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HomeMy WebLinkAboutMinutes 08/09/2006 F, ,,0' :R; ,;1' ').;./ NG' ,E'L' ES ~ ~ P,./ ' !......: ~ 1~,. > , WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street August 9,2006 6 p.m. I. CALL TO ORDER Pledge of Allegiance II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of July 12, 2006 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT SMA 06-04. SEABREEZE: Installation of an underground/underwater electric transmission cable using horizontal directional drilling and underwater cable burial equipment. . 2. AMENDMENT TO CONDITIONAL USE PERMIT CUP 75(2)1. OL YMIC VISTAS. INC.: Request to amend a conditional use permit which permitted the development of a 10 unit apartment in the RS-7 Residential Single Family zone on a 2+ acre building site. The amendment proposes to allow independent development on the undeveloped lots within the building site area. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Chene Kldd (ChaIr), Dave Johnson (VIce Chair), KevIn Snyder, John Matthews, Stanley Hams, Werner BeIer PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Planmng Manager, Nathan West, Pnnclpal Planner, Scott Johns, Associate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 9, 2006 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Cherie Kidd, John Matthews, and Stan Harris Members Excused: Kevin Snyder, Werner Beier, Doc Reiss Staff Present: Scott Johns and Nathan West Public Present: Paul Lamoureux, Mike Wise, Jim Thornton, Lee Shamos, Mark A. Dawber, Nik and Judy Dolmatoff APPROVAL OF MINUTES The approval of the July 12, 2006. regular meeting minutes was continued to the next regular meeting of the Planning Commission due to a lack of quorum of those represented at the July 12 2006, meeting. Associate Planner Scott Johns indicated that due to an error with the public notice process, item #2 on the agenda would have to be removed from the agenda and heard on August 16, 2006, as advertised. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT SMA 06-04. SEA BREEZE: Installation of an underground/underwater electric transmission cable using horizontal directional drilling and underwater cable burial equipment. Associate Planner Johns reminded the Commission and the audience that this project is multi-faceted and very involved, but that the Commission will only be considering impacts in the shoreline jurisdiction. Planner Johns then presented the staffs report recommending that the Commission submit a recommendation of approval to the Department of Ecology for the Shoreline Substantial Development Conditional Use Permit. Upon completion of the staff report, Planner Johns presented additional visual information about the project route through the city, harbor, and Strait of Juan de Fuca. Chair Kidd 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. Mike Wise, 333 Seymour, Vancouver B.C. representing Sea Breeze, stated that he had reviewed the staff report and is in agreement with staff. He then presented slides detailing the underwater equipment that would be used in the installation of the cable. Chair Kidd asked what the benefit to the City of Port Angeles will be from having the transmission line installed. . . . Planmng CommISSIOn Mznutes August 9, 2006 Page 2 Mr. Wise indicated that an additional source of clean, renewable power for the entire peninsula would be provided and an increase in the tax base from the location of the converter station becoming privately owned would be two of the major benefits. Lee Shamos, 1312 E. 6th Street, Port Angeles, asked if Mr. Wise would describe the width, depth, and expected time involved in the trenching of the Liberty Street portion of the project. Even though the question is not pertinent to the Shoreline Permit, staff encouraged Mr. Wise to answer the question. Mr. Wise responded that the trenching will be typically 4 feet in depth and width. The trench will carry two cables each approximately 4 inches in diameter and be backfilled this a concrete mix intended to protect the cables from damage. The street will be repaved across the entire width once the trench is backfilled. The trenching operation in Liberty Street will follow standards set by the City of Port Angeles. Mr. Wise also indicated that the system is designed to automatically shut down and transfer the electric energy into the cable insulation in the case of damage to the cables to prevent personal injury or damage to surrounding structures. Paul Lamoureux, 602 Whidbey, Port Angeles, restated the earlier question of what is the benefit to Port Angeles from this project and also asked if Sea Breeze will be seeking interjurisdictional cooperation and collaboration with other entities such as the Public Utility District and Bonneville Power Administration. Mr. Wise reiterated that increased property taxes, alternative power availability, and being a good corporate citizen were among the benefits to Port Angeles. He also indicated that Sea Breeze would seek collaboration and cooperation from all agencies and governments that they can. There being no further comments, Chair Kidd closed the public hearing. Commissioner Harris moved to recommend approval SMA 06-04 with the following conditions, findings, and conclusions. Conditions 1. If the subject upland portion of the 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 ofthe 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 is responsible for obtaining all required local, county, state, and federal permits prior to starting work. All conditions placed on the work by permitting agencies shall be observed throughout the entire activity. 3. The applicant shall ensure that all best management practices and mitigation procedures described in the Environmental Report submitted on May 22, 2006, shall be observed and employed throughout the duration of the project. . . . Planmng CommISSIOn Mznutes August 9, 2006 Page 3 4. The applicant shall contact the City of Port Angeles Public Works and Utilities Department to coordinate drill routes to avoid conflicts with the anticipated City sewer project proposed for a nearby location. Findings 1. An application for a shoreline substantial development conditional use permit was submitted to the City of Port Angeles, W A on May 22,2006, for the construction of a buried electric supply cable extending from Victoria, B.C. to the BP A substation located at Park Avenue and Porter Streets in Port Angeles. The application indicates that the work will occur underground (below) the shoreline jurisdiction and will include the use of horizontal directional drilling (HDD) and underwater trenching techniques. That portion of the project affecting the shoreline jurisdiction will end at the intersection of Liberty Street and Caroline Street. The project will include two separate operations within the shoreline jurisdiction. The first will consist of drilling a tunnel from the uplands above the marine bluffto a point in the Port Angeles Harbor. A cable will be pulled back through the tunnel. From that point, the cable will be laid below the sea bottom using an underwater cable laying plow. 2. In accordance with the Shoreline Management Act and WAC 173-27-160, a shoreline conditional use permit may be granted only when the development proposed is consistent with the policies and procedures of the Shoreline Management Act, WAC 173-27, and the local Shoreline Master Program. 3. A conditional use may be granted if all of the specified criteria can be met, as well as consideration of the cumulative effects of such requests has been made. These include assurances related to the proposed project that: 1) applicable policies are maintained; 2) public use ofthe shoreline is not impacted; 3) compatibility with adjacent uses can be made; 4) no significant adverse effects to the shoreline will result; and 5) that the public interest is maintained. 4. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on July 14, 2006. This satisfies the City's responsibility under the State Environmental Policy Act (SEP A). A variance (V AR 06-01) from the requirements of City of Port Angeles' noise ordinance was issued by the Board of Adjustment on July 10,2006, for 23 days/nights of continuous horizontal directional drilling. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. The site is designated Open Space (OS) and Industrial (1) in the City's Comprehensive Plan, Residential Single Family (RS-7), Public Buildings and Parks (PBP), Industrial Light (IL), and Industrial Heavy (IH), on the zoning map, and Urban-Harbor, Aquatic Harbor, and Aquatic Conservancy in the City's Shoreline Master Program. Chapter 5 of the City's Shoreline Master Program indicates that utilities are permitted uses in the U-H designation but are conditional uses in the A-H and A-C designated areas. Chapter 6, I, Regulation 4, specifies that non-water dependent utilities including electrical lines require a shoreline conditional use permit. 5. 6. 7. 8. . . . Planmng CommiSSIOn Mmutes August 9, 2006 Page 4 The following adopted City policies are most relevant to the proposed project: The Shoreline Master Program's Urban-Harbor and Aquatic-Harbor designations and Chapter 4, Policies B-1 and 2, D-I, E-l and 2, H-2, G-l and 4-9, 11-4, N-l and 2, and 0-2, Chapter 5, Policies D-l and 5, F-5 and 7, and Chapter 6, Policies 1-1 and 3-5. The City's waterfront trail runs east and west and crosses over the area of the horizontal directional drilling. The application states that care will be taken to avoid conflict with established uses along the shoreline in the area of the drilling activity. Conclusions 9. 10. 1. The proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program, and is not in conflict with the City's Zoning regulations. 2. As conditioned, the project will not be detrimental to the shoreline or existing uses. 3. As conditioned, the proposal complies with the criteria for a shoreline conditional use permit as defined in WAC 173.27.160 4. As conditioned, the proposed project will not interfere with public use of shorelands or waters and will provide a needed alternative energy source. The motion was seconded by Commissioner Johnson and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Principle Planner Nathan West introduced the Planning Department's summer intern Laura KawaI. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT at 7:15 p.m. PREPARED BY: S. Johns 120RTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENl)ANCE ROSTli,R AND TESTIl\10NY SIGN-UP SHEET PLEASE SIGN IN Meetrng Agenda of: /JuCt uS, q ) ;;)Dab To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. lf 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. Agenda Item No. ~ C: \MyFiles\FORMS\Mtgrostpc. wpd