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HomeMy WebLinkAboutMinutes 12/11/2013 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 11, 2013 6:00 p.m. ROLL CALL Members Present: Doe Reiss, Thomas Davis (by phone), Tim Boyle, Duane Morris, Scott Headrick , George Reimlinger Members Excused: David Miller Staff Present: Sue Roberds, Scott Johns, Nathan West, Heidi Greenwood, Ben Braudrick Public Present: Ryan and Cynthia Malane, Kathryn Neal, Craig Fulton, Mike Puntenney, Jennifer Garceleon PLEDGE OF ALLEGIANCE Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Headrick moved to approve the November 13, 2013, regular meeting minutes. The motion was seconded by Commissioner Reiss and passed 5 —0. Chair Boyle read the qualifying questions for quasi judicial proceedings to the Commissioners. All Commissioners responded that they had no Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No concerns were noted. Community & Economic Development Director Nathan West noted for the audience members that Commissioner Davis was participating via phone. Mr. Davis was provided with all of the meeting materials that had been provided to other Commission members including a Power Point presentation intended to be viewed or discussed during the public hearing to enable him to make an informed decision based on the full record. (Commissioner Reimlinger arrived at 6:10 P.M. and was qualified by Chair Boyle) Planning Commission Minutes December 11,2013 Page 2 PUBLIC HEARINGS: CONDITIONAL USE PERMIT—CUP 13-02 —MALANE, 127 East First Street#4W: Proposal to establish a craft distillery in the Central Business District as a conditional use. Associate Planner Scott Johns provided the Department Report recommending approval of the conditional use permit. Chair Boyle opened the public hearing. Ryan Malane, 603 S. Alder was present for questions and said the he is looking forward to providing an exciting business opportunity for residents of Port Angeles. There beiu),no further testimony, Chair Boyle closed the public hearing. Commissioner Morris moved to approve the conditional use permit with the following condition, findings, and conclusions: Conditions: 1. The applicant shall obtain all necessary permits to conduct a craft distillery including but not limited to the City's Building Division, County Health Department, and the State of Washington required for the activities proposed. Findings: Based on information provided in the Community & Economic Development Staff Report for CUP 13-02 dated December 11, 2013, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: I Cynthia Malane submitted Conditional Use Permit application CUP 13-02 to allow the operation of a Craft Distillery on November 19, 2013. 2. The proposed site is located at 127 E. First Street, Port Angeles. 3. The site is zoned Central Business District (CBD). Surrounding zoning is also CBD. 4. The site is located partially in the City's North Central Planning Area and partially in the Harbor Planning Area. The Comprehensive Plan designates the site as Commercial. Adjacent designations are also designated Commercial and development in the area includes a variety of commercial uses. 5. Microbreweries are listed as a conditional use Chapter 17.24 (Central Business District (CBD) of the Port Angeles Municipal Code (PAMC). A "craft distillery" is similar in operation to a microbrewery in that a product is produced for on site consumption. In the case of a craft distillery, on-site consumption is tasting only and is limited to amount per customer. Alternatively, microbreweries produce but serve at much larger quantities for consumption per customer than a craft distillery. The business will cater to customers by appointment only. Planning Commission Minutes December 11,2013 Page 3 6. Craft distillery operations are regulated per RCW 66.24.145. A distillery licensee (State license) may provide up to one half ounce samples of spirits of its own production to persons on the premises of the distillery. The proposed business will cater to customers by appointment only and will need to be licensed and operate per RCW 66.24.145. 7. Per 17.96.050 PANIC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Policy D.1; Transportation Element Policy B.14 and B.16; were found to be most relevant to the proposal. These Plan provisions were included as Attachment C to the December 11, 2013, staff report. 10, PAMC Chapter 14.40.040 establishes the Parking and Business Improvement Area (PBIA). The proposed business is in located within the PBIA. Although every business within the Central Business District is required to join the PBIA and pay yearly dues, no additional parking will be required. Parking for businesses within the PBIA is provided through membership in the PBIA. The site also provides some parking within the basement area with access from the First/Front alley. 11. Reviewing City Departmental comments were considered in the review of this application. Any changes to the working area will require further building or Fire Department review. The applicant will work with the City's Wastewater Treatment personnel to determine discharge provisions. 12. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on November 24, 2013, posted on the site on November 21, 2013, and mailed to property owners within 300 feet of the subject property on November 21, 2013. 13. A Determination of Non-Significance was issued for this proposed action on December 10, 2013. 14. The site is not located within a floodplain area. 15. The Planning Commission opened a public hearing on the proposal at the December 11, 2013, regular meeting. Planning Commission Minutes December 11,2013 Page 4 Conchisions: Based on the information provided in the Department of Community Development Staff Report for CUP 13-02 December 11, 2013, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: I The proposed use can be permitted by conditional use permit as is provided in Section 17.24.160(D) PANIC. The conditional use permit application was processed in accordance with PANIC 17.96.050 and is therefore in compliance with provisions of the City's Zoning Ordinance regarding such activities. 2. As conditioned, the proposed activity is in compliance with the City's Comprehensive Plan as it will further economic development and be in the public interest by providing an opportunity for a start up business in accordance with Comprehensive Plan provisions. 3. As conditioned, appropriate State and Health Department licensing is required. Therefore, the use is in the public interest as the activity will be appropriately monitored and will serve to provide an opportunity to expand economic development and public enjoyment opportunities in a commercial location. The motion was seconded by Commissioner Reiss and passed 6 —0. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT — SMA 13-02 — CITY OF PORT ANGELES, 3501 W. 18t" Street: The proposed activity will remove refuse from a closed landfill cell, construct protective wing walls, and reconstruct an access road in a Public Buildings and Parks zone within a shoreline area. Associate Planner Scott Johns reviewed the Department Report recommending approval of the Shoreline Substantial Development Conditional Use Permit with conditions. He explained that this permit action will be a recommendation to the State Department of Ecology that will make the final decision on the permit. Planner Johns provided a Power Point presentation and responded to questions regarding the presentation information. In response to Commissioner Morris, Mr. Johns responded that this project will not remove all of the refuse in the 304 cell. As much refuse will be removed as is possible given funding available and adequate remedy will be made for a long term bluff repair. Commissioner Reiss asked where the synthetic land cover material will be placed. Planner Johns noted that the cover material will be placed in Area 5 shown on the map materials, in the south and mid area of the shoreline bluff. Commissioner Boyle asked how long the repair will effect a remedy to the erosion situation, Planner Johns responded that the construction repair is expected to remedy discharge issues for approximately 25 years which will hopefully provide a reasonable window to come up with additional funds to further stabilize or remove additional refuse from the site. Planning Commission Minutes Axember 11,2013 Page 5 Planner Johns responded to a series of questions from Commissioner Morris involving background of the landfill closure process, how much fill material exists and how much is being removed, and how long debris has been depositing on the beach? He was concerned that the project not just be a patch but result in a real resolution of the problem. Commissioner Headrick noted that the proposal seems to be a reasonable approach as there is nowhere near the funding available to remove all of the debris. Chair Boyle opened the public hearing. Mike Puntenney, City Engineer for the City of Port Angeles Public Works and Utilities Department stated that the project is highly targeted toward the east cell where there is no toe protection along the shoreline. He commented on a question that had been submitted by the Coastal Watershed Institute via mail by saying that the sea wall is not being extended. The City is taking great care to not extend the sea wall from where it is right now in order to not interfere with natural processes. Sea wall end modifications will be perpendicular to the bluff face. Approximately 370,000 cubic yards of debris will be removed from the east cell; roughly two thirds of the refuse will be removed at 270,000 cubic yards. Although additional funding is likely available from the State for this work, and the optimal remedy would be to completely remove the debris from the face of the shoreline to another off site location, the cost of transporting the debris from the property to an off site location would result in less debris being removed. Removing the debris away from the shoreline to a location further away from the bluff should be a permanent solution to this problem. An embayment will initially occur but the rate of retreat of material away from the bluff face will diminish over a period of time such that the rate of retreat of the bluff will be reduced. The predicted fix will be for a minimum of 25 years with the more reasonable and expected time line being approximately a 40 year span of time. Kathryn Neal Engineering Manager for the City of Port Angeles Public Works and Utilities Department stated that all municipal solid waste has been in place at the landfill site since the early 1990's. Artificial turf will be used to cover the project site that is specifically designed for landfills that contains an impermeable soil layer, a geomembrane layer, a turf layer, and sand. The material is designed to stay in place and shed water so it will prevent water from seeping from the landfill site to the shoreline. This type of cover saves about $I M in costs and is the preferred method of cover. Ms. Neal explained in detail using a display map how the work will result in pulling the debris away from the bluff and allowing natural erosion to heal the area. In response to Commissioner Morris, regarding the removal of all refuse on the site, Mike Puntenney said that if additional funding becomes available, additional garbage will be removed such that the east cell may be empty of garbage at some time in the future. Mr. Puntenney provided information regarding engineering testing and reports that are required to be provided and submitted regarding the closure. If the City is required to remove the garbage from the site and transport to Oregon, only about 20% of the refuse will be removed due to transportation costs. By replacing the debris further inland, perhaps all of the refuse can eventually be removed from the site. As long as the sea wall is maintained, the bluff behind it should be protected forever. Planning Commission Minutes December 11,2013 Page 6 There being no further testimony, Chair Boyle closed the public hearing. Commissioner Morris hoped that the sea wall will be protected now and in the future. He suggested that a finding be made that would incorporate staff's testimony regarding that if funding is available, additional refuse will be removed to the maximum extent possible. His preference would be that all of the garbage be removed. Commissioners Reiss and Reimlinger noted that Mr. Puntenney provided testimony that if additional funds are available more refuse will be removed. Director West summarized the Commissioners concerns as being that if funds are available, the City will remove as much refuse as is possible. Commissioner Morris agreed that Mr. West's comments did summarize his concerns in that as much refuse as is possible be removed, up to all of it, when possible. Commissioner Reiss moved to recommend approval of the Shoreline Substantial Development Conditional Use Permit citing the following conditions, findings, and conclusions as follows: Conditions 1. The applicant is responsible for obtaining all necessary permits from local, state and federal agencies with jurisdiction. Verification of permit issuance shall be supplied to the city prior to commencement of any site alteration or construction. 2. The applicant shall prepare an inadvertent discovery plan for the unanticipated discovery of archaeological materials during construction activities. The plan shall be prepared and submitted to the City prior to commencement of work. 3. The city shall guarantee the survival of trees planted for revegetation of the site at a rate of no less than 300 trees per acre. Findings Based on the information provided in the December 11, 2013, Staff Report for SMA 13-02 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. Shoreline Substantial Development Conditional Use Permit application SMA 13-02 was submitted by the City of Port Angeles Public Works and Utilities Department on October 22, 2013, for the relocation of refuse, modification of an existing seawall, and relocation/reconstruction of the beach access road located at the closed Port Angeles Landfill site. The proposed construction work includes the removal and relocation of approximately 264,000 cubic feet of refuse from the closed "304" Beach Cell to the closed "351" upland cell. Reusable, clean materials that are excavated from the existing bluff face will be appropriately stored and then used for the required cover and grading. Revegetation of the disturbed area will occur. Best management practices will be incorporated to address potential erosion and water quality impacts during construction. Planning Commission Minutes December 11,2013 Page 7 2. Closure of the previous Port Angeles Landfill site cells began in 1983 and was largely complete in 1990. Following closure of the previous Landfill site, Shoreline Substantial Development permits were issued to perform revetment work necessary to protect the shoreline area by retaining refuse within the cells and provide additional stormwater measures. Previous permitting review addressed that future repair and modification activities would be necessary to protect and/or modify those methods put in place to protect the shoreline area from natural erosion and eliminate the deposition of refuse on the beach area. 3. The current proposal is a result of that anticipated future monitoring work. 4. In accordance with the Shoreline Management Act and the local Shoreline Master Program (SMP), a shoreline conditional use may be granted if the following criteria can be met: 1) applicable policies are maintained; 2) public use of the shoreline is not impacted; 3) compatibility with adjacent uses can be made; 4) no adverse effects to the shoreline will result; and 5) that the public interest is maintained. Consideration of the cumulative effects of an activity are also a required consideration. The application was reviewed for the aforementioned criteria. 5. A Shoreline Conditional Use Permit review is performed at the local level with final review and approval required by the State Department of Ecology. A Mitigated Determination of Non-Significance (MDNS #1328) was issued for the proposal per WAC 197-11-340(2) by the City of Port Angeles SEPA Responsible Official on November 25, 2013 which fulfills the City's responsibilities under the State Environmental Policy Act. 6. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances including Floodplain review have been reviewed with respect to this application. The site is designated Open Space in the City's Comprehensive Plan, Public Buildings and Parks in the City's Zoning Ordinance, and Urban-Shoreline Protection in the City's Shoreline Master Program. 7. The surveyed elevations used in the analysis is based on North American Vertical Datum 88 (NAVD88) indicating the MHHW at 6.64 feet which is equivalent to NOAA elevation of 7.06 feet for Mean Lower Low Water datum. All work will be restricted to being above this elevation, keeping the rock toe armoring behind the MHHW and minimizing the footprint on the beach.. Construction of the end walls will be done from the top of the existing bulkhead. No proposed work will be conducted from the beach. All of the completed protective end wall construction will be upland of the Mean Higher High Water (MHHW). 8. A letter dated December 19, 2007, from U.S. Army Corp of Engineers, states that the existing bulkhead is constructed landward of the Mean Higher High Water. No further permitting by the Army Corps is anticipated. 9. Reviewing Departmental (Fire, Building, Public Works and Utilities, Department of Ecology, Army Corps of Engineers) comments were considered in formulating a recommendation for the proposed activity. 10. Notice of the project was published in the Peninsula Daily News on October 25, 2013. Notice of the proposal was mailed to property owners within 300 feet of the project site on October 23, 29013. The site was posted on October 23, 2013. Two public comments Planning Commission Minutes December 11,2013 Page 8 were received by the Department of Community and Economic Development during the SEPA public comment period. The letters were authored by the Coastal Watershed Institute (CWI) and the Olympic Peninsula Chapter of The Surfrider Foundation. Both letters expressed opposition to the project based on a variety of concerns, including the cost of design, the iterative approach taken by the city to resolve the existing landfill situation, and predicted environmental impacts. Both letters were included as Attachment D to the December 11, 2013, staff report. 11. The applicant has indicated that public access should continue to be limited due to the character of the beach area, potential fall hazard from the bulkhead and lack of existing access points. The landfill does not currently provide public access to the shoreline. The area is a high energy beach with no public access. Informal trails to the beach from off- site locations do exist. There is a potential for persons reaching the beach in this vicinity to become stranded at extreme high tide due to few access points and the distance between them. The beach is primarily a cobble beach, further exacerbating difficulty negotiating the beach by foot. The existing bulkhead is approximately 15.5 feet in height with no safety railing. 12. The Lower Elwha Klallam Tribe was contacted regarding archaeological discovery during site work. Due to the nature of the previous/current use on the site, an on-site archaeologist during work periods would not be necessary. An inadvertent discovery plan is required for the project. 13. The following adopted City policies are most relevant to the proposed project and are detailed in full as attachments to the December 11, 2013, staff report: Comprehensive Plan Growth Management Element Goal A, Policy I j.; Land Use Element Goal A, Policy 2; Goal J, Policy 2; Conservation Element Goal A, Policy 3; Goal B. Policies 1,2, 10, & 11; Goal D; Policies 1,8, & 9; Capital Facilities Element Goal A. City Zoning Ordinance allows landfills as a permitted use per PANIC 17.40.040(l). City's Shoreline Master Program's Urban-Shoreline Protection designation and Chapter 4, Policies A I and 2, B-I and 2, C I through 8, D-1, E I and 2, F 1, 2 and 5, 1, 1-4, K, I and 2, L-1 - 4, and 0, 1 and 2. Chapter 5, Management Policies I and 5. Chapter 7, Policies 1, B I - 3 & 5, C, D 2-5, E 1 -5, G I - 5. and all associated regulations. 14. The work site is located entirely outside any 100-year flood zones as indicated on FIRM Community Panel number 530023 0001 C dated September 28, 1990 (Flood Insurance Rate Map). The adjacent shoreline area is described as V6, areas of 100-year coastal flooding with velocity. Dry Creek is described as A2 in the floodway. In accordance with Section 15.12.240 PANIC, the Shoreline Conditional Use Permit acts as the necessary Floodplain permit. 15. Wetlands were identified in the Dry Creek ravine. All work will be located away from the wetlands and their buffers, resulting in no adverse impacts to wetlands. 16. During the December 11, 2013, public hearing, City of Port Angeles Deputy Director of Public Works & Utilities Mike Puntenney stated that, although the City would like to remove all of the refuse from the eroding land fill cell, funding is not currently available Planning COmmission minutes December 11,2013 Page 9 to remove more than what is proposed. The amount of refuse that can be removed is directly tied to available funding. He assured Commissioners that staff will make every effort to continue to seek funding resources for additional landfill remediation actions. Conclusions Based on the information provided in the December 11, 2013, Staff Report for SMA 13-02 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's Comprehensive Plan, Zoning Ordinance, and current Shoreline Master Program. B. The construction project is necessary to mitigate impacts created by the proximity of a closed municipal landfill to a marine shoreline of state-wide importance. The project is in the public interest and is necessary to maintain and protect the shoreline environmental resource. C. As conditioned, the proposal meets the criteria for a Shoreline Substantial Development Conditional Use permit D. As conditioned, the proposed project will not diminish public use of lands or waters. Commissioner Headrick seconded the motion that passed 6 —0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Reimlinger apologized for his tardy arrival. Commissioner Davis noted that he will be available as needed by phone for near future meetings. ADJOURNMENT The meeting adjourned at 7:30 P.M. Sue Roberdg-,;;I Secretary Tim Boyle, Ch it PREPARED BY: S. Roberds