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HomeMy WebLinkAboutMinutes 02/09/2000 . . . ~ORTANGELES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street February 9, 2000 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of January 26, 2000. IV. PUBLIC HEARINGS: . 1. SHORELINE SUBSTANTIAL DEVELOPMENT VARIANCE APPLICATION - SMA 00-03 - 1034 Marine Drive #46: Proposal to allow an increase in height from 20' to 29' to allow the reconstruction of a damaged boathouse in the Port Angeles Boathaven. (Continued from January 26,2000.) 2. CONDITIONAL USE PERMIT - CUP 00-02 - VOICE STREAM COMMUNICATIONS - Shane Park. 1300 Block West 81h Street: Request to allow an unmanned telecommunications facility in the Public Buildings and Parks, (PBP) zone. The use would include replacement of a wooden 75' utility pole with a concrete pole where a 3 sector panel antenna array for the telecommunication use would be mounted flush at the top. The total height of the pole would be increased from 75' to 95'. V. OTHER BUSINESS VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS PLANNING COMMISSION: Fred Hewins (Chair), Dean Reed (Vice),Bob King, Linda Nutter,Fred Norton, Chuck Schramm, Bob Philpott PLANNING STAFF: Brad Collins, Planning Director, David Sawyer,Senior Planner, Sue Roberds,Planning Specialist . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 9, 2000 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins, Dean Reed, Bob King, Chuck Schramm Members Absent: None Staff Present: Brad Collins, Sue Roberds Public Present: APPROVAL OF MINUTES Chair Hewins noted tbat approval oftbe January 26, 2000, minutes would be continued to the February 23, 2000, meeting. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT AND VARIANCE PERMIT - SMA 00-03 - YING. 1005 Marine Drive #46: A proposal to allow an increase in height from 20' to 29' to allow the reconstruction of a damaged boathouse in the Port Angeles Boathaven. (This item is continued from January 26,2000.) Planning Director Collins reviewed the Planning Department's report recommending approval of the shoreline substantial development and variance application. He responded to Commissioner Nutter that the City has received documentation that the Port of Port Angeles is aware of, and in support of, the variance application. Chair Hewins opened the public hearing. Steve Eikum, 1835 East Fifth Street, represented the applicant and was present for questions. In response to questions from commissioners, he responded that the new boathouse is intended to be the same bulk and dimension as that of the damaged structure and there will be no livable space within the boathouse. There being no further questions, Chair Hewins closed the public hearing. Commissioner Nutter moved"to. approve the Shoreline Substantial Development and Variance Permit with four conditions, and citing the following findings and conclusions: . . . Planning Commission Minutes - Febnlary 9. 2000 Pagel Conditions of Approval: 1. Approval is for the proj ect, including a variance in the height limitation to 29 feet, as submitted by the applicant and identified as Attachment B to the January 26, 2000, Planning Department Staff Report for SMA 00-03 and as hereby conditioned. 2 The design, materials, color, length, and height (except as approved by variance) shall be similar and/or compatible to other structures in the Boat Haven marina, and nonreflective neutral materials and colors shall be used for exterior surfaces of the structure. 3. The project shall comply with all regulations of the City's Shoreline Master Program, specifically those of Chapters 4, 5, 6 and 7. 4. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Ordinance. Findings: Based on the information provided in the January 26, 2000 Staff Report for SMA-00-03 (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. The applicant Richard Ying applied for a Shoreline Substantial Development and Variance Permit on December 23, 1999. The application was determined to be complete on December 23, 1999. The application is identified as Attachment B to the January 26,2000, Plaiming Department Staff Report for SMA 00-03. 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on January 25,2000. 3. In accordance with legal requirements of the City of Port Angeles and the State of Washington, the notice of application and subsequent hearing process was advertised in the Peninsula Daily News' legal section on December 24, 1999. 4. The applicant is proposing to reconstruct a previous nonconforming boathouse that was damaged beyond repair during a snow storm in January, 1997, and a shoreline variance permit is needed because ofthe proposed twenty-nine (29) foot height ofthe new boathouse exceeds the twenty (20) foot height restriction in Chapter 6 Boating Facilities Covered Moorage Regulation 3 of the Port Angeles Shoreline Master Program. The boathouse and marina are water-dependent uses. 5. The purpose of the restriction is to limit the height of over-water boathouses, which obstruct views of the water and shoreline areas and which shade marine habitat. . . . PltmlJillg Commission Millufes - Febmary 9. 2000 Page 3 Habitat areas of juvenile Puget Sound chinook salmon are of particular concern due to their listing as a threatened species under the Endangered Species Act. 6. The five shoreline variance review criteria which must be satisfied are listed in WAC 173-27-170, and the purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the applicable shoreline master program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. 7. The Port Angeles Harbor provides near shore marine habitat for juvenile Puget Sound chinook salmon, which are listed as a threatened species under the Endangered Species Act. 8. The subject site has unique characteristics including a very high marine bluff above which are the only existing residences with views overlooking the subject shoreline area. The City's waterfront trail runs east and west along Marine Drive immediately south of the Boat Haven. 9. Although the proposal is to replace a previously existing nonconforming boathouse, the nonconforming status of the boathouse expired per WAC 173-27-080(8), since permits necessary to restore the development were not applied for within six months ofthe date the damage occurred and the restoration was not completed within two years of any pennit issuance. 10. There are a dozen or so other nonconfonning boathouses in excess of 20 feet also located in the same area of the Boat Haven. 11. The designation of the subject site is Aquatic Harbor (AB) in the Port Angeles Shoreline Master Program, Industrial (1) in the Port Angeles Comprehensive Plan, and Industrial Heavy (IH) in the Zoning Code, and boating facilities are permitted uses in each of these designations. The existing Boat Haven is a longstanding use that is specifically allowed at this location. 12. The Shoreline Master Program lists five (5) regulations in Chapter 6 Boating Facilities Covered Moorage that specifically apply to this proposal. Conditions are recommended to require 'that the design, materials, color, length, and height (except as approved by variance) be similar and/or compatible throughout the Boat Haven and that nonreflective neutral materials and colors be used. Dock slip #46 is contiguous to other boathouses in the marina. 13. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance were reviewed 'with respect to this application, and those most relevant include the following which are included in Attachment C: . . . Planning Commission Minutes - February 9, 2000 Page 4 Port Angeles Shoreline Master Program Chapter 4 D-Environmental Impacts Policy 1 and Regulations 1-5, 7-9, and 11-12, E-Envirorunentally Sensitive Areas Policy 1 and Regulation 1, F -Kelp Beds, Eelgrass Beds, Herring Spawning Areas, Smelt Spawning Areas, Shellfish Areas and Other Critical Salt Water Habitats Policies 1-9 and Regulations 4-6, H-Salmon and Steelhead Habitats Policiys 1-4 and Regulations 1 and 5, J-Public Access Policies 1-7 and Regulations 2-5 and 12, K-Shorelines of State-wide Significance Policies 1-6l Chapter 5 Aquatic Harqor Purposes 1-2 and Policies 1-5 and 8, Chapter 6 B-Boating Facilities Policies 1 and 3 and Regulations General 1-4, 9, and 11, Covered Moorage 1,3-5. Comprehensive Plan Conservation Element Goal A and Policy 1, Goal B and Policies 1-2,9-10, 16-17, and 21, Goal D and Policies 1, 7-8, Economic Development Element Goal A and Policies 1,4, and 10, Goal B and Policy 1. 14. The application materials\vere sent to the Department of Ecology (DOE), the Washington State Departn1tmtofFish and Wildlife (WDFW), and the Lower Elwha Klallam Tribal Council' for review, and the comment period ran through January 21, 2000. 15. The Fire Department ana Public Works Department both indicated they have no comments or recommended conditions of approval regarding the application, except that the Building Division will require an application to construct a boathouse with a structural engineer design for construction and the applicant to obtain a permit and request inspections. 16. The public comment period ran from December 23, 1999, to January 24,2000. 17. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas (ESA) Ordinance (Section 15.20 P AMC) as a "beach and associated coastal drift process area." The applicant must obtain an administrative ESA approval per Chapter 15.20 of the Port Angeles Municipal Code. Conclusions: Based on the information provided in the January 26, 2000, Staff Report for SMA 00-03, including all of its attachments, comments and information presented during the public hearing, the Planning Commts'sion's discussion and deliberation, and the above listed findings, the City of Port Angdes Planning Commission hereby concludes that: , .~' A. As conditioned, the project is consistent with the Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance. B. The substantial development and variance permit approval is related the extraordinary circumstances of the high marine bluff between the existing residential . ,. I L" ~ Planning Commission Minflles . Febnwry 9. 2000 Page 5 . . . views and the marina's boathouses which afford adequate view protection from an additional nine feet in height of the proposed boathouse. C. The five shoreline variance review criteria listed in WAC 173~27-170 are satisfied. Criteria 3 is most applicabl.e. Strict application of the height requirement would preclude reconstruction of the applicant's boathouse since the boat to be rehoused is greater than 20 feet in height. For the past three years the applicant's boat has been moored despite the damage to the boathouse. The hardship in this case is a result of the size of the boat previously housed at this same location not conditions of the marina property. The additional height of the boathouse is similar to a dozen or so other nonconforming boathouses in the same area of the marina and does not cause any identified significant adverse impacts. Because of the other nonconforming boathouses, the variance for this project will not constitute a grant of special privilege not enjoyed by the other nonconfonning boathouses. The variance request of29 feet is the minimum necessary to rehouse the boat previously housed at the same location. The public interests in shoreline views and habitat protection will not suffer substantial detrimental effect from replacement of a 29 foot high boathouse among the other confonning and nonc6nforming boathouses in this area of the Boat Haven manna. Criteria 4 concerning cu.mubtive impact of additional requests for like actions in the area are substantially controlled by the same Shoreline Master Program regulation which limits the maXimum allowable area of covered moorage within the over-water portion ofthe marina to'10% of the over-water area. The policies of the Port of Port Angeles and existing covered moorage limit any significant increase in covered moorage at the Boat Haven. The Port of Port Angeles has given permission for reconstruction of a new structure no bigger or higher than the previously existing boathouse. Criteria 1, 2, and 5 do not apply to this shoreline variance application, since denial would not thwart policy enumerated in the Shoreline Management Act, the project is not landward of ordinary high water mark, and it is not a use variance. D. This variance proposal is not a precedent for similar development which already exists and will continue to exist at this location. The primary result of a variance approval would be to change the nonconforming status to be by variance instead of by preexisting development. WAC 173-27-080(5) states, "A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this . section shall apply as they apply to preexisting nonconformities. " E. The State Environmental Policy Act requirements have been fulfilled. As reviewed and conditioned, the project will not be detrimental to the shoreline and aquatic environment. The lack of specific information on juvenile Puget Sound chinook salmon and lack of comment on this project by the Washington State Department of Fish and Wildlife, the Department of Ecology, and the Lower Elwha Klallam Tribal Council indicates that the project's potential impacts on the aquatic environment is not significant. The Boat Haven represents a good opportunity for large scale Planning Commission Minutes - February 9, 2000 Page 6 . boathouses that would. result in relatively little additional view obstruction and shading at this marina location. The marine habitat ofthe Boat Haven is significantly compromised by the intensity of boating activities regardless of the shading of nine more feet of boathouse height. The economic development potential for locating larger boathouses at this location as opposed to other locations around Port Angeles Harbor or elsewhere in Puget Sound may be a net benefit for the marine environment by allowing them in one rather multiple locations. Although the waterfront trail runs along Marine Drive and does provide direct views of the Boat Haven water and shoreline areas, the area is dwarfed by large industrial structures surrounding the manna, F. As conditioned, the proposed project is in the public interest. G. As conditioned, the project will not additionally interfere with public use of or access to public waters and shorelines of the state. H. WAC 173-27-220 requires Department of Ecology approval of shoreline variance pennits submitted by loc~l goverrlments, and the Department of Ecology will also review WAC 173-27.~1'70\'anance criteria and the detennination of non significance before the shoreline vari~mce permit is approved. . The motion was seconded by Commissioner Reed and passed unanimously. CONDITIONAL USE PERMIT - CUP 00-02 - VOICE STREAM COMMUNICATIONS - Shane Park. BOO Block West 8th Street: Request to allow an unmanned telecommunications facility in the PBP, Public Buildings and Parks zone. The use would include replacement of a wooden 75' utility pole with a concrete pole where a 3 sector panel antenna array for the telecommunication use would be mounted flush at the top. The total height of the pole will be increased from 75' to 95' if the proposal is approved. .. . Planning Director Collins reviewed'the Planning Department's staffreport recommending approval of the proposed conditional use. In response to Commissioners Philpott and Hewins, Mr. Collins stated thaJ the proposed activity would not pose restrictions on normal uses of Shane Park. . John McDonagh, III Werner Road, Port Ludlow, WA 98365, representing Voice Stream Communications, agreed with staffs report and conditions of approval. Personal Communication Services (PCS) are impacted by surrounding vegetation, however, the proposed site is well above the mature stand of trees at Shane Park. It is not anticipated that the trees will grow to a point where they will interfere with transmission such that trimming will be needed in the near future. .Any such maintenance issues would be worked out with the City's Parks Department in the required lease agreement. The unmanned ground structure will be fenced and placed in an unobtrusive area that is not needed for nonnal park functions. I .. :' . . . Planning Commission Minutes. February 9. 2000 Page 7 Jolin Hicks, City Parks Department, stated that the City's Park Board is waiting on a decision by the Planning Com,mission before taking action on a lease approval for the project. In response to Commissioner Nutter, he answered that $750 a month has been proposed for lease of the site. Voice Stream will service the pole and other park needs when service ofthe pole and light system is required. He stressed that the applicant is willing to do whatever is requested to be a partner in the use of the site. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Nutter moved to approve the conditional use permit as proposed with two conditions, and citing tbe following findings and conclusions: Conditions: L Approval is for the application as submitted and identified as Attachment B to the February 9, 2000, Plannil,lg Department Staff Report for CUP 00-02. ,jr-....',..' I. . ' . 2. The equipment and its' operation shall be in compliance with Federal Communication Commission licensing requirements for such facilities. Findings: The following findings are based on the information provided in the February 9, 2000 Staff Report for CUP 00-02, including all of its attachments. Consideration was also given to the comments and information presented during the February 9, 2000 public hearing, and the Planning Commission's discussion and deliberation. Consequently, the City of Port Angeles Planning Commission hereby finds: 1. The applicant, Voice Stream Wireless, applied for a conditional use permit to replace an existing 75' taIllight standard with a 95' tall wireless communication tower and antenna, and to construct' an associated base station. The application is identified as AttacIunent B to the February 9,2000 Staff Report for CUP 00-02; 2. The site is located in Shane Park, a City owned and operated public park located in the 1300 block of8lh Street. The tower and base station is to be located south of the park's softball fields. The tower will be just outside of a treed portion of the park and the base station will be within the treed area. 3. The Comprehensive Plan Laud Use Designation for the site is Open Space [OS); ,I. 4. The site is zoned Public Buildings and Parks [PBP]; 5. A Determination of Non-Significance (#893) was issued for the proposal on January 21,2000. : , . . . Planning Commission Minute.<; - February 9, 2000 Page 8 6. The tower will extend approximately 20' to 30' above the existing tree tops. A three panel antenna array will be installed near the top of the tower. Each of the three antenna panels is approximately 5' by 8" by 2" and is made of nonreflective material. The lights located on the existing pole will be relocated on the new tower. 7. The base station consists of two 5' high cabinets set on a 10' by 15' concrete pad and will be enclosed by a 6~ high ,chain link fence. 8. The Utilities and Public Services Element Goal A is "To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics, needs, and interests." Goal D is "To provide utility services in an efficient and cost-effective manner." 9. The proposed use, a communication building and structure, is considered similar to a utility structure as listed in P AMC 17.40.040 X and as such may be approved in the PBP zone as a conditionally permitted use per P AMC 17.40.050. 10. No letters of comme~t were received from the public regarding this application during it's public comment period which ran from December 30,1999 to January 14, 2000. '. 11. Section 17.94.170 of the ,Port Angeles Municipal Code exempts antennas from the Zoning Code's height 'restrictions. Conclusions: The following conclusions are based on the information provided in the February 9, 2000 Staff Report for CUP 00-02, including all of its attachments. Consideration was also given to the comments and information presented during the February 9,2000 public hearing, the Planning Commission's discussion and deliberation, and the above listed findings. Consequently, the City of Port Angeles Planning Commission hereby concludes: A. The project as conditioned is consistent with the City's Comprehensive Plan, Zoning Ordinance and Parking Ordinance, specifically Comprehensive Plan Utilities and Public Services Element Goal A and D. B. As conditioned, the proposed use is compatible with the adjacent land uses. C. The proposed project is not detrimental to the public interest. D. The installation of this and other similar facilities expands the variety of telecommunication services available to the community and region. The motion was seconded by Commissioner Philpott and passed unanimously. . . . Plmming Commission Minutes - Febnlal)' 9. 2000 Page 9 COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Director Collins noted that Senior Planner Sawyer was not in attendance due to his being recognized for the Port Angeles Downtown Association Partner Award. The Commission offered their congratulations and support for his efforts. A short course in planning will take place in Port Townsend on February 26, 2000, which is a Saturday. Mr. Collins encouraged all Planning Commissioners to attend and asked that Sue Roberds be contacted for ride share opportunities and registration. The City has been working with the Association of Washington Cities for available broad training opportunities for members ofthe Council, Commission, and Boards. Regarding an issue brought about by Commissioner Nutter in past meetings, Mr. Collins met with Steve Zenovic, Engineer for Zenovic and Associates, on the Withers site on Penn Street to view the fill that has occurred on the site. The engineer did not agree with the previous determination as to where the top of the bank exists. The previous fill will need to be reengineered and some additional nagging will be required to define topographical areas of the site. The applicant will likely be able to proceed with development of the site with the . . 1. new engmeenng. '... . I.. . Commissioner Nutter expressed'trustration that no real penalties are in place to discourage people who proceed without proper permits and approvals. If no one brings them to the City's attention they go unchecked with no real deterrent. REPORTS OF COMMISSION MEMBERS Commissioner Reed thanked staff for the analysis of the YING Shoreline Permit. He couldn't remember or find justification for the original 20' height limitation for structures such as boathouses. He suggested that the Master Program might need to be reviewed for a modification given the Boat Raven's location and surrounding uses. Director Collins noted that staff has scheduled a review of that section of the Shoreline Master Program for the reasons previously discussed. A public hearing date of February 23, 2000, has been set. ' ,. Commissioner Schramm questioned the mechanics of how the damaged boathouse would be replaced. What happens to the existing boathouse. Mr. Collins explained that staff learned almost by accident that another individual would like to try to repair the existing boathouse rather than remove the structure from the Boat Haven after replacement by the new structure. The new boathouse cannot be moved into place until the old boathouse is properly taken care of, either by a shoreline permit or demolition. The SEP A review addressed those issues. . . . Planning Commission Minules - February 9. 2000 Page J 0 Commissioner Hewins stressed the need for the Port to work more closely with the City when giving permission for activities to occur in the Boat Haven and other shoreline areas. The Port worked with the City in development of the Shoreline Master Program and should be aware ofthe regulations therein. Possibly, staff could direct a letter to the Port asking that before they give any final permission for an activity to occur they suggest that applicants check with the City for required. regulations. Mr. Collins noted that in this instance the applicant did come to the City.' Th.ere was a mistake at the City as well. It was considered a one to one replacement and the height limitation did not properly get added into the review. The applicant has been working with the City and knew that if they didn't get a variance, the work done on the boathouse would be to no avail. ADJOURNMENT The meeting adjourned at 8:15 p.m. ~~... B ad Collins, Secretary . t/h Fred Hewins, Chair " '!! . PREPARED BY; S. Roberds CITY OF · ~ORTANGELES <' ,~ WAS H I N G TON, U. S. A. PLEASB SIGNjN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET For the subject of items listed on the meeting Agenda Of:~ t /Ill -" I ~;2.LJ,1 0 (Date Note: IE. I plan on testifying by signature below I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington.