Cellular One, if Cellular One should cease their operation at this site, the building and equipment will be donated to the City. The equipment will be used to provide emergency power for operation ofthe tower facility and will result in upgrade to communications between emergency personnel and dispatch. The City does not have funds for the proposed upgrade and the partnership with Cellular One will cost the City nothing but is a beneficial partnership in the public's interest. There being no further testimony, Chair German closed the public hearing. Planning Commission Minlltes November /1, 1997 Page 7 . Commissioner Hewins moved to approve the permit as proposed citing the following conditions, findings, and conclusions: Conditions of Approval: I. 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 City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to 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 valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5, 6 and 7. . 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. 5. The proposed building shall be built at an elevation of II' as recommended by the City Engineer in his memorandum included in the November 12, 1997 Staff Report for SMA 97-15. Findings: Based on the information provided in the November 12, 1997, Staff Report for SMA 97-15 (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. The applicant, the City of Port Angeles, Police Department applied for a Shoreline Conditional Use Permit on March 12, 1997 and the application was determined complete on October 10, 1997 (See the November 12, 1997 Staff Report for SMA 97-lS). . 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on November 7, 1997, and is attached to the November 12, 1997 Staff Report for SMA 97-15 as Attachment B. . . . Planning Commission Minutes November 12, /997 Page 8 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Open Space in the City's Comprehensive Plan, Industrial, Light in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates utilities are permitted uses in the U-H designation. 7. The City's waterfront trail runs east and west along Marine Drive adjacent to the project. Conclusions: Based on the information provided in the November 12, 1997 Staff Report for SMA 97-15 (including all of its attachments) comments, 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 following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, and Utilities and Public Services Element Policy A-I, the City's Industrial, Light zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, 1-2, M-l and 2, and N-l, Chapter 5, Policies D-l, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, and Utilities and Public Services Element Policy A-I, the City's Industrial, Light zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, J~2, M-l and 2, and N-l, Chapter S, Policies D-1, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will enhance the public health and safety. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Commissioner Reed seconded the motion, which passed 5 - 0 with Commissioner Craver abstaining. Commissioner Craver abstained because although she saw the need for the proposed generator building at the site due to the existing tower, she did not want to vote in favor of an additional selVice building on Ediz Hook. . . . Planning Commission Minutes November 12. J997 Page 9 MUNICIPAL CODK..AMEmJMENT - MCA 91-03 - CITY OF PORT ANGELES - Environment~.ensitive Area (ESA)~ Proposal to amend the City's Environmentally Sensitive Areas (ESA) Ordinance, No. 2656, to further define what areas are classified as ESAs and how applications are processed. (Applicant requests that this item be continued to December 10, 1997.) Chair German stated that the applicant had requested this item be continued to December 10, 1997, and opened the public hearing. Commissioner King moved to continue the public hearing to December 10, 1997, 7 p.m. The motion was seconded by Commissioner Reed and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS REPORTS OF COMMISSION MEMBERS Commissioner Nutter noted that the parking along 8th Street at Francis Street is getting a little out of hand. It appears that there is not adequate parking for the Virginia Mason Clinic and that most of the parking is occurring on the street with persons crossing the street to and from their vehicles. Staff responded that many concerns have been noted regarding parking in the City and it may be time to re-review the City's Parking Ordinance for adequacy with current trends. ADJOURNMENT The meeting adjourned at 8:30p.m. ~~~retary PREPARED BY: S. Roberds PLEASE~GJ~Jl~I PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN.UP SHEET For lbe subject of items listed on lbe meeting Agenda of: /d1r ,I;?, /99 1 (Date) Note: IE I plan on testifying by signature below I certify that my testimony is true and correct under penalty oJ perjury by the laws of the State of Washington. NAME: ADDRESS: Testifying on Agenda Item No. r- BeL~ Lf-~\ S. 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