HomeMy WebLinkAboutMinutes 01/12/2000
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~ORT.ANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
January 12,2000
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of December 8, 1999.
IV. PUBLIC HEARINGS:
1.
REZONE REQUEST - REZ 00-01 - CLALLAM COUNTY
HOUSING AUTHORITY. located between Eunice and Francis Streets
and between Lauridsen Boulevard and Park Avenue: A proposal to rezone
an area historically developed as a low income housing development from
RS-7, Residential Single Family, to RMD, Residential Medium Density.
2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
APPLICATION - SMA 00-01 - PUGET SOUND PILOTS - 305 Ediz
Hook Road: A proposal to expand the current facility to allow berthing of
larger boats and to accommodate future staff. The proposal includes
replacement of unsound creosote piling. (Due to SEP A timelines, this item
will be continued to the January 26 meeting.)
3. SHORELINE SUBS! ANTIAL DEVELOPMENT PERMIT
APPLICATION - SMAOO-02-DAISHOWAAMERICA.1902Marine
Drive: A proposal to install an additional above ground tank within the
existing perimeter containment walls of the tank farm.
V. OTHER BUSINESS
PLANNING COMMISSION: Fred Hewins (Chair) .Dean Reed (Vice),Bob King, LindaNutter,Dean Reed,Fred Norton, Bob Philpott, Chuck Schramm
PLANNING STAFF: Brad Collins, Planning Director, David Sawyer,Senior Planner, Sue Roberds.Planning Specialist
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VIII.
IX.
COMMUNICATIONS FROM THE PUBLIC
STAFF REPORTS
Report on status of Planning Commission's recommendation regarding the
December, 1999, administrative ordinance amendments.
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
PLANNING COMMISSIONERS: Mary Craver (Chair);Fred Hewins(Vice);Bob King,Linda Nutter,Dean Reed,Fred Nlrton,Jason Robotkay
PLANNING STAFF: Brad Collins, Planning Director; David Sawyer, Senior Planner; Sue Roberds. Planning Specialist.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
January 12, 2000
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins,
Dean Reed, Bob King, Chuck Schramm
Members Absent:
None
Staff Present:
Brad Collins, Dan McKeen
Public Present:
Vem Sohlberg, Paul Perlwitz
APPROVAL OF MINUTES
Commissioner Nutter moved to approve the December 8, 1999, meeting minutes as
presented. The motion was seconded by Commissioner Philpott and passed
unanimously.
PUBLIC HEARINGS:
REZONE APPLICATION - REZ 00-01 - CLALLAM COUNTY HOUSING
AUTHORITY. between Eunice and Francis Streets and Lauridsen Boulevard and
Park Avenue: Request to rezone property from Residential Single Family (RS-7) to
Residential Medium Density (RMD).
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the rezone application. He responded to a question from Commissioner Norton
that this action is not due to anything other than the desire to rectify the inappropriate zoning
of the site due to its historic development. Chair Hewins opened the public hearing.
Vern Soli/berg, 821 West 10tllStreet, modernization for the Clallam County Housing
Authority, agreed with the staffs recommendation for approval of the rezone. He was
available for questions.
There being no further testimony, Chair Hewins closed the public hearing.
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Following limited discussion, Commissioner Reed moved to recommend that the City
Council approve the rezone as requested citing the following findings and conclusions:
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Planning Commission Minutes - January J 1. 1000
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Findings:
1. The proposal is to rezone approximately 18 acres from Residential Single Family
(RS-7) to Residential Medium Density (RMD).
2. The Comprehensive Plan designates the area as Medium Density Residential (MDR).
3. Some single family structures exist on the site, but it is mostly developed with duplex
and four plex structures. I ,
4. The subj ect property was granted to the Clallam county Housing Authority by the
Federal Government following its development and use for military housing. The
property was granted to the local Housing Authority in March, 1941.
5. Office uses are not permitted in residential zones. Certain office and support uses are
permitted by conditional use permit in the RS-7, Residential Single Family zone by
a public housing authority on public housing authority properties.
6.
A conditional use permit was approved (CUP99-02) to allow an office, maintenance
structures, and a boys and girls club for residents of the Housing Authority site in
1999.
7. Surrounding uses are residential. Most were developed following or during the same
time period that the supject'housing authority development was established.
8. The site abuts the Peabody Creek Ravine, which is zoned Public Buildings and Parks
(PBP).
9. The Comprehensive Plan Land Use Element Policies Al and A2 establish the need
for land use decisions to be consistent with the Plan.
10 The SEP A Responsible Official issued a Determination of Non-Significance and
Adoption of a Previous Document (#892) for the proposal on January 7, 2000.
11. The public comment period for this application ran from December 23, 1999, to
January 7, 2000. No written or verbal comments were received during that time
period.
Conclusions:
A.
The proposed rezone is compatible with surrounding land uses and recognizes the
historical development ofthe site.
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Planning Commission Minflll!S - January /2. 2000
Page 3
B.
The rezone complies with the City's Comprehensive Plan, specifically Land Use
Element Policies Al and A2, and with the City's zoning regulations.
C. The rezone is in the public interest.
The motion was seconded by Commissioner King and passed unanimously.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-01 -
PUGET SOUND PILOTS. 305 Ediz Hook Road: Request for a permit to allow the
expansion of an existing dormitory and to berth larger vessels in the Industrial Heavy
zone. (This item should be continued to the January 26,2000 meeting).
Planning Director Collins noted that the need for continuation of this issue is due to the
requirement to fulfill the opportunity for other agency comment on the determination of
nonsignificance issued for the proposal. Chair Hewins opened the public hearing.
Commissioner Philpott moved to continue the public hearing to the January 26, 2000,
regular meeting. The motion was seconded by Commissioner Norton and passed
unanimously.
Planning Director Collins suggested that the agenda be reordered at this point as
Commissioner Reed would likely wish to be excused from the meeting due to a conflict of
interest issue with the next it~rr.. The agenda was reordered as follows.
STAFF REPORTS
Planning Director Collins explained that subsequent to the Planning Commission's decision
on December 8, 1999, with regard to Municipal Code Amendment MCA 99-02, the City
Attorney and Planning Department staff continued discussion with regard to keeping animals
within the City limits. It is the Planning Department's concurrence with the City Attorney's
office that because of the need to make additional changes to the body of the Zoning
Ordinance and to further expand the definition of animal husbandry and perhaps kennels and
house pets, that this issue should be separated from the other administrative amendments
contained in MCA 99-02 and look at the issue again at a later date. Therefore, that issue has
been removed from the ordinance under consideration by the City Council at this time. Chair
Hewins thanked Mr. Collins for the information.
Commissioner Reed left the meeting at this point due to a conflict of interest as an employee
of Daishowa America.
Planning Commission Mim/tl~s - January J 2, 2000
Page 4
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SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-02 -
DAISHOW A AMERICA. 1902 Marine Drive: A proposal to install an above
ground tank within the mill's existing tank farm.
Planning Director Collins reviewed the Planning Department's report recommending
approval of the application adding additional Comprehensive Plan and Shoreline Master
Program policies and regulations. He noted that the flood zone location was mitigated by
improvements for the new tank. Chair Hewins opened the public hearing.
Paul Perlwitz, 1902 Marine Drive, stated that the mill's waste water treatment plant was
originally installed in 1978 and contained a tank farm that was encircled with the concrete
wall that currently exists. Space was reserved within that enclosure for future tank
installation. A pennanent tank is now needed for polymer storage. A new concrete floor
will be installed within the enclosure to replace the existing gravel bottom. The floor will
then be impermeable with a new drainage system in place.
There being no further testimony, Chair Hewins closed the public hearing.
Following brief discussion, Commissioner King moved to approve the shoreline
substantial development permit citing the following conditions, findings and
conclusions:
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Conditions of Approval
1. Approval is for the project as submitted by the applicant and identified as Attachment
B to the January 12,2000, Planning Department Staff Report for SMA 00-02 and as
hereby conditioned.
2 If the subject site has not been previously inventoried, evaluated, and reviewed to the
satisfaction ofthe 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 KlalIam Tribe, the site owner, and the City
Planning Department. This team shall determine 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 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.
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3.
The project shall comply with all regulations of the City's Shoreline Master Program,
specifically those of Chapters 4, 5, 6 and 7.
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Planning Commission Minutes - January 12. 1000
Pnge 5
4.
The proposed project shall me~t all federal, state, and local requirements.
Findings
Based on the information provided in the January 12, 2000 Staff Report for SMA-00-02
(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. The applicant, Daishowa America, applied for a Shoreline Substantial Development
Permit on November 16, 1999. The application was determined to be complete on
November 17, 1999. The application is identified as Attachment B to the January 12,
2000, Planning Department Staff Report for SMA 00-02.
2. A Determination of Non-Significance (DNS #890) was issued by the City of Port
Angeles SEP A Responsible Official for the proposal on January 6, 2000.
3. In accordance with legal requirements of the City of Port Angeles and the State of
Washington, the notice of application and subsequent hearing process was advertised
in the Peninsula Daily News' legal section on November 24, 1999.
4.
The applicant is proposing to install an above ground tank located within the mill's
existing tank farm.
5. The installation will include a new concrete floor for the tank farm, a concrete pad
for the new tank, a 15' high by 8' diameter tank and associated piping and control
equipment.
6. The tank will provide improved storage and dispensing of a polymer compound used
in the mill's wastewater treatment system.
7. The site's Comprehensive Plan designation is Industrial [I], its zoning is Industrial,
Heavy [IH], and its Shoreline Designation is Urban-Harbor [UH]. Related
Comprehensive Plan and Shoreline Master Program policies are included in
Attachment C to the January 12,2000 Staff Report for SMA 00-02.
8. The proposed project is a reinvestment in the use of the site as a major industrial
facility and improves the treatment of wastewater generated by the site and its use.
9. The use of the site as a pulp and paper mill is a permitted use in the ill and UH
designations.
10.
The City's waterfront trail runs along Marine Drive to the east of the existing tank
farm.
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Planning Commission Minutes - January 8, 2000
Page 6
11.
The Fire Department and Public Works Department both indicated they have no
comments or recommended conditions of approval regarding the application.
The public comment period ran from November 17, 1999 to December 24, 1999.
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13. The following AgencieslTribes were provided copies of the application and were
asked to comment: Department ofFish and Wildlife; Department of Ecology; Lower
Elwha Klallam Tribal Council; and the Army Corps of Engineers.
14. No letters of comment were received from the public or any other Agency or Tribe
regarding this application.
Conclusions
Based on the information provided in the January 12, 2000 Staff Report for SMAOO-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. As conditioned, the project is consistent with the City's Comprehensive Plan, Zoning
Ordinance, and Shoreline Master Program.
B.
The project is located in a previously developed portion of the site and no portion of
the proposed action is located over water.
C. As conditioned, the project will not be detrimental to the shoreline and aquatic
environment and will be an improvement to the site's wastewater treatment system.
D. As conditioned, the proposed project will enhance the public health, safety and
welfare.
E. As conditioned, the project will not interfere with public use of or access to public
lands or waters.
F. The State Environmental Policy Act requirements have been complied with.
The motion was seconded by Commissioner Nutter and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Planning Director Collins noted that Fire Marshall Dan McKeen has been promoted to
Acting Fire Chief with the resignation of Fire Chief Bruce Becker.
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Planning Commission Minutes - January' 8. 1000
Page 7
Mr. Collins indicated that Commissioner Reed will not be renewing his term on the Plaruring
Commission. Commissioner King will be renewing his tenn. We need to recruit a Plaruring
Commissioner to fill Mr. Reed's position.
Mr. Collins encouraged all Planning Commissioners to attend the upcoming Boards and
Commission reception which will be scheduled in late February or early March.
REPORTS OF COMMISSION MEMBERS
Commissioner Nutter invited anyone interested to attend the NonMotorized Advisory
Committee's next meeting at 7 p.m. on January 20. She stated that she has made numerous
inquiries regarding the filling ofan area along White's Creek (5/6 alley west of Penn Street)..
There have been no barriers placed for silt control at the site. The filling was done without
requisite permits or controls. She expressed concern that no noticeable code compliance is
in place when these things happen in the City. Does the City wish to handle these types of
enforcement issues or ignore them?
Mr. Collins noted that an application has been made for a substantial fill on the property in
question. The site is under r~view. There is a difference of opinion between the Public
Works Department and the Planning Department as to the definition of the White's Creek
ravine. We are trying to resolve that issue. He has walked the site and doesn't believe there
is any active erosion occurring into White's Creek from the initial fill that was placed there.
Whether or not it could slide is another issue, the fill is not engineered but is a very loose fill
on top of a lot of vegetation. It is possible that under heavy rains it could slide. As far as
current erosion with a silt fence, it is not something that is a problem. Obviously a silt fence
wouldn't prevent a landslide either. It is taking a little bit longer than normal because there
are questions as to what should be done including perhaps removing the fill that was placed
there earlier. The applicants proposal is to place 3000 cubic yards there, there are 300 cubic
yards there now. He will make a subsequent report to the Commission as to what transpires.
Commissioner Nutter was very disappointed that the City has not moved very well on this
matter. She did not appreciate the lack of enforcement in this action.
ADJOURNMENT
The meeting adjourned at 7:45 p.m.
~G.ro~
rad Collins, Secretary
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Fred Hewins, Chair
PREPARED BY: S. Roberds
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PLANNING COMMISSION ATTENDANCE ROSTER
AND SIGN UP SHEET
PLEASE SIGN IN
For the items listed on the Agenda of:
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Please read the following: If I testify, by signature below, rtify that my testimony is
true and correct under penalty of perjury by the laws of the State of Washington.
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