HomeMy WebLinkAboutMinutes 05/25/2011ROLL CALL
Members Present:
Members Excused.
Staff Present:
CONTINUED ITEMS:
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 25, 2011
6:00 p.m.
John Matthews, Doc Reiss, Tim Boyle, David Miller
Nancy Powers, Sissi Bruch, One Vacancy
Sue Roberds, Scott Johns, Nathan West, Roberta Korcz,
Eric Walrath, Bill Bloor
Public Present: Dr. David Kendall, Dr Lionel Klikoff, Kay Kassinger, Paul
Cronauer
PLEDGE OF ALLEGIANCE
Chair Reiss opened the meeting and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Miller moved to amend the April 27, 2011, minutes, as requested by
the applicant to read that "All new structures will be built to a LEED silver standard or equal."
Commissioner Boyle seconded the motion that passed 4 0.
Commissioner Matthews moved to approve the May 11, 2011, minutes as presented.
Commissioner Boyle seconded the motion that passed 4 0.
Chair Reiss noted that the agenda items would be reordered to dispense with items that
would not be heard during the meeting first.
PLANNED RESIDENTIAL DEVELOPMENT MT. ANGELES VIEW
SUBDIVSION, between Lauridsen Boulevard and Park Avenue and Eunice Street
and Peabody Creek. (The public hearing was closed for this item on May 11
Staff noted that the applicant is requesting to continue to address the Commission particularly on the item
of right -of -way dedication. Director West agreed that substantial changes are being proposed such that
staff agrees with the applicant that further discussion should occur, and as such, the public hearing should
be reopened. Commissioner Matthews moved to reopen the public hearing and continue the matter
to June 22, 2011, directing staff to republish for a June 22 public hearing. The motion was
seconded by Commissioner Boyle and passed 4 0.
Planning Commission Minutes
May 25, 2011
Page 2
PUBLIC HEARINGS:
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA
11 -05 CRONAUER, 115 E. Railroad Avenue: Proposal to install
mooring buoys place rip rap, construct an amphitheater and create tide
pools in the shoreline area. (This item is to be continued to June 8.)
Chair Reiss read the qualifying questions for Commissioners regarding Appearance of
Fairness matters. All Commissioners responded for the record that they had no Appearance
Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures
for audience members and opened the public hearing. Staff indicated that the matter should be
continued to the next regular meeting of the Commission to allow SEPA processing timelines to
expire. Commissioner Boyle moved to continue the public hearing to June 8, 2011, 6 p.m.
The motion was seconded by Commissioner Miller and passed 4 0.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA
11 -07 DEPARTMENT OF NATURAL RESOURCES
Approximately 3.25 miles north of Ediz Hook in the Strait of Juan de
Fuca: Proposal to dispose of dredge materials over an 884 acre site.
Chair Reiss read the qualifying questions for Commissioners regarding Appearance of
Fairness matters. All Commissioners responded for the record that they had no Appearance
Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures
for audience members and opened the public hearing.
Associate Planner Scott Johns reviewed the Department Report recommending
approval of the shoreline substantial development permit. Mr Johns responded to questions as
to why the previous permit expired by saying that although an application was approved in 1989,
the site was not used and so the permit authorization expired 5years after issuance.
Dr. Lionel Klikoff Ph.D represented the Department of Natural Resources as the
property owner by requesting approval of the permit and introduced Dr. David Kendall Ph.D
from the Army Corps of Engineers who was present to speak to the application. Dr Kendall
used a Power Point presentation to provide background and indicate procedures for the deep
water disposal of dredge materials indicated the practice that has been perfected over the past 23
years that has been overseen by the Department of Ecology, the Department of Natural
Resources, Army Corps of Engineers, and the Environmental Protection Agency Dr Kendall
responded to a series of questions as to how the dredge disposal materials are analyzed to
determine if they can be disposed of at disbursive or non disbursive sites. Testing at various
disposal sites throughout the state indicate that there has been no sediment degradation and the
benthic community remains robust. No negative impacts have been observed at disbursive sites
including the subject site. Regular field verification is done that proges that the program ha
behanved as expected for the past 22 years. Although there is no current schedule to use the site,
the application is intended to ensure that th site will remain available if needed.
'Responding to Commissioner Matthews, Dr Kendall noted that the site may be needed
for the upcoming Elsha Dam removal. The applicant is responsible for testing materials prior to
disposal and the cost is fairly expensive.
In response to .a wuestion from Commissioner Miller, it was noted that the site will not be
used during fish migration periods.
Planning Commission Adulates
Alai' 25, 2011
Page 3
Paul Cronauer, 806 Milwaukee Drive, Port Angeles asked what the receiving capacity
of the site is. Dr. Kendall responded there is no capacity as the site is disbursive meaning that
materials do not remain on the site but are disbursed in tidal cycles.
There being no further testimony, Chair Reiss closed the public hearing.
Commissioner Boyle moved to approve the shoreline substantial development
permit citing the following conditions, 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 Washington State Department of Natural Resources shall annually provide to the
City of Port Angeles Community and Economic Development Department the following
information.
a. The dates and times of all disposal events at the site;
b A copy of the test data of the dredged material, including an interpretation of the
data;
c. A description of the physical properties of the dredge materials with a description
of the site from which the material was dredged; and
d. The name of the dredging contractor and the tug captain.
3 The Department Of Natural Resources shall within ten (10) days of an event, notify the
City of Port Angeles Community and Economic Development Department of any
violation of the Department of Natural Resources Dredged Material Disposal
Requirements.
Findings
Based on the information provided in the May 25, 2011 Staff Report for SMA 11 -07 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 Washington State Department
of Natural Resources, on April 1, 2011 for the continuation of the 1989 approved
shoreline substantial development permit for the Dredge Material Management Site
(DMMP) dredge disposal site.
2. A Determination of Non Significance (DNR file #11-022301) was issued by the
Department of Natural Resources for the proposal on February 23, 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 does not carry a designation in the City's Comprehensive Plan, nor a zone
designation in the City's Zoning Ordinance. The site is designated as Aquatic
Conservancy in the City's Shoreline Master Program.
Planning Commus,on Minutes
Mav25 2011
Page 4
5 Chapter 5 of the City's Shoreline Master Program does not list dredge material disposal
as either permitted or prohibited as a use in the Aquatic Conservancy area, however, note
#13 of the Development Standards Matrix specifically states that "dredge material
disposal according to PSDDA management plan is an approved activity
6. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Goal A, Policy No. 2; the City's Shoreline
Master Program's Aquatic Conservancy designation and Chapter 4, Policies A -1 and 4,
C -1 and 0-1, and Chapter 5, Policies G -6 and 8, and all associated regulations.
7 Notice of the project was published in the Peninsula Daily News on April 13, 2011
Notice of the proposal was mailed to property owners within 300 feet of the project site
on April 11, 2011 The site was posted on April 11, 2011 One public comment was
received by the Department of Community and Economic Development.
Conclusions
Based on the information provided in the May 25, 2011 Staff Report for SMA 11 -07 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 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.
Commissioner Miller seconded the motion that passed 3 1 with Commissioner
Matthews voting against the motion. Commissioner Matthews voted against the motion due to
the testimony that the site is not currently needed and there does not appear a rush to use the site.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
lst Round of Facade and Sign Grant Application reviews
Assistant Planner Roberta Korcz announced that the first round of Facade and Sign Grant
applications have been received for 2011 Twelve (12) applications were received. Staff is
recommending approval of 3 applications for a total award of $20,434 Additional discussion will be had
with some of the remaining applicants to determine if further information will reveal eligibility for
funding. Ms. Korcz indicated that the degree of visibility, commercial use, potential increase in property
value, and ability to proceed are elements of review of each application for funding.
Director Nathan West provided an update on the City Council's consideration of using a
Hearing Examiner An audit conducted by the Washington Cities Insurance Authority resulted in finding
that a Hearing Examiner should be considered to hear land use issues thereby freeing the Planning
Commission to become more involved in legislative issues that are often set aside due to workload. The
City Council has directed the Department to move forward with the Hearing Examiner process.
Plmnnng Comnuss,on A- f,nuies
May 25, 2011
Page 5
Urban Canopy Assessment
Associate Planner Scott Johns provided an update on the City's Urban Tree Canopy
Assessment program by presenting a short Power Point presentation. The tree canopy analysis identified
a 23% tree canopy cover within the city A tree canopy cover of 40% is recommended by the
International Society of Arboriculture and American Forests. Commissioners discussed various
opportunities for increasing tree canopy and a desire to do so. Mr Johns noted that the type of tree is
even more important than the number of trees.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7 45 p.m.
PREPARED BY S. Roberds
Doc Reiss, Chair