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HomeMy WebLinkAboutMinutes 04/23/1997 . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 23, 1997 7:00 p.m. ROLL CALL Members Present: Martie Lucas, Cindy Souders, Tim German, Dean Reed, Mary Craver, Bob King Member Excused: Linda Nutter Staff Present: Brad Collins, Sue Roberds, Dan McKeen Public Present: Kenneth Sweeney, Don Frizzell APPROVAL OF MINUTES Commissioner Souders moved to approve the April 23, 1997, minutes as submitted. The motion was seconded by Commissioner Reed and passed 4 - 0 with Commissioners Lucas and King abstaining due to their absence at that meeting. PUBLIC HEARINGS: SHORELINE MANAGEMENT PERMIT - SMA 97-03, 900 Block Marine Drive: Request for a permit to allow the construction of a boat maintenance building and expansion of a boatyard facility in the IH, Industrial Heavy zone. Planning Director Collins reviewed the Planning Department's report recommending approval of the permit as requested. He corrected a discrepancy in the legal description contained in the shoreline application for the record. Chair German opened the public hearing. Ken Sweeney, Port of Port Angeles Environmental Manager, 338 West First Street, Port Angeles, concurred with the staffs recommendation and responded to questions regarding staffs proposed conditions of approval. A zoning lot covenant will be filed as required. The correct legal description is Lots 1- 5, Block 105, Townsite of Port Angeles. He referred to an amended parking plan that has been approved by the City's Engineer and acknowledged that he is aware of the parking requirements for the proposal. In response to Commissioner Craver, Don Frizzell, 4016 Old Mill Road, an owner of the . . . Plallning Commission Millutes - April 13, 1997 Page 2 business involved (peninsula Marine Repair), answered that one-half of the existing building will remain unchanged and be used as storage. The new building will be constructed as a machine/repair/fabrication shop to support the new use under the proposed permit. There being no further questions, Chair German closed the public hearing. Following brief discussion, Commissioner Reed moved to approve the shoreline substantial development permit as recommended by staff citing the following conditions, findings, and conclusions. Conditions: 1. The project shall comply with the regulations ofthe City's Shoreline Master Program specifically those of Chapters 4,5 and 6. 2. The proposed project shall meet all requirements of the Port Angeles Municipal Code including fire, building, and electrical code requirements. 3. The applicant shall submit a parking plan to the City Planning Department for the subject site which complies with the requirements of the City's Off-Street Parking Ordinance. 4. The applicant shall file a zoning lot covenant with the Clallam County Auditor that combines the subject site into one lot for zoning and building permit purposes. 5. The applicant shall comply with the requirements of the Public Works Department (including stormwater management) in their memorandum dated March 26, 1997. 6, This approval is subject to the requirements of the City's Environmentally Sensitive Areas Ordinance. 7. The applicant shall obtain all other required permits of the State and/or other agencies with jurisdiction regarding the proposed project. 8. 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 . . . Planning Commission Minutes - April 23, /997 Page 3 is properly salvaged. Eindings: Based on the information provided in the staffreport dated April 23, 1997 for SMA 97-03 (including all of its attachments), comments and information presented during the public hearing, and the PlalUling Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: I. The applicant, the Port of Port Angeles, applied for a Shoreline Substantial Development Permit on March 6, 1997, and the application was determined complete on March 28, 1997 (please see Staff Report dated April 23, 1997 for SMA 97-03 Attachment A). 2. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on March 4, 1997. 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 City's Shoreline Master Program. 6. Ship repair and storage yards are pennitted uses in the IH zone per P AMC Section 17.34.020, N and O. 7. Ship repair and boat storage yards are considered water-dependent and water related industrial uses and are pennitted uses in the Urban-Harbor designation. The proposal is a redevelopment and improvement to an existing facility. 8, The nearest residents are over 100 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 9. The approval is for the construction of a new 50' by 120' industrial building to be used for a private boat repair business and for related fencing. 10. The site is located on the south side of Marine Drive and is not located directly adjacent to the shoreline. The vicinity is developed with a number of industrial, recreational and tourist oriented facilities. II. The Waterfront Trail is located on the north side of Marine Drive at this location. Conclusions: . . . Planning Commission Minutes - April 23. 1997 Page 4 Based on the information provided in the staffreport dated April 23, 1997, for SMA 97-03 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-I 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-l, J-2, K-l, 2, and 4, and N-I and 2, Chapter 5, Policies D-l, 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 King, and passed 6 - o. Mr. Collins clarified that in discussions with the applicant, the City's parking requirements were explained as being based on one (1) parking space for each three (3) employees with a minimum of ten (10) spaces. With the proposed six (6) employees, the minimum (10) spaces will be required. SHORELINE MANAGEMENT PERMIT - SMA 97-05t-212_Ced3.L&tre.et Request for a permit to allow the extension of the Port's Terminal No.1 Pier in the IH, Industrial Heavy zone. Planning Director Collins reviewed the Planning Department's staff report recommending approval ofthe shoreline substantial development permit to lengthen Marine Terminal No. I by approximately 210 feet by 32-feet wide and the installation of six (6) mooring dolphing along the existing pier. The pier is used for vessel moorage. Commissioner Reed questioned staffs recommendation regarding Condition No. I that requires an archaeologist to be on-site for this project since it is so obviously in an area that has always been undelWater. Mr. Collins responded that the condition is proposed in sensitivity to Tribal interests; however, in the Aquatic Harbor, there probably wouldn't be any disturbance of soils that would contain cultural artifacts. He noted that the staff report's reference to the site being in the Urban Harbor was in error. References should indicate the area is in the Aquatic Harbor. There will be piling in the area, but without a historic low level of the Strait, the area should not require the cultural condition. The Tribe has waived this condition in similar situations. There being no further Planning Commission Minutes - April 23, 1997 Page 5 . questions of staff, Chair German opened the public hearing. Ken Sweeney, Planning and Environmental Manager of the Port of Port Angeles, 338 West First Street, provided slides ofthe area indicating why the Port is in support of this project. Larger ships extend well beyond the actual face of the pier and are held by mooring dolphins at the east end. The Port is having difficulty in accommodating larger ships with the restricted pier length. Given the mass of the larger tankers, cleats along the bull rail are not adequate to hold the vessels in place. The bollard improvement proposed is to provide substantial bollards that are attached to solid ground for support. The extended pier will be concrete and, with the use of concrete piling, no bollards will be required in that area as mooring lines will be directly attached to the pier. He corrected the application in that five (5) bollards will be required rather than six (6), In regard to the proposed archaeological Condition No. I, he indicated that a 1925 historic soundings chart shows the location of the proposed pier extension to be 1400' off shore and in 43' of water, therefore, there should not be a need for an archaeological review of the site. There being no further testimony, Chair German closed the public hearing, Commissioner King moved to concur with the staff's recommendation to approve the shoreline substantial development permit as requested. Commissioner Reed seconded the motion. Following discussion regarding the need for the subject site to be archaeologically surveyed, Commissioner Souders moved to eliminate that proposed condition and cite the following . conditions, findings, and conclusions as follows: .conditions: 1. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 2. The proposed project shall meet all requirements ofthe Port Angeles Municipal Code including fire, building and electrical code requirements. 3. The applicant shall obtain all required permits of the State and/or other agencies with jurisdiction regarding the proposed project. The applicant shall specifically satisfY the concerns of the State Department ofFish and Wildlife regarding the additional shaded areas resulting from the proposed extension and its effect on salmon and steelhead habitat. Findings: . Based on the information provided in the staff report for SMA 97-05 dated April 23, 1997, (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, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on March 24, 1997, and the application was determined . . . Planning Commission Minures. April 23. 1997 Page 6 complete on March 28, 1997, ( see Staff Report for SMA 97-05 dated April 23, 1997). 2. The proposal is to lengthen Marine Terminal # 1 by approximately 210 feet with a 32' wide extension of the existing pier along with the installation of five (5) 8' by 8' mooring dolphins along the existing pier. 3. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on March 14, 1997. 4. The application and hearing process was advertised in accordance with the legal requirements ofthe City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 6. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Aquatic Harbor in the City's Shoreline Master Program. 7. Marinas and freight terminal facilities are considered water-dependent industrial uses and are permitted uses in the Aquatic Harbor designation. 8. The nearest residents are over 1000 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 9. The applicant referenced a 1925 historic soundings chart which indicates that the proposed site was approximately 1400' offshore and in 43' of water. Conclusions.: Based on the information provided in the Staff Report for SMA 97-05 dated April 23, 1997, 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 Policy A-2, Conservation Element Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies D-I, H-l and 4, J-2, K-I, 2 and 4, and N-l, Chapter 5, Policies 0-1,3 and 9, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policy A-2, Conservation Element Policies B-1 and 0-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies 0-1, H-l and 4, J-2, K-I, 2 and 4, and N-l, Chapter 5, Policies 0-1,3 and 9, and all associated regulations. . . . Planning Commission Minutes - April 23. 1997 Page 7 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 maker and second of the motion agreed with the amendment, and the motion passed 6- o. In closing, the Commission concurred that the intent of removal of the archaeological condition should only be viewed as more realistic in light of the testimony provided by the applicant with regard to the bottom depth information entered as testimony. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Planning Director Collins noted some of the upcoming applications pending the Commission's review in May. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 7:45 p.m. Tim German, Chair PREPARED BY; S, Roberds .' . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 April 23, 1997 7:00 p.m. I. CALL TO ORDER II. ROLLCALL III. APPROVAL OF MINUTES: April 9, 1997 IV. PUBLIC HEARING: 1. SHORELINE MANAGEMENT PERMIT - SMA 97-03, 900 Block Marine-.Dr:iY...e.: Request for a pennit to allow the construction of a boat maintenance building and expansion of a boatyard facility in the IH, Industrial Heavy zone. 2. SHORELINE MANAGEMENT PERMIT - SMA 97-04, 212 Cedar Street and 1305 Marinenr.i.Y.e~. Request for a pennit to allow the extension of the Terminal No.1 Pier and expansion of an existing public restroom facility to be handicapped accessible in the IH, Industrial Heavy zone. v. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIn. ADJOURNMENT PLANNING COMMISSION: Tim German, ( Chair), Dean Reed (Vice), Bob King, Cindy Souders, Linda Nuller, Mary Craver, Martie Lucas. STAFF: Brad Collins, Director, Sue Robl:rds Planning Speei.lis~ David Sawyer, Senior Planner. . . . All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chair may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to thcir spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chair. PLEME SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster MeetingDate:~fJ dj/9P/ , "" ....'" "' ';"::;'.;-J:l~~~" " :NAMEC ADDRESS:' .~ ~:f,~ ~t/~~ ~.~". ~...-'~ ~;L f),fV'"\ ~LAJ Li() {Co (~) frvklI Ii cL PA-l (J/