HomeMy WebLinkAboutMinutes 02/23/2000
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WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
February 23,2000
I.
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROV AL OF MINUTES: Meetings of January 26 and February 9, 2000.
IV. PUBLIC HEARINGS:
t.
REZONE APPLICATION - REZ 00-02 - BAKER - 832 Georgiana: Request
to rezone approximately 7,000 square feet of property from RS-7, Residential
Single Family to CO, Commercial Office.
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2. PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 116
North Albert Street: Request for a reduction of the required 58 off street parking
spaces to 29 in assocIation with a senior residential condominium development
located in the Commercial Arterial (CA) zone. (Continue to March 22,2000.)
3. REVISION TO THE CITY'S SHORELINE MASTER PROGRAM -
shoreline areas City wide: A proposed revision establishing non conforming
standards which would allow structures (boathouses) which existed prior to
January 1, 2000, to be reconstructed to their original bulk and dimension in the
event of damage and changing the 20' covered moorage height limitation to 30',
V. OTHER BUSINESS
VI. COMMUNICATIONS FROM THE PUBLIC
VII. STAFF REPORTS
VIII. REPORTS OF COMMISSION MEMBERS
. IX. ADJOURNMENT
PLANNING COMMISSION: Fred Hewins (Chair) Dean Reed (Vice),Bob King, Linda Nutter, Fred Norton, Bob Philpott, Chuck Schramm
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
February 23, 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, Sue Roberds, Dan McKeen
Public Present:
Ken Sweeney, Ann Rosecrants, Dr. Margaret Baker, Dr. John
Mather, Steve Eikum
APPROVAL OF MINUTES
Commissioner Philpott offered typographical corrections to and moved to approve the
January 26, 2000, meeting minutes. The motion was seconded by Commissioner Nutter
and passed unanimously.
Following a correction in the noted members present, Commissioner Reed moved to
approve the February 9, 2000, meeting minutes. The motion was seconded by
Commissioner Norton and passed unanimously.
PUBLIC HEARINGS:
REZONE APPLICATION - REZ 00-02 - BAKER - 832 Georgiana:
Request to rezone approximately 7,000 square feet of property from RS-7,
Residential Single Family to CO, Commercial Office.
Commissioner Nutter declared that she owns property in the vicinity of the subject site but
felt that she could act fairly on the application. No one in the room objected to her remaining
for the deliberation.
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the rezone application. He responded to Commissioner Nutter that the rezone
would enhance the ability of the site to function with the adjoining property as an office site
by providing adequate area for off- street parking. An encroachment exists over the property
line at present which already effectively joins the properties which are under one ownership.
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Planning Commission Minutes
Febmary 23. 2000
Page 1
Chair Hewins opened the public hearing and stated that all those testifYing need to sign in
and affirm to the correct nature of their testimony.
Dr. Margaret Baker, 318 Lake Sutherland, stated that her plan is to purchase the three lots
owned by Dr. John Mather and remodel the site resulting in a larger office use with adequate
off-street parking where little presently exists.
There being no further testimony, Chair Hewins closed the public hearing.
Following brief discussion, Commissioner Norton moved to recommend approval of the
rezone as proposed citing the following findings and conclusions:
Findings:
1. The applicant, Dr. Margaret Baker, is requesting the rezone of a single Townsite lot
from Residential Single Family (RS-7) to Commercial Office (CO).
2. The purpose oftherezone is to facilitate the development ofthe property as a parking
lot to serve an adjacent medical office use.
3.
The submitted application including a map of the area proposed is attached as
Attachment B to the February 23,2000, Planning Department Report.
4. The property is currently vacant and is 50' wide and 140' deep for a total of 7,000
square feet of property.
5. The property address is 830 Georgiana Street and the legal description is Lot 3,
Block 38, Normal R Smith Subdivision, Townsite of Port Angeles.
6. The City's Comprehensive plan designates the property as Commercial (C). The site
is located in the northernmost portion of the City's North Central Planning area and
is two blocks southwest of Olympic Medical Center.
7. Land Use Element Policies Al and A2 establish the need for all decisions to be
consistent with the Comprehensive Plan Land Use Map and policies. Policy E3
requires for commercial development to buffer its impact to residential properties.
8. The properties to the north and east are zoned CO and developed primarily as
medical office uses. The property to the south is zoned Commercial Arterial (CA)
and is developed as commercial retail uses. Property to the west is zoned Residential
Single Family (RS-7) and is developed with single family residences.
9.
Approximately one half of the lots in the 800 block of Georgiana Street are zoned
Commercial Office. On the north side of Georgiana Street, the CO zoning extends
an additional three lots to the west of the subject lot.
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Planning Commission Minutes
Febnmry 23. 2000
Page 3
10. As a result ofthe CO zoning, development ofthe parking lot will require buffering
of the parking use from the adjacent residence. Such buffer will consist of, at a
minimum, three (3') feet oflandscaping with a three to six (3' to 6') foot high vision
obscuring fence or other solid landscaping material. Additionally, all lighting on the
site must be directed away from the adjacent residence.
11. The Fire and Public Works Departments both indicated that they have no objections
to the application.
12. The SEP A Responsible Official issued a Determination of Non significance for the
proposal on February 17,2000.
13. The public comment period for this application ran from January 26, 2000, to
February 10,2000. No written comments were received during that time period.
Conclusions:
A. The Comprehensive Plan's Land Use Element Policies A 1-2 and E3 directly relate
to the proposed rezone.
B.
The rezone complies with the City's Comprehensive Plan, specifically Land Use
Element Policies AI, A2, and E3.
C. The proposed rezone is compatible with surrounding land uses and Zoning Ordinance
designations.
D. If developed as proposed, the rezone can reduce the impact of the adjacent medical
office on neighboring properties by providing needed off-street parking.
E. The rezone is in the public interest.
The motion was seconded by Commissioner King and passed unanimously.
PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT.
116 North Albert Street: Request for a reduction of the required 58 off-
street parking spaces to 29 in association with a senior residential
condominium development located in the Commercial Arterial (CA) zone.
(Continue to March 22, 2000.)
Planning Director Collins noted that during review of the application for a parking variance
it was discovered that the subject residential development is not in compliance with the
density requirements for such a development in the Commercial Arterial zone. It will take
some time to resolve the issue. The item should be continued to the March 22nd regular
meeting to allow staffto work through the issue with the applicant.
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Planning Commission Minutes
Febncary 23. 2000
Page 4
Chair Hewins opened the public hearing.
Commissioner Philpott moved to continue the hearing to March 22, 2000, 7 p.m., City
Council Chambers. The motion was seconded by Commissioner King and passed
un animously.
REVISION TO THE CITY'S SHORELINE MASTER PROGRAM - SMP
(Amendment) 00-01 - Shoreline Areas City-wide: To consider amendment to the
City's Shoreline Master Program amending Chapters 2 (Definitions) and 6B (Boating
Facilities) clarifying the conditional use definition and covered moorage height
limitation.
Planning Director Collins reviewed the Planning Department's staff report and provided
further explanation as to why the City is considering a revision to the Shoreline Master
Program. The intent of the amendment to the wording regarding conditional use permit
conditions is to bring the law into compliance with what past practice has been.
In response to Commissioner Reed, Director Collins noted that the location of boathouse
structures is limited by the Shoreline Use Boating Facilities Covered Moorage Regulation
No. I which prohibits covered moorage between Cherry and Vine Streets and on Ediz Hook.
In response to Commissioner Norton, Director Collins indicated that the proposed increase
in maximum height to 30' should be adequate to allow for larger vessels with associated
appurtenances that require the greater height. The previous height limitation of 20' seems
short sighted in retrospect although he believed that it may have been consistent with other
municipalities in the state at the time of adoption (1995).
The Planning Commission edited the recommended conditional use definition to add "is"
before "compatible" and "the" before "shoreline" in the first sentence.
There was considerable discussion regarding why the maximum height for structures is
measured from "extreme" high tide rather than the more definable term "mean high high
water." As the term "mean higher high tide" is a known factor, it was suggested that that
term be used for determining maximum height.
Chair Hewins opened the public hearing.
Ken Sweeney, Port of Port Angeles Environmental Manager, P.O. Box 1350, Port
Allgeles, stated the Port's support of the proposed increase in height for boathouse structures.
The Port has hired a consultant to determine how the Boat Haven should be redesigned for
maximum use. Following presentation of the final report the Port may reconfigure areas of
the Boat Haven and restrict taller structures to be located only in certain areas.
Steve Eikum, 1835 East Fifth Street, noted that given the maximum 10% density for
boathouses in the Boat Haven, if taller boathouses are planned, the number of boathouses
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Planning Commission Mill/lies
Febmary 23. 2000
Page 5
may actually be reduced because a taller boathouse equals approximately one and one-half
smaller boathouses in needed area.
There being no further comment, Chair Hewins closed the public hearing.
Following brief review discussion, Commissioner Reed moved to recommend the City
Council amend the City's Shoreline Master Program to revise the definition of
conditional use with two editing changes to the staff recommended amendment and to
increase the maximum height of boathouse structures to 30 feet above the mean higher
high tide level, citing the following findings ane conclusions:
Findings:
Based on the information provided in the February 23,2000, Staff Report for SMPA 00-01,
comments, and information presented during the public hearings, the Planning Commission's
discussion and deliberation, and the City Councils discussion and deliberation, the City of
Port Angeles City Council hereby finds:
1. The proposal is to amend the Port Angeles Shoreline Master Program consistent with the
City's administrative practices of conditioning substantial development permits that are not
intended to be processed as conditional use permits and of allowing the height limitation for
covered moorage to go from 20 to 30 feet in certain circumstances and in recognition of
existing boathouses located at the Port of Port Angeles Boat Haven on Marine Drive.
2. The proposed amendments would apply citywide and at the Port of Port Angeles Boat Haven
on Marine Drive.
3. The existing land uses in the City's shoreline and surrounding areas are as follows:
shoreline areas:
marine and heavy industrial, public parks and recreation (including
recreational boating), central business district commercial, and
governmental installations
surrounding areas:
central business district commercial, open space (environmentally
sensitive marine bluffs), and residential (above the marine bluffs)
4. The SEP A Responsible Official issued a Determination of Non-Significance (DNS) on
February 16, 2000.
5. Public notice was provided by legal notice published in the Peninsula Daily News on
December 24 and 29, 1999, and posted at City Hall on December 23, 1999.
6. Public hearings were scheduled for February 23,2000, before the Planning Commission and
March 7,2000, before the City Council.
Planning Commission Minutes
Febroary 23. 2000
Page 6
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7. A simple description of the amendments was distributed to the Department of Ecology, the
Washington Department ofFish and Wildlife, and the Lower Elwha Klallam Tribe. The
Lower Elwha Klallam Tribe responded with the following comment:
"On the issue of Shoreline Master Program Amendment, we suggest the following
definition of Condi tional Use:
Conditional Use - A use or the expansion of a use permitted on shorelines and
designated as a 'Conditional Use' within the body of the Plan which, because of
certain characteristics requires a special degree of control to make it consistent with
the intent and provision ofthe Act and these regulations and compatible with other
uses permitted on shoreline. Conditional Use permits will require review by the
Washington State Department of Ecology. Any use which rcquircs a Other
substantial development permit~ to which 'conditions' certain construction
requirements are attached is eemsidcl"ca to be a will not be considered a conditional
use."
8. The shoreline areas have been designated Open Space, Industrial, and Commercial and zoned
Public Buildings and Parks (PBP), Industrial Heavy (IH), Central Business District (CBD),
and several small areas of Industrial Light (IL) and Commercial Arterial (CA).
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9. The Comprehensive Plan Goals, Policies, and Objectives identified as being the most
relevant to the proposal were Growth Management Element Goal A, Policies A 1 and Al 7,
Objective AI, Land Use Element Map Goal A, Open Space Goal I, Policies 11 and 12, Goal
J, Conservation Element Goal A, Policies AI, A2, and A3, Goal B, Policies B2, B3, B5, B6,
B8, B9, B17, B19, and B21, Objectives B2, B3, and B9, Goal D, Policies Dl, D4, D7, and
D8, Objective D 1, Economic Development Element Goal A, Policies AI, A4, and Al 0, Goal
B and Policy Bl.
10. The Shoreline Master Program Goals, Policies, and Regulations identified as being the most
relevant to the proposal were Shoreline Use Element Goals 1, 2, and 5-9, Economic
Development Element Goals 1-5, Circulation Element Goal 4, Conservation Element Goals
3-7, Public Access Element Goals 1-3, Recreational Element Goals 1 and 2,
Historical/Cultural Element Goal 1, Shoreline Use Boating Facilities Covered Moorage
Regulations 1-5, and Definition Conditional Use.
11. The Boat Haven Marina is a longstanding commercial and recreational boating facility in the
Port Angeles Harbor and provides safe harbor and ready access for marine transportation in
the Strait of Juan de Fuca.
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12. The 1 OO+foot high marine bluffs are a unique characteristic open space which separates the
Boat Haven Marina from the nearest residential views located on top of the marine bluff with
the intense marine and heavy industrial activities located at the base of the bluff and north
of Marine Drive.
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Planning Commission Minutes
February 23. 2000
Page 7
13. There are a dozen existing boathouses in the Boat Haven Marina that exceed 20 feet in height
and in the view of pedestrians using the Waterfront Trail along the north side of Marine
Drive.
14. A January 1997 snow storm caused severe damage to approximately a dozen boathouses
which received permits to repair and/or reconstruct to new structural load standards, but, in
at least one case, the covered moorage height restriction would prevent reconstruction.
15. The historical, archaeological, and cultural amenities found on the Port Angeles Harbor
shoreline because of the Lower Elwha Klallam tribal village sites once located here are
protected with nearly every substantial development permit through conditions which are
routinely applied.
16. A citizen shoreline advisory committee working with a consultant hired under a Coastal
Zone Management (CZM) grant prepared a completely new Shoreline Master Program under
the then new shoreline management guidelines just finished by the State Department of
Ecology following their review of twenty years of the Shoreline Management Act
implementation.
17. This second Port Angeles Shoreline Master Program was adopted on May 23, 1995, as part
of the City's effort to bring development regulations into compliance with the State's Growth
. Management Act and the City's Comprehensive Plan adopted in 1994.
Conclusions:
Based on the information provided in the February 23,2000, Staff Report for SMPA 00-01,
comments, and information presented during the public hearings, the Planning Commission's
discussion and deliberation, and the City Councils discussion and deliberation, the City of
Port Angeles City Council hereby concludes:
1. The unique characteristics of the marine bluff open space protects the residential views
located on top of the marine bluff from the intense marine and heavy industrial activities
located at the base of the bluff.
2. The maintenance or installation of 3D-foot high boathouses below 100+foot high marine
bluffs will have no appreciable effect on residential views and make little difference to views
enjoyed along the Waterfront Trail in comparison to 20-foot high boathouses and the
multitude of large scale industrial facilities also located along the Waterfront Trail and
Marine Drive.
3. The dozen existing boathouses in the Boat Haven Marina that exceed 20 feet in height will
likely remain for a very long time, especially as nonconforming structures.
. 4. There have been no general public or other agency comments indicating there is minimal
environmental impacts on fish habitat and on Waterfront Trail views due to the existing
covered moorage and surrounding large scale industrial developments.
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Planning Commission Mimlles
Febnmry 23. 2000
Page 8
5. The proposal supports the existing and planned land use development of the City.
6. The housing of larger yachts should be allowed at the Boat Haven Marina, where little or no
impact is caused by larger boathouses, encouraging economic development in support of the
type of pleasure boats being built in Port Angeles by Admiral Marine. By allowing larger
scale boathouses in Port Angeles Harbor, larger yachts can be housed sparing other marinas
where residential views may be impacted greater by 3D-foot high boathouses.
7. The proposed height limitation amendments recognize existing administrative practices
regarding existing boathouses that were made nonconfonning in 1995 by the adoption of the
new Shoreline Master Program for the City of Port Angeles. It was not intentional that the
reconstruction of existing boathouses should be contrary to the Shoreline Master Program.
The proposed amendments are to allow for regulations that do not burden property owners
with unnecessary procedures and financial hardships for existing boathouses, which fit into
the unique physical setting of the Boat Haven Marina.
8. Making every such substantial development permit a conditional use permit would defeat
the timely processing of most shoreline pennits in Port Angeles and/or discourage the use
of conditions which protect valuable artifacts from damage or loss.
9. The proposed definition amendments recognize existing administrative practices regarding
the application of conditions on substantial development pennits do not follow the definition
adopted in 1995 with the new Shoreline Master Program for the City of Port Angeles. It was
not intentional that the continuation of conditioning substantial development pennits should
be contrary to the Shoreline Master Program. The proposed amendments are to allow for
regulations that do not burden property owners with unnecessary procedures.
10. The proposal is consistent with the City's Comprehensive Plan and Shoreline Master
Program.
11. The maximum allowable area of covered moorage within the over-water portion of the
marina of 10 percent of the over-water area will limit the increase in new 3D-foot high
boathouses at the Boat Haven Marina. Prohibitions of covered moorage in the CBn and on
Ediz Hook will limit expansion of covered moorage along the Waterfront Trail where there
is a concentration of pedestrian activity. New marina plan approvals will limit potential
impacts from any other new covered moorage areas in Port Angeles. The material and color
design requirements will limit the visual impact of new boathouses as they appear from
distance viewpoints.
12. The proposed Shoreline Master Program amendments are in the public interest.
The motion was seconded by Commissioner Philpott and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None.
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Planning Commission Minutes
February 23. 2000
Page 9
ST AFF REPORTS
Staff thanked Commissioner Reed for his commendable service as Planning Commissioner
for the past four years. He will greatly missed by all. The Planning Commissioners echoed
staffs sentiments.
Staff reminded the Commissioners of the Boards and Commissions Appreciation program
set for February 24th at the Senior Center. Hopefully everyone can attend and be recognized
for their contribution to the community.
Director Collins reminded members of the short course in planning being offered by the
American Planning Association in Port Townsend on February 26lh, 9 a.m. to 12 p.m.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 9:00 p.m.
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Brad Collins, Secretary
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Fred Hewins, Chair
PREPARED BY; S. Roberds
C\M Y Files\MINUTES\2000PC\022300.pc
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WAS H r N G TON, U. S. A.
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350 W. J)/- sf
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