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HomeMy WebLinkAboutMinutes 03/14/1990 . AGENDA PORT DGBLBS PLAlDlIIIG COIOlISSIOII 321 Bast Fifth street \ Port Angeles, WA 98362 March 14, 1990 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: III. APPROVAL OF MINUTES: Meeting of February 28, 1990 IV. PUBLIC HEARINGS: 1. REZONE REQUEST - REZ 89(12)9 - CITY OF PORT ANGELES - between Oak and Cherry Streets: A proposal to rezone property presently designated M-2, Heavy Industrial, to CED, Central Business District. The property is located west of Oak Street, north of Front Street and east of extended Cherry street. (Continued from January 24, 1990). . 2. SHORELINE MANAGEMENT PERMIT SMA 90(03)108 DEPARTMENT OF NATURAL RESOURCES - 3.5 miles north of Ediz Hook: A request for a shoreline conditional use permit in order to establish an unconfined, open-water dredged material disposal site in the strait of Juan de Fuca approximately 3.5 miles north of Ediz Hook. 3. PARKING VARIANCE - PKV 90(02)1 - JOHN NELSON - 116 Railroad Avenue: A request to reduce the number of required parking spaces for a proposed antique mall located in the Central Business District (CBD) from 34 to 28. 4. ANNEXATION - ANX 88 (06) 1 - RICHARD SCHNEIDER - Tumwater Truck Route/Hiqhwav 101 West: A petition to annex approximately 23.21 acres of property located at the southern end of the Tumwater Truck Route into the City of Port Angeles. 5. REZONE REQUEST - REZ 90(02)01 - RICHARD SCHNEIDER - Tumwater Truck Route/Hiqhwav 101 West: A proposal to rezone approximately 23.21 acres from RS-9, Residential Single Family, to LI, Light Industrial. The property will be zoned RS-9 upon being annexed into the city of Port Angeles. (Applicant has requested continuation to April 11, 1990). . . . . V. COMMUNICATIONS FROM THE PUBLIC: VI. STAFF REPORTS: VIII. REPORTS OF COMMISSION MEMBERS: VIII. ADJOURNMENT: The Planning Commission will not commence a new hearing beyond 10 P.M. Any item not started prior to that time will automatically be continued to the next current planning meeting of the Commission, April 11, 1990 . PLANNING COMMISSION Port Angeles, Washington March 14, 1990 I CALL TO ORDER Chairman Cornell called the meeting to order at 7:02 P.M. II ROLL CALL Members Present: Larry Leonard, Jim Hulett, Jerry Cornell, Bob Philpott. Members Excused: Donna Davison, Jerry Glass, Ray Gruver. staff Present: Brad Collins, Grant Beck, Bruce Becker. III APPROVAL OF MINUTES Mr. Leonard moved to approve the minutes of the February 28, 1990, meeting of the Planning Commission, as corrected by Chairman Cornell. The motion was seconded by Mr. Hulett and carried unanimously. 4It IV PUBLIC HEARINGS REZONE REQUEST - REZ-89(12)9 - CITY OF PORT ANGELES: A proposal to rezone property presently designated M-2, Heavy Industrial, to CBD, Central Bus ines s District. The property is located west of Oak Street, north of Front street, and east of extended Cherry street. (Continued from January 24. 1990.) Chairman Cornell opened the public hearing and Mr. Collins reviewed the Planning Department report and synopsized the items found in the Planning Commission packet. The Planning Commission discussed the second option (with- drawing the matter) and appropriate rezone boundaries if the proposal were approved. Ken Sweeney, Port of Port Angeles, P. o. Box 1350, stated the Port amended its Comprehensive Plan to allow commercial and ~--l.ight. -'industrial-uses-at- .Oak -street .'.and commercial fishing piers along the waterfront. Provided that the caD Zoning District allows moorage, the Port has no objection to having the CBD zoning line north of the waterfront. . The Planning Commission questioned Mr. Sweeney about the light industrial uses of the property, the location of the Inner Harbor Line, and the north boundary line of the proposed CBD Zone. Mr. Sweeney stated that the Port foresees commercial uses of the property and therefore has no objection to the CED Zone, although the rezone does not encourage light industrial uses. He further stated that the Port will be meeting with PLANNING COMMISSION March 14, 1990 Page 2 . the City to begin the process of moving the Inner Harbor Line and may follow the Economic Development Council Committee's recommendation. Jim Haguewood, 705 Christman Place, representing the Port Angeles Downtown Association, stated that the Downtown Association feels this property should be zoned CBD. The Downtown is the living room of the community and contributes greatly to the health of the community. The Downtown Association also feels there should be public access to the water at this location. Randy Hansen, 672 Reservoir Road, representing the Inter- national Longshoremen's Union, stated that the Union is opposed to the rezone as state law provides for water- dependent commerce in this area. The Downtown has available vacant land, while the Port does not. The City should not consider a rezone of the property until the Harbor Line Commission takes action to move the Inner Harbor Line. . The Commission asked Mr. Hansen if the Inner Harbor Line were moved, would the Union's feelings change, and whether Mike Caso was representing the Union when he signed the agreement with the Economic Development Council Committee. Mr. Hansen stated that his feelings would not change and that Mr. Caso signed the agreement in absence of a better solution. Ed Tuttle, 202 Ahlvers Road, representing Port Watch, stated that Port Angeles needs motel rooms, but not on publicly owned land. He stated that the Department of Ecology has indicated in a past project in Port Townsend that over-water construc- tion of a residential hotel unit is not legal. He stated that Port Watch is preparing a lawsuit which will be filed if the rezone is approved. There should be no permanent structures placed on this property, in order to maintain future options. Dan Miller, 228 West First street, referenced letters from the Port Angeles Downtown Association, the Tourist and Convention Association of Clallam County, the Chamber of Commerce, and a petition of Downtown owners, all in favor of the rezone to CBD. Mr. Miller stated that it doesn't make sense to ship lumber out of Port Angeles any more, as there are fewer and fewer logs, yet there are more and more people who could visit the Peninsula. Erl Hansen, 121 East Railroad, representing the Port Angeles Chamber of Commerce, stated that the Chamber supports moving the Harbor Line and the CBD rezone. This area has not always been industrial but has been used for commercial purposes in the past. . Don Rudolph, 1013 East Third Street, stated that the Downtown should be bettered and that a hotel would further the aesthetic and economic health of the Downtown. PLANNING COMMISSION March 14, 1990 Page 3 . Tom Jacobson, P. O. Box 40, Port Angeles, stated that he is against the rezone because the Port has only 18.5 acres of land, including the Oak Street property. The industrial docks are the only money-maker for the Port, as the Boat Haven, the John Wayne Marina and other recreational areas do not support themselves. Three hundred ships per year contribute to 9,000 people coming into the City of Port Angeles at this time. Mr. Jacobson stated that Downtown streets are the industrial traffic route of the peninsula and that cruise ships could be docked at a multi-modal facility at this location. The Planning Commission asked Mr. Jacobson how he perceives the Port making money on the industrial property and asked him to comment on the fact that the change in zoning is supported by the Port. Mr. Jacobson said the ships using the facility pay docking fees and that only two Port Commissioners voted for the commercial/light industrial aspect of Oak Street. Bruce Hall, 228 West First street, stated that his primary concern is to see jobs created in the Port Angeles area. If the timber products industry were healthy, he would not be testifying in favor of a rezone of the Oak street property to CBD. However, the timber industry is declining and tourism increasing, and therefore, he supports the rezone. . Pat Downie, 331 East 11th street, stated that he supports the rezone to Central Business District. The Port has made a decision to use the property at its highest and best use, as commercial. The Port subsidizes everybody locating on Port property, not just those commercial uses which locate on Port property. There are buildings vacant Downtown because there is a lack of diversity and a lack of aesthetics in the Down- town area. The Planning commission questioned Mr. Downie as to whether private interests would place a motel unit next to industrial uses. Mr. Downie stated that the Planning commission should not say it is not appropriate, as that would be a private business decision. In his opinion, a motel would make an excellent buffer between the commercial and industrial uses in the Downtown. John Nelson, 1103 Grant Avenue, stated that he would like to see the west end of the Downtown area be a motel/hotel unit. Shiloh is" located along the oregon coast and has done an excellent job of attracting tourists in these areas. Chairman Cornell adjourned the meeting for a 5-10 minute break at 8:25 P.M. The meeting was re-convened at 8:33 P.M. . Tim Haley, 113 South Valley street, stated that he is a member of the Port Angeles Downtown Association and sat on the Economic Development Council Committee reviewing the Oak street property. This area has been studied to death, but the same conclusion has always been reached, which is using the property for some type of transitional commercial use. Mr. PLANNING COMMISSION March 14, 1990 Page 4 . Haley reviewed several documents prepared by planners and architects, giving the history of downtown areas in the United states and how the Port Angeles Downtown would better fit these definitions if a large-scale anchor were located on the west end. The Planning Commission asked if Mr. Haley experiences adverse impacts from industrial areas in his office in the Downtown area and if noise could be mitigated. Mr. Haley stated that there are problems, but only from a temporary chipper, which could be mitigated if a permanent chipper structure were built; and that building design can accommodate noise buffers. Craig Whalley, 1000 Mt. Pleasant Road, stated that he is a member of the Port Advisory Committee and the owner of the Odyssey Book Store in Downtown Port Angeles. He said that his business would benefit from a rezone; however, he would like to see a public park at the Oak street property. An opinion survey prepared by Carolyn Browne Associates for the Port of Port Angeles indicated that the majority of people in Clallam County would like to see this area used as a public recreational facility and that the property should be zoned to encourage this type of use. . Kent Osterberg, 706 South "H" Street, stated that he is opposed to the rezone, as commercial would not be the best use of the property. The TAMS study, prepared for the Port at a cost of $80,000 approximately three years ago, states that more log handling facilities are needed and identifies the Oak Street area as being developed for a multi-modal cargo- handling facility. Carl Alexander, 1712 West Fifth street, stated he is opposed to the rezone to Central Business District as Port Angeles Harbor is the first deep-water harbor in the strait and the only such harbor in the Port Angeles Port District and any erosion of the industrial land use in the area would not be the best use of this facility. Heather Hansen, 672 Reservoir Road, stated she is opposed to the rezone and that no action should be taken by the City on any rezone of the property until the Department of Natural Resources acts on the Harbor Line revision. The Port of Port Angeles rushed to its decision wi thout waiting for other . -agencies"with" j urisdi'ction" '"to' make ..the"ir "feelings known. . There being no one else wishing to speak, Chairman Cornell stated that the Planning Commission would now hear rebuttal testimony, limited to five minutes from each person, and to statements supporting previous statements or refuting other statements made. Bruce Hill, 228 West First street, stated that the TAMS study had been prepared three years ago and that many, many things had changed since that time. Therefore, the study should not be used as the controlling document in this situation. PLANNING COMMISSION March 14, 1990 Page 5 . Ed Tuttle, 202 Ahlvers Road, stated that Union Wharf in Port Townsend was approved through a special consideration as a historical building, which would not be the case for any hotel built in Port Angeles. Tim Haley, 113 South Valley Street, stated that more business is located Downtown than ever before in the malls. Downtown becomes a huge mall when anchors are in place. The DNR has stated that the Harbor Line will be moved. Pat Downie, 331 East 11th street, stated that the Harbor Line Commission will not act until the City takes action on a rezone. Union Wharf was supported by the city of Port Townsend in order to stimulate the Downtown area. Don Rudolph, 1013 East Third street, wondered what would happen to the Downtown area if the proposal is denied. Tom Jacobson, P. O. Box 40, Port Angeles, stated that Mr. Downie does not grasp the laws that deal with waterfront development. Mr. Haley does not know who makes decisions regarding harbor line adjustments. Port Angeles cannot be compared with Seaside, Oregon, or Victoria, B.C. . Dan Miller, 228 West First Street, stated that letters from commercial businesses do not just represent the Downtown business owners, but also business owners throughout the city. He further stated that noise is not a problem in Armory Square. John Nelson, 1103 Grant Avenue, asked if commercial develop- ment would prohibit public access or other such uses in the waterfront area. Heather Hansen, 672 Reservoir Road, stated that Downtown Port Townsend does not have any industrial areas and therefore cannot be compared with Port Angeles. She further asked how Central Business District can be a buffer for Central Business District. Kent Osterberg, 706 South "H" street, stated that the Peninsula is not running out of timber, which is a renewable resource. There being no further public testimony, Chairman Cornell closed the public hearing at 9:58 P.M. . Mr. Leonard moved to suspend the 10 : 00 P . M. rule hearings in order to get through at least items 2 and agenda. Mr. Hulett seconded the motion, which unanimously. for new 3 on the carried PLANNING COMMISSION March 14, 1990 Page 6 . Mr. Leonard moved to continue item 4, Annexation Request, ANX- 88(06), and item 5, Rezone Request, REZ-90(02)Ol, to April 11, 1990, at 7:00 P.M. in the City council Chambers. Mr. Philpott seconded the motion, which carried unanimously. The Planning Commission asked Mr. Sweeney, representing the Port, how much capacity the Port has for log handling at this time, and whether it is adequate for the future and if the Port could expand without the Oak street property. Mr. Sweeney responded that in 1989, "1.6. million short tons were shipped through Port Angeles Harbor, which has an ultimate capacity of two million short tons. Mr. Sweeney also stated that the Port's Comprehensive Plan indicates facilities are adequate, except for the need for a multi-modal general cargo facility. Three sites have been identified for this facility, one of which is located west of the Oak street site. This site is dependent upon K-Ply going out of business in order to be used. . Mr. Leonard moved to approve the rezone from M-2, Heavy Industrial, to CBD, Central Business District , with boundaries from Oak street to the east side of extended Cherry street and north to the extension of the existing CBD in the Harbor area, citing the following findings and conclusions: Findings: 1. The zoning purpose of the Central Business District is to strengthen and preserve the Downtown and to increase public enjoyment of the shoreline. 2. The H-2 Industrial District is intended for areas where heavy industry could develop causing the least friction with other land uses. 3. Twenty-four (24) Comprehensive Plan policy statements and forty-four (44) Shoreline Master Program policy/regulation statements pertain to this proposed rezone. 4. A policy of the Port Angeles Comprehensive Plan states that industrial uses in the historic Downtown waterfront, approximately Ii blocks either side of Laurel Street, should be phased out. - 5 ;-.-- A -poli.cy-of.-the~'port--~geles.-'Comprehensive Plan states that commercial development in Historical Downtown should re-emphasize its waterfront location. . 6. A policy of the Port Angeles Comprehensive Plan states that the city should provide areas adjacent to the Harbor for heavy manufacturing operations requiring water for some facet of their operation. 7. A policy of the Port Angeles Comprehensive Plan states that industrial uses involving nuisance and hazardous attributes such as noise, particulate matter, water, . PLANNING COMMISSION March 14, 1990 Page 7 visual and odoriferous pollution should be encouraged to minimize the impact on adjacent uses and users. 8. A policy of the Port Angeles Comprehensive Plan states that development should capitalize on the scenic views and enhance the natural beauty of the community. 9. A policy of the Port Angeles Comprehensive Plan states that it is an economic objective to diversify the economic base of the community by developing new activities and expanding existing enterprises, thereby making the community relatively less dependent upon the forest products industries. 10. A policy of the Port Angeles Comprehensive Plan states that it is a land use objective to group together similar and functionally related land uses and to prevent land use conflict resulting from the unplanned intermingling of incompatible uses. . 11. A policy of the Port Angeles Shoreline Master Program states that the location and design of industries, transportation facilities, port facilities, tourist facilities, and other developments shall receive favorable consideration when such developments are particularly dependent on their location on, or use of, the shoreline. 12. A regulation of the Port Angeles Shoreline Master Program states that emphasis shall be given particularly to water-dependent industrial and commercial uses requiring frontage on navigable waters. 13. A regulation of the Port Angeles Shoreline master Program states that priority shall be given to planning for public visual and physical access to water in the Urban Environment. 14. A regulation of the Port Angeles Shoreline Master Program states that to ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities, and, where practical, access points shall be linked to non-motorized trans- portation routes. . 15. A regulation of the Port Angeles Shoreline Master Program states that favorable consideration shall be given only to those developments which are particularly dependent on their location and/or use of the shorelines and to other developments that will provide an opportunity for substantial numbers of people to enjoy the shorelines. 16. A regulation of the Port Angeles Shoreline Master Program states that new commercial development shall be encouraged to locate in those areas where current commercial uses exist. PLANNING COMMISSION March 14, 1990 Page 8 . 17. A regulation of the Port Angeles Shoreline Master Program states that commercial significant significant assessments shall be made of the effect a structure will have on a scenic view to a given area or to an area enjoyed by a number of people. 18. A regulation 'Of the Port Angeles Shoreline Master Program states that port facilities should be designed to permit viewing Harbor areas from viewpoints, waterfront restaurants, and similar public facilities which would not interfere with port operations or endanger public health and safety. 19. 20. 2l. 22. . 23. The eastern 165-foot portion of the site is paved and used now for parking and previously for a grocery store. The westerly portion of the site is unpaved and used on an interim basis as a long storage area. On the north side of the site is Port Angeles Harbor, including the Port. s Terminal #4, a commercial fish pier. The COHO Ferry Terminal, city pier, and a variety of retail and hospitality businesses are located to the east, along Railroad Avenue. Further to the east and south beyond Oak and Front streets, is the historic Downtown Central Business District. 24. To the west of the rezone area is the K-Ply Mill operation and the City's Pump station #4. 25. Except for the pier, there are no structures on-site. 26. The Comprehensive Plan Map on page 23 shows the subject property to be CBD commercial, while the map on page 24 shows the proposed area to be heavy industrial, and the illustrative Comprehensive Plan Land Use Map on page 28 shows commercial and industrial uses merging on this site. 27. The Port Angeles Shoreline master program encompasses - --over'"1.0"miles .of-shoreline-on"the- Strait of Juan de Fuca, including Port Angeles Harbor, with approximately 7 miles of the shoreline used for industrial uses and 1/4 mile zoned for commercial uses. 28. The proposed rezone area would subtract about 470 feet (less than .1 mile) from the approximately 37,475 feet of industrial shoreline (a decrease of 1%), and add to the approximately 1,425 feet of commercial shoreline (an increase of 33%). . . PLANNING COMMISSION March 14, 1990 Page 9 29. There have been numerous recent proposals for use of the subject property, including a hotel/motel facility, a marina, a convention center, a ferry terminal, expansion of the K-Ply Mill, an oil spill Clean-up operation, and utility facilities. 30. In the Port Angeles Harbor Resource Management Plan, the proposed rezone area is located in Sub-Area 2, which contains the CBD-zoned waterfront. 31. Two of the recommended actions from the Harbor Plan are to develop a commercial/light industrial mixed use area between Oak and Cherry streets and to construct a special purpose moorage facility in the Downtown area for vessels, such as tourist ships. Conclusions: A. A rezone of the subject area to CBD would strengthen and preserve the historic Downtown and would increase public enjoyment of the shoreline, as well as serve regional transportation markets and tourism. B. The proposed rezone area is sensitive to friction with other land uses and, therefore, less suited for M-2 users. . C. The transition between heavy industrial activities and pedestrian/tourist-oriented commercial activities serving public access to the waterfront is quite abrupt, even hazardous, and could be better planned and developed with transitional uses permitted in the CBD than M-2 zone. D. The Port Angeles Comprehensive Plan and Shoreline Master Program policies and regulations support a rezone of the subject area to Central Business District. E. The Port Angeles Comprehensive Plan would be implemented by this rezone to CBO from M-2, and industrial uses, two blocks west of Laurel street, could be phased out, re- emphasizing the waterfront location of Historic Downtown. F. The city does provide much of the area adjacent to the Harbor for heavy manufacturing operations requiring water . -, -,- - -for- some-facet of "their -operation. G. The interim log storage industrial use of a portion of the site involves nuisance and hazardous attributes such as noise, particulate matter, water, visual, and odoriferous pollution, which are difficult to minimize the impact on adjacent uses and users. . H. Developments for CBD uses of this site could capitalize on the scenic views and enhance the natural beauty of the community better than for M-2 uses. . PLANNING COMMISSION March 14, 1990 Page 10 I. The rezone to CBD would help to diversify the economic base of the community by developing new activities and expanding existing enterprises, thereby making the community relatively less dependent upon the forest products industries. J. The development of CBD uses on the site would group together similar and functionally-related land uses in the adjacent caD area and would offer an opportunity to prevent land use conflict resulting from the interim log storage use and Downtown waterfront activities that have resulted from the unplanned intermingling of incompatible uses. K. Planning for public visual and physical access to water can be better accomplished for commercial, particularly pedestrian/tourist-oriented activities, than industrial uses. L. Other developments that will provide an opportunity for substantial numbers of people to enjoy the shorelines can be better accommodated by CBD than M-2. M. New commercial development would be encouraged by the rezone to locate in the Historic Downtown waterfront where current commercial uses exist. . N. Less environmental assessment is made of the effect an industrial structure will have on a scenic view significant to a given area or to an area enjoyed by a significant number of people than for a commercial structure. O. Port facilities can be more easily designed to permit viewing Harbor areas from viewpoints, waterfront restaurants, and similar public facilities which would not interfere with port operations or endanger public health and safety for commercial rather than industrial uses. P. Portions of the site have been used previously for commercial uses and could be restored to preserve the historic Downtown waterfront area with greater prominence in the community. Q. The interim use of the proposed rezone area as a long storage area has shifted nuisance and hazardous conditions too close to the main Downtown, making the properties immediately south and east of the site less attractive and resulting in less commercial interest in their use. . R. New commercial development on the subject site is much more compatible with the COHO Ferry Terminal, city Pier, and a variety of retail and hospitality businesses located to the east, along Railroad Avenue, as well as . v_ . w_ PLANNING COMMISSION March 14, 1990 Page 11 the Historic Downtown Central Business District located further to the east and south beyond Oak and Front streets, than new industrial development. s. To the west of the rezone area, the X-Ply Mill operation and the city's Pump station #4 are long-term industrial uses, which are ensured west of Cherry street. T. Except for the pier, there are no structures on-site, which makes it easy to develop and more attractive for projects now. u. The Comprehensive Plan Maps on pages 23, 24, and 28 show commercial and industrial uses merging on this site, and new uses that can provide the best transition between the K-Ply Mill and the Downtown waterfront should be permitted. With the rezone, the City's industrial-zoned shoreline (68%) would be little affected by the 1% loss of an area only used on 'a temporary basis; and the commercial-zoned shoreline (less than 3%) would be significantly increased by a third, adding about 470 feet to the existing 1,425 feet of commercial shoreline. There have been several substantial commercial proposals for use of the subject property, despite the industrial zoning of the property. x. The Port Angeles Harbor Resource Management Plan would be implemented by the proposed rezone areas. Mr. Philpott seconded the motion. The Planning Commission discussed the need for a good commer- cial development in the Downtown area, especially on Oak street, which is not being used for heavy industrial purposes but as a temporary light industrial use. There was some discussion regarding zoning the area as Public Buildings and Parks in order to ensure the development of a public recrea- tion facility at Oak street. On call for the question, the motion carried 3 - 1, with Chairman Cornell voting "Non I stating that the property should ~ 'be encburaged -to -develop 'into .a 'PUblic -recreation facility I for the following reasons: (1) Respond to public priorities; (2) Provide a buffer between M-2 and CBD uses; (3) Maintain future development opportunities for water-dependent uses; (4) Accommodate future opportunities for public facilities; and (5) Anchor the west end of the caD waterfront like the City pier on the east end. . Chairman Cornell adjourned the meeting for a 5-minute break at 10:57 P.M. The meeting re-convened at 11:03 P.M. . PLANNING COMMISSION March 14, 1990 Page 12 SHORELINE MANAGEMENT PERMIT - SMA-90(03) 108 - DEPARTMENT OF NATURAL RESOURCES: A request for a Shoreline Conditional Use Permit in order to establish an unconfined, open-water, dredged material disposal site in the Strait of Juan de Fuca, approximately 3.5 miles north of Ediz Hook. Chairman Cornell opened the public hearing. Mr. Beck pre- sented the Department Report, outlining the dredge disposal process, and stating that the use is unclassified by the Port Angeles Shoreline Master Program and therefore could be approved as a conditional use. Planning staff recommended approval of the Shoreline Permit with two conditions, twelve findings, and three conclusions. . Eric Huart, Mail stop QW-21, Olympia, representing the Department of Natural Resources, gave background information on the Puget Sound Dredge Disposal Analysis process and specific information regarding dredge disposal projects. Mr. Huart stated that the Department concurred with the Planning Department's report and the proposed conditions. Mr. Huart indicated that Betsy striplin from the Department of Natural Resources was available to answer specific questions regarding testing procedures. The Planning Commission had questions of the DNR representa- tives regarding the dispersive nature of the site and where the material would come from. Mr. Huart stated that even though the site is dispersive and no mounding would occur, it is important to know where the barges are stopping in order to keep them away I from sensitive biological areas and vessel traffic areas. Mr. Huart also stated that the material would most likely come from the Port Angeles area, as it would be uneconomical to haul dredged material over great distances. Ken Sweeney, Port of Port Angeles, P. O. Box 1350, stated that the Port strongly supports the DNR dredge disposal site. Mr. Sweeney has followed the puget Sound Dredge Disposal Analysis process from its inception and has been impressed with the siting criteria which will ensure high environmental quality for all dredged material. Carl Alexander, 1712 West Fifth Street, expressed concern that some.. dredgers .would -Che'at"'on--the'''t'esting and would dump unclean material. Betsy striplin explained monitoring procedures and compliance inspections. The Planning commission discussed testing procedures. . Mr. Collins stated that the point-No-point Treaty council had indicated to the Planning Department that they should be notified prior to dredge disposal events in order to ensure no incompatibility with Tribal interests. The Department of Natural Resources has indicated that they will work with the . PLANNING COMMISSION March 14, 1990 Page 13 Tribes to provide advance notification. Chairman Cornell closed the pUblic;hearing. I Mr. Philpott moved to recommend approval of the Shoreline Conditional Use Permit, subject to the following conditions, and citing the following findings and conclusions: Conditions: A. The washington state Department of Natural Resources shall annually provide to the Port Angeles Planning Department the following information: (1) The dates and times of all disposal events at the site; (2) A copy of the test data of the dredged material, including an interpretation of the data; (3) A description of the physical properties of the dredged material; (4) A description of the site from which the material was dredged; and . (5) The name of the dredging contractor and the tug captain. B. The Washington state Department of Natural Resources shall, within ten (10) days of an event, notify the City of Port Angeles Planning Department of any violations of the Department of Natural Resources Dredged Material Disposal Requirements. Findings: 1. The proposed dredged material disposal site is located in an Urban Shoreline Environment and has been reviewed for consistency with the following chapters of the Port Angeles Shoreline Master Program: The Urban Environment Purpose, General Regulations and Land Use Elements. 2. The proposed dredged material disposal site is located within a shoreline of statewide significance and has been . - -----reviewed -for consi"stency -with-the "criteria for develop- ment in these areas as found in the Port Angeles Shore- line Master Program and the Shoreline Management Act. . 3 . The potential environmental impacts of the proposed dredged material disposal site have been reviewed through an Environmental Impact Statement prepared by the Wash- ington State Department of Natural Resources and the United States Army Corps of Engineers. The final Environmental Impact statement has been adopted by the city of Port Angeles, pursuant to WAC 197-11-600. . PLANNING COMMISSION March 14, 1990 Page 14 4. Public notice has been given, as required by the Shore- line Management Act, Chapter 90.58 RCW, and the Port Angeles Shoreline Master Program, Chapter 15.08 PANC. 5. The proposal is for a dispersive, unconfined, open-water dredged material disposal site to be located approxi- mately 3.5 miles north of Ediz Hook, at Latitude 480 11.68', Longitude 1230 24.86'. 6. The proposed dredged material disposal site would accommodate an anticipated volume of 285,000 cubic yards by the year 2000. 7. The proposed dredged material disposal site would be approximately 884 acres in area and have an average depth of 435 feet. 8. The proposed dredged material disposal site is required to comply with the Management Plan for unconfined open- water disposal prepared by the Washington state Depart- ment of Natural Resources and United states Army Corps of Engineers. . 9. Dredged material disposal sites are a use activity which is unclassified by the Port Angeles Shoreline Master Program and, therefore, must meet the conditional use criteria as found in WAC 173-14-140. 10. The Puget Sound Dredged Disposal Analysis Management Plan Report, Unconfined, Open-Water Disposal of Dredged Material, was prepared through a cooperative effort between the Washington State Departments of Natural Resources and Ecology, the United States Army Corps of Engineers and the Environmental Protection Agency. 11. All dredged material to be disposed at the proposed site must first meet criteria established by the Department of Natural Resources and Army Corps of Engineers for dispersive, unconfined, open-water disposal. 12. Dredging, including dredged material disposal, must comply with permitting requirements of the Army Corps of Engineers (Section 404 and Section 10 Permits), the Department of Natural Resources (dredged material - -dispcrsal-permit) ,. the 'Department .0f"Ecology (Section 404 water quality certification), and the Departments of Fisheries and wildlife (hydraulics project approval). Conclusions: . A. The proposal is consistent with the purpose and policies of the Urban Shoreline Environment designation of the Port Angeles Shoreline Master Program. . PLANNING COMMISSION March 14, 1990 Page 15 B. The proposal is consistent with the review criteria for an unclassified use as found in WAC 173-14-140(1) and (2) . C. The proposal is consistent with the standards for development within a shoreline of statewide significance. .. Mr. Hulett seconded the motion, which carried unanimously. PARKING VARIANCE - PKV-90 (02) 1 - JOHN NELSON: A request to reduce the number of required parking spaces for a proposed antique mall located in the Central Business District (CBD) from 34 to 28. Location: 116 East Railroad Avenue. Chairman Cornell opened the public hearing. Mr. Beck pre- sented the Department Report, recommending denial of the parking variance. As part of the review of the variance application, staff used the three criteria normally reviewed as part of any variance application and had determined that, as the property was located in the PBIA, there was no reason the required parking could not be provided. . The Planning Commission discussed whether the variance criteria should be used for parking variances. John Nelson, 1103 Grant Avenue, stated that the antique mall situation is similar to Armory Square, in that there are many common promenade areas. There are four employees of the mall and customers who would need parking, although most of the customers would be people from the ferry lines and tourists. Mr. Nelson would rather not pay $3,600 to the PBIA to acquire the required parking. Dan Miller, 228 West First street, supported approval of the variance application and stated that as developer of Armory Square he had obtained a similar variance from the Planning Commission and City Council. Recent discussions between the Port Angeles Downtown Association and City staff indicated that the Parking Code could be revised in the future to better address situations such as changes of use in the Downtown area. Chairman Cornell closed the public hearing. Mr. Philpott moved to approve the parking variance applica- tion, citing the following findings and conclusions: Findings: . L Public notice of public hearing has been given, pursuant to the Port Angeles Zoning Code. 2. The Port Angeles Off-street Parking Code (Chapter 14.40 PAMC) requires a minimum of 34 off-street parking spaces . . . PLANNING COMMISSION March 14, 1990 Page 16 for the proposal to use the main floor of the building located at 116 West Railroad Avenue as an antique mall. 3. The applicant has requested a reduction in the required number of parking spaces by 6, to 28 total spaces. 4. The property is located within the Central Business District (CBD) zone, which requires all off-street parking comply with the Off-Street Parking Code, Chapter 14.40 PAMe. 5. The property is located within the boundaries of the Parking and Business Improvement Area (PBIA). 6. The mall will have wide promenade areas. Conclusions: A. No agency reviewing the proposal identified any adverse impact to the public welfare or that the variance would be injurious to private property or improvements. B. The antique mall would use less parking than referred to in the Parking Code. C. CUstomers would be more likely to be pedestrian-oriented. Mr. Leonard seconded the motion, and stated that he does not feel the three criteria for the granting of a variance should be used for parking variances. The motion carried unanimously. The Planning commission requested staff place this discussion on the agenda for t~e long-range meeting. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Mr. Collins stated that there are two information items in the Planning Commission packet: Minutes of the Administrative Hearing, and a copy of the Legislative Bulletin from the -" Asemcia:t"ionof Washington 'cities;" ~ that the City Council had scheduled a public hearing to reconsider the approval of Scott Hopper's retail stand permit for March 20, 1990; and that several Councilmembers would be at the next long-range meeting in order to review long-range planning goals of the city. VII REPORTS OF COMMISSIONERS Mr. Philpott stated that the city of Port Angeles has, in the past, chased business away for a variety of reasons, including the Parking Ordinance. The city should look at things from a common-sense approach. . . .".- ... .. PLANNING COMMISSION March 14, 1990 Page 17 Mr. Leonard stated that Mr. Nelson had been pursuing the antique mall since last June and that he has been hindered by the city, including the Building Division. VIII ADJOURNMENT There being no further items, Chairman Cornell adjourned the meeting at 12:27 A.M. ~ PLAN. 286 ..-- . . . . CITY of PORT ANGELES ATTENDANCE ROSTER ~L.., NtU~() NAME: TYPE OF 1-1EETING PLANNING COMMISSION om: OF MEETING 'b!' 4 /'1-0 LOC'ATIOO CITY HALL ADDRESS: D~ ;/,11- . . . CITY of PORT ANGELES ATTENDANCE ROSTER .bL.t1 NN\ ~G 'lYPE OF NErrrNG DAlE OF 11EETING lOCATICN PLANNING COMMISSION CITY HALL ADDRESS: NAME: ltml cJ( I) u..\N \ Co A(juLtJ1 T6ff'IAJ ~J~ )~\ e. ((111 f}r 2 zJ U er""- I [/- /~~~ 4/~o; ~,q" J ~~ ~