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HomeMy WebLinkAboutMinutes 06/25/2003 o .~ ~ pORT,ANGEtE:S WAS H J N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 25,2003 7 p.m. Ajoint City Council/Planning Commission meeting will be held at 5:30 p.m. for discussion of proposed Comprehensive Plan Amendments . I. REGULAR MEETING - CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of June 11,2003 and consideration of revision to May 28, 2003, minutes IV. PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 03-04 - RA YONIER. 900 North Ennis Street: A shoreline substantial development activity to allow the removal of concrete slabs, breaking, crushing, and separation of materials in the slabs on-site, and placement of the recycled product over portions of the site. Approximately 140,000 cubic yards of additional soil from the State of Washington Graving Dock construction site will be spread over the crushed concrete to a depth of approximtely 6 feet. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIn. ADJOURNMENT . PLANNING COMMISSIONERS: Linda Nutter (Chair). Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott. Len Rasmussen, Jack Pittis PLANNING STAFF: Brad Collins. Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 25, 2063 *5:30 p.m. 7:00 p.m. * A joint meetillg between the Planning Commissioll and City Council began at 5:30p.m. for consideration of proposed Comprehellsive Plan amendments. Planning Commission: Bob Philpott, Chuck Schramm, Linda Nutter, Jack Pittis City Council Members: Mayor Wiggins, Karen Rogers, Lauren Erickson, Richard Headrick, Gary Braun, Larry Williams, Orville Campbell Staff : Brad Collins, Scott Johns, Craig Knutson, Mike Quinn, Becky Upton Mayor Wiggins called the joint meeting to order which was intended for members of the City Council and the Planning Commission to discuss proposed amendments to the Comprehensive Plan that had earlier been reviewed and acted upon by the Planning Commission. Director Collins and Associate Planner Johns answered questions and presented additional information regarding the proposed amendments. A motion to approve the proposed amendments was made by Councilman Williams, seconded by Councilman Braun, and motion passed unanimously. The joint meeting adjourned at 7:05 p.m. and members of the City Council left the chambers. PLANNING COMMISSION Regular Meeting 7:10 p.m. ROLL CALL Members Present: Bob Philpott, Chuck Schramm, Linda Nutter, Jack Pittis Members Excused: Leonard Rasmussen, Fred Hewins, Fred Norton Staff Present: Brad Collins, Scott Johns Public Present: Jack Anderson, Dave Adkins . . . Planning Commission Minutes June 25, 2003 Page 2 APPROVAL OF MINUTES Corrections to the June 11, 2003, minutes were noted and it was decided to bring the minutes back for review at the next meeting. Director Collins presented additional changes made to the adopted May 28,2003, regular meeting minutes. The changes were made for clarification of issues for the City Council and at the request ofthe Planning Commission. No further action was taken. PUBLIC HEARING: SHORELINE SUBST ANTIAL DEVELOPMENT PERMIT - SMA 03-02 - RA YONIER 700 North Ennis Street: A shoreline substantial development activity to allow the removal of concrete slabs, breaking, crushing, and separation of materials in the slabs on- site. and placement ofthe recycled product over portions of the site. Approximately 140,000 cubic yards of additional soil from the State of Washington Graving Dock construction site will be spread over the crushed concrete to a depth of approximately 6 feet. Associate Planner Johns presented the Departmental Staff Report recommending approval of the shoreline substantial development permit. Commissioner Pittis asked why the public notice quoted a specific volume of soil to be moved and the staff report quoted a range ofvolumes. Planner Johns answered that the quantity stated in the public notice was the figure that was included on the application and that the range that is stated in the staff report is a result of calculations derived from information provided by the applicant and infonnation Department of Transportation (WSDOT) included on the application materials provided for the graving dock. He went on to point out that due to the nature of the soils at the graving dock site, an accurate volume of soil is difficult to determine. Commissioner Schramm questioned the number of truck trips stated in the staffreport. Planner Johns said that the figure is not intended to be an accurate representation of the actual number of truck trips but is included to provide a reference for the magnitude of the operation and to indicate what the impacts might be. Director Collins pointed out that the pennit application being considered was for the Rayonier site and that Rayonier would have little control over what happened at the WSDOT site or on the roads between the two sites. Chair Nutter opened the public hearing. Jack Anderson, 700 N. Ennis, Port Angeles, W A, the representing Rayonier, reiterated that, as Mr. Collins stated previously, the movement of soils from the graving dock site to the Rayonier site is WSDOT's responsibility not Rayonier's. Mr. Anderson clarified that the 140.000 cubic yards of soil stated in the application is an estimate based on the knowledge that some of the soils at the graving dock site will be used on-site and that some ofthe soils will not be acceptable to Rayonier. He stated that Rayonier has control over what materials are accepted and how those materials are dealt with once they are on-site. The soil will be available at different periods oftime based on the WSDOT schedule of work so truck traffic will be intermittent. Mr. Anderson further stated that no broken concrete will be placed over the City's sewer or water lines and that soils will be spread only deep enough to provide safe side slope angles. There being no further testimony, Chair Nutter closed the public hearing. . . . Planning Commission Minutes June 25, 2003 Page 3 Following brief discussion, a ninth finding was proposed and minor modifications to the conditions and conclusions were agreed upon. Commissioner Pittis moved to approve Shoreline Substantial Development Permit SMA 03-02 with the following amended conditions, findings, and conclusions: Conditions: 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 Port Angeles Department of Community Development. 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. The applicant shall comply with RCW 27.44 (Indian Graves and Records) and RCW 27.53 (Archaeological Sites and Records). 3. Best Management Practices (BMP) shall be used to avoid siltation and sedimentation of shoreline areas, shorelands, State waters or Ennis Creek; a. All expos~ soils shall be stabilized and surrounded with straw bales or silt fencing. b. Area where barge unloading takes place shall be protected so that soils do not enter waters along the shoreline. c. If soil is transported by barge, the barge shall be equipped with straw bales to surround the loaded soil to ensure that no soils are allowed to enter the water. d. Adequate measures shall be taken so that no soil is tracked onto City streets from the Rayonier site. e. The site shall be stabilized after soil placement by hydro-seeding or planting. 4. No soil shall be placed waterward of existing berms adjacent to Ennis Creek and adequate erosion and sedimentation controls shall be in place to prevent soil from entering the creek and the harbor. 5. If any shoreline restoration is to take place, only native plant materials shall be used. Hydroseeding may be used for erosion control. 6. There shall be no release of oil, chemicals, or hazardous materials onto the land or into the water. . . . Planning Commission Minutes June 25,2003 Page 4 7. 8. The proposed activity shall minimize negative impacts to the shoreline trail. No imported materials shall contain any dangerous waste, demolition waste, industrial solid waste, putrescible waste, septage or sewer sludge. 9. The applicant shall ensure that noise levels do not exceed those stated in WAC 173-60 between the hours of 10:00 P.M. and 7:00 A.M. Concrete crushing shall take place only during regular daytime work hours, and noise from backup warning devises on trucks shall be il1<tcti vated minimized during nighttime operation. 10. All activities on site shall comply with the provisions ofthe Port Angeles Shoreline Master Program and the Washington State Shoreline Management Act. 11. No broken concrete, steel, or re-bar shall be placed over the City's sewer force main or industrial water main. The applicant shall minimize soil placement depth over sewer force main and industrial water line. 12. The activities under this shoreline permit shall conform to all conditions placed on the site by the State Department of Ecology through the MTCA clean-up agreed orders. 13. Placement of soil shall be considered a temporary stockpiling until site cleanup activity is completed to the satisfaction of both the Lower Elwha Klallam Tribe and Department of Ecology. Rayonier shall assume sole responsibility for mitigating impacts ofthe stockpiling and relocating the soil if deemed necessary by the LEKT or DOE. Findings: Based on the information provided in the June 25,2003, Staff Report for SMA 03-02 (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 Rayonier, on March 14,2003 for the removal and crushing of concrete building foundations and the placement of soil from the proposed graving dock on the Rayonier mill site located at 700 N. Ennis Street. 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on June 9, 2003. 3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 4. The site is designated Open Space and Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban-Harbor and Aquatic Harbor in the City's Shoreline Master Program. Planning Commission Minutes June 25, 2003 Page 5 . 5. Chapter 7 of the City's Shoreline Master Program indicates shoreline modifications, including landfill, are permitted uses in the U-H designation. 6. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policy A-2; the City's Shoreline Master Program's Urban-Harbor and Aquatic Harbor designations and Chapter 4, Policies B-1 and 2, D-l, E-2, H, 1-4, J-2, M-l and 2, and N-2, Chapter 5, Policies 0-1 and 5, and Chapter 6, Policies E-2, and Chapter 7, Section B, Policy 1, Regulation 5, 8; Section D, Policies l.c.ii, 2, 5, Regulations 2, 4; Section I, Dredge Material Disposal, Regulation 1, 7, 8; Section J Landfill Policy 3,4, 6, Regulations, Design and Construction 2,3,4. 7. The City's waterfront trail TUns east and west along the length of the project site and is located to the south of the proposed landfill soil placement area. 8. The Rayonier mill site is undergoing a remedial investigation and feasibility study for clean- up under the Washington State Model Toxic Control Act. 9. An estimated 140.000 to 165.000 cubic yards of material is proposed to be brought onto the site. Conclusions: . Based on the information provided in the June 25,2003, Staff Report for SMA 03-02 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project, as conditioned, is consistent with the City Comprehensive Plan and the Shoreline Master Program. B. The project will not be detrimental to the shoreline and will provide clean cover for remediating the Rayonier site, which is under a cleanup order by the Department of Ecology. C. As conditioned, the proposed project will not interfere with public use of lands or waters. D. The project is within the scope ofthe Washington State Model Toxics Control Act. The motion was seconded by Commissioner Schramm and passed 4 -0. COMMUNICA TIONS FROM THE PUBLIC None. . . . . Planning Commission Minutes June 25,2003 Page 6 STAFF REPORTS Staffhanded out a revised schedule of long range planning items. Staff also handed out a definition of the term "quasi-public" that had previously been requested by Planning Commission members. Following a brief discussion, Commission members decided to cancel the regular meeting scheduled for July 9, 2003. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 8:20 p.m. ~~ B d Collms, Secretary ~~'(;JF- Li . a Nutter, Ch r PREPARED BY: S. Johns CITY OF ~ORTANGELES ~ '/-' WAS H I N G TON, U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: :3 PLEASE NOTE: IF you plan to testify, by signature below, u certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify - it only acknowledges your presence. 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