HomeMy WebLinkAboutMinutes 03/26/2014 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
March 26, 2014
6:00 p.m.
ROLL CALL
Members Present: Thomas Davis (by phone), David Miller, Tim Boyle,
Duane Morris, Scott Headrick
Members Absent/Excused: George Reimlinger, One Vacancy
Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Michael Szatlocky
PLEDGE OF ALLEGIANCE
Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Morris moved to approve the March 12, 2014 regular meeting minutes with
corrections adding that Commissioner Reimlinger was present at the meeting. The motion
was seconded by Commissioner Miller and passed 4-0 with Commissioner Headrick
abstaining because he had not as yet been reappointed at that time.
ELECTIONS
Chair Boyle opened elections for the 2014-2015 and nominated Commissioner Headrick as
Chair for the 2014 term of office. There being no further nominations, nominations were
closed and on call for the question, passed unanimously. Commissioner Miller nominated
Commissioner Morris as Vice Chair. There being no further nominations, nominations
were closed and on call for the question, passed unanimously.
Chair Boyle read the qualifying questions for quasi judicial proceedings to the Commissioners.
All Commissioners responded that they had no Appearance of Fairness issues to report. The
Chair then reviewed the quasi judicial public hearing procedures for audience members. No
concerns were noted.
SHORELINE CONDITIONAL USE PERMIT— SMA 14-01, CITY OF
PORT ANGELES,300 Block Front Street. Proposal to construct a new sewer
pump station, new stormwater and sewer pipe conveyances, and a new stormwater
outfall into Valley Creek. The project is located in the Commercial Arterial (CA)
zone and the Urban Harbor shoreline designation.
Associate Planner Scott Johns presented the Department Report recommending approval of the
Shoreline Substantial Development Conditional Use Permit with conditions. By use of a Power
Planning Commission Minutes
March 26,2014
Page 2
Point presentation, he indicated where the pump station will be located and explained site
amenities. Mr. Johns noted that a letter had been received from an adjacent neighboring property
owner indicating a desire to open the adjacent alley in this location to through traffic once more
as the use for which the alley was closed no longer exists. Opening the alley would allow
adequate access to properties along the south side of the adjacent alley.
Chair Boyle opened the public hearing.
Michael Szatlocky, Public Works Engineering Division, City of Port Angeles represented the
project. The sidewalk will be pervious once improved including rain gardens for stormwater
control. Additional street trees will be included in the final project. The Waterfront Trail will
remain where it currently exists. Design of the Trail and temporary impacts were discussed.
Commissioner Morris asked if signage has been considered to demonstrate how the proposed
rain gardens work and showcase the benefits of same. Mr. Szatlocky agreed that signage would
be a good educational component as interpretive signage. Mr. Morris stressed the value of this
opportunity to showcase appropriate updated stormwater techniques in this redevelopment
situation.
There being no further public testimony, Chair Boyle closed the public hearing.
Commissioner Miller moved to approve the Shoreline Substantial Development
Conditional Use Permit subject to the following conditions, findings, and conclusions:
('011diLions
1. The applicant is responsible for obtaining all necessary permits from local, state and
federal agencies prior to commencement of work.
2. If the subject site has not been previously inventoried, evaluated, and reviewed to the
satisfaction of the Lower Elwha Klallarn Tribe and City of Port Angeles Archaeologist,
the subject site shall be evaluated by a cultural review team, which shall include a
professional archaeologist, a representative of the Lower Elwha Klallarn Tribe, a
representative of the City of 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.
3. In the event archaeological artifacts, features or human remains are discovered, the
permittee will immediately notify the City of Port Angeles Archaeologist at (360)
4174704, as well as the Lower Elwha Klallam Tribal Chair and specified Tribal staff by
both letter and telephone. 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
March 20,2014
Page 3
4. The applicant shall provide conditions during construction whereby the Waterfront Trail
remains safe and available to trail uses during construction.
5. The final landscape plan shall include the replacement of six (6) street trees to be located
on the south side of Marine Drive.
Findings:
Based on the information provided in the March 26, 2014, Staff Report for SMA 14-01
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 February 19, 2014, for the
construction of a new pump station, stormwater outfall, and associated piping located at
west Front Street and Marine Drive with elements in the Valley Creek Estuary Park. The
application indicates that work will occur within public right-of-way and on the harbor
side of the City's waterfront trail. The new pump station will be located on the upland
side of Marine drive. The materials that are excavated for the project will be
appropriately stored and portions meeting specific engineering criteria may then be used
for the required backfill. Revegetation of the disturbed area will also occur, including
stormwater management rain gardens. Best management practices will be incorporated
to address potential erosion and water quality impacts from the construction.
2. Per RCW 173-27-160, the Shoreline Management Act, and the local SMP, a conditional
use may be granted if all five of the specified criteria can be met, as well as consideration
of the cumulative effects of such requests has been made. These include assurances
related to the proposed project 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.
As described in the application materials and as conditioned, and as supported by the
Environmental Checklist, the proposal meets the criteria specified.
3. A Determination of Non-Significance and Adoption of Existing Environmental
Documents (#1338) was issued by the City of Port Angeles SEPA Responsible Official
for the proposal on March 26, 2014.
4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance
and critical areas ordinances have been reviewed with respect to this application.
5. Portions of the site are designated Open Space or Commercial in the City's
Comprehensive Plan Land Use Map, with portions lying in the imprecise margin between
the two land use designations. The site is zoned Industrial Heavy (11-1) on the north side
of Front Street and Marine Drive and Commercial Arterial (CA) on the south side of the
streets. The site is designated Urban-Harbor (U-H) in the City's Shoreline Master
Program.
6. The Comprehensive Plan and Shoreline Master Program were reviewed in their entirety
and the following policies are most relevant to the proposed project: Comprehensive Plan
Conservation Element Policies B-14, and Utilities and Public Services Element Policies
D-1, D-5; the City's Shoreline Master Program's Urban-Harbor designation and Chapter
Planning Commission Minutes
March 20,2014
Page 4
4, Policies B-1 and 2, D-1, E-1 and 2, K-1, Chapter 6, 1-1 and 3, all associated
regulations.
7. The City's Shoreline Master Program indicates primary utilities are allowed uses in the
U-H designation and Chapter 6, Section 1, Regulation 4, specifies non-water dependent
primary utilities, including sewage system lines and pump stations require a shoreline
conditional use permit.
8. The City's Waterfront Trail runs east and west through Valley Creek Estuary Park. Some
portions of the work will impact trail users during construction. As conditioned, a safe
alternative to the permanent trail will be provided during periods of construction.
9. Notice of the project was published in the Peninsula Daily News on February 25, 2014.
Notice of the proposal was mailed to property owners within 300 feet of the project site
on February 21, 2014. The site was posted on February 21, 2014. One public comment
was received by the Department of Community and Economic Development during the
written comment period.
10. The project is located outside of the 100-year floodplain area as indicated on Flood
Insurance Rate Map, panel 4530023 0003 C. In accordance with Section 15.12.240
PANIC, the Shoreline Conditional Use permit acts as the necessary floodplain permit.
11. Existing street trees will be removed during construction of the new pump station. Street
trees are a valuable component of good urban design and provide beneficial services to
the community.
Conclusions:
Based on the information provided in the March 26, 2014 Staff Report for SMA 14-01 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, and Shoreline Master Program.
B. As proposed, the project will not be detrimental to the shoreline.
C. As proposed, the proposed project will enhance the shoreline environment along the
Valley Creek estuary by improved stormwater outfall and additional native plant
landscaping.
D. As conditioned, the proposal meets the criteria for a Shoreline Conditional Use permit
and been reviewed for compliance with criteria listed in RCW 173-27-160.
E. As proposed, the proposed project will not interfere with public use of lands or waters.
F. As conditioned, street trees will be maintained.
The motion was seconded by Commissioner Headrick and passed 5—0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Minutes
March 26,2014
Page 5
Planner Johns reminded Commissioners that staff is still working on a draft mixed commercial
overlay zone and thanked Commissioners for suggesting concepts that may make such an
overlay more flexible and desirable.
Commissioner Morris asked if such a mixed use commercial zone would eliminate residential
uses. Planner Johns said that typical single family structures would not be recommended but
group quarters or apartment uses would be appropriate. Properties in such an overlay could be
owned by an individual or a group of individuals.
Questions regarding additional building height standards were voiced. Mr. Johns indicated that
those standards have not been formulated but staff is working on them and reviewing options
that may be available.
Commissioner Morris emphasized the need to set an example to encourage developments that
contain better, high quality landscaping amenities to allow the public to be able to understand the
benefits of higher quality landscaping and consolidated signage.
Director Nathan West anticipated a public hearing on this matter in late April.
Commissioner Davis wondered if scenic easements had been considered. Director West
responded that the City does not address view easements. Such regulation is very difficult and
time consuming to enforce and defend,
REPORTS OF COMMISSION MEMBERS
Commissioner Morris asked what policies the City has developed with regard to the State's
recently passed Marijuana laws. Planner Johns indicated that due to the 1000 foot buffer from
specific uses defined by the Washington State Liquor Control Board, there are few locations in
the City where retail Marijuana uses can occur. Grow and process uses would need to be in
commercial or industrial zones.
Director West added that the Council has not taken an official position on the matter. Staff
deals with the issue under current Code standards and State law which limits locations to a very
restricted number of sites.
ADJOURNMENT
The meeting adjourned at 7 p.m.
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