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HomeMy WebLinkAboutMinutes 08/24/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 24, 2011 6:00 p.m. Members Present: Nancy Powers, Amanda Anderson, David Miller, John Matthews, Tim Boyle Sissi Bruch, Members Excused. Doc Reiss Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood Public Present: Samuel Bradbury, Jesse Waknitz, Traci Nelson PLEDGE OF ALLEGIANCE Vice Chair Matthews opened the regular meeting at 6 p.m. and led the Pledge of Allegiance APPROVAL OF MINUTES Commissioner Bruch moved to approve the August 10, 2011, regular meeting minutes. The motion was seconded by Commissioner Anderson and passed 4 1 with David Miller abstaining due to absence from the meeting. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -08 PORT OF PORT ANGELES, Maritime Services 937 Boat Haven Drive: Proposal to develop a maritime security support use on the shoreline within the Port Angeles Boat Haven. Associate Planner Scott Johns reviewed the staff report recommending approval of the shoreline substantial development permit with conditions. Mr Johns responded to questions from Commissioners regarding the proposed use. In response to questions from Commissioner Bruch, Mr Johns responded that the site is zoned Industrial Heavy and that staff is recommending shore pine be used for landscape screening in the shoreline environment along the shoreline portion of the site. There is no distinction in Code as to what is to be screened and there does not appear to be a need to screen the use from the interior of the site as it is largely developed with asphalt as a driveway to the main Port office in the area and other dry dock functions which are adjacent to the subject area. The landscaping condition is intended to buffer the storage structures and office use from the water Commissioner Bruch suggested that as much landscaping as is feasible be placed along the south side of the subject area to buffer view of the storage structures from other recreational uses in the area and from pedestrians using the Waterfront Trail. Anything that can be done to upgrade the atmosphere in the area should be done. Plann,ng Coamuss,on Minutes August 24, 2011 Page 2 Commissioner Miller agreed that attractive fencing would be an improvement as well as landscaping but noted that trees along the inside of the jetty would likely not be a good idea because they would eventually block the view of the jetty area from marina users who need to be aware of activities in the area. Trees could be a distraction. In response to Commissioner Matthews, Mr Johns responded that all of finger pier A/B would be used by maritime security personnel and would be gated such that it would be unavailable for public use. Vice Chair Matthews 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. He then reviewed the quasi judicial public hearing procedures for audience members. No issues were noted. Vice Chair Matthews opened the public hearing. Jesse Waknitz, Environmental Technician, Port of Port Angeles responded to Commissioner Powell that the vessels docked on finger pier A/B will be between 60 65 feet in length. Mr. Waknitz indicated that landscaping along the south side of the subject area is a possibility In response to Commissioner Miller, Mr Waknitz assured Commissioner Miller that use of the finger pier would not conflict with the dry dock function in that same area of the marina as the pier is approximately 700' in length and the lease area is approximately 550' to 600' Commissioner Bruch questioned Mr. Waknitz regarding the fencing proposed for the upland use and strongly suggested that the Port consider augmenting its proposal to include additional screening of the storage container /office use area. Mr Waknitz understood the direction being given. There was discussion regarding the term of the Port's lease with the Navy in this matter and it was determined that although the Port would prefer a long term lease, it does not control the Navy's plans. Things may change. There being no further discussion, Vice Chair Matthews closed the public. hearing. Commissioners continued to discuss the need to screen non recreational uses in the marina area from view and that the marina needs landscaping. Commissioner Miller moved to approve the shoreline substantial development permit citing the following conditions, findings, and conclusions with Condition #6 added due to discussion during the public hearing process as well as revision to Finding 10• 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. The applicant shall remove unused items from the subject location including empty barrels, the truck trailer box, abandoned lumber, and equipment from the jetty and store or dispose of those items in an appropriate location outside of the shoreline jurisdiction. 3 The structures to be placed on the jetty shall be no closer than 10 feet from the Ordinary High Water Mark (OHWM). 4 An area six (6) feet wide beginning at the west end of the subject building extending 90 feet to the east shall be landscaped to screen views of the new structures shall be located between the Strait of Juan de Fuca and the structures. The landscaped area shall be Planning Cotnnusston Minutes August 24, 2011 Page 3 planted with native shore pine trees (or other tree approved by the city) and shall include native beach environment plants. No fewer than five (5) trees shall be planted and the trees shall be placed no more than 25 feet on centers. Trees shall be a minimum of 4 feet in height when planted. Generally acceptable planting practices shall be utilized to ensure long term plant survivability 5 If any items suspected to be historical or archaeological in nature are observed during any phase of construction, the activity must stop and the City Archaeologist must be contacted for further direction before ground disturbing work resumes. The City Archaeologist may conduct a site visit to inspect the ground disturbing actions. 6. A fence shall be constructed to screen the container structure that includes landscaping to complement the view Findings Based on the information provided in the August 24, 2011 Staff Report for SMA 11 -08 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 Port of Port Angeles, on July 8, 2011 The proposal is for modifications to the Boat Haven Marina to fill the needs of an independent private contractor who will be taking a security escort support roll for the U S. Navy operating in the Strait of Juan de Fuca. The modifications include the addition of support structures, remodel of an existing building, security fencing, reorganized parking, and connection to utilities located on the east jetty area of the Boat Haven Marina. A security gate is also proposed for the A/B float where moorage will be leased for up to six patrol type boats. The A/B float is located at the most southeast section of the marina. The Port of Port Angeles is the property owner 2. A parking area for six vehicles will be developed and the portion of the site being developed will be enclosed with a security fence. Best management practices will be incorporated to address potential erosion and water quality impacts from the construction. 3 A Determination of Non Significance was issued by the Port of Port Angeles SEPA Responsible Official for the proposal on June 30, 2011 4 The Port Angeles Shoreline Master Program, Comprehensive Plan Land Use Map, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. This review acts as the floodplain review for this project. 5 The site is designated Industrial on the City's Comprehensive Plan Land Use Map, Industrial Heavy (IH) on the City's Zoning Map, and Urban Harbor in the City's Shoreline Master Program. 6. Shipping containers used for storage purposes are listed as a permitted use in the Industrial Heavy zone. 7 The Shoreline Master Program indicates that no shoreline setback is required for non- residential water- dependent buildings. A 10 -foot setback is required for non residential water- related /water enjoyment structures, however. Planning Commission Minutes August 2J. 2011 Page 4 8. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2, and Economic Development Element Policy A -14, the City's Shoreline Master Program's Urban- Harbor designation and Chapter 4, Policies B -1 and 2, D -1, I -1 through 3, J -1 through 3, and K -1 &2, Chapter 5, Policies D -1, 3, 4, 5, and 10, and Chapter 6, Policies B -3, E -1 through 3, and all associated regulations. 9 The City Archaeologist has reviewed the construction plans and determined that the permitted ground disturbing project is located in an area of fill and previous disturbance. Since the project is unlikely to encounter archaeological resources given its separation from soils designated with medium or high archaeological probability an on -site archaeological monitor or additional archaeological investigation is not required. The Lower Elwha Klallam Tribe Archaeologist was notified of the project and agreed that no further review is needed. 10 The Boat Haven Marina supports a variety of recreational uses associated with boating. No specific formal recreational facilities are located in the immediate vicinity of the proposed project. The proposed project will not deteriorate or detract from existing recreational uses or appearance in or around the marina, or hinder future uses. 11 Notice of the project was published in the Peninsula Daily News on July 18, 2011 Notice of the proposal was mailed to property owners within 300 feet of the project site on July 14, 2011 The site was posted on July 14, 2011 No written comments were received during the public comment period. Conclusions Based on the information provided in the August 24, 2011 Staff Report for SMA 11 -08 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 use as conditioned, is consistent with the City's Comprehensive Plan and Land Use Map, Shoreline Master Program, and zoning ordinance. B As conditioned, the project will enhance the shoreline environment along the Port Angeles Harbor shoreline by the inclusion of riparian vegetation. C. As conditioned, the proposed project will not interfere with public use of lands or waters nor detract from future recreational use of shoreline areas and is therefore in the public interest. The motioned was seconded by Commissioner Powers and passed 6 0. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Alnutes August 24. 2011 Page 5 STAFF REPORTS FACADE GRANT AWARDS Assistant Planner Roberta Korcz presented a brief summary of the two facade grant awards remaining to be acted upon. Counhy Aire and the Olympic Yoga Center Country Aire was granted a $10,000 award for entire frontage improvements; Olympic Yoga Center $6,127.50 was granted monies for painting and an awning. Award approvals are for a 6 month period. Commissioner Powers moved to approve both of the facade awards as presented. Commissioner Anderson seconded the motion that passed 6 0. COMMUNICATIONS FROM THE PUBLIC Revisited A member of the audience, Samuel Bradbury 511 E. 9 Street, Port Angeles, asked if he could ask some questions regarding the Maritime Security use. He was not aware that he could speak during the public hearing. He asked about the purview of the Planning Commission and staff in general and how that authority extended to land use permits in general. He asked what the Port of Port Angeles does and why they are proposing the use. Staff and Commission members answered Mr Bradbury's questions and encouraged him to stop by the Department of Community Economic Development any time he had questions regarding local government functions. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7 15 p.m. PREPARED BY S. Roberds John Matthews, ice Chair