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HomeMy WebLinkAboutMinutes 04/14/1999 . . . ~.. j)ORTANGElES - -_..- ---..-----. WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street April 14, 1999 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of March 24, 1999. IV. PUBLIC HEARINGS: 1. SHORELINKSI1BST ANTIAI~ DEVELOPMENT PERMIT - SMA 99-05 - FAlRES,-.82E..B.o.athaY.en Drive: Request to construct a second story addition to a permitted warehouse structure for storage/office use in the Industrial Heavy zone. 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99-01 - RAYONIER, 70D. North Ennis Street: A proposal to recover sunken logs, remove navigational hazards by removal of a storm buoy and portions of armor rock at an existing jetty, and to remove selected mooring dolphins at a former heavy industrial mill site within the Port Angeles Harbor. (This item was originally heard on February 10, 1999, however, due to a procedural error, the public hearing is being repeated.) 3. Bll'IDJKG SITE IMPRO.YEMENT PLAN (BSIP) - PORT O~URI AlSGEI~ES - Airport Industrial Park, south of the 2300 to 2400 Blocks of West 18th Stree.t Preliminary review of a Binding Site Improvement Plan for a 25 site development in the Industrial Light zone. 4. CQm)lIIONAL USE PERMIT - CUP 99-06 - BOYS AND GIRLS CLUBS OF THE OI,YMPIC PE1~lIlYs.m,A - 2417 W. 19t1LS.treet: A proposal to allow a recreational use in the Industrial Light zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS; Mary Craver (Chair); Fred Hewins (Vice Chair); Bob King, Linda Nutter, Dean Reed (Two Vacancies) PLANNING STAFF: Brad Collins, Planning Director; David Sawyer, Senior Planner; Sue Roberds, Planning Specialist. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 14, 1999 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Dean Reed, Mary Craver, Fred Hewins, Bob King Members Absent: Two Vacancies Staff Present: Brad Collins, Sue Roberds, Dan McKeen Public Present: Ken Sweeney, Mary Morgan, Kenneth Short, Shane Cook, Dana Dolloff, Ron Wills, Steve Eikum, Dennis Hofer, Jack Anderson, Katie Salmon, Ken Williams, Joe Hawe APPROV AL OF MINUTES Commissioner Reed moved to approve the March 24, 1999, meeting minutes as presented. The motion was seconded by Commissioner King and passed 4 - 0 with Commissioner Hewins abstaining due to absence at the meeting. PUBLIC HEARINGS: SHORELINE S_U.BST ANTIAL~YELD-FME~LfERMIT - SMA.99-=:..o.S-= EAIRE~B--.B~oatha~enl2r:iY..e.: Request to construct a second story addition to a pennitted warehouse structure for storage/office use in the Industrial Heavy zone. Planning Director Collins reviewed the Planning Department's staff report recommending approval ofthe shoreline permit as proposed. Chair Craver opened the public hearing. Steve Eikum, 1835 East Fifth Street, represented the applicant and stated Mr. Faires is working with the Port to place the overhead powerline underground. There will be no office use upstairs; just storage. Ken Sweeney, Planning alld Environmental Manager for the Port of Port Angeles, P. O. Box 1350, Port Angeles, confirmed that the subject property is leased from the Port but the building is owned by Mr. Faires. The Port has no objection to the proposed improvement and is willing to provide the required parking for the warehouse use as planned. There being no further comments, Chair Craver closed the public hearing. Commissioner King moved to approve the shoreline substantial development permit with the following conditions, findings, and conclusions: . . . Planning Commission Minutes April 14. 1999 Page 2 Conditions~ 1. All conditions of approval for SMA 98-04 which are as follow: A. The proposed project shall be developed in substantial compliance with the project description and illustrations included in Attachment A for the staff report dated August 12, 1998, for SMA 98-04 and as conditioned in this approval. B. The project shall not reduce the existing public access to the marina and general harbor area. C. The project shall comply with the Public Works Department's requirements for stormwater treatment and control to insure there will be no short term or long term impact on the quality of water in the marina and general harbor area. D. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. E. The proposed project shall meet all requirements of the Port Angeles Municipal Code including fire, buildingl and electrical code requirements. F. The applicant shall obtain all other required permits of the State and/or other agencies with jurisdiction regarding the proposed project. G. Unless otherwise agreed to by the Lower Elwha Klallam Tribe, ifthe subject site has not be 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 Klallarn 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. 2. The project shall comply with requirements of the City's Light Division (as stated in the March 26, 1999, memorandum attached as Attachment C to the Apri114, 1999 staff report). Required vertical clearance from high voltage power lines shall be maintained. . . . Planning Commissioll Mint/les April 14. J 999 Page 3 Findings: Based on the information provided in the staff report dated April 14, 1999, for SMA 99-05 (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, Charles W. Faires, applied for a Shoreline Substantial Development Permit on February 16, 1999. The application was determined complete on February 26, 1999 (Attachment A). 2. A Determination of Non-Significance and Adoption of a Previous Document has been issued by the City of Port Angeles SEP A Responsible Official (#805) for the proposal on April 8, 1999. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban-Harbor in the Otis Shoreline Master Program. 6. A boat repair business is a permitted use in the IH zone per P AMC Section 17.34.020-N. 7. A boat repair business is considered a water-dependent industrial use and is a permitted use in the Shoreline Master Program's Urban-Harbor designation. The proposal is a redevelopment of an existing facility. 8. The approval is for the construction of a second story on a 30' by 50' industrial building previously approved by SMA 98-04 (Attachment B). 9. If the second story is to used as additional storage area, the parking requirement will remain 1 parking space per each three employees and should be met by the existing parking area. If the building is used for any use other than storage, additional parking may be required based on the proposed use and the requirements ofPAMC 14.40. 10. The site is located on the north side of Marine Drive and is located directly adjacent to the east end of the Boat Haven Marina. The vicinity is developed with a number of industrial and recreational oriented facilities. . . . PJanning Commission Minutes April J 4, J 999 Page 4 11. The Waterfront Trail is located along Marine Drive to the south of this location. 12. The City Light Division indicated the proposed second story will conflict with an existing overhead primary power line. They have requested a condition of approval requiring any structure to remain a minimum of 12.5 feet for the existing power line (Attachment C). Conclusions: Based on the information provided in the staff report dated April 14, 1999, for SMA 99-05 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 following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies D-l, J-2, K-l, 2, and 4, and N-l and 2, Chapter 5, Policies D-l, 3 and 9, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies D-1, J-2, K-1, 2, and 4, and N-1 and 2, Chapter 5, Policies D-1, 3 and 9, and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D. As proposed, the project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Nutter and passed unanimously. SHORELINE SIlHST ANTIALJ)-EY--ELOI~MENT PERMIT - SMA 99- 01~_RAYOJS]ER,_7J1QNar:taEnnis.B!re_et: A proposal to recover sunken logs, remove navigational hazards by removal of a storm buoy and portions of armor rock at an existing jetty, and to remove selected mooring dolphins at a former heavy industrial mill site within the Port Angeles Harbor. (This item was originally heard on February 10, 1999, however, due to a procedural error, the public hearing is being repeated.) Commissioner Reed left the room due to an appearance of fairness concern. Planning Director Collins reviewed the Planning Department's February 16, 1999, staff report recommending approval of the shoreline permit. He responded to questions regarding . Planning Commission Minute:; April 14. /999 Page 5 methods which would be used to remove the dolphins and noted additional comments from the Department of Natural Resources (DNR). The DNR remains concerned regarding contamination depth in the log storage area. This initial operation appears to be located relatively near the surface but for operations removing buried logs and piling, sediment sampling at depth should be considered. Mr. Collins responded to Commissioner Hewins that the City is not intending to monitor the work unless concerns are raised during the removal operation that a violation is occurring. Chair Craver opened the public hearing. The Department of Ecology will be removing the staging area and sediment testing will be occurring but not by the City. Dalla Dolloff, Director of Ell vironm en tal Affairs, Rayonier, 1177 Summer Street, Stamford, Connecticut, stated that the proposal is to remove navigational hazards so that a sampling plan can be developed. He introduced Ron Wills, a consultant, to respond to specific questions regarding sediment action. . ROil Willis, Hartman Consulting, BelIevne, Washington, stated that his firm specializes in waterway engineering work and are consultants to Rayonier for the project. Mr. Wills responded to Commissioner Nutter that the mixing zone and compliance boundary will be set by the Department of Ecology (DOE). Monitoring will be done by measuring an unaffected area and holding the activity area to that level. Normally the applicant does the water quality monitoring with review by the DOE. The schedule of removal of the navigational hazards is dependent on how the contract is written. He explained in detail the difference in the use of tongs, clam shell, and grapple use, and where/when each procedure would be most appropriate. Recovered materials will be transported to a materials handling area and washed and stored until the proper disposal can be made. Loose sediment will be contained in the handling area. In response to Commissioner King, he stated that given the geometry of the basin prevailing tides come from the south. The armor rock and jetty material being removed should not have a tidal effect on the area. Tidal action is only effective from the high tide line to -5, mean lower low water. The bottom in the area is from -10 to -20, below the tidal regime. The materials are basically wood debris which does not resuspend like silt or clay sediments. Erosive action should not occur which would cause suspension or transfer of materiaL Mr. Willis responsed to Commissioner Hewins that the contractor normally prepares a water quality plan in conformance with DOE water quality certification requirements. Work will not be done that does not comply with those requirements. Dana Dolloff, stated that a water quality plan has been submitted to the Department of Ecology. There being no further testimony, Chair Craver closed the public hearing. . Commissioner Hewins moved to approve the shoreline substantial development permit as proposed with the following conditions, findings, and conclusions: . . . Planning Commission Minutes April 14, J 999 PlIge6 Conditions of AppruYal:. 1. The project shall comply with the regulations ofthe City's Shoreline Master Program specifically those of Chapters 4 and 5. 2. The proposed project shall comply with all requirements of the Port Angeles Municipal Code including environmentally sensitive area requirements. 3. The applicant shall comply with the mitigation measures required by the City's SEP A Responsible Official in the Mitigated Determination of Non-Significance #825 issued on January 15, 1999 and included in the Planning Department staff report dated February 10, 1999, for SMA 99-01. The required mitigation measures are as follows: A. No washing of logs in the water shall be allowed. All mud/sediments brought aboard shall be disposed of on-shore at a disposal site approved by the Department of Ecology with notice given to the Departments of Natural Resources and Fish and Wildlife. B. A tong-type device such as a grapple, which will not tend to pick up mud, shall be used. Clam shell buckets shall not be used, except for removal of jetty rock. Manually set chokers are acceptable. C. Appropriate techniques shall be used to identify the location of logs such as side scan radar, or CRT screen-type echo sounder. No blind grabbing for logs shall be allowed. D. Dolphins proposed for removal shall be removed completely unless site conditions are found by the Department of Natural Resources to prohibit such removal; in which case, options should be discussed and approved by the Department of Natural Resources. E. Rayonier shall monitor log removal operations to ensure compliance with Department of Ecology water quality standards at the mixing zone boundaries, which must be defined before operation begins, and, if these' standards are exceeded, operations shall be discontinued until compliance can be achieved. F. The project proponent will be required to use sufficient Best Management Practices to me.eJ water quality standards. If water quality standards cannot be met for turbidity, refer to WAC 173-201A-llO. G. The on-shore staging area for salvaged logs, removed piling, and jetty rock shall be on the Rayonier Mill site and not at the originally proposed Ediz Hook site. . Planning Commission Minutes April 14, 1999 Page 7 H. The Department of Ecology shall approve the staging facility at the Rayonier Mill site. 4. The applicant shall obtain all other required pennits of the State and/or other agencies with jurisdiction regarding the proposed project including a Hydraulic Project Approval (HPA) from the Department ofFish and Wildlife.. 5. lfthe subject site has not be 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 detennine 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. . 6. The staging area for the recovery and salvage of the identified materials shall be located on-site at the Rayonier Mill. Eindings: Based on the information provided in the staffreport dated February 10, 1999 for SMA 99- 01 (including all of its attachments), comments and infonnation presented during the public hearing, the Planning Commission1s discussion and deliberation, and subject to the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that 1. The applicant, Rayonier, Inc., applied for a Shoreline Substantial Development Pennit on October 29, 1998 and the application was determined complete on November 6, 1998 (please see Staff Report dated February 10, 1999 for SMA 99-01 Attachment A). 2. A Mitigated Detennination of Non-Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on January 15, 1999 (please see Staff Report dated February 10, 1999 for SMA 99-01 Attachment B). 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. . 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Industrial in the Cityls Comprehensive Plan, Industrial, Heavy . Planning Commission Minutes April14.1999 Page 8 in the City's Zoning Ordinance, and Aquatic-Harbor in the City's Shoreline Master Program. 6. The approval is for: 1) the recovery and salvage of sunken logs; 2) the removal of navigation hazards by removing a storm buoy and sunken portions of armor rock at the existing jetty; and 3) the enhancement and preparation of portions of the site for sale by removing and salvaging selected mooring dolphins as submitted in the application received by the Planning Department October 29, 1998 (Staff Report dated February 10, 1999 for SMA 99-01 Attachment A), and as conditioned by this approval. 7. The following agencies, tribes and/or organizations were given notice of the application and its public comment period: Washington State Department ofFish and Wildlife; Washington State Department of Ecology; Washington State Department of Natural Resources; Point No Point Treaty Council; Lower Elwha Tribal Council; Corps of Engineers; and the Olympic Air Pollution Control Authority. Their comments received by the City of Port Angeles prior to January 15, 1999 included in Staff Report dated February 10, 1999 for SMA 99-01 as Attachments C - G were taken into consideration by the City's SEP A Responsible Official when making his Threshold Determination and the issuance of the project's MDNS. Subsequent comments have been considered by the Planning Commission. . 8. During the application's public comment period, the following individuals submitted written comments: Eleanor Kopp, 1016 N. Whitney Way, Clallam County, and Darlene Schanfald representing the Olympic Environmental Council, 3632 O'Brien Road, Clallam County. These comments included in the Staff Report dated February 10, 1999 for SMA 99-01, as Attachments H and I were taken into consideration by the City's SEP A Responsible Official when making his Threshold Determination and the issuance of the project's MONS. 9. The subject site is identified as a locally unique beach and coastal drift process area and is therefore subject to the City's Environmentally Sensitive Areas (ESA) Ordinance and its regulations. An ESA application and compliance with the City's ESA regulations is required for this application. C.onclusions; Based on the information provided in the staff report dated February 10, 1999 for SMA 99- 01 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, the above listed findings, and subject to the above listed conditions of approval, the City of Port Angeles Planning Commission hereby concludes that: . A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1, D-l, K-2 and 4, and N-l and 2, Chapter 5, Policies E-5 and 8, and all associated regulations. . . . Planning Commission Minutes April 14, 1999 Page 9 B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1, D-I, K-2 and 4, and N-I and 2, Chapter 5, Policies E-5 and 8, and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D, As proposed, the project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner King and passed unanimously. The Commission took a 15 minute break at 8:10 p.m. The meeting reconvened at 8:25 p.m. BINDING--.SIIE.JMPROVEMENT PL~BSIP) - POKLOE...J~nRI AN GELES - AirportJndustrialEarlw-o_utlL<lf..the.23llO-to~4.01lJllod(sJlf :w.estJ.8thStre~t: Preliminary review of a Binding Site Improvement Plan for a 25 site development in the Industrial Light zone. Planning Director Collins noted that the applicant wishes to revise the scope of the project and requested that this item be continued to the Planning Commission's next meeting. Chair Craver opened the public hearing. Commissioner Reed moved to continue the public hearing to the Planning Commission's next meeting. The motion was seconded by Commissioner King and passed unanimously. CO~DJTIONAL USEJERMIT - CU.L9~={16 - BOYS AND~IRLS CLIIBB_OF THE OL YMPILfENIN8.ULA - 2m w. 19t~_et: A proposal to allow a recreational use in the Industrial Light zone. Director Collins reviewed the Planning Department's staff report recommending approval ofthe conditional use permit for a maximum one year. He responded to Commissioner Reed regarding the methods used to notify the applicant of the expiration of the Boys and Girls Club at the subject site in the summer of 1998 and that the applicants had not responded nor requested extension in a timely manner. He identified the potential conflicts that could arise between the recreational use and permitted industrial activities that are usual to an Industrial Light zone. Chair Craver opened the public hearing. Joe Hawe, 414 North Sequim Avenue, Sequim, WA, thanked the Port of Port Angeles,the Clallam Transit Authority, and staff for their work on the current proposal. The Boys and Girls Club is still evaluating its options for a pennanent facility on the west side of Port Angeles but has not as yet been able to find a location that is suitable. The west side club has fifty members and provides services for about thirty members a day. There have not been any incidents with neighboring industrial uses. He personally contacted each neighbor .~ Planning Commission Minutes April 14, 1999 Page 10 to evaluate the concern level, and non were expressed. The sidewalk that extends from 18th Street provides a walking area to the site and bus service is available across the street. Individual Commissioners discussed the poor track record the club has set with its noncompliance of the original conditional use permit limit of operation for the use. Commissioner Hewins asked what assurance the City has that the club will be more responsible than in the past in recognizing permit limitations? Mr. Hawe responded that as Clallam County Sheriff, he would guarantee that conditions of approval would be strictly complied with. The Club is looking at other permanent sites in the west side area. It was earlier planned to combine the west side club with the new Francis Street (east side) club but parents didn't want their children bussed across town. Commissioner Nutter stated that she has no confidence the organization will comply with conditions of approval at this point due to its previous history at this site. .' Mary Morgan, Boys and Girls Club, 1501 Woodcock Road, Sequim, W A, said that the plan to integrate the Clubuse with the Evergreen Family Village operation did not materialize and the temporary nature of the west side club became more than temporary outside of permit limitations. The Club realizes that it was a serious mistake not to work more closely with the City on the zoning violation. The Club intended to close the west side location when the new east side use was started but met with so much opposition from members that efforts were redoubled to find a suitable west side location. The Transit Service authorized a continued lease of the site and she was not aware until the City addressed the issue that the property owner, the Port, was not in agreement. She asked that the Club be given a second chance to prove that it can comply at the site for a year. Shane Cook, 119 South Vine, brought his son who is a Club member. The Club affords a positive place for kids and is an environment where single parents and working parents can feel comfortable leaving their children while working and after school. The Club provides a desperately needed service where supervision is of high quality. Ken Williams, 1504 South Oak Street, stated that as one ofthe County's Superior Court judges, he is well aware of the need for supervised places where youth can go after school and when parents are working to avoid group activities of a questionable and sometimes destructive nature. The Clubs provide a major strategy for serving youth of the community and must be supported. No opposition to the Club has been filed to the best of his knowledge. Other cities are actually constructing such clubs as community facilities because ofthe significant reduction that is proven in the reduction of crime and resulting court costs. The facilities should be encouraged not discouraged. As a Board Member, he is not happy that the condition of approval for the original permit was ignored; however, it won't happen agam. '. Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, P.O. Box 1350, Port Angeles, confirmed that a sidewalk does exist within the Industrial Park to the site. The Port's concern is long term, not immediate. . . . Planning Commission Minutes Apn'J 14. 1999 Page II Katie Salmon, 904 SlIerbourne Road, Sequ;m, is manager of the west side club. The Club is really important to the kids it serves. In these hard times where parents don't know where their children are after school, the Club offers a friendly, structured environment. She urged that the permit be approved. Planning Director Collins confirmed that to his knowledge there have been no complaints from either industrial neighbors or anyone else regarding the operation of the west side facility. Staff's only concern is over the long term use ofthe site for the Club activity within the Industrial Park. There being no further comments, Chair Craver closed the public hearing. Following short discussion and admonishment regarding the previous lack of response with regard to the conditions of approval for the original permit, Commissioner Reed moved to approve the conditional use permit citing the following conditions, findings, and conclusions: Conditions' I. The Conditional Use Pennit is approved for one year and shall be void after that with no opportunity for renewal. 2. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of buildings. 3. There are no existing industrial uses in the vicinity which would adversely impact the use. 4. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to a permitted use, the conditional use permit shall become void and the use shall cease. 5. Operation ofthe facility must remain in strict compliance with all appurtenant Fire and Building Code requirements. Parking must be approved by the City's Engineer. Findings: Based on information provided during the April 14, 1999, public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Sequim Boys and Girls Club applied for a conditional use permit to allow operation of a boys and girls club located at 2417 W. 19th Street in the IL zone on February 25, 1999. 2. A previous, identical conditional use permit application was denied by the Planning Commission following a public hearing conducted on September 24, 1997. . . . Planning Commission Minutes April 14, J 999 Page 12 3. The City Council approved the conditional use permit on appeal following a public hearing conducted on October 24, 1997, for a term of 6 months with the possibility of extension for an additional 6 months. 4 The Comprehensive Plan Land Use Designation for the subject property is Industrial. 5. The subject property is zoned Industrial, Light (lL). 6. The purpose ofthe IL zone is as follows: IL--.Ztme ''This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property. and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from prefabricated materials, product wholesaling. and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. " 7. Section 17.08.090, B of the Port Angeles Municipal Code defines "recreation facility or area, non-commercial" as "a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground, or other similar use operated and maintained by a non-profit club or organization." 8. The Boys and Girls Club of the Olympic Peninsula is a nonprofit community organization. 9. The City's Parking Ordinance requires one off-street parking space for each 400 square feet of office floor area and commercial recreation facilities require one space for each 200 square feet of area. 10. Clallam County Sheriff Hawe provided testimony that the temporary industrial site is a safe location for the Boys and Girls Club activity. Police Chief Ilk agreed. 11. The Boys and Girls Club operated under a conditional use permit at the proposed location within the Airport Industrial Park for 6 months. That use continued for an additional year without a conditional use permit. 12. The Boys and Girls Club has operated at the industrial park site in the Industrial Light zone for the past 18 months with no apparent safety concerns experienced. Conclusions; Based on information provided during the April 14, 1999 public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: . . . Planning Commission Minutes April 14. J 999 Page J 3 A. The Comprehensive Plan's Land Use Element Policies A1, D2, and G2 are directly relevant to the proposed project. B. The proposed use is similar to both a public park and recreation facilities and as such is in compliance with Section 17.32, the lndustrial Light zone, of the Port Angeles Municipal Code. C. There are no existing industrial uses in the vicinity which would adversely impact the social and recreational activities of the Boys and Girls Club at this time. The motion was seconded by Commissioner King and passed 4 - 1 with Commissioner Hewins voting in the negative. Mr. Hewins explained that the lack of attention to the condition of approval on the part of the applicant, and continued year of operation under an expired permit were reasons for his "no" vote. He believes the Club needs time to build back the trust factor which could be done in observation of the new (east side) club. COMMUNICATIONS FROM THE PUBLIC None. ST AFF ~PORTS Director CoItins noted that the American Planning Association's National Conference will be held in Seattle on April 24 - 28. Commissioners Nutter, Planner Sawyer, and he will be attending. He noted that the City is working on watershed issues and that there are public forums scheduled for April 19 and May 22, City Council Chambers. REPORTS OF COMMISSION MEMBERS Due to lack of a quorum for the April 28th meeting, it was decided to cancel the meeting and to provide that notice to the public. Commissioner Nutter noted that view corridors are still an issue that needs to be addressed. The lack of the City's ability to enforce conditions ofpermmits is embarrassing and frustrating. Commissioner Hewins noted that the Planning Commission needs to ensure that conditions of permit approvals are enforceable. He has reported that the Virginia Mason Physician's Clinic is in violation of a Parking Variance but no action has been taken. Unenforceable conditions or lack of manpower to enforce is a problem that needs to be dealt with. Staff and the City's Attorney must be ready to enforce the Zoning Ordinance requirements. There was considerable discussion on the ability to deny a permit based on past actions by an applicant. ADJoURNMENT The meeting adjourned at 10:00 p.m. Brad Collins, Secretary Mary Craver, Chair . . . 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