HomeMy WebLinkAboutMinutes 04/22/1998
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HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE.
AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
321 East Fifth Street
Port Angeles, WA 98362
April 22, 1998
7:00 p.m.
I. CALL TO ORDER
H. ROLL CALL
HI. APPROVAL OF MINUTES: Meeting of March 11, 1998
IV.
CONTINUED PUBLIC MEETING:
REZONE APPI~lC.ATIOK=.RE~SIEERMII,~th
S.tr.eeLhelw...e.enl-incolILand..LaureLS.tre_et Request for rezone of four lots
zoned RS-7, Residential Single Family, to CSD, Community Shopping
District. (Continued from March 11, 1998.) (To be continued)
PUBLIC HEARINGS:
1. COMfREHENSIY...E PLAN AMEM1MENT - CPA 9.&01 - LaRue,-.W.est
8.th.Blr.e.eLb.enY.e.e~G~d "H" StI'e.ets: Request for redesignation of
property currently designated LDR, Low Density Residential, to HDR, High
Density Residential.
2. MUNlCIP AL COD.E.AMENDMENT - MCA..2.8.=.o2~RI...O..E.ro.RT
A.NGELES,.shoreline_aLeahetw.e_eD-Ce.daLand~Uey- Street&: Amendment
to Chapter 18.02 of the Port Angeles Municipal Code to amend the City's
Shoreline Master Program and Map such that a property currently designated
as Aquatic Harbor will be redesignated for a property currently designated
Urban Harbor and vice versa in association with a previously approved
shoreline permit at that location.
3.
MU~CI~AL CODE.AME!IDMENI....=MCA.9.8.=0l - CITY HE_eUn
ANGELES, City wide~ A proposal to amend Chapter 15 (Environment) of
the Port Angeles Municipal Code to process shoreline substantial
development permits administratively.
PLANNING COMMISSION: Dean Reed. (Chair). Mary Craver (Vice), Bob King, Cindy Souders. Linda Nntter. Fred Hewin.. Paul Ziakin.
ST AFF: Brad Collins, Director, Sue Roberds Planning Specialist. Da\'id Sawyer. Scnior Planner.
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MUM...CllAL_C.o.DJ: AMENDMMT - MeA 9.8d)2...=-_CITYOEJ~ORT
AN.GELES~Cit}'_wide~. A proposal to amend Section 15 (Environment) of
the Port Angeles Municipal Code such that the time period for submittal of
judicial appeals is extended from 15 days to 21 days.
V.
COMMUNICATIONS FROM THE PUBLIC
VI.
STAFF REPORTS
VII.
REPORTS OF COMMISSION MEMBERS
VIII.
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 rime (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 Chair 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 Chair.
PLANNING COMMISSION: Dean Reed (Chair), Mal)' Craver (Vice), Bob King, Cindy Souders, Linda Nutter, Fred Hewins, Paul Ziakin
STAFF: Brad Collins (Director), Sue Roberds (planning Specialist), David Sawyer (Senior Planner)
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
April 22l 1998
7:00 p.m.
ROLL CALL
Members Present:
Linda Nutter, Fredric Hewins, Dean Reed, Mary
Craver, Bob King, Paul Ziakin
Member Absent:
Cindy Souders
Staff Present:
Brad Collins, Sue Roberds
Public Present:
Kenneth Sweeney, Theresa Schmid, Kathleen Bailey
APPROVAL OF MINUTES
Commissioner Nutter moved to approve the March l1l 1998, meeting as submitted.
The motion was seconded by Commissioner King and passed 3 - 0 with Commissioners
Craver, Hewins, and Ziakin abstaining.
CONTINUED PUBLIC MEETING
REZONE APPLICATION - REZ 98-03 - NORTHWEST PERMIT. Ninth
Street between Lincoln and Laurel Street: Request for rezone offour lots zoned RS-
7, Residential Single Family, to CSD, Community Shopping District. (Continued
from March 11, 1998.)
Planning Specialist Sue Roberds reviewed staff's memorandum updating the Planning
Commissioners on this agenda item. As the required traffic study has not been submitted,
staff recommended that the issue be continued one additional time to the June 10, 1998,
meeting, as requested by the applicants. Staff has been working with the neighborhood group
providing updates on the application process and has been in contact with the applicants
regarding progress of the traffic study. The study is due by April 30th.
Commissioner King moved to postpone the continued meeting to June 10, 1998, 7 p.m.
The motion was seconded by Commissioner Craver.
Commissioner Nutter would not be voting for the continuation because she believes it is
unfair to the public who have been waiting for the meeting since March, She favored the
applicant's withdrawal of the application until the traffic study is prepared.
The motion passed 4-1 with Commissioner Nutter voting in the negative and
Commissioner Ziakin abstaining.
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Planning Commission Minutes
April 22. 1998
Page 2
PUBLIC HEARINGS
COMPREHENSIVE PLAN AMENDMENT - CPA 98-01- LaRue. West
8th Street between UGH and UH" Streets: Request for redesignation of
property currently designated LOR, Low Density Residential, to HDR, High
Density Residential.
Chair Reed opened the public hearing. Planning Director Collins reviewed the Planning
Department's memorandum recommending continuation of this application. The applicant
is in favor of the request for continuation of the item.
As there was no one to speak to the issue, Commissioner Nutter moved to continue the
public hearing to May 13, 1998. The motion was seconded by Commissioner Hewins
and passed 6 - o.
MUNICIPAL CODE AMENDMENT - MCA 98-02 - PORT OF PORT
ANGELES. shoreline area between Cedar and Valley Streets: Amendment
to Chapter 18.02 of the Port Angeles Municipal Code to amend the City's
Shoreline Master Program and Map such that a property currently designated
as Aquatic Harbor will be redesignated for a property currently designated
Urban Harbor and vice versa in association with a previously approved
shoreline permit at that location.
Chair Reed opened the public hearing. Planning Director Collins reviewed the Planning
Department's report recommending approval of the amendment as proposed. He responded
to Commissioner Reed that the proposed amendment is a condition of approval of a shoreline
permit approved for the Port of Port Angeles in 1997.
Kenneth Sweeney, Port of Port Angeles Environmental Manager, 338 W First Street,
agreed with the staff's recommendation. As a member of the City's Shoreline Management
Advisory Committee, he helped to identifY and map areas of the shoreline depending on their
characteristics. The two areas under discussion were designated as they now exist due to
their topographical characteristics at that time which have been significantly altered. The
most westerly area was filled and is now dry land, and the area to the east was excavated to
create an aquatic environment as the City's new estuary. Thus, the proposed designations
will identify and allow existing uses to continue.
There being no further testimony, Chair Reed closed the public hearing.
Commissioner Nutter moved to recommend approval of the proposed Municipal Code
amendment with the following findings and conclusions:
Findings:
Based on the information provided in the April 22, 1998, Staff Report for MeA 98-02
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Planning Commission Minutes
April 22, 1998
Page 3
(including all of its attachments), comments and information presented during the public
hearing, and the Planning Commission1s discussion and deliberation, the City of Port Angeles
Planning Commission hereby finds that:
Findings:
1. The applicant, the Port of Port Angeles, applied for amendment to the City's Shoreline
Master Program on March 30, 1998. The application was determined to be complete
on April 10, 1998.
2. A Determination of Non-Significance was issued on June 11, 1991, by the Port of Port
Angeles SEPA Responsible Official and was adopted for the proposal on March 31,
1998. An EIS for the Shoreline Master Program was issued on September 1, 1994, by
the City of Port Angeles SEP A Responsible Official and was adopted for the proposal
on April 2, 1998.
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 Environmental Sensitive Areas Protection Ordinance have been reviewed with
respect to this application.
5. The sites are designated Industrial in the City1s Comprehensive Plan, Industrial-Heavy
in the City's Zoning Ordinance, and Urban Harbor and Aquatic Harbor in the City's
Shoreline Master Program.
6. Chapter 5 of the City's Shoreline Master Program indicates uplands are found in the
U-H designation and submerged lands are found in the A-H designation.
7. The redesignations were required of the Port of Port Angeles by conditions of a
previous shoreline permit allowing the filling of the K-Ply mill log pond and the
excavation of the Valley Creek estuary.
8. No comments were received from the Department of Ecology or the Lower Elwha
Tribal Council during the comment period following the distribution of the
application.
Conclusions:
Based on the information provided in the April 22, 1998, Staff Report for MCA 98-02
including all of its attachments, comments and information presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
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 City's Industrial, Heavy zone,
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Planning Commisrion Minutes
April 22, 1998
Page 4
and the City Shoreline Master Program's Urban-Harbor and Aquatic-Harbor
designations, and Chapter 5, Management Policies D 1-11 and F 2-3.
B.
The amendment 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 Shoreline Master Program's Urban-Harbor and Aquatic-Harbor
designations, and Chapter 5, Management Policies D 1-11 and F 2-3.
c.
The City's waterfront trail, which provides public access to the shorelines of Port
Angeles Harbor, runs along Marine Drive west of Valley Street, and the Valley Creek
Estuary will provide a better physical and visual transition as the trail bypasses the
heavy industrial areas before it extends out onto Ediz Hook.
D.
The operation of the K-Ply Mill will be more efficient resulting in less dust and noise
impacts to adjacent properties, and the Valley Creek Estuary will provide landscaping
and screening that buffer commercial uses to the east from industrial uses to the west.
E.
The Valley Creek Estuary will reestablish the natural aquatic system once found there.
F.
The amendment will not be detrimental to the shoreline.
G.
The amendment will not interfere with the public use of lands or waters subject to the
public trust doctrine.
H The environmental designation changes satisfy the shoreline permit (No. SMA 97-
158) condition for filling the log pond and reopening the estuary.
The motion was seconded by Commissioner King and passed 6 - O.
MUNICIPAL CODE AMENDMENT - MCA 98-01 - CITY OF PORT
ANGELES. City wide: A proposal to amend Chapter 15 (Environment) of
the Port Angeles Municipal Code to process shoreline substantial
development permits administratively.
Director Collins reviewed the Planning Department's memorandum recommending the
amendment be approved. Chair Reed opened the public hearing.
Kenneth Sweeney, Port of Port Angeles Environmental Manager, 338 Jv. First Street,
spoke in support of the proposed amendment to process shoreline permits administratively.
In response to Commissioner Craver, as a frequent applicant, Mr. Sweeney answered that
he has no concerns with the permits being processed administratively rather than through the
public hearing process as there is always an appeal option to the City Council. The permits
are largely approved under the City's Shoreline Master Program and rarely is any public
testimony received under the public hearing process.
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Planning Commission Minutes
April22,1998
Page 5
Following questions of staff as to the intent of the option which would allow the Planning
Director to schedule a public hearing prior to a decision on a shoreline application, staff
offered to rework some of the wording at the Commission's direction following their
discussion and bring the draft ordinance back to the Commission's May 13 meeting.
Commissioner Craver moved to continue the public hearing to May 13, 1998, 7 p.m.
The motion was seconded by Commissioner Nutter and passed 6 - O.
MUNICIPAL CODE AMENDMENT - MCA 98-03 - CITY OF PORT
ANGELES, City wide: A proposal to amend Section 15 (Environment) of the
Port Angeles Municipal Code such that the time period for submittal of
judicial appeals is extended to 21 days.
Planning Specialist Sue Roberds reviewed the Planning Department's memorandum
recommending approval of the amendment as proposed. Chair Reed opened the public
hearing.
Mr. Collins agreed with Commissioner Hewins that the proposed ordinance amends appeal
periods for applications and processes other than just those handled by the Planning
Commission. The proposed ordinance provides a comprehensive change throughout the
Municipal Code where judicial appeals are provided to be consistent with new state statutes.
There being no public testimony, Chair Reed closed the public hearing.
As the City's Attorney suggested the amendment, Commissioner King moved to
recommend the City Council approve the proposed amendment to the City's Municipal
Code citing the following findings and conclusions:
Findings:
1. The State ofWasrungton recently adopted the Land Use Petition Act which requires
judicial appeals of many kinds of land use decisions to be filed within 21 days of the
decisions.
2. On March 19, 1996, the city of Port Angeles adopted a consolidated development
permit process (Ordinance 2911) in association with ESHB 1724 that includes a 21-
day filing period for judicial appeals.
3. Certain City ordinances still allow filing periods for judicial review which vary from
14 to 30 days.
4.
The proposed amendment allows for consistency with new state statutes for judicial
appeal time lines and eliminates specific judicial requirements from the nuisance and
Board of Adjustment ordinances.
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PumllUlg Commissinn Minutes
April 22, 1998
Page 6
Conclusions:
A. The amendment allows for consistency throughout the City's permitting process
where judicial appeals are provided.
B. The proposed ordinance is in the public's interest
The motion was seconded by Commissioner Craver, and passed 6 - O.
COMMUNICA TIONS FROM THE PUBLIC
Theresa Schmid, 114 East Ninth Street, asked if the Planning Commission had received the
public input that was submitted for a rezone application that was to be heard in March but
which was continued to June.
Commissioner Nutter noted that because the item was continued, the material will not be
received by the Commissioners until it is provided as a complete packet prior to the meeting
to which the item was continued.
Mrs. Schmid asked for clarification that if the public comment period for an application is
closed, in the case of a continuation, she understands that the public cannot continue to
submit additional comments until the public meeting. Chair Reed confirmed that is correct.
She asked if under the existing law there is ever an opportunity for a public hearing before the
Planning Commission and at the City Council. Director Collins responded that area wide
rezones allow for two public hearings. However, site specific rezones are allowed only one
public hearing, which in the City of Port Angeles, is provided by the City Council with only
a public meeting by the Planning Commission.
STAFF REPORTS
Staff noted items for upcoming meetings.
REPORTS OF COMMISSION MEMBERS
Commission members welcomed Paul Ziakin as the newest Commissioner.
ADJOURNMENT
The meeting adjourned at 8:05 p.m.
c:-~
PREPARED BY: S. Roberds
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