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HomeMy WebLinkAboutMinutes 10/14/2009W A S H I N G T O N U S A COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street October 14, 2009 6 p.m. I. CALL TO ORDER Pledge of Allegiance Led by the Chair 11. ROLL CALL III. APPROVAL OF MINUTES: Regular meetings of September 9 and 23, 2009 IV. PUBLIC HEARING: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03 CITY OF PORT ANGELES, 1400 Ediz Hook: Proposal to establish a marine park in the PBP Public Buildings and Parks and II -1 Industrial Heavy zone. (Public hearing continued from September 23, 2009 2. STREET VACATION STV 09 -02 PENINSULA COLLEGE Portion of Park Avenue east of Liberty Street: Request for vacation of right of way (Applicant has asked that this item be continued to November 10 V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS Set meeting for November (10 VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS, Doc Reiss (Chair); John Matthews (Vice Chair); Werner Beier; Mike Caudill; Tim Boyle, Carla Sue, Nancy Powers PLANNING STAFF Nathan West, Director, Sue Roberds. Planning Manager Scott Johns, Associate Planner, Roberta Korcz Assistant Planner ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 14, 2009 6:00 p.m. Members Present: Mike Caudill. Nancy Powers, Carla Sue, Tim Boyle, John Matthews (arrived 6 15 p.m.) Members Excused. Werner Beier, Doc Reiss Staff Present: Scott Johns, Sue Roberds, Nathan West, Heidi Greenwood, Richard Bonine Public Present: Cathy Lucero, Mike Kessl, Bill Roberds In the absence of Chair Reiss and Vice Chair Matthews (who arrived at 615 p.m.), Commissioners present appointed Commissioner Boyle as Chair Pro Tem. The Pro Tem Chair opened the meeting at 6 10 p.m. and led the salute to the flag. APPROVAL OF MINUTES Commissioner Powers moved to approve the September 9, 2009, regular meeting minutes with corrections previously noted, to include Commissioner Boyle as being in attendance, and to correct the name of the applicant in Finding #1 as Intellicheck Mobilisa. Commissioner Sue seconded the motion, that passed 4 0. The September 23, 2009, regular meeting minutes were continued to the October 28, 2009, regular meeting. There was not a quorum of those present for review of those minutes. (Vice Chair Matthews arrived and assumed the Chair PUBLIC HEARINGS: Vice Chair Matthews reviewed the quasi Judicial public hearing guidelines and qualifying statements. Following review of the questions, all Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03 CITY OF PORT ANGELES, 1400 Ediz Hook. Proposal to establish a marine park in the PBP Public Buildings and Parks and IH Industrial Heavy zone. (Public hearing continued from September 23, 2009 Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with conditions. Mr Johns responded to questions from Commissioners that the park area would not officially be designated as a marine sanctuary, but it would be designated as a "no fishing" location. Parking would be no less than eight spaces Planning Commission Minutes October /4, 2009 Page 2 In response to Commissioner Boyle, Mr Johns responded that the City's local permitting review is the first step in the ladder of permitting for this proposal. Permit conditions require successful negotiation through State and Federal permitting authorities. There being no further questions from the Commission, Vice Chair Matthews opened the public hearing. Richard Bonine, City of Port Angeles Deputy Director of Parks and Recreation represented the application and stated that the City's Parks and Recreation Commission supports the project. He noted that the City is relying on local recreational marine park proponents to provide information on the proposed development, and that representatives were present to speak to that development. Bill Roberds, 54 West Misty Lane, Port Angeles thanked the Commission for the opportunity to speak in favor of the application. Prior to September 11, 2001, areas along Ediz Hook were open to the dive community that are now closed to public use due to the proximity of the U.S C.G. base. The project area is barren of marine life due to its use as a log dump. The proposal will allow the creation of areas where marine habitat can establish similar to other areas in the Harbor Wherever there is an ability to live, there will be marine life. That opportunity doesn't exist in the project area due to wood waste from 3' to 6' in depth. A marine park will provide an opportunity for divers to enjoy the area and its marine life once more while providing a much needed habitat. Park development will also provide an educational opportunity to view the establishing marine environment thus providing a desirable recreational and marine enhancement project as well as become a viable economic engine for marine tourism. While Port Angeles is a waterfront community, its shoreline use in this area has not been developed. In response to a question from Commissioner Boyle, Mr Roberds responded that it isn't just wood chips that cover the site floor, but silt. Runoff from the many creeks that flow into Port Angeles Harbor, and stormwater, carries silt into the Harbor and deposits that silt over the human placed wood waste debris. The subject area is one where water movement loses its velocity and silt naturally settles. To clean the area of the wood waste debris would be an unattainable resolution given the cost. The area is steadily settling and compressing such that a substrate constructed of rock will provide a support for marine life to latch onto and create an acceptable habitat. Scientists from Battelle Laboratories believe that some day someone may dig into the floor and find a layer of compressed wood waste with marine life above. In response to Commissioner Matthews, Mr Roberds answered that the proponents would love to sink a ship but, although the practice is widely used in Canada and supported by the Federal government, primarily in other parts of the United States, the State of Washington is not in favor of vessels being used as artificial reefs. Park proponents have created a design that includes an area where, if that policy changes, a vessel could be sunk for reef use. Cathy Lucero, 509 East Lopez Avenue, Port Angeles also supported the proposal. She thanked Mr Bonine and the City's Parks and Recreation Commission in their support of the project. The project is a non polluting, non extractive, wonderful recreational and economic opportunity to enhance the marine environment while providing a recreational, educational, and economic Planning Commission Afnmles October 14, 2009 Page 3 opportunity for the City of Port Angeles. This will be a difficult project to see through to completion due to agendas from other state agencies. The center of the park area would accommodate a large vessel, if permitting agencies would accept such an action. The wood' chips are highly organic and are overwhelming the site. Thought has been given to removal of the wood chips but that would be horrifically expensive and highly disturbing to the site. So, the plan is to place a substrate and focus on marine life that is known to be in the area, like rock fish. Other areas in the Harbor, east and west of the proposed site, are alive with marine habitat but even in areas west of the site where logs have sunk, the logs are deteriorating. The Harbor is alive with marine life, but not in this area it is truly amazing. The proposal will result in enhancement of a specific habitat or creating new habitat that is not there since little is there now causing a net gain to the ecosystem while retaining human use and interaction with the environment. It is a tall order to wade through the permitting process. Ms. Lucero responded to Commissioner Boyle that the area is accessible to diving at this time, but there is nothing there. It's sad, and the site is just begging for help A dive was recently done with well known marine author Andy Lamb, from British Columbia, who was in the area to do a talk on kelp forests. He surveyed the site for the proponents, and noted that if a "small nuclear device in this area you couldn't make it any worse." However, there were small ling cod in the area that could have been drawn to the area permanently if a habitat were provided. There being no further testimony, Vice Chair closed the public hearing. Planner Johns asked to note for the record that the City has discussed a dive park as an economic tourism boost for some time. Commissioner Powers moved to approve the shoreline substantial development permit with the following conditions, supported by the following findings and conclusions: 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. 2. The proposed parking area shall be designed and constructed to meet Public Works and Utilities Department standards. 3 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 4 The applicant shall obtain appropriate approval and permission from State Fish and Wildlife or other appropriate agencies with jurisdiction to secure the area as a no fish zone. Findings Planning Commission Minutes October 14, 2009 Page 4 Based on the information provided in the October 14, 2009, Staff Report for SMA 09 -03 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 City of Port Angeles, Public Works and Utilities Department, on August 10, 2009, for the placement of rock and concrete structures in waters of the Port Angeles Harbor for the reason of creating a marine park to be used for underwater recreation in waters off of Ediz Hook. The application indicates that additional work will occur on the adjacent uplands to improve up to 12 parking spaces. 2. A Mitigated Determination of Non Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on October 12, 2009 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 both Open Space and Industrial in the City's Comprehensive Plan, Public Buildings and Parks and Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor and Aquatic Harbor in the City's Shoreline Master Program. 5 Chapter 5 of the City's Shoreline Master Program indicates water- dependent recreation uses are permitted uses in the A -H designation and water- dependent, water related, and water enjoyment recreational uses are permitted in the U -I-I designation. A marine park is a water- dependent use and upland access and parking for a marine park are therefore water related 6. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2, and Goal K, Conservation Element Goal A and Policy A -1, Goal B, and Policies B -1, B -2, B -9; Goal D, and Policies D -1, D -2, D -3, and D -4, Economic Development Element Policy C -2; Parks and Recreation Policies A -1, and B -1, and the City's Shoreline Master Program's Urban Harbor and Aquatic Harbor designations and Chapter 3, Goal A -1, 3, 7, 9, 11, Goal B- 1 3, 4, 5,Goal D -1, 2, 3, 4, 8, 10, 11, Goal E -1, 2, 3, Goal F 2, 3, Goal G- 4, Chapter 4 Policies B -2, D -1, G -1, 3, 4, 5, 7, 8, I -1 through 4, J -1 through 3, K -1 through 7, L -1 through 6, Chapter 6, Policies F -1 through 5, and all associated regulations. 7 The City's waterfront trail runs east and west along the length of the project. The trail follows the street shoulder area without formal improvements or marking other than the painted fog line. 8 Parking currently occurs at the site, which is used informally as a view point by individuals and by divers seeking underwater recreational opportunity No formal improvements for recreational use currently are in place. 9 The proposed upland portion of the project would improve public access at the site by better organizing the existing informal parking use, by better separation of the Waterfront trail from the parking area, and by the placement of trees to screen the parking from other uses in the area. Manning Commission Minutes October 14, 2009 Page 5 Conclusions Based on the information provided in the October 14, 2009, Staff Report for SMA 09 -03 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 Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance the shoreline environment along Ediz Hook. D As conditioned, the proposed project will not interfere with public use of lands or waters and will enhance the public use experience at the site. Commissioner Boyle seconded the motion that passed 5 0. STREET VACATION STV 09 -02 PENINSULA COLLEGE Portion of Park Avenue east of Liberty Street: Request for vacation of right of way (Applicant has asked that this item be continued to November 10 Associate Planner Scott Johns noted that the petitioner asked that the item be continued to enable further discussion with staff. Vice Chair Matthews opened the public hearing. Commissioner Caudill moved to continue the public hearing to November 10, 2009, 6 p.m. The motion was seconded by Commissioner Boyle and passed 5 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West noted that the dive park is very important to the City from an economic development perspective. The City, through the City Manager, has stated the City's commitment to following through on the regulatory requirements that are required and intends to be a partner in numerous meetings that are scheduled with legislators and others to ensure its success. Staff noted that the next regularly scheduled meeting date is November 11, which is a holiday The Planning Commission agreed that a special meeting should be set for November 10 in order to conduct regular business due to the November 11 holiday Planner Johns provided a questionnaire that was presented to the public on October 13, 2009, at a community meeting conducted as a follow up to the American Institute of Architects (AIA) team visit to Port Angeles and their recommendations this past spring. Survey results will be tabulated after the deadline for returns that is October 16 He encouraged Commissioners to respond, Planning Commission Minutes October 14, 2009 Page 6 either in hard copy or on line. The survey is available on the City's web site. He encouraged Commissioners to also let friends know of the survey availability. The survey is meant to prioritize certain issues to include in City planning documents. Director West thanked Commissioners for their support in the AIA effort. He noted that a number of items have been implemented as a result of the review process. The City is implementing a facade improvement program that provides a match up to a $10,000 for facade improvements and a sign improvement program providing a match of up to $1,000 for sign improvements on arterial commercial rights of way and in the Downtown. The programs are intended to provide incentives for improvement to attain the visual characteristics that present a more attractive community. Director West reported that the City Council approved both the Maloney Heights Infill Overlay Zone and Laurel Heights Subdivision with no changes made from the Planning Commission's recommendations. REPORTS OF COMMISSION MEMBERS Commissioner Sue noted that she would not be present for the October 28 regular meeting. ADJOURNMENT The meeting adjourned at 7:30 p.m. Nathan West, Secretary John Matthews, Vice Chair PRINT NAME ADDRESS AGENDA ITEM I res( Lint() e41 c�/ El l l- s Ls Nis PORTANGELES WASHINGTON, U S A. PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do 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 MEETING DATE tS—e 02 QO