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HomeMy WebLinkAboutMinutes 12/08/2010PLEDGE OF ALLEGIANCE Chair Matthews opened the meeting at 6:05 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Reiss moved to accept the November 17, 2010, special meeting minutes as presented. The motion was seconded by Commissioner Boyle and passed 5 0, with Commissioner Miller abstaining as he had not been appointed to the Commission at that time. ROLL CALL Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue, Sissi Bruch, David Miller Members Absent: Mike Caudill Staff Present: Scott Johns, Heidi Greenwood, Sue Roberds Public Present: PUBLIC HEARINGS: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 8, 2010 6:00 p.m. Theresa Schmid, Christine Williams, Edna Petersen, Nancy German, Earl Richardson, Tyler Ahlgren, Dale Lane, Mickey Stoddard, Kenny McDaniels, Chuck Hill, Jim and Amanda Lawrence, Brian Wheeler SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 10 -03 DEPARTMENT OF NATURAL RESOURCES: Proposal to remove remaining portions of a previous development and to stabilize the Ediz Hook Road bed, recontour the shoreline and stabilize the beach area. Planning Manager Sue Roberds stated that the applicant requested continuation of this application to allow further discussion with the City's Real Estate Committee on particulars of this application. Chair Matthews opened the public hearing. There being no one present to discuss the matter, the Chair declared that the matter would be continued to the December 8, 2010, regular meeting. CONDITIONAL USE PERMIT CUP 10 -05 FRATERNAL ORDER OF EAGLES —112 East Eighth Street: Request to establish a club /lodge use in the Community Shopping District. Planning Manager Sue Roberds reviewed the Department Report recommending approval of the application with conditions. Planing Caanissmn Minutes December 8, 2010 Page 2 Chair Matthews qualified the Commissioners regarding appearance of fairness matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then reviewed the quasi judicial public hearing procedures for audience members and opened the public hearing. Ken McDaniels, 539 Spring Road, Port Angeles, WA 98362 introduced himself as representative for the Fraternal Order of Eagles (FOE), and was prepared to respond to questions. Commissioner Bruch asked what operating hours are planned. Mr McDaniels responded that operating hours are intended to be 10 AM to 10 PM for general business purposes and the FOE have 7 8 regular employees. Special events will include Wednesday 6 PM to 10 PM meeting; Thursday bingo 6 PM to 8 PM, and Tuesday poker night 6 PM to 10 PM. Activities will not include bands, loud music, or general public activities that have been the norm in the past. The lodge use will largely be for members and their guests during an interim period while FOE members search for a permanent new location. Gatherings are anticipated to contain approximately 30 to 40 members. Mr. McDaniels added that 14 off street parking sites are available on site with 50 additional spaces available after 5 PM on adjacent property to the east owned by Peninsula Community Mental Health. Activities will be scheduled such that parking conflict does not exist in that it is known that Laurel Lanes league bowlers often use the parking lot being leased to FOE. The FOE membership committee has suggested that windshield stickers be used to identify FOE authorized members and if it is determined that those persons are parking in inappropriate areas, they will be notified to remove their vehicles. In response to Commissioner Reiss, Mr. McDaniels noted that the FOE has been notifying people who are used to using the larger club facility of the reduced operation until a new club site has been chosen. They realize the operational restrictions of the site and will work within them. Theresa Schmid, 114 East 9 Street said that 17 children reside in the neighborhood block immediately south of the subject site. The FOE serves alcohol and people will use Ninth Street to exit the site. Cristina Williams, 111 East 9` Street was seriously concerned with the liability of the tenants (FOE) as she was concerned with previous actions of the property owner (Peninsula Community Mental Health) in managing their operations. Earl Richardson, 819 South Laurel noted that vehicles are jammed all along the street at present, in fact, he has had at least one of his vehicles that was parked on the street hit recently There is nowhere to park on the street and the alley is in deplorable condition. He applauded the FOE for trying to find a temporary location but believed there is way too much happening at this location for such a large activity to even temporarily locate. Mr. McDaniels responded that the FOE has searched all over the City and other locations are not available largely due to cost. They mainly need to use the area for office and storage use in this interim period. They would like to continue use of a social area within the building for approximately 25 club members at a time. No parties will be scheduled for other than club members and no outside activities will occur On site parking is available, and members will diligently use the available parking so as to not impact established neighborhood uses, and will schedule activities such that conflicts do not occur with nearby business uses. There being no further testimony, Chair Matthews closed the public hearing. Commission members discussed details of the application and testimony that had been presented. Following discussion of various conditions that would address issues of concern that had been raised and ensure the least impact to neighbors and surrounding businesses, Planning Comnnssmn Minutes December 8, 20 /0 Page 3 Commissioner Powers moved to approve the conditional use permit with the following 5 conditions, citing 17 findings, and 4 conclusions in support of the action: Conditions: 1 Adequate off street parking is critical to Club use. At minimum, the parking agreement submitted as part of the application with Peninsula Community Mental Health will remain active for the duration of the occupancy Club activities will be scheduled to ensure that activities will not result in more parking demand than available off street parking can provide. Club use between the hours of 10 AM and 5 PM M -F will be restricted to those uses that will not impact daily use of on street parking activities and at no time will parking be permitted to spill over onto the nearby residential neighborhoods. Club members shall be made aware of the importance of using available off street parking. 2. Permits necessary for planned improvements, such as plumbing and /or electrical, will be obtained prior to commencement of those activities. 3 Inspection by the City's Fire Department is required prior to occupancy 4 Activities shall be restricted to FOE member use. No third party rentals will be scheduled. 5 The permit is issued for an initial one year time period. Extension of the permit shall be per PAMC 17.96. if desired and shall be dependent on compliance the with conditions of approval. Findings: 1 An application for a conditional use permit was submitted by the Fraternal Order of Eagles organization on November 9, 2010, to establish an interim use site for a lodge /club use in the Community Shopping District. The proposed site location is 112 East 8 111 Street. Application materials indicate the use is intended to be for at least one year until a suitable new location can be found for the Club use at the discretion of Club members. 2. Section 17.22.160(A) PAMC provides that "clubs and lodges" may be permitted in the Community Shopping District by conditional use permit. 3 Per 17 96.050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property Planning Co,nm,sston Minutes December 8, 2010 Page 4 4 Per Section 17.96.070 PAMC, notice of conditional use permit application shall be given per Section 17.96 140 PAMC with a public hearing scheduled before the Planning Commission. The Planning Commission's decision shall be final unless appealed to the City Council within 14 -days of approval. 5 The site was posted for notice of land use action with notice sent to surrounding property owners on November 16, 2010 Publication appeared in the Peninsula Daily News on November 29, 2010 Two written comments were received from neighboring property owners. Mrs. Williams expressed long standing issues with the subject property owner and previous use of the site. No specific issues relative to the proposed occupancy were noted. Mrs. Schmid was concerned that parking for the use may spill over to the residential neighborhood, and potential noise from Club activities. 6. Section 17.01 020(J) PAMC defines the purpose and intent of the CSD Zone as a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CNzone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served 7 The Comprehensive Plan designates the site as Commercial being located in the City's Central Planning Area. Development in the surrounding area is in conformance with Comprehensive Plan designations and includes a wide variety of commercial uses including business offices with single family residential development south of the adjacent 8/9 alley 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Map Goal A, Policies 1 2 were found to be relevant to the proposal (See Attached for full text). The use is more a social use than those uses generally referred to in the text of the Comprehensive Plan. 9 The proposed site contains a 6,800 square foot structure. The site plan indicates that approximately 2,500 square feet of the 6,800 square foot structure will be available for open club use with the remaining 4,300 square feet dedicated to office and storage use. Per Section 14 40 (Parking) PAMC, seating within the open club area requires 1 off street parking space for each 50 square feet for non fixed seating for a total requirement of 50 spaces. Seating for the remaining office /storage area will require 4 additional spaces (storage area is not counted in this ratio) for a total of 64 off street parking spaces for the use as proposed. 10. The site provides 14 off street, improved parking spaces. A parking agreement accompanied the application that provides 50 off street parking spaces on the adjacent property owned by Peninsula Community Mental Health. The additional parking is available after 5 PM M -F and all day Saturday and Sunday The applicant is pursuing additional parking opportunities for evening and peak time use. 11 Application materials and discussion with the applicant's representative Gordon Stoddard indicated that Club functions will be scheduled at times when adequate off street parking is available to avoid conflicts with neighborhood uses. Traditional uses such as bingo Planning Commission Minutes December 8, 2010 Page 5 and events open to the public will be limited to accommodate parking restrictions of the proposed location. Club functions will still include gaming activities, and a bar is available to members and guests, but those functions will be restricted to after 5 PM when parking is available. Club management is aware of the limitations of use given limited parking during office hours until adjacent off street parking is provided. 12. Uses in the area along Eighth Street largely operate 8 AM to 5 PM, M -F and include banks, Peninsula Community Mental Health, professional offices, a retail gun shop, an active bowling alley and a church. Residential uses exist south of the 8/9 Alley Most area businesses are adequately supported by off street parking with the exception of the bowling alley use and retail use across Eighth Street that largely rely on on- street parking. 13 Public notice of the conditional use permit proposal was placed in the Peninsula Daily News on November 19, 2010, with notice mailed to surrounding property owners and the site posted on November 16, 2010. No written comments were received during the written public notice period. 14 A Determination of NonSignificance was issued for the proposal on December 4, 2010, following the public notification review period as required by WAC 197 -11 -355 This satisfies the City's responsibility under the State Environmental Policy Act. 15 Testimony received during the December 8, 2010, public hearing identified that business parking conflicts may occur due to normal business activities relative to the Peninsula Community Mental Health (PCMH) use on the adjacent property that provides the bulk of off street parking for the intended use. Testimony was received from neighbors who have observed that employees work several days a week later than 5 PM which may result in fewer off street parking spaces being available than are offered through the Parking Agreement with PCMH that accompanied the subject application. Operation of the lodge use is dependent on adequate off street parking for the use that will not impact established uses or neighboring properties. 16. Testimony from proponents indicated that use of the building would be voluntarily restricted to FOE members and guests only No outside activities will occur 17 The Planning Commission conducted a public hearing on December 8, 2010, and received testimony from neighbors Mrs. Teresa Schmid, Ms. Cristina Williams, and Mr. Earl Richardson who expressed concerns regarding traffic and parking impacts. Conclusions: A. The proposal is consistent with provisions of the Port Angeles Municipal Code, specifically with the expectations of development identified for the Community Shopping District (Section 17.22 PAMC). B Normal, daily use by Club members will be supported by on site parking. As conditioned, to avoid negative impact to the abutting major arterial and abutting businesses, additional parking will be available when activities increase (between 5 PM and 9 PM daily) through a parking agreement with the adjacent property owner (Peninsula Community Mental Health). Planning Commission Minutes December 8, 2010 Page 6 C. The conditional use permit was processed in accordance with Section 17.96 050 PAMC that provides standards for processing conditional use permit applications within the City of Port Angeles. D As conditioned, the use will not impact public health, safety, or welfare, and will not result in a depreciation of neighboring property The motion was seconded by Commissioner Bruch, and passed 6 0. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT SMA 10 -04 CITY OF PORT ANGELES First Street between Laurel and Valley Streets: Construction of a stormwater transport line to separate stormwater from sanitary sewer. Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with conditions and responded to a series of questions regarding location of the work, the construction intended, and reasons for the project. Chair Matthews qualified the Commissioners regarding appearance of fairness matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then reviewed the quasi judicial public hearing procedures for audience members and opened the public hearing. Tyler Ahlgren, P.O. Box 2829, Port Angeles is a supporter of source separation projects. He asked about the cost of the project and capacity of the holding tank. Planner Johns responded to Mr Ahlgren's questions at the request of the Chair indicating that the application materials note that the large treatment facility will handle 360 gallons per minute; however, without a Public Works staff member present, he was unsure whether that is the maximum or a threshold number Staff's review is not based on cost, so he had no information to relay on cost. There being no further testimony, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Bruch moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions 1 The subject site shall be inventoried, evaluated, and reviewed to the satisfaction of a cultural review team, which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, a representative of the site owner, and the Port Angeles Department of Community and Economic Development. This team, in consultation with the DAHP, shall determine the extent of additional archaeological studies that may include ground disturbance monitoring for the project and/or application for an excavation permit during this permit review process. Any reports generated under this condition shall be submitted to the City 2. In the event archaeological artifacts, features or human remains are discovered on the property, the permittee will immediately notify the City of Port Angeles Archaeologist at (360) 417 -4704, as well as the Lower Elwha Klallam Tribal Archaeologist. The City, in turn will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27 44 and 27.53 Planning Commission Minutes December 8, 2010 Page 7 3 The applicant is responsible for obtaining all necessary permits from local, state and federal agencies. Verification of permit issuance shall be supplied to the city prior to beginning any site alteration or construction. 4 The construction of the project shall be in substantial conformance with the plan set submitted with the application material. Any change to the portion of the plan located within the 200' shoreline jurisdiction is required to be reviewed for compliance with the Shoreline Management Act as established in the Port Angeles Shoreline Master Program prior to construction of that portion of the project. Findings Based on the information provided in the December 8, 2010, Staff Report for SMA 10 -04 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 conditional use permit was submitted by the City of Port Angeles, Public Works and Utilities Department, on October 11, 2010, for construction of a new stormwater collection and conveyance system. The application indicates that the work will occur within public right -of -way with a portion of the project occurring within the 200 -foot shoreline jurisdiction. 2. In accordance with the Shoreline Management Act and the local SMP, a conditional use permit may be granted if all five of the specified criteria can be met, as well as consideration of the cumulative effects of such requests. Assurances that. 1) applicable policies are maintained, 2) public use of the shoreline is not impacted, 3) compatibility with adjacent uses can be made, 4) no adverse effects to the shoreline will result, and 5) that the public interest is maintained. 3 A Determination of Non Significance and adoption of environmental documents was issued by the City of Port Angeles SEPA Responsible Official for the proposal on December 1, 2010 Documents adopted include; a. Elwha River Ecosystem Restoration Project: final Environmental Impact Statement (NPS, 1995) b. Elwha River Ecosystem Restoration Project Implementation. Final Environmental Impact Statement (NPS 1996b) c. Elwha River Ecosystem Restoration Project Final Supplement to the Final Environmental Impact Statement (NPS 2005) d. Port Angeles Stormwater Separation Project NEPA Environmental Assessment (NPS, 2010). 4 The project is being financed by the National Park System and supported by the Lower Elwha Klallam Tribe as compensation for impacts expected to occur on the Lower Elwha Klallam Tribe's reservation land as a result of the National Park System's Elwha Dam removal project. 5 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. Plamnag Commission Minutes December 8, 2010 Page 8 6 The site is designated Commercial in the City's Comprehensive Plan, Central Business District and Commercial, Arterial in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 7 Notice of the project was published in the Peninsula Daily News on October 19, 2010, and mailed to property owners within 300 feet of the project site on October 15, 2010 The site area was posted on October 15, 2010. Comment letters in support of the project were received by the Department of Community and Economic Development from the Lower Elwha Klallam Tribe and Washington State Department of Ecology No objections to the proposal were noted. 8. Chapter 5 of the City's Shoreline Master Program indicates primary utilities are conditional uses in the U -H designation. 9 The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2, and Utilities and Public Services Element Policies A -5, the City's Shoreline Master Program's Urban Harbor designation and Chapter 4, Policies B -1 and 2, D -1, E -2, K -2, and N -2, Chapter 5, Policies D -1 and 5, and Chapter 6, Policy I -1, and all associated regulations. Conclusions Based on the information provided in the December 8, 2010, Staff Report for SMA 10 -04 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's Comprehensive Plan and Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposal meets the criteria for a conditional use permit outlined in WAC 173 -27 -160 D As conditioned, the proposed project will not interfere with public use of lands or waters. E. The project is required as mitigation for impacts to the City of Port Angeles sewer capacity anticipated from the removal of the Elwha dams in order to meet the conditions of an agreed order between the City of Port Angeles and the Department of Ecology Commissioner Reiss seconded the motion, which passed 6 0. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT SMA 10 -05 CITY OF PORT ANGELES Port Angeles waterfront between Oak Street to 1509 Columbia Street (City's Wastewater Treatment Plant): Construct a wastewater conveyance system separating sanitary sewer and stormwater to eliminate release of sewage into Port Angeles Harbor. Planning Manager Sue Roberds noted that completion of the State Environmental Policy Act (SEPA) review for this project have not as yet been procedurally completed and requested that the matter be continued to the January 12 meeting. Planning Comm,ss,an Adulates December 8, 2010 Page 9 Chair Matthews opened the scheduled public hearing. Commissioner Bruch moved to continue the public hearing to January 12, 2011, 6 pm. The motion was seconded by Commissioner Boyle and passed 6 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Staff welcomed new Commissioner David Miller and thanked him for his willingness to commit to public service on the Planning Commission. Planner Johns provided a detailed update of preliminary work thus far on the City's Shoreline Master Program update that is mandated by the State. He described in detail proposed new environmental designations and their location and intent and provided a timeline overview for upcoming and final review Staff discussed the signage component of the Waterfront Transportation Improvement Plan that has been a major discussion item before the City Council. The Council has chosen the design style but has not completely come to consensus on the location of the entryway signage, or its location. Planning Manager Roberds noted the new Appearance of Fairness Doctrine qualifying wording that was worked on by Commission members and approved for use by the City's Attorney Hopefully the wording reduces the complexity of the procedure and is more understandable to the public. REPORTS OF COMMISSION MEMBERS Commission members were happy with working through the matter Commissioner Bruch noted that she will meeting. ADJOURNMENT The meeting adjourned at 8 15 p.m. L %l /o A due Roberds ecretary PREPARED BY S. Roberds the revised wording and thanked staff for not be able to attend the January 12 regular 9 e).1/4 ohn Matthews Q Chair