HomeMy WebLinkAboutMinutes 06/08/2011ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 8, 2011
6:00 p.m.
Members Present: John Matthews, Tim Boyle, Nancy Powers, Doc Reiss,
Sissi Bruch, David Miller
Members Absent: None one vacancy
Staff Present: Scott Johns, Heidi Greenwood, Roberta Korcz, Sue
Roberds
Public Present: Mike Gentry, Denise Brennan, Doug Timmons, Paul
Cronauer (by phone)
APPROVAL OF MINUTES
Commissioner Bruch moved to approve the May 25, 2011, regular meeting minutes
as written. The motion was seconded by Commissioner Miller and passed 5 0 with
Commissioner Powers abstaining due to excused absence from that meeting.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -06
CRONAUER, 115 E. Railroad Avenue: Proposal to install mooring buoys and
create tide pools in the shoreline area. (This item is continued from May 25 2011.)
Chair Reiss read the qualifying questions for Commissioners regarding Appearance
of Fairness matters. All Commissioners responded for the record that they had no
Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public
hearing procedures for audience members. No issues were noted.
Associate Planner Scott Johns reviewed the Department Report and used a Power
Point presentation to describe site development components. He responded to a question
from Commissioner Bruch as to the location of the proposed tide pools and how public
access to those pools would be provided.
Commissioner Bruch asked about the chemical content of the concrete. Mr Johns
noted that the shoreline permit does not deal with specifics of the development other than the
land use aspect. He noted that the Departments of Fisheries and Wildlife and Natural
Resources and Army Corps of Engineers will fully review the proposed development plans if
the land use is permitted, and will address those types of specialized development issues.
In response to a question as to whether the ability to allow mooring balls would add
to the pollution of the Harbor, Planning Manager Roberds noted that the Harbor is a public
harbor where vessels currently are permitted to anchor in public areas. The only difference
from what is being proposed, with regard to anchoring, than from what is currently permitted
on a daily basis, is that mooring balls will be provided such that anchors would not be used.
This would lessen the impact to the Harbor floor and specify where vessels could be moored.
Planning Cotnansnan Minutes
June 8, 2011
Page 2
In response to Commissioner Matthews, Planning Manager Roberds noted that the
site dock is not currently accessible to the public. The property owner is currently repairing
the facility and until those repairs have been inspected and approved, only construction
personnel may use the dock.
In response to Commissioner Boyle, Planning Manager Roberds indicated that no
utilities are not available for vessel moorage at the City's Municipal Pier
Chair Reiss opened the public hearing.
Michael Gentry, 115 East Railroad Avenue thanked the Public Works Department
for its interest in renewable energy projects. He then presented a Power Point presentation
indicating development concepts and asked that the Commission approve the shoreline
substantial development application.
Paul Cronauer, P.O. Box 282, Port Angeles, WA was available by phone. Mr
Cronauer thanked the Commissioners for consideration of the application and stated that he
is looking forward to providing moorage for large visiting yachts at his dock. The plan
allows for 3 medium vessels rather than 1 large vessel.
In responding to a question from Commissioner Reiss, Mr. Cronauer explained his
concept of how the tide pools should be developed being similar to the function of the tide
pools at the Seattle Aquarium cascading rather than ponding. He agreed that there is no
currently no connection with the Feiro Marine lab function but he hopes to work jointly with
the Marine lab in the future on aquatic projects. Discussion continued with regard to
development of the tide pools and it was noted that final design would depend on further
permitting through reviewing agencies.
Doug Timmons, 814 Milwaukee Drive has enjoyed tide pool attractions in other
areas. He suggested the application should be approved.
There being no further comment, Chair Reiss closed the public hearing.
Planning Manager Roberds responded to a question from the Commission
regarding process by stating that the applicant is following proper procedure by obtaining the
local permitting initially and then proceeding with subsequent permit approvals from
agencies with expertise and jurisdiction in specific development proposals. It is unlikely
other agencies will proceed with their processes without initial local approval. The Planning
Commission's purview is only the land use component of the matter, not how a project is
engineered. The project will receive scrutiny from the Departments of Natural Resources,
and Fish and Wildlife, and Army Corps.
Associate Planner Scott Johns responded to a question as to whether staff had
experience with any similar uses by saying that he had been on contact with staff in Port
Townsend regarding a tide pool project. In that instance, the pool area had become
contaminated with trash without direction as to who would be responsible for maintenance.
A condition could be added to ensure that doesn't occur if the Commission feels it is
appropriate.
Following continued discussion, Commissioner Powers moved to approve the
mooring balls and tide pool portions of the shoreline substantial development permit
application citing 8 conditions, 16 findings, and 3 conclusions in support of that action,
while denying the amphitheater portion of the application because it is not supported
by the property owner, and the quarry spall placement is exempt as repair and
maintenance. The following conditions, findings, and conclusions were cited:
Planning Commission Minutes
June 8, 2011
Page 3
Conditions
1 The applicant is responsible for obtaining all necessary permits from local, state and
federal agencies. Verification of permit issuance, including agency conditions, shall
be supplied to the city prior to beginning any site alteration or construction.
2. Mooring buoys shall be equipped with midline floats per Department of Natural
Resources and Washington State Department of Fish and Wildlife standards.
3 Information showing the location of the mooring buoys, the depth of water at the
location of the buoys, and the maximum draft of vessels using the moorings shall be
provided in scaled construction drawings. The specific location of the mooring buoys
shall be approved by Washington State Department of Natural Resources prior to
placement and registered with the Department of Natural Resources after placement.
4 The mooring buoys shall be placed in a such a manner to eliminate vessel grounding
and impacts from prop wash and ensure there is no need for future dredging.
5 Construction of artificial tide pools shall not result in an increase in shoreline
hardening nor in any expansion of the upland foot print of the site.
6 The placement of quarry spalls or other rock to maintain and repair the existing
armored shoreline shall not result in an increase or expansion of fill areas in the Port
Angeles Harbor
7 The pump intake for the tide pools shall be fitted with a fish screen to prohibit the
intake of migratory salmon fry or other small animals.
8. The applicant shall be responsible for all maintenance repair, or other actions
necessary for proper function of the tide pools and shoreline area. If the pools are
required to be removed, the applicant shall be responsible for such removal and
restoration.
Findings
Based on the information provided in the June 8, 2011, Staff Report for SMA 11 -06
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 Paul Cronauer, owner of the
Landings Mall, on April 7, 2011, for the addition of new quarry spalls on the existing
shoreline armoring (an exempt project), the placement of three (3) mooring balls on
the east side of the pier, the covering of the existing rip rap revetment on the northeast
corner of the site with sprayed -on concrete to create artificial tide pools, and for the
construction of concrete terraces around the Peabody Creek estuary shoreline.
2. A portion of the proposed work would occur on property not owned by the applicant.
The property owner did not sign the application materials and is not interested in
becoming a party to the project.
3 A Determination of Non Significance #1287) was issued by the City of Port Angeles
SEPA Responsible Official for the proposal on May 23, 2011
Planning Commission Minutes
June 8, 2011
Page 4
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 Commercial in the City's Comprehensive Plan, Central
Business District in the City's Zoning Ordinance, and Urban- Harbor and Aquatic
Harbor in the City's Shoreline Master Program.
6. Adding additional armoring materials similar to existing shoreline armoring is
considered normal maintenance and repair and is exempt from shoreline permitting as
long as the armored area does not increase in area.
7 Chapter 5 of the City's Shoreline Master Program indicates boating facilities,
including mooring buoys, are permitted uses in the A -H designation.
8. Washington State Department of Natural Resources standards for State -owned
aquatic lands require that existing bank armoring on state -owned lands must be
replaced with softer (less intrusive) shoreline protection systems when the armoring
system is being replaced.
9 Washington State Department of Natural Resources requires registration of all
mooring buoys sited on state -owned aquatic lands.
10 The location of mooring buoys is in an area that is thought to be deep enough to
ensure that moored boats will not be allowed to ground at low water levels.
11 The following adopted City policies are most relevant to support the proposed
project: Comprehensive Platt Land Use Element Policies F -1, Conservation Element
Policies A -1, B -1, 2, 9, 10, D -1, 3, Economic Development Element Policies A -3
6, and B -1, the City's Shoreline Master Program Urban Harbor and Aquatic
Harbor designations and Chapter 4, Policies B -1, D -1, E -2, I 1 -4 and K -1, 2, 3,
Chapter 5, Policies D -1, 5, and 10, F -1 3 5, and Chapter 6, Policies B -I, 2, 3,
and Chapter 7, Policy B -2, 4, 5, and all associated regulations.
12. The City's waterfront trail runs east and west along the south boundary of the project
site. No changes to the trail are proposed and no adverse impacts to trail users is
anticipated.
13 Notice of the project was originally published in the Peninsula Daily News on April
13, 2011, mailed to property owners within 300 feet of the project site on April 11,
2011, and the site was posted on April 11, 2011
14 The Planning Commission opened a public hearing on this item at its May 25, 2011,
regular meeting and continued the public hearing to June 8, 2011, in order to fulfill
the time requirements of WAC 197- 11- 340(2)(a) (the SEPA process).
15 The site is located in an area of known salmon migration.
16. Application materials identify conceptual ideas for tide pool development without
providing specific scientific data. Discussion with Army Corps of Engineers and the
Department of Fish and Wildlife personnel regarding similar tide pool development
in this area indicated that such development has not been successful without due to
maintenance issues.
Planning Commission Minutes
June 8, 2011
Page 5
Conclusions
Based on the information provided in the June 8, 2011, Staff Report for SMA 11 -06
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 project is consistent with the City of Port Angeles
Comprehensive Plan and Shoreline Master Program.
B. Permitted portions of the project will not be detrimental to the shoreline as
conditioned and will facilitate additional public enjoyment of the shoreline area as the
project will enhance public access to the shoreline environment and will not interfere
with public use of lands or waters.
C As conditioned, the tide pools will be maintained by the applicant. If the tide pools
are not a success and required to be removed, the area will be restored by the
proponent to ensure future use of the property in an acceptable manner
The motion was seconded by Commissioner Matthews and passed 6 0.
STREET VACATION PETITION STV 11 -02 PORT OF PORT
ANGELES, Portion of unopened 19 Street east of "0" Street within the
Airport Industrial Park.
Planning Manager Sue Roberds reviewed the Department Report and used a Power
Point presentation to describe the area and development surrounding the right -of -way Chair
Reiss opened the public hearing.
Jesse Waknitz, Port of Port Angeles, P.O. Box 1350, Port Angeles was present for
questions.
There being no further comment, Chair Reiss closed the public hearing.
Commissioner Bruch moved to recommend approval of the street vacation as
proposed citing the following condition, findings, and conclusions in support of the
motion:
Condition.
1 The subject right -of -way shall be vacated concurrent with final of BSIP 11 -01 when
dedication of area abutting the right -of -way will be dedicated to create the required
cul -de -sac turn around as shown on Exhibit `B" to the staff report for STV 11 -02.
Planning Commission Minutes
June 8, 2011
Page 6
Findings:
1 A petition requesting vacation of a portion of right -of -way dedicated to the City of
Port Angeles under Auditor's File #1029672 in 1999, located in Suburban Lot 123,
was submitted by the Port of Port Angeles on May 11, 2011
2. The procedure for consideration of vacation of rights -of -way is set forth in RCW
35 79 RCW 35 79 requires the signature of two thirds of the abutting property
owners in order for a petition to be considered valid when a vacation of right -of -way
is proposed. The Port of Port Angeles is the owner of 100% of the abutting property
3 The subject area is zoned IL, Industrial Light. The IL zone is a zone intended to
create and preserve areas for industrial uses that are largely devoid of exterior
nuisances in close proximity to airports and highways.
4 The subject right -of -way is an undeveloped portion of 19 Street that was dedicated
to the City of Port Angeles in 1999 under Auditor's File #1029672 to serve lease lots
approved for development through a binding site improvement plan (BSIP) at that
time. The right -of -way is undeveloped as are most of the lots that the right -of -way
was intended to serve.
5 A BSIP, submitted to the City on April 12, 2011, proposed development of property
within the Airport Industrial Park adjacent to the originally approved BSIP site. That
development proposal identifies the reconfiguration of the subject 19` Street right -of-
way to create a cul -de -sac rather than a dead end into a newly created lease lot. The
reconfiguration requires an initial vacation action with subsequent dedication of
additional area through the BSIP The BSIP was preliminarily approved by the
Planning Commission on May 11, 2011
6. The City's Comprehensive Plan and Land Use Map were reviewed for consistency
with the proposed vacation of right -of -way Land Use Element, Map Goals, Policies,
and Objective Element Goal A is relevant to the proposal. Intended development of
the site is industrial.
7 The Port Angeles City Council's Real Estate Committee met on June 6, 2011, to
review the matter No compensation will be charged for the right -of -way as
subsequent dedication of right -of -way will be provided to serve the purpose for which
the original dedication was intended.
8. The vacating of a street is categorically exempt from a State Enviromnental Policy
Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative
Code.
9 The site was posted regarding the proposed land use action on November 4, 2010
No written public comment was received prior to the public hearing that was
scheduled for a special meeting before the Planning Commission on November 17,
2010
10 Pertinent issues analyzed in review of the petition are as follow
Traffic Patterns Established traffic /access patterns in the area will not change if the
proposed vacation is approved. The right -of -way has not been developed, and lots
Planning Commission Minutes
June 8. 2011
Page 7
that would have been served by the right -of -way will continue to be served by right
of -way that is slightly reconfigured from the original dedication.
Utilities. Utilities will not be affected by the vacation.
Development Patterns The proposal will not adversely impact existing and will
allow for further development in the area with an improved transportation system as a
result of the vacation proposal.
Environmentally Sensitive Areas There are no environmentally sensitive areas on
the site. A required buffer area exists along the frontage of the site (18 Street) that
contains a sophisticated storm drainage system for the entire site. That drainage
system will not be affected by the vacation.
Public Health, Safety and Welfare Vacation of the unused short stretch of right -of-
way will facilitate a logical circulation pattern for the area and allow the creation of
more reasonably configured lease lots in the new BSIP The vacation action will
allow dedication of an effective right -of -way along with the vacation of unused right
of -way that will be absorbed into newly created lots thereby making those new lots
more viable as well. Vacation will not result in disruption to established use patterns
because neither the lots nor the right -of -way to those lots have as yet been developed.
11 At its May 17, 2011, regular meeting, the Port Angeles City Council established a
public hearing date by resolution for action on the street vacation petition as June 21,
2011
12. Public notice was placed in the Peninsula Daily News on May 18, 2011, and the site
was posted for land use action on May 22, 2011 No written public comment has
been received.
13 The Port Angeles Planning Commission conducted a public hearing on the proposed
street vacation at its regular meeting of May 8, 2011, and forwarded a
recommendation to the City Council for consideration.
Conclusions:
A. As conditioned, the vacation action will allow the reconfiguration of existing lease
lots and future lease lots in the Port Angeles Industrial Park in a logical manner and
will facilitate through access between development areas within the Industrial Park.
B Access to lots served by the existing right -of -way will not be affected by the vacation
action and new lots to be served by the reconfigured right -of -way will be served in an
impeded manner consistent with development expected in an industrial zone.
C. The proposal is consistent with the goals and policies of the City's Comprehensive
Plan specifically Land Use Map Goal, Policies and Objective Element Goal A.
The motion was seconded by Commissioner Boyle and passed 6 0.
STAFF REPORTS
None
Planning Commission Minutes
June 8, 2011
Page 8
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7.30 p.m.
PREPARED BY S. Roberds
ds, Secretary Doc Reiss, Chair