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HomeMy WebLinkAboutMinutes 05/27/1998 . . . HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE. -- PL.AN"m~G AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 27, 1998 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of May 13, 1998 IV. PUBLIC HEARINGS: 1. SHORELINE.MAl'SAGEME1SIFERMII.=..SMA.9.8~2 - SHEEAlID,JJD Ediz Hook Ro.ad~ Request to construct a free standing informational sign, a 12' x 24' concrete pad addition to the outdoor seating area and kitchen equipment in the shoreline area. 2. SRORELINE MANAGEMENT PERMIT - SMA 98-0J--=-..f...QRLQE I!ORT ANGELES,Muut:lL.oUumwater....Cre.ek A proposal to replace an existing timber bridge with a new steel span bridge at the same location. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLA)\''NING COMMlSSiON: Dean Reed, (Chair), Mary Craver (Vice), Bob King, Cindy Souders, Linda Nutter, Fred Hewins. Paul Ziakin. STAFF: Brad Collins, Director, Sue Roberds Planning Specialist. David Sawyer, Senior Planner, . . . All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting! hearing will be provided to Commission members at the meeting. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (S minutes). Other interested parties will be allowed to comment briefly (S minutes each) or make inquiries. The Chair may allow additional public testimony if the issue warrants it. Brief rebuttal (S minutes) for proponents and opponents will be heard separately and consecutively with presentation Ilmited 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. . . e MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 27, 1998 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Fredric Hewins, Cindy Souders, Dean Reed, Bob King, Paul Ziakin Member Excused: Mary Craver Staff Present: Brad Collins, David Sawyer, Sue Roberds, Public Present: Ron Shepard, Brion Shepard, Ken Sweeney, Arlene Sawyer APPROVAL OF MINUTES Commissioner Souders moved to approve the May 13, 1998, minutes. The motion was seconded by Commissioner Hewins and passed 6 - O. PUBLIC HEARINGS: SHORELINE..SIJBST ANTIAL DEYELO~JST PERMIT - SMA~-= 02 - SHRPARDJ3Jl.Ediz Hook Road.: Request to construct a free standing informational sign, a 12' x 24' concrete pad addition to the outdoor seating area, and kitchen equipment, in the shoreline area. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the penuit as requested with conditions, and circulated photos ofthe site and its existing use activities. He continued that the work for which the pennit is being applied has already been completed, with the exception of the kitchen equipment, due to a miscommunication, and that it is staffs recommendation the sign be placed parallel to the building and close enough to the structure so as not to present a view obstruction. Chair Reed opened the public hearing. Ron Shepard, 423 Hillcrest Avenue, explained that the proposed sign is an informational sign required by his lease agreement with the City and will provide a history ofEdiz Hook and the Salmon Derby. It will not be an advertising sign. He was unaware that the work done in the shoreline required a pennit, although he noted he was aware that the underlying use required a shoreline permit as he had applied, and received, such a permit in 1995. If the concrete pad is not approved for seating, he asked that he not be required to remove it as it also serves to anchor the bulkhead for the dock ramp. He plans to clean the area up and maintain it in a manner that the City will be proud of as property owners. He did not intentionally violate the shoreline permit requirements and will do whatever the Commission requires him to do to bring the use into compliance. He will be more diligent about asking Planning Commiuion Minutes May2?,1998 Page 2 . . . questions when in doubt in the future. An archaeologist was on site when the original stucture was built in 1995, but nothing of historical significance was found during construction in the area which included the area where the concrete pad was later poured. No footings were dug for either the concrete pad or the sign. There being no further comments, Chair Reed closed the public hearing. In response to Commissioner Nutter, Planner Sawyer stated that staff's recommendation to remove the ten feet of concrete located at the shoreline is to allow for an area where runoff from the pad can be filtered prior to entering the harbor. The concrete pad is placed at the water's edge at the present. Commissioner Ziakin did not feel that the current location of the free standing sign poses a problem to visibility. Following continued discussion on the placement of the sign and regarding the possibility of runoff from the pad into the harbor area without a barrier or containment system, Commissioner Souders moved to approve the substantial development permit citing the following conditions, findings, and conclusions: Conditions: 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 project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible 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. All signs on the property shall be per the Shoreline Master Program and any other applicable City regulations. 3. The applicant shall submit information for all other signs located on the site (including building mounted and temporary signs) to the Planning Department for review for compliance with the Shoreline Master Program and Zoning Code requirements, and any signs determined be in noncompliance with said requirements shall be removed. . . . Planning Commission Minutes May 27, 1998 Page 3 4. The proposed seating area shall include a physical barrier 10 feet from the shoreline and the concrete slab shall provide drainage per the City's Stonnwater Management Plan requirements. 5. The project shall comply with all portions of the City's Shoreline Master Program including Chapters 4, 5 and 6 and aU of their associated regulations. 6. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 7. The proposed use shall meet all requirements of the Port Angeles Municipal Code including the City's Commercial, Arterial zone and all Fire, Mechanical, Plumbing, Electrical, and Building Code requirements. 8. All portions of the public marina development shall be open and accessible to the public. 9. Activities 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 staff report (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Ron Shepherd applied for a Shoreline Substantial Development Permit on March 31, 1998 and a Determination of Completeness was issued on April 12, 1998. The public comment period ended on May 12, 1998 with no written comments being received (Please see Staff Report Attachment A). 2. An Adoption of an Existing Document (#799) was issued by the City of Port Angeles SEP A Responsible Official for the proposal on May 21, 1998 (please see Attaclunent B). 3. The proposal is to construct a freestanding informational sign. The overall height of the sign including a proposed roof feature is 8'2". The sign's width is 5'811 and the roof feature is 9'2" in length and 4'811 in width. The applicant is also proposing to install hood and duct equipment for cooking purposes and a 121 by 24' concrete pad which will be used for outdoor seating (please see Attachment A). 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 and Zoning Ordinance have been reviewed with respect to this application. . . . Planning Commission Minutes May 27,1998 Page 4 6. The site is designated Commercial in the City's Comprehensive Plan, Commercial, Arterial in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 7. In 1995, the City approved SMA 95(12)154 which permitted a retail use in the current building as a part of a commercial/recreational water-related use. 8. The subject site serves as the western terminus of the City's Water Front TraiL 9. The sign structure and the seating area have been installed. The sign is located to the east of the existing building just west of the existing driveway. The seating area is located on the south side of the existing building and extends up to the edge of the water (shoreline). 10. There are several signs located on the subject property, including several temporary banner signs, building signs and other freestanding signs. 11. Parking for the site as a public marina is provided by approximately 50 spaces located on the north side of Ediz Hook Road. 12. The proposed addition of a restaurant use is permitted in the Commercial Arterial zone and the Urban Harbor designation. 13. The Shoreline Master Program permits a maximum 32 square feet of freestanding sign area on a site and requires a minimum 10 foot setback from the shoreline for water-oriented uses. 14. The applicant provided testimony that no artifacts of archaeologic significance were discovered when the site was inventoried in 1995 during its initial construction. 15. Policies contained in Chapter 4 of the City's Shoreline Master Program, General Policies and Regulations, Item "N", Water Quality, shall be observed in development of the site. Conclusions.:. Based on the information provided in the staff report including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed fmdings, the City of Port Angeles Planning Commission hereby concludes that: A. The applicant's current request for installation of kitchen equipment and a seating area amounts to the addition of a restaurant use on the site. B. The City's Comprehensive Plan Land Use Policies D-l and D-2, and Conservation Policy B-18, the City's Commercial, Arterial zone requirements, and the City's Shoreline Master Program, Chapter 4 Policies Bland 2, and L 1, 2, and 3, and N2. Chapter 5 Environment Designation Matrix, and Chapter 6 Policies 1, 4, and 5 are . . . Planning Commission Minutes May 27, 1998 Page 5 the most relevant to the proposed application. C. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Policies D-l and D-2, and Conservation Policy B-18, the City's Commercial, Arterial zone, and the City's Shoreline Master Program, specifically Chapter 4 Policies Bland 2, and L 1, 2 and 3, and N2. Chapter 5 Environment Designation Matrix, and Chapter 6 Policies 1, 4, and 5. D. As conditioned, the project will not be detrimental to the shoreline. The motion was seconded by Commissioner Hewins and passed 6 - O. Planner Sawyer explained the City's appeal procedure. S.H.OBELINE MANAGEMENT PERMIT - SMA 98-03 - PORT OF FORT ANGELES., Mouth ofTumwateL.Cr.e_ek: A proposal to replace an existing timber bridge with a new steel span structure at the same location. Planner Sawyer reviewed the Planning Department's staff report. Chair Reed opened the public hearing. Ken Sweeney, Port of Port Angeles Planning and Environmental Manager, 338 West first Street, stated that the existing timber bridge proposed for replacement allows log trucks to move to the banding area on the Port property. The existing structure is an adaption of the old railroad trestle and is a bit awkward and deteriorating. He responsed to questions from the Commission regarding the distance to the mean higher high tide. The new concrete bridge is proposed to be approximately fifty feet south of the old structure. The channel is confined in sheet piling and only the support piling of the existing bridge is scheduled to be removed. There being no further comments, Chair Reed closed the public hearing. Commissioner Hewins wondered if this might not provide an opportunity to create a juvenile salmonoid habitat given the work proposed in the creek. He commended the Port for its work on the City's new estuary project on the shoreline and noted that this might be an opportunity to further enhance the fish habitat along the shoreline. Chair Reed sees the proposal as a positive move. He and Commissioner Souders agreed that it would be difficult to require the applicant to provide a fish habitat improvement area unless such a mitigation measure could be tied to an impact of the proposal. However, they agreed that it would be a good idea given the proximity to the shoreline. Commissioner Hewins acceded that the project probably does not warrant fish habitat restoration as a mitigation. Commissioner King moved to approve the substantial development permit as proposed with the following conditions, findings and conclusions: Planning Commission Minutes May 27.1998 Page 6 . Conditions; 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 project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 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 project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance and the requirements of Department of Fisheries Hydraulic Project Approval (#OO-C9829- 01). . 4. Activities 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 staff report for SMA 98-03 dated May 27, 1998 (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, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on April 8, 1998. The application was determined complete on April 16, 1998, (please see Staff Report for SMA 98-03 dated May 27, 1998 Attachment A). 2. The proposal is to remove the existing timber bridge located at the mouth of Tumwater Creek and replace it with a new steel bridge adjacent to the previous location. The creek at this point runs through an existing IS' wide and 10' deep channel. The replacement will include removing the existing bridge structure used for vehicle access, the former railroad trestle structure and all related support pilings. The new bridge will be constructed of steel and will entirely span the creek's channel. . 3. A Determination of Non-Significance was issued by the Port of Port Angeles SEPA Responsible Official for the proposal on April 7, 1998. Planning Commission Minutes May 27, 1998 Page 7 . 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, and Zoning Ordinance have been reviewed with respect to this application. 6. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 7. Marinas and freight terminal facilities are considered water-dependent industrial uses and are permitted uses in the Urban-Harbor designation. 8. The nearest residents are over 100 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. Conclusions.: . Based on the information provided in the Staff Report for SMA 98-03 dated May 27, 1998, 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 Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1 and 2, D-1, H-1 and 4, J-2, K-I, 2 and 4, and N-1, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policy A-2, Conservation Element Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1 and 2, D-1, H-1 and 4, J-2, K-I, 2 and 4, and N-l, and all associated regulations. C. As conditioned, the proj ect will not be detrimental to the shoreline. D. The project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use oflands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Souders and passed 6 - O. . COMMUNICATIONS FROM THE PUBLIC None. Planning Commission Minutes May 27, /998 Page 8 . STAFF REPORTS Director Collins stated that he would like to get back on track with long range planning items in the next few months noting that the Commission's schedule has not allowed much long range planning over the past year. He briefly explained that the City is participating in a state wide watershed planning program and encouraged Commission members to become involved in that process, and noted that the National American Planning Association's conference will be held in Washington next April. REPORTS OF COMMISSION MEMBERS, Commissioner Souders reported that she will not be at the June 24th meeting. Commissioner Nutter encouraged other Commission members to attend the American Planning Association's conferences. Her experience has been that the sessions are very informative and well worth the effort. ADJOURNMENT Brad Collins, Secretary The meeting adjourned at 8:20 p.m. . PREPARED BY: S. Roberds .- n '. 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