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HomeMy WebLinkAboutMinutes 02/26/1997 . , . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. f~ORT.q1l'; 4, ~'-~ ~ "'" ,r:::5/~ "h ....tJl if "~ ~.~ - PI.A,NN\llU AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 February 26, 1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: January 8,1997 IV. PUBLIC HEARINGS 1. .CONSIDERATIO~F ALTERNATlYE WHITE'S CREEK CROSSING AND~NMOTORIZED PRO\ClSIONS IN THE CITY'S. mOPOSED TRANS~O.RT A TION SERYLCES AND FACILITIES. PLAN (TSFP). 2. SHORELINE MANAGEMENT PERMIT. SMA 97-01 - K.PL Y, 439 Marine--DriYe.: An application to construct a new structure 80' x 300' X 40' to replace an existing warehouse facility and two smaller structures that will be demolished on property within 200' of the shoreline in the Industrial Light zone. 3. MIJllilCIP AL CODE AMEIIDMENT ~ MeA 96(08)1D. - AMENDMENT TO SHORELINE PROCED.liRES:. An amendment to bring the City's shoreline management regulations in accordance with revisions in the Department of Ecology shoreline management pennit and enforcement procedures. v. COMMUNICATIONS FROM THE PUBLIC VI. ELECTION OF OFFICERS -1997 to 1998 VII. STAFF REPORTS PLANNING COMMISSION: Bob King, (Chair), Tim German (Vice), Cindy Souders, BobPhilpoct. .Linda Nutter, Dean Reed, Mary Craver. STAFF: Brad Collins. Director, Sue Roberds Planning SJX'cialist, David Sawyer. Senior Planner. . ., . VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting! hearing will be provided to Commission members at the meeting. 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 Angeles, Washington 98362 February 26, 1997 7 :00 p.m. ROLL CALL Members Present: Linda Nutter, Bob Philpott, Cindy Souders, Bob King, Dean Reed, Tim German Members Excused: Mary Craver Staff Present: Brad Collins, David Sawyer, Sue Roberds, Gary Kenworthy Public Present: Jean Fairchild, Kathe Smith, Sarah Matthews, Jack Glaubert, Ken Sweeney APPROVAL OF MINUTES Commissioner Reed moved to approve the January 8,1997, minutes with a minor wording correction. The motion was seconded by Commissioner Nutter and passed 4 - 0 with Commissioners German and Souders abstaining. PUBLIC HEARINGS: CONSIDERATION OF ALTERNATIVE WHITE'S CREEK CROSSING AND NON MOTORIZED PROVISIONS IN THE CITY'S PROPOSED TRANSPORTATION SERVICES AND FACILITIES PLAN (TSFP). Commissioner Reed noted for the record that he owns property and lives in the area under discussion as an alternate crosstown route. Planning Director Collins responded that as this matter is a legislative issue versus a quasi judicial matter, the location of his residence is not an issue of fairness. Director Collins reviewed the departmental memorandum recommending that following close of the scheduled public hearing, the Planning Commission forward a recommendation to the City Council to adopt an alternative crosstown route, Scenario om rather than that originally proposed for adoption, Scenario ill. The recommendation should also include acceptance of amendments recommended by the City's Nonmotorized Committee for nonmotorized travel City-wide. He drew attention to a display map that identified the nonmotorized routes and a report submitted on behalf of the Committee outlining its findings. Inconsistencies and errors in cost calculations that were found by a member of the . . . Planning Commission Minutes - Febrnary 16, /997 Page 1 Committee were pointed out for correction in the final document. The Planning Commission's original recommendation was based on the determination that the consultant's proposal for a second crossing of White's Creek did not provide for a level of service at Golf Course Road and Highway 101 that would warrant such an expenditure. The proposed addendum (llIB) would utilize the existing Bonneville Powerline easement and would be in an area where little development occurs at present due to the powerline and the terrain. Chair King opened the public hearing at 7 :20 p,m. Jean Fairchild, 3524 Mt Pleasant Road, representing the City's Nonmotorized Committee, requested that amendments as proposed to the TSFP by the Committee be forwarded to the City Council for inclusion in the final document. The seventeen members of the Committee included representatives from the transit service, trails, National Parks, schools, mills, senior citizen, Planning Commission, Planning, Police, Parks, and Public Works Departments. She thanked the City for the opportunity to work on this transportation planning effort and commended the Committee members on the product and the enthusiasm each member exhibited in developing the final product. Kathe Smith, 607 East Fourth Street, was available for questions regarding the Nonmotorized Committee's recommendation. She pointed out that errors in the cost estimates provided by the consultants were because an entire project's cost was listed rather than a breakdown of the nonmotorized components separately. Commissioner Nutter, who represented the Planning Commission on the Committee, reiterated Mrs. Fairchild's comments that the Committee was composed of members of an excellent cross section of public services who exhibited an eagerness for the issue. Gary Kenworthy, City Engineer, presented an overhead display identifying the amended proposed crossing location (Scenario IIIB) of White's Creek. He explained that eventually a crosstown route at this location could extend east to connect with the County's Heart of the Hills Parkway proposal and in the meantime extend north on Golf Course Road to a connection with Highway 101. As the County has adopted the Heart of the Hills Parkway route the City's adoption of the amended secondary crossing proposal would be consistent with county transportation planning efforts. Director Collins summarized by noting that the proposed secondary crossing would not be used to re-route truck traffic which would stay on Race Street and FirstIFront Streets, but would be an alternate throughway for emergency use and to ease local traffic congestion. The City would have to process an amendment to the Comprehensive Plan to incorporate amendments proposed by the Nonmotorized Committee. Sarah Matthews, 736 Christman, supported a second crossing of White's Creek in the area of Golf Course Road. During the past winter snow storms, travel was difficult due to the grade of Golf Course Road. An alternative route would aid emergency travel as well as local use. There being no further testimony, Chair King closed the public hearing. Planning Commission Minutes - Febrnary 26, 1997 Page 3 . Commissioner Souders asked what public notification was provided for the amended crosstown route proposal. In response, Director Collins indicated that only required public hearing notice was provided as opposed to the intensive public notice procedure used for the previous hearings where the original route was opposed by owners of properties in that area. Commissioner Reed agreed that adequate public notification should be provided and expressed a desire to obtain additional public comment and to conduct further meetings with property owners who will be affected should a secondary alternate route be adopted. Although many hours oftestimony were taken for the previous proposals, the amended route has not been given the same airing with the public. The amended route is further south from the original area which will relieve certain property owners, but the public needs to be made aware of the alternative proposal so development such as that which has occurred along the original route does not repeat itself without advanced knowledge of these future transportation planning issues. . Mr. Collins agreed, but noted that as this is the beginning of a very lengthy, involved process, that could take twenty years or more, and that is very dependent on funding, there will be ample opportunity for public notification in the meantime. Neither state or local funding is available at present for such a proposal. Commissioner German felt that the amended proposal is the most neutral route as it utilizes the Bonneville Powerline area. . Commissioner Nutter moved to recommend that the City Council adopt the addendum (Scenario IIIB) to the Transportation Services Facilities Plan (TSFP) Executive Summary as proposed including the recommendations of the City's Nonmotorized Committee, with final adoption of the TSFP after an opportunity for additional public input following a town meeting to be held by the City Council. Commissioner German seconded the motion, which passed 5 - O. It was understood that the Council might decide to direct the Planning Commission to conduct a town meeting rather than at the Council level. SHORELINE MANAGEMENT PERMIT - SMA..9.kOl - K-PLY, 439- MarineJ2riye.: An application to construct a new structure 80' x 3001 X 401 to replace an existing warehouse facility and two smaller structures that will be demolished on property within 200' of the shoreline in the Industrial Heavy zone. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the permit as requested. Chair King opened the public hearing. . Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 338 West First Street, represented the proposal on behalf of the applicant as no one else was present to represent the request. He offered to try to answer questions but did not have specific answers on the operation ofthe K-Ply Mill. It is anticipated that K-Ply will hire fifteen new employees to work in the enlarged facility. He originally intended to support the project proposal on behalf of the Port. K-Ply has the equipment that will be used in the new warehouse. The larger structure will . . . Planning Commission Minutes - February 26, /997 Pnge 4 enable expansion of the K-Ply product line and the hiring of possibly 30 new employees. The Port is in line to begin the estuary project that is associated with the site this year. The Commission discussed safety issues associated with the Waterfront Trail use in the proposed area and planned public access around the site's planned estuary project at length. A barrier between pedestrian, nonmotorized travel and the operations of the mill was discussed at length. Ken Sweeney, Port of Port Angeles, noted that travel along the trail from the east side of the estuary project to the mill is relatively safe; however, travel in the area west of the mill is complicated by truck and operations activity. There being no further testimony, Chair King closed the public hearing. Commissioner German moved to approve the shoreline permit as proposed with the staWs proposed conditions, findings and conclusions. Commissioner Philpott seconded the motion. Discussion continued regarding the public's use of the working mill area and ingress/egress of mill activity across the walking trail area. Commissioner Reed stated that a condition should be included regarding the City's policy on archaeologically significant areas in the event that excavation is proposed. It was decided that K-Ply management must be aware of the liabilities involved with the proposed pedestrian activities and will plan for the safety of pedestrians and mill workers. There should be a separation between the recreational and mill uses of the site; however, the area will always appear industrial as that is what it is. Condition No.6 and Conclusion No.2 were added for consistency with other City approvals in areas where culturally significant artifacts may be found. On call for the question, the motion passed 5-0 with the following conditions, rmdings, and conclusions: Conditions.: 1. The project shall comply with the regulations ofthe City's Shoreline Master Program, specifically those requirements of Chapters 4, 5 and 6. 2. The project shall meet all requirements of the Port Angeles Municipal Code including environmentally sensitive areas, fire, and building code requirements. 3. All signs shall be consistent with the City's appropriate zone regulations and Chapters 4 and 5 of the City's Shoreline Master Program. 4. The applicant shall comply with the requirements of the Public Works Department in their memorandum dated January 30, 1997, attached as Attachment "c" to the staffs report, which reads "The property fronts on Marine Drive and Front Street which are minor arterials. The Comprehensive Plan Urban Services requires sidewalks along all arterials. A I O-foot wide City standard sidewalk, adjacent to the northerly curb, will be required to be extended from that completed portion opposite Valley Street easterly 670+/- feet to connect to the existing sidewalk opposite Cherry Street. This missing link requires Waterfront Trail hikers to cross the busy arterial twice and has been a . . . Planning Commission Minutes - February 26, /997 Page 5 source of many complaints." 5. The applicant shall confirm the number of additional employees, if any, resulting from the proposed project and shall submit a parking plan to meet the requirements of the Off-Street Parking Ordinance. 6. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha SKlallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha SKlallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to 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 valuable archaeological data is properly salvaged. Eindings;. Based on the information provided in the staff report (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, K-Ply, Inc., applied for a Shoreline Substantial Development Permit on December 12, 1996. The application was determined complete on January 24, 1997 (See Staff Report Attachment A). 2. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on February 7, 1997. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan; Industrial, Heavy in the City's Zoning Ordinance; and Urban-Harbor in the City's Shoreline Master Program. 6. A sawmill and log storage operation is a water-related industrial use permitted in the Urban-Harbor designation of the City's Shoreline Management Plan. 7. The City's waterfront trail runs east and west adjacent to the property's south property line. . . . Planning Commission Minutes - February 26, 1997 Page 6 8. The nearest residents are over 300 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. Conclusions.:. Based on the information provided in the staff report including all of its attachments, comments and information presented during the public hearing, the Planning Commissionts 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 following adopted City policies, Comprehensive Plan Land Use Element Policies A.2, H.3&4, and the Conservation Element Policies B.1, D.S, and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies J.l and 2, L.l and N.l and 2, Chapter 5, Policies D.I-6, and 10, and all associated regulations. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance public access to the shoreline. D. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Commissioner Souders noted that it is not the City's policy to act on a proposal when the applicant is not present. As the applicant was notified of the meeting but did not attend, she wondered if the issue should be tabled. Director Collins urged the Commission to continue with the deliberation as Mr, Sweeney offered to represent the applicant as best he could. Senior Planner Sawyer suggested that the applicant would work with staff to develop satisfactory answers to the expressed safety concerns prior to finalization of building issues. On call for the question, the motion passed 5 - o. The Commission took a break at 8:50 p.m. The meeting reconvened at 9:20 p.m. MUMCIP AL COJlE AMENDMENT - MCA2.6(DB)10 - AMENDMENT T-O-8HORELINE PRO_CEDURES.: An amendment to bring the City's shoreline management regulations in accordance with revisions in the Department of Ecology's shoreline management permit and enforcement procedures. Planning Director Collins indicated that the State Department of Ecology adopted amended shoreline management regulations in October, 1996, that local jurisdictions were required to adopt as well. To date, the City has not adopted those regulations, hence, the City's operational procedure is not in compliance with the state's direction. The proposed ordinance was drafted by the City Attorney's Office to correct the discrepancy. Additionally, during the City's consolidated permit processing hearings it was decided that the Planning Commission would become the City's decision making body for shoreline permits with appeal to the City Council. This issue was inadvertently not included in the amendments proposed to the Municipal Code and is being included with the ordinance under . . . Planning Commission Minutes - February 26,1997 Page 7 consideration at this time. The later is the only significant deviation from the City's operating procedure in the case of shoreline permits. Chair King opened the public hearing. There being no one present to speak to the issue, the hearing was closed. Following specific review by Commission members, it was decided to strike Sections 15.08.070 B. and C., and revise wording referring to the "Advisory Committeetl with "Plarming Commission", and amending the title in Section 15.08.1 00 to read "Council :A-ction Appeal." Commissioner Souders moved to recommend approval of the Municipal Code Amendment as amended. The motion was seconded by Commissioner German and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None. ELECTION OF OFFICERS Chair King opened nominations of officers for the 1997 term, Commissioner Nutter nominated Commission German as Chair for the 1997 terms of office and Commissioner Reed as Vice Chair. There being DO further nominations, nominations were closed and passed 6 - O. STAFF REPORTS Planning Director Collins informed the Commission that Martie Lucas had been appointed by the City Council at its February 18, 1997, meeting to replace Commission Bob Philpott. He thanked Mr. Philpott for his faithful service to the City and invited all the Commission members to attend the City Council's March 4, 1997, meeting where Mr. Philpott would be recognized for his service on the Planning Commission. REPORTS OF COMMISSION MEMBERS Chair King thanked Commissioner Philpott for his generous service on the Planning Commission for the past ten years as did other commissioners. Mr. Philpott thanked the City for the opportunity to serve its citizens and indicated that he is willing to continue as a commissioner but unfortunately he is only able to serve two consecutive terms. Commissioner Souders restated her earlier expressed concern that it is a long-standing policy of the Planning Commission to not act on an application if an applicant or a designated representative is not present. An exception was made to that policy in dealing with the K-Ply shoreline permit because of the desire to expediently deal with the issue, but it is a practice that she questioned and encouraged not be continued. P/mming Commissio'l Miml/es - Febroary 26, 1997 Page 8 . ADJOURNMENT The meeting adjourned at 10:00 p.m. ~~ B ad Collins, Secretary Bob King, Chair PREPARED BY: S. Roberds ". . ,