HomeMy WebLinkAboutMinutes 05/28/2014 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 28, 2014
6:00 p.m.
ROLL CALL
Members Present: Thomas Davis (by phone), David Miller, Tim Boyle,
NancyPowers, Scott Headrick, George Reimlinger
Members Absent/Excused: Duane Morris
Staff Present: Nathan West, Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Jesse Waknitz, Vivian Wai, Malik Atwater, Grover Grady,
Joe Smillie
PLEDGE OF ALLEGIANCE
Chair Reimlinger opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Reimlinger moved to approve the regular meeting minutes of May 14, 2014.
The motion was seconded by Commissioner Boyle and passed 4-0 with Commissioner
Powers abstaining due to her not being a member of the Commission at that time.
PUBLIC HEARINGS:
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT—SMA 14-02 —
PORT OF PORT ANGELES: 1305 Marine Drive: Proposal to repair and
rebuild marina boat ramps in the Industrial Heavy zone.
Chair Headrick read the qualifying questions for quasi judicial proceedings to the
Commissioners. All Commissioners responded that they had no Appearance of Fairness issues
to report. The Chair then reviewed the quasi judicial public hearing procedures for audience
members. No concerns were noted.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
Shoreline Substantial Development Permit. Chair Headrick opened the public hearing.
Jesse Walwitz, Port of Port Angeles indicated that the work is much needed maintenance. The
current ramp was installed in 1970's and at low tide there is some damage to the ramp that is
apparent and causes issues for the public using the ramp and dock facilities. The current ramp is
approximately 30 feet wide and will be slightly widened to approximately 46 feet wide. Existing
damage to concrete that is at low tide level will be replaced.
Planning Commission Minwes
May 28,2014
Page 2
In response to Commissioner Reimlinger, Mr. Waknitz answered that the lifespan for the new
ramp is 20-30 years. Construction of the ramp is dependent on grant funding from the State of
Washington Recreation Conservation Organization. It is expected that funds will be available in
2015.
There being no further testimony, Chair Headrick closed the public hearing.
Commissioner Miller moved to approve the Shoreline Substantial Development subject to
the following conditions, findings, and conclusions:
Conditions
1. The applicant is responsible for obtaining all necessary permits from local, state, and
federal agencies with jurisdiction. Verification of permit issuance shall be supplied to the
City prior to commencement of any site alteration or construction activities.
2. The applicant shall prepare an inadvertent discovery plan for the unanticipated discovery
of archaeological materials during construction activities. The plan shall be prepared and
submitted to the City prior to commencement of work.
Findings
Based on the information provided in the May 28, 2014, Staff Report for SMA 14-02 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. Shoreline Substantial Development Permit application SMA 14-02 was submitted by the
Port of Port Angeles on April 4, 2014, to reconstruct a boat launch ramp at the west Boat
Haven marina area, 1305 Marine Drive.
2. A Mitigated Determination of Non-Significance (MDNS) was issued for the proposal per
WAC 197-11-340(2) by the Port of Port Angeles SEPA Responsible Official on January
23, 2014.
3. Reviewing Departmental comments were considered in formulating a recommendation
for the proposed activity. The proposed work may require a permit from the Washington
State Department of Fish and Wildlife.
4. Notice of the project was published in the Peninsula Daily News on April 18, 2014. The
site was posted on April 16, 2014.
5. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance
and critical areas ordinances including Floodplain review have been reviewed with
respect to this application. The site is designated Industrial on the City's Comprehensive
Plan Land Use Map, Industrial Heavy in the City's Zoning Ordinance, and Urban-Harbor
and Aquatic Harbor in the City's Shoreline Master Program.
6. The following adopted City policies are most relevant to the proposed project and are
detailed in full as attachments to the May 28, 2014, staff report:
Comprehensive Plan Land Use Element Goal J, Policy I & 2; and Goal K; Conservation
Element Goal A, Economic Development Element Goal C.
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Mqv 28,2014
Page 3
Zoning Ordinance allows marinas and boat havens as a permitted uses per PAMC
17.34.020(M). A boat launch ramp is an expected use in a boat haven or marina.
Shoreline Master Program Urban-Harbor and Aquatic Harbor designations and Chapter
4, Policies A-1; B-1 and 2, D-1; and K-1 —3 and 5; Chapter 5, Management
Policies D-1 —3; F-1 —5.
7. The work site is partially located in a 100-year flood zone as indicated on FIRM
Community Panel number 530023 0002 C dated September 28, 1990 (Flood Insurance
Rate Map). The marine area is described as V1, areas of 100-year coastal flooding with
wind and wave velocity. Adjacent upland portions of the project are designated as zone
C, areas of minimal flooding. In accordance with Section 15.12.240 PAMC, the
shoreline substantial development permit acts as the necessary floodplain permit.
Conclusions
Based on the information provided in the May 28, 2014, Staff Report for SMA 14-02 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 proposed project as conditioned is consistent with the City's Comprehensive Plan,
Zoning Ordinance, and current Shoreline Master Program.
B. The shoreline substantial development permit was processed in accordance with such
permits per WAC 173-27.
C. As conditioned, the proposal meets the criteria for a shoreline substantial development
permit and will provide the public with safe, adequate recreational access to the
shoreline.
D. As conditioned, the proposed project will not diminish public use of lands or waters and
is in the public interest.
The motion was seconded by Commissioner Boyle and passed 6-0.
CONDITIONAL USE PERMIT—CUP 14-04—ATWATER/WAI:
536 Marine Drive: Retail Sales of Recreational Marijuana in the Industrial Light
zone.
Chair Headrick read the qualifying questions for quasi judicial proceedings to the
Commissioners. All Commissioners responded that they had no Appearance of Fairness issues
to report. The Chair then reviewed the quasi judicial public hearing procedures for audience
members. No concerns were noted.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
conditional use permit with conditions. Chair Headrick opened the public hearing.
Vivian Wai and Malik Atwater, 6421 S. Mt. Angeles Road, were present for questions. They
agreed that all of the information presented was correct to the best of their knowledge. They had
nothing further to add.
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Commissioner Reimlinger asked if Mr. Atwater and Ms. Wai have a financial interest in the
abutting restaurant. Mr. Atwater responded that he and Ms. Wai own the restaurant. Mr.
Atwater said that he would like to provide access from the rear parking area if building
construction will allow. Original building construction and design presents some unique issues
given the long hallway to the parking area, which is troublesome. He would like to use the rear
parking area for the use.
Planning Manager Roberds noted a letter in the file dated received June 17, 2014, stating
objection to the use from Sunset Wire Rope. The letter was provided to the applicants prior to
the meeting.
There being no further testimony, Chair Headrick closed the public hearing.
Commissioner Miller noted that the main concern from Sunset Wire Rope was people walking
around the area that could be addressed by use of the rear parking area for access to the site. A
discussion regarding hours of operation began, during which Planner Johns noted that State law
allows hours of operation for this type of use to be between 8AM and 12 PM.
Commissioner Powers noted that the application indicates a desire to conduct business Monday
through Saturday 11 AM to 9 PM.
Planner Johns stated that there has been no precedent set with this type of new use and, as
conditional use permits are approved for an initial one year period, an amendment or adjustment
to the conditions of approval could be made following that first period of operation.
Discussion regarding off street parking for the use continued with the comment made that on
street parking is at a premium in this high traffic location. The general consensus was that the
operator and customers would prefer to park off street at the rear of the structure if possible.
Following discussion regarding location of the off street parking area at the rear of the site, that
is accessed by a sidewalk around the site, and operational hours and days of the week,
Commissioner Reimlinger moved to approve the conditional use permit with 4 conditions,
15 findings, and 3 conclusions as follows:
Conditions:
1. The conditional use approved for Malik Atwater and Vivian Wai to operate a recreational
marijuana retail activity as licensed by the State of Washington for a period of one year at
536 Marine Drive as is described in CUP 14-04.
2. The applicant shall obtain all necessary permits and comply with all legal and regulatory
obligations.
3. If the business expands into a larger portion of the structure than proposed in the
application materials, the applicant shall contact the City to determine additional parking
requirements and compliance with CUP 14-04.
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4. Hours Of operation shall bc allowed from ]}:V0a.co. tnq:00p.ul.` Monday through
Saturday, as atu1zd in the application materials.
Findings:
Based ou the information provided iu the Community Development Staff Report for CUP 14-04
dated May 28, 2014, including all io[ouna1inu iu the public record file, oou)u/eu1x and testimony
presented during the public hearing, the P{nuuiog Commission discussion and dc}ibczo1inu, and
the above listed conditions of approval, the City of Port Angeles Planning Commission hereby
finds that:
I. Malik Atwater and Vivian Wai submitted Conditional Use Permit CUP 14-04
application to allow the ao/e of recreational marijuana per State Initiative 502 from a
building located in the Cih/`S Industrial Light (IL) zone at 536 Marine Drive.
2. The proposed site is described as Lots 9 and 10, Block 49, Townsite of Port Angeles and
coo\uiva 14,154 ygnorc feet n[area. The subject site area includes warehousing, boat
manufacturing and repair, ahuzdvvorc ab)re° and log handling uses. Residential uses are
}n:u1ed within 250 feet o[the site and 750 feet coat of the site in the {[ zone. Residential
uses are nonconforming in the TT. zone and the residential uaoa south of the site are
physically separated from the proposed use bya steep marine bluff.
3. The site is zoned Iudna1rio} Light(IL). Surrounding zoning includes Public Buildings
and Parks P[)P on the steep hillside south ofthe site, Industrial }}covy Ull\ directly north
across Marine Drive, Industrial [.ight (lT.) directly vvcatacross Cedar Sbeotand east oF
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the site to \/o}lcy, with Commercial Arterial (CA) located approximately 400 feet tothe
east o[the site.
4. The site is located in the City's Harbor Planning Area. The Comprehensive P[uu
designates the site as Todoobia]. Adjacent designations are also Industrial with an
imprecise margin located approximately 265 feet east anporo1iug the {uduabiu}
designation from the Commercial du8igoo1inu.
5. Some retail oocs are listed as permitted in the IL zone. Sales of recreational onuz'uanm
has not been considered io the Port Angeles Municipal Code due to its recent legalization
in nVoahin21ou State. /\ conditional use in the {{. zone is required to permit "Other uses
compatible with the purpose Of this Chapter" per PANIC 17.32.040(B)(l0).
h. Per Section 17.32.A20 PANIC, the purpose of the Industrial Light zone is ''... intended/o
crou/u onr//?roxorvo areas.for /noux/r/u/oxox that are /u/gr/v devoid«fox/or/or
nuisances... such uvnoise, glare, air and water pollution, undfiro and xof�/y hazards un
uul*uoox/mon-imuux/r/u//,roporh{ and do not have un exceptional demand oil^pub//c
fiac/////ux. The yog?noc sto3ecoord further otn1ee that "Wh//u industrial un(/no/xn,urc/o/
uxox /hu/urx /«'g'/vdevuid»fo»y /ny/uotvde/r/nvox/u//o1hoonv/ruo/nen/ure
allowed.....^9o/fer/ng measures /o reduce the impact»f/nuuuA'/u/uses oil nearby
ros/uen//o/ uses may be required''l1 is necessary for the Planning Commission to
determine that the proposed retail use ia not in conflict with other uses permitted iu the ][
zone.
/ 7. Per l7.9b.U5UP/\K8C, the Planning LozuzoiaaioumbuUconsider uppUcolionmfor
-~' conditional use permits as specified in the applicable Chapter of the Zoning Regulations.
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Page
The Planning Commission may grant permits that are consistent and 000zpo1ib[u with the
purpose n[the zone io which the use io located, consistent with the Comprehensive Plan,
and not contrary to the public use and interest. lu each application the Planning
Commission may impose whatever restrictions ox conditions are considered essential to
protect the public health, safety, welfare, and to prevent depreciation o[neighboring
property. The Planning Commission may refuse to issue a conditional use permit if the
characteristics of the intended use would defeat the purpose of the City's zoning
regulations.
8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Element Commercial; Goal TJ, Policy [).l, & Goal E; Transportation Element
Policies E}.}4 & l6; Economic Development Element Goal /\. Policy 4; were found tobo
most relevant to the proposal.
4. Chapter 14.40 pAMC Table }\requires one (I) parking space for each 300 square feet o[
retail space. The proposed use will occupy approximately gU0 square feet of area iuthe
unused portion of the structure. Per 14.40 PAMC, retail stores are required to provide
one parking space for every 300 square feet ofretail space. This will require that 3
parking spaces bcprovided for the retail use. Adequate off street parking iS available 10
meet the needs of both on-site uses in the site's 20 space off street parking area.
10. A development that ioapproved through the conditional use permit process must remain
in continual compliance with specific conditions of approval or may be revoked.
ll. Reviewing City Departmental comments were considered io the review ofthis
uyp\icudio o� Structural changes ocremodel i}l require appropriate building permits.
12. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News ou May {l, 20l4, posted ou the site oo May 8' 20]4, and
mailed to property owuzccw within 300 feet nfthe subject property on May A, 2014. /\
letter from Sunset Wire Rope received on May 27, 2014, stating opposition to the
proposed use was read into the record.
13. A Determination of Non-Significance was issued for the proposed action on May 26,
2014.
14. The Planning Commission conducted a public hearing on the proposal at the May 28,
20l4, regular meeting. A letter from Sunset Wire Rope dated May 27, 30I4` was
identified as being received after close of the nri11oo comment period. The letter was
provided to the applicant prior\o the meeting and iS part of the record.
15. Per Section 17.06.070(I)\ P/\MC, conditional use permits become void after one (l) year
if the use ln which the permit im approved has not commenced. Ez\ouaioua of approved
conditional use permits shall be considered iu accordance with the same procedures aSfor
the original permit and maybe granted for uperiod of one /l\ to Five (5) years provided
that the pczinitimin compliance with the conditions of approval and that there have been
uo adverse changes iucircumstances. lfnu extension iodesired beyond the first year of
operation, the applicant is responsible for making a written request prior to expiration of
the permit.
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May 28,2014
Page 7
Conclusions:
Based on the information provided in the Department of Community & Economic Development
Staff Report for CUP 14-04 May 28, 2014, including all of the information in the public record
file, comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
I The proposal was processed consistent with requirements for approval of a conditional
use permit as specified in Section17.96.050 PANIC.
2. The proposal is consistent with Chapter 14.40 (Parking Ordinance) PAMC.
3. As conditioned, the use will not be detrimental to the public interest, safety, or welfare,
and is consistent with state law.
Commissioner Boyle seconded the motion that passed unanimously.
MUNICIPAL CODE AMENDMENT—MCA 14-02 STREET TREE
ORDINANCE: Add a new Section to the Port Angeles Municipal Code to
address the responsibility and management of street trees.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
conditional use permit. Chair Headrick opened the public hearing.
Commissioner Powers asked if this ordinance will require hiring another employee to manage
the program. Will the position be collaborative or is there someone already on staff that will take
on the responsibilities of the Community Forester?
Planner Johns noted that the ordinance doesn't specify a department and the responsibilities
will be shared by departments that currently have budgets for managing some of these
responsibilities..
Director West noted that Planner Johns has been performing the duties of the Community
Forester for quite awhile. Flexibility is built into the ordinance to allow responsibilities to be
shared between three departments that currently have responsibilities for vegetative maintenance
without having that directive being in ordinance.
Chair Headrick felt that the ordinance requires more responsibility for private property owners
to maintain the public property adjacent to their property. Commissioner Reimlinger agreed.
Director West stated that it is difficult to find funds to fulfil many Council priorities. The
current PAMC requires residents to maintain rights of way along their property ownership. This
responsibility is common across the country and has been in place for some time in Port Angeles.
Many property owners may not be aware of the law.
Planner Johns said that the intent of the ordinance is to coordinate what is currently being done
and current law without adding more burden to property owners. The ordinance is intended to
Planning Commission Minutes
May 28,2014
Page 8
educate and assist property owners in proper maintenance of abutting rights-of-way. This
ordinance does not criminalize citizens who don't cooperate but allows declaration of a nuisance
if a dangerous situation is occurring that is not be addressed by adjacent property owner. The
ordinance does not put an onus on a property owner that does not already exist.
In response to Commissioner Reimlinger, Mr. Johns noted that the next steps in making the
public aware of this ordinance and its requirements would allow an application for Port Angeles
to apply for Tree City USA status. Outreach to the public could be done through newspaper
articles and programs that encourage public attendance and involvement.
Commissioner Miller asked when a fee in lieu of plantings would be required. Planner Johns
responded that there may be situations where circumstances exist that prevent expected plantings
in normally required locations when developing properties for commercial or subdivision uses.
In those instances, a fee in lieu of the plantings could be taken to allow plantings in another
location that would result in the expected increase in canopy.
Chair Headrick opened the public hearing. There being no public testimony, Chair
Headrick closed the public hearing.
Discussion ensued regarding a property owner's responsibility to remove damaged, or dead trees
from the public right-of-way. Commissioner Headrick continued to express concern over trees
in the ROW that have become damaged either by poor maintenance or for other reasons that
could result in great expense for the adjacent property owner to remove. Mr. Johns noted that in
some instances the City is able to pay for the removal of danger trees in rights-of-way (ROW).
The City's Public Works and Utilities Department spends thousands of dollars each year to
maintain and remove danger trees. Mr. Johns reiterated that the basis of the ordinance is to
provide education to property owners in the maintenance of trees and to provide a format for the
increase of tree canopy in the City and provide information regarding the benefit of trees to the
public.
Commissioner Boyle sees the ordinance as an excellent starting point in creating a better
community atmosphere. Amendments can be made during the next year if found to be needed.
Planner Johns said that one reason for notification to the Community Forester of the removal or
planting of trees is to maintain an inventory of streetscape trees.
Commissioner Miller moved to recommend approval of the Street Tree Ordinance. The
motion was seconded by Commissioner Boyle seconded and passed 6-0
COMMUNICATIONS FROM THE PUBLIC
None
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MaY 28,2014
Page 9
STAFF REPORTS
Director West welcomed Nancy Powers back to the Planning Commission. He informed
Commissioners that staff will be moving forward with a contract for work on Phase 11 of the
Waterfront Improvement Project on June 3, and thanked the Planning Commission for
consideration of the Street Tree Ordinance
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
0e,
Sue Roberds, SecIretary Scott Hekr)ck, Chair
PREPARED BY: S. Roberds