HomeMy WebLinkAboutMinutes 02/10/1999
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~ORTANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
February 10, 1999
CALL TO ORDER
7 p.m.
ROLL CALL
APPROVAL OF MlNUTES: Meeting ofJanuary 27,1999.
CONTINUED PUBLIC HEARING:
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99-
01 - RAYONIER. 700 North Ennis Street: A proposal to recover sunken
logs, remove navigational hazards by removal of a storm buoy and portions
of armor rock at an existing jetty, and removal of selected mooring dolphins
at a former heavy industrial mill site within the Port Angeles Harbor in the
Industrial Heavy zone. (This item is continued from the January 27, 1999,
meeting. )
COMMUNICATIONS FROM THE PUBLIC
STAFF REPORTS
1. 1999 Long Range Planning Items
VIL REPORTS OF COMMISSION MEMBERS
VDL 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.
Commissioners: Dean Reed (Chair),Mary Craver (Vice Chair), Cindy Souders. Linda Nutter, and Fred Hewins.
Planning Staff: Brad Collins. Planning Director; Sue Roberds, Planning Specialist; David Sawyer, Senior Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
February 10,1999
7:00 p.m.
ROLL CALL
Members Present:
Linda Nutter, Fred Hewins, Cindy Souders, Dean Reed,
Bob King
Members Excused:
Mary Craver (One vacancy)
Staff Present:
Brad Collins, Sue Roberds, David Sawyer
Public Present:
Dana Dolloff, Michael Stanaszek, Carol Brown
APPROVAL OF MINUTES
Commissioner King moved to approve the January 27, 1999, minutes as submitted.
The motion was seconded by Commissioner Nutter and passed 5-0.
PUBLIC HEARING:
SKORELINE SUBSTANTIAl, DEVEI~OPMENT PERMIT - SMA 99-01 -
RA YONIER, 700 North Ennis S.tre.e.t A proposal to recover sunken logs, remove
navigational hazards by removal of a storm buoy and portions of armor rock at an
existingjetty, and to remove selected mooring dolphins at a former heavy industrial
mill site within the Port Angeles Harbor in the Industrial Heavy zone.
Senior Planner Sawyer reviewed the Planning Department's report recommending approval
of the shoreline permit as proposed. Planning Director Collins answered Chair Reed that
those who objected to the issuance of the requested permit did so due to the belief that this
project should not be approved piecemeal prior to a complete environmental determination
for the site. The main reason that a modified mitigated determination of nonsignificance
(MMDNS) was issued for the project is that both the State Department of Ecology and the
Enviromnental Protection Authority agreed removal of the sunken logs would assist in
further assessment and testing of the site to determine the extent of the ultimate cleanup that
is necessary. The Department ofFish and Wildlife and the Lower Elwha Klallam Tribe may
not be in complete agreement with the MMDNS. He responded to Commissioner Souders
that the City unerstood from discussions with EP A that the agency did not object to the
project as proposed.
In response to Commissioner Nutter, Director Collins stated that the MrvIDNS requires that
the logs be disposed of only at a site approved by the Department of Ecology. Contaminated
logs will be removed to a site approved for such handling.
Planning Commission Minutes
February 10.1999
Page 2
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Mr. Collins provided a detailed background of the environmental issues surrounding cleanup
of the site. It was agreed early on that the mill demolition and cleanup would be reviewed
in two phases - demolition of the above ground structures and cleanup of the ground and
water areas of the site - environmental review would be phased accordingly. The current
work proposal was not covered under the initial phase which only dealt with landward
demolition. In processing the application for removal ofthe logs and navigational hazards,
it was determined that the removal would allow for the site to be better assessed prior to
finalization of cleanup plans. The Department of Fisheries and Wildlife is processing a
hydraulic permit application in association with the current proposal. Comments received
from the public relating to the current proposal expressed concern that no further interim
actions should be permitted outside the final cleanup. Comments and conditions
recommended by the Department of Ecology and the Environmental Protection Agency
were weighted heavily in review of the current project. The City continues to consult with
other agencies with jurisdiction in an effort to uniformly review the mill cleanup as a whole.
The City will probably not be lead agency for the final cleanup stage.
In response to Chair Reed, Director Collins indicated that following the City's issuance of
the Modified Mitigated Detennination of Non significance another agency with jurisdiction
may assume lead agency status. No other agency with jurisdiction has expressed a desire to
take lead agency status in this review.
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Chair Reed opened the continued public hearing and explained that those speaking must sign
in and certify to the correctness of their testimony.
Dana Dolloff, Director of Environmental Affairs for Rayonier, 1177 Summer Street,
Stamford, Connecticut, thanked the City for taking lead agency status and complimented
staff for the careful job of reviewing the issues surrounding Cleanup of the mill site. Side
scan radar indicates that approximately 2500 sunken logs need to be removed from the
Harbor floor on mill property. The logs pose a problem to further sampling of sediments that
is necessary for the cleanup stage to begin.
Commissioner Nutter asked what the change in water currents would be when/if the
damaged jetty is removed. Mr. Dolloff responded that the work would not result in a change
in the entire Harbor area. Rayonier has not analyzed what changes would occur in water
currents around the mill following removal of the damaged jetty.
In response to Commissioner King, Mr. Dolloff stated that Rayonier does not have any
objections to the eight modified mitigation measures imposed by the City of Port Angeles
as a result of the environmental review done for the proposal.
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Mr. Dolloff answered Commissioner Hewins that the plan during removal is to not exceed
turbidity levels at the mixing zone which is the key indicator that sediments are not leaving
the site. Sediments tend to redeposit from where they came. The proposal is to remove the
logs at this point, not perform sampling. Sampling is months away and that timeline will
depend on whether the site becomes a Superfund site or is state controlled. He responded
to questions regarding processing of recovered logs. Processing of logs will be done to DOE
standards, and no hazardous materials will be deposited at local disposal sites. He noted that
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Planning Commission Minutes
February 10. 1999
Page 3
EP A experts have examined the application and have no problems with it at this juncture.
The log pulling is now proposed to be done in July and August.
Commissioner Souders asked if there will be other seaward projects involved in the cleanup.
Mr. Dolloff answered that he couldn't foresee any future seaward projects other than perhaps
emergency repair from winter storms or removal of concrete structures in the water that need
to be removed to place material for protection from wave action following removal of the
damaged jetty and remediation to an area along Ennis Creek which is an area not seaward
of the high water mark that involves removing a section of rip rap and sheet pile wall along
eight or ten foot of bank, The dock will not be removed. The Commissioner was concerned
that this be looked at a total project with a specific plan in place for cleanup but that the work
not be piecemeal.
Carol Brown, Environmental Coordinator for the Elwha Xlallam Tribe, 2851 Lower
Elwha Road, concurred with the City's :MMDNS conditions. The Tribe will not ask that an
archaeologist be on site during the proposed work as the project is not in an area where
native soils occur but is offshore. Elwha did review the current application but did not
comment on the MMDNS. Comments were provided on the pennit asking that all the
remaining mill cleanup be considered as one project. The Tribe has reviewed and agrees
with the EP A and DOE comments regarding the proposal.
There being no further testimony, Chair Reed closed the public hearing.
Commissioner King moved to approve the shoreline substantial development permit
citing five conditions, nine findings, and five conclusions as recommended by staff.
Conditions:
1. The project shall comply with the regulations of the City's Shoreline Master
Program specifically those of Chapters 4 and 5.
2. The proposed project shall comply with all requirements of the Port Angeles
Municipal Code including environmentally sensitive area requirements.
3. The applicant shall comply with the mitigation measures required by the City's
SEP A Responsible Official in the Modified Mitigated Determination of Non-
Significance #829 issued on February 9, 1999, and included in the Planning
Department staff report dated February 10, 1999, for SMA 99-01. The required
mitigation measures are as follows:
1.
No washing of logs in the water shall be allowed. All mud/sediments
brought aboard shall be disposed of on-shore at a disposal site approved by
the Department of Ecology with notice given to the Departments of Natural
Resources and Fish and Wildlife.
A tong-type device such as a grapple. which will not tend to pick up mud,
shall be used. Clam shell buckets shall not be used, except for removal of
jetty rock. Manually set chokers are acceptable.
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Rayonier - SMA 99-01
February 12. 1999
Page 4
3.
Appropriate techniques shall be used to identify the location of logs such as
side scan radar, or CRT screen-type echo sounder. No blind grabbing for
logs shall be allowed.
4. Dolphins proposed for removal shall be removed completely unless site
conditions are found by the Department of Natural Resources to prohibit
such removal; in which case, options should be discussed and approved by
the Department of Natural Resources.
5. Rayonier shall monitor log removal operations to ensure compliance with
Department of Ecology water quality standards at the mixing zone
boundaries, which must be defmed before operation begins, and, if these
standards are exceeded, operations shall be discontinued until compliance
can be achieved.
6. The project proponent will be required to use sufficient Best Management
Practices to meet water quality standards. If water quality standards cannot
be met for turbidity, refer to WAC 173-20lA-llO.
7.
The on-shore staging area for salvaged logs, removed piling, and jetty rock
shall be on the Rayonier Mill site and not at the originally proposed Ediz
Hook site.
8. The Deparnnent of Ecology shall approve the staging facility at the
Rayonier Mill site.
4. The applicant shall obtain all other required permits of the State and/or other
agencies with jurisdiction regarding the proposed project including a Hydraulic
Project Approval (HPA) from the Department ofFish and Wildlife..
5.
If the 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.
Rayonier - SMA 99-0/
February 11. /999
Page 5
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Findings;
Based on the information provided in the staff report dated February 10, 1999 for SMA 99-
01 (including all of its attachments), comments and information presented during the public
hearing, the Planning Commission's discussion and deliberation, and subject to the above
listed conditions of approval, the City of Port Angeles Planning Commission hereby finds
that:
1. The applicant, Rayonier, Inc., applied for a Shoreline Substantial Development
Permit on October 29, 1998 and the application was determined complete on
November 6, 1998 (please see Staff Report dated February 10, 1999 for SMA 99-01
Attachment A).
2. A Modified Mitigated Determination of Non-Significance (#829) was issued by the
City of Port Angeles SEPA Responsible Official for the proposal on February 9,
1999.
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 Aquatic-Harbor in the City's Shoreline Master
Program.
6. The approval is for: 1) the recovery and salvage of sunken logs; 2) the removal of
navigation hazards by removing a storm buoy and sunken portions of armor rock at
the existing jetty; and 3) the enhancement and preparation of portions of the site for
sale by removing and salvaging selected mooring dolphins as submitted in the
application received by the Planning Department October 29, 1998 (Staff Report
dated February 10, 1999 for SMA 99-01 Attachment A), and as conditioned by this
approval.
7.
The following agencies, tribes and/or organizations were given notice of the
application and its public comment period: Washington State Department ofFish and
Wildlife; Washington State Department of Ecology; Washington State Department
of Natural Resources; Point No Point Treaty Council; Lower Elwha Tribal Council;
Corps of Engineers; and the Olympic Air Pollution Control Authority. Their
comments received by the City of Port Angeles prior to January 15, 1999 included
in Staff Report dated February 10, 1999 for SMA 99-01 as Attachments C - G were
taken into consideration by the City's SEPA Responsible Official when making his
Threshold Determination and the issuance of the project's MDNS. Subsequent
comments have been considered by the Planning Commission.
8. During the application's public comment period, the following individuals submitted
written comments: Eleanor Kopp, 1016 N. Whitney Way, Clallam County, and
Rayonier - SMA 99-01
February 12,1999
Page 6
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Darlene Schanfald representing the Olympic Environmental Council, 3632 O'Brien
Road, Clallam County. These comments included in the Staff Report dated February
10, 1999 for SMA 99-01, as Attachments H and I were taken into consideration by
the City's SEP A Responsible Official when making his Threshold Determination and
the issuance of the project's MDNS.
9.
The subject site is identified as a locally unique beach and coastal drift process area
and is therefore subject to the City's Environmentally Sensitive Areas (ESA)
Ordinance and its regulations. An ESA application and compliance with the City's
ESA regulations is required for this application.
Conclusions'
Based on the information provided in the staff report dated February 10, 1999, for SMA 99-
01, including all of its attachments, comments and information presented during the public
hearing, the Planning Commission's discussion and deliberation, the above listed findings,
and subject to the above listed conditions of approval, the City of Port Angeles Planning
Conunission 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 B-1, D-l, K - 2 and 4, and N -1 and 2, Chapter 5,
Policies E-5 and 8, and all associated regulations.
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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 B-1, D-l, K-2 and 4, and N-l and 2, Chapter 5,
Policies E-5 and 8, 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.
Following a friendly amendment by Commissioner Hewins, accepted by Commissioner
King, he seconded the motion.
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Conunissioner Souders continued to express objection to the piecemeal manner in which the
demolition project is being done. There is no master plan in place that addresses all issues
of all parties concerned. She would prefer to see a single permit for the cleanup proj ect and
not many permits for various stages of the entire project. An independent observer on site
to monitor where logs are going, where dredge material is going, what tests are being
performed before materials leave the site, how water quality is being dealt with, cleanup of
the remaining debris, sediment analysis, and a contingency plan would alleviate her concerns
and are not present in the current motion.
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Rnyonier - SMA 99-0/
February.!2, /999
Page 7
In response to a Commissioner Souders, Mr. Collins said that some of the things mentioned
by Mr. Dolloff that need to be accomplished, i.e., emergency repair due to winter storm
activities, would be exempt from shoreline permitting requirements.
Commissioner Nutter agreed with Commissioner Souders and concurred that an independent
observer would be an asset to the project.
The question was called for and passed 3 - 2 with Commissioners Souders and Nutter
opposed based on concerns expressed by Commissioner Souders.
The Commission took a break from 8:20 p.m. The meeting reconvened at 8:30 p.m.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
1. Long Range Planning Items
Planning Director Collins reviewed the proposed list of long range planning items in detail.
He noted that the County Planning Director expressed a desire for a joint Planning
Commission meeting. Commissioner Nutter asked that review of a Downtown Fanner's
Market be placed on the list oflong range items.
Director Collins reminded the commissioners of the Boards and Commission Appreciation
Night scheduled for February 17, 1999, 7 p.m.
Senior Planner Sawyer provided a brief report on meetings being conducted with Marine
Drive bluff property owners in an attempt to orient bluff property owners to the
responsibilities of such ownership and to evaluate that area's future needs.
Planning Specialist Sue Roberds noted that 1999 elections will be conducted at the February
24 meeting.
REPORTS OF COMMISSION MEMBERS
Chair Reed noted that he will not be in attendance at the February 24 meeting.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
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PREPARED BY: S. Roberds
. PORT ANGELES PLANNING COMMISSION
1999 LONG RANGE AGENDA SCHEDULE
February 10 Review and schedule long range planning issues
March 24 Census 2000
April 28 Comprehensive Plan Amendments
May 26 Annexation Planning
June 23 Transportation Projects
July 28 Neighborhood Planning
August 2S Salmon/Watershed Planning
September 22 Planning Department Budget
October 27 . Compr~ensive Planning
. November 24 No . meeting
December 22 Permit Review Process
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PLEASE SIGN IN
PLANNING COMMISSION ATTENDANCE ROSTER
AND SIGN UP SHEET
For the items listed on the Agenda Of:",-;--t l'1.J.J ~ /0 /9 99
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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