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HomeMy WebLinkAboutMinutes 03/03/1999 I. ~.,."I 'o,c R" }T' I');.', NIrGf' JE')Li E" /5" J 1 // . u~.I. .. .1. / .1. ~ "='".' i i...~.1 'I_~ i ~~._ ___ .._ __.J WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street March 3, 1999 Special Meeting I. CALL TO ORDER 7 p.m. II. ROLL CALL Ill. APPROVAL OF MINUTES: Meeting of February 10,1999. IV. PUBLIC HEARINGS: . 1. SHORELINE SllBST ANTIAL DEVELOPMENT PERMIT - SMA 99-03 - DAISHOW A AMERICA, 1902 Marine Drive..: A proposal to construct an approximate 400 square foot addition to the mill's refiner area with related concrete landings and steps. 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99-04 - CITY OF PORT ANGELES, Port Angeles Municipal Pier, 315 N. Lincoln Str.e.et: Proposal to place signs at the Municipal Pier in the shoreline area. 3. CONDITIONAL USE PERMIT - CUP 99-01 - S.t ANDREW'S EPTSCOP AL CHURCH, 510 East Park Avenue: Expansion of church use in the RS-7, Residential Single Family, zone. 4. MUNICIPAL CODE AMENDMENT - MCA 99-01 - CLAI,LAM C.OUNTY HOIISING AUTHORITY, Regidential zones City wide: Allow public housing authority office uses in residential zones by conditional use permit. v. VI. VII. . VIII. IX. ELECTION OF OFFICERS COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT PLANNING COMMISSIONERS: Dean Reed (Chair); Mary Craver (Vice Chair); Cindy Souders, Bob King, Linda Nutler, Fred Hewins. ( One Vacancy) PLANNING STAFF: Brad Collins, Planning Director; David Sawyer, Senior Planner; Sue Roberds, Planning Specialist. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 3,1999 7:00 p.m. ROLLCALL Members Present: Linda Nutter, Dean Reed, Bob King, Fred Hewins, Mary Craver Members Absent: None (Two Vacancies) Staff Present: David Sawyer, Sue Roberds Public Present: Pamela Tietz, Terry Welker, Bill Dawson, Fred Norton, Melinda Szatlocky, Reverend Michael Carr APPROVAL OF MINUTES Commissioner King moved to approve the February 10,1999, minutes as submitted. The motion was seconded by Commissioner Nutter and passed 4-0 with Commissioner Craver abstaining. PUBLIC HEARINGS: Citing a possible Appearance of Fairness, Commissioner Reed left the room and Vice Chair Craver assumed the Chair for the first proceeding. SHORELINE SllBST ANTIAL DEVEY,OPMENT PERMIT - SMA 99-03 - DAYSHOW A AMERICA, 1902 Marine Drive: A proposal to construct an approximate 400 square foot addition to the mill's refiner area with related concrete landings and steps. Senior Planner David Sawyer reviewed the Planning Department staff report recommending approval of the permit as proposed. Vice Chair Craver opened the public hearing. Terry Welker, 51 Island View Drive, representing the applicant, concurred with staff's recommendation and noted that the current proposal is consistent with Daishowa America's constant upgrade to mill facilities to retain the current quality of process control. The new equipment room will house equipment needed to maintain excellent process control. The Daishowa America mill site contains a private stormwater control facility. Any runoff resulting from the new roof area will be treated at that facility prior to discharge. Every precaution will be taken to assure the quality of development with regard to construction and environmental practices. There being no further questions, Vice Chair Craver closed the public hearing. . . . Planning Commission Minutes Special Meeting of March 3. 1999 Page 2 Following brief discussion, Commissioner Nutter moved to approve the shoreline substantial development permit with the following conditions, and citing tbe following findings and conclusions: Conditions of Approval: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the proj ect 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. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5, 6 and 7. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan and as listed in the Department of Ecology letter dated February 9, 1999, and attached as Attachment A to the staffreport for SMA 99-03 dated February 24, 1999, to control stormwater runoff into the shoreline area. 5. Construction pursuant to this shoreline substantial development permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Eindings;. Based on the information provided in the February 24, 1999 Staff Report for SMA 99-03 (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 fmds that: 1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial Development Permit on December 4, 1998 and the application was determined complete on December 14, 1998 (please see the February 24, 1999 Staff Report for SMA 99-03 Attachment A). . . . Planning Commission Minutes Special Meeting of March 3.1999 Page 3 2. The proposed application is for a shoreline substantial development permit to build a new 12' x 32', 18' high addition adjacent to the existing Refiner Mill building for the purpose of housing electrical equipment. 3. A Mitigated Determination of Non-Significance (#827) was issued by the City of Port Angeles SEP A Responsible Official for the proposal on January 26, 1999, and is attached to the February 24, 1999, Staff Report for SMA 99-03 as Attachment B. 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 6. 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. 7. Chapter 5 of the CitYs Shoreline Master Program indicates a water-related industrial use, such as a pulp and paper mill, is a permitted use in the U-H designation. 8. Public access to the shoreline is provided through this industrial site by way of the City's waterfront trail which runs along Marine Drive. 9. The construction of the proposed addition will not impact the use of Marine Drive or the City's water front trail. 10. The proposed addition will serve the existing pulp and paper mill facility. 11. Structures housing water-related uses are required to setback 10' from the shoreline. 12. The proposed structure is located 381 from the shoreline at this lo.cation. Cone 1 II s.ions.:. Based on the information provided in the February 24, 1999, Staff Report for SMA 99-03 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy C-8, and Economic Development Element Policy A-3, the Citis Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, J-2, and N-2, Chapter 5, Policy D-l, and all associated regulations. . . . Planning Commission Minutes Special Meeting of March 3. J 999 Page 4 B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy C-8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, J-2, and N-2, Chapter 5, Policy D-l, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the public use oflands or waters subject to the public trust doctrine. Commissioner King seconded the motion, which passed 4 - O. Commissioner Reed returned to the meeting room and resumed the Chair. SHORELINE SUBSTANTIAl, DEVELOPMENT PERMIT - SMA 99- 04 - CITY O~ORT ANGELES, Port Angeles--.Municipal Pier, 3l5Ji. Lincoln Street: Proposal to place signs at the Municipal Pier in the shoreline area. Commissioner Nutter noted for the record that she is a member of the staff of Peninsula College. The Marine Lab is operated by Peninsula College. She stands to gain nothing from the proposal but volunteered to remove herself from the proceedings ifthere were objections from the audience as to her acting on the issue. There was no objection. Senior Planner Sawyer presented the Planning Department's staff report recommending approval of the permit as proposed. Planner Sawyer responded to Commissioner Nutter that subsequent changes to signage on the Municipal Pier within the shoreline area would be reviewed under the scope of the shoreline substantial development pennit. If subsequent changes are minimal they could be approved administratively. If they ar found to be significant they would require a separate shoreline permit approval. Chair Reed opened the public hearing. There being no one to speak to the proposal, staff offered to field any questions. There being none, Chair Reed closed the public hearing. Commissioner Nutter moved to approve the shoreline substantial development permit as proposed citing the following conditions, and noting the following findings and conclusions: Conditions of ApproYal: 1. Ifthe subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a . . . Planning Commission Minutes Special Meeting of March 3, 1999 Page 5 representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall detemrine the extent of excavation monitoring for the project during the pemrit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a rev~ew by the aforementioned cultural team. If during an excavation that by decision ofthe 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. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4,5,6, and 7. 3. The project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance and Downtown Sign Ordinance. 4. Each freestanding sign shall be limited to a maximum height of 10' from the adjacent ground level. 5. Each freestanding sign shall be limited to a maximum sign area of 32 square feet. 6. Construction pursuant to this shoreline substantial development permit shall not begin unti121 days from the "date of filing" as defined in RCW 90.58.140. Findings: Based on the infonnation provided in the February 24, 1999, Staff Report for SMA 99-04 (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, City of Port Angeles applied for a Shoreline Substantial Development Permit on December 28, 1998, and the application was determined complete on January 6, 1999. 2. The proposed application is for a shoreline substantial development permit to place two freestanding signs on the Port Angeles Pier to identify the existing marine center. The first is single-sided, 4' x 8' (32 square feet) in size, and 12' in height, the second is double-sided, 32" x 35" (9.3 square feet) in size and 5' in height. Both signs are for the purpose of identifying the existing public marine center (please see the February 24, 1999 Staff Report for SMA 99-04 Attachment A). 3. A Determination of Non-Significance (#833) was issued by the City of Port Angeles SEPA Responsible Official for the proposal on February 18, 1999, and is attached to the February 24, 1999, Staff Report for SMA 99-04 as Attachment B. . . . Planning Commission Minutes Special Meeting of March 3. J 999 Page 6 4. The application and hearing process was advertised in accordance with the legal requirements ofthe City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 6. The majority of the site is zoned Central Business District (CBD) with a small portion of the site zoned Commercial, Arterial. For the purpose of this review the entire site is considered designated as CBD. 7. A public marina is a permitted use in the CBD and signs are regulated by the Downtown Sign Ordinance (PAMC 14.36). 8. The cumulative size of the proposed signs is within the CBD's allowed maximum for this site, however, the sign ordinance does restrict the site to only one freestanding sign. 9. The proposed signs are considered on-premise signs serving a water-dependent marina use. Chapter 5 of the Shoreline Master Program indicates such signs are permitted in the U-H designation. 10. The Shoreline Master Program limits freestanding signs to a maximum of 10' in height and 32 square feet of sign area per sign. 11. The larger proposed sign as submitted is 32 square feet in size and 12' tall. 12. Although minor excavation is required for the larger sign's support posts, it is located in a previously disturbed landscaping area of the existing parking lot. Conclusions: Based on the information provided in the February 24, 1999, Staff Report for SMA 99-04 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2, D-2, and J-5, and Conservation Element Policies B-9, and C-l and 2, the City's Central Business District zone and sign regulations, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies L-l, 2, 3, & 4, and Chapter 5, Policy D-l, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policies A-2, D-2, and J-5, and Conservation Element Policies B-9, and C-l and 2, the City's Central Business District zone and sign regulations, and the Citis Shoreline Master Program's Urban- . . . Planning Commirrion Minutes Spedal Meeting of March 3, /999 Page 7 Harbor designation and Chapter 4r Policies L-l, 2, 3, & 4, and Chapter 5, Policy D-I, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the public use of lands or waters subject to the public trust doctrine. E. The signs will not deter from the area's aesthetic attributes or significantly block visual access to the shoreline. The motion was seconded by Commissioner Craver and passed unanimously. CONDITIONAL USE PERMIT ~ CUP 9.9-01 - St. ANDREW'S EPISCOPAL CHURCH, 510 East Park Avenue:. Expansion of church use in the RS-7, Residential Single Family, zone. Planning Specialist Sue Roberds reviewed the Planning Department's report recommending approval of the conditional use permit as submitted. In response to Commissioner Nutter, Ms. Roberds answered that access to the site is provided from Park Street which is developed to minimum standards. Chair Reed opened the public hearing. Fred Norton, 1807 East Third Street, agreed with staff's analysis and volunteered to answer questions. Melinda Szatlocky, 32 South Ridge, supported the application and stated that access to the church site from Park Street will be improved from the currently narrow driveway during the construction to better accommodate emergency vehicle access. There being no further testimony, Chair Reed closed the public hearing. Commissioner Hewins moved to approve the conditional use permit citing the following findings and conclusions: Eindings.:. Based on information provided in the February 24, 1999, Staff Report for CUP 99-01 (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, St. Andrew's Episcopal Church, submitted the subject application to the City on January 21, 1999. Planning Commission Minutes Special MeetillgafMarch 3. /999 Page 8 . 2. A Determination of Completeness was published on January 28, 1999. Legal publication appeared in the ~ninsula Daily News on January 31, 1999, with notification sent by U.S. Mail to 36 surrounding property owners within 300 feet of the subj ect property per 17.96.140. The associated public comment period ended on February 12, 1999, with.no written or verbal comments received. 3. The application is to expand an existing church use in a RS-7, Residential Single Family zone. The existing facility contains 10,574 square feet of usable floor area. The proposed addition is to add 6,689 square feet for a total area of 17,263 square feet. 4. A Determination of Non Significance (DNS #832) was issued for this proposal on February 19, 1999. 5. The site is zoned RS- 7, Residential Single Family, and is designated by the Comprehensive Plan as Low Density Residential (LDR). The site exists at the northern edge of the City's South Central Planning Area. 6. . 7. 8. Church uses are conditionally permitted in the RS-7 zone. The existing church use has occupied the site since November, 1971 and is therefore conforming to existing zoning standards. The proposed expansion of the existing structure/use will result in approximately 8% ofthe site covered by structures. Thirty five (35%) percent lot coverage is permitted for church uses in residential zones. 9. Church uses approved by conditional use permit in RS zones must observe specific development standards which are set forth in Table A of the City of Port Angeles Zoning Ordinance. 10. Church uses are permitted to have 10 square feet of signage. The existing church facility has an approximately 32 square foot free standing sign. Conclusions: Based on information provided in the Planning Department Staff Report for CUP 99-01, dated February 24, 1999, including all of the information in the public record file, comments, and information presented during the public hearing, and the Planning Commission I s discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: A. Comprehensive Plan Land Use Element Policies AI-2, and Cl are most relevant to the proposed project. . B. The proposed use is consistent with the City's Comprehensive Plan including but not limited to Land Use Element Policies AI-2 and Cl. Planning Commission Minutes Special Meeting of March 3, 1999 Page 9 .- C. The use is consistent with the City's Zoning Ordinance and specific development standards for church uses in the RS-7 zone. D. The proposal is in the public interest. The motion was seconded by Commissioner Nutter and passed unanimously. Chair Reed noted that it is refreshing to review an application where more than the required parking is intended. MUNICI' AL COD~ENDMENT - MCA 99-01 - CLALLAM COUNTY HOUSING AUTHORITY, Residential zones City wide: Allow public housing authority office uses in residential zones by conditional use permit. Senior Planner Sawyer reviewed the Planning Department's staff report recommending amendment to the Port Angeles Municipal Code as recommended by staff. He noted that staff s proposed wording restricts the proposed use to properties when public housing authority uses exist and would not allow the proposed office uses when public housing was not located on a site. Chair Reed opened the public hearing. . Pamela Tietz, 1311 West Ninth Street, thanked staff for their assistance in this matter. The presence of staff on site in public housing situations results in the use being a better neighbor and often deters negative situations activities within the development. The need to construct an office use on the Housing Authority's property in a timely manner is the reason the amendment is proposed. Funds are currently available which will not be within the time period that it would take to allow the property to Residential Medium Density (RMD). As the site has operated as a housing authority project for over fifty years, it is likely that it should be rezoned to allow for the type of uses that have occurred on the site during that time period. A rezone application to RMD will be submitted in March for the Francis Street Housing Authority project to acknowledge the historic use of the property. There being no further testimony, Chair Reed closed the public hearing. Commissioner King moved to recommend approval ofthe Municipal Code Amendment as proposed citing the following findings and conclusions: Findings: . Based on the information provided in the Planning Department Staff Report for SMA 99-01 dated February 24. 1999, including aU information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Housing Authority of Clallam County, submitted a Municipal Code Amendment application to the City on January 20, 1999. The associated public comment period ended on February 12, 1999, with no written comments received. 2. The application is to amend PAMC 17.10.040 as follows: . Planning Commission Minutes Special Meeting of March 3.1999 Page J 0 2. The application is to amend PAMC 17.10.040 as follows: HR. Public Housing Authon'ty office and maintenance structures directly related to the maintenance and operation of Public Housing Authority housing and social service programs. " 3. The Planning Department staff recommendation is to amend P AMC 17.10.040 as follows: "17.10.040 Conditional Uses, A. B. C. D. E. F . H. L 1. K. L. M. MN. Na fJl!.. PQ. (jR. G. Accessory residential units. Agricultural nurseries and greenhouses. Art galleries and museums. Assisted living facility. ehurchesChildJia;y--carp. r:entp.rs and pre-schools eommunirntiun,:j IruftMnis!tiOfl buildings and strudure.s, e.g.. ladio towerChu~. ehild day-eal e centels and p' t;-~chool.s Communications transmission lmildi11gs...Llnd.s.!.ructures' e.g., radio tower. Duplexes. Group homes and hospices. Libraries. Nursing and convalescent homes. PrdJIic pat k:f, and I eC/ t;utiun fuc;ilitiesPuhlic and private schools... Puhlic Ho~ngAuthority offices and maintenance structures located on...existing PllhliLHausing Authority housing sites.... Public-utility .structUles Public parks and recreation facilities. Public-and private !tehools i!JJblic utility structures. Radio and television stations, provided that antenna is on site. Residential care facilities. Other uses compatible with the intent of this Chapter." 4. The intent of the proposed amendment is not to permit general office uses in the RS- 7 zone. Conclusions~ Based on the information provided in the Planning Department Staff Report for SMA 99-01 dated February 24, 1999, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: . 1. The following Comprehensive Plan Policies are most relevant to the proposed amendment: Land Use Element Policy C.l., Growth Management Element Policy A.1.d., Utilities and Public Services Element Policy B.3, and Housing Element Policies BA. and B.6 . . . Planning Commission Minutes Special Meeting of March 3, 1999 Page 11 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan including but not limited to Growth Management Element Policy AId, Utilities and Public Services Element Policy B3, Land Use Element Policy CI, and Housing Element Policies B4 and 6. 3. The amendment does not permit general office uses in the RS-7 zone. 4. The amendment promotes affordable housing in the community. 5. The amendment is in the public use and interest. The motion was seconded by Commissioner Craver and passed unanimously. ELECTIONS Chair Reed opened elections for the 1999 term. Commissioner King nominated Commissioner Craver as Chair. The motion was seconded by Commissioner Nutter. Commissioner King nominated Commissioner Hewins as Vice Chair. Commissioner Reed seconded the motion. Commissioner King moved to declare the elections closed and those appointed unanimously. Commissioner Hewins seconded. The vote was unanimous. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Planner Sawyer thanked Commissioner Reed for his excellent leadership as Chair for the 1998 term. The Commission concurred. REPORTS OF COMMISSION MEMBERS Commissioner Reed extended his profound apoligies for the oversight in not noting during the Rayonier Shoreline Substantial Development Permit public hearing that a possible Appearance of Fairness existed with his wife's past employment at Rayonier. He did not realize the conflict himself until asked to provide information by the City Attorney when the issue was raised by a member of the public. Staff and Commission members worked through possible dates when a new public hearing could be scheduled in order to redo the public hearing and decision making process. It was determined that April 14 would be a date when a quorum would be present. . . . PlaMing Commission Minutes Special Meeting of March 3. 1999 Page 12 ADJOURNMENT The meeting adjourned at 8:30 p.m. PREPARED BY: S. Roberds ~ g Secretary Dean Reed, Chair . . . PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND SIGN UP SHEET For the items listed on the Agenda of: '/Jb-t.e-i ,~19 2 9 Please read the following: If I testify, by signature below, I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. Signature Print Name Address Agenda J.....~ . 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