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HomeMy WebLinkAboutMinutes 04/24/1996 . . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 April 24, 1996 7:00 p.m. L CALL TO ORDER n. ROLL CALL m. APPROVAL OF MINUTES: April} O. 1996 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 96(05)157.1213 Marine Drive: Request for a permit to allow an expansion of an existing restaurant use in the Urban Harbor shoreline area. . V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS vn. REPORTS OF COMMISSION MEMBERS VDL ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to PLANNING COMMISSION: Bob King" Chair, Tim Gcrnw1 (Vice), Cindy Soud=, BobPhilpolt, Unda Nutter. Dcaa Reed, Mary CTllVtr. STAFF: Bnd Collins, Di=lor, Sue Roberds Office SpccWis~ and Da\id Sa~, Senior Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 24, 1996 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Bob King, Tim German, Dean Reed, Cindy Souders, Mary Craver Members Excused: Bob Philpott Staff Present: David Sawyer and Sue Roberds Public Present: Sue and Stan Maharaj, Richard Terril, Paul Enga, Sandy Maxwell Chair King welcomed Mary Craver to the Planning eommission as its newest member APPROVAL OF MINUTES Commissioner Nutter moved to continue approval of the April 10, 1996, minutes to May 8, 1996. Commissioner German seconded the motion which passed 4 - 0 with Commissioners Souders and Craver abstaining. PUBLIC HEARINGS SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 96(05)157. 1213 Marine Drive: Expansion of an existing restaurant use in the Urban Harbor shoreline area and [ndustrial Heavy zone. Senior Planner David Sawyer reviewed the Planning Department's report and answered questions from the Commission regarding a proposed condition of approval dealing with archaeological and tribal review in the event excavation is proposed. Mr. Sawyer noted that the wording is required for substantial develoment permits under the City's Shoreline Master Program. He responded to Commissioner eraver as to the background of the requirement for a shoreline substantial development permit for this proposal and stated that the eity's revised zoning regulations also require a conditional use permit for a restaurant use in the Industrial Heavy zone. The City has been working with the applicant to rectify the previously overlooked requirement for the two permits to allow the applicant to continue the restaurant operation with as little interruption as possible to the business. Chair King opened the public hearing. Planning Commission Minutes -April 24.1996 Page 2 . Stan Maharaj, 1213 Marine Drive, was present for questions. He agreed with the staff's analysis. He is trying to comply with the rules but asked for a waiver of the State's requirement of no construction on the remodel during the required 30-day appeal period following approval of a shoreline substantial development permit. Mr. Sawyer clarified that since certificates of occupancy have already been issued for the previous construction, only the current expansion is subject to the 30-day appeal period before the City can issue a certificate of occupancy. Paul Enga, P.O. Box 3163, Port Angeles, expressed support of the proposal and concern that regulations have not been met to this point due to misunderstanding of the City's regulations regarding work in shoreline areas. To do anything but approve this request would be a violation of the trust the public puts in governmental employees to inform them of appropriate regulations. Approval of the proposal would add to the eity's business base and provide a needed service to the public. He supported a solution that would allow the applicant to open the addition area to the public prior to the 3D-day appeal deadline with the understanding that such use would be at the owner's risk. . Sandra MaxweU, 839 West Ninth Street, was concerned that the City had not enforced the rules prior to this time in this issue and did not think that the applicant should have to wait for the 3D-day appeal period to pass before opening the new restaurant addition as he was not informed of the need for the necessary pennits at an earlier time. The applicant remodeled a run down building into a very nice restaurant use which has upgraded its surroundings and added to the eity. She supported Mr. Enga's proposal for a temporary occupancy of the new addition. Commissioner Nutter explained that the City has been working closely with the applicant on this issue to avoid any unnecessary impact to his business. This situation is the exception, not the rule. Regulations need to be complied with and staff is working to assist the applicant in getting the necessary steps completed as quickly as possible. There being no further testimony, Chair King closed the public hearing. Dave Sawyer clarified the 30-day appeal period required by the State Department of Ecology in the granting of shoreline substantial development permits at Commissioner Reed's request. The requirement is not a City regulation, but is the State's, and therefore the City is not authorized to waive the appeal period. He explained that a City Occupancy Permit could not be issued prior to the 30-day appeal period expiration. The eommission spent considerable time discussing options that might be presented to allow the applicant to waive the 3D-day waiting period noting that staff has been in contact with the State to see if there is any precedent to allow final occupancy prior to the 30-day appeal deadline. Staff was asked to continue to expedite the process if possible. . Commissioner Souders moved to recommend approval of the substantial development permit with the following conditions, findings and conclusions: . . . Planning Commission Minutes - April 24, J 996 Page 3 Conditions of Approval: I. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 2. The proposed use shall meet all requirements of the Port Angeles Municipal Code including zoning, parking, fire, and building code requirements. A revised parking plan shall be submitted to the Planning Department which provides the required number of parking spaces. 3. All storage areas on the site shall be screened from public view in accordance with the City's Shoreline Master Program. 4. All signs shall be consistent with the City's IH zone regulations and Chapters 4 and 5 of the City's Shoreline Master Program. 5. The applicant shall apply for and receive a conditional use permit for a restaurant in the Industrial, Heavy zone per Section 17.34.040 J of the Port Angeles Municipal Code. 6. The design of the structure shall be as such to provide visual access to the shoreline for a substantial number of the restaurant patrons. 7. The site design shall not conflict with the eity's waterfront trail. Findines: 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: I. The applicant, Satendra Maharaj, applied for a Shoreline Substantial Development Permit on February 26, 1996 and the application was determined complete on April 17, 1996 (please see Staff Report Attachment A). 2. A Mitigated Determination of Non-Significance (MDNS # 663) was issued by the City of Port Angeles SEPA Responsible Official on March 18, 1996. During the comment period a letter was received from the Department of Ecology noting that the project must be consistent with the Shoreline Management Act, its rules, and the local shoreline master program. (Staff Report Attachment B). 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. . . . Planning Commission Minutes. April 24. J 996 Page 4 4. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance 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 restaurant is a water-enjoyment commercial use in the Urban-Harbor shoreline designation. 7. The site is part of the Port of Port Angeles Boat Haven property. 8. The shoreline has been altered substantially from its natural state. It consists of a steep rock rip rap wall. Above the wall is a level industriaVcommercial site with no vegetation. Waterward of the shoreline is the Boat Haven harbor. 9. The City's waterfront trail runs east and west adjacent to the property's south property line. 10. 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. 11. No new excavation is proposed for the project as construction has already occurred. Conclusions: Based on the information provided in the staff report including all of its attachments, comments and infonnation presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the eity 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, C-I, D-I, E-4, G-I, and the Conservation Element Policies DS and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, D-l, 1-1-3, J-l and 2, L-l and N-l and 2, Chapter 5, Policies D-l, 9, and 12, and ehapter 6, E-l, 3 and 4, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2, C-I, D-I, E-4, G-l, and the Conservation Element Policies DS and 7, the eity's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, D-l, 1-1-3, J-l and 2, L-l and N-l and 2, ehapter 5, Policies D-l, 9, and 12, and Chapter 6, E.l, 3 and 4, and all associated regulations. C. The project will not be detrimental to the shoreline. . . . Planning Commission Minutes. April U. 1996 Page 5 D. As conditioned, the proposed project will not increase demand for public access to the shoreline. E. As conditioned, the proposed project will not interfere with an existing public access way. F. As conditioned. the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Commissioner German seconded the motion. In speaking to the motion, Commissioner Reed expressed support for staffs recommended Condition No.1, dealing with the need to have an archaeologist on site during excavation. eommissioner Nutter agreed. Commissioner Gennan favored leaving the condition out of the recommendation as there is no new excavation planned. Commissioner Souders amended her original motion to include the archaeological condition as follows with the originally noted findings and conclusions: Conditions of Avproval: 1. If the subject site has not be previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha S'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 S'KlalIam Tribe, the site owner, and the City Planning Department. This team shall detennine the extent of excavation monitoring for the project during the pennit 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, a decision of the cultural review team occurs without an approved archaeologist on-site and 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 the regulations of the City's Shoreline Master Program specifically those of Chapters 4. 5 and 6. 3. The proposed use shall meet all requirements of the Port Angeles Municipal Code including zoning, parking, fire. and building code requirements. A revised parking plan shall be submitted to the Planning Department which provides the required number of parking spaces. . . . Planning Commission Minutes - April 24, 1996 Page 6 4. All storage areas on the site shall be screened from public view in accordance with the City's Shoreline Master Program. 5. All signs shall be consistent with the City's IH zone regulations and Chapters 4 and 5 of the City's Shoreline Master Program. 6. The applicant shall apply for and receive a conditional use permit for a restaurant in the Industrial, Heavy zone per Section 17.34.040 J of the Port Angeles Municipal Code. 7. The design of the structure shall be as such to provide visual access to the shoreline for a substantial number of the restaurant patrons. 8. The site design shall not conflict with the eity's waterfront trail. Comissioner GenTIan agreed. The amended motion passed unanimously. The COrrunlssion apologized to the applicant for any inconvenience he may have incurred and wished him well in his endeavors. COMMUNICA TIONS FROM THE PUBLIC Sandra Maxwell, 839 West Ninth Street, asked why the City is holding up permits to allow Daishowa America to plant trees in the area of the mill and the Waterfront Trail. Commissioner Reed, who is an employee of Dais how a America, noted that there is no hold up and the trees are in fact being planted. City staffhas been incredibly supportive and it has been a good project. The City was responsible for allowing an earthen berm, constructed as part of a land farming soil remediation process, to be removed which is where the trees are being planted. Paul Enga, P.O. Box 3163, noted that it appears that a great deal of effort has been put forth to assure that the public should be informed as to deve10ment regulations. He was pleased to see his earlier concerns were unfounded and that staff and the Planning eommission are doing all that can be done to expedite business opportunities in Port Angeles. STAFF REPORTS David Sawyer indicated that there will be a number of issues on the May 8 meeting agenda and informed the Commission of the need to include at least one current planning item as well as two Municipal Code amendments and two Comprehensive Plan amendments on the May 22 agenda. He apologized for the need to conduct a public hearing at a long range meeting but given the deadlines facing the applicant, Mr. Maharaj, staff felt it was the appropriate thing to do in this instance. Planning Commi!$ion Minutes - April 24. 1996 Page 7 . REPORTS OF COMMISSION MEMBERS .. . Chair King formally welcomed Mary Craver to the Commission and was glad that the Commission once again has a full complement. ADJOURNMENT The meeting adjourned at 8:30 p.m. (~!~ PREPARED BY: S. Roberds . 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