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HomeMy WebLinkAboutMinutes 07/12/1989 . . . 1. II. AGENDA PORT ANGELES PLANNING CDMMISSION 321 Esst: ~Ift:h St:reet: Part: Angeles. Wsshlngt:an 9S362 JULY 12, 1989 7:00 P.M. CALL TO ORDER ROLL CALL III. APPROVAL OF MINUTES: Meeting of June 28, 1989 IV. PUBLIC HEARINGS: 1. SHORELINE MANAGEMENT PERMIT - SMA 89 (03)96 - SCHMITT, Railroad Avenue: Request to replace one damaged pile and add seven new piles with planking between for a commercial charter fishing operation. (The applicant has requested withdrawal of this application.) 2. CONDITIONAL USE PERMIT - CUP 89(05)8 - CAMPBELL, 4407 Fairmont: Request for a social club to be located as a conditional use in the CSD-C2, Community Shopping District. 3. SHORELINE MANAGEMENT PERMIT - SMA 89(07)10 - DAISHOWA AMERICA, Marine Drive and vacated "K" Street: Request for a shoreline permit to allow upgrade of the alder chipping facility and dredging of the adjacent Harbor area. 4 . CONDITIONAL USE PERMIT - CUP 89(07)11 - PA SHAKE Airport Industrial Park, Reyes and 19th Streets: a permit to allow a shake and shingle mill to be in the LI, Light Industrial District. AND SHINGLE, Request for located with- 5. REZONE REQUEST - REZ 89(07)5 - DEL HUR, INC., Del Guzzi Road south to Lindberg Road: Request for a rezone of approximately 36 acres from RS-9, Single-Family Residential, to RMF, Resi- dential Multi Family. (Staff is requesting a continuance of this item.) 6. CONDITIONAL USE PERMIT CUP 89(07)13 - SYBIL, 707 S. Chase: Request for a permit to allow expansion of an existing con- ditional use for a skating rink, located in the RMF, Residen- tial Multi-Family District. 7. STREET VACATION REQUEST - STV 89(07)6 - SNYDAL, West Third Street: Request for vacation of a portion of West Third Street. . . . PLANNING COMMISSION AGENDA July 12, 1989 V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS: 1. Revised sign ordinance draft VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT The Planning Commission will not commence a new hearing beyond 10 P.M. Any item not started prior to that time will automatically be continued to the next regularly scheduled meeting of the Commission, which will be August 9, 1989. . PLANNING COMMISSION Port Angeles, Washington July 12, 1989 I CALL TO ORDER Chairman Cornell called the meeting to order at 7:05 P.M. II ROLL CALL Members Present: Jerry Glass, Larry Leonard, Jim Hulett, Bob Philpott, Donna Davison, Jerry Cornell. Members Absent: Dick Wight. Staff Present: otto Miller, Sue Roberds, Bruce Becker. III APPROVAL OF MINUTES Mr. Leonard moved to approve the minutes of the June 28, 1989, meeting as written. Jerry Glass seconded the motion, which passed 4 - 0 with Ms. Davison and Mr. Hulett abstain- ing. . IV PUBLIC HEARINGS SHORELINE MANAGEMENT PERMIT - SMA-89 (03) 96 - SCHMITT: Request to replace one damaged pile and add seven new piles, with planking between, for a commercial charter fishing operation. Location: Railroad Avenue (The applicant has requested withdrawal of this application. ) Mr. Hulett moved to accept the applicant's request for withdrawal of the Shoreline Substantial Development Permit application without prejudice. Mr. Leonard seconded the motion, which passed unanimously. REZONE REQUEST - REZ-89 (07) 5 - DEL HUR INC: Request for a rezone of approximately 36 acres from RS-9, Single-Family Residential, to RMF, Residential Mul ti- Family. Location: DelGuzzi Road, south to Lindberg Road. . Chairman Cornell allowed staff to report on the memo requesting a continuance of this item. staff pointed out that the request is for a rezone of approximately 36 acres from RS-9 ,.... Si-ngle-Farnily Residential, to RMF, Residential Multi-Family. The 36 acres of RS-9 property was annexed into the City with an approved Master Plan in 1984. The annexation and Master Plan had required an Environmental PLANNING COMMISSION July 12, 1989 Page 2 . Impact Statement and a mutual covenant of the annexation agreement stated that "If, in the opinion of the city, condi tions upon which the Master Plan was premised change sufficiently, prior to future permit approval, to warrant deviation, the City may modify the MasterPlan in the process of future approvals for development within the area, to meet the altered conditions. II Staff further indicated that the maximum unit density for the "area" (36 acres) would increase from 176 units to 1,583 units. Staff said the City would therefore need to find that the conditions of approval, (infrastructural, environmental, economic, cultural, etc.) had changed to change the Master Plan as requested. Staff was therefore asking for a continuance of the item until the next regular meeting. Mr. Philpott moved to continue the item to the August 9th meeting of the Commission. Mr. Hulett seconded the motion, which passed unanimously. CONDITIONAL USE PERMIT CUP-89(05)8 CAMPBELL: Request for a social club to be located as a conditional use in the CSD-C2, Community Shopping District. Location: 44~7 Fairmont Avenue. . Mr. Miller reviewed the Department Report. Chairman Cornell opened the public hearing. William Campbell, 1304 Samara Drive, was present for ques- tions. The applicant indicated the main meeting room of the building is 401 by 60'. Due to the location of the struc- ture, which directly abuts commercial uses, such as a cocktail lounge/restaurant and a grocery store/gas station, the applicant requested that the hours be extended to 11 PM on weeknights and Friday and Saturday to 1 AM. The appli- cant also requested that outdoor activities, such as a barbecue, be permitted at the site. There being no further questions or comments from the audience, Chairman Cornell closed the public hearing. Mr. Glass moved to recommend approval of the Conditional Use Permit, subject to the following conditions: 1. Indoor events shall end no later than 1 AM on Friday and Saturday, and 11 PM on Sunday through Thursday; 2. If substantive complaints regarding noise are received by the Planning Department, the Planning Director will inform the applicant and the Planning commission. The hours authorized for meetings may be reduced and/or other mitigating measures required by the Planning Commission; . PLANNING COMMISSION July 12, 1989 Page 3 . 3. The Planning Commission may recommend revocation of the permit to the City Council if, in the future, the Commission finds that the use to which the Permit is put is detrimental to the health, safety, morals, comfort, and general welfare of the public, or consti- tutes a nuisance; 4. If the existing parking provided on-site proves to be inadequate for the use permitted, further parking shall be developed, in compliance with the Parking Ordinance 1588, as amended, and approved by the Publ ic Works Department; and citing the following findings of fact: A. The location of physically suited conditioned: this for over-sized commercial lot the fraternal association, is as B. The proposed use, as conditioned, will not result in significant impacts to the surrounding residential land uses: C. The granting of this Conditional Use Permit is in the general public interest, as conditioned by this Permit, and will allow adequate safeguards to ensure the welfare of the people residing in the vicinity and to the people of Port Angeles at large. . Mr. Leonard seconded and the motion passed unanimously. CONDITIONAL USE PERMIT - _ CUP-89 (07) 11 - PA SHAKE AND SHINGLE: Request for a permit to allow a shake and shingle mill to be located within the LI, Light Industrial District. Location: Airport Industrial Park. Reyes and 19th Streets. Mr. Miller said the Planning Department had, at 4: 30 PM, July 12, 1989, received a request from Paul Jackson of PA Shake and shingle to continue ~this item to the August 9th meeting of the Commission. Mr. Hulett moved to continue the item to August 9, 1989. Mr. Philpott seconded the motion, which passed unanimously. SHORELINE MANAGEMENT PERMIT - SMA-89 (07) 100 - DAISHOWA AMERICA: Request for a shoreline permit to allow upgrade of the alder chipping facility and dredging of the adjacent Harbor area. Location: Marine Drive and vacated ilK" Street. . Mr. Miller reviewed the Department Report. Chairman Cornell opened the public hearing. PLANNING COMMISSION July 12, 1989 Page 4 . Orville Campbell, Daishowa America, was present for ques- tions. Mr. Campbell commented on the condition as proposed to enclose the chipper as part of the upgrade. Mr. Campbell said he was aware that the chipper was the maj or noise source of the facility, but the company is not doing work on the chipper in this proposal, and objects to the condition to reduce the noise from the chipper as a condition of approval for this shoreline request. Mr. Campbell stated the chipping pile will be larger because there will be fewer vessels being loaded. Ms. Davison asked the applicant if noise had been measured in decibels in the surrounding areas. Mr. Campbell responded that there had been no formal noise study regarding noise from the chipper. Apparently the chipper does exceed nighttime standards, he said. There are some obstructions which previously existed and are no longer in place, due to some of the buildings having been demolished since the mill buy-out. He said those buildings and barriers muffled the sound in the past. Mr. Glass asked the applicant about the cost for compliance wi th the condition to enclose the chipper. Mr. Campbell stated there had been no formal figures on the cost for that proposal. . Mr. Glass asked if a barrier could be established to direct the sound from the chipping facility toward the Harbor and away from residential uses. Mr. Campbell stated that had been a consideration. Chairman Cornell asked where the new proposed mooring dolphin would be. Paul Hopkins, Daishowa America, responded that the new mooring dolphin would be in line with the existing dolphin at the chipping dock, north of the present mooring dolphin. He said the new mooring dolphin should not have an effect on the bulk of fishermen using the dock ramp, unless they have a very tall-masted boat, or possibly a tug boat, which probably would not be being unloaded anyway; and a boat could still go around the dolphin. In response to a question from the Commission as to disposal of dredged spoils, Pat O'Flaherty, CH2M Hill, stated the disposal site is upland, at the Lawson landfill. The procedure is to de-water the sludge on the boat, and further de-water the material on site before loading to trucks, which would be rubber-l ined. There should be no spillage on the road between the dredge site and the Lawson landfill site, which is east of Port Angeles, on Monroe Road. . Mr. Philpott questioned the applicant as to why disposal site would be upland and not in the Bay. o I Flaherty said there will be approximately 6/770 the Ms. cubic . . A. . PLANNING COMMISSION July 12, 1989 Page 5 yards of dredge spoils, and due to the timing because of the Phase II disposal site, the Corps of Engineers is working on ensuring the manner of transporting the dredged spoils meets City approval. In response to a question from the Commission, Mr. campbell said Daishowa would be willing to ensure the city could be the judge of the transfer procedure as being appropriate or not. There being no further comment, Chairman Cornell closed the public hearing. Chairman Cornell said when the chipper was originally installed, perhaps noise standards should have been more carefully taken into consideration, and questioned whether the new blowers could pose a noise problem in the future. Mr. Leonard said he had recently visited the site and did not observe a noise problem from the present blower system. Mr. Leonard moved to recommend approval of the Shoreline Management Permit to allow upgrade of the alder chipping facility and dredging of the adjacent Harbor area, subject to the fOllowing conditions: 1. A site plan designating and limiting the location of material storage and construction trailer placement shall be submitted to the Planning Department for approval by the Building Division, Fire and Light Departments, in order to assure public safety and welfare during the construction phase of the project only: 2. Dredge spoils shall be handled in such a manner as to not impact streets with mud or debris; and cited the following finding of fact: The proposed upgrading of the existing facility and Harbor dredging are in order to decrease the loading time and decrease the number of ships loaded annually from the existing alder chip facility, without an increase in the annual capacity of this existing facility. Inherent in the design of this facility expansion, as proposed and conditioned, will be sound attenuation and particulate control, achieved by completely enclosing the 380-foot conveyor and entirely enclosing the chip blower on the loading tower. As such, the proposal is consistent with the purpose of the Urban Environment, General Regulation C.1 and C.4, because the proposal is the expansion of an existing facility designed to reduce the impacts on the residential community to the south; and Use Activities . . . PLANNING COMMISSION JUly 12, 1989 Page 6 14.a, c, and d, because the proposal is to upgrade and expand an existing water-dependent industry. Mr. Glass seconded the motion, which passed unanimously. CONDITIONAL USE HEARING CUP-89(07)13 SYBIL: Request for a permit to allow expansion of an existing conditional use for a skating rink, located in the RMF, Residential MUlti-Family District. Location: 707 South Chase Street. Mr. Miller reviewed the Department Report. Chairman Cornell opened the public hearing. Robert sybil, 707 South Chase street, was present for ques- tions. Mr. Sybil said he is in the process of buying the building from Mr. smith. Due to vandalism in the area and to the building, and to economize, he proposes to live as a watchman and resident on the site. Mr. Sybil said he and his wife will be the residents of the apartment facility inside the existing skating rink facility. There was considerable discussion as to the conversion of the skating rink office to an apartment already done without a building permit, and without an amendment to the existing Conditional Use Permit. Mr. Sybil stated he is at present living on the site. Chairman Cornell closed the public hearing. Mr. Hulett moved to approve the Conditional Use Permit subject to the following condition: 1. The site shall be developed for one living unit. Prior to occupancy, this living unit must meet the require- ments of the Building Code and Uniform Fire Code; and citing the following findings: A. The proposed use is consistent with the city of Port Angeles Residential Policies of the comprehensive Plan; B. A single living unit on this property, as conditioned by this permit, will not adversely affect the sur- rounding properties; C. The conditional Use Permit, CUP-78(4)5, in coperation for eleven years, will not be significantly modified, and the Planning Department has received no complaints in the eleven-year period from the public concerning the conditionally allowed land use. Mr. Leonard seconded the motion, which passed unanimously. PLANNING COMMISSION July 12, 1989 Page 7 . STREET VACATION REQUEST STV-89(07)6 SNYDAL: Request for vacation of a portion of West Third street. Location: West Third street. Mr. Miller reviewed the Department Report. Chairman Cornell asked staff if Lot 14, Block 51, is build- able. Mr. Miller indicated that the lot is zoned Light Industrial and Public Buildings and Parks, and would be partially buildable. The Commission discussed, at length, the problems in vacat- ing Third Street directly abutting Lot 14, as the City is at present offering this lot for surplus, and would be then offering a lot without access, if the right-of-way were vacated. There were questions regarding excavation into the bank. Chairman Cornell opened the public hearing. . Arthur Snydal, 207 South Jones Street, was present for questions. Mr. Snydal said he and his family are the owners of Peninsula Bottling Co., and own all of the lots in question abutting the property being requested for vacation, with the exception of Lot 14, Block 51, which is presently owned by the City. Mr. Snydal indicated that he plans to build a loading dock on the vacated street, if approved, for the peninsula Bottling facility. At present, unloading is being done in the street. Chairman Cornell closed the public hearing. Ms. Davison moved to continue the item to the next available Planning Commission meeting following award of the bid for Lot 14, Block 51. Mr. Philpott seconded the motion, which passed unanimously. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Revised Sian Ordinance Draft Following lengthy discussion, Mr. Glass moved to return the recommendation and reaffirm support of the original revised Sign ordinance to the city Council, as submitted at the meeting of June 6, 1989, with the following points: . 1. The original revised Ordinance came from months of work from an ad hoc committee, and had been approved by a majority of the Downtown business community; . . . PLANNING COMMISSION July 12, 1989 Page 8 2. The newest proposed revisions are unfair to those business owners who have complied with the requirements of the Ordinance, as imposed by the city; - 3. Support for a unified character of appearance of the Downtown area for the pUblic's benefit; 4. Concern of the effect of a grandfather clause on any present and potential litigation over the issue; 5. The wording on page 13, Item 3, may be in conflict with Item 4 on page 14. Mr. Leonard seconded the motion, which passed unanimously. Mr. Miller requested an interpretation from the Commission of the permitted uses in the CSD, community Shopping Dis- trict. Specifically, it was requested that the Commission interpret whether permitted uses in the District are limited only to those uses listed or to uses which are substan- tially similar to the identified permitted uses. Mr. Hulett moved to interpret that "uses substantially similar to the identified permitted usesl1 should be under consideration when distinguishing similar uses and allow- abili ty in the CSD Districts. Mr. Philpott seconded the motion, which passed unanimously. VII REPORTS OF COMMISSIONERS Ms. Davison moved and Mr. Glass seconded to forego the August long-range meeting. Motion passed unanimously. Ms. Davison expressed concern over the memo from the City Attorney dated July 3, 1989, concerning the Federal Fair Housing Act to prohibit housing discrimination against the handicapped. It was requested that the City Attorney further explain the effect of Conditional Use Permit applications for group homes in residential zones. VIII ADJOURNMENT The meeting adjourned at 9:45 P.M. o~arY PLAN. 202 . . . CITY of PORT ANGELES ATTENDANCE ROSTER ,ot..., HN\"G TYPE OF l-1EETING llATE OF MEETING lOCATICN PLANNING COMMISSION r./~ /,.<' 19J79 _C HALL / ADDRESS: NAME: M~/~ I..,j ,1/yJ/:. n~\ t:k1A~e1 ]glf>~WV\ ~q ~H~ ~I; . L&', ~ lfi :;0 /4" L} II ~~T Ii? {J 2~~1 3l4- W.l:k11.aJ/ l ~~g\lq 11/ 5 '7;'1'1' s". 82 tJ i' . WilkA-4-'- j;rl:r... ~ ~ '- 'wi' tti \.."I