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HomeMy WebLinkAboutMinutes 02/09/2011ROLL CALL Members Present: Members Excused: Staff Present: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 9, 2011 6:00 p.m. Public Present: Mike McHenry PLEDGE OF ALLEGIANCE John Matthews, Tim Boyle, Nancy Powers, David Miller Sissi Bruch, Mike Caudill, Doc Reiss Nathan West, Sue Roberds, Heidi Greenwood, Mike Puntenney Chair Matthews opened the meeting at 7 15 P.M. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Powers moved to approve the January 12, 2011, regular meeting minutes. The motion was seconded by Commissioner Boyle and passed 4 0. PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 10 -03 DEPARTMENT OF NATURAL RESOURCES, Ediz Hook: Remove remaining portions of a previous development, stabilize the Ediz Hook Road bed, recontour the shoreline, and stabilize the beach area using techniques and materials intended to mimic natural processes to the greatest extent possible. Associate Planner Scott Johns reviewed the Department Report recommending approval of the Shoreline Substantial Development Permit with conditions and clarified that the Lower Elwha Klallam Tribe (LEKT) is a participant in the project in that the Tribe will provide funding and archaeological services but is not the property owner Mr Johns responded to questions regarding parking in the area, recreational uses along Ediz Hook and their relationship to the project, described the beach nourishment process. Chair Matthews qualified Planning Commissions under the Appearance of Fairness doctrine and opened the public hearing. Mike McHenry, 1752 Freshwater Bay Road, Joyce, WA represented the Lower Elwha Klallam Tribe and stated that the project is a win -win for everyone. The project will protect the road bed and enhance the natural and recreational environment. Mr McHenry stated that the LEKT received funding from the Environmental Protection Agency (EPA) and will be working in partnership with the Department of Natural Resources and the City Planning Commission Minutes February 9 2011 Page 2 There being no further testimony or questions, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Miller moved to approve the Shoreline Substantial Development Permit citing the following conditions, findings, and conclusions: Conditions 1 As co- applicant of the restoration project, the Lower Elwha Klallam Tribe shall provide the services of a qualified archaeologist for all ground disturbing activities that will include concrete removal, revegetation of riparian species and erosion control along the roadway The work will be performed in consultation with the Washington State Department of Archaeology and Historic Preservation (DAHP) and the City of Port Angeles who will share in any reports generated under this condition. 2. In the event archaeological artifacts, features or human remains are discovered during the course of work, the permittee will immediately notify the City of Port Angeles Archaeologist by phone at (360) 417- 4704, 3 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. 4. The applicant shall provide a Maintenance and Operations plan to be approved by the City of Port Angeles that will describe monitoring and identify a set of benchmarks or triggers for maintenance including changes in site topography and sediment which may indicate a need for additional beach nourishment. The plan will outline each parties' responsibility if a benchmark or trigger is reached. 5 The project shall be conducted in a manner that will not impede continual use of the Waterfront Trail. Short term disruption by construction equipment entering or leaving the site is expected. Findings Based on the information provided in the February 9, 2011, Staff Report for SMA 10 -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: An application for a shoreline substantial development permit was submitted by the Washington State Department of Natural Resources, on September 14, 2010, for the removal of manmade structures and restoration of beach processes on Ediz Hook. The application was deemed as complete on September 28, 2010 The project will complete the removal of a derelict structure and improve a public waterfront area along the Ediz Hook shoreline. 2. The project will take place on both uplands and over water. The uplands property is owned by the City of Port Angeles, and the bedlands below the ordinary high water mark belong to the Washington State Department of Natural Resources. The City of Port Angeles Real Estate Committee was consulted regarding the project and expressed support for the project and approved entrance on City property to perform the work at its January, 2011, meeting. 3 The Lower Elwha Klallam Tribe (LEKT) is a project partner but has no property ownership interest in the site. The LEKT, per letter received October 27, 2010, will perform archaeological services during ground disturbing activities on the site as a co applicant to the project. 4 The site was posted for land use action on September 30, 2010, with legal notice published in the Peninsula Daily News on October 3, 2010 The City of Port Angeles and the Department of Natural Resources are the only property owners within 300 feet of the project. 5 A Determination of Non- Significance was issued by the Washington State Department of Natural Resources SEPA Responsible Official for the proposal on August 5, 2010 6. The techniques proposed for this project are intended to mimic natural beach processes expected to occur in the Puget Sound region. Ongoing maintenance of beach materials is anticipated and is described in application materials (Pg. 19, Feasibility Study and Restoration Design Ediz Hook Restoration Phase III). The site is engineered for a 30- year lifespan with that time line extended or major work likely deferred if additional sediment is placed within that 30 -year period. On going maintenance activities to retain the site following proposed modification are exempt from individual review per WAC 197- 27- 27- 040(2)(b) and will not require additional permitting. 7 The Port Angeles Shoreline Master Program, Zoning Ordinance, Critical Areas Ordinances, and State Environmental Policy Act (SEPA) were reviewed with respect to this application. 8. The site is designated Open Space (OS) in the City's Comprehensive Plan, Industrial Heavy (IH) in the City's Zoning Ordinance, and Urban Harbor (UH) and Aquatic Harbor (AH) in the City's Shoreline Master Program. 9 The site is located within flood zone V6 (areas of 100 -year coastal flood with velocity). This shoreline substantial development review acts as the floodplain review for this project. 10 The entire Comprehensive Plan was reviewed with respect to the proposal. Land Use Element Goal A, Policy 2 is most relevant to the proposal. The City's Shoreline Master Program's Urban Harbor designation, Aquatic- Harbor designation, Chapter 3, Policies A -6, 7, 9, 11, C -1, 3, D -4, 5, E -1, 2, F -1, G -1, Chapter 4, Policies A -1, B -1 and 2, D -1, E- 1, J -1, 2, 3, and K- 2, and Chapter 5, Policies D -1 and 5, and F -2, and 3, and all associated regulations are relevant to the proposal. Comprehensive Plan and Shoreline Master Program citations are included with the February 9, 2011 staff report as Attachment "B" Planning Commission Minutes February 9, 2011 Page 3 11 The City's Waterfront Trail runs east and west along the length of the project. Planning Commission Minutes February 9, 2011 Page 4 Conclusions Based on the information provided in the February 9, 2011, Staff Report for SMA 10 -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. As conditioned, the project is consistent with the City's Comprehensive Plan and Shoreline Master Program. B. The project will not be detrimental to the shoreline but will enhance the shoreline environment along Ediz Hook to mimic more natural beach processes found in the Puget Sound region and, as such, will therefore enhance the public's use of public lands and /or waters. C. Because on -going maintenance and repair of eroded areas is likely given the soft armoring approach, a Maintenance and Operations schedule approved by the City is in the public interest. The motion was seconded by Commissioner Boyle and passed 4 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns noted that the Commission's regular February 23 meeting will be an open house for discussion regarding progress on the Shoreline Master Program update. The meeting is scheduled for the Vern Burton Conference Room. The second draft of the document will be available on the web site by the end of the week. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6 45 p.m. n Sue Roberds, ecretary PREPARED BY S. Roberds John Matthews Chair