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HomeMy WebLinkAboutMinutes 02/10/1999 -fe e L ll. m. IV. V. VI. ~ORTANGELES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street February 10, 1999 CALL TO ORDER 7 p.m. ROLL CALL APPROVAL OF MlNUTES: Meeting ofJanuary 27,1999. CONTINUED PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99- 01 - RAYONIER. 700 North Ennis Street: A proposal to recover sunken logs, remove navigational hazards by removal of a storm buoy and portions of armor rock at an existing jetty, and removal of selected mooring dolphins at a former heavy industrial mill site within the Port Angeles Harbor in the Industrial Heavy zone. (This item is continued from the January 27, 1999, meeting. ) COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS 1. 1999 Long Range Planning Items VIL REPORTS OF COMMISSION MEMBERS VDL ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one . day prior to the scheduled hearing will be provided to Commission members before the hearing. Commissioners: Dean Reed (Chair),Mary Craver (Vice Chair), Cindy Souders. Linda Nutter, and Fred Hewins. Planning Staff: Brad Collins. Planning Director; Sue Roberds, Planning Specialist; David Sawyer, Senior Planner. -. . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 10,1999 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Fred Hewins, Cindy Souders, Dean Reed, Bob King Members Excused: Mary Craver (One vacancy) Staff Present: Brad Collins, Sue Roberds, David Sawyer Public Present: Dana Dolloff, Michael Stanaszek, Carol Brown APPROVAL OF MINUTES Commissioner King moved to approve the January 27, 1999, minutes as submitted. The motion was seconded by Commissioner Nutter and passed 5-0. PUBLIC HEARING: SKORELINE SUBSTANTIAl, DEVEI~OPMENT PERMIT - SMA 99-01 - RA YONIER, 700 North Ennis S.tre.e.t A proposal to recover sunken logs, remove navigational hazards by removal of a storm buoy and portions of armor rock at an existingjetty, and to remove selected mooring dolphins at a former heavy industrial mill site within the Port Angeles Harbor in the Industrial Heavy zone. Senior Planner Sawyer reviewed the Planning Department's report recommending approval of the shoreline permit as proposed. Planning Director Collins answered Chair Reed that those who objected to the issuance of the requested permit did so due to the belief that this project should not be approved piecemeal prior to a complete environmental determination for the site. The main reason that a modified mitigated determination of nonsignificance (MMDNS) was issued for the project is that both the State Department of Ecology and the Enviromnental Protection Authority agreed removal of the sunken logs would assist in further assessment and testing of the site to determine the extent of the ultimate cleanup that is necessary. The Department ofFish and Wildlife and the Lower Elwha Klallam Tribe may not be in complete agreement with the MMDNS. He responded to Commissioner Souders that the City unerstood from discussions with EP A that the agency did not object to the project as proposed. In response to Commissioner Nutter, Director Collins stated that the MrvIDNS requires that the logs be disposed of only at a site approved by the Department of Ecology. Contaminated logs will be removed to a site approved for such handling. Planning Commission Minutes February 10.1999 Page 2 . Mr. Collins provided a detailed background of the environmental issues surrounding cleanup of the site. It was agreed early on that the mill demolition and cleanup would be reviewed in two phases - demolition of the above ground structures and cleanup of the ground and water areas of the site - environmental review would be phased accordingly. The current work proposal was not covered under the initial phase which only dealt with landward demolition. In processing the application for removal ofthe logs and navigational hazards, it was determined that the removal would allow for the site to be better assessed prior to finalization of cleanup plans. The Department of Fisheries and Wildlife is processing a hydraulic permit application in association with the current proposal. Comments received from the public relating to the current proposal expressed concern that no further interim actions should be permitted outside the final cleanup. Comments and conditions recommended by the Department of Ecology and the Environmental Protection Agency were weighted heavily in review of the current project. The City continues to consult with other agencies with jurisdiction in an effort to uniformly review the mill cleanup as a whole. The City will probably not be lead agency for the final cleanup stage. In response to Chair Reed, Director Collins indicated that following the City's issuance of the Modified Mitigated Detennination of Non significance another agency with jurisdiction may assume lead agency status. No other agency with jurisdiction has expressed a desire to take lead agency status in this review. . Chair Reed opened the continued public hearing and explained that those speaking must sign in and certify to the correctness of their testimony. Dana Dolloff, Director of Environmental Affairs for Rayonier, 1177 Summer Street, Stamford, Connecticut, thanked the City for taking lead agency status and complimented staff for the careful job of reviewing the issues surrounding Cleanup of the mill site. Side scan radar indicates that approximately 2500 sunken logs need to be removed from the Harbor floor on mill property. The logs pose a problem to further sampling of sediments that is necessary for the cleanup stage to begin. Commissioner Nutter asked what the change in water currents would be when/if the damaged jetty is removed. Mr. Dolloff responded that the work would not result in a change in the entire Harbor area. Rayonier has not analyzed what changes would occur in water currents around the mill following removal of the damaged jetty. In response to Commissioner King, Mr. Dolloff stated that Rayonier does not have any objections to the eight modified mitigation measures imposed by the City of Port Angeles as a result of the environmental review done for the proposal. . Mr. Dolloff answered Commissioner Hewins that the plan during removal is to not exceed turbidity levels at the mixing zone which is the key indicator that sediments are not leaving the site. Sediments tend to redeposit from where they came. The proposal is to remove the logs at this point, not perform sampling. Sampling is months away and that timeline will depend on whether the site becomes a Superfund site or is state controlled. He responded to questions regarding processing of recovered logs. Processing of logs will be done to DOE standards, and no hazardous materials will be deposited at local disposal sites. He noted that . . . Planning Commission Minutes February 10. 1999 Page 3 EP A experts have examined the application and have no problems with it at this juncture. The log pulling is now proposed to be done in July and August. Commissioner Souders asked if there will be other seaward projects involved in the cleanup. Mr. Dolloff answered that he couldn't foresee any future seaward projects other than perhaps emergency repair from winter storms or removal of concrete structures in the water that need to be removed to place material for protection from wave action following removal of the damaged jetty and remediation to an area along Ennis Creek which is an area not seaward of the high water mark that involves removing a section of rip rap and sheet pile wall along eight or ten foot of bank, The dock will not be removed. The Commissioner was concerned that this be looked at a total project with a specific plan in place for cleanup but that the work not be piecemeal. Carol Brown, Environmental Coordinator for the Elwha Xlallam Tribe, 2851 Lower Elwha Road, concurred with the City's :MMDNS conditions. The Tribe will not ask that an archaeologist be on site during the proposed work as the project is not in an area where native soils occur but is offshore. Elwha did review the current application but did not comment on the MMDNS. Comments were provided on the pennit asking that all the remaining mill cleanup be considered as one project. The Tribe has reviewed and agrees with the EP A and DOE comments regarding the proposal. There being no further testimony, Chair Reed closed the public hearing. Commissioner King moved to approve the shoreline substantial development permit citing five conditions, nine findings, and five conclusions as recommended by staff. Conditions: 1. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4 and 5. 2. The proposed project shall comply with all requirements of the Port Angeles Municipal Code including environmentally sensitive area requirements. 3. The applicant shall comply with the mitigation measures required by the City's SEP A Responsible Official in the Modified Mitigated Determination of Non- Significance #829 issued on February 9, 1999, and included in the Planning Department staff report dated February 10, 1999, for SMA 99-01. The required mitigation measures are as follows: 1. No washing of logs in the water shall be allowed. All mud/sediments brought aboard shall be disposed of on-shore at a disposal site approved by the Department of Ecology with notice given to the Departments of Natural Resources and Fish and Wildlife. A tong-type device such as a grapple. which will not tend to pick up mud, shall be used. Clam shell buckets shall not be used, except for removal of jetty rock. Manually set chokers are acceptable. 2. . . . Rayonier - SMA 99-01 February 12. 1999 Page 4 3. Appropriate techniques shall be used to identify the location of logs such as side scan radar, or CRT screen-type echo sounder. No blind grabbing for logs shall be allowed. 4. Dolphins proposed for removal shall be removed completely unless site conditions are found by the Department of Natural Resources to prohibit such removal; in which case, options should be discussed and approved by the Department of Natural Resources. 5. Rayonier shall monitor log removal operations to ensure compliance with Department of Ecology water quality standards at the mixing zone boundaries, which must be defmed before operation begins, and, if these standards are exceeded, operations shall be discontinued until compliance can be achieved. 6. The project proponent will be required to use sufficient Best Management Practices to meet water quality standards. If water quality standards cannot be met for turbidity, refer to WAC 173-20lA-llO. 7. The on-shore staging area for salvaged logs, removed piling, and jetty rock shall be on the Rayonier Mill site and not at the originally proposed Ediz Hook site. 8. The Deparnnent of Ecology shall approve the staging facility at the Rayonier Mill site. 4. The applicant shall obtain all other required permits of the State and/or other agencies with jurisdiction regarding the proposed project including a Hydraulic Project Approval (HPA) from the Department ofFish and Wildlife.. 5. If the subject site has not be 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 of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. 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. Rayonier - SMA 99-0/ February 11. /999 Page 5 . . . Findings; Based on the information provided in the staff report dated February 10, 1999 for SMA 99- 01 (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and subject to the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Rayonier, Inc., applied for a Shoreline Substantial Development Permit on October 29, 1998 and the application was determined complete on November 6, 1998 (please see Staff Report dated February 10, 1999 for SMA 99-01 Attachment A). 2. A Modified Mitigated Determination of Non-Significance (#829) was issued by the City of Port Angeles SEPA Responsible Official for the proposal on February 9, 1999. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Aquatic-Harbor in the City's Shoreline Master Program. 6. The approval is for: 1) the recovery and salvage of sunken logs; 2) the removal of navigation hazards by removing a storm buoy and sunken portions of armor rock at the existing jetty; and 3) the enhancement and preparation of portions of the site for sale by removing and salvaging selected mooring dolphins as submitted in the application received by the Planning Department October 29, 1998 (Staff Report dated February 10, 1999 for SMA 99-01 Attachment A), and as conditioned by this approval. 7. The following agencies, tribes and/or organizations were given notice of the application and its public comment period: Washington State Department ofFish and Wildlife; Washington State Department of Ecology; Washington State Department of Natural Resources; Point No Point Treaty Council; Lower Elwha Tribal Council; Corps of Engineers; and the Olympic Air Pollution Control Authority. Their comments received by the City of Port Angeles prior to January 15, 1999 included in Staff Report dated February 10, 1999 for SMA 99-01 as Attachments C - G were taken into consideration by the City's SEPA Responsible Official when making his Threshold Determination and the issuance of the project's MDNS. Subsequent comments have been considered by the Planning Commission. 8. During the application's public comment period, the following individuals submitted written comments: Eleanor Kopp, 1016 N. Whitney Way, Clallam County, and Rayonier - SMA 99-01 February 12,1999 Page 6 . Darlene Schanfald representing the Olympic Environmental Council, 3632 O'Brien Road, Clallam County. These comments included in the Staff Report dated February 10, 1999 for SMA 99-01, as Attachments H and I were taken into consideration by the City's SEP A Responsible Official when making his Threshold Determination and the issuance of the project's MDNS. 9. The subject site is identified as a locally unique beach and coastal drift process area and is therefore subject to the City's Environmentally Sensitive Areas (ESA) Ordinance and its regulations. An ESA application and compliance with the City's ESA regulations is required for this application. Conclusions' Based on the information provided in the staff report dated February 10, 1999, for SMA 99- 01, including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, the above listed findings, and subject to the above listed conditions of approval, the City of Port Angeles Planning Conunission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1, D-l, K - 2 and 4, and N -1 and 2, Chapter 5, Policies E-5 and 8, and all associated regulations. . B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2 and H4, Conservation Element Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1, D-l, K-2 and 4, and N-l and 2, Chapter 5, Policies E-5 and 8, and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D. As proposed, the project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Following a friendly amendment by Commissioner Hewins, accepted by Commissioner King, he seconded the motion. . Conunissioner Souders continued to express objection to the piecemeal manner in which the demolition project is being done. There is no master plan in place that addresses all issues of all parties concerned. She would prefer to see a single permit for the cleanup proj ect and not many permits for various stages of the entire project. An independent observer on site to monitor where logs are going, where dredge material is going, what tests are being performed before materials leave the site, how water quality is being dealt with, cleanup of the remaining debris, sediment analysis, and a contingency plan would alleviate her concerns and are not present in the current motion. e. . . Rnyonier - SMA 99-0/ February.!2, /999 Page 7 In response to a Commissioner Souders, Mr. Collins said that some of the things mentioned by Mr. Dolloff that need to be accomplished, i.e., emergency repair due to winter storm activities, would be exempt from shoreline permitting requirements. Commissioner Nutter agreed with Commissioner Souders and concurred that an independent observer would be an asset to the project. The question was called for and passed 3 - 2 with Commissioners Souders and Nutter opposed based on concerns expressed by Commissioner Souders. The Commission took a break from 8:20 p.m. The meeting reconvened at 8:30 p.m. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS 1. Long Range Planning Items Planning Director Collins reviewed the proposed list of long range planning items in detail. He noted that the County Planning Director expressed a desire for a joint Planning Commission meeting. Commissioner Nutter asked that review of a Downtown Fanner's Market be placed on the list oflong range items. Director Collins reminded the commissioners of the Boards and Commission Appreciation Night scheduled for February 17, 1999, 7 p.m. Senior Planner Sawyer provided a brief report on meetings being conducted with Marine Drive bluff property owners in an attempt to orient bluff property owners to the responsibilities of such ownership and to evaluate that area's future needs. Planning Specialist Sue Roberds noted that 1999 elections will be conducted at the February 24 meeting. REPORTS OF COMMISSION MEMBERS Chair Reed noted that he will not be in attendance at the February 24 meeting. ADJOURNMENT The meeting adjourned at 9:20 p.m. ~ PREPARED BY: S. Roberds . PORT ANGELES PLANNING COMMISSION 1999 LONG RANGE AGENDA SCHEDULE February 10 Review and schedule long range planning issues March 24 Census 2000 April 28 Comprehensive Plan Amendments May 26 Annexation Planning June 23 Transportation Projects July 28 Neighborhood Planning August 2S Salmon/Watershed Planning September 22 Planning Department Budget October 27 . Compr~ensive Planning . November 24 No . meeting December 22 Permit Review Process . . . . PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND SIGN UP SHEET For the items listed on the Agenda Of:",-;--t l'1.J.J ~ /0 /9 99 Please read the following: If I testify, by signature below, I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. Signature Print Name Address Agenda .--.... { iI\ I I Item # \\ )/tA\Lt('\ JJC\~A/\ '"7j ""1 OJ \,OhL _ 2 c: YVi [.,....... ~ ~ )\0 :l.\\ ntA (iff. &)1 CT ~ h\\rJ: N\.J,..~,^ap, (c..S~ M,~~K -1"vt."'" J. 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