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HomeMy WebLinkAboutMinutes 12/11/2002 '. . '. I. IT. ITI. IV. F.~' "0' RTf'};.' N.I-G'- ElilE-IS"'I, I ' I ~ I l . (I-I I . , 1- - --'/" ,J!" -1,1, -j W. ASH I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street December II, 2002 CALL TO ORDER 7 p.m. ROLL CALL APPROVAL OF MINUTES: Meeting of November 13, 2002 PUBLIC HEARING: 1. CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continued from September II, 2002. Continue to January 22, 2003) 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-08 - DAISHOWA AMERICA. 1902 Marine Drive: Request to allow reinforcement and stabilization of shoreline annoring of portions ofthe Port Angeles Harbor, log pond, and drive ditch within the Daishowa Mill in the Industrial, Heavy zone. (Continued from November 13, 2002.) 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-09 - PORT OF PORT ANGELES. North of Marine Drive and west of vacated "H" Street: Request to allow the clearing and grading of an existing log storage site located within the shoreline area in the Industrial Heavy zone 4. MUNICIPAL CODE AMENDMENT - MCA 01-02$) - CITY OF PORT ANGELES. City - wide: Consideration of the elimination of governmental regulations requiring prescribed business parking and allowing businesses to plan for their own parking needs in commercial and industrial zones. 5. MUNICIPAL CODE AMENDMENT - MeA 02-01 - CITY OF PORT ANGELES. City wide: A proposal to amend Section 17.24 of the Port Angeles Municipal Code with regard to development standards in the Industrial Heavy zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS 1. 2. Appointment to Port Angeles Forward Comprehensive Plan Discussion VII. REPORTS OF COMMISSION MEMBERS . VIII. ADJOURNMENT . . PLANNING COMMISSIONERS: Chuck Schramm (Chait), Fred Hewins (Vice), Fred Norton. Bob Philpott, Mary Craver, Rick Porter, Len Rasmussen PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 11, 2002 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Chuck Schramm, Leonard Rasmussen Members Excused: Fred Hewins, Mary Craver, Rick Porter Staff Present: Brad Collins, Scott Johns Public Present: Bill Dawson, Susan Bauer, Aria Holzschuh, Paul Perlwitz, Kevin Thompson, Rudy Hiener, Jan Harbick, Wayne Barrett, Mary Gotham, Roy Gotham, Jack Harmon APPROVAL OF MINUTES Commissioner Rasmussen moved to approve the November 13, 2002, minutes as presented. The motion was seconded by Commissioner Philpott and passed 3 - 0 with Commissioner Norton abstaining due to his absence from the November 13, 2002, meeting. Chair Schramm explained that those who testify must sign an oath verifying that their testimony will be true to the best of their knowledge, and opened the public hearings. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East AhIvers Street: Request to expand a church/school use in the RS-9, Residential, Single Family zone. (Continued from September 11,2002.) Commissioner Philpott moved to continue the public hearing to the January 22, 2003, Planning Commission meeting to allow for processing of the EIS. The motion was seconded by Commissioner Norton and passed 4 - O. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-08 - DAISHOW A AMERICA. 1902 Marine Drive: Request to allow reinforcement and stabilization of shoreline armoring of portions of the Port Angeles Harbor, log pond, and drive ditch within the Daishowa Mill in the Industrial, Heavy zone. (Continued from November 13,2002) Associate Planner Johns presented the staff report recommending approval of the project. An explanation of changes to the conditions as presented in the staff report was included. It was pointed out that the applicant would like to eliminate condition #3, requiring native vegetation . . . Planning Commission Minutes December 11,2002 Page 2 around the parking lot, and that staff would not have an obj ection to the removal of that condition. Staff also recommended that conditions 2 & 4 be revised following comments from the Lower Elwha Klallam Tribe and the applicant. Paul Perlwitz, Daishowa America representative, 1902 Marine Drive, stated that the staff report was substantially correct and spoke in favor of the project. Mr. Perlwitz asked for clarification of proposed condition #4 requiring the proponent to provide public access to a portion of Port Angeles Harbor. Director Collins indicated that appropriate access currently exists and that placing additional signage to clarify the location of the access would satisfy the intent of the condition. There being no further comments, Chair Schramm closed the public hearing. Commissioner Philpott moved to approve SMA 02-08 without condition #3 requiring native vegetation around the parking lot and with changes to the language of condition #2 regarding archaeological investigation as proposed by staff and condition #4 regarding public shoreline access signage, citing 4 conditions (as revised), 6 findings and 4 conclusions as follows: Conditions 1. The existing broken concrete slabs located in the harbor area, labeled A-A on the site map, and the north end of the lagoon, labeled D-D on the site map, must be removed from the shoreline and disposed of in an appropriate manner. The concrete may not be broken up in place and re-used as shoreline annoring materials. 2. The applicant shall have an approved archaeologist on site during any excavation or gain preapproval of the project from Lower Elwha Klallam Tribe. If, during any excavation, phenomena of possible archaeological interest are uncovered, the developer shall immediately stop such work and provide for a site inspection and evaluation by a professional archaeologist approved by the Lower Elwha Klallam Tribe to ensure that all possible archaeological data is properly salvaged. 3. The developer shall provide public signage for public access to the Port Angeles Harbor and connecting the access to the Waterfront Trail. 4. No shoreline work shall take place during the period of juvenile salmonid migration activity, March 16 to June 15. Finding:s Based on the information provided in the December 11,2002 Staff Report for SMA 02-08 (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. An application for a shoreline permit was submitted by Daishowa America, on September 19,2002 for the reinforcement and addition of shoreline protection along portions of the log pond, drive ditch and harbor shorelines. The project will take place in phases and incorporate both standard large-stone rip rap and soft annoring techniques. . Planning Commission Minutes December /1,2002 Page 3 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on November 4,2002. 3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 4. The site is designated Industrial and Open Space in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 5. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Goal A, Policy No.2, Land Use Element Policies J-5, and Conservation Element Policies B-1, 2, 6, 8, D-I, 3; the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, E-2, H, 1-4, J-2, and N-2, Chapter 5, Policies 0-1 and 5, and Chapter 7, Policies B-l1. 6. The City's Waterfront Trail follows Marine Drive and passes the east side of the lagoon and crosses the drive ditch in the proximity of the project. . Conclusions Based on the information provided in the December 11, 2002 Staff Report for SMA 02-08 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 proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance the shoreline environment along the log pond and Port Angeles Harbor. D. As conditioned, the proposed project will not interfere with public use of lands or waters. Commissioner Rasmussen seconded the motion which passed 4-0. . SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-09 - PORT OF PORT ANGELES. North of Marine Drive and west of vacated "H" Street: Request to allow the clearing and grading of an existing log storage site located within the shoreline area in the Industrial, Heavy zone. . . . Planning Commission Minutes December 11, 2002 Page 4 Associate Planner Johns presented the staff report recommending approval of SMA 02-09. It was clarified upon question that this site is a portion of the site chosen for the proposed graving dock. Chair Schramm opened the public hearing. Susan Bauer, Port of Port Angeles Planning and Environmental Manager, 338 W. First Street, spoke in favor of the project. There being no further public comments, Chair Schramm closed the public hearing. Chair Schramm stated that there are old tires, pipe, and other items along the shoreline at this location that are inappropriate and should be removed. Discussion of adding a condition to address the materials on the shoreline followed. Director Collins proposed language for such a condition. Ms. Bauer was asked if the proposed condition was acceptable. She responded that the condition would be acceptable. Commissioner Norton moved to approve SMA 02-09 with the addition of a second condition that the shoreline be cleaned up~ citing 2 conditions~ 7 findings and 3 conclusions as follows: Conditions I. All materials removed from the site must be disposed of in an approved manner. 2. Derelict equipment such as tires, piping, and other industrial debris shall be removed by the Port if not cleaned up during the graving dock development phase of the 30 acre site prior to December 31,2003. Findine:s Based on the information provided in the December II, 2002 Staff Report for SMA 02-09 (including all of it's attaclunents), 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. An application for a shoreline permit was submitted by the Port of Port Angeles, on October 28, 2002, for the clearing and grading of a 5.58 acre log yard. Public notice was placed on the site on November 1, 2002, and published in the Peninsula Daily News on November 3, 2002. 2. In accordance with the Shoreline Management Act and the local SMP, a conditional use may be granted if all five of the specified criteria can be met, as well as consideration of the cumulative effects of such requests has been made. These include assurances related to the proposed project that: 1) applicable policies are maintained, 2) public use of the shoreline is not impacted, 3) compatibility with adjacent uses can be made, 4) no adverse effects to the shoreline will result, and 5) that the public interest is maintained. As conditioned, the proposal meets the criteria specified. 3. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on October 28, 2002. . Planning Commission Minules December II, 2002 Page 5 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates that log storage yards are a water-related use and that water-related uses are permitted uses in the U-H designation. 7. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Goal H and Policies H- 3 and 4, Conservation Element Goal B and Policies B 1,2,6, 10, 11, and 14, and objective 3, and Economic Development Element Goal A and Policies A-3, 4; the City's Shoreline Master Program's Urban-Harbor designation and Chapter 3, Goal A-7, B-1, 2, and 4, and D- 6, Chapter 4, Policies C-l and 2, and Regulations 1,2, and 4, D-l, 4, 5,6, 7, 8, Chapter 6, Industrial Policies 5 and 6, and Regulation 2, Log Storage Regulations 1, 2, and 10. . Conclusions Based on the information provided in the December 10, 2002 Staff Report for SMA 02-09 including all of it's 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 proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will not interfere with public use of lands or waters. The motion was seconded by Commissioner Philpott and passed 4-0. MUNICIPAL CODE AMENDMENT - MCA 01-02(B) - CITY OF PORT ANGELES. City-wide: Consideration of the elimination of governmental regulations requiring prescribed business parking and allowing businesses to plan for their own parking needs in commercial and industrial zones. . Director Collins presented information on the proposed amendment ofthe parking ordinance and provided a draft ordinance for discussion. It was explained that the draft ordinance had only . Planning Commission Minutes December lI, 2002 Page 6 recently been made available to members ofthe public and that it would be appropriate to open the public hearing and continue the hearing to a future date. Chair Schramm opened the public hearing. Aria Holzschuh, 105 ~ E. First, Executive Director of Port Angeles Downtown Association, said that the downtown association had not had a chance to thoroughly review the proposal and requested continuation of the matter to January 22, 2003. Commissioner Norton moved to continue the public hearing on MCA 01-02(B) to the January 22, 2003, Planning Commission meeting. Commissioner Philpott seconded the motion which passed 4-0. MUNICIPAL CODE AMENDMENT - MCA 02-01 - CITY OF PORT ANGELES. City Wide: A proposal to amend Section 17.24 of the Port Angeles Municipal Code with regard to development standards in the Industrial, Heavy zone. . Director Collins presented the staff report supporting a recommendation of approval to the City Council. Discussion ensued on why elimination or reduction of the front (street) setbacks were not being suggested. It was stated that the Industrial, Heavy zone often contains nuisance uses and that a setback from the right-of-way is appropriate. There being no further discussion, Chair Schramm closed the public hearing. Commissioner Rasmussen moved to forward a recommendation of approval to the City Council citing the following findings and conclusions: Findings: Based on the information provided in the Department of Community Development Memorandum in support of Port Angeles Municipal Code Amendment MCA 02-01 dated December 11, 2002, including all information in the public record file, comments and testimony presented during the public hearings, the discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the City of Port Angeles Department of Community Development, proposed Municipal Code Amendment MCA 02-01 which would amend Section 17.34.050 of the Port Angeles Municipal Code to allow flexibility for development in the Industrial, Heavy zone City-wide. The amendment would remove side setback requirements in the zone while retaining the 3D-foot setback from public rights-of- way and lot coverage standards. 2. City staff reviewed development codes for several Puget Sound Region municipalities, specifically, Olympia, Tacoma, Auburn, Enumclaw, and Lynnwood, to ascertain what the most common setbacks are considered to be in heavy industrial zones. This research revealed that many other municipalities do not set side setbacks in heavy industrial zones except where adjacent to, or within a set distance of, a residential, commefcial, or business zone. . 3, Pef Section 17.96.1 00 P AMC Amendments, in determining if an amendmentto these regulations is needed, the City Council shall give due consideration to the proper Planning Commission Minutes December II, 2002 Page 7 . . . relationship of such amendment to the ~nriiprehensive Plan and the City's entire zoning regulations. Any amendment adopted' by the City Council may be modified from the fonn in which it is advertised wiihinthe limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. 4. The City's Comprehensive Plan and Land Use Map have been reviewed with respect to the proposal. Growth Management Element Goal A and Policy A.l; Land Use Element Map, Goal, Policies and Objectives Goal A, Policy A.2, and Objective 1; and Industrial Goals and Policies Goal G. and Policy G.l were found to be the most relevant with regard to the proposal. 5. Industrial, Heavy zoned properties are mainly Jound along the Harbor area and south and west of the William R. Faicchild International Airport. With that in mind, potential impacts of heavy industrial development to potential adjacent residential properties could be mitigated by the establishment of setbacks relative to residential or commercial uses in the event a IH zone exists adjacent to a residential oc commercial property. 6. Review of Section 17.34.050 (Industrial Heavy IH Zone)of the Port Angeles Municipal Code indicated that thece is no maximum height limitation in the IH zone. It is believed that the lack of such a standard in the IH zone may have been due to the historic mill uses which required very tall flues. In order to provide flexibility for development while still ensuring an expected development pattern, staffhas proposed a height limitation consistent with the tallest IH buildings that exist in the City. The ability to allow an increase in the maximum height would be retained through the imposition of a conditional use permit. 7. The Port Angeles Fire Department reported that existing eq ui pment can service a 75- foot tall structure from outside. Taller structures would require an interior approach. The Fire Marshall reported that buildings taller than 75 feet would be constructed under more strict development standards relative to fire protection. 8. Public notification of the intent to review setbacks in the Industrial, Heavy Zone was placed in the Peninsula Dai/v News on November 22, 2002. No written public comment was received during the comment period which ran until December 9, 2002. 9. The City of Port Angeles SEPA Responsible Official issued a Determination of NonSignificance on December 10,2002, for the proposal. This satisfies the City's responsibility under the State EnvironrnentaJ Policy Act. 10. The Port Angeles Planning Commission conducted a public hearing on December 11, 2002, for consideration of the proposed amendment. Following the meeting, the Planning Commission forwarded a recommendation of approval of the proposed setback elimination and height standard to the City CounciL . . . Planning Commission Minutes December 11. 2002 Page 8 11. The City Council will consider the proposed amendment to the Industrial, Heavy zone at a public hearing on December 17,2002. Conclusions: Based on the information provided in the Department of Community Development Staff Report dated December 11, 2002, for MCA 02-01, including all information in the public record file) comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed findings; the City of Port Angeles Planning Commission hereby concludes that: I. As proposed) the Municipal Code Amendment is consistent with the goals and policies of the City's Comprehensive Plan including but not limited to: Growth Management Element Goal A, Policy I and Policy 1.g; Land Use Element Map Goal A, Policy A.2, and Objective A.I; and Industrial Goals and Policies Goal G, and Policy G.I. 2. The amendment will result in improved flexibility in the development of properties that are zoned Industrial, Heavy while relying on lot coverage and building standards to provide adequate separation from adjoining properties and uses. Development standards will be imposed relative to fire protection for buildings taller than 751. 3. Wording has been added to Section 17.34.050 PAMC to ensure that a separation between uses will exist in the event that Industrial, Heavy properties are found adjacent to residential or commercial zones. 4. As proposed, the amendment is in the public use and interest. Commissioner Philpott seconded the motion which passed 4-0. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Staff asked members of the Planning Commission to appoint a member to attend meetings of the Port Angeles Forward economic development group. Commissioner Norton attended previous meetings and volunteered for the position. The consensus was to support the appointment of Commissioner Norton to the post. Staff handed out a prioritized list of potential Comprehensive Plan amendments. An upcoming schedule for Comprehensive Plan amendment activities was discussed. Upcoming vacancies on the Commission was brought up and discussed. Staff asked that those members whose terms are ending let staff know if tI;1ey would accept another term. . . . Planning Commission Minutes December 11.2002 Page 9 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 9:20 pm. ~tlh~ Brad Collins, Secretary Chuck Schramm, Chair - PREPARED BY: S. Johns I · ~ORTANGELES WAS H I N G TON. U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN I.N Meeting Agenda of: /7f -11-CJ.f<- PLEASE NOTE: IE you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE ou to testi - it onl acknowled es your resence. ADDRESS: Agenda Item No. , . 7.-, #3 4"2.,.. '").~ cJjS