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HomeMy WebLinkAboutMinutes 01/22/2003 . . . I. 'PORT. A.; ] N., rGrEtJES ~ ' ~ WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street January 22,2003 CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of January 8, 2003 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continue to February 12, 2003.) 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 03-01 - W ASBINGTON STATE DEPARTMENT OF TRANSPORTATION. 1800 Block Marine Drive: Proposal to establish graving dock and related facilities and activities in the Itrlustrial, Heavy zone in and along the Port Angeles Harbor shoreline. 3. MUNICIPAL CODE AMENDMENT - MCA Ol-02(B) - CITY OF PORT ANGELES. City - wide (Continued from December 11. 2002): Consideration of the elimination of governmental regulations requiring prescribed business parking and allowing businesses to plan for their own parking needs in commercial and industrial zones. 4. CONDITIONAL USE PERMIT - CUP 03-02 ~ LARSON. 704 Marine Drive: A request to allow a delicatessen/cafe/food service activity in the Industrial, Heavy zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS; Chuck Schramm (Chair), Frcd Hewins (Vice), Fred Norton, Bob Philpott" Len Rasmusscn, Two Vaeaneics PLANNING STAFF: Brad Collins, Direetor; Scott Johns" Associate PIanller; Suc Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 22, 2003 7:00 p.m. ROLL CALL Mem bers Present: Bob Philpott, Fred Hewins, Fred Norton, Chuck Schramm, Leonard Rasmussen Members Excused: Two vacancies Staff Present: Brad Collins, Scott Johns Public Present: Linda Nutter, Bryan Larson, Patti Larson, John Clevenger, Daren Konopaski, Bob McCurdy, Dee McCurdy, Darlene Schanfald, Michael Quinn, Susan Bauer, Jerry Moore, Tim Smith, Aria Holzschuh, Dick Goodwin, HaIjit Bhalla, Jeff Sawyer APPROVAL OF MINUTES Commissioner Philpott moved to approve the January 8, 2003, minutes as presented. The motion was seconded by Commissioner Norton and passed 4 - 0 with Commissioner Rasmussen abstaining due to his absence from the January 8, 2003, meeting. PUBLIC HEARINGS: Chair Schramm informed those present that those who testify must sign an oath verifying that their testimony will be true to the best of their knowledge. CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continue to February 12, 2003.) Chair Schramm opened the continued public hearing. There being no public comments, and based on the memo asking for continuation at the applicant's request, Commissioner Philpott moved to continue the public hearing to the February 12,2003, regular meeting. The motion was seconded by Commissioner Hewins and passed 5 - O. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 03-01 - WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. 1800 Block Marine Drive: Proposal to establish a graving dock and related facilities and activities in the Industrial, Heavy zone in and along the Port Angeles Harbor shoreline. Planning Commission Minutes January 22. 2003 Page 2 . Associate Planner Johns presented the staff report recommending approval of the project. Two additional conditions related to shoreline mitigation and public access improvements were suggested. It was pointed out that the location and method of transport for placing soil at an off-site location was to be determined by the contractor and that the Shoreline Permit process was to review the graving dock use on the shoreline site only. Chair Schramm opened the public hearing. Jerry Moore, 1707 S. "C" Street, Washington State Department of Transportation, Project Manager, provided additional details on the construction and operation of the graving dock. He also explained that the project is on a fast track, but WSDOT is not attempting to circumvent any of the permitting process. He stated that an archaeological survey has been done and WSDOT is working with the Lower Elwha Klallam Tribe to protect cultural resources. WSDOT is also working with WDFW and NOAA Fisheries on shoreline mitigation issues. Mr. Moore discussed the issue of moving soil to the Rayonier Mill site and pointed out that additional soil testing will be done on all excavated soils. WSDOT, DOE, and Rayonier are working cooperatively to insure that any soils moved to the Rayonier Mill site will meet MTCA clean-up standards. A letter from Rayonier supporting the use of only clean soils on the mill site was read into the record. Upon question from the commission, Mr. Moore explained why Port Angeles was chosen for the graving dock site instead of using another existing location. It was also explained that WSDOT is still negotiating with the Port of Port Angeles as to how the graving dock would be used between WSDOT projects. . Tim Smith, Economic Development Director for the City of Port Angeles, spoke in favor of the proj ect, indicating both the short and long term economic benefits of the project. He presented letters of support from the Chamber of Commerce and the Port Angeles Economic Development Council. There being no further public comment, Chair Schramm closed the public hearing. Following discussion among the Planning Commission members, the issue of removing derelict materials from the adjacent waterfront was discussed. Chair Schramm asked Susan Bauer, Port of Port Angeles, Environmental and Land Use Planner, how the clean-up of the shoreline would be shared with WSDOT. Ms. Bauer stated that the Port of Port Angeles is obligated to clean- up the portion of shoreline that remains under Port control under a condition of a previous shoreline permit (SMA 02-09) by the end of2003, and that the work is under way. The Port is committed to, and fully intend to, complete the clean-up by the December 31, 2003, date. . Commissioner Hewins suggested that changes to two conditions be made. Those changes were to include the words "and approved" in conditions 2 and 3 after the word "reviewed" with the intent that the City of Port Angeles Public Works and Utilities Department would review and approve both a clearing and grading permit for soil stockpiled in the City, and a temporary Erosion and Sedimentation Plan for the entire project. w~rm;:.N CoN\.~re R...E.CE..lvQ> .p~ PttE,e. L. dJu~ . ~N~ :ScJ+ofV.lf,Ai,J) ~b 11/1 loa. fl.fI:.i.\IJO 'OJ Cc:w.no..I)N'I"j)) e:..V'~4--b f'Mi.N-r II 1<1 '(U/bo5 wE-!l.E. bt::.71'I'&~'b PL~o" 'ro .,......E- 1/22.-/03 y>c. .v..M';r1~4. Au.. Utw.1'AeN"MS v.3E.U. ~A-'b 'Bj Co.. ........, ''''s II '" eot.. ~'" ~.~ "Jl4> :l>.nt., "''i "Tll<:,.... b "-''aU!. 4-no.J / ~r"'11 D ~ Planning Commission Minutes January 22, 2003 Page 3 . Commissioner Philpott moved to approve SMA 03-01 with 11 Conditions as corrected, 22 findings, and 5 conclusions as follows: 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 Port Angeles Department of Community Development. This team shall determine the extent of excavation monitoring for the project during the penn it 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. Prior to any earth disturbing activity, the applicant shall submit an engineered drainage plan for review and approval by Port Angeles Public Works and Utilities Department. . Prior to any earth disturbing activity, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan for review and approval by Port Angeles Public Works and Utilities Department. 4. No work waterward of the Ordinary High Water Mark shall occur during periods of juvenile salmonid migration activity, as detennined by WDFW through the issuance of an HP A. 3. 5. The placement of dredge spoils or excess excavation material on an alternative site within the City of Port Angeles shall be approved by the Public Works and Utilities Department through a Clearing and Grading Pennit prior to deposition. 6. Soils exported off-site for disposal shall be tested for contaminates, including metals, hydrocarbons, and petroleum. 7. All conservation measures listed in chapter 7 of the Biological Assessment and Essential Fish Habitat Assessment, dated May 20, 2002, and revised January 1,2003, shall be followed. 8. All conservation measures for pile driving and removal, Eelgrass preservation, erosion and spill control, water quality, and fish protection listed in the attachment to the JARPA Application shall be adhered to. 9. If a concrete batch plant is included on the site, any applicable permits shall be required at that time. . 10. The applicant shall remove and dispose of derelict industrial eauipment and materials from the shoreline of the project site as well as any chosen mitigation site. Shoreline Planning Commission Minutes Ja1lUary 22, 2003 Page 4 . 11. Findings 1. . . mitigation shall be agreed upon and administered through the Washington Department of Fish and Wildlife Hydraulics Permit Approval (HP A). Per the approval of the Community Development Director. the applicant shall make material improvements to the public access adiacent to the site by providing an aesthetic separation/barrier between the site and the Waterfront Trail along Marine Drive to create a visual buffer. dampen noise and soften lighting impacts from the graving dock use. An application for a shoreline permit was submitted by the Washington State Department of Transportation, on December 24, 2002, for the placement of a graving dock for the construction 'of pontoons, anchors and bridge deck for the Hood Canal Floating Bridge rehabilitation and replacement on the Port Angeles waterfront. A Finding of No Significant Impact was issued by the Federal Highway Administration for the Environmental Assessment (EA) that was adopted to meet the requirements of the State Environmental Policy Act for the proposed graving dock project proposal on May 29,2002, and entered into the SEPA Register on June 13, 2002, and was adopted on June 24,2002. That EA listed Port Angeles as Option # 1 for construction of the graving dock. A SEP A checklist was submitted to the City of Port Angeles on December 26, 2002, as an addendum to that EA. A Biological Assessment and Essential Fish Habitat Assessment, dated May 20,2002. and revised January 1, 2003, was submitted on January 8.2003. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 4. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Urban-Harbor and Aquatic Harbor in the City's Shoreline Master Program. 2. 3. 5. 6. The graving dock is a water dependent use. The following adopted City goals and policies are most relevant to the proposed project: Comprehensive Plan Growth Management Element, Goal A, Policy l.a.; Land Use Element Goal G, Policy 1, Goal H, Policies 1, 3 and 4; Conservation Element Goal A. Policies 1-2, Goal B, Policies 1,2,6.9.10.11. 12, Objectives 3, 3, 11, Goal D, Policies 1,.7,8; and Economic Development Element Goal A, Policies 1-4: Shoreline Master Program Urban-Harbor designation and Chapter 3 Goals A- ], 2, 6 and 7, B-1, 4, and 6. C-6, G-2; Chapter 4, A. Universally Applicable Regulations 1 and 2; B. Archaeological and Historic Resources, Policy 2, Regulation 2; C. Clearing and Grading Policies] and 2, Regulations 2 and 4; D. Environmental Impacts, Policy 1, Regulations 4- 10; E. Environmentally Sensitive Areas, Policy 1, Regulation 1; F. Kelp Beds. Eelgrass Beds, Herring Spawning Areas, Smelt Spawning Areas, and Other Critical Salt Water Habitats, Policies ], 4, 5, and 6, Regulations 2 and 5; H. Salmon and Steelhead Habitat, Policies 1 through 4, Regulations 7 and 8; 1., Parking, Policies 1 and 2, Regulations 2, 3, 4 and 6; J. Public Access, Policies 1 and 2, Regulations 1 through 5 and 7, 10, 11 and 12; K. Shorelines of State-wide Significance, Policies 1 through 6; Chapter 5, Policies D-I Planning Commission Minutes January 22, 2003 Page 5 . . 17. . 18. and 2; Chapter 6, Policies E. Industry 1,2 and 4, Regulations 1,2,6, 7, 10, 11 and 12; Chapter 7 B. General Shoreline Modification Provisions, Policies 1,2,4, and 5, Regulations 1, 2, 4, 5, 6 and 9, I. Dredging and Dredge Material Disposal, Policies 1, 3 and 6, Regulations General 2, 3, 5 and 7, Regulations Dredging 1 and 2, Regulations Dredge material Disposal 7, 8, 10 and 11. The City's waterfront trail runs east and west along the length of the project. The trail follows Marine Drive and does not provide direct access to the shoreline at any point 8. An environmental investigation of the site to evaluate the potential impacts from the past use of the property was done by Hart Crowser of Seattle, dated October 25, 2002. Supplemental data was added December 6,2002. 7. 9. A Geotechnical Report done by Hart Crowser of Seattle, dated December 20,2002, was submitted with the application. 10. A Biological Assessment and Essential Fish Habitat Assessment (for NOAA Fisheries and USFWS Species) was completed May 20,2002 and revised January 1,2003. The document lists conservation measures that will be taken to protect those species and their environments during the duration of the project. Those measures are listed in Chapter 7 of the above referenced document. The site is in the proximity of a known village site of the Klallam people. In previous excavation work in the vicinity, human and cultural remains and artifacts have been unearthed. 11. 12. A Shoreline Habitat Assessment for the Port Angeles Harbor was completed by Pentec Environmental in December 2001. The site for the proposed graving dock was rated 15th of the 18 assessment units. 13. Preliminary soil tests have been conducted at 13 locations on the site. One of the samples showed low levels of hydrocarbons. Analysis for metals showed all samples had concentration below the MICA Method A unrestricted cleanup level. 14. The graving dock will have long term economical impacts on the area. WSDOT anticipates periodic future uses for the graving dock to the year 2050. The Port of Port Angeles intends to use the graving dock area in between state highway projects. The construction and operation of the graving dock will generate medium to high levels of noise that could impact the local area. Some construction work will take place over the water and be done from a barge. Transport of materials to the site and removal of excess soils from the site may take place by barge. Best management techniques for minimizing turbidity in the harbor are being proposed. A concrete batch plant mayor may not be located on site. The decision will be left up to the general contractor of the project. 15. 16. Planning Commission Minutes January 22. 2003 Page 6 . 19. Construction and operation of the graving dock will take place 24 hours a day and seven days a week during periods controlled by WSDOT. 20. Construction noise and traffic entering and leaving the site will create impacts to people using the Waterfront Trail. The graving dock will impact views of the harbor for people using the trail. 21. The graving dock will be visible from some residences located along the top of the marine bluff. The site will be lit at night which will impact views from those residences. 22. A concrete batch plant may be located on the site of the graving dock, however this staff report did not analyze the impacts of a concrete batch plant. Conclusions A. The proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program. B. The graving dock is a water-dependent use. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not significantly interfere with public use of lands or waters. . E. The graving dock will support economic development in the Port Angeles region for many years. Commissioner Hewins seconded the motion which passed 5 - O. MUNICIPAL CODE AMENDMENT - MCA 0l-02(B) - CITY OF PORT ANGELES. City - wide (Continued from December 11.2002): Consideration ofthe elimination of governmental regulations requiring prescribed business parking and allowing businesses to plan for their own parking needs in nonresidential zones. Director Collins presented the staff report. He explained the reason for changing from a minimum parking requirement to a maximum parking standard. The concept of a Transportation Demand Management Plan to demonstrate a business' parking need was described. Director Collins also pointed out changes that were recently added: 1) increasing the distance allowed for off-site parking to 200 feet instead of 100 feet; and, 2) allowing for the Public Works and Utilities Director to approve unimproved parking lots in the Industrial Heavy zone. Commissioner Rasmussen asked that staff provide an example of a Transportation Demand Management Plan. He also asked, iflow impact development standards are implemented, would it affect the amended parking standards such that additional changes would have to be made later? . Director Collins responded that staff would provide a model Transportation Demand Management Plan (TDM) or a format to follow, and that future low impact development standards should not affect the parking regulations before the Commission at this time. . . . Planning Commission Minutes January 22. 2003 Page 7 Chair Schramm opened the public hearing. Aria Holzshuh, 105 !4 E. First Street, Executive Director of Port Angeles Downtown Association, stated that the Downtown Association had no objection to the proposed changes in the Parking Ordinance as long as the PBIA is left as is. There being no further testimony, Chair Schramm closed the public hearing. Commissioner Hewins stated that he opposed the proposal because he felt it was not based on any solid evidence that parking for all trips as single occupant vehicles should not be the minimum requirement and that there was no example of a Transportation Demand Management Plan. Chair Schramm also indicated opposition to the proposal, stating that he felt that short term economic and political interests were being favored over long term interests. Both Chair Schramm and Commissioner Hewins expressed concerns that there are too many businesses that have not provided adequate on-site parking and have created traffic problems by parking on-street, on sidewalks, and on neighboring properties. They believe that eliminating the minimum parking requirements and public review will result in more such traffic problems and neighborhood disputes. Commissioner Norton moved to forward a recommendation of approval to the City Council with staff to prepare an example TDM plan. Commissioner Rasmussen seconded the motion which carried 3 - 2 with Chair Schramm and Commissioner Hewins voting against the motion. CONDITIONAL USE PERMIT - CUP 03-02 ~ LARSON. 704 Marine Drive: A request to allow a delicatessen/cafe/food service activity in the Industrial, Heavy zone. Director Collins presented the staff report recommending approval of CUP 03-02. Chair Schramm opened the public hearing. Bryan Larson, 413 Strait View Drive, stated that a requirement to improve the existing parking area to City standards would be a problem for him. The cost of paving would be too high and he would not be able to move forward with the project under those circumstances. Commissioner Philpott said that the City is not being very business friendly by requiring a previously existing parking lot to be paved at this time when it was not paved during past use. Commissioner Hewins asked the applicant if he would be willing to have the hearing continued, since the changes to the parking ordinance that the Commission just forwarded to City Council would allow him to gain relief from the paving requirement if the Council approved the amendment. Mr. Larson said that he would not have an objection to a continuance, however he was still in negotiation with the property owner and the delay might affect those negotiations. . . . Planning Commission Minutes January 22, 2003 Page 8 There being no further public testimony, Chair Schramm closed the public hearing. Commissioner Hewins moved to continue the action until the February 12,2003, Planning Commission meeting. Commissioner Philpott seconded the motion which passed 5 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Director Collins indicated that due to staffs heavy work Ioadl work on the Comprehensive Plan updates was not getting done and that scheduling time on the Planning Commission calendar was difficult. I-Ie suggested that the commission might increase the time available at meetings by meeting at an earlier time or that they may want to schedule a special meeting for a work session. The consensus of the commission was that a special meeting should be set for January 29, 2003 to discuss Comprehensive Plan issues. REPORTS OF COMMISSION MEMBERS Commissioner Hewins asked that staff make sure comments from the Port of Port Angeles regarding shoreline clean-up are included in the minutes. Chair Schramm asked that the letters from the Chamber of Commerce and the Port Angeles Economic Development Council be included in the file SMA 03-01. Staff assured the Commission that both would be done. ADJOURNMENT The meeting adjourned at 10:05 pm. Brad ~s~ {!iuti?5d;1l.~ Chuck Schramm, Chair PREPARED BY: S, Johns T:\MTNUTES\2 003 pc\O 12203. wpd · FORTANGELES WAS H I N G TON, U, S, A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASB SIGN IN Meeting Agenda of: ~ uA-f.2J '22- J z.co3 PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE ou to testi - it only acknowled es our resence. NAME: ADDRESS: Agenda Item No. .,------. .-::; ..<.. P.i\- '.