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Minutes 06/08/1994 . . -:. AGENDA CITY OF PORT ANGELES . PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 June 8, 1994 7:00 P.M. I. CALL TO ORDER ll. ROLL CALL ill. APPROVAL OF MINUTES: Minutes of May 25, 1994. IV. PUBLIC HEARINGS: 1. SHORELINE MANAGEMENT PERMIT - SMA 94(07)142 - DEPARTMENT OF NATURAL RESOURCES. North of Ediz Hook: Request for approval of a permit to allow an unconfined open-water dredge disposal site. 2. ZONING CODE AMENDMENT - ZCA 94(05)01 - CLALLAM TRANSIT AUmORITY. LI. Light Industrial Districts. Proposal to amend the City's zoning regulations with regard to the height of radio towers in the LI, Light Industrial Districts. 3. ZONING CODE AMENDMENT - ZCA 94(06)02 - NORTH OLYMPIC LmRARY SYSTEM. Office Commercial Districts: Proposal to amend the City's zoning regulations to allow libraries as permitted uses in the OC, Office Commercial Districts, 4. CONDITIONAL USE PERMIT - CUP 94(06)05 - FRIZZELL. 1014 Marine Drive: Request to allow a retail sales of marine related supplies in the M-2, Heavy Industrial District. S. ZONING CODE AMENDMENT - ZCA 93(12)01 - CITY OF PORT ANGELES: Proposal to amend Chapter 17.70 (planned Residential Development Chapter) as it relates to exterior setbacks. (This item is continued from April 27, 1994.) Members: Orville Campbell, Chair, Bob Winlers, Cindy Souders, Bob Philpott, Linda Nutter and Tim Gelllllln. Planning Slllff: Brad Collins, Director; John Jimerson, Associate Planner; Sue Roberds, Office Specialist, David Sawyer, Sr. Planner. . . . V. C01\1MUNICA TIONS FROM mE PUBLIC: VI. STAFF REPORTS: 1. Review Agency Comments on Draft Comprehensive Plan VII. REPORTS OF COMMISSION MEMBERS: VID. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 (to 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 Chairman 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 their 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 Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 8, 1994 7:00 P.M. I. CALL TO ORDER Vice-Chairman Campbell called the meeting to order at 7:00 P.M. II. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Bob Philpott, Orville Campbell and Tim German. Members Excused: Bob Winters. Staff Present: John Jimerson, Brad Collins and David Sawyer. Public Present: Cheryl Baumann, Dave Olexer, Terry Weed, Eric Gilman, Craig Miller, Don Frizzell, Gary McLaughlin. ID. APPROV AL OF MINUTES Commissioner Philpott moved to approve the minutes of the May 25, 1994t meeting, as submitted. The motion was seconded by Commissioner Gennan and passed unanimously. IV. PUBLIC HEARINGS SUBST ANTIALDEVEWPMENT PERMIT - SMA 94(05)142 - DEPARTMENT OF NATURAL RESOURCESt North of Ediz Hook: Request for approval of a permit to allow an unconfined open-water dredge disposal site. John Jimerson reviewed the Department Report and responded to questions from the Planning Commission. Vice-Chair Campbell opened the public hearing. Eric Gilman, P.O. Box 47027, Olympia, represented the Department of Natural Resources. He explained the Puget Sound Dredge Disposal Analysis (PSDDA) process, management plan and environmental impact statement. He provided an overview of the process for testing materials. Material would likely be from local dredging projects or possibly from the sedimentation behind the Elwha dams. It is uneconomical to transport materials from the Seattle area. State law states that a substantial development permit expires within two years if . . . Planning Commission Minutes June 8, 1994 Page 2 substantial progress has not occurred. Although there has been no disposal at this site, the City concurred that progress had been made through the development of the plan and environmental review. DNR does not have any problems with the interpretation of the disposal site as a classified use in the Shoreline Master Program (SMP). The interpretation streamlines the bureaucratic process, and the project is consistent with the SMP. At the time a specific disposal is proposed, the U.S. Army Corps of Engineers will evaluate alternatives to use of PSDDA sites. The monitoring of other sites in the Puget Sound has shown that the materials do disperse as expected, and mounding at the bottom has not occurred. The standards for testing for acceptable levels of chemicals in the soil were set in 1989. Testing is conducted by one of three independent labs which have been approved by the State. The site has not been used yet because of the lack of dredging activity in the area. In response to a question, Brad Collins indicated it is normal practice for the proponent with SEP A authority to take lead agency status. The City has the right to take lead agency should they desire. Allowing the proponent to complete the SEP A review reduces impacts on the City's fiscal resources. There being no further testimony, Vice-Chairman Campbell closed the public hearing. Commissioner Souders moved to recommend the City Council approve the substantial development permit subject to the following conditions, citing the following findings and conclusions: Conditions: A. The Washington State Department of Natural Resources shall annually provide to the Port Angeles Planning Department the following information: (1) The dates and times of all disposal events at the site; (2) A copy of the test data of the dredged material, including an interpretation of the data; (3) A description of the physical properties of the dredged material; (4) A description of the site from which the material was dredged; and (5) The name of the dredging contractor and the tug captain. B. The Washington State Department of Natural Resources shall, within ten (10) days of disposal, notify the City of Port Angeles Planning Department of any violations of the Department of Natural Resources Dredged Material Disposal Requirements. Findings: 1. The proposed dredged material disposal site is located in an Urban Shoreline Environment and has been reviewed for consistency with the Port Angeles . . . Planning Commission Minules June 8. 1994 Page 3 Shoreline Master Program. 2. The potential environmental impacts of the dredged material disposal site have been reviewed through an Environmental Impact Statement prepared by the Washington State Department of Natural Resources and the United States Army Corps of Engineers. The final Environmental Impact Statement has been adopted by the Department of Natural Resources; acting as the SEP A lead agency. 3. Public notice has been given. as required by the Shoreline Management Act, Chapter 90.58 RCW, and the Port Angeles Shoreline Master Program, Chapter 15.08 PAMC. 4. The proposal is for a dispersive, unconfined, open-water dredged material disposal site to be located approximately 3.5 miles north of Ediz Hook, at Latitude 48 degrees 11.68 minutes, Longitude 123 degrees 24.86 minutes. 5. The dredged material disposal site is one of several identified in the Puget Sound Dredged Disposal Analysis and is anticipated to accommodate 285,000 cubic yards by the year 2000. 6. The dredged material disposal site covers 884 acres at an average depth of 435 feet. The site is considered to be dispersive, which requires additional testing of the materials prior to disposal and monitoring to ensure dispersion is occurring and excessive mounding is not. 7. The site is required to comply with the Management Plan for unconfined open- water disposal prepared by the Washington State Department of Natural Resources and the United States Army Corps of Engineers. 8. Dredged material disposal is classified as dredging activity as contained in the Port Angeles Shoreline Master Program. 9. The Puget Sound Dredged Disposal Analysis Management Plan was prepared through a cooperative effort between the Washington State Departments of Natural Resources and Ecology, the United States Army Corps of Engineers and the Environmental Protection Agency. 10. All dredged material to be disposed at the proposed site must meet criteria established by the Department of Natural Resources and Army Corps of Engineers for dispersive, unconfined, open-water disposal. 11. Dredging, including dredged material disposal, must comply with permitting requirements of the Army Corps of Engineers, the Department of Natural Resources, the Department of Ecology, and the Departments of Fisheries and Wildlife. . . . Planning Commission Minutes June 8, 1994 Page 4 Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.1 & 5; and Land Use Element D.6 and D.14 c, d & e. B. The proposal has been reviewed consistent with the procedural requirements as contained in Chapter 173-14 WAC. C. The proposal will not be detrimental to the shoreline. The motion was seconded by Commissioner Nutter and passed 5-0. ZONING CODE AMENDMENT - ZCA 94(05)01 - CLALLAM TRANSIT AUTHORITY, LI, Light Industrial District: Proposal to amend the City's zoning regulations with regard to the height of radio towers in the LI, Light Industrial District. John Jimerson reviewed the Department Report. Vice-Chairman Campbell opened the public hearing. Terry Weed, Clallam Transit, 2417 W 19th Street, indicated they have applied to the F.A.A. for permits to construct the tower, and they expect to receive the necessary approval. There are already radio towers with similar heights in town. The height of the tower is based on the recommendation of a radio expert. Brad Collins clarified the proposal is to amend the zoning code and is not for conditional use permit approval of a specific radio tower. There being no further testimony, Vice-Chairman Campbell closed the public hearing. Commissioner German moved to forward a recommendation to the City Council to add radio towers in excess of 35 feet as a conditional use in the Light Industrial zone, citing the following f"mdings and conclusions: Findings: 1. The zoning code amendment will modify Section 17.32.040 PAMC by adding "Radio towers exceeding thirty-five (35) feet." 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goal No.3 & 3; Commercial Policies Nos. 1-4; Industrial Development Policies Nos. 5 & 6; and Land Use Objectives Nos. 1&7. 3. The purpose statement states the purpose of the Light Industrial zone is to create and preserve areas for industrial uses in a planned, park-like setting, in close Planning Commission Minutes June 8, 1994 Page 5 . proximity to airports and highways and that permitted uses are largely devoid of nuisance factors. 4. A Determination of Non-Significance was issued for the proposal on May 20, 1994. 5. Most of the Light Industrial Zoned property is located around the perimeter of the airport. There are limited amounts of LI zoned property near the waterfront. 6. There are uses permitted in the Light Industrial zone that may need radio towers in excess of 35 feet taIl including airports, mass transit services, and maintenance yards for contractors and governments. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No.2. C. The Zoning Code Amendments are consistent with the intent of Chapter 17.32 of the Port Angeles Municipal Code. . The motion was seconded by Commissioner Souders and passed 5-0. ZONING CODE AMENDMENT - ZCA 94(06)02 - NORTH OLYMPIC LmRARY SYSTEM, Office Commercial Districts: Proposal to amend the City's zoning regulations to allow libraries as a permitted use in the OC, Office Commercial District. John Jimerson reviewed the Department Report. Vice-Chairman Campbell opened the public hearing. Gary McLaughlin, NOLS, 2210 S. Peabody, stated the amendment will give them more flexibility in constructing a new library. He prefers it be listed as a permitted use, but understands the reasoning for a conditional use permit and he can accept the staff recommendation. He explained that limited financial resources will restrict the ability of the library to extend their hours beyond the those already provided. The library will become an information center, but with the new technology and increasing use of the Internet much of the use of the library will involve people using their personal computers and not even going to the library. There being no further testimony, Vice-Chairman Campbell closed the public hearing. . Commissioner Philpott moved to forward a recommendation to the City Council to amend the OC zone district by adding Libraries as a conditionally pennitted use, citing the following rmdings and conclusions: Planning Commission Minules lu~ 8, 1994 Page 6 . Findings: 1. The zoning code amendment adds Section 17.20. 160(A)(12) "Libraries". 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goals Nos. 3-5; Commercial Policy No.3; Community Facilities Objectives Nos. 1 & 2; Social Objectives Nos. 2 & 3; and Land Use Objectives Nos. 1, 2 & 7. 3. The Office Commercial Zone is for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation or contain impacts that would be detrimental to adjacent residential areas. 4. The use is not retail oriented. Libraries will typically be open on some evenings and Saturdays. Some of the non-residential uses in the OC zone include business and professional offices, banks, medical and dental clinics, day care centers, churches, business colleges, beauty shops, businesses selling medical supplies and business parking lots. 5. Libraries are conditionally permitted in the RS-7 RS-9 and RHD zones and are permitted in the PBP zone. . 6. A Determination of Non-Significance was issued for the proposal on May 12, 1994. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No.2. C. The Zoning Code Amendments are consistent with the intent of Chapter 17.32 of the Port Angeles Municipal Code. The motion was seconded by Commissioner Gennan and passed unanimously. CONDITIONAL USE PERMIT - CUP 94(06)05 - FRIZZELL, 1014 Marine Drive: Request to allow retail sales of marine related supplies in the M-2, Heavy Industrial District. John Jimerson reviewed the Department Report and answered questions of the Commission. . Vice-Chairman Campbell opened the public hearing. . . . Planning Commission Minutes June 8, 1994 Page 7 Craig Miller, 230 W. Fifth, representing the applicant indicated he has no comments and is willing to answer questions. He stated the applicant can comply with the recommended conditions of approval. There being no further testimony, Vice-Chairman Campbell closed the public hearing. Commissioner German moved to approve the conditional use permit, subject to the following conditions and citing the following fmdings and conclusions: Conditions: 1. The applicant shall apply for and receive a certificate of occupancy from the Building Division within one month of the date of approval of this conditional use permit. 2. The applicant shall apply for and receive a sign permit for all of the signs prior to issuance of a certificate of occupancy. 3. The applicant shall demonstrate the site conforms to the parking ordinance requirements prior to issuance of a certificate of occupancy. Findings: 1. The request is to allow a marine supply store to be located at 1014 Marine Drive. 2. The property is zoned Heavy Industrial (M-2). 3. The Comprehensive Plan identifies the site as Heavy Industrial. The following Goals, Policies and Objectives have been identified as being the most relevant to the proposal: Goals Nos. 2 & 3; Commercial Policy No.1; Circulation Policy No. 18; Economic Objectives Nos. 1 & 2; Land Use Objectives Nos. 1 & 2. 4. A Determination of Non-Significance was issued for a zoning code amendment to the M-2 zone district on March 24, 1994. The DNS was adopted by reference for this conditional use permit. 5. The site is located across the street from the boathaven marina. 6. A minimum of one parking spaces for every 300 s.f. of floor area are required for retail uses. 7. Twelve signs, with an unknown total area, have been installed on the site without a sign permit. The M-2 zone allows a maximum area of 400 square feet. Conclusions: A. The proposed use is compatible with the surrounding uses and with the intent of . . . Planning Commission Minutes June 8, 1994 Page 8 the M-2 zone. B. The Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. The permit is conditioned to ensure compliance with the Port Angeles zoning, parking, uniform sign and building codes. C. The proposal is consistent with the Comprehensive Plan policies listed in Finding No.3. The motion was seconded by Commissioner Souders and passed unanimously. ZONING CODE AMENDMENT - ZCA 93(12)01 - CITY OF PORT ANGELES: Proposal to amend Chapter 17.70 (planned Residential Development Chapter) as it relates to exterior setbacks. John Jimerson noted this was a continued public hearing. The findings and conclusions presented at the previous meeting were in the packet for consideration. He noted a letter has been submitted by Nancy McHenry on the proposal. Brad Collins added the proposal would allow for more flexibility for design of buildings within the building envelope. Vice-Chairman Campbell opened the public hearing. There being no testimony, he closed the public hearing. The Planning Commission discussed the ramifications of the proposed change including impacts on open space, achievable densities and protection of environmentally sensitive areas. Commissioner Nutter moved to approve the zoning code amendment which requires a minimum 25 foot setback on all exterior property lines of a PRD. The motion was seconded by Commissioner Philpott and failed by a 2-3 vote, with Commissioners Campbell, Souders and German voting no. The Planning Commission agreed the issue needs to be revisited in the context of a more comprehensive review of the PRD ordinance. In the interim, they concluded the confusion that arose with the Highland Communities PRD could be avoided if a clarification is made that the exterior setbacks are determined by the final lot configuration after subdivision. Commissioner German moved to amend Section 17.70.040 by adding to following sentence to the end: "For the purpose of this section, setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property." The motion was made citing the following findings and conclusions: Findings: 1. The intent of Chapter 17.70 (pRD Ordinance) includes provision of alternative zoning regulations to encourage design flexibility to result in a residential . . . Planning Commission Minutes June 8, 1994 Page 9 environment of higher quality than traditionallot-by-lot development. 2. The PRD ordinance allows multi-family building structures to be located within single family residential neighborhoods. 3. The PRD ordinance allows higher buildings, reduced setbacks and increased lot coverage from those standards that are required for surrounding properties. 4. The City has experienced confusion with respect to the interpretation of Section 17.70.40 PAMC. Conclusions: A. The amendment is in the public use and interest. B. The amendment clarifies the requirements for exterior setbacks for PRD's as contained in Section 17.70.040 PAMC. The motion was seconded by Commissioner Souders and passed 4-1, with Commissioner Nutter voting no. Commissioner Nutter indicated the 25 foot setback would protect the surrounding neighborhoods. V. COMMUNICA nONS FROM THE PUBLIC None. VI. STAFF REPORTS David Sawyer presented a compilation of comments on the Draft Comprehensive Plan received from the Department of Community, Trade and Economic Development, Clallam County and the Puget Sound Water Quality Authority. He noted the GMAC response to the comments were on the list, and asked if the Planning Commission would like to add their own comments to the responses. After some discussion, Commissioner Souders moved to conduct a special meeting on June 15, 1994, to discuss the comments, provided the meeting does not exceed 1.5 hours. The motion was seconded by Commissioner Nutter and passed unanimously. John Jimerson confirmed that the second regular meeting of June has been moved to June 29, 1994, and that a public hearing has been scheduled to consider the draft Shoreline Master Program. The draft will be available about a week prior to the hearing. The Citizen Advisory Committee doesn't expect the Planning Commission to take an action on the proposal on the 29th, but rather to, use the meeting to provide an introduction to the document. Brad Collins noted that in addition the legal ads, a block ad and press release will be prepared to encourage public participation. Planning Commission Minutes June 8, 1994 Page 10 VD. REPORTS OF THE COMMISSION . Commissioner Philpott stated he was very impressed with the way in which the City Council handled the public hearing for Albertsons. Commissioner Campbell noted there is an APA meeting at Seabeck (Silverdale) on June 23, 1994. Brad Collins indicated those members that want to attend should contact the Planning Department for transportation arrangements. Commissioner Nutter noted there was grading occurring at the Head Start facility on Lauridsen Boulevard. She was concerned with the lack of landscaping and erosion control. Staff will investigate. Commissioner Nutter indicated she sent a letter to the Mayor and copies to the rest of the Council asking them not to accept Carl Alexander's resignation, and she suggested the City Council and Planning Commission meet to discuss roles in the decision making process. The Commission decided they would consider the idea at their July 13, 1994, meeting. Brad Collins indicated that the Commission should schedule elections of officers for July 13, 1994, to replace Chairman Alexander. vm. ADJOURNMENT . The meeting adjourned at 9:50 p.m. ~.~ cf2&(Jt;:?M . Orville Campbell, Vice-Chairman PREPARED BY: John Jimerson . . . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: 1- AJ~~ /v~ 01 IC- C' 2- ~(() \ I \ , \ \.