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HomeMy WebLinkAboutMinutes 01/25/1995 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 January 25, 1995 Special Hearing 7:00 p.m. I. CALL TO ORDER n. ROLL CALL m. APPROVAL OF MINUTES: Meeting of January 18, 1995 IV. PUBLIC HEARINGS: 1. SHORELINE MANAGEMENT PERMIT - SMA 94(12)146 - PORT OF PORT ANGELES. Ediz Hook: Request for a substantial development permit to allow a shoreline rehabilitation project. (From the December 14, 1994, meeting.) 2. AMENDMENT TO ORDINANCE NO. 1709. AS AMENDED. (ZONING) and Title 17 ofthe PORT ANGELES MUNICIPAL CODE: Review of the City's current zonin~ regulations for compliance with the current Comprehensive Plan. V. COMMUNICATIONS FROM mE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMl\1ISSION MEMBERS vm. ADJOURNMENT PLANNING COMMISSION: Orville Campbell, Choir, Cindy Souders, Bob Winters, Bob Philpott, Bob King, Tim German, and Lindo Nutter, STAFF: Brad Collins, Director, Sue Roberds Office Specialist, and David Sawyer, Senior Planner. . . . All correspona.em:e pertaining to a hearing item received by the Planning Depanment at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 Chairman 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 Chairman. . . . MINUTES PLANNING COMMISSION Port Angelest Washington 98362 January 25t 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Bob King, Bob Philpott, Cindy Souders, Linda Nutter, Bob Winters, Tim German Staff Present: Brad Collins, Sue Roberds, Jack Pittis, Bruce Becker Public Present: Roger Wheeler, Tom Baumstark, Ken Sweeney APPRO V AL OF MINUTES Following review of the draft January 18, 1995, Planning Commission Minutes, and discussion on the rewording of Sections 13.61.070 and .090 as previously directed by the Planning Commission with Directors Collins and Pittis, the Commissioners concurred that the wording was as expected. Commissioner Philpott moved to approve the minutes as submitted with the Section 13.61.070 and .090 wording as attached to the minutes. Commissioner German seconded the motiont which carried unanimously. PUBLIC HEARINGS SHORELINE MANAGEMENT PERMIT - SMA 94(12)146 - PORT OF PORT ANGELES. Ediz Hook: Request for a substantial development permit to allow a shoreline rehabilitation project. (From the December 14, 1994, meeting.) Planning Director Brad Collins reviewed the Planning Departments report. Chair Campbell opened the public hearing. Ken Sweeney I Planning and Environmental Manager for the Port of Port Angeles, P.O. Box 1350t provided a brief background of the necessity for the substantial development permit. The project is a shoreline rehabilitation project proposed as off-site mediation rehabilitation and modification of the Black Ball Ferry Terminal located at the foot of Laurel Street. The Black Ball project is being held up by the Department of Fisheries due to the amount of fill required to be placed in association with that project. This project is a compromise in that permit process. The Commissioners posed questions regarding notification of the Lower Elwha S'Klallam Tribe in the environmental review process, as the Port acted as SEP A Responsible Agency in this review and is also the applicant, and about the depth of the proposed excavation of materials at the site. Mr. Sweeney responded that the Tribe had been sent . . . Planning Commission January 25, 1995 Page 2 notification of the pending application along with notice of the determination of non- significance (DNS) issued for this proposal but he received no response from the Tribe. The depth of fill is approximately one foot to eighteen inches and appears to be mainly composed of accumulated wood chips and debris from the previous log sorting activity at the site, There may be fill beyond one to two feet but it is not apparent at this time and will require some investigation. There being no further questions or testimony, the public hearing was closed. Commissioner King moved to approve the substantial development permit without the condition proposed by staff with regard to the need for an archaeologist to be on-site during excavation activity. Commissioner Nutter seconded the motion. In speaking to the motion, Commissioners Philpott, Souders, and Campbell spoke in favor of retaining the condition proposed by staff with revision to the wording such that in the event tests prove conclusively that there could be no archaeological material in the area of the proposed excavation that the condition shall be revoked. It is important that the City abide by its word in deed to support the Tribal concerns regarding the potential for archaeologically significant finds in the area of Ediz Hook. Commissioner King noted that his motion was with the understanding that only non-native fill material would be removed. Commissioner Nutter agreed and so amended the condition of approval to read as follows: Condition: 1. The applicant shall retain a qualified archaeologist to be on-site and monitor the excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the arChaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. This condition shall be removed if the City receives documentation from the Lower Elwha S'Klallam Tribe recoenizin& that an archaeolo&ist is not required to monitor the excavation. citing the following findings and conclusions: Findings: 1. The request is for approval of a substantial development permit to allow restoration to a natural condition a beach area on the harbor side of Ediz Hook, about 600 feet west of the entrance trestle to the A-frame log dump. 2. The restoration involved removal of a 1210 s.f. boat ramp and supporting wood bulkheads and piling, 62 lineal feet of concrete bulkheads and piling, a small concrete pad and miscellaneous debris. The site will be regrading and 39 cubic yards of material will be removed, 3. The Shoreline Master Program identifies the site as Urban, and the following regulations have been found to be the most relevant: General Regulations CA, . . . Planning Commission January 25, 1995 Page 3 6 & 7; Land Use Element D.6; and Use Activities F.lS.a. b & c. 4. Numerous goals and policies of the Comprehensive Plan have been identified which stress the importance of protecting the shoreline environment and water' quality. 5. The site is on the border between Heavy Industrial and Open Space Comprehensive Plan Map. The spit is zoned Heavy Industrial (M-2). 6. The project is proposed as mitigation pursuant to Department of Fisheries and Army Corps of Engineers permits for the proposed improvements to the Black Ball Ferry terminal. 7. The site is near the S'klallam village site at the base of Ediz Hook. Cultural artifacts have been found near the Daishowa Mill and on Ediz Hook. 8. The facilities to be removed have been abandoned and not used for the past 30 years. 9. The Port of Port Angeles, acting as lead agency, issued a Determination of Non- Significance for the project on November 4, 1994. Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically those policies identified in Finding No.3. B. The use is consistent with the Heavy Industrial designations of the Zoning Ordinance and Comprehensive Plan. Consistent with the Conservation Element of the Plan, the proposal will improve the shoreline environment. C. The proposal will not be detrimental to the shoreline. The motion carried unanimously. The Commission took a break from 7:50 p.m. to 8:00 p.m. The meeting then reconvened. AMENDMENT TO ORDINANCE NO. 1709. AS AMENDED. (ZONING) AND TITLE 17 OF mE PORT ANGELES MUNICIPAL CODE: Review of the City's current zoning regulations for compliance with the current Comprehensive Plan. Planning Director Collins updated the Planning Commission on the ZOning Code Amendment process to date, reminding the Commission that this item is continued from Planning Commission January 25, 1995 Page 4 . the November 30, 1994, public hearing. He referred to two memoranda before the Commission, one dealing with suggested wording from the City Attorney with regard to group homes and the Federal Fair Housing Act, and the other discussed the need to consider a new non-urban zone for commercial timber production in order to be consistent with the State's Growth Management Act (GMA). Such a zone would recognize the long term use of many of the designated environmentally sensitive areas within the creek ravines throughout the City and would help implement a number of conservation and open space policies in the Comprehensive Plan and the GMA. A "Forest Zone" will set development regulations for lands not to be converted to urban uses. Director Collins indicated the need to include a forest zone in the current Zoning Ordinance amendment prior to forwarding the package to the City Council. Chair Campbell opened the public hearing. Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, P.O. Box 1350, understood that the Public Buildings and Parks (PBP) Zone has been proposed for change to include maritime activities. He supported the amendment as the . bulk of the Harbor is designated as PBP. There being no further testimony or questions from the public, Chair Campbell closed the public hearing. . The Chair called for a break at 8:20 p.m., reconvening the meeting at 8:30 p.m. Planning Director Collins and Public Works Director Pittis responded to specific concerns addressed in a Public Works Department Memorandum dated January 3, 1995, and provided observations as the Commission reviewed the proposed text changes page by page. It was noted that the current proposed amendments to the Zoning Ordinance by the Growth Management Advisory Committee (GMAC) and staff are intended to ensure compliance with the new Comprehensive Plan not address specific rezone areas or particular issues not related to the Comprehensive Plan. Zoning map concerns should be addressed through comprehensive review later this spring or summer. Other Zoning Code housekeeping issues will be reviewed later in 1995. Commissioner German began discussion on the detail needed for a new forest zone, and whether or not the need to establish the zone is immediate. It was decided that a new "Forest Zone" should be included in the amended ordinance package which will be recommended for adoption to the City Council. Toward that end, it was determined that a special public hearing should be scheduled in an attempt to formalize such a zone. . Commissioner Winters moved to hold a special Planning Commi"sion meeting on February 15,1995, at 7 p.m., City Council Chambers, to discuss a proposed "Forest Zone" . Commissioner Souders seconded the motion, which passed unanimously. Commissioner German stated concern regarding the wording of Section 17.03.020 of the . . . Planning Commission January 25, 1995 Page 5 proposed amendment regarding the requirement for compliance between the Comprehensive Plan and Zoning Maps. Director Collins noted the wording is consistent with GMA requirements and discussed scenarios in the event of non-compliance. Chair Campbell called for a break at 9:25 p.m. The meeting reconvened at 9:30 p.m. As the Commission reviewed the Public Works Department Memorandum along with the page by page review of the proposed amended ordinance, many items were noted as being in need of more comprehensive detailed review and were noted for future discussion and recommendation separate from the current proposal. Having completed review of the proposed ordinance amendments, Commissioner Philpott moved to reopen and continue the public hearing to a special meeting on February 15, 1995, 7 p.m., for review of a new Forest Zone to be included as part of the complete amendment package to the City Council. Commissioner Winters seconded the motion, which passed unanimously. COMMUNICA TIONS FROM THE PUBLIC None. STAFF REPORTS Director Collins reminded the Commissioners of the Boards and Commissions Appreciation Night gathering planned for February 9, 1995, 7 p.m., at the Senior Center. The Commission unanimously R.S.V.P. 'd. REPORTS OF COMMISSIONERS Commissioner Souders noted there would be a meeting on February 14, 1995, 7 p.m., in the County Commissioner's Meeting Room to discuss the Port Angeles Regional Comprehensive Plan proposal. Commissioner Nutter said that she had attended a meeting where Representative Jim Buck was present and discussed Clallam County's desire to opt out of the GMA. ADJOURNMENT The meeting adjourned at 10:30 p.m. ~~ Bra Collins, Secretary SJfl!J {}.iLL Orville Campbell, Chair .~ NAMEf-. PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: ,;h 4/.U.J1 "1 ~ / ~9..s-- . ADDRESS: 5f d.