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HomeMy WebLinkAboutMinutes 05/14/1997 . . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE, ,oLA NNll'IG AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 14, 1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: April 23, 1997 IV. PUBLIC HEARINGS: 1. SH.ORELINE MANAGEMENI...P..ERMIT - SMA 97~_RAYnNIER, INC..,-.1illlBlo~ckEnnis_Street~ Request for a permit to allow the demolition of a pulp mill in the IH, Industrial Heavy zone. 2. SHORELINE MANAGEMENT PERMIT - SM.AJ-'Z=OA.,~RLn.E f~OR'LA~GELES.,_HQathay.en , 800 Block..Mari.n.e-D~ Request for a permit to allow the reconstruction of 12 boat houses that were destroyed in the 1996-97 winter storms and an addition to a public restroom facility to be handicapped accessible in the IH, Industrial Heavy zone, 3. CONDlILONAL USE--.fERMIT - C.UP 97-o.8..,...=-~liCA EESTIV AL OF THE ARTS,3QO...BIQck...fuurthL.Eiftlre~els; Request to allow overnight recreational vehicle parking for vendors in conjunction with a community festival activity in the CO, Commercial Office and PBP, Public Buildings and Parks zones, 4. COM.eREHMSLVE...eLA.N AMENDMENTIi~=_CP A 97-01 AND CU ~O2.:. Proposals to amend the City's Comprehensive Plan to consider expansion of the City's Urban Growth Area (UGA) along the south City limits at Coyote Lane and east of Wabash Street and to include policies regarding "general aviation airports", as required by state law. PLANNING COMMISSION: Tim German, ( Chair), Dean Reed (Vice), Bob King, Cindy Souders, Linda Nutter, Mary Craver. Martie Lucas. ST AFF, Brad Collins, Director, Sue Roberds Planning Specialist, David Sawyer, Senior Planner. . . . V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. 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 (10 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 Chair 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 Chair. . . . MINUTES PLANNING COMMISSION Port Angeles~ Washington 98362 May 14, 1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Martie Lucas, Cindy Souders, Tim Gennan, Dean Reed, Mary Craver, Bob King Members Absent: None Staff Present: Brad Collins, Sue Roberds, David Sawyer, Dan McKeen, Gary Kenworthy, Craig Knutson, Bruce Becker Public Present: Darlene Schanfald, Barbara Osborne, Dennis Snyder, Don Schwendiman, Brian Jones, Wendy Pugnetti, Francis Charles, Mike McHenry, Carol Brown, Russell Bouchet, Barbara Lawrence, Dennis Sullivan, Doris Willson, Jean Fairchild, Susan Turner, Marc Crooks APPROV AL OF MINUTES: Commissioner Souders noted that in the motion (page 5) regarding the Shoreline Substantial Development Permit No. SMA 97-05 for the Port of Port Angeles, she did not make a second motion to amend the original motion, but made a friendly amendment for such an amendment. Commissioner Souders then moved to accept the April 23, 1997, minutes with that noted correction. The motion was seconded by Commissioner King and passed 6 - 0, with Commissioner Nutter abstaining due to her absence at the meeting. PUBLIC HEARINGS: SIIORELmEMANA.GEMENT PERMIT - SMA9-'Z=.0.2, RA YONJER,JNC.,1.OO Blo..ck Ennis Stre_et Request for a permit to allow the demolition of a pulp mill in the IH, Industrial Heavy zone. Planning Director Collins indicated that an addendum to the State Environmental Policy Act (SEP A) threshold determination issued on April 29, 1997, for the proposal was distributed for discussion. The SEP A review must be finaled prior to any decision on the shoreline substantial development permit. Prior to the close of the comment period for the SEP A threshold determination, which was . . . Planning Commission Minules May 14,1997 Page 2 May 14, 1997, at 5 p.m., four comments were received from the public/agencies with jurisdiction. Those comments were thoroughly reviewed, and, hence, the addendum to the originally issued Mitigated Determination of NonSignificance (MDNS) was made so that the Commission's deliberation can continue. The addendum added three additional mitigation measures to the original MDNS. Those additional measures were specific to comments received during the previous public comment period, in particular, surface and water runoff, use of the Shotwell landfill for nonhazardous demolition debris disposal, and whether or not a phased review of environmental impacts from contamination of the site is appropriate. A mitigation measure was added consistent with the City's shoreline condition on excavation within areas that may contain archaeological phenomena. Mr. Collins elaborated on the comments and how the additional mitigation measures addressed the concerns raised. The MDNS is final with the additional measures unless appealed to the City Council. The deadline for SEPA appeal is May 27, 1997, and although testimony on SEPA issues can be heard, the Commission will only act on the shoreline permit. David Sawyer, Senior Planner, reviewed the Planning Department's staff report recommending approval of the proposed demolition with conditions. The staff report stressed that the shoreline substantial permit includes the demolition of an existing pulp mill facility including the eventual removal of all existing buildings and structures with the exception of the dock. The structures located on the dock are to be removed but the dock itself, from the decking on down, is not part of the proposal. The proposal does not include any work belowground or in the water below the high tide mark. Once the buildings and aboveground structures have been removed, the applicant proposes to conduct a complete environmental site assessment, after which, apply for any additional permits that may be required and take any necessary or remedial action based on that site assessment. The original permit was amended by the applicant to include the granting of a public trail easement through the site to the City of Port Angeles. He indicated an addendum to the staff report that includes revised conditions of approval, findings and conclusions, that are a result of discussions as well as agency and public comments regarding the shoreline permit that have been received within the past 24-hour period. The conditions are as originally proposed with the exception of amendments to Conditions No.3 and 4, an amendment to Finding No.2, and new Finding Nos. 3, 4,5, and 6, and three new Conclusions Nos. A, B, and C, for support and clarification of the original conditions. Brad Collins, Planning Director, noted that the City has been in contact with Professor Richard Settle, one of the State's leading experts in environmental law, as to the SEPA procedure and mitigation measures used in this matter, as well as with other agencies with expertise in matters of environmental health, hazardous waste and material handling and cleanup. Dmnis Snyder, Vice President of Pulp Services and Planning for Rayonier, Stanford, CT, stated that Rayonier is committed to performing a comprehensive cleanup of the site. The company recognizes the Klallam tribal concerns that this has been an historic site for the tribe. The first step toward the objective is to remove aboveground structures. Extensive data has been submitted on dismantling and materials handling. A highly qualified dismantling contractor has been selected to perform the work who has extensive experience in handling sensitive jobs. Following dismantling a site assessment and environmental remediation will be performed. A very comprehensive survey will be done and hazardous material that requires cleanup under the State's laws and regulations will . . . Planning Cammissian Minutes May 14, 1997 Page 3 be remediated. Speculation at this point will not further the process. The key is the company's commitment to the eventual cleanup, The company recognizes that Ennis Creek is a culturally significant site to the Lower Elwha KJallam Tribe and this will be taken into account as the project progresses. Rayonier is very pleased to announce that it has made a binding commitment so that the City's Waterfront Trail can traverse through the property. The trail easement has always been a subject oftiming, i.e., when would it be safe to allow public access through the property. Access will be provided following dismantling and site remediation, The trail is an asset to the town and to Rayonier. Trail development to the east of the mill site can begin prior to the end of the dismantling and cleanup process. It is Rayonier's desire to create an environmentally safe site that is returned to productive use. John Webber, President of lCONCD, Seattle, Washington, stated that his company specializes in the removal of industrial and commercial buildings and structures. The company has continuously performed demolition and dismantling work for the past thirty three years, with a good deal of work being done dismantling various mills in Oregon, Washington, Idaho, and Montana. ICONCO intends to be a good neighbor during the proj ected eighteen month dismantling period for this project. Dismantling and methods ofremoval of site buildings and structures were discussed. All work at the Port Angeles mill will be performed with a detailed work plan and subject to the inspection and review by City and State agencies. Dust will be controlled and eliminated by the use of inch and one-half firehoses with adjustable fog nozzles similar to those used by the City's Fire Department. Work hours will generally be 7 a.m. to 5 p.m., Monday through Friday. Noise will be monitored but should be only a fraction of that generated while the mill was operating, Truck traffic at the peak should not exceed twelve loads a day, which is less than one-third of the traffic generated while the mill was operating. Scrap metal will be removed by barge tied to the existing dock. In the unlikely event that pieces land in the water, they will be located and retrieved immediately. The maximum crew size was estimated at twenty to twenty-five workers. The designated superintendent has been an ICONCO employee for thirty years with extensive experience in mill and large structure dismantling. In response to Commissioner Nutter, who questioned the noise levels that would be generated from the demolition activity, Mr. Webber stated that the number of pieces of equipment working on the site versus the machinery noise during mill operation is a fraction of the previous operation. The truck traffic will be reduced two thirds, and there will be none of the machinery or grinding of materials noise generated by the mill operation. Noise monitoring will be conducted at the property line to assure that noise decibel levels will not be exceeded. There will be no noise at all at night due to the scheduled hours of operation, which will be a substantial improvement to the neighboring uses. Mr. Webber added that in the year and a half that ICONCO has been in the process of demolishing a mill in Everett, Washington, not one complaint has been received as to the method of demolition or noise resulting from the work. In response to Commissioner Craver, Mr. Webber responded that he is aware of the condition that demolition operation will take place only between the hours of 7 a.m. and 5 p.m., Monday through Friday. Planning Commission Minutes May 14. .1997 Page 4 . Frances Charles, Chair, Lower Elwha Klallam Tribe, noted that the mill site is of archaeological significance to the Tribe as this was the site of a major Tribal village in the early 1800's. A Tribal cemetery area exists under asphalted portions ofthe site. No demolition should take place without a full cultural resource mitigation. Because of the importance of the site to the Tribe and the sensitivity of the habitat and fish population, no contamination should be left at this site. Statements contained in the City's MDNS regarding contamination containment are not acceptable to the Tribe. Because of the presence of the cultural properties at the mill and the sensitivities of the marine habitat, the site should be restored to a condition compatible with extended human use. There is no reason to leave a public nuisance at the location. Commissioner Souders asked for clarification from Chair Charles that she is aware of the City's standard policy/wording for all shoreline substantial development permits regarding work in areas of cultural significance. Chair Charles indicated that the Tribe enjoys a good working relationship with the City and the Port but has not had an opportunity to deal with Rayonier on important issues. . Russell Bouchet, Attorney for the Lower Elwha KlalIam Tribe, requested that an archaeological site inventory be performed prior to work being done because there may be artifacts close to the surface that will be disturbed or destroyed even without excavation as the site has been previously disturbed and artifacts may be located on or near the surface. The Tribe challenges voluntary remediation of the site. It is too early to tell whether remediation should be voluntary. The Tribe is concerned with the near shore environment not just the shoreline of the mill itself. The mouth of Ennis Creek is part of a salmon bearing stream and should be restored. Mr. Bouchet responded to Commissioner Craver that he is somewhat more comfortable with the staffs amended condition that clean up of the site shall comply with all Federal, State, and local regulations including the State's Model Toxies Control Act (MTCA), the City's Environmentally Sensitive Areas Protection Ordinance and the City's Shoreline Master Program, but compliance with all regulations might involve more than just voluntary remediation with the applicant deciding what's there and what should be done about it Director Collins commented at this point that the City's use of the word "voluntary" does preclude required action to comply with remediation. Use of the term "voluntary remediation" was the proposed action, and the City believes that would address the concern. If voluntary remediation is not adequate that does not preclude any requirements that could be imposed. It is the City's intent to write the language to specifically require a second permit To the extent that the language may not do that, modification is encouraged. It is the City's intent to require a second permit for the second, remediation, phase. Approval of the first phase is with the requirement that a second environmental review process occurs at the time of remediation. . Barbara Lawrence, Cultural Resource Specialist, Lower Elwha Klallam Tribe, 2851 Lower Elwha Road, indicated that the amended condition of approval which deals with work in areas of archaeological significance is not a product of Tribal involvement. Although such language is appreciated, it is not from agreement with the Tribe. In response to Commissioner Reed, Mrs. Lawrence indicated that the condition is not adequate to meet the Tribe's needs. . . . Planning Commission Minutes May 14,1997 Page 5 Commissioner Souders noted that the City's standard archaeological wording came about over the course of regular meetings since 1992 at which Tribal employee Carol Brown was a representative for the Tribe. The wording was thought to have been approved by the Tribe and has been imposed on all shoreline substantial development permit since that time. Mrs. Lawrence was concerned that bearing weight alone could harm delicate artifacts that should be preserved in this location, and therefore excavation is not the Tribe's only concern. This may be the only opportunity for archaeological phenomena that is surely in the area to be surveyed. Doris Willson, 3002 South Laurel Street, spoke on behalf of the Soroptomist Jet Set as the Waterfront Trail Chairperson. The Soroptomist have worked for many years on the Waterfront Trail project and are finally looking at the real opportunity to connect the City's trail system to the Olympic Discovery Trail through the Rayonier site. She supported donation ofthe trail easement to be given to the City and thanked Rayonier for the company's cooperation. Darlelte Schallfald, 3632 O'Brien Road, represented herself and the Olympic Environmental Council of the Olympic Peninsula in stating that nothing less than a fonnal MTCA process is acceptable to allow for public input in environmental issues such as the proposed demolition and remediation of the Rayonier site. She did not agree with the two phase approach for this pennit. The City should mow, the State does know, and many private individuals mow what is on the site and where the environmental hot spots exist on the site. The City has not received concrete documentation regarding the trail easement to date even though such a trail has been in the works for many years now. She strongly suggested that no permit be granted until Rayonier has submitted the trail easement. It is unethical for the City to allow Rayonier to write its own MDNS, which was essentially done in this case. The company has stonewalled the efforts of agencies with specific expertise (State Department of Fish and Wildlife) and has not been cooperative in the review process, The method of clean up is not appropriate or safe for employees of the demolition crew or those living in the vicinity of the mill: the site should be covered, not just wet down during demolition. She stressed that Rayonier has had enforcement action levied on them in the past in order to be forced to comply with State regulations. This is a hugely significant processs, and she disagreed with the mitigated detennination of non significance threshold that was issued by staff and plans to appeal that detennination. In response to Commissioner Nutter, Mrs. Schanfald responded that the site should be covered section by section during the demolition process and workers should be haz-mat equipped. Barbara Osborne, 1129 East Eighth Street, and her husband Dr. Richard Osborne, requested that the shoreline substantial development for demoli'tion of the mill be denied. She completely agreed with the previous speaker that there is no reason for the City to not request a formal MTCA clean up. The City has everything to lose without the fonnal clean up process. For the past forty years, 10,450 tons of sulfide waste liquor, 881 tons of solid materials, 255 tons of biochemical oxygen consuming waste, and 51 tons of sulphur were dumped into the atmosphere by Rayonier, including untreated dumping of sewage into the Harbor area. The areas around the mill have been modified and compromised by this expulsion, Any disturbance of the shoreline through demolition activities without a formal MTCA process, has the potential for activating pathogens that have settled in areas around the mill site. In the interest of the citizens of Port Angeles and Clallam County, she requested that the Planning Commission deny the shoreline permit until a full environmental Planning Commission Minutes May 14,1997 Page 6 . assessment has been made as to the result of the demolition of the buildings and structures at the mill facility. Susan Turner, 293 Bert Road, Port Angeles, supported the proposal by Rayonier. She was glad to see that the company and the City are evaluating the site for future use and hoped that the eventual outcome would be a new use that would bring more jobs into the area. By supporting the permit, the City encourages the process to continue and the now ceased use to be converted to another use. Regulatory agencies can be very stringent in their regulations, and she was confident that those agencies responsible for ensuring compliance would act in the best interests of the County's residents. She thanked staff and the Commission for their efforts toward this proposal. Jean Fairchild, 3524 Mt Pleasant Road, asked if the City of Port Angeles has the trail easement in hand or is it a condition ofthe permit. Director Collins responded that the easement is not a condition of the permit or SEP A review but is a part of the proposed action on the part of the applicant. The City is satisfied that the commitment has been made and before any activity has occurred the agreement will be finalized. . Dennis Snyder, commented on the references made by speakers regarding historic actions on the part ofRayonier. A great deal of progress has been made over the years with the ultimate measure being that in January, 1997, Rayonier was awarded a merit classification from OSHA and WISHA on the voluntary protection plan that is only granted as a joint activity of the mill, management and employees, and WISHA, and is indicative to the mill's commitment to a safe environment. Rayonier is only the second mill to be granted such an award in the State of Washington. He stated that Rayonier is pledged to a better working relationship with the Tribe and realizes a need for better communication with the Tribe and he looks forward to that eventuality, In response to Commissioner Souders, Mr. Snyder answered that there are currently no railroad cars full of chemicals on the Rayonier site. All process chemicals have been removed from the site with only one small aboveground gasoline tank remaining. Frances Charles, appreciated Mr. Snyder's comments that he is willing and looking forward to discussing the Tribe's concerns with Tribal members. She publicly requested that she be allowed to tour the mill area, in particular, the creek, prior to demolition activity. She thanked the Commission for its efforts in deliberating this matter. Darlene Schanfald, questioned where the tank: cars went - she had heard that they were burned, which should have been a violation, and questioned the certification that Mr. Snyder referred to by the State. . Barbara Osbome, also questioned the OSHA and WISHA award noting that there is a good deal of documentation on file of the fines levied on Rayonier for safety violations. She expressed strong skepticism that the company would follow through with its promises without some strong inducements based on her personal experience over the course of several years. Don Scllwendiman, Regional Counsel for Rayonier, noted that it is too early to tell what the proper remediation should be. The company's position is not that everyone should commit at this point in . . . Planning Commission Minutes May 14,1997 Page 7 the process to a voluntary process, it may be that the company requests a consent decree or some other process. In response to Commissioner Nutter, Mr. Schwendiman answered that until Rayonier completes a site evaluation, it will not be known what the remediation process should be. In response to Commissioner Craver's question to Mr. Schwendiman regarding the Tribe's concerns, he responded that during the previous testimony, counsel for the Tribes, the City, and Rayonier, had met in the hallway and had come to an agreement on a revised condition to address the noted archaeological concerns. (The wording is Condition No.2 ofthe motion for approval.) Director Collins addressed the concerns that Mrs. Schanfald mentioned noting that the City did remain in continuous contact with other agencies with jurisdiction regarding the SEP A process in this matter, not to say there weren't gaps, but it is believed that all comments that were received from agencies with jurisdiction were taken into consideration in the issuance of the MDNS and the addendum to the original detennination. He noted that he had several discussions with Mrs. Schanfald as well during the process. There being no further testimony, Chair German closed the public hearing. The Commission recessed from 8:50 p.m. until 9:00 p.m. Commissioner Nutter began discussion noting that the r~view of the effects on fish and wildlife and the ability of Rayonier to conduct its own site evaluation were high on her list for further consideration. Chair German asked Marc Crooks, State Department of Ecology, Olympia, to comment on the MTCA process and clean up levels. Mr. Crooks, who works in DOE' Industrial Section, stated that his section is responsible for regulation of oil refineries, pulp mills, and aluminum smelters. He is responsible for the closure and clean up of the Rayonier Port Angeles site. The site is an old, historical site that has a good deal of contamination. There was a period in history when the mill could not be regulated. He explained the different methods of cleanup - voluntary, by consent decree, and enforcement orders. It is too early to define the contamination area, that time period is one and a half to two years down the road, following demolition of the structures and buildings. He will insist upon a very complete analysis of the site following demolition including monitoring wells and grid lines all over the site. A feasibility study cannot be done until the site is cleared of buildings and structures. In response to Commissioner Nutter, Mr. Crooks stated that fog misting during demolition is an acceptable method of dust contairunent as long as the water doesn't leave the site. He has only seen tarps used in asbestos containment. Ambient air monitoring stations do not measure particulates but do measure sulphur dioxide content. Following continued discussion, Commissioner Reed moved to approve the requested shoreline substantial development permit with the following conditions, and citing the following findings and conclusions: Planning Commission Minutes May 14, 1997 Page 8 . C.1ll1.ditions of ApJ1lilY..lll:.. 1. Once the buildings and aboveground structures have been removed, the applicant shall conduct a "complete environmental site assessment" and after which, apply for a separate shoreline permit for the cleanup phase of the project. 2. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, a cultural review team, which shall include a mutually acceptable professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department, shall conduct a site tour for the purpose of evaluating areas of potential archaeological interest. This team shall determine the extent of activity monitoring for the project during the permit review process. If during a permitted activity any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by the professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 3. The applicant shall comply with all Federal, State and Local regulations, including the Washington Model Toxics Control Act (MTCA), the City's Environmentally Sensitive Areas Protection Ordinance, and the City's Shoreline Master Program (specifically Chapters 4,5,6, and 7). . 4. The applicant shall revise its spill containment plan, shall clean up any deleterious materials accidentally spilled in Ennis Creek or Port Angeles Harbor, and shall assure that all contaminated stormwater runoff is diverted as necessary to address state agency concerns about potential impacts to Ennis Creek and Port Angeles Harbor. Ein.din~ Based on the information provided in the staff report for SMA 97-02 dated May 14, 1997 (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, Rayonier, Inc., Port Angeles Mill, applied for a shoreline permit on January 17, 1997 and a Determination of Completeness was issued on January 28, 1997, A public hearing was originally scheduled before the Planning Commission for March 12, 1997 at which time the item was continued because a SEP A threshold determination had not yet been made. The item was continued once again in April while additional SEP A related information was requested and exchanged until a determination was made and the item was scheduled for the present meeting of May 14, 1997, (please see Staff Report for SMA 97-02 dated May 14, 1997, Attachment A and B). . 2. The proposal is for the demolition of the existing pulp mill facility as represented in the May 14, 1997, SMA 97-02 Staff Report Attachment A and applicant testimony before the Planning Commission on March 12, 1997, and May 14, 1997. This includes the eventual removal of all existing buildings and structures with the exception of the dock. The structures located on the dock are to be removed, but the dock itself from Planning Commissian Minutes May 14. 1997 Page 9 . . . the decking on down is not part of this permit. The proposal also does not include any work below ground or any work in the water below the high tide mark. Although not a part of this permit, a second phase of the project will include a comprehensive environmental site assessment and any required remediation actions in accordance with the Washington Model Toxics Control Act. 3. The proposed project is specifically defined m the Work Plan for Pulp Mill Dismantling dated January to, 1997 and revised January 14, 1997, the letter dated January 16, 1997 received from Brian D. Jones, Environmental Superintendent for Rayonier, Inc., the Application for Shoreline Substantial Development, Conditional Use, or Variance Permits dated January 17, 1997, the letter dated March 17, 1997 received from Brian D. Jones, Environmental Superintendent for Rayonier, Inc., the Rayonier Materials Handling Plan Port Angeles Mill Dismantling dated March 17, 1997, and the letter dated April 29, 1997 received from Donald L. Schwendiman, Rayonier, Inc. all of which is included in the May 14, 1997 SMA 97-02 Staff Report Attachment A, and applicant testimony received at Planning Commission meetings of March 12, 1997 and May 14, 1997. 4. As stated in the letter dated April 29, 1997 received from Donald L. Schwendiman, Rayonier, Inc., "In addition, following dismantling, Rayonier will donate to the City an easement for a recreational trail across the mill site, connecting the City's existing Waterfront Trail to the west of the mill site with the old railroad right-of-way to the east of Rayonier's property, on a route of Rayonier's choosing consistent with future plans to be developed for use of the site. It is Rayonier's intent to enter into an agreement with the City for conveyance of this easement prior to the time the permits will be issued." 5. The applicant indicated before the Planning Commission on March 12, 1997, the hours of operation for phase one will be from 7:00 am to 5:00 pm, five days a week. 6. A significant amount of the subject site is covered by the existing structures. 7. A Mitigated Determination of Non-Significance (Determination #730) has been issued by the City of Port Angeles SEPA Responsible Official for the proposed project. The associated comment period expires May 14, 1997 (Please see Staff Report for SMA , 97-02 dated May 14, 1997, Attachment B). 8. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 9. As part of both the shoreline permit process and the SEP A review process, the following agencies and tribes were notified and asked to comment on the applications: Department of Ecology, Department of Fish and Wildlife, Department of Natural Resources, Clallam County Environmental Health, Clallam County Planning, Lower Elwha Klallam Tribal Council, Jamestown KlaIlam Tribe, Environmental Protection Agency, Army Corps of Engineers, Department of Labor and Industries, and the Port of Port Angeles. The comments received from these agencies and tribes are included and/or referenced in Staff Report for SMA 97-02 dated May 14, 1997(Attachment C). . . . Planning Commission Minutes May /4, /997 Page /0 10, The three primary concerns addressed in the SEPA review were 1) disposal of demolition debris including how hazardous materials would be handled, 2) how and who would conduct independent inspections of the demolition and disposal process, and 3) when site remediation would occur. 1 I. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application, 12. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. 13. The nearest residents are located atop a marine bluff adjacent to the subject property which is over 100 feet above sea level. 14. The existing mill facility is located along the shoreline with portions extending into the harbor's aquatic area, the site is also adjacent to the Ennis Creek ravine and includes the Ennis Creek outfall into the harbor and a marine bluff. 15. The site is an identified historical and culturally significant site. Testimony was received from the Lower Elwha Klallam Tribe stating that the project site includes the location of a former village, fishing area, and burial ground and that the Tribe's concerns extend beyond potential disturbance from soil excavation, because many artifacts may be located very near or even on the surface in some instances. 16. Testimony was provided by Marc Crooks of the Department of Ecology, who testified as to the assessment process which will be used in the site clean up and answered questions about independent study versus consent decree site assessment options. .cOJJdusjf).ns.:.. Based on the information provided in the Staff Report for SMA 97-02 dated May 14, 1997, 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. A comprehensive environmental site assessment, specifically including soil analysis for potential contamination, cannot be adequately completed until the removal of the existing structures on the site. B. Potential impacts to the shoreline and necessary site remediation measures including potential beach restoration cannot be adequately addressed until completion of a comprehensive environmental site assessment. c. Separate shoreline permits and phased SEP A review for the above ground demolition and site remediation is appropriate. . . . Planning Commission Minutes May 14,1997 Page J 1 D. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A2 and H4, Conservation Element Policy D7 and Economic Development Polices AI, 2 and 4, Comprehensive Plan Land Use Element Policy H3, and Conservation Element Policies B I, 2, 9, 10, and ]], D 1 and 3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Dl, JI, 2 and 5, KI, 2 and 4, and HI and 2, and Chapter 5, DI, 3 and 9, El, 2, and 8 , and all associated regulations. E. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A2 and H4, Conservation Element Policy D7 and Economic Development Polices AI, 2 and 4, Comprehensive Plan Land Use Element Policy H3, and Conservation Element Policies BI, 2, 9,10, and II, Dl and 3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, DI, 11, 2 and 5, Kl, 2 and 4, and HI and 2, and Chapter 5, DI, 3 and 9, EI, 2, and 8, and all associated regulations. F. As conditioned, the project will not be detrimental to the shoreline. G. As proposed, the project will not interfere with public physical or visual access to the shoreline. H. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. 1. The associated MDNS adequately addresses the concerns regarding adverse impacts raised through the project review process, Commissioner Souders seconded the motion, which passed unanimously. SHORELINE MANAGEMENT PERMIT - SMA 97-04, PORT OF PORT ANGELES,Boathaven, 800 Block Marine Drive: Request for a permit to allow the reconstruction of 12 boat houses that were destroyed in the 1996-97 winter storms and an addition to a public restroom facility to be handicapped accessible in the ill, Industrial Heavy zone. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval ofthe requested permit. Chair German opened the public hearing. Ken Sweeney, Planning and Environmental Manager, Port of Port Angeles, 338 West First Street, agreed with staffs recommendation and was present for questions. In response to Commissioner Nutter's question as to if the applicant is aware of the condition regarding the color of paint to be used for the new boat houses, Mr. Sweeney answered that he is aware of the condition that originates in the City's Shoreline Master Program. Planner Sawyer responded to Commissioner Souders that the permit is intended to be on- going in that it will pennit reconstruction beyond the normal time limitations of a shoreline . . . Planning Commission Minutes May 14,1997 Page 12 substantial development permit to allow the reconstruction at boat owners' individual limitations. There being no further questions, Chair German closed the public hearing. Commissioner Nutter moved to approve the shoreline permit as requested with the following conditions, and citing the findings and conclusions as follows: ConditiQDSj)f..Approval: 1. If the subject site has not been 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. 2, All boat houses shall be less than 36' by 50' in size and shall not exceed 201 in height measured from the extreme high tide level. 3. All boat houses shall be constructed as to conform to all City building, fire and electrical codes and shall be able to withstand reasonable stresses from storms and weather and damage from fire. 4. All boat houses shall be painted with a non-reflective paint in a neutral color. 5. All boat house exterior wall and roof coverings shall be of non-combustible or fire- retardant-treated materials. 6. The total area of all boat houses located in the Boat Haven shall not exceed 10% of the total over-water area ofthe marina. 7. The building materials used for the restroom expansion shall be compatible with those of the existing structure. 8. The proj ect shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 9. The project shall comply with the regulations of the City's Enviromnentally Sensitive Areas Protection Ordinance. PlaMing Commission Minutes May 14,1997 Page 13 . Findings; Based on the information provided in the staff report for SMA 97-04 dated May 14, 1997, (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, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on March 24, 1997, and amended the application on April 4, 1997. The application as amended was determined to be complete on April 22, 1997, 2, The proposal is to replace 12 boat houses that were destroyed during the past winter's storms and to build an eight foot by eight foot (64 sq.ft.) handicapped accessible addition to an existing restroom facility The permit is also intended to permit future remodeling and upgrading ofthe remaining 77 boathouses. (Staff Report Attachment A). 3. A Determination of Non- Significance was issued by the Port of Port Angeles SEP A Responsible Official for the restroom portion ofthe proposal and a Determination of Non-Significance (Determination #731) was issued by the City of Port Angeles SEP A Responsible Official for the covered moorage portion of the application ( Staff Report). Neither document was appealed. . 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 6. The site is designated fudustrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. 7. Boat houses/covered moorage and restrooms are accessory uses to a marina which is a permitted use in the City's Industrial, Heavy zone and in the Aquatic and Urban- Harbor shoreline designations. 8. The nearest residents are over 100 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 9. The Department of Ecology (DOE) responded to the Port of Port Angeles that since the proposal is only for the replacement of boat houses destroyed during the past winter's storms no permits or approvals are required by DOE. . 10. As part of the City's noticing procedure the following agencies and tribes were notified of the proposed application and asked for comments: Washington State . . . Planning Cnmmission Minutes May 14, 1997 Page 14 Department of Ecology, Washington State Department ofFish and Wildlife, Army Corp of Engineers, Lower Elwha Klallam Tribal Council, and Jamestown Klallam Tribe. The City received no comments from any of these agencies and tribes with the exception of the DOE comment noted above. 11. The proposed construction is within an established, developed area. The proposed restroom addition extends to the south ofthe existing structure. 12. The replacement of the boat houses will be in the same location as those destroyed. 13. The location of the covered moorage is outside of the area between Cherry Street (extended) and Vine Street (extended) and is not on the Ediz Hook shoreline. 14. The size of the area where the proposed 12 and remaining 77 boathouses are located is approximately five (5) percent ofthe area known as the Boat Haven. ConclusiQl1S.: Based on the information provided in the Staff Report for SMA 97-04 dated May 14, 1997, 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 following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Co~servation Element Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies D-I, H-l and 4, J-2, K-l, 2 and 4, and N-l, Chapter 5, Policies D-I, 3 and 9, and F-l, 2 and 8, Chapter 6-B General Regulation lib and Covered Moorage Regulations 1-4, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policy A-2, Conservation Element Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies D-I, H-l and 4, J-2, K-l, 2 and 4, and N-l, Chapter 5, Policies D-l, 3 and 9, and F-l, 2 and 8, Chapter 6-B General Regulation lIb and Covered Moorage Regulations 1-4, 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 physical or visual access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or . . . Planning Commission Minutes May 14,1997 Page 15 waters subject to the public trust doctrine. The motion was seconded by Commissioner Reed, and passed unanimously. CONDITIONAL USE PERMIT - CUP 97-08-=..JD.AN..d~ FUCA FESTIVAL OF THE ARTS,J..Djl.B1QCk..E.ourtbL.Eiftre~ts: Request to allow overnight recreational vehicle parking for vendors in conjunction with a community festival activity in the CO, Commercial Office and PBP, Public Buildings and Parks zones. Planner Sawyer reviewed the Planning Department's report recommending approval of the overnight recreational parking for the community festival. Chair German opened the public hearing. Marcy Dawson, 150 Miller Creek Road, was present for questions but had nothing to add to the staff s recommendation. There being no further testimony, Chair German closed the public hearing. Commissioner King moved to approve the conditional use permit as proposed with the following conditions, and citing the findings and conclusions as follows: Gondit~of Approval: 1. All aspects of the project shall meet or exceed all local, state, and federal codes. 2. The applicant shall request from the County the use of the County's parking lot for overflow parking during the hours the County's administrative offices are closed, 3. The applicant shall strive to establish an off-site parking lot and shuttle system to reduce the event's parking impact on surrounding land uses. 4. Adequate sanitary facilities shall be available at all times for the overnight camping area. 5. The overnight camping shall be restricted to the area identified on the application's site plan included in Attachment A of the May 14, 1997, Staff Report for CUP 97- 07. 6. The overnight camping area shall be separated from any area used for vehicle parking or movement. 7. The overnight camping area shall only be available to vendors operating a booth at the festival. All other inquiries regarding the availability of overnight camping shall be directed to existing overnight camping facilities permitted in accordance with the City's Zoning Ordinance. Planning Commission Minutes May 14. 1997 Page 16 . 8. Fire access through the east parking lot from 5th Street shall be maintained to the satisfaction of the Fire Department. 9. This approval shall be good for 1997 and 1998, for one such festival per year to be held at the same location, during approximately the same time of year and for a period not to exceed four days (two of which shall be a Saturday and a Sunday). Findings: Based on the information provided in the May 14, 1997 Staff Report for CUP 97-07, (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: 2. . 3. 1. The applicant, Juan de Fuca Festival of the Arts has applied for a conditional use permit for overnight camping as an accessory use to an arts and crafts and performing arts festival in the Public Buildings and Parks (PBP) zone as proposed in the May 14, 1997, Staff Report (Attachment A). The Comprehensive Plan Land Use Designation for the subject property is Commercial. The subject property is zoned PBP. 4. The Vern Burton Community Center and City Hall complex is promoted and used as a convention center for various public and private uses, including numerous arts and crafts shows and performing arts activities. 5. An Adoption of an Existing Document (Determination #730 adopting Determination #644) was issued for the proposed project on May 8, 1997, and is attached as Attachment B of the May 14, 1997 Staff Report for CUP 97-08. 6. 7. 8. 9. 10. . Parks are a permitted use in the PBP zone. Parks are a permitted use in the CO zone. Over-night camping is an accessory use to a public park facility. The area proposed for over-night camping contains 16 parking spaces. With the festival as proposed, the Vern Burton Community Center/City Hall site will have 112 on-site parking spaces available to the public. . . . Planning Commission Minutes May 14, 1997 Page 17 Gonclu.siDns..: Based on the information provided in the May 14, 1997, Staff Report for CUP 97-07 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. As conditioned, the proposed use is consistent with the intent of the Comprehensive Plan's Commercial land use designation and the Comprehensive Plan's goals and policies including but not limited to Land Use Policies A2, Dl and D2. B. Limited over-night camping as an accessory use to a public park meets the purpose and intent of the PBP zone, C. As conditioned, the proposed limited over-night camping as an accessory use to an arts and crafts festival, providing on-site over-night accommodations to participating vendors for reasons of security and access meets the purpose and intent of the PBP zone. D. As conditioned the proposed project is in the public use and interest. Commissioner Souders seconded the motion which passed unanimously. COMPREHENSIVE PLAN AMElSDMENTS - CPA 97-01 AND CPA ~2..: Proposals to amend the City's Comprehensive Plan to consider expansion of the City's Urban Growth Area (UGA) along the south City limits at Coyote. Lane and east of Wabash Street and to include policies regarding "general aviation airports", as required by state law. Planning Director Collins reviewed. the Planning Department's combined report reconunending approval ofthe Comprehensive Plan amendments. Chair German opened the public hearing. Ken Sweeney, Planning and Environmental Manager, Port of Port Angeles, 338 West First Street, supported the proposed amendment recognizing the state law that would declare the airport facilities as an essential public facility. The Port urges diligence in planning areas surrounding the.airport area for development. Noise complaints can stifle expansion plans of the airport and reduce the ability for service to the general public. There being no further comments, Chair German closed the public hearing. Commissioner King moved to approve the amendments as proposed. The motion was seconded by Commissioner Reed. . . . Planning Commission Minutes May 14.1997 Page 18 Commissioner Souders noted in referenced to Comprehensive Plan Amendment No. CPA 97-01 that it appears a good portion of the area proposed as being included in an amended Urban Growth Area (UGA) boundary would be classified as critical areas. She suggested that a friendly amendment be made noting that although it is not the City's policy to actively annex critical areas, this area is an exception to the rule because the City has critical areas ordinances in place. Mr. Collins suggested that the policy (ClaIlam County's County -Wide Planning Policy Appendix B) regarding avoiding critical areas in UGAs should be cited in the motion and that Finding No. 7 could be amended noting the limitation of access as being a main reason for the deviation. In response to Commissioner Craver, Mr. Collins did not believe that upgrades to the Lincoln Park activities and ball parks would not be jeopardized by the proposed Comprehensive Plan Amendment recognizing the airport as a necessary public utility. Chair German asked Ken Sweeney to respond to the question. Mr. Sweeney responded that recreational activities are not considered a noise sensitive activity. The major problem results from dense residential situations or church activities. The maker oftbe original motion and tbe second accepted the amendments as proposed by Commissioner Souders and Director Collins. The amended final findings and conclusions are as follows: Findings' 1. SSB 6422 requires the City of Port Angeles to include policy statements regarding General Aviation Airports in its Comprehensive Plan. 2. The City consulted with the Port of Port Angeles and WSDOT Aviation Division regarding proposed General Aviation Airport policies. 3. The City received requests from six property owners for inclusion of their properties within the Port Angeles Urban Growth Area (UGA). 4. The City's Comprehensive Plan, including Appendix B (Clallam County's County- Wide Planning Policy) was reviewed to determine consistency of the proposed amendments with the Comprehensive Plan goals and policies. 5. The following Comprehensive Plan goals and policies were found to be most relevant: Growth Management Goal B, Policies B.l, B.3, B.5, B.9; Appendix B (Clallam County's County-Wide Plarming Policy) Urban Growth Area Policies 3 and 9; Siting of Public Capital Facilities Policies I, and 8; and Transportation Facilities and Strategies Airport Policies 31, and 32. 6. The City's Comprehensive Plan may be amended once a year. . . . Planning Commission Minutes May /4. /997 Pagel 9 7. . Limited access to the area is through the City due to its topographical location which includes the existence of the Peabody Creek ravine and National Park property. 8. The City has adopted and enforces its critical areas ordinances. Conclusions: 1. The proposed amendments are consistent with the Comprehensive Plan. 2. The proposed amendments are consistent with State law, 3. The proposed amendments are in the public interest. The motion passed unanimously. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Staff agreed with Chair German that the testimony provided by Marc Crooks, of the State Department of Ecology, was most helpful in their deliberation regarding the Rayonier Shoreline Substantial Development Permit process. REPORTS OF COMMISSION MEMBERS Commissioner Souders reported that she had attended a very interesting conference regarding regional planning and fisheries issues on the Hood Canal. She also reported that the committee reviewing the City's Environmentally Sensitive Areas (ESA) Ordinance has been meeting regularly but has not completed its review for any recommendations. ADJOURNMENT The meeting adjourned at 10:55 p.m. Brad Collins, Secretary PREPARED BY: S. Roberds