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HomeMy WebLinkAboutMinutes 03/22/2000 . .' ~ORrANG18:L,ES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street March 22, 2000 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of March 8, 2000 IV. PUBLIC HEARINGS: 1. PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 116 North Albert Street: Request for a reduction in the required parking spaces from 58 spaces to 29 spaces in the Commercial Arterial zone. (This item is continued from February 23,2000.) 2. CONDITIONAL USE PERMIT - CUP 00-01 - NORTHWEST TANDEM RALLY - 304 East Park Avenue: A proposal to allow overnight camping as part of a tandem bicycle rally in the Public Buildings and Parks zone. 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-05 - 1720 West Ediz Hook Road: A proposal to install two above ground storage tanks within an existing tank farm in the Industrial Heavy zone. 4. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-06 - Downtown area west of Lincoln and east of Valley Streets and between Railroad Avenue and First Street: A proposal to continue upgrade of the Port Angeles Downtown area by filling hollow sidewalk areas, replacing water mains where necessary, and the installation of brick pavers for sidewalks. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS .: VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Fred Hewins(Chair), Linda Nuttcr (Vice Chair),Bob King,Fred Norton, Bob Philpott, Charles Schramm, Mary Crav<l" PLANNING STAFF: Brad Collins (planning Director), David Sawyer (Senior Planner), Sue Roberds (Planning Specialist) . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 22, 2000 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins, Bob King, Chuck Schramm, Mary Craver Members Absent: None Staff Present: Brad Collins, Sue Roberds, David Sawyer, Dan McKeen, Greg Darling, Gary Kenworthy Public Present: Hal Vennerable, Steve Reynolds APPROVAL OF MINUTES Commissioner Nutter moved to approve the March 8, 2000, Planning Commission Minutes as presented. The motion was seconded by Commissioner Philpott and passed 5 - 0 with Commissioners King and Craver abstaining due to absence at that meeting. Due to there being no one present to represent Items 1 and 2 on the agenda, Chair Hewins reordered the agenda to begin with Item 3. Commissioner Nutter noted for the record that she is a City representative to the Nonmotorized Committee that is aware with Item 2. She offered to step down from those proceedings if anyone feels she cannot act fairly given the stated representation on that conunittee. Commissioner Philpott stated that he provided testimony to the City Council regarding his concerns about the historic underground areas of the Downtown. He offered to remove himself from the proceedings for Item 4 ifit is thought that he could not act fairly due to his testimony. Commissioner Craver noted that she is a property owner adjacent to the Port Angeles High School that is the proposed location for Item #2. She called staff prior to the hearing and was told that she should make a statement as to her residential location but would remain to act on the issue unless someone objected. There were no objections from anyone on these issues. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - TESORO MARINE - SMA 00-05 - 1720 West Ediz Hook Road: A proposal to install two above ground storage tanks within an existing tank farm in the Industrial Heavy zone. Senior Planner Sawyer reviewed the Planning Department's staffreport recommending approval of the shoreline permit as proposed. Chair Hewins opened the public hearing. . . . Planning Cammission Minutes\ March 22, 2000 Page 2 allow for consistency and compliance with requirements for the sulphur mix. There being no further comments, Chair Hewins closed the public hearing. Commissioner Nutter moved to approve the shoreline substantial development permit citing the following conditions, findings, and conclusions: Conditions of Approval: 1. Approval is for the project as submitted by the applicant and identified as Attachment B to the March 22,2000, Planning Department Staff Report for SMA 00-05 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 Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit 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. 3. As required in Chapter 5 ofthe City's Shoreline Master Program, all structures associated with a water-related use located in the Urban Harbor shoreline designation shall be setback from the shoreline a minimum of ten feet. 4. The project shall comply with all regulations of the City's Shoreline Master Program, including those of Chapters 4,5,6 and 7. 5. The proposed project shall meet all federal, state, and local requirements. Findings: Based on the information provided in the March 22,2000 Staff Report for SMA-00-05 (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission1s discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Tesoro Marine Services, applied for a Shoreline Substantial Development Permit on January 14, 2000. The application was determined to be complete on January 26, 2000. The application is identified as Attachment B to the March 22, 2000, Planning Department Staff Report for SMA 00-05. . . . Planning Commission Minutesl March 21. 2000 Page 3 2. A Determination of Non-Significance (DNS #901) was issued by the City of Port Angeles SEP A Responsible Official for the proposal on March 15, 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 January 26, 2000. 4. The applicant is proposing to install two above ground tanks within the existing Tesoro tank farm. 5. Each tank is 40' tall and 20' in diameter. The installation will include the removal of two horizontal skid tanks, excavation for the two tank's foundations, and the installation of the associated piping and controls. 6. The purpose of the new tanks is to allow the applicant to blend burner fuels (in-tank) to meet the requirements of the Daishowa Mill. 7. The existing tank farm is located at the east end of the Diashowa Mill complex on Ediz Hook. There are five existing fuel tanks located in the fann. The tanks are all 40' high and range in diameter from 120' to 36'. 8. The tank farm has a full cement floor and is enclosed by 13' high concrete walls. 9. The Federal Emergency Management Agency's National Flood Insurance Program identifies the area of the tank farm as Zone C, an area of minimal flooding. 10. All of the proposed work is located in the upland area of the spit with no over water construction. 11. Stormwater from the farm is collected through an existing separator and discharged to the NPDES approved Daishowa Mill stonnwater treatment system. 12. 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 Attaclunent C to the March 22, 2000 Staff Report for SMA 00-05. 13. The use of the site for fuel storage as part of a pulp and paper mill operation is a permitted use in the ill zone and UH shoreline designation. 14. The City's waterfront trail runs along Ediz Hook Road parallel to the existing tank farm. 15. The Fire Department and Public Works Department both indicated they have no comments or recommended conditions of approval regarding the application. 16. The public comment period ran from November 17, 1999 to December 24, 1999. . . . Planning Commission Minutesl March 22. 1000 Page 4 17. No letters of comment were received from the public or any other Agency or Tribe regarding this application. 18. The following AgenciesfTribes were provided copies of the application and were asked to comment, Washington Department of Fish and Wildlife, Washington Department of Ecology, and the Lower Elwha Klallam Tribal Council. 19. No comments were received from the State Department of Ecology or the Lower Elwha Klallam Tribal Council regarding this application. 20. The Washington Department ofFish and Wildlife (WDFW) commented on the proposed project in a letter dated March 1, 2000. In the letter, they indicate the project will not require an HP A. They also suggested "long term plans for moving the tanks off of Ediz Hook and onto [an) upland site be developed, and implemented." The Department's letter is included in Attachment D to the March 22, 2000, Staff Report for S:MA00-05. 21. The Urban Harbor shoreline designation requires structures associated with a water-related use be setback from the shoreline a minimum often feet. Conclusions: Based on the information provided in the March 22,2000 Staff Report for SMA 00-05, including all of its attachments, conunerits 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. The suggestion by the Washington Department ofFish and Wildlife (WDFW) in their letter dated March 1, 2000, that "long term plans for moving the tanks off of Ediz Hook and onto [an] upland site be developed, and implemented." is beyond the mitigation necessitated by the proposed project and would be inappropriate as a condition of approval for this project. E. As conditioned, the proposed project will enhance the public health, safety and welfare. F. As conditioned, the project will not interfere with public use of or access to public lands or waters. Because of the size and location of the new tanks, in relation to the overall mill facility, the installation of the tanks will not significantly impact views of the shoreline. . . . Planning Commission Minules\ March 22, 2000 Page 5 G. The installation of the proposed tanks at the proposed location will not significantly impact views of the shoreline. H. The State Environmental Policy Act requirements have been complied with. Commissioner King seconded the motion which passed unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-06- Downtown area west of Lincoln and east of Valley Streets and between Railroad A venue and First Street: A proposal to continue upgrade of the Port Angeles Downtown area by filling hollow sidewalk areas, replacing water mains where necessary, and the installation of brick pavers for sidewalks. Senior Planner Sawyer reviewed the Planning Department's staff report recommending approval , of the application. The Commission briefly questioned City Engineer Gary Kenworthy as to the degree of the proposed improvements. Chair Hewins opened the public hearing. Gary Kenworthy, City Engineer, City of Port Angeles was available for questions. He explained that very little of the project is within the shoreline jurisdiction. Only a small portion along the east side of Laurel Street within 200 feet of the shoreline area is at issue with the shoreline requirements. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Nutter moved to approve the shoreline substantial development permit with the following conditions, findings, and conclusions: Conditions of Approval: 1. Approval is for the project as submitted by the applicant and identified as Attachment B to the March 22, 2000, Planning Department Staff Report for SMA 00-06 and is limited to that portion of Phase II within the shoreline area located along the east side of Laurel Street and as hereby conditioned. 2. 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 City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit 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 . . . Planning Commission Minutesl March 22, 2000 Page 6 provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 3. The project shall comply with all regulations of the City's Shoreline Master Program, including those of Chapters 4, 5, 6 and 7. 4. The proposed project shall meet all federal, state, and local requirements. 5. Best Management Practices for stormwater control as recommended in the Puget Sound Water Quality Control Manual shall be utilized during all phases of construction to minimize the project's impact on water quality. F indin gs: Based on the information provided in the March 22, 2000 Staff Report for SMA-OO-06 (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, City of Port Angeles, applied for a Shoreline Substantial Development Permit on January 11,2000. The application was determined to be complete on January 26, 2000. The application is identified as Attachment B to the March 22, 2000, Planning Department Staff Report for SMA 00-06. 2. A Detennination of Non-Significance (DNS #900) was issued by the City of Port Angeles SEPA Responsible Official for the proposal on March 15, 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 January 26, 2000. 4. The application is for the replacement of approximately 50' of an existing 2" water line with an 8" line. The project also includes the replacement of the sidewalk with a similar cement sidewalk material or pavers. 5. The work is a small portion of a larger project (Phase II of the City's Downtown Watermain Replacement Project), the majority of which is located outside of the shoreline jurisdiction. The larger project includes similar work along the south side of Front Street between Lincoln and Oak Streets and the remaining portion of Laurel Street between First and Railroad Streets. 6. The existing water line is buried in existing fill material which will be reused to bury the larger replacement line. 7. A shoreline permit is required for this project due to the increase in size of the water line. 8. The existing water line was installed in 1914. . . . Planning Commission Minutcs\ March 22, 2000 Page 7 9. All of the proposed work is located in an upland area with no over water construction. 10. The site is located in the Commercial [C] designation of the Comprehensive Plan Land Use Map. It is zoned Central Business District [CBD], and its Shoreline Designation is Urban- Harbor [UHJ. Related Comprehensive Plan and Shoreline Master Program policies are included in Attachment C to the March 22,2000 Staff Report for SMA 00-06. 11. The City's Waterfront Trail runs east and west along Railroad Avenue. 12. Notice of the application was sent to the City's Fire and Public Works Departments, the State Department ofFish and Wildlife, the State Department of Ecology, and the Lower Elwha Klallam Tribal Council. 13. None of the notified Departments, Agencies, or Tribes submitted any comments regarding this application. 14. The public comment period ran from January 11,2000 to February 25, 2000. 15. No comments were received from the public regarding this application. 16. Considerable public input was received regarding the overall Phase II project. However, all of the conunents were related to the larger watermain replacement project's impact on the Downtown's underground area. 17. There is no filling of existing underground areas in this portion of the project. Conclusions: Based on the information provided in the March 22,2000 Staff Report for SMA 00-06, including all of its attachments, conunents 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. As conditioned, the project will not be detrimental to the shoreline and aquatic environment and will be an improvement to the Downtown and waterfront area. C. As conditioned, the proposed project will enhance the public health, safety and welfare. D. As conditioned, the project will not interfere with public use of or access to public lands or waters. E. The State Environmental Policy Act requirements have been complied with. The motion was seconded by Commissioner Craver and passed unanimously. . . . Planning Commission Minutes March 8, 2000 Page 8 At this point in the meeting there was still no one present to represent the remaining two agenda items (Items 1 and 2). Following lengthy discussion as to policies regarding actions on issues where no applicant is present, it was decided to continue the matters to another meeting rather than act without the applicant present. CONDITIONAL USE PERMIT - CUP 00-01 - NORTHWEST TANDEM RALLY - 304 East Park Avenue: A proposal to allow overnight camping as part of a tandem bicycle rally in the Public Buildings and Parks zon~. Planner Sawyer reviewed the Planning Department's staff report recommending approval of the three day event as applied for. Chair Hewins opened the public hearing. There being no one present to represent the application, Commissioner King moved to continue the meeting to the April 26, 2000, Planning Commission meeting. The motion was seconded by Commissioner Norton and passed unanimously. Commissioner Norton asked that a new map be provided clarifying where the intended uses are proposed at the High School property for the continued hearing. PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT, 116 North Albert Street: Request for a reduction in the required parking spaces from S8 spaces to 29 spaces in the Commercial Arterial zone. (This item is continued from February 23, 2000.) There was no one present for this issue. Chair Hewins indicated the item could be continued to the April 26 meeting as with the previous agenda item. Planning Director Collins noted that if this item is continued to April 26, 2000, it will cause a delay in a building permit process. Director Collins noted that in this instance the applicant has already been delayed due to the staff earlier in the process. City staff have been working on a solution to specific issues with the proposed development in order to facilitate the development as proposed. Commissioner Nutter noted that as the applicant did not show up for the hearing, the fair thing to do would be to continue the application to a future meeting that is not so full. Staff indicated the April 12 meeting agenda is full. Chair Hewins opened the public hearing. Continued discussion took place following which Commissioner Craver moved to continue the application to the April 12, 2000, meeting due to the absence of a representative for the application and the delay thus far in the process. The motion was seconded by Commissioner King and passed 4 to 3 with Commissioners Nutter, Hewins, and Norton voting against the motion as they would prefer to put the issue on the April 26, 2000 agenda due to the April 12 meeting being full. COMMUNICATIONS FROM THE PUBLIC None. . . . Planning Commission Minutes March 8, 2000 Page 9 STAFF REPORTS Staff noted that both applicants for Items 1 and 2 had been informed on several occasions that representation at the public hearings would be required for action to be taken. The applicants on the parking variance had said two days prior to the hearing that a representative would be there. Staffknew of no reason why the applicants were not present. REPORTS OF COMMISSION MEMBERS The Conunissioners took up further discussion on the concern that two of the meeting applicants were not present. Director Collins responded to Commissioner Norton that in the case of denial of a permit an appeal to the City Council could be made. In some instances, reapplication could occur within specific time frames or if a change in the project occurs. Some appeals are done by open record, others are closed. Delay of a project would be appropriate if an applicant is not present. He stressed that it is best to allow an applicant time to defend a project in all cases. The Conunission asked staff to develop a standard form letter to be included with the mailing of the staff report. This cover letter would state that if a representative is not present at a meeting continuation of the item could occur. ADJOURNMENT The meeting adjourned at 8:30 p.m. ~~ Brad Collins, Secretary ,k~,~ Fred Hewins, Chair PREPARED BY: S. Roberds · ~ORTANGELES " WAS H [ N G TON, U. S. A. PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET For the subject of items listed on the meeting Agenda of: 7 J~ ~/-::! OfJO (Date) Note: IE I plan on testifying by signature below I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. :ft:~~m~i.' -"3 .3 3