Loading...
HomeMy WebLinkAboutMinutes 06/08/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 8, 2011 6:00 p.m. Members Present: John Matthews, Tim Boyle, Nancy Powers, Doc Reiss, Sissi Bruch, David Miller Members Absent: None one vacancy Staff Present: Scott Johns, Heidi Greenwood, Roberta Korcz, Sue Roberds Public Present: Mike Gentry, Denise Brennan, Doug Timmons, Paul Cronauer (by phone) APPROVAL OF MINUTES Commissioner Bruch moved to approve the May 25, 2011, regular meeting minutes as written. The motion was seconded by Commissioner Miller and passed 5 0 with Commissioner Powers abstaining due to excused absence from that meeting. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -06 CRONAUER, 115 E. Railroad Avenue: Proposal to install mooring buoys and create tide pools in the shoreline area. (This item is continued from May 25 2011.) Chair Reiss read the qualifying questions for Commissioners regarding Appearance of Fairness matters. All Commissioners responded for the record that they had no Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No issues were noted. Associate Planner Scott Johns reviewed the Department Report and used a Power Point presentation to describe site development components. He responded to a question from Commissioner Bruch as to the location of the proposed tide pools and how public access to those pools would be provided. Commissioner Bruch asked about the chemical content of the concrete. Mr Johns noted that the shoreline permit does not deal with specifics of the development other than the land use aspect. He noted that the Departments of Fisheries and Wildlife and Natural Resources and Army Corps of Engineers will fully review the proposed development plans if the land use is permitted, and will address those types of specialized development issues. In response to a question as to whether the ability to allow mooring balls would add to the pollution of the Harbor, Planning Manager Roberds noted that the Harbor is a public harbor where vessels currently are permitted to anchor in public areas. The only difference from what is being proposed, with regard to anchoring, than from what is currently permitted on a daily basis, is that mooring balls will be provided such that anchors would not be used. This would lessen the impact to the Harbor floor and specify where vessels could be moored. Planning Cotnansnan Minutes June 8, 2011 Page 2 In response to Commissioner Matthews, Planning Manager Roberds noted that the site dock is not currently accessible to the public. The property owner is currently repairing the facility and until those repairs have been inspected and approved, only construction personnel may use the dock. In response to Commissioner Boyle, Planning Manager Roberds indicated that no utilities are not available for vessel moorage at the City's Municipal Pier Chair Reiss opened the public hearing. Michael Gentry, 115 East Railroad Avenue thanked the Public Works Department for its interest in renewable energy projects. He then presented a Power Point presentation indicating development concepts and asked that the Commission approve the shoreline substantial development application. Paul Cronauer, P.O. Box 282, Port Angeles, WA was available by phone. Mr Cronauer thanked the Commissioners for consideration of the application and stated that he is looking forward to providing moorage for large visiting yachts at his dock. The plan allows for 3 medium vessels rather than 1 large vessel. In responding to a question from Commissioner Reiss, Mr. Cronauer explained his concept of how the tide pools should be developed being similar to the function of the tide pools at the Seattle Aquarium cascading rather than ponding. He agreed that there is no currently no connection with the Feiro Marine lab function but he hopes to work jointly with the Marine lab in the future on aquatic projects. Discussion continued with regard to development of the tide pools and it was noted that final design would depend on further permitting through reviewing agencies. Doug Timmons, 814 Milwaukee Drive has enjoyed tide pool attractions in other areas. He suggested the application should be approved. There being no further comment, Chair Reiss closed the public hearing. Planning Manager Roberds responded to a question from the Commission regarding process by stating that the applicant is following proper procedure by obtaining the local permitting initially and then proceeding with subsequent permit approvals from agencies with expertise and jurisdiction in specific development proposals. It is unlikely other agencies will proceed with their processes without initial local approval. The Planning Commission's purview is only the land use component of the matter, not how a project is engineered. The project will receive scrutiny from the Departments of Natural Resources, and Fish and Wildlife, and Army Corps. Associate Planner Scott Johns responded to a question as to whether staff had experience with any similar uses by saying that he had been on contact with staff in Port Townsend regarding a tide pool project. In that instance, the pool area had become contaminated with trash without direction as to who would be responsible for maintenance. A condition could be added to ensure that doesn't occur if the Commission feels it is appropriate. Following continued discussion, Commissioner Powers moved to approve the mooring balls and tide pool portions of the shoreline substantial development permit application citing 8 conditions, 16 findings, and 3 conclusions in support of that action, while denying the amphitheater portion of the application because it is not supported by the property owner, and the quarry spall placement is exempt as repair and maintenance. The following conditions, findings, and conclusions were cited: Planning Commission Minutes June 8, 2011 Page 3 Conditions 1 The applicant is responsible for obtaining all necessary permits from local, state and federal agencies. Verification of permit issuance, including agency conditions, shall be supplied to the city prior to beginning any site alteration or construction. 2. Mooring buoys shall be equipped with midline floats per Department of Natural Resources and Washington State Department of Fish and Wildlife standards. 3 Information showing the location of the mooring buoys, the depth of water at the location of the buoys, and the maximum draft of vessels using the moorings shall be provided in scaled construction drawings. The specific location of the mooring buoys shall be approved by Washington State Department of Natural Resources prior to placement and registered with the Department of Natural Resources after placement. 4 The mooring buoys shall be placed in a such a manner to eliminate vessel grounding and impacts from prop wash and ensure there is no need for future dredging. 5 Construction of artificial tide pools shall not result in an increase in shoreline hardening nor in any expansion of the upland foot print of the site. 6 The placement of quarry spalls or other rock to maintain and repair the existing armored shoreline shall not result in an increase or expansion of fill areas in the Port Angeles Harbor 7 The pump intake for the tide pools shall be fitted with a fish screen to prohibit the intake of migratory salmon fry or other small animals. 8. The applicant shall be responsible for all maintenance repair, or other actions necessary for proper function of the tide pools and shoreline area. If the pools are required to be removed, the applicant shall be responsible for such removal and restoration. Findings Based on the information provided in the June 8, 2011, Staff Report for SMA 11 -06 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 Paul Cronauer, owner of the Landings Mall, on April 7, 2011, for the addition of new quarry spalls on the existing shoreline armoring (an exempt project), the placement of three (3) mooring balls on the east side of the pier, the covering of the existing rip rap revetment on the northeast corner of the site with sprayed -on concrete to create artificial tide pools, and for the construction of concrete terraces around the Peabody Creek estuary shoreline. 2. A portion of the proposed work would occur on property not owned by the applicant. The property owner did not sign the application materials and is not interested in becoming a party to the project. 3 A Determination of Non Significance #1287) was issued by the City of Port Angeles SEPA Responsible Official for the proposal on May 23, 2011 Planning Commission Minutes June 8, 2011 Page 4 4 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5 The site is designated Commercial in the City's Comprehensive Plan, Central Business District in the City's Zoning Ordinance, and Urban- Harbor and Aquatic Harbor in the City's Shoreline Master Program. 6. Adding additional armoring materials similar to existing shoreline armoring is considered normal maintenance and repair and is exempt from shoreline permitting as long as the armored area does not increase in area. 7 Chapter 5 of the City's Shoreline Master Program indicates boating facilities, including mooring buoys, are permitted uses in the A -H designation. 8. Washington State Department of Natural Resources standards for State -owned aquatic lands require that existing bank armoring on state -owned lands must be replaced with softer (less intrusive) shoreline protection systems when the armoring system is being replaced. 9 Washington State Department of Natural Resources requires registration of all mooring buoys sited on state -owned aquatic lands. 10 The location of mooring buoys is in an area that is thought to be deep enough to ensure that moored boats will not be allowed to ground at low water levels. 11 The following adopted City policies are most relevant to support the proposed project: Comprehensive Platt Land Use Element Policies F -1, Conservation Element Policies A -1, B -1, 2, 9, 10, D -1, 3, Economic Development Element Policies A -3 6, and B -1, the City's Shoreline Master Program Urban Harbor and Aquatic Harbor designations and Chapter 4, Policies B -1, D -1, E -2, I 1 -4 and K -1, 2, 3, Chapter 5, Policies D -1, 5, and 10, F -1 3 5, and Chapter 6, Policies B -I, 2, 3, and Chapter 7, Policy B -2, 4, 5, and all associated regulations. 12. The City's waterfront trail runs east and west along the south boundary of the project site. No changes to the trail are proposed and no adverse impacts to trail users is anticipated. 13 Notice of the project was originally published in the Peninsula Daily News on April 13, 2011, mailed to property owners within 300 feet of the project site on April 11, 2011, and the site was posted on April 11, 2011 14 The Planning Commission opened a public hearing on this item at its May 25, 2011, regular meeting and continued the public hearing to June 8, 2011, in order to fulfill the time requirements of WAC 197- 11- 340(2)(a) (the SEPA process). 15 The site is located in an area of known salmon migration. 16. Application materials identify conceptual ideas for tide pool development without providing specific scientific data. Discussion with Army Corps of Engineers and the Department of Fish and Wildlife personnel regarding similar tide pool development in this area indicated that such development has not been successful without due to maintenance issues. Planning Commission Minutes June 8, 2011 Page 5 Conclusions Based on the information provided in the June 8, 2011, Staff Report for SMA 11 -06 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 of Port Angeles Comprehensive Plan and Shoreline Master Program. B. Permitted portions of the project will not be detrimental to the shoreline as conditioned and will facilitate additional public enjoyment of the shoreline area as the project will enhance public access to the shoreline environment and will not interfere with public use of lands or waters. C As conditioned, the tide pools will be maintained by the applicant. If the tide pools are not a success and required to be removed, the area will be restored by the proponent to ensure future use of the property in an acceptable manner The motion was seconded by Commissioner Matthews and passed 6 0. STREET VACATION PETITION STV 11 -02 PORT OF PORT ANGELES, Portion of unopened 19 Street east of "0" Street within the Airport Industrial Park. Planning Manager Sue Roberds reviewed the Department Report and used a Power Point presentation to describe the area and development surrounding the right -of -way Chair Reiss opened the public hearing. Jesse Waknitz, Port of Port Angeles, P.O. Box 1350, Port Angeles was present for questions. There being no further comment, Chair Reiss closed the public hearing. Commissioner Bruch moved to recommend approval of the street vacation as proposed citing the following condition, findings, and conclusions in support of the motion: Condition. 1 The subject right -of -way shall be vacated concurrent with final of BSIP 11 -01 when dedication of area abutting the right -of -way will be dedicated to create the required cul -de -sac turn around as shown on Exhibit `B" to the staff report for STV 11 -02. Planning Commission Minutes June 8, 2011 Page 6 Findings: 1 A petition requesting vacation of a portion of right -of -way dedicated to the City of Port Angeles under Auditor's File #1029672 in 1999, located in Suburban Lot 123, was submitted by the Port of Port Angeles on May 11, 2011 2. The procedure for consideration of vacation of rights -of -way is set forth in RCW 35 79 RCW 35 79 requires the signature of two thirds of the abutting property owners in order for a petition to be considered valid when a vacation of right -of -way is proposed. The Port of Port Angeles is the owner of 100% of the abutting property 3 The subject area is zoned IL, Industrial Light. The IL zone is a zone intended to create and preserve areas for industrial uses that are largely devoid of exterior nuisances in close proximity to airports and highways. 4 The subject right -of -way is an undeveloped portion of 19 Street that was dedicated to the City of Port Angeles in 1999 under Auditor's File #1029672 to serve lease lots approved for development through a binding site improvement plan (BSIP) at that time. The right -of -way is undeveloped as are most of the lots that the right -of -way was intended to serve. 5 A BSIP, submitted to the City on April 12, 2011, proposed development of property within the Airport Industrial Park adjacent to the originally approved BSIP site. That development proposal identifies the reconfiguration of the subject 19` Street right -of- way to create a cul -de -sac rather than a dead end into a newly created lease lot. The reconfiguration requires an initial vacation action with subsequent dedication of additional area through the BSIP The BSIP was preliminarily approved by the Planning Commission on May 11, 2011 6. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. Intended development of the site is industrial. 7 The Port Angeles City Council's Real Estate Committee met on June 6, 2011, to review the matter No compensation will be charged for the right -of -way as subsequent dedication of right -of -way will be provided to serve the purpose for which the original dedication was intended. 8. The vacating of a street is categorically exempt from a State Enviromnental Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 9 The site was posted regarding the proposed land use action on November 4, 2010 No written public comment was received prior to the public hearing that was scheduled for a special meeting before the Planning Commission on November 17, 2010 10 Pertinent issues analyzed in review of the petition are as follow Traffic Patterns Established traffic /access patterns in the area will not change if the proposed vacation is approved. The right -of -way has not been developed, and lots Planning Commission Minutes June 8. 2011 Page 7 that would have been served by the right -of -way will continue to be served by right of -way that is slightly reconfigured from the original dedication. Utilities. Utilities will not be affected by the vacation. Development Patterns The proposal will not adversely impact existing and will allow for further development in the area with an improved transportation system as a result of the vacation proposal. Environmentally Sensitive Areas There are no environmentally sensitive areas on the site. A required buffer area exists along the frontage of the site (18 Street) that contains a sophisticated storm drainage system for the entire site. That drainage system will not be affected by the vacation. Public Health, Safety and Welfare Vacation of the unused short stretch of right -of- way will facilitate a logical circulation pattern for the area and allow the creation of more reasonably configured lease lots in the new BSIP The vacation action will allow dedication of an effective right -of -way along with the vacation of unused right of -way that will be absorbed into newly created lots thereby making those new lots more viable as well. Vacation will not result in disruption to established use patterns because neither the lots nor the right -of -way to those lots have as yet been developed. 11 At its May 17, 2011, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as June 21, 2011 12. Public notice was placed in the Peninsula Daily News on May 18, 2011, and the site was posted for land use action on May 22, 2011 No written public comment has been received. 13 The Port Angeles Planning Commission conducted a public hearing on the proposed street vacation at its regular meeting of May 8, 2011, and forwarded a recommendation to the City Council for consideration. Conclusions: A. As conditioned, the vacation action will allow the reconfiguration of existing lease lots and future lease lots in the Port Angeles Industrial Park in a logical manner and will facilitate through access between development areas within the Industrial Park. B Access to lots served by the existing right -of -way will not be affected by the vacation action and new lots to be served by the reconfigured right -of -way will be served in an impeded manner consistent with development expected in an industrial zone. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. The motion was seconded by Commissioner Boyle and passed 6 0. STAFF REPORTS None Planning Commission Minutes June 8, 2011 Page 8 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7.30 p.m. PREPARED BY S. Roberds ds, Secretary Doc Reiss, Chair