City of Chewelah

Meeting of the Planning Commission

Thursday, June 21, 2007

Call to Order

The meeting of the City of Chewelah Planning Commission was called to order at 7:13 PM by Chairperson, Tom Bristol. 

Roll Call

Roll Call was taken.  In attendance were Commissioners:  Tom Bristol, Bill Davies, Kevin Herda, Doug Sassman, Irv Schick and Daniel Voltz.  Alice Crowley’s absence was excused.  Also in attendance were staff members Curt Kelling, City Administrator; Chaz Bates, Planner – Studio Cascade and Tracy Ferrell, Executive Secretary. 

Agenda Additions, Deletions, and/or Changes

There were no agenda changes to be made.

Approval of Previous Meeting Minutes

The minutes from the May 17, 2007 meeting were reviewed.  Doug Sassman made a motion to approve the minutes as presented.  Bill Davies seconded the motion.  The motion passed unanimously.

Public Comments

Mr. Bristol called for Public Comments.  There were none.

PUBLIC HEARING

The Public Hearing portion was opened to discuss a request for a preliminary plot approval to divide approximately 6.7 acres into fourteen (14) lots in two phases, referred to as the Highland Ridge Estate project. 

Mr. Bristol explained protocol.   He inquired if any planning commissioners had an interest in this issue that would be in conflict with the appearance of fairness requirements.  There were none. 

Mr. Bristol asked if there was anyone in the audience that would object to his participation as chairperson or any other commissioner’s participation in these proceedings.  There were none. 

Mr. Bristol inquired if any of the commissioners had engaged in communication with opponents or proponents on the issue to be heard?  He noted that he has had a couple of short discussions with people on one of the issues that may come up in the hearing.  There were no other communications to be reported.

Mr. Bristol called for the Staff Report.   Chaz Bates, contract planner for the City of Chewelah, whose address is 114 W. Civic Avenue, Suite 200 Spokane, WA  99201, presented the report.  He explained that the hearing is on the preliminary plat approval, PPA-01-07, of Highland Ridge Estates.  He also noted that the Staff Report looks  slightly different than usual.  

The project request is to divide approximately 6.7 acres into 14 lots, in two phases.   Mr. Bates was unable to provide a reduced version of the plat.  However, a larger version was provided and posted to the bulletin board for viewing.  Application had been submitted on March 14, 2007.  Notice of Application was issued on May 3, 2007 and a determination of Non-Significance was issued on May 31, 2007.   The appeal period ended June 14, 2007.

Daniel Voltz interrupted the staff report to disclose that he may own property in the project area.   However, it was determined that the property he owns is located in the area of a project that had been scheduled for Public Hearing, but was postponed by the developer. 

Mr. Bates continued by sharing that the Notice of Public Hearing was submitted on May 31, 2007.  The action / decision deadline will be July 25, 2007.  The location of the proposed project is included in a map with the staff report.  Existing conditions include that it is currently undeveloped land.  Mr. Bates noted that last year there was a short plat filed that is currently being developed.  The property is zoned R-1, Single Family residential. 

Mr. Bates shared significant comments that had been received from public agencies as well as private parties.  He explained that the comments were summarized in the Staff report.  One of the letters received from a private party was rather lengthy and dealt with engineering aspects of the project.  Another letter expressed concerns about the density of the houses in the project.   Mr. Bates noted that the lot sizes were actually fairly large.  

Mr. Bates also reported that a letter had been received from the Department of Archeology and Historic Preservation (DAHP).   They have requested that an Archeological survey be done on the property prior to any ground disturbance.   This is the result of information that the St. Francis Regis Mission (first site) and cemetery may be located in the region of the project. 

Mr. Bates moved on to the Findings and Conclusions.   The Findings and Conclusions include that the project is consistent with the Chewelah Comprehensive Plan and any other requirements of the Northeast Tri-county Health District.   The proposed subdivision is designated Single-family Residential.  All housing surrounding the subdivision is also single-family residential. 

Physical characteristics have been considered in the projects design.  The lot lay out was taken into consideration also.  The project meets the minimum lot size requirement.  Set back requirements will be reviewed at the time of building permit approval.  The project can be adequately served by public facilities.   Staff recommended conditional approval of the preliminary plat.  The conditions of approval were presented in the staff report. 

Mr. Bristol asked if the Planning Commission had any questions of the staff.  Irv Schick commented that the conditions appear to be rather lengthy.  However, it appears that things have been very fairly considered as to conditions of approval.  He noted that he has not seen the actual comment letters that were to be forwarded with the staff report.  

Kevin Herda noted that one copy had been provided for the Planning Commission, including the three page letter from Shawn and Tracie Desautel.  Mr. Herda asked if all of the Desautel’s concerns had been addressed, either by phone or correspondence.  Mr. Bates replied that the comments were incorporated into the file, but there was no other communication.  He also noted that the comments were related to infrastructure, such as how dirt would be moved, how roads would be built and storm water issues.  These issues are usually handled after the preliminary plat approval and the conditions reflect that.  The letters were passed around.   Mr. Bristol announced that he would read the two shorter letters.  

Bill Davies requested a brief break to review the plat map that had been posted.   An informal break was allowed. 

Mr. Bristol asked if there were any further questions of staff.  There were none.  Mr. Bristol announced that he would like to have further focus on the Department of Archeology comments, letters and information that is new to the Planning Commission as of today.   He noted that following a couple of phone calls he has made, he has determined that somewhere in the location of the proposed project is the site of the original cemetery that had been connected with the mission.   Some of the graves would pre-date the mission that was started in 1840-something.   He has contacted a person employed at the U.S. Forest Service who had been responsible for previous mapping of the mission.   This person is aware of other mapping that had been done as well. 

Mr. Bristol inquired as to what the different considerations would be in regards to this new situation.   Mr. Bates reiterated that the DAHP has requested that a survey be conducted prior to any disturbance of the ground.  He has been provided an extensive list of resources from the DAHP.   He explained that it would require a specialist to research this further in order to find out the history of the cemetery.  This would include finding existing maps, talking with other people and reading reports that would show all resources and the bibliography of the area to identify the history of the property.   Without the report being conducted, Mr. Bates was unable to predict what information might be in it or whether or not this is the location of the actual mission.  At this point, nothing has been confirmed; however there is enough information to require an archeological survey. 

Mr. Bristol presented a brief history of the area.   He noted that the monument erected at the site provides some very interesting information.   He also shared that the St. Francis Regis was a Jesuit Mission started in 1845, by 70 mixed-blood families in the original church.   This merging of cultures was the beginning well-spring of the Chewelah Community.   From other information he has gathered, the cemetery did pre-date the placement of the mission.  

Mr. Herda asked what would be done with the information provided in the survey. 

Curt Kelling responded to the question.  He explained that, like any other state agency, DAHP basically trumps all jurisdictions.   Whatever decision is made at the meeting, as far as the determination for the project, Staff has made the historical survey the number one condition so that it will stand out clearly.  The property in question will not be allowed to be developed until the DAHP sends back a corresponding Letter of Satisfaction with the survey.   That could mean that they will allow the entire property to be developed, or it may mean that three-quarters of it may be developed, or it may mean that the property is off limits.  It could also mean that the mission grounds were located in a different location that will affect another development of some kind.  There is a strong likelihood that any response from the DAHP will affect something – unless they locate adequate information that states that all bodies had been removed and placed in other cemeteries.  

There is a great deal of inconsistency at this point.   However, Staff has been notified by DAHP and they have placed it in their Staff Report.  It now becomes a public knowledge through this Public Hearing.  Essentially this means that no dirt can be moved until something is received from the state.  The Staff intends on sharing all information with the Planning Commission and all other interested parties.   There is a great deal of interest in the history involved with this project. 

Preliminary approval, as proposed, means that the developer must meet the conditions prescribed.  Condition number one is that the developer must meet the requirements of the state’s request or that the developer provides enough information that the state notifies the Staff that, at least for this piece of property, the state authorizes them to move forward.  Curt suspects that as information becomes more available, they will be able to move forward to locate the actual location of the mission.  

Mr. Bates added that it is possible that the final plat may be changed.  

Mr. Bristol then read two of the three letters received. They were as follows:

From Don Sturgis - “Please accept this letter as written comment in support of the request for preliminary plat approval by the Crisp Family Trust for the above mentioned project.   I believe that reasonable development within the City of Chewelah is necessary for continued economic growth and the well being of our communities in NE Washington.  I trust that City official will regulate and monitor subdivision activities according to state and local law.”

From Arlis Dodge:  “In regards to the proposal / project of project #24250 at the Ridge Street, North and Franklin Avenue has me concerned.  The 6.7 acres is much too small for 14 houses / lots.   The understanding was that NO mobil homes, Trailers, Or Manufacture homes were to be put on these 6.7 acres.  I for one oppose so many houses to be built on the 6.7 acres.  Understand I am not saying no homes it to be built, just not so many for such a small area.  This is too nice of any area to have cracker box houses.”

Mr. Bristol noted that the other letter, that is open for anyone to read, was received from Shawn and Tracie Desautel from 1005 North Ave, Chewelah.   He noted that these letters were not included in the Planning Commission packets or made available to the public.  

Mr. Davies had a question in regards to the cemetery.   He inquired if there was a possibility of Indian Graves in the area.  The reply was “Yes”.   There was reference to a different project that as been effected by the location of Indian Graves on its Project Site.  

Mr. Kelling explained that, as inconvenient as the situation currently is, it has occurred at the right point in the process.  

In regards to the letter from Mr. Dodge, Mr. Davies shared that he had read recently that there were new laws for Mobile Homes.  According to the most current state law, it is illegal to discriminate against Mobile Homes.  Mr. Kelling agreed with Mr. Davies’ statement.   He added that there are also regulations in regards to Modular Homes.  However, placement of mobile homes does not appear to ever have been a consideration in regards to this development.   Mr. Kelling also added that in regards to the density of the houses, some of the lots are huge – close to one-half acre.   There appears to be ample room for the number of proposed homes.

Mr. Bristol inquired about infrastructure to the area.   Mr. Kelling replied that there is ample service to the project.  He is working on making some adjustments to the current overall processes.   The only thing that is to be considered in the preliminary land use decision is if the city has the capacity to serve the project.   After that, the engineering portion kicks in, and if standards are unable to be met by the applicant, the subdivision will not be finalized.  The first meeting of the City’s service providers was held and it appears that the service requirements will be met.  Due to some issues with the grade of the roadway, the project will be done in phases. 

There were no further communications from commissioners to staff. 

There were no other petitions or communications to be presented. 

The applicant was asked to speak.  Steve Crisp, 148 Richmond Lane, Chewelah, WA began by speaking on the issue of the burial ground.  He noted that the issue was presented at the Eleventh Hour – literally in the last two days.  He has done considerable work with historians in the region, including the Museum Manager. He still needs to be able to bring them physically to the site, but some of the testimony that he has received is that the actual gravesites are off of Lincoln Avenue (further down from his property).   He presented a hand-out of a story that was written by Walt Goodman.  Mr. Goodman was the original person to work on getting the property registered with the state as Indian Property.   Mr. Goodman was a local historian.  Mr. Crisp bought the property from Mr. Goodman.  At that time nothing was disclosed about the possibility of a cemetery on the property.   He asked the commissioners to note that at the bottom of the letter he presented there was mention of a body being located when Lincoln Avenue was put through the area.   Mr. Crisp believes that this indicates that any bodies would have been located closer to Lincoln Avenue.  Mr. Crisp presented pictures that he had recently taken and compared them to a picture that was included in the Staff Report of the proposed Mission Site taken in 1980. He concluded that the pictures helped to prove that the trees located on his property do not match those in the picture provided by DAHP.  Two of the witnesses that Mr. Crisp has spoken with concur that the location closer to Lincoln Avenue is the correct location.  The witnesses also shared that Mr. Goodman had stated that there were no more bodies buried in the area; that they had all been moved.  Mr. Crisp believes that Mr. Goodman may have mistakenly described the location of the mission in his attempt to establish a historical monument.  In the photos that Mr. Crisp presented, he compared one picture that shows railroad tracks running in the same spot as what appears to be railroad tracks in the picture from 1980.  He believes this also helps to prove that the mission was closer to Lincoln Avenue. 

Mr. Crisp talked to a representative from the DAHP at approximately 4:30 P.M. today. The representative told him that local jurisdictions “trump” the states decision, due to SEPA.  The representative stated that the local jurisdiction had the authority to make the decisions.   Mr. Crisp assured the City of Chewelah that he has no interest in exhuming bodies from his hill.  He will do everything to mitigate this problem reasonably.  He asked the Commission’s authorization to move forward with the development.  He pointed out that it meets the requirements.  He noted that he has been working with the city in regards to the water issue in the area.  He stated that he feels he has been doing the right things in regards to the development and would like to be able to move forward.  If the project needs to be brought back for review, due to required changes, he is willing to do that. 

Daniel Voltz asked Mr. Crisp that, if required, would he be willing to provide the archeological survey.   Mr. Crisp said that at this point he would rather work through this issue with DAHP from a historical approach - by locating historical documents, etc.   He shared a story of a project that was recently done in Spokane, where the engineer ended up spending $100,000 on an archeological survey.  He is not certain that they even located anything.   He is hoping to receive a letter from the DAHP representative stating that it is okay to move forward.  However, this would not mean that there won’t be anything found on the hill property.  He noted that at that time there were Indians everywhere and may be buried anywhere.   This is a whole new process to him as well as Staff.  Mr. Crisp will comply with the state requirements but will not commit to doing the survey at this time. 

The floor was open for Public Comment.  There was none. 

There was time allowed for applicant / staff rebuttal.  Kevin Herda asked if the Planning Commission were to state that it is necessary to provide an archeological survey and the State works with Mr. Crisp and finds that the survey is not necessary, does Mr. Crisp still need to provide the survey, since it had been required by the Planning Commission. Mr. Bates answered that any decision could be modified.  Mr. Herda was concerned about requiring the survey and then finding that it wouldn’t be necessary.  Mr. Bates recommended that it be stated that Mr. Crisp provide the archeological survey OR a statement for the State Department of Archeology and Historic Preservation stating that the survey is not necessary.  

Mr. Bristol asked if there were any further comments from the audience.  There were none.  The Public Testimony Portion of the hearing was closed.  

Mr. Bristol explained that since documents have been reviewed, the subject is now open for discussion of Findings of Fact and Conclusions by the Planning Commission.   If there is agreement with the Staff Report, the Findings and Conclusions may be adopted, or adopted with modifications.   Or other Findings and Conclusions may be stated.  

Mr. Bristol asked for further discussion.  He then shared that if the City of Chewelah is dealing with a possible Indian or mixed race Cemetery and knowingly endorses the proposal prior to finding out as much information as possible, that it may come back and hurt the city.  Mr. Bristol stated that he feels that since this subject is so new it should be postponed until more data can be gathered and presented.  He stated that he personally does not want to vote yea or nay on the subject due to the lack of information. 

Mr. Bates remarked that it is not up to the Planning Commission to determine whether there is historical significance or note.

Mr. Bristol’s responded that he is also concerned with the changes that may occur to the original plat if there is any cemetery located in or around the project.   The map that has been presented may or may not be correct at this point.   He stated that he is not opposed to the project, but concerned about the situation. 

Mr. Kelling agreed with the statements made by Mr. Bristol.   He further explained that the Planning Commission would be making a recommendation to the City Council with consideration of the conditions.  At this point, a recommendation made today would be presented to the City Council on July 5, 2007.  Then the City Council would schedule their decision meeting to be held on August 1, 2007.  Even though this is a closed record hearing, the public comments will be forwarded to the City Council.  However, further “information” can be provided to the City Council at the August meeting.  By that time, there should be much more information to provide.   If the council is not satisfied, they will have the option to kick it all the way back to the Planning Commission.  

Mr. Kelling added that much of the land in that area has already been platted, which causes a bigger issue for the City of Chewelah.   They have been logging and clearing some of the property that is proposed to be the Mission Site.   This issue will not be going away.  Mr. Crisp’s proposal may be the catalyst for a much bigger issue.   There may be a need for more legal discussion at a higher City level.   This may also force everyone to work together more cooperatively in order to figure out how to put all of the information together.   Mr. Kelling is unable to look at just this property.  He will need to look at the bigger scope of things.   There is no requirement for Mr. Crisp to look beyond his property lines.   Mr. Kelling will continue to share any information with the Planning Commission as it is gathered.  He noted that he is currently visiting with other developers on projects in the immediate region.  Some of these properties are already platted, so the developer could begin digging at any time.  

Mr. Davies had a question in regards to the 120 day decision deadline and the effect putting off the decision would have on this date.  Mr. Kelling explained that technically the clock stops when the State requires more information.   However, the matter of practicality and consideration of building season poses a different question.  Regardless of what is decided at tonight’s meeting, there will still need to be work done on the bigger picture.  

Mr. Herda asked what the role of the Planning Commission is on a preliminary plat.  Is it to look to see if city services can be provided and if it’s a use permit?   Mr. Kelling stated that yes - that is the Planning Commission’s role on a preliminary plat project. Mr. Herda asked what would happen if the plat map changes due to the outcome of the information that would be gathered.   Mr. Kelling explained that he did get the notification very late and it has presented an odd situation for the City.  However, the role of the Planning Commission is to assure that the staff is diligent in their duty of doing the review and that the staff has looked to assure that the project meets the codes and requirement in zoning and for minimum lot size, and that street standards have been reviewed.   If the staff has done a good job, then the Planning Commission’s responsibility should be to determine if this project meets the goals of the Comprehensive Plan as far as what is looked at for residential requirements and will it be a conflict in land use to adjoining property owners.  The toughest decisions for a Planning Commission member will be presented when a group of people are using their land a certain way, and a new group moves in and proposes to use land in a non-compatible way on adjacent property.   This includes a difference in building standards that may leave the city with a blight.  Chewelah is currently dealing with water pipes that had been placed in the past, but continue to come apart and cause water leaks.   This is an example of what the city needs to do in regards to getting conditions in place, getting the engineering done and performing good review as the projects are being built to make sure that engineering standards are met.

Mr. Bates added that if the proposed project is approved at the Planning Commission level and forwarded on to the City Council, and is approved by the council then  any substantial changes made after that approval will need to come back to the Planning Commission for review.  Mr. Kelling explained that “substantial” would apply to any changes that are obvious.  

Mr. Bristol asked if there were any further questions or comments.  There were none from Planning Commissioners; however Mr. Bristol commented that he is extremely concerned that now that this issue has become public, there may be some consideration coming back to the city from the Native American Community.  For him to approve this project, knowing that there is potential of an aggravated situation is beyond his capability.  In advance, he announced that he would be voting no on the proposal.  He does not feel comfortable endorsing something with the lack of information provided. 

Irv Schick reminded the Planning Commission that what they are reviewing is the first step in the projects process.  It is not the end of the process; it is not the final approval.  This is the preliminary approval that will allow enough information so that the developer can proceed with investing funds in order to work towards the final approval.  That is what this system is designed to do – to make sure that the project fits the basic criteria of law.  And if it doesn’t fit those criteria, than the conditions that need to be met can be added before final approval can be made. Those criteria can include conditions that allow for the possibility of a Native American cemetery located on the site. 

Mr. Herda asked staff if the first step is the preliminary plat or is it contacting the agencies and city staff and moving from there.  

Mr. Bates noted that the comment period didn’t actually end until Thursday (tonight) at 5:00 P.M.  The information from DAHP was received last Wednesday, June 13.  The first step is contacting all of the department heads and agencies and asking for comments.   Any comments that can not be addressed in the application process then become conditions.   Conditional Approval of a plat would let the developer know that there are additional requirements that must be met before final approval.  This would be submitted during the Final Plat Approval Process.

Mr. Bristol agreed with Mr. Schick, but added that he has knowledge of public perception and that there is a lack of knowledge of rules and regulations.   What might happen is that if the Planning Commission has the knowledge of a possibility of a Native American Burial Grounds and still endorses the project by approving the preliminary plot approval, that would be all that the public would see.  

Mr. Schick commented that the only thing that the Planning Commission was doing was granting the authority to the developer to proceed towards the light at the end of the tunnel.  This is strictly a preliminary step.  If there are any questions, the public is able to listen to the tapes of the meeting to assure that the process was done appropriately.  The developer should be allowed to solve the problems, if they are able.  If not, they will have to come back to the Planning Commission. 

It was determined that there should be a survey approved by DAHP.  Also any issues that might occur with the BIA (Bureau of Indian Affairs) and concerns they may have over the Indian Burials should be taken into consideration. 

Mr. Bates added that it is against the law to disturb any burial grounds at all. 

Tom Bristol asked for further discussion or a motion for disposition. 

Mr. Voltz announced that he shares Mr. Bristol’s concerns. However he has opted to take a leap of faith in City Staff and elected officials.  Daniel Voltz made a motion that the request for preliminary plat be approved to divide 6.7 acres into 14 lots in two phases for Mr. Crisp.   In regards to the subject of the staff recommendation in the Staff Report dated June 21, 2007, approving 1 – 16 with the modification of number 1 to read:  Prior to any ground disturbance activity approval must be granted by DAHP (Department of Archeology and Historic Preservation).  If approval is not granted, then a professional archeological survey of the project site shall be completed.  The purpose of the survey will be to produce a report consistent with DAHP standards.  The report shall be reviewed and accepted by the City of Chewelah and DAHP prior to ground disturbance activities.  Doug Sassman seconded this and called for the motion. 

 Kevin Herda asked Staff when the staff report had been available to the Planning Commission.  Mr. Bates reported that he thought he sent it over May 31, 2007.   Mr. Herda was frustrated because the original packet that the Planning Commission received did not include the information provided at tonight’s meeting.   He would have liked to have more time to review the information.  Tracy Ferrell responded that she had been notified of the letter from DAHP on Friday, June 22, 2007 by Mr. Bates.  At that time, the City of Chewelah had not received the original letter.  Mr. Bates faxed the letter to Mrs. Ferrell.  Mr. Kelling was out of town, so did not receive the information until first thing on Monday morning.   Because there were some questions in regard to whether the public hearing on this project would be held or not, the information was not sent out to the Planning Commission.  Mr. Schick also expressed that he wanted to have the information 5 – 6 days in advance of the meeting.   He did not appreciate getting all of the information sprung on him at the meeting.   He asked to have the information in his packet a week prior to the meeting. 

Mr. Bristol reminded the Planning Commission that there was a motion and second on the floor with a call for a vote.  He asked for roll call vote.  It was as follows:

Tom Bristol                 No                                Doug Sassman           Yes

Bill Davis                     Yes                              Irv Schick                    Yes

Kevin Herda                No                                Daniel Voltz                 Yes

4 Yes / 2 No

Mr. Bristol announced that this will now move on to the City Council at their next meeting. 

Communications and Announcements
Mr. Bristol asked if there any other communications or announcements.  There were none.

Reports from Members

There were no reports from Members.   Kevin Herda did ask that all communications be included in information packets, not just summaries.   Mr. Bates stated that it was his intention to have them included. 

Reports from City Administrator and Staff

Mr. Kelling gave the City Administrator’s report on two things:

• The Shoreline Master Program was presented to the City Council at the June Meeting.   They will be reviewing it.
• The second set of bids for Segment C of the Flowery Trail Project.   In the re-bid, the cost of the project went up by slightly less than $5,000.00.   The same contractor that won the bid the first time also won the second time.  The contractors have included the city on their summer schedule.   The bid was awarded at a City Council meeting on June 19, 2007.   There will be a pre-construction meeting scheduled in the next two weeks.  Curt is working on coordination with the electrical department on poles that will need to be re-located. 

Tom Bristol thanked Mr. Bates for providing the Memorandum of Understanding as requested at the May meeting. 

Old Business

There was no further Old Business.

New Business

There was no further New Business.

Public Comments

There were no further Public Comments.

Adjournment

There being no further business Doug Sassman made a motion to adjourn the meeting.   Bill Davies seconded the motion. The motion was passed unanimously.  The meeting was adjourned by Chairperson Bristol at 8:26 P.M.

Respectfully Submitted,

________________________________       ___________________________________

Tracy Ferrell, Executive Secretary                             Tom Bristol, Chairperson