HomeMy WebLinkAboutMinutes 05/11/2011ROLL CALL
Members Present: John Matthews, Doc Reiss, Tim Boyle, Sissi Bruch, David
Miller
Members Absent: Nancy Powers, One Vacancy
Staff Present: Scott Johns, Heidi Greenwood, Sue Roberds, Bob Kajfasz
Public Present: Steve Zenovic, Jesse Waknitz
PLEDGE OF ALLEGIANCE
Chair Matthews opened the meeting and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Bruch moved to approve the April 27 minutes as presented. The
motion was passed by Commissioner Matthews and passed 5 0.
PUBLIC HEARINGS:
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 11, 2011
6:00 p.m.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -05 CITY
OF PORT ANGELES: 315 N. Lincoln: Proposal to construct free standing structure to
support an array of solar panels to supplement power and provide educational support for
the Feiro Marine Life Center located in the PBP Public Buildings and Parks zone.
Associate Planner Scott Johns reviewed the Department Report recommending
approval of the shoreline substantial development permit with conditions. Mr Johns responded
to Commissioner Bruch's concerns regarding the impact to several mature ornamental trees that
are located in the area of the proposed solar panels. Lengthy discussion took place regarding
placement of the solar panel array and whether consideration had been given to other, less well
used locations throughout the community for the solar panels given that they are funded by
Bonneville Power Administration as an educational grant use. Mr Johns deferred to the
applicant on the later portion of the discussion. Chair Reiss opened the public hearing.
Bob Kajfasz, City of Port Angeles Public Works and Utilities Department, further
elaborated on the proposed panel location. In response to Commissioner Matthews' question as
to why the panels will not be located at the High School where there is more south exposure and
less conflict with other public uses. Mr Kajfasz noted that a majority of local elementary
schools take field trips to the Marine Lab where they will be able to witness the solar power
display and learn about the benefits of the alternative energy source. The two components of the
grant that will fund the display are the City of Port Angeles Utility Division and Bonneville
Power Administration and the Bonneville Environmental Foundation.
Planning Commission Minutes
May 11, 2011
Page 2
Mr Kajfasz responded to a series of questions as to the viability of the use and the ability
of others to apply for the funding grant. The Commission expressed concern over financing of
the solar panels.
Chair Reiss questioned the reasonableness of reviewing the application as an educational
resource in the shoreline area when if it is an educational resource it likely could be located at the
High School or some other such area in the City rather than on the shoreline.
Mr Kajfasz confirmed that City funds are not being used to fund the solar panels. Funds
are being provided by Bonneville Power and Bonneville Environmental Foundation.
Commissioner Bruch remained concern that although there may be some educational
component to the solar panel use, it will change the face of the public space considerably There
may be other places for this use that would serve the educational purpose.
Mr Kajfasz responded to Commissioner Bruch that signage will be placed on the panels
to explain the function of the display as well as a kiosk inside the Feiro Marine Lab to further
describe what's happening with the system.
Mr Kajfasz explained that although traditionally a solar system is placed on a roof, the
orientation of the Marine Lab building is east/west. Additionally, the roof of the Marine Lab is
not constructed such that it can support the solar panels, so the roof would need to be
reconstructed. The use cannot be placed closer to or on the face of the Marine Lab due to the
mural. One of the reasons for selection of the area is due to the existing sea wall at that location
which will reduce construction costs.
Commissioner Bruch reiterated the value of the site trees and that the public does value
those amenities in the recreational area. It is important to maintain the site in a manner that is
attractive as it is the centerpiece of the Port Angeles waterfront area.
There being no further testimony, Chair Reiss closed the public hearing.
The Commission continued discussion regarding the educational use of the proposal. Mr.
Johns noted that the use is being tied in with a permitted use in the shoreline and is intended to
be educational rather than as a main source of power for the Marine Lab although any power
generated will be used at the Marine Lab
Commissioner Miller moved to deny the shoreline substantial development permit
as it does not meet the criteria for support of a shoreline activity. The motion died for lack
of a second.
Commissioner Matthews was not entirely convinced that the location is necessary within
the shoreline, following continued discussion, Chairman Matthews reluctantly moved to
approve the shoreline substantial development permit citing the following conditions,
findings, and conclusions:
Conditions
1 In the event archaeological artifacts, features or human remains are discovered, the Port
or their representatives will immediately notify the Tribal Chair and specified Tribal staff
by both letter and telephone, as well as the City Archaeologist and the State Department
of Archaeology and Historic Preservation as required in RCW 27 44 and 27.53
2. Section 106 compliance requires the Port to take into account the historical background
of the project vicinity A professional cultural resources professional shall record and
assess the historical significance of the structures to be removed. If the structures are
assessed as eligible or potentially eligible for the National Register of Historic Places the
Planning Commtsston Mmules
May 11, 2011
Page 3
Port will be required to work with the Army Corps of Engineers to address any adverse
effect before continuing the project.
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 If existing trees are pruned to allow the structure to be constructed, and are reduced by
more than 25% of the live canopy, those trees shall be replaced in another location within
the park.
5 If the use of the site for the Feiro Marine Life Center were to be relocated to a different
site, the solar panels shall be relocated with the marine life center.
Findings
Based on the information provided in the May 11, 2011 Staff Report for SMA 11 -05 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 April 11, 2011 for the construction of a dual purpose
structure to be located in the city waterfront park adjacent to the Feiro Marine Life
Center The structure will act as an awning for weather protection and will support solar
panels that will provide an educational demonstration feature, while acting to supplement
the energy requirements of the Marine Life Center
2. A Determination of Non Significance (#1286) was issued by the City of Port Angeles
SEPA Responsible Official for the proposal on May 1, 2011
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 Open Space in the City's Comprehensive Plan, Central Business
District and Commercial, Arterial in the City's Zoning Ordinance, and Urban Harbor in
the City's Shoreline Master Program.
5 The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Policies A -2, and Utilities and Public Services
Element Policies B -3 4, D -4, the City's Shoreline Master Program's Urban Harbor
designation and Chapter 3, Policies A -1, 3, 10, B -6, D -8, E -2, and G -4, Chapter 4,
Policies B -I 2; K -2, N -1 2, Chapter 5, Policies D -1 and 5, and all associated
regulations.
6. The City's waterfront trail runs east and west adjacent to the project site, which is a City
Park. Public access to the shoreline will not be diminished by the project, and the project
will enhance the public's experience at the waterfront park.
7 Notice of the project was published in the Peninsula Daily News on April 10, 2011
Notice of the proposal was mailed to property owners within 300 feet of the project site
on April 7, 2011 The site was posted on April 19, 2011 No public comments were
Planning Commission Minutes
May 11, 2011
Page 4
received by the Department of Community and Economic Development during the
published public comment period.
8. The site contains mature Lavelle hawthorn trees in the vicinity of the proposed project.
Those trees are providing ecologic services that should not be diminished by the
construction of the project.
9 The solar panels are considered an accessory utility in association with a permitted water
related use. Without the association with the water related use, the solar panels would
not be considered a permitted use in the Urban Harbor environmental jurisdiction.
Conclusions
Based on the information provided in the May 11, 2011 Staff Report for SMA 11 -05 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,
zoning code, and Shoreline Master Program.
B The project will not be detrimental to the shoreline.
C As conditioned, the proposed project will not interfere with public use of lands or waters.
The motion was seconded by Commissioner Bruch, and passed 3 2 with
Commissioners Reiss and Miller voting against the motion.
In concluding the matter, Commissioners concurred that the matter is sponsored by the
City, and as such, it is expected that care will be given to the final placement of the solar panel
array in the very public area where many events are expected, and that consideration be given to
as little disruption to the public function and existing uses of the pier be a first priority It should
be noted that the Commission was concerned that existing vegetation be little disturbed, and if it
is necessary to cut trees, that mature trees be replanted elsewhere on the site.
BINDING SITE IMPROVEMENT PLAN BSIP 11 -01 PORT OF PORT
ANGELES The creation of lease lots in the Industrial Light IL zone.
Planning Manager Sue Roberds reviewed staff's report recommending approval of the
binding site improvement plan (BSIP) with conditions. Mrs. Roberds responded to questions
regarding improvements that will be required along West I8` Street and said that sidewalks will
be completed along the north side of 18` Street with improvement to the street width, but
sidewalks may not be constructed along 18 Street as traffic indicators do not indicate a need for
a sidewalk along the south side of the street. Pedestrian traffic occurs along the south side of the
street. Chair Reiss opened the public hearing.
Steve Zenovic, Zenovic and Associates, 301 E. 6 Street Suite 1 represented Dave
Hagiwara of the Port of Port Angeles who was unable to attend. Mr Zenovic noted that the
number of lots actually being created is 16 (15 lease lots and 1 drainage lot), The lot numbers,
however, the maps reflect both phases I and II of the Airport Industrial Park property Mr
Zenovic briefly explained the stormwater drainage and buffer area function and site development
intentions. He noted that the current site tenants are Angeles Aero Composites and Westport
Shipyards.
Planning Commission Minutes
May 11, 2011
Page 5
There being no further testimony, Chair Reiss closed the public hearing.
Following brief discussion, Commissioner Matthews moved to approve the binding
site improvement plan with the following conditions, findings, and conclusions:
Conditions:
1 Legal descriptions for the 16 lease lots shall be provided on the final mylar
2. Lease lot addresses shall be placed on the final mylar as provided by the City's Public
Works and Utilities Department and approved by the City's Fire Department.
3 The final mylar shall contain information required per Section 16.10 060 PAMC for
submittal of a final plat.
4 The applicant shall provide appropriate easements as required for utilities as required by the
City Public Works and Utilities Department for utilities dedicated to the City Stormwater
drainage shall meet the requirements of the City's Urban Services Standards and Guidelines
and shall be developed as required by the Public Works and Utilities Department.
5 West Eighteenth (18th) Street is a collector arterial street that requires a 40 foot paved width
with curb, gutter, and sidewalk. Additional paved width may be required for channelization
if so indicated by the traffic study Sidewalk shall be constructed to connect sidewalk
segments along the north side of 18th Street opposite the site frontage to complete
improvements along the arterial. Curb, gutter, and sidewalk, at the sole discretion of the
City Engineer, may not be constructed along the south side of West 18th Street abutting the
site for the purpose of stormwater benefits and /or the lack of pedestrian generators on the
south side of the roadway Improvements to "N" Street, if any, shall be as required by the
traffic study
6. All street and utility improvements to be conveyed to the City shall meet all applicable
requirements of the City's Urban Services Standards and Guidelines and all requirements
for acceptance per the PAMC
7 All stormwater facilities regulated by the City's Stormwater Permit shall meet all
applicable requirements of the City's Urban Services Standards and Guidelines and the
PAMC and be reviewed and approved by the City prior to construction.
8. The applicant shall meet requirements of the Fire Department with regard to fire hydrants,
sprinkler systems, fire walls, and alarm systems. Additionally, fire alarm systems will
require that telephone utilities be provided to each buildable lease lot.
9 Consistent with the creation of lease lots within the Airport Industrial site sings 1977, a
significant mature vegetative buffer (75') shall be retained along the entire 18 Street
frontage of the site. The proposal to include necessary stormwater facilities in this area that
are compatible with such a buffer can be approved if managed carefully Trees removed
during the clearing and grading process that results in the creation of the stormwater system
on Lot 20 shall be replaced at a ratio of 2.1 The property owner shall monitor and ensure
Planning Commasmn Minutes
May 11, 2011
Page 6
the survivability of the mature stand of trees /vegetation for the life of industrial use of the
site to ensure adequate buffer between the industrial uses and more residential uses to the
north of the site and shall not reduce the buffer without approval from the City through a
plan approved by the Planning Commission.
Findings:
1 On April 12, 2011, a binding site improvement plan was submitted by Zenovic and
Associates on behalf of the Port of Port Angeles to allow the development of 33 lease lots on
an approximately 24.8 acre parcel of Industrial Light zoned property located on Port property
located south of 18 Street between "N" and "0" Streets.
2. The subject property is identified as Industrial on the Port Angeles Comprehensive
Plan Land Use Map and is legally described as being portions of Suburban Lots 122,
123, 124, 145, 146, 147 and portion of vacated "N" Street adjoining said Lots 122 and
147, in the Port Angeles Townsi4e. The site location is described as being between
"N" and "0" Streets south of 18 Street, north of the Airport runway The subject
property is entirely owned by the Port of Port Angeles.
3 Uses existing in this phase of site development include light industrial manufacturing
uses such as Admiral Aero Composites and the Westport Shipyards cabinet shop.
4 The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State of Washington. Section 58.17 035 provides requirements
that the City is following for binding site improvements plans (BSIP). Chapter
16.10 of the Port Angeles Municipal Code (PAMC) also sets forth local requirements for the
approval of BSIPs. Standards and criteria which must be met prior to approval of a BSIP are
listed in PAMC 16 10 040
5 Public notice of the proposal was placed in the Peninsula Daily News on April 15, 2011, with
notices sent to surrounding property owners. The site was posted on April 17, 2011 No
comments were received during the public comment period.
6 Section 16.10 030(B) PAMC provides that the Planning Commission shall examine BSIP
applications for proposals exceeding 5 acres in size along with written recommendations of
the City Departments, and shall either approve, approve with conditions, or deny the BSIP
within the time requirements of Chapter 18.02 PAMC.
7 Section 16.10 040 PAMC provides standards and criteria for approval of a BSIP Those
standards include the following areas of review
A. Water supply and fire protection facilities must be adequate to serve the BSIP and
comply with the City's Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130
Planing Commission Minutes
May 11, 2011
Page 7
B. Necessary drainage ways or storm drain facilities must be adequate to serve the BSIP
as set, forth in the Comprehensive Plan and Urban Services Ordinance development
standards.
C. Appropriate access to all anticipated uses within the site shall be available.
D Monumentation of all exterior tract corners shall be completed.
E. The provision and dedication of streets and rights -of -way must be adequate to serve the
BSIP and comply with PAMC 16.04 070 and with the Comprehensive Plan and Urban
Services Ordinance, and the Urban Services Standards and Guidelines promulgated
consistent with and pursuant to PAMC 18.08 040 and 18.08.130.
F The BSIP lot arrangement, configuration, and size must comply with the policies of the
Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Comprehensive Plan. The proposed lots must comply with the requirements of the Zoning
Code, Title 17 PAMC, as now enacted or hereafter amended, and PAMC 16.04 070
G The BSIP must be compatible with existing and planned development of the
surrounding area.
K The site must be zoned commercial or industrial and must be integrated, as defined 117
PAMC 16.10.015
1. Appropriate easements and maintenance agreements for shared facilities, including but
not limited to, circulation, parking, utilities and landscaping must be provided.
J When taken as a whole and not considering any interior lot or leasehold lines, the
integrated site must meet all zoning and subdivision requirements.
K Modifications to the minimums zoning standards for individual lots located within the
integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot
dimension shall not be detritnental to the public health, safety and welfare, and shall not
adversely affect the rest of the integrated site or other properties in the vicinity
L. Common improvements necessary to serve any particular phase of development Host be
sufficient for meeting the zoning and subdivision requirements for that phase.
M Access to the integrated site must meet the subdivision ordinance standards. Access
within the site must provide for safe and efficient circulation and must meet Fire
Department access requirements.
N The circulation system must incorporate appropriate provisions and provide
sufficient area for safe pedestrian activity to the site from the street and from building to
building within the site.
O Sign regulations shall be applied to the integrated site as a whole. For example, the
number offreestanding signs allowed shall be based upon the BSIP as a site. Individual
ownerships within the integrated site shall not be considered separate sites in determining
the number of freestanding signs allowed.
P Landscaping design standards shall be maintained as required in the underlying
zoning development standards
Q Land clearing /grading shall be performed in compliance with the City's
Clearing /Grading /Filling Ordinances. Land that contains environmentally sensitive and
critical areas shall only be developed under the City's regulations for development in those
areas.
R. Each proposed BSIP and the ultimate use of the land therein shall be in the interests of
the public health, safety, and welfare, and applicants shall present evidence to this effect
when requested.
S. Whenever there is a discrepancy between rninimnum standards or dimensions noted
per the PAMC.
10 The Fire Department requires that the applicant must provide adequate details for future fire
hydrant locations. Each subsequent structure will require a sprinkler system. Fire alarm
systems will require a telephone line, and access routes shall be made known to the Fire
Marshall.
11 The proposal has been reviewed with respect to the Comprehensive Plan. Although the entire
Plan was reviewed with regard to the application, the following Comprehensive Plan policies
are found to be most relevant to the proposal. Growth Management Element Goal A, Land
Use Element Goal A, Policy A.2, Goal G, Goal H, Policies H.1, H.3, and H.4, Economic
Development Element Goal A, Policies A.1, A.2 and A.4
12. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element) at the time of development. All
utilities including potable water, sanitary waste, and refuse collection are available in the
area. Required utilities are available to the site and will be extended as required to serve each
lot. An easement will be required for power The Comprehensive Plan recommends that new
services should be underground.
13 The site will be serviced by the City's Police, Fire, and Public Works and Utilities
Departments.
14 Per 16 10 070 PAMC, prior to the issuance of a building permit for construction within a SIP,
all improvements required to adequately service that portion of the BSIP for which the
Planning Commission dlmutes
May 11, 7011
Page 8
herein and those contained in Zoning Regulations, Building Codes, or other official
Regulations, the more restrictive standard shall apply
T A description of the facilities shared by the development complex of mixed
commercial and/or industrial businesses shall be provided and the system of common
management of those facilities shall be described on the face of the final mylar
8. The Port Angeles Department of Community and Economic Development, Public Works and
Utilities, and Fire Departments reviewed the Port of Port Angeles BSIP proposal and had no
objections. Their comments were included in the review of the application. Development of
individual lease lots will require individual development permits.
th
9 West Eighteenth (18 Street is a collector arterial street that requires a 40 foot paved
width with curb, gutter, and sidewalk. Additional paved width may be required for
channelization if so indicated by the traffic study Sidewalk will be constructed to
th
connect sidewalk segments along the north side of 18 Street opposite the site
frontage to complete improvements along the arterial. Curb, gutter, and sidewalk at
the sole discretion of the City Engineer, may not be constructed along the south side
th
of West 18 Street abutting the site for the purpose of stormwater benefits and /or the
lack of pedestrian generators on the south side of the roadway Improvements to "N"
Street, if any, shall be as required by the traffic study All street and utility
improvements to be conveyed to the City shall meet all applicable requirements of the
City's Urban Services Standards and Guidelines and all requirements for acceptance
Planning Camnnsston Minutes
Nay 11, 9011
Page 9
building permit will be issued shall be installed. Approval for improvements and
finalization of specific individual commercial or industrial lots shall be done
administratively
15 A Determination of Nonsignificance was issued for the proposal on April 15, 2011 by the Port
of Port Angeles. A traffic addendum was submitted on May 2, 2011, as requested by the City
The City of Port Angeles has accepted the DNS issuance as the local agency of jurisdiction
thereby satisfying the City's responsibilities under the State's Growth Management Act SEPA
(WAC 197 -11).
16 The initial 1977 development plan for the industrial park area required the dedication and
maintenance of a 75 -foot buffer along the entire site frontage of 18 Street of mature
vegetation. That buffer requirement will remain in place with this proposal to provide a
significant buffer between the light industrial park activities and residential properties to the
north. Stormwater for the proposed site development will be partially handled within the
buffer area. This is possible with careful design in creation of the stormwater area and will
result in a detention area at the south side of the vegetated buffer area. It will be necessary
to remove approximately some of the mature trees to create stormwater area, which will be
done on Lot 20 Those trees will be replanted at a minimum ratio of 2.1 to encourage
revegetation of the area as intended. The Port will monitor the area to ensure survivability
of the newly planted trees such that the goal of re establishing the reduced buffer is attained.
Conclusions:
A. The proposed BSIP is consistent with the Port Angeles Comprehensive Plan and Zoning
Code.
B. As conditioned, the proposal is consistent with the Chapter 16.10 PAMC, and the
Washington State Subdivision Act, Chapter 58.17 RCW Appropriate provisions are
available or will be constructed for the public health, safety and general welfare.
C As conditioned, the public interest is served in the binding site improvement planning of the
property as articulated in the City's Comprehensive Plan, Subdivision, and Zoning
Ordinances. The Port of Port Angeles binding site improvement plan provides for industrial
development within the City of Port Angeles consistent with the Growth Management Act.
D Review of subsequent development activities is required and will ensure adherence to local
building and development regulations.
E. As conditioned, the mature vegetative buffer required through prior BSIP approvals will be
retained and will be protected throughout the period of industrial use of the subject property
thereby providing a buffer between the site and residential uses to the site, which is in the
public interest as it enables full development of the light industrial site in concert with
nearby residential properties.
Commissioner Boyle seconded the motion, which passed 5 0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Minutes
Alay 1!, 2011
Page 10
STAFF REPORTS
Associate Planner Johns reported that the latest round of facade and sign grant applications have
been reviewed and are being organized for Commission review Sue Roberds asked if
Commissioners would be available for a workshop to review the applications to enable those
awarded funds to move forward with their projects rather than have to wait for an additional two
weeks. Commissioners said they would be willing to meet on May 18.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7 p.m.
Sue Roberds; ecretary Doc Reiss, Chair
PREPARED BY S. Roberds