HomeMy WebLinkAboutMinutes 08/24/2011ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 24, 2011
6:00 p.m.
Members Present: Nancy Powers, Amanda Anderson, David Miller, John
Matthews, Tim Boyle Sissi Bruch,
Members Excused. Doc Reiss
Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Samuel Bradbury, Jesse Waknitz, Traci Nelson
PLEDGE OF ALLEGIANCE
Vice Chair Matthews opened the regular meeting at 6 p.m. and led the Pledge of
Allegiance
APPROVAL OF MINUTES
Commissioner Bruch moved to approve the August 10, 2011, regular meeting
minutes. The motion was seconded by Commissioner Anderson and passed 4 1 with
David Miller abstaining due to absence from the meeting.
PUBLIC HEARINGS:
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -08
PORT OF PORT ANGELES, Maritime Services 937 Boat Haven Drive:
Proposal to develop a maritime security support use on the shoreline within the Port
Angeles Boat Haven.
Associate Planner Scott Johns reviewed the staff report recommending approval of the
shoreline substantial development permit with conditions. Mr Johns responded to questions
from Commissioners regarding the proposed use. In response to questions from Commissioner
Bruch, Mr Johns responded that the site is zoned Industrial Heavy and that staff is
recommending shore pine be used for landscape screening in the shoreline environment along
the shoreline portion of the site. There is no distinction in Code as to what is to be screened and
there does not appear to be a need to screen the use from the interior of the site as it is largely
developed with asphalt as a driveway to the main Port office in the area and other dry dock
functions which are adjacent to the subject area. The landscaping condition is intended to buffer
the storage structures and office use from the water
Commissioner Bruch suggested that as much landscaping as is feasible be placed along
the south side of the subject area to buffer view of the storage structures from other recreational
uses in the area and from pedestrians using the Waterfront Trail. Anything that can be done to
upgrade the atmosphere in the area should be done.
Plann,ng Coamuss,on Minutes
August 24, 2011
Page 2
Commissioner Miller agreed that attractive fencing would be an improvement as well as
landscaping but noted that trees along the inside of the jetty would likely not be a good idea
because they would eventually block the view of the jetty area from marina users who need to be
aware of activities in the area. Trees could be a distraction.
In response to Commissioner Matthews, Mr Johns responded that all of finger pier A/B
would be used by maritime security personnel and would be gated such that it would be
unavailable for public use.
Vice Chair Matthews 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. He then reviewed the quasi judicial public hearing
procedures for audience members. No issues were noted. Vice Chair Matthews opened the
public hearing.
Jesse Waknitz, Environmental Technician, Port of Port Angeles responded to
Commissioner Powell that the vessels docked on finger pier A/B will be between 60 65 feet in
length. Mr. Waknitz indicated that landscaping along the south side of the subject area is a
possibility
In response to Commissioner Miller, Mr Waknitz assured Commissioner Miller that use
of the finger pier would not conflict with the dry dock function in that same area of the marina as
the pier is approximately 700' in length and the lease area is approximately 550' to 600'
Commissioner Bruch questioned Mr. Waknitz regarding the fencing proposed for the
upland use and strongly suggested that the Port consider augmenting its proposal to include
additional screening of the storage container /office use area. Mr Waknitz understood the
direction being given.
There was discussion regarding the term of the Port's lease with the Navy in this matter
and it was determined that although the Port would prefer a long term lease, it does not control
the Navy's plans. Things may change.
There being no further discussion, Vice Chair Matthews closed the public. hearing.
Commissioners continued to discuss the need to screen non recreational uses in the
marina area from view and that the marina needs landscaping. Commissioner Miller moved to
approve the shoreline substantial development permit citing the following conditions,
findings, and conclusions with Condition #6 added due to discussion during the public
hearing process as well as revision to Finding 10•
Conditions
1 The applicant is responsible for obtaining all necessary permits from local, state and
federal agencies. Verification of permit issuance shall be supplied to the city prior to
beginning any site alteration or construction.
The applicant shall remove unused items from the subject location including empty
barrels, the truck trailer box, abandoned lumber, and equipment from the jetty and store
or dispose of those items in an appropriate location outside of the shoreline jurisdiction.
3 The structures to be placed on the jetty shall be no closer than 10 feet from the Ordinary
High Water Mark (OHWM).
4 An area six (6) feet wide beginning at the west end of the subject building extending 90
feet to the east shall be landscaped to screen views of the new structures shall be located
between the Strait of Juan de Fuca and the structures. The landscaped area shall be
Planning Cotnnusston Minutes
August 24, 2011
Page 3
planted with native shore pine trees (or other tree approved by the city) and shall include
native beach environment plants. No fewer than five (5) trees shall be planted and the
trees shall be placed no more than 25 feet on centers. Trees shall be a minimum of 4 feet
in height when planted. Generally acceptable planting practices shall be utilized to
ensure long term plant survivability
5 If any items suspected to be historical or archaeological in nature are observed during any
phase of construction, the activity must stop and the City Archaeologist must be
contacted for further direction before ground disturbing work resumes. The City
Archaeologist may conduct a site visit to inspect the ground disturbing actions.
6. A fence shall be constructed to screen the container structure that includes landscaping to
complement the view
Findings
Based on the information provided in the August 24, 2011 Staff Report for SMA 11 -08
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 the Port of Port Angeles, on July
8, 2011 The proposal is for modifications to the Boat Haven Marina to fill the needs of
an independent private contractor who will be taking a security escort support roll for the
U S. Navy operating in the Strait of Juan de Fuca. The modifications include the
addition of support structures, remodel of an existing building, security fencing,
reorganized parking, and connection to utilities located on the east jetty area of the Boat
Haven Marina. A security gate is also proposed for the A/B float where moorage will be
leased for up to six patrol type boats. The A/B float is located at the most southeast
section of the marina. The Port of Port Angeles is the property owner
2. A parking area for six vehicles will be developed and the portion of the site being
developed will be enclosed with a security fence. Best management practices will be
incorporated to address potential erosion and water quality impacts from the construction.
3 A Determination of Non Significance was issued by the Port of Port Angeles SEPA
Responsible Official for the proposal on June 30, 2011
4 The Port Angeles Shoreline Master Program, Comprehensive Plan Land Use Map,
Zoning Ordinance and critical areas ordinances have been reviewed with respect to this
application. This review acts as the floodplain review for this project.
5 The site is designated Industrial on the City's Comprehensive Plan Land Use Map,
Industrial Heavy (IH) on the City's Zoning Map, and Urban Harbor in the City's
Shoreline Master Program.
6. Shipping containers used for storage purposes are listed as a permitted use in the
Industrial Heavy zone.
7 The Shoreline Master Program indicates that no shoreline setback is required for non-
residential water- dependent buildings. A 10 -foot setback is required for non residential
water- related /water enjoyment structures, however.
Planning Commission Minutes
August 2J. 2011
Page 4
8. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policies A -2, and Economic Development
Element Policy A -14, the City's Shoreline Master Program's Urban- Harbor designation
and Chapter 4, Policies B -1 and 2, D -1, I -1 through 3, J -1 through 3, and K -1 &2, Chapter
5, Policies D -1, 3, 4, 5, and 10, and Chapter 6, Policies B -3, E -1 through 3, and all
associated regulations.
9 The City Archaeologist has reviewed the construction plans and determined that the
permitted ground disturbing project is located in an area of fill and previous disturbance.
Since the project is unlikely to encounter archaeological resources given its separation
from soils designated with medium or high archaeological probability an on -site
archaeological monitor or additional archaeological investigation is not required. The
Lower Elwha Klallam Tribe Archaeologist was notified of the project and agreed that no
further review is needed.
10 The Boat Haven Marina supports a variety of recreational uses associated with boating.
No specific formal recreational facilities are located in the immediate vicinity of the
proposed project. The proposed project will not deteriorate or detract from existing
recreational uses or appearance in or around the marina, or hinder future uses.
11 Notice of the project was published in the Peninsula Daily News on July 18, 2011
Notice of the proposal was mailed to property owners within 300 feet of the project site
on July 14, 2011 The site was posted on July 14, 2011 No written comments were
received during the public comment period.
Conclusions
Based on the information provided in the August 24, 2011 Staff Report for SMA 11 -08 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 use as conditioned, is consistent with the City's Comprehensive Plan and Land Use
Map, Shoreline Master Program, and zoning ordinance.
B As conditioned, the project will enhance the shoreline environment along the Port
Angeles Harbor shoreline by the inclusion of riparian vegetation.
C. As conditioned, the proposed project will not interfere with public use of lands or waters
nor detract from future recreational use of shoreline areas and is therefore in the public
interest.
The motioned was seconded by Commissioner Powers and passed 6 0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Alnutes
August 24. 2011
Page 5
STAFF REPORTS
FACADE GRANT AWARDS Assistant Planner Roberta Korcz presented a brief
summary of the two facade grant awards remaining to be acted upon. Counhy Aire and the
Olympic Yoga Center Country Aire was granted a $10,000 award for entire frontage
improvements; Olympic Yoga Center $6,127.50 was granted monies for painting and an awning.
Award approvals are for a 6 month period.
Commissioner Powers moved to approve both of the facade awards as presented.
Commissioner Anderson seconded the motion that passed 6 0.
COMMUNICATIONS FROM THE PUBLIC Revisited
A member of the audience, Samuel Bradbury 511 E. 9 Street, Port Angeles, asked if he
could ask some questions regarding the Maritime Security use. He was not aware that he could
speak during the public hearing. He asked about the purview of the Planning Commission and
staff in general and how that authority extended to land use permits in general. He asked what
the Port of Port Angeles does and why they are proposing the use. Staff and Commission
members answered Mr Bradbury's questions and encouraged him to stop by the Department of
Community Economic Development any time he had questions regarding local government
functions.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7 15 p.m.
PREPARED BY S. Roberds
John Matthews, ice Chair