HomeMy WebLinkAboutMinutes 09/12/1990
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AGENDA
PORT ANGELES PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
September 12, 1990
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
ill. A PPRO V AL OF MINUTES: Special meeting of August 30, 1990.
IV. NEW BUSINESS:
1.
SEPA APPEAL PROCEEDING - POINT NO POINT TREATY COUNCIL: An
appeal of the Port Angeles SEPA Responsible Official's issuance of a
Determination of Non-Significance regarding Daishowa's proposed construction
of a 69 kV substation at its Port Angeles Mill (See item V.2). This item is not
a public hearing.
V. PUBLIC HEARINGS:
1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 90(09)110 -
DAISHOWA AMERICA CO.. LTD. - Marine Drive at the base of Ediz Hook:
A Shoreline Permit to allow construction of a recycled paper facility.
2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 90(09)112 -
DAISHOWA AMERICA CO.. LTD. - Marine Drive at the base of Ediz Hook:
A Shoreline Permit to allow contruction of a 69 kV substation at the site of
Daishowa's Port Angeles Mill.
3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 90(09)111 -
CITY OF PORT ANGELES - Marine Drive between Oak and Hill Streets: A
Shoreline Permit to allow extension of the Port Angeles Waterfront Trail.
4.
STREET V ACA TION PETITION - STV 90(09)04 - RICHARD L. GRIMSLEY.
ET AL - East Sixth Street west of Liberty Street: A petition to vacate a portion
of the Sixth Street right-of-way west of Liberty Street.
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Planning Commission Agenda
Page 2
5.
ZONING CODE AMENDMENT - ZCA 90(09)05 - M&R TIMBER - City Wide:
A proposed amendment to the Zoning Code in order to allow all residential
dwelling types as a conditional use in a Planned Residential Development.
6. APPEAL OF SHORT PLAT APPROVAL - SHP 90(07)09 - RANDY AND
MARLENE HART - 2600 Block of Milwaukee Drive: An appeal of a condition
of short plat approval requiring the improvement of Milwaukee Drive adjacent to
the proposal short plat.
VI. OLD BUSINESS:
1. WITHDRAWAL OF PERM1T APPLICATION - SMA 90(07)109 - OLYMPIC
MEMORIAL HOSPITAL.
VII. COMMUNICATIONS FROM mE PUBLIC
vm. STAFF REPORTS
IX. REPORTS OF COMMISSION MEMBERS
X. ADJOURNMENT
NOTES: The Planning Commission will not, except at the discretion of the Chairman, commence a new hearing
after 10:00 P. M.
Project files and applicable City umd use regulations may be reviewed prior to the public hearing in the Planning
Department. Copies of all material in the files are available al a cost of $,25 per page.
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.
Planning Commission; Larry Leonard, Chair; Ray Gruver, Vice-chair; Bill Anabel; Roger Catts; Donna Davison; 1im Hulett; Bob Philpott.
Planning Staff; Bmd Collins, Planning Dir'<<tor; Gmnt Beck, Associate Planner; Sue Ro~rds, Planning Office Specialist.
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PLANNING COMMISSION
Port Angeles, Washington
September 12, 1990
I CALL TO ORDER
Chairman Leonard called the meeting to order at 7:05 P.M.
II ROLL CALL
Members Present:
Ray Gruver, Jim Hulett, Larry Leonard, Bob
Philpott, Donna Davison, William Anabel.
Members Excused:
Roger Catts
Staff Present:
Grant Beck, Sue Roberds, Ken Ridout, Bruce
Becker.
II
APPROVAL OF MINUTES
Mr. Anabel moved to approve the minutes of the August 30,
1990, special meeting, with the following amendment: Under
Item VI, Public Hearings, Permit Request for DelHur, Inc.,
page 7, Duplex units would read: "Mr. Collins stated that
duplex units would not be allowed on several of the lots."
Mr. Gruver seconded the motion, as amended, which passed 4 -
0, with Mr. Philpott and Ms. Davison abstaining.
IV NEW BUSINESS
SEPA APPEAL PROCEEDING - POINT-NO-POINT TREATY COUNCIL:
An appeal of the Port Angeles SEPA Responsible Official's
issuance of a Determination of Non-Significance regarding
Daishowa's proposed construction of a 69 kV substation
at its Port Angeles Mill (See item V.2). This item is
not a public hearing.
Chairman Leonard explained that this item is not a public
hearing and those able to make presentations include the
applicant (Daishowa), appellant (the point-No-point Treaty
Council), and City staff. Chairman Leonard explained the
meeting procedure and opened the discussion to staff.
Grant Beck, Associate Planner for the City of Port Angeles,
was sworn in by Chairman Leonard. Mr. Beck reviewed the
Department Report and stated that following review of the
application and environmental checklist as submitted by
Daishowa America, Ltd., the Port Angeles SEPA Responsible
Official issued a Determination of Non-Significance. Based
on that determination, an environmental impact statement was
not required of the project. The Point-No-point Treaty
Council filed a timely appeal of the Determination of Non-
Significance postmarked on August 24, 1990. The basis for the
point-No-point Treaty Council's appeal was:
PLANNING COMMISSION
September 12, 1990
Page 2
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A.
The SEPA checklist does not provide for investigation,
surveys, and documentation of possible Native American
archeological sites located within the proposed project
site.
B. There are no proposed measures in the checklist to reduce
or control erosion, either during construction or after
construction has been completed.
Mr. Beck noted the Port Angeles Shoreline Master Program
establishes standards relating to archeological areas and
historical sites. Those standards include observation of the
National Historic Preservation Act of 1966 and Chapter 43.51
RCW which provides for the protection, rehabilitation,
restoration and reconstruction of areas and structures
significant to American and Washington State history, archi-
tecture, archeology, and/or culture. These requirements were
deemed adequate by the Port Angeles SEPA Responsible Official
to ensure protection of possible Native American archeological
sites located in the area of the development. Mr. Beck noted
the Planning commission's options following review of the
appeal issues.
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Rachel Kowalski, 1666 Lower Elwha Road, Port Angeles, and Bob
Heinith, 7850 NE Klallam Road, Kingston, were present repre-
senting the Treaty Council. Ms. Kowalski and Mr. Heini th were
sworn in by Chairman Leonard.
Ms. Kowalski expressed concern that construction crews in the
area would not be looking for artifacts. She stated that
someone trained in archeology should do a survey prior to any
construction activity at the site.
Mr. Heinith, Water Resource Biologist for the point-No-point
Treaty Council, requested that the appeal be upheld and a
mitigated DNS be issued for the project in order to have a
qualified archeological team do a survey to assure that no
artifacts will be missed and no archeological impacts will
occur due to the construction project. Mr. Heinith further
stated that any construction with possible impacts on the
shellfish environment should be given careful consideration
and a basic plan to ascertain the effect of the construction
on the shellfish population should be required prior to
construction.
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Chairman Leonard asked how erosion could occur from this site
which could impact the shellfish population.
Mr. Heinith responded that when the present impervious surface
is removed in preparation for the construction activity, and
with the coming rainy season, erosion could occur into the
strait.
Ms. Kowalski stated that the entire area is well documented
as a historical site but has never been surveyed for arti-
facts. She reiterated the request for a survey to be done
PLANNING COMMISSION
September 12, 1990
Page 3
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prior to the proposed construction activity.
Ms. Davison questioned Ms. Kowalski and Mr. Heinith as to a
depth level the Tribes are concerned with in the area.
Mr. Gruver asked whether the Tribes had ever had any concerns
with the provisions of the National Historic Preservation Act
of 1966 and Chapter 43.51 RCW to date.
Mr. Heinith indicated there had never been a question as to
the provisions of the regulations.
Robert Heller, 1001 4th Avenue, Seattle, attorney for
Daishowa America, Ltd., and Dean Reed, 3120 South Peabody
Street, engineer for Daishowa America, Ltd., were present,
representing Daishowa, and were sworn in by Chairman Leonard.
Mr. Heller reviewed the SEPA appeal procedures, including RCW
43.21C.090 and the Port Angeles Municipal Code. Mr. Heller
stated that the site has previously been extensively
disturbed. The proposed activity will not cause excavation
to a depth as far as previous construction.
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Mr. Reed explained that in searching old records of the site,
drawings were produced which showed extensive piping in the
area. Mr. Reed presented drawings indicating piping lacing
the area as deep as 6 feet below grade. He further stated
that the proposal will remove old pipelines which have been
abandoned. The new construction is proposed to be at a depth
of only 3 feet below grade. Mr. Reed stated that Daishowa has
direct control over all excavation for the site proposal. All
contractors will be especially cognizant of possible diggings
in the area, especially due to the appeal proceeding.
Mr. Gruver asked if the proj ect engineer has training in
archeological sites.
Mr. Reed answered that the project engineer probably does not
have that background, as he is an electrical engineer.
Mr. Hulett questioned Mr. Reed on the elevations and grades
of the excavation site.
Mr. Reed further stated that soils will be removed from the
site and stored adjacent to the site. In the event of heavy
rains, the runoff would be directed to an existing storm sewer
system which is connected to the primary and secondary treat-
ment systems.
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Mr. Heinith stated that the burden of proof should be on the
applicant to prove that the proposal will not cause impacts
on the site. He referred to a report by Barbara Lane who, he
stated, is a noted anthropologist. He stated that the reports
contain information on aracheological sites on Ediz Hook,
indicating that this was a very well-used area. He further
noted that the request is to mitigate the DNS in order to
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PLANNING COMMISSION
September 12, 1990
Page 4
allow for an archeological survey and more detailed plans
concerning the erosion control on the site. Previous con-
struction at the site may not have uncovered or buried the
archeological remains.
Ms. Davison asked if the study on Ediz Hook by Ms. Lane gave
reference to specific areas on the Hook.
Ms. Kowalski stated that the Klallam Tribes were in the Hook
area prior to the U. S. Coast Guard's use of the Hook. Ms.
Kowalski's grandmother is a Klallam Indian.
Mr. Heller noted that State law was written to require noti-
fication of the County (city) engineer upon discovery of any
evidence of possible archeological significance during the
construction.
Mr. Reed further noted that he had tried to contact Mr.
Heinith on September 10, 1990, to allow review of the informa-
tion and the site. Mr. Reed said that Mr. Heinith was unable
to return his call or review the site.
Mr. Hulett noted that upon review of the previous engineering
drawings of the site, it seems apparent that the site is at
present laced with wide underground pipe beds, indicating the
area has been substantially disturbed in the past.
Mr. Gruver asked if State law prescribes that the inspector
on this type of site be an archeologist. Mr. Beck said that
to his knowledge, that is not a requirement.
Mr. Gruver moved to uphold the Determination of Non-
Significance, citing the following findings and conclusions:
Findings:
1. Chapter 27.53 RCW provides for the protection of
archaeologically significant areas.
2. Section F.18.a through c of the Port Angeles Shoreline
Master Program provides for the protection of
archaeologically significant areas.
3 . The location of the proposed construction in relation to
the Daishowa Mill site will minimize any potential
erosion and surface water runoff attributable to the new
construction.
4. Surface water runoff at the Mill site is collected and
treated by the secondary sewage treatment facility.
Conclusions:
A. The proposal is unlikely to have a significant adverse
impact upon the environment.
PLANNING COMMISSION
September 12, 1990
Page 5
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In speaking to his motion, Mr. Gruver noted that it is
important to protect all archeological areas but there has
been no example that current law would not protect the site.
Mr. Philpott seconded the motion, which passed unanimously.
V PUBLIC HEARINGS
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA-90(09) 110
- DAISHOWA AMERICA CO., LTD. - Marine Drive at the base
of Ediz Hook: A Shoreline Permit to allow construction
of a recycled paper facility.
Mr. Beck reviewed the Department Report recommending approval
of the Shoreline Permit, subject to two conditions.
Chairman Leonard opened the public hearing.
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Wally Malkinson of Pacific Liaicon, 4190 Cedar Hill Drive,
victoria, B.C., was present representing Daishowa. Mr.
Malkinson gave an overview of the project site and stated this
would be a $37 to $40 million project which will produce
approximately 170 average air-dried tons per day. The
proposal is to process old newspapers, old directories and old
magazines into pulp which will amount to approximately 40% of
the raw product of the Mill's production of newsprint. The
project will employ 125 to 150 people at peak, with up to 15
people upon completion. Mr. Malkinson further stated that
documents had been submitted indicating that the proposal will
be downzoned for flood purposes.
Stan Hicks, Fourth and liE" Streets, resident manager for
Daishowa America, Ltd., stated that the company is in agree-
ment with the Department Report and the conditions attached;
but further stated if a Shoreline Management Permit is needed
for construction of the Trail through the Mill site (Condition
No.2), the City should obtain such permit. The City should
also assume liability for the Trail upon completion and
Daishowa would like to participate in the location of the
Trail through the Mill site. Mr. Hicks objected to the bond
as requested by staff, indicating that Daishowa has been in
the community for some time and has shown good will in its
efforts so far.
There being no further comment, Chairman Leonard closed the
public hearing.
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Mr. Hulett questioned staff as to the comment by Mr. Hicks
concerning objection to the bond for the Waterfront Trail
development.
Mr. Beck explained that the city expected to accept liability
for the Trail upon completion, and to obtain permits for the
development. He stated that a bond would be needed only if
PLANNING COMMISSION
September 12, 1990
Page 6
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the operation of the facility would occur prior to construc-
tion of the Trail. He also felt that Daishowa's oral agree-
ment would be unenforceable.
In response to the Commission, Mr. Hicks stated that a letter
of agreement would not be objected to.
Mr. Hulett moved to approve the Shoreline Substantial Develop-
ment Permit to allow construction of a recycled paper
facility, subject to the following conditions and citing the
following findings and conclusions:
Conditions:
B.
Any development within the FEMA-designated 100-year flood
plain shall comply with all requirements of the Port
Angeles Flood Damage Prevention Code, Chapter 15.12 PAMC.
Prior to operation of the recycling facility, the appli-
cant shall construct the Port Angeles Waterfront Trail
on property under Daishowa I s control. Plans for the
Trail shall be based on the Port Angeles Waterfront Trail
Plan and shall be approved by the Port Angeles Parks and
Public Works Departments prior to construction.
A.
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Alternate locations for the Trail may be approved by the
Port Angeles Parks and Public Works Departments.
The City may grant permission to operate the facility,
provided that a letter of agreement or an improvement
bond acceptable as to form and amount by the Director of
Public Works and the City Attorney is posted in the
amount of the estimated value of the construction of the
Waterfront Trail. If a bond is not provided, the appli-
cant shall enter into a written agreement to construct
the Trail. Daishowa shall construct the Trail no later
than two (2) years from the date of operation of the
recycling facility. The city of Port Angeles will assume
liability for the Trail after construction and shall
obtain all required permits for the construction.
Findings:
1. The proposed recycling facility would be located at the
site of Daishowa America's existing directory paper mill
and would not extend a heavy industrial use into an area
not currently used for such activity.
2.
Provided Daishowa constructs the Port Angeles Waterfront
Trail through the Mill, the proposal will provide pedes-
trian visual and physical access to the shoreline in an
industrial area.
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3. Any construction within the FEMA-designated 100-year
flood plain will be required to meet the" standards for
development wi thin such areas, as found in the Port
PLANNING COMMISSION
September 12, 1990
Page 7
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Angeles Flood Damage Prevention Code, Chapter 15. 12 PAMC.
4.
The Planning Department and Planning Commission gave
serious consideration to flood hazard issues during
review of the shoreline permit application.
5.
The Port Angeles comprehensive Plan and Zoning Code
identify the property as industrial, while the site is
designated as Urban by the Port Angeles Shoreline Master
Program.
Conclusions:
A. The proposal is consistent with the Port Angeles Compre-
hensive Plan and Zoning Code.
B. The proposal, as conditioned, is consistent with the Port
Angeles Shoreline Master Program, the Shoreline Manage-
ment Act, the Waterfront Trail Plan, and the Flood Damage
Prevention Code.
c. The proposal, as conditioned, is in the public use and
interest.
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Ken Ridout, Deputy Director of Public Works for the City of
Port Angeles, noted that if the area for the Trail is not in
the public right-of-way, Daishowa will have to grant an ease-
ment to the City for maintenance of the Trail. He also noted
that a bond is a normal course of action and is not directed
at the applicant.
Mr. Gruver seconded the motion, which passed unanimously.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA-90(09) 112
- DAISHOWA AMERICA co., LTD. - A Shoreline Permit to
allow construction of a 69 kV substation at the site of
Daishowa's Port Anqeles Mill.
Mr. Beck reviewed the Department Report recommending approval
of the proposal subject to one condition. Chairman Leonard
opened the public hearing.
Dean Reed, 3120 South Peabody Street, engineer for Daishowa,
gave an overview of the project, with background of the
upgrades to the Mill since the 1988 purchase by Daishowa
America. Mr. Reed indicated that Daishowa America would like
to begin construction on this project as soon as possible.
There being no further public comment, Chairman Leonard closed
the public hearing.
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Mr. Hulett moved to recommend approval of the permit as pro-
posed, subject to the following conditions, and citing the
following findings and conclusions:
PLANNING COMMISSION
September 12, 1990
Page 8
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Condition:
A. Prior to operation of the electrical substation, the
applicant shall construct the Port Angeles Waterfront
Trail on property under Daishowa's control. Plans for
the Trail shall be based on the Port Angeles Waterfront
Trail Plan and shall be approved by the Port Angeles
Parks and Public Works Departments prior to construction.
Alternate locations for the Trail may be approved by the
Port Angeles Parks and Public Works Departments.
The city may grant permission to operate the facility,
provided that a letter of agreement or an improvement
bond acceptable as to form and amount by the Director of
Public Works and the city Attorney is posted in the
amount of the estimated value of the construction of the
Waterfront Trail. If a bond is not provided, the appli-
cant shall enter into a written agreement to construct
the Trail. Daishowa shall construct the Trail no later
than two (2) years from the date of operation of the
recycling facility. The City of Port Angeles will assume
liability for the Trail after construction and shall
obtain all required permits for the construction.
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Findings:
1. The proposed electrical substation yard would be located
at the site of Daishowa America's existing directory
paper mill and would not extend a heavy industrial use
into an area not currently used for such activity.
2. Provided Daishowa constructs the Port Angeles Waterfront
Trail through the Mill, the proposal will provide pedes-
trian visual and physical access to the shoreline in an
industrial area.
3. Any construction wi thin the FEMA-designated 100-year
flood plain will be required to meet the standards for
development within such areas, as found in the Port
Angeles Flood Damage Prevention Code, Chapter 15.12 PANC.
4. The Planning Department and Planning Commission gave
serious consideration to flood hazard issues during
review of the shoreline permit application.
5. The Port Angeles Comprehensive Plan and Zoning Code
identify the property as industrial, while the site is
designated as Urban by the Port Angeles Shoreline Master
Program.
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Conclusions:
A. The proposal is consistent with the Port Angeles Compre-
hensive Plan and zoning Code.
PLANNING COMMISSION
September 12, 1990
Page 9
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B.
The proposal, as conditioned, is consistent with the Port
Angeles Shoreline Master Program, the Shoreline Manage-
ment Act, the Waterfront Trail Plan, and the Flood Damage
Prevention Code.
C. The proposal, as conditioned, is in the public use and
interest.
Mr. Gruver seconded the motion, which passed unanimously.
The Commission took a 10-minute recess at 8:50 P.M. The
meeting reconvened at 9:00 P.M.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA-90(09) 111
- CITY OF PORT ANGELES - Marine Drive between Oak and
Hill Streets: A Shoreline Permit to allow extension of
the Port Angeles Waterfront Trail.
Mr. Beck reviewed the Department Report recommendong approval
of the Shoreline Permit. Chairman Leonard opened the public
hearing.
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Ken Ridout, Deputy Director of Public Works, stated that the
proposal is to place a minor amount of ballast and two inches
of asphalt on the Trail area from Oak Street along Marine
Drive to Hill street. The proposal is an extension of the
city's current Waterfront Trail.
Ms. Davison asked if herbicides which may spill into the water
would be used in the asphalt process.
Mr. Ridout noted that a very small amount of herbicide is used
and there could be some runoff below the surface, possibly in
the area of the Boat Haven. Mr. Ridout stressed that the
usage amount is very small, but natural seepage may occur at
some point.
Paul Cronauer, 728 Milwaukee Drive, asked if the city has
considered the use of concrete instead of asphal t, which would
eliminate the need for herbicides.
Mr. Ridout indicated that the cost would be quite a bit more
than what is planned for the Trail.
There being no further public testimony, Chairman Leonard
closed the public hearing.
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Mr. Philpott moved to recommend approval of the Shoreline
Substantial Development Permit to allow extension of the Port
Angeles Waterfront Trail along Marine Drive, citing the
following findings and conclusions:
Findings:
1. The proposed Waterfront Trail extension will provide
access to the public shoreline, which is a separate, non-
PLANNING COMMISSION
september 12, 1990
Page 10
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motorized, vehicular and pedestrian path linked to other
parts of the circulation system in the City but separated
from streets used by motorized vehicles.
2.
The Waterfront Trail extension provides numerous oppor-
tunities to view the Harbor, strait of Juan de Fuca,
Canada, and Mt. Baker. The access provides an unusual
recreational environment compared to the typical City
park and sports fields, and can be used by young and old
residents from the entire city.
3 .
The proposed extension of the Waterfront Trail does not
convert the shoreline resource into irreversible uses or
detrimentally alter the natural conditions of the shore-
line and has minimal impacts on the shoreline area
itself.
4.
The proposal is an implementation of the City's adopted
Urban Waterfront Trail Plan, which is a bicycle and
hiking path which provides public access to the water and
links the rest of the City's circulation system.
5.
The proposal provides development and expansion of recre-
ational areas on Port Angeles Harbor.
6.
The access, recreation area, and interpretive signage
are improvements that facilitate public access to the
shoreline, which reflects a design attention to the
importance of environmental quality and natural resources
of the existing shoreline area by developing within areas
that have already been altered by man.
7. The Waterfront Trail extension provides significant
recreational opportuni ties for joggers, walkers,
bicyclers, and passive recreational activities, such as
sight-seeing, picnicking, beach combing, nature walks,
fishing, birding, and observation of marine commerce in
the Harbor. The construction of the access areas will
significantly increase the recreational facilities within
the City of Port Angeles.
Conclusions:
A. The proposal is consistent with the Port Angeles Shore-
line Master Program; specifically General Regulations C.2
and C.5; Land Use Elements D.2, D.4, and D.6i Natural
Systems Element E.1.ai and Recreation Use Regulations
F.19, a through d.
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B. The proposal is consistent with the City's Comprehensive
Parks and Recreation Plan.
c.
The proposal implements the City's adopted Port Angeles
Urban Waterfront Trail Plan.
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PLANNING COMMISSION
September 12, 1990
Page 11
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D.
The proposal is consistent with the city's Comprehensive
Plan, specifically circulation Policies Nos. 7 and 10,
Parks and Recreation Pol icy No.3, and Urban Design
policy No.2.
Mr. Anabel seconded the motion, which passed unanimously.
STREET VACATION PETITION - STV-90 (09) 04 - RICHARD L.
GRIMSLEY, ET AL - East sixth street west of Liberty
Street: A petition to vacate a portion of the Sixth
Street right-of-way west of Libertv Street.
Chairman Leonard stepped down from the dais due to a possible
appearance of fairness problem. Vice-Chairman Gruver assumed
the chair and opened the public hearing. Mr. Beck reviewed
the Department Report and displayed a map of the current and
previous vacation proposals.
Richard L. Grimsley, 1301 East Sixth Street, stated that the
original vacation put the road over a bank which would have
been a lengthy process to resolve.
Following lengthy discussion and considerable review of the
previous and current proposals, Vice-Chairman Gruver closed
the public hearing.
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Mr. Hulett questioned staff concerning the Thomases' property
which had been included in the original request but left out
of the new proposal.
Mr. Beck noted that Mr. Thomas had been sent a copy of the
Department Report and an agenda.
Doris Lee, 1235 East Sixth Street, in response to a question
from the Commission concerning Lot 17, Block 190, which is
owned by Ms. Lee, noted that she would not object to all her
property being included in the vacation, to more closely
resemble the previously approved street vacation.
It was the consensus of the Commission to include the
Hopfners' property in this petition, which had been included
in the previous street vacation request, in order to make the
current request more closely resemble the previous request,
already approved by the City Council, and considered to be s
public benefit.
Mr. Hulett moved to approve the street vacation petition as
submitted, subject to the following condition:
A.
That the property owned by Mr. Hpofner and Mrs. Lee (the
east 30 feet of Lot 2, Block 211, and Lot 17, Block 190),
be included in the street vacation request, and that Mr.
Hopfner submit a written agreement to that effect for the
file. This recommendation is made citing the following
findings and conclusions:
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PLANNING COMMISSION
September 12, 1990
Page 12
Findinqs:
1. street Vacation Petition No. STV-90(04)01 was approved
by the City Council through Ordinance No. 2589. This
street vacation includes the property under the proposed
vacation, and several other adjacent lots. This street
vacation was approved subj ect to the following
conditions:
An easement to access utility facilities will be
provided and a 20-foot non-exclusive easement for
ingress and egress shall be formally granted to the
City and to the owners of property adjacent to the
right-of-way vacated herein by written easements in
a form acceptable to the City from the owners of the
property adjacent to said street.
All properties under a single ownership shall be
combined through the Zoning Lot Covenant process.
2. The Planning Commission and City Council have determined
previously that vacation of a large portion of the Sixth
Street right-of-way is in the public interest.
3.
Vacation of the subj ect right-of-way would place the
property on the City's tax rolls and be in the public
interest.
4. Sixth Street in this location is undeveloped and unneces-
sary to traffic circulation in the area.
5. The Light Department has indicated that an easement
across the vacated Sixth Street and Mr. Grimsley's
property will be required for access to maintain power
poles in the area.
6. The Fire Department has indicated that a 20-foot access
road should be maintained to Lots 17 and 18.
7. Based on the applicant's testimony, the street vacation
approved by Ordinance No. 2589 would not be finalized,
due to the location of the existing access road.
Conclusions:
A. Vacation of this portion of Sixth Street is in the public
use and interest and would be a public benefit.
Mr. Anabel seconded the motion, which passed unanimously.
Chairman Leonard rejoined the commission.
It was the consensus of the Commission to extend the meeting
to 11:00 P.M.
PLANNING COMMISSION
September 12, 1990
Page 13
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ZONING CODE AMENDMENT - ZCA-90(09)05 - M & R TIMBER -
City-Wide: A proposed amendment to the Zoning Code in
order to allow all residential dwelling types as a
conditional use in a Planned Residential Development.
Chairman Leonard stepped down to an appearance of fairness
question and left the meeting room. Vice-Chairman Gruver
opened the public hearing. Mr. Beck reviewed the Depar~ment
Report recommending approval of the Zoning Code Amendment.
Don Corson, Manager of Planning and Development for M & R
Timber Company, representing M & R Timber Company, presented
a display depicting a hypothetical situation which could occur
if the Code amendment is approved and at present, and pointed
out the disadvantages of the present regulations and the
advantages of the proposal. He stated that the proposal would
allow more concentration of open space, availability of narrow
view corridors , community control over site development,
design flexibility to allow the best management of site
values, slope erosion control could be minimized, and better
views would be available if the proposal were to be approved.
.
Mr. Roberts, 1212 West Fourth Street, a neighbor in the area,
was present to oppose the Zoning Code Amendment. Mr. Roberts
stated that the proposal, as submitted, would cut off the
views of the surrounding residential areas, and asked Mr.
Corson if this proposal is for condominiums.
Chairman Gruver explained to Mr. Roberts that the hypothetical
situation as displayed by Mr. Corson should be considered an
example, not site-specific.
Mr. Roberts thanked the Chairman for this direction, but
stated that if this proposal is for the Fourth Street area,
it would indeed impact the area and should be explored more
thoroughly.
Steve Streeter, 1233 West Fifth street, opposed the proposal.
He stated he had just become a resident of the City of Port
Angeles in the "F" street area and was obj ecting to the
proposal, as it would block his view.
Mr. Hulett and Ms. Davison again noted this is not a site-
specific proposal but is City-wide in its scope and should be
considered for all properties within the City, and not for
the area which the project display may have resembled.
Mr. streeter noted that he had been a councilman in the Oregon
area for some time, and urged the Planning Commission not to
make a mistake which could affect the people on Fourth street.
.
Stan Hicks, Fourth and "E" Streets, opposed the Zoning Code
Amendment for property which may be developed on Fourth
Street.
PLANNING COMMISSION
September 12, 1990
Page 14
.
Joe Michalczik, 520 West Third street, expressed opposition
to the Zoning Code Amendment proposed. Mr. Michalczik stated
that the Commission should give more consideration to a
proposal of this type.
Mr. Hulett noted that through this Zoning Code Amendment
proposal to add all residential building types and uses
classified as conditional uses in the underlying zoning
district as conditional uses in Planned Residential Develop-
ments, the Planning Commission and City Council would have
more control over development in certain areas pertaining to
setback, height, grouping of buildings, and open space than
would presently be allowed in those zoning districts.
Vice-Chairman Gruver noted that the proposal, as presented,
allows more flexibility and control in PRD situations than is
presently available.
Mr. Beck stated that all residential building types would be
conditional uses, and in order to approve a conditional use
permit, the Planning Commission has to make a specific finding
that the proposals would be consistent with surrounding land
uses, which would result in more control than is presently
built into the Ordinance.
.
Mr. Michalczik noted that his main concern is that one
developer is asking to change the Ordinance based on the fact
that he has a site problem with property which he is develop-
ing.
Marcella Streeter, 1233 West Fifth street, stated that it is
a pleasure to walk the Fourth street alley near her home and
view the Harbor. She stated this proposal would be an open
door to condominiums on the bluff, and development of the
bluff areas should be taken very seriously, as bluffs are very
fragile.
Bill Dawson, 1244 West Fourth street, expressed concerns with
development on the bluffs.
Mr. Hulett reiterated this is not a site-specific proposal and
should be looked at in view of the entire City zoning
Ordinance.
Mr. streeter again requested the Commission do more study on
this issue and not respond to a specific builder's request at
this time.
The Commissioners explained in detail that this is not a site-
specific issue and should not be considered as one.
.
Don Corson said that the public use and public controls would
be stronger with the passage of this amendment. The amendment
allows for infill of awkward sites throughout town.
"
.
.
.
\
PLANNING COMMISSION
September 12, 1990
Page 15
There being no further comment, Vice-Chairman Gruver closed
the public hearing.
Ms. Davison stated she is not comfortable with the issue at
present.
Mr. Philpott noted that perhaps there are means other than a
Zoning Code Amendment to achieve the proposed results and
suggested postponement of this action at this time.
Mr. Beck noted this is an application which is before the
Commission, and in order to duly process the application, the
applicant is entitled to some form of action in a timely
fashion.
Vice-Chairman Gruver noted that if it is the belief that mixed
residential uses are possible and appropriate, then the only
logical alternative is to allow mixed uses, and the condi-
tional use element of the Planned Residential community allows
strong control for the city and its residents.
Mr. Anabel stated that he, too, was uncomfortable with the
proposal at the present, and opted for a postponement for more
information and comprehensive study.
Vice-Chairman Gruver stressed that the PRD conditional use
permit process can totally control a development and is more
completely encompassing than a rezone allows for control of
mixed uses.
Mr. Hulett moved to re-open the public hearing and continue
it to October 10, 1990. Ms. Davison seconded the motion,
which passed unanimously.
Chairman Leonard rejoined the Commission.
Mr. Hulett moved to continue the agenda items beyond 11:00
P.M. Mr. Anabel seconded the motion, which failed 3 - 3.
Chairman Leonard noted that the remaining item, the Hart short
plat appeal will be placed on the October 10, 1990, meeting.
VI OLD BUSINESS
WITHDRAWAL OF PERMIT APPLICATION
OLYMPIC MEMORIAL HOSPITAL.
SMA-90(07) 109
Ms. Davison stepped down due to an appearance of fairness
problem.
Mr. Gruver moved to accept withdrawal of the Shoreline Permit
submitted by Olympic Memorial Hospital. Mr. Hulett seconded
the motion, which passed 5 - O.
Ms. Davison returned to the dais.
PLANNING COMMISSION
September 12, 1990
Page 16
. VII COMMUNICATIONS FROM THE PUBLIC
None.
VIII STAFF REPORTS
None.
IX REPORTS OF COMMISSIONERS
Mr. Philpott questioned the status of the Thunderbird Boat-
house. Mr. Beck noted he had visited the site, and at his
last visit, the Boathouse was coming into compliance with the
Conditional Use Permit requirements.
Mr. Philpott also noted that it was difficult to hear the
Commission and audience participation in the meeting tonight
and requested staff investigate the sound system problem.
X ADJOURNMENT
Mr. Anabel moved to adjourn the meeting
Hulett seconded the motion, which passed
.
Secretary
at 11:48 P.M.
7nimOUSIY.
SR: LM
PLAN. 376
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