HomeMy WebLinkAboutMinutes 08/12/1998
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HEARING DEVICES ARE A VAlLABLE FOR THOSE NEEDING ASSISTANCE.
AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
SPECIAL MEETING
321 East Fifth Street
Port Angeles, WA 98362
AUGUST 12, 1998
7:00 p.m.
I. CALL TO ORDER
II. ROLL CALL
APPROVAL OF MINUTES: Meeting of July 22 and Special Meeting of
July 28, 1998
IV. PUBLIC HEARINGS:
III.
1. SHORELINE~ANAGEMENJ_P-ERMJJ~S.MA_9_8.:04 - FAIRES_,_8J2
Ho.athaven-DdY.e..-a_pLo-p_o.s.aLto.-reronstrucLao_exis1ing..waceho.us_e
slruc1urejnjheJ1:LLodusldaU:te.ay-'t-ZOnejnjh(LCjly.:s~horeJine-area
(Continued from July 28, 1998.)
2. MUNlCJ.eAL CODE.AME.NUME~.cA_9_8~OA~.CIIY--'>J=_~om
ANGaEs.,_Ci1}Lwjde~ Proposal to amend the City's Municipal Code
with respect to the installation of above ground liquid storage tanks.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSION: Dean Reed, (Chair), Mary Craver (Vice), Bob King, Cindy Souders, Linda Nutler, Fred Hewins. Paul Ziakin.
STAfF; Bmd Collins, Director. Sue Raberds Planning Specialist, Da,'id S~wyer, Senior Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 12, 1998
7:00 p.m.
ROLL CALL
Members Present:
Linda Nutter, Fredric Hewins, Dean Reed, Mary
Craver, Bob King, Paul Ziakin
Member Excused:
Cindy Souders
Staff Present:
David Sawyer, Sue Roberds, Brad Collins, Dan
McKeen
Public Present:
Chuck Faires, Ken Sweeney
APPROVAL OF MINUTES
Commissioner Hewins moved to approve the July 28,1998, special meeting minutes as
submitted. The motion was seconded by Commissioner Craver, and passed 4-0 with
Commissioners King, Ziakin, and Nutter abstaining.
PUBLIC HEARINGS:
SHORELINE MANAGEMENT PERMIT - SMA 98~04 - FAI~832
B.o.athayen nrive.-.a.p.rop..o.salloiec..onstrucLan...exist~.arehQllS.e_struc.tULe
inlheJIL TndllstriaLHe.ayY-zoneinJhe City's..shoIeline_area.
(Continued from July 28, 1998.)
Senior Planner David Sawyer reviewed the Planning Department's report recommending
approval of the permit as proposed with seven conditions. Chair Reed opened the public
hearing.
Chuck Faires, 320 West Ninth Street, stated that the warehouse structure has been in place
for many years on the site. He would like to rebuild the structure in its present location as
it is in serious disrepair. There will be no additional floor area. It would enhance the marina
and boat yard as there is not a bonafide marine repair area on the site. The clientele is
evolving from a commercial marina to a pleasure boat marina.
In response to Commissioner Craver, Mr. Faires stated that the building was used for fish
processing by Hegg and Hegg since the early 1950's but is currently vacant.
In response to Commissioner Hewins, Mr. Faires answered that he is not intending to do any
upgrade to the dock, as it is owned by Hegg and Hegg.
Planning Commission Minutes
AUgIIS112,1998
Page 2
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Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 338
West First Street, was authorized by the Port to support the application. The building is in
serious disrepair and the appearance of the marina will be improved by the new structure.
There is not much extra space around the boat yard so any effort to provide a work space for
people who might be working on vessels would be the best use of the property. The building
belongs to Mr. Faires and the ground on which it sits is leased from the Port. Mr. Faires will
be doing the work, not the Port.
Chair Reed closed the public hearing.
Commissioner King moved to approve the shoreline permit as proposed with seven
conditions, citing the following findings and conclusions:
1. 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
2. The project shall not reduce the existing public access to the marina and general
harbor area.
3.
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,
4. The project shall comply with the regulations of the City's Shoreline Master Program
specifically those of Chapters 4,5 and 6.
5. The proposed project shall meet all requirements of the Port Angeles Municipal Code
including fire, building, and electrical code requirements.
6. The applicant shall obtain all other required permits of the State and/or other
agencies with jurisdiction regarding the proposed project.
7.
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 Klallam Tribe; the site owner, and the City Planning Department. This team
shall determine the extent of excavation monitoring for the project during the permit
review process. As an alternative, the applicant may volunteer to have an approved
archaeologist on site during any excavation in lieu of a review by the aforementioned
cultural team. If during an excavation that by decision of the cultural review team
occurs without an approved archaeologist on-site, any phenomena of possible
archaeological interest are uncovered, the developer shall stop such work and provide
for a site inspection and evaluation by a professional archaeologist to ensure that all
possible valuable archaeological data is properly salvaged.
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Planning Commission Minutes
August 12,1998
Page 3
findings;
Based on the information provided in the staff report dated August 12, 1998 for SMA 98-04
(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 June 9, 1998 and the application was detelIDined complete on June 9,
1998.
2. A Mitigated DetelIDination of Non-Significance was issued by the City of Port
Angeles SEP A Responsible Official for the proposal on July 16, 1998.
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. A boat repair business is a permitted use in the ill 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 ofa new 30' by 50' industrial building to be used
for a private boat repair business.
9. The site is located on the north side of Marine Drive and is located directly adjacent
to the east end ofthe Boat Haven Marina. The vicinity is developed with a number
of industrial and recreational oriented facilities.
10. The Waterfront Trail is located along Marine Drive to the south of this location,
Conclu!;ion!;'
Based on the information provided in the staffreport dated August 12, 1998 for SMA 98-04
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:
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Planning Commission Minutes
Augus/l2,1998
Page 4
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-l, J-2, K-1, 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 Craver and passed 6 - O.
MUNICIP AL COD.E...AMENDMENT - MCA 98-04 - CITY O~ORI
ANGELES, City wide; Proposal to amend the City's Municipal Code with
respect to the installation of above ground liquid storage tanks.
Senior Planner David Sawyer reviewed the Planning Department's staff report. He clarified
that the amendment is proposed to reflect changes in zone classifications and to better
implement the Zoning Code's intent as to the placement of flammable/combustible storage
tanks. The proposed wording will allow the Code to remain current even if zoning
classifications change in the future. Chair Reed opened the public hearing.
Commissioner Hewins questioned whether the changes would prevent storage of heating oil
tanks and residential propane tanks. Planner Sawyer did not believe the amendments as
proposed are intended or will result in the prohibition of permitted residential flammable
storage tanks. The intent is not to change or prohibit anything that is currently permitted.
Ken Sweeney, Plallllblg and Environmental Manager for the Port of Port Angeles,
338 West First Street, supported the Code change. He explained that the Port had asked the
City to look at its outdated restrictions in association with a road realignment project
realigning Lauridsen Boulevard and Edgewood Drive will go through the existing fuel
storage tanks at the Airport. It was determined that above ground storage would be
advantageous in replacing the underground tanks and above ground tanks are easier to
monitor, are cheaper, and the tanks have a certain amount of portability in the event it is
necessary to move the location of the tanks. In reviewing the City's Code, it was determined
that the current wording would not allow above ground dispensing tanks at the airport.
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Planning Commission Minutes
August 12. 1998
Page 5
Planner Sawyer explained that the amendment will not restrict home heating fuel tanks as
they are not regulated tanks. The amendment that is being proposed is for regulated tank
placement only. A regulated tank contains more than 1100 gallons of fuel. He suggested
that possibly rewording of the amendment to remove reference to capacity of the tanks might
be helpful in the Commission's discussion. New storage tank yards will not be permitted
outside of the Industrial Heavy zone east of Cedar Street.
Chair Reed closed the public hearing. The Commission began discussion of alternative
wording for the amendment.
Planner Sawyer noted that this amendment is in the Fire Code, not the Zoning Code. The
Fire Department has reviewed the amendment, it is their application, they have approved it.
He recommended the Planning Commission not recommend changes beyond what the [Fire
Department] requested and contained in staffs report. The intent is not to change anything,
but to clarify the current interpretation of the Code and its implementation,
The Commission called for a ten minute break. The meeting reconvened with Dan McKeen,
Fire Marshall, joining the meeting.
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Dan McKeen, Fire Marshall, explained the background of the proposal as previously
explained by Ken Sweeney. Residential storage tanks are not regulated by the Fire Code.
Commercial tanks are regulated. The current language prohibits the above ground storage
of flammable/combustible liquid storage tanks in all zones other than in a commercial
capacity. The amendment is an attempt to clear up the confusion created by the current
wording and the City's new zoning designations.
He read from Section 7902.2.2.1 of the Fire Code, which provides language that establishes
limits through the Fire Code insofar as the areas in which the above ground tanks outside of
a building are limited in an attempt to respond to Commissioner's questions regarding tank
capacities. He stated that neither the amendment nor the Fire Code address limits but refer
to areas where certain storage uses can occur. He then responded at length to questions
regarding capacities of fuel tanks and their placement and assured the Commissioners that
the amendment will not limit those permitted uses which already occur, residentially or
commercially, but will provide wording that deals with current language found in the Zoning
Code and allow for placement of above ground tanks per the Port of Port Angeles' proposal
for the airport site.
Director Collins suggested drafting a finding to express the Commission's understanding that
the Fire Code regulates only commercial storage dispensing and distributing facilities in an
attempt to alleviate the Commission's concerns.
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Commissioner Nutter moved to recommend that the City Council approve the
amendment as proposed to Section 14 of the Port Angeles Municipal Code with the
following findings including an additional finding (No.8) to address the previous
discussion and understanding, and citing the following conclusions:
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Planning Commission Minutes
August 12.1998
Page 6
Eindings;
1. The City's Comprehensive Plan Land Use Policy H5 states:
"Because they are hazardous to the community and detrimental to the
general environment of the area petroleum refineries, liquefied
natural gas and liquefied petroleum gas facilities, energy facilities,
energy plants and their associated facilities and associated
transm ission facilities, as defined in Chapter 80.50 RCW, should not
be permitted outside the heavy industrial use area and without
conditional use review. "
2. A Determination of Non-Significance for the proposed amendment was signed by the
City's SEP A Responsible Official on August 7, 1998 (attached as Attachment A)
3. Chapter 14.21.030, Sub-Section A of the City of Port Angeles Fire Code addresses
above ground storage of fuels for direct use "dispensing" purposes and Sub-Section
B deals with above ground bulk storage of fuel for "distribution" purposes.
4.
The current wording of Chapter 14.21.030, Sub-Section A, prohibits above ground
storage of fuels for direct use "dispensing" purposes (regardless of capacity) in all
residential zones, certain commercial zones, the PBP and IL zones and the IH zone
south of the airport. It does allow above ground storage of fuel for "dispensing"
purposes if the total maximum capacity is less than 24,000 gallons in the CA and
CBD zones.
5, The current wording of Chapter 14.21.030, Sub-Section B, prohibits above ground
bulk storage of fuel for "distribution" purposes in all zones except the IH zone west
of Cedar Street.
6. The proposed amendment will prohibit all new above ground commercial fuel tanks
in residential zones. It will permit above ground "dispensing" fuel tanks with a
capacity of less than 24,000 gallons in all non-residential zones and will
conditionally permit fuel yards and gas manufacturing and storage in the IH zone
only if the site is located west of Cedar Street.
7. The acronyms ACD, eSDI, CSD2 and M-2 are no longer valid references to current
City zoning classifications.
8. Section 7902.2.2,1 ofthe Uniform Fire Code reads "Locations where above ground
tanks are prohibited. Storage of Class I and II liquids in above ground tanks outside
ofbuildings is prohibited within the limits established by law as the limits of districts
in which such storage is prohibited."
Conclusions:
A. It is not the intent of Chapter 14.21.030 Sub-Section A to prohibit dispensing tanks
in all zones that permit residential units.
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Planning Commission Minutes
August 12.1998
Page 7
B. The intent of Chapter 14.21.030, Sub-Section B is to allow bulk storage facilities in
the areas OftOWll where they currently exist but not to pennit new facilities in other
areas.
C. The proposed amendment is consistent with Comprehensive Plan Land Use Policy
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D. The proposed amendment does not change the intent ofthe current Municipal Code.
E. The proposed amendment is in the public use and interest.
The motion was seconded by Commissioner King and passed 5 - 1 with Commissioner
Hewins voting in the negative.
Mr. Hewins stated that his objection is because of the capacity question.
Chair Reed noted that this item would be considered by the City COW1cil at a public hearing
to be conducted on September 1, 1998.
COMMUNICATIONS FROM THE PUBLIC
None.
ST AFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 8:25 p.m.
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B ad Collins, Secretary
PREPARED BY: S. Roberds
7902.1.13.2.5
7902.2.3.3
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7902.1.13.2.5 Protection against vapor. release. Tank open-
ings provided for purposes of vapor recovery shall be protected
against possible vapor release by means of a spring-loaded check
valve or drybreak connection, or other approved device, unless the
opening is pipe-connected to a vapor-processing system. Open-
ings designed for combined fiU and vapor recovery shall also be
protected against vapor release unless connection of the liquid
delivery line to the fill pipe simultaneously connects the vapor-
recovery line. Connections shall be vapor tight. .
7902.1.13.3 Exterior aboveground. Openings for manual gag-
ing on tanks storing Class I liquids shall be provided with a vapor-
tight cap or cover. Such covers shall be closed when not gaging.
See also Section 7902.2.7.
7902.1.14 Supports, foundations and anchorage.
7902.1.14.1 General. Supports, foundations and anchorage for
aboveground tanks shall be in accordance with Section 7902.1.14.
7902.1.14.2 Tanks at grade. Tanks shall rest on the ground or on
foundations made of concrete, masonry, piling or steel. Tank
foundations shall be designed to minimize the possibility of
uneven settling of the tank and to minimize corrosion in any part
of the tank resting on the foundation.
7902.1.14.3 Tanks above grade. Tanks shall be securely sup-
ported. Supports for tanks storing Class I, II or III-A liquids shall
be of concrete, masonry or protected steel. Single wood timber
supports, not cribbing, laid horizontally, are allowed for outside
aboveground tanks when the bottom of the tank is not more than
12 inches (304.8 mm) above grade.
7902.1.14.4 Fire protection of supports. Supports or pilings
for aboveground tanks storing Class I, II or III-A liquids elevated
more than 12 inches (304.8 mm) above grade shall have a fire-
resistive rating of not less than two hours in accordance with the
fire exposure criteria of acceptance specified in nationally recog-
nized standards. See Section 9003, Standard a.4.16.
EXCEPTIONS: 1. Structural supports tested as part of a protected
aboveground lank in accordance wjlh UFC Appendix Standard
A-II-P-1.
2. Stationary tanks localed outside or buildings when protected by
an approved water-spray syslem designed in accordance with UFC
Standard 79.2.
3. SL:ltionary tanks located inside of buildings protected by an
approved automatic sprinkler system designed in accordance with
DBe Standard 9.1.
7902.1.14.5 Design of supports. The design of the supporting
structure for tanks shall be in accordance with well-established
engineering principles of mechanics and shall be in accordance
with the Building Code.
7902.1.15 Stairs, platforms and walkways. Stairs, platfonns
and walkways shall be of noncombustible construction and shall
be designed and constructed in accordance with the Building
Code.
7902.2 Stationary Aboveground Tanks Outside of Buildings.
7902.2.1 General. Stationary aboveground tanks outside of
buildings shall be in accordance with Sections 7902.1 and 7902.2.
7902.2.2 Tank locations.
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7902.2.2.1 Locations where aboveground tanks are prohib.
ited. Storage of Class I and II liquids in aboveground tanks out-
side of buildings is prohibited within the limits established by law
as the limits of dislricts in which such storage is prohibited. (See
sample adoption ordinance, Section 4.)
1-172
1997 UNIFORM FIRE CODE
7902.2.2.2 Location of tanks with Pr:es8ures '2.5 psig (17.2
kPa) or less. Aboveground tanksoperliting at pressures not
exceeding, 2.5 psig (17.2 kPa) for storage of Class I, II or III-A
liquids, which are designed with a weak'roof-to-sheU' seam
or equipped with emergency venting devices limiting pressures
to 2.5 psig (17.2 kPa), shall be located in accordance with
Table 7902.2.A. . , .
EXCEPTIONS: 1. Vertical tanks bavinga weak'roof-to-sbell seam
and storing Oass III-A liquids are allowed lobe located at one half the
distances specified in Table 7902.2.A, provided'that the tanks are not
within a diked area 01 drainage path for a tank storing Oass [ or IIliq.
uids.
2. Uquids with boil over characteristics and uDstable liquids. See
Sections 7902.2.2.4 and 7902.2.2.5.
7902.2.2.3 Location of tanks with pressures exceeding 2.5 psig
(17.2 kPa). Aboveground tanks for the storage of Class I, II or
III-A liquids operating at pressures exceeding 2.5 psig (17.2 kPa)
or equipped with emergency venting allowing pressures to exceed
2.5 psig (17.2 kPa) shall be located in accordance with
Table 7902.2.B.
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EXCEPTION: Uquids with boilover cbaracteristics and unstable
liquids. See Sections 7902.2.2.4 and 7902.2.2.5.
7902.2.2.4 Location of tanks for boilover liquids. Above-
ground tanks for storage of liquids with boil over characteristics
shall be located in accordance with Table 7902.2-C.
7902.2.2.5 Location of tanks for unstable liquids. Above-
ground tanks for the storage of unstable liquids shall be located in
accordance with Table 7902.2-D.
7902.2.2.6 Location of tanks for Class m.B liquids. Above-
ground tanks for the storage of Class llI-B ,liquids, excluding
unstable liquids, shall be located in accordance, with Table
7902.2-E, except when located within a diked area or drainage
path for a tank or tanks storing Class I or II liquids. When a Class
III-B liquid storage tank is within the diked area or drainage path
for a Class I or II liquid, distances required by Section 7902.2.2.2
shall apply.
7902.2.2.7 Reduction of separation distances to adjacent
properly. Where two tank properties of diverse ownership have a
common boundary, the chief is authorized to, with the written con-
sent of the owners of the two properties, apply the distances in
Sections 7902.2.2.2 through 7902.2.2.6 assuming a single prop"
erty.
7902.2.3 Separation and orientation of tanks.
7902.2.3.1 Separation between adjacent tanks containing
stable liquids. The separation between tanks containing stable
liquids shall be in accordance with Table 7902.2-0. When tanks .
arc in a diked area containing Class J or II liquids, or in the drain-
age path of Class I or II liquids, and are compacted in three or more
rows or in an irregular pattern, lhe chief is authorized to require
greater separation than that specified in Table 7902.2-0 or other
means to make tanks in the interior of the pattern accessible for
firefighting purposes.
7902.2.3.2 Separation between adjacent tanks containing
unstable liquids. The separation between tanks containing
unstable liquids shall not be less than one half the sum of their
diameters.
7902.2.3.3 Separation between adjacent tanks containing
flammable or combustible liquids and LP-gas. The minimum
horizontal separation between an LP-gas container and a Class I,
nor IJI.A liquid storage tank shall be 20 feet (6096 mm) except in
the case of Class I, II or Ill-A liquid tanks operating at pressures
exceeding 2.5 psig (17.2 kPa) or equipped with emergency venl-
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PLEASE SIGN IN
PLANNING COMMISSION ATTENDANCE ROSTER
AND SIGN UP SHEET
For the items listed on the Agenda of:
8} \{.-) 9i3>
Please read the following: If I testify, by signature below, I certify that my testimony is
true and correct under penalty of perjury by the laws of the State of Washington.
Signature Print Name Address Agenda
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