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Home My WebLink AboutMinutes 07/23/2008 ~' 101' RJT' ~N;"Gr 'E'LE'Si ,~ ," J ~ I: ,I ~ I' y f,' f J I 0" I V WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 23, 2008 6 p.m. I. CALL TO ORDER Pledge Of Allegiance Led by the Chair II. III. IV. . V. VI. VII. VIII. . ROLL CALL APPROVAL OF MINUTES: Regular meeting of June 25, 2008 PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 08-01 PORT OF PORT ANGELES, 1300 Block of Marine Drive: Reconstruction of an access road along the waterfront connecting Terminals 5 and 7 in the IH, Industrial Heavy zone. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT PLANNING COMMISSIONERS John Matthews (Chair), Doc ReiSS (Vice Chair), Werner Beier, Mike CaudIll, John Smith, Tim Boyle, one vacancy PLANNING STAFF Nathan West, Deputy Director, Sue Roberds, Planmng Manager, Scott Johns, ASSOCiate Planner, Dan Blalzlk, ASSistant Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 23, 2008 6:00 p.m. ROLL CALL Members Present: John Matthews, Werner Beier, Mike Caudill, John Smith, Tim Boyle Members Excused: Dave Johnson, Doc Reiss, Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood Public Present: David Hagiwara, Michael Booth, Kate Waddell, Bill Payton APPROVAL OF MINUTES Commissioner Boyle moved to approve the minutes of June 25, 2008. The motion was seconded by Commissioner Beier and passed 5 - O. PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 08-01 PORT OF PORT ANGELES, 1300 Block of Marine Drive: Reconstruction of an access road along the waterfront connecting Terminals 5 and 7 in the IH, Industrial Heavy zone. Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Associate Planner Scott Johns re.viewed the Departmental Report and responded to brief questions regarding the proposal in relationship to previous development of the site by the Washington State Department of Transportation as a graving dock. Chair Matthews opened the public hearing. David Hagiwara, P.O. Box 1350, Port Angeles, WA was present representing the applicant, the Port of Port Angeles. He provided a display of the proposed construction site area and agreed with staff that the grading activity will result in the construction of an access roadway between Terminals 5 and 7 for Port use. There being no further testimony, Chair Matthews closed the public hearing. Chair Matthews proceeded to read the qualifying questions required prior to action by the Commission with regard to the public hearing. All Commissioners responded in the negative when questioned as to their ability to act on the issue WIthout prejudIce. Plannmg CommiSSIOn Mmutes July 23. 2008 Page 2 . Commissioner Beier moved to approve the shoreline substantial development permit with the following conditions, citing the following findings and conclusions: Conditions . 1. The subj ect site shall be inventoried, evaluated, and reviewed to the satisfaction of a cultural review team, which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, a representative of the site owner, and the Port Angeles Department of Community and Economic Development. This team, in consultation with the DAHP, shall determine the extent of additional archaeological studies that may include ground disturbance monitoring for the project and/or application for an excavation permit during this permit review process. Any reports generated under this conditions shall be submitted to the City. 2. In the event archaeological artifacts, features or human remains are discovered on the property, the permittee will immediately notify the City of Port Angeles Archaeologist at (360) 417-4704, as well as the Lower Elwha Klallam Tribal Archaeologist. The City, in turn will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27.44 and 27.53. 3. The applicant shall be responsible for obtaining all required permits from all state and federal agencies with jurisdiction prior to commencing work. 4. The applicant shall obtain a National Pollution Discharge Elimination System (NPDES) construction permit from the Washington State Department of Ecology prior to beginning any grading or filling activity. 5. Mitigation measures implemented as a condition of SMA 03-01 shall remain in effect. 6. This permit allows only the specific work described. Any future activities on the site within the shoreline jurisdiction shall require separate permitting. Findin2:s . Based on the information provided in the July 23,2008 Staff Report for SMA 08-01 includmg 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 substantial development permit was submitted by the Port of Port Angeles, on June 13,2008, for the grading and filling of an area adjacent to the Port Angeles Harbor shoreline to connect two existing log storage areas for more efficient equipment and movement of material between Terminals 5 and 7. 2. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on June 15,2007. 3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Areas Ordinances have been reviewed with respect to this application. . . Planmng CommISSIOn Minutes July 23, 2008 Page 3 The site is designated Industrial (I) in the City's Comprehensive Plan, Industrial Heavy (IH) in the City's Zoning Ordinance, and Urban-Harbor (U-H) in the City's Shoreline Master Program. Chapter 5 of the City's Shoreline Master Program indicates water oriented industries are permitted uses in the U-H designation. No change to the existing shoreline structure is proposed by this proposal. The following adopted City Comprehensive Plan policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, H-4; the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, C- 1 and 2, D-1 and 5 through 10, K-1 through 3, and 0-1 and 2, Chapter 5, Management Policies 1,3,5 and 8, and Chapter 6, Policies E-1, 2,5 and 6, and all associated regulations. 8. The City's waterfront trail runs east and west along Marine Drive near the proposed project. Although the trail crosses the access roads to the log storage areas, the project will not affect the current trail configuration or use. 4. 5. 6. 7. 9. The August 14,2006, settlement agreement between the State, City, Port, and LEKT supports the need for cultural resource review and oversight during earth disturbing activity on the site. 10. The City sent a request for comment to the United States Army Corp of Engineers, the Washington State Department of Ecology, SEPA Division, Department ofFish and Wildlife, and the Department of Archaeology and Historic Preservation of June 20, 2008. Per the August 14,2006, agreement between the State, City, Port, and LEKT, copies were sent to the three designated contact persons of the LEKT for comment. The site adjoins a known state registered archaeological site. Comments from the Lower Elwha Klallam Tribe were received on July 14, 2008, supporting the City's decision to require a cultural resource survey ofthe project area, and monitoring during the ground disturbing activities. Comments from the Washington State Department ofFish and Wildlife received on July 102008, state that a Hydraulic Project Approval will not be required for this project. Comments from the Washington State Department of Archaeology and Historic preservation were received by the Port Angeles Department of Community and Economic Development on June 27,2008. 11. 12. 13. 14. Conclusions: Based on the information provided in the July 23,2008, Staff Report for SMA 08-01 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's Shoreline Master Program, Comprehensive Plan, and Zoning Code. . . . Plannmg CommiSSIOn Mmutes July 23, 2008 Page 4 The project will not be detrimental to the shoreline as it currently exists. As conditioned, the proposal meets the criteria for a shoreline substantial development permit per Section 15.08 PAMC and WAC 173-27. D. As conditioned, the proposal will mitigate all adverse impacts to potential cultural resources on the site. B. C. E. As conditioned, the project will not interfere with the public's use of public lands or waters. The motion was seconded by Commissioner Caudill and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None ST AFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Smith asked if the public hearing qualifying questions could be condensed such that each question does not have to be read separately. Attorney Greenwood responded that it is preferred that they be read individually for certainty. ADJOURNMENT The meeting adjourned at 7:25p.m. /' PREPARED BY: S. Roberds · ~ORTANGELES WAS H I N G TON, U. 5 A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: 1/2,3 loA I I To help us provide an accurate record of those in attendance, please sign in. If you plan to testify, by your signature below, you 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. NAME: ADDRESS: Agenda Item No. 1).4 V ~ /) )/;;6; ; t(/ n-tl4 P () . gvy 13S-o ~, 4? e: L b..(" I}I] (CI-f-fteL ~ 'Z'ioJ- C:oe-6!f ~~-71P~ /-:rr W~fV7-L -v ?~ d .A,r) rr< III s 'Pa+8 DDG{ S'I I -, 131l- L- 'PAy-fC:>N 11 \ , - - - C \MyFiles\FORMS\Mtgrostpc. wpd