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HomeMy WebLinkAboutMinutes 09/12/2012 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 12,2012 6:00 p.m. ROLL CALL Members Present: Doc Reiss, David Miller, John Matthews, Tim Boyle, Duane Morris, Scott Headrick Members Excused: One vacancy Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood, Roberta Korcz, Kathryn Neal Public Present: Randy Volker, Mr. and Mrs. Woods PLEDGE OF ALLEGIANCE Chair Miller opened the regular meeting at 6-.00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Following correction to the maker of the motion in the matter of CUP 12-03, Commissioner Matthews moved to approve the August 8, 2012, regular meeting minutes as presented. The motion was seconded by Commissioner Reiss and passed 5 — 0 with Commissioner Miller abstaining due to absence at that meeting. Chair Miller read the qualifying questions for quasi judicial proceedings to the Commissioners regarding Appearance of Fairness matters. All Commissioners responded that they had no Appearance of Fairness issues to report for either item on the agenda. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No concerns were noted. STREET VACATION PETITION—STV 12-02 - WOODS —Petition to vacate a portion of the Motor Street/Lauridsen Boulevard Alley east of Oak Street. Planning Manager Sue Roberds reviewed the staff's report recommending approval of the requested street vacation action. She noted that the subject right of way has never been open to the public and does not contain utilities or other improvements that would require easements. There has been no written comment regarding this action that was posted for potential land use action. Chair Miller opened the public hearing. Petitioners Mr. and Mrs. Woods were present in the audience but had no comment. There being no public testimony, Chair Miller closed the public hearing. Following brief discussion, Commissioner Reiss moved to recommend approval of the street vacation action subject to one condition, supported by the following findings and conclusions: Planning Commission Minutes September 12,2012 Page 2 Condition: I 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 a quit claim deed for the right-of-way. Findings: 1. A petition requesting vacation of right-of-way platted to serve as an alley in Block 7, Fogarty and Dolan's Addition was submitted to the City on July 17, 2012. The area was platted in 1890, and was annexed into the City in 1961. The right-of-way is 20' in width and 100' in length for a total area of 2000 sq.ft. The right-of-way abuts Lots 6— 9 and Lots 10— 13, Block 7, Fogarty and Dolan's Addition. 2. RCW 35.79 requires that a petition for vacation of right-of-way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by 100% of the abutting property owners. 3. The City's Public Works and Utilities and Fire Development Department staff reviewed the petition. No objections or concerns were raised as a result of the review. 4. 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. 5. The City's standing policy has been to assist abutting property owners to vacate unopened rights-of-way that may have been vacated by statute without requiring compensation. 6. The vacating of a street is categorically exempt from a State Environrnental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 7. The site was posted regarding the proposed land use action on August 29, 2012, with legal publication appearing in the Peninsula Daily News on August 30, 2012. No written comments have been received. 8. Consolidation of the right-of-way with the abutting property into one building site following vacation can be accomplished by filing a Zoning Lot Covenant. 9. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on August 21, 2012. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on September 12, 2012. Conclusions: A. Vacation of the subject portion of alley will not alter access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily service needs to existing properties or prevent the public's use of the alley to public facilities. B. No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clallam County Road Statute. The action will Planning Commission Minutes September 12,2012 Page 3 provide the property owners with title to the right-of-way that was intended by the 1906 statute. C. The vacation will place unneeded property on the City's tax roles and complete an action that was intended under the Clallam County 1906 Road Statute. D. As conditioned, site consolidation will appropriately combine the vacated right-of- way with the abutting property into one building site. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. The motion was seconded by Commissioner Matthews and passed 6—0. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT— SMA 12-02 — CITY OF PORT ANGELES—3501 West 18"' Street: Repair stormwater system and create new outfall within the shoreline area at the Port Angeles Landfill site. Associate Planner Scott Johns reviewed the Department's Report recommending approval of the shoreline substantial development permit with one condition. Mr. Johns stated that an emergency exemption was issued in June, 2012, to allow the emergency repair work that was expected to be done earlier this summer. An emergency exemption allows the work to begin prior to issuance of a permit, but does not preclude the permit process or the need for a permit. Thus, the City is following through at this point with that permit process. Chair Miller opened the public hearing. In response to Commissioner Headrick, City of Port Angeles Public Works and Utilities Engineer Kathryn Neal responded that an engineering analysis and repair recommendation was provided by engineering consultants Herrera Engineers. She indicated that runoff is correctly calculated at I gpm for normal conditions. The repair is being engineered for storm events that are not normal, given the sensitivity of the area and the direct exposure to bluff winds. Ms. Neal provided an overhead display of the work site that depicted the area of damage. She explained the function of the geomembrane material used for the site and stated that the work is intended to prevent as much erosion to the bluff as is possible. Normal bluff erosion is approximately I foot per year. The current project is a short term fix. A much larger project will be needed to deal with the buried debris further inland of the location. There being no further questions, Chair Miller closed the public hearing. Following discussion as to various engineering methods and the economics of the proposal, Commissioner Reiss moved to approve the shoreline substantial development permit with 1 condition, citing the following findings and conclusions in support of that action: Condition 1. 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 Community& Economic Development Department prior to beginning any site alteration or construction. A Flood Permit will be issued following construction of the project. Planning Commission Minutes September 1Z 2012 Page 4 Findings Based on the information provided in the September 12, 2012 Staff Report for SMA 12-02 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: I An application for a shoreline permit was submitted by the City of Poll Angeles Public Works and Utilities Department, on June 26, 2012 for the reconstruction and repair of the drainage system located at the 304 compliant landfill cell at the former landfill site. 2. A Determination of Non-Significance and Adoption of Previous Document (DNS 1311) was issued by the Department of Community and Economic Development for the proposal on August 20, 2012. 3. The Port Angeles Shoreline Master Program, Critical Areas Ordinances (Title 15 PAMC), and Zoning Ordinance (Title 17 PANIC), were reviewed with respect to this application. 4. The entire text of the City's Comprehensive Plan and Land Use Map was reviewed with respect to this application. The pertinent goals, policies, and objectives found to be most relevant to the activity are listed in Attachment "B" to the September 12, 2012, staff report. 5. The upland portion of the landfill site is designated as Industrial in the City's Comprehensive Plan, while the area off-shore to the north is designated as Open Space. Much of the work will occur within the imprecise margin between the two designations. The entire upland area is zoned Public Buildings and Parks in the City's Zoning Ordinance. The site is designated as Urban Shoreline Protection in the City's Shoreline Master Program. 6. The proposed work will all occur at the top of the marine bluff outside of the 100-year floodplain as determined by the Federal Emergency Management Agency (FEMA) 7. The project is considered an Accessory Utility in the City's Shoreline Master Program, as stated in Chapter 4—General Policies and Regulations, Section N., Utilities (Accessory), Applicability statement. 8. The project has been reviewed by the city's archaeologist and found to be outside of the area of concern for archaeological discovery. 9. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Utilities and Public Services Element Goal C, Objective No. 2, Conservation Element, Goal B, Policies 1, 2, 11, & 12 and Goal D, Policy 1; the City's Shoreline Master Program's Urban Shoreline Protection designation and Management Policy 1, Chapter 4, Policies 0-1, Regulations I & 2, and Policy N-2. 10. Notice of the project was published in the Peninsula Daily News on July 8, 2012. Notice of the proposal was mailed to property owners within 300 feet of the project site on July 5, 2012. The site was posted on July 5, 2012. Written comments were received from the Dry Creek Coalition on August 7, 2012. Planning commission Minutes September 1Z 2012 Page 5 Conclusions Based on the information provided in the August 8, 2012 Staff Report for SMA 12-02 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 and Shoreline Master Program. B. The project will not be detrimental to the shoreline but is necessary to protect the shoreline area from imminent current and future erosion. C. As conditioned, the necessary repair activity will not interfere with public use of lands or waters. Commissioner Boyle seconded the motion that passed 6—0. Commissioner Reiss hoped that Council would review the economics of the engineering methods proposed for the work. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Facade grant applications Commissioner Headrick noted that his employer reviewed the structural design for the Harbinger Winery application. He did not believe that review would influence his review of the grant application. Following general discussion regarding the number of applications and that Commissioners are pleased that the City is able to offer financial assistance to business owners who are trying to improve the appearance of their business facades to the benefit of the entire community, Commissioner Morris moved to recommend that the City Council approve the applications as presented by staff. The motion was seconded by Commissioner Matthews seconded the motion that passed 6—0. Staff noted some past successful application projects as being Country Aire, Swains, Pacific Refrigeration, the S & K Building (Matt Bailey), and Serenity House. Staff is working with three additional property owners to provide more complete applications for the Commission's review for the September 26 meeting. Commissioner Morris was encouraged that the City is able to provide such opportunities that is a great use of available funding dollars. Planning Commission Minutes September 12,2012 Page 6 REPORTS OF COMMISSION MEMBERS Commissioner Boyle asked that PA Forward Committee Meeting Minutes be provided to Commission members when available. ADJOURNMENT The meeting adjourned at 7 p.m. mm Sue Roberd- /qe-cretary David filler, Chair'- 7 - PREPARED BY: S. Roberds