HomeMy WebLinkAboutMinutes 09/27/2006
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~ORTANGELES
WAS H I N G TON, U. S. A.
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 27,2006
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance led by Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of August 9, 2006 and September 13,
2006
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IV.
PUBLIC HEARINGS:
1. STREET VACATION PETITION - STV 06-06 - HOPFNER. Portion of 6/7
Alley west of Liberty Street: Request to vacate that portion of the 6/7 Alley
abutting Lot 9, Block 212, Townsite of Port Angeles.
2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-05 -
PORT OF PORT ANGELES. 1200 Block Marine Drive: A permit to repair and
replace floats, pilings, piers, and gangways at the Port Angeles Boathaven._
3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-06
NIPPON PAPER INDUSTRIES. 1900 Block Marine Drive: A permit to relocate
power lines and poles in the shoreline jurisdiction.
4. CONDITIONAL USE PERMIT - CUP 06-05 - HUFF. 1033 and 1033 12 W. 12th
Street. A proposal to construct an accessory residential unit in the RS-7
Residential Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS: Staff presentation on Harbor Management Plan
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VII.
REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
~ORT ANGELES
WAS H I N G TON, U. S. A.
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 27, 2006
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance led by Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of August 9, 2006 and September 13,2006
IV. PUBLIC HEARINGS:
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1.
STREET VACATION PETITION - STV 06-06 - HOPFNER. Portion of6/7 Alley
west of Libertv Street: Request to vacate that portion ofthe 6/7 Alley abutting Lot 9,
Block 212, Townsite of Port Angeles.
2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-05 -
PORT OF PORT ANGELES. 1200 Block Marine Drive: A permit to repair and
replace floats, pilings, piers, and gangways at the Port Angeles Boathaven._
3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-06
NIPPON PAPER INDUSTRIES. 1900 Block Marine Drive: A permit to relocate
power lines and poles III the shoreline jurisdiction.
4. CONDITIONAL USE PERMIT - CUP 06-05 - HUFF. 1033 and 1033 Yz W. 12th
Street. A proposal to construct an accessory residential unit in the RS- 7 Residential
Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS: Staff presentation on Harbor Management Plan
VII. REPORTS OF COMMISSION MEMBERS
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VIII.
ADJOURNMENT
PLANNING COMMISSIONERS Chene Kldd (Chair), Dave Johnson (VIce ChaIr), KeVin Snyder, John Matthews, Stanley Hams, Werner BeIer, Doc ReISS
PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Planmng Manager, Nathan West, Pnnclpal Planner, Scott Johns, ASSOCIate Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 27, 2006
6:00 p.m.
ROLL CALL
Members Present:
Cherie Kidd, Kevin Snyder, John Matthews, Stan Harris
and Wemer Beier
Members Excused:
Dave Johnson, Doc Reiss
Staff Present:
Nathan West, Scott Johns
Public Present:
Ed Hopfner, Susan Bauer, Ralph Renes, Jackie Griffith,
Justin Huff
APPROVAL OF MINUTES
The approval of the August 9, 2006J regular meeting minutes was continued to the next
regular meeting of the Planning Commission due to a lack of quorum of those represented at the
August ~ 2006, meeting.
Commissioner Matthews moved to approve the September 13, 2006, regular
meeting minutes. The motion was seconded by Commissioner Beier and passed 4 - 0, with
Commissioner Snyder abstaining due to his absence from the September 13, 2006, meeting.
PUBLIC HEARINGS:
Chair Kidd indicated that those who testify must sign the "Sign In" log and affirm that
their testimony will be truthful to the best of their knowledge.
STREET VACATION PETITION - STY 06-06 - HOPFNER. Portion of 6/7 Alley
west of Liberty Street: Request to vacate that portion of the 6/7 Alley abutting Lot 9,
Block 212, Townsite of Port Angeles.
Planner Nathan West presented the staffs report recommending that the Planning
Commission forward a recommendation to approve the street vacation to the City Council.
Commissioner Harris asked for clarification regarding the impacts to access to nearby
residents. Planner West presented maps showing the access and surrounding properties,
indicating that the vacation of the alley portion would not impact any nearby residents.
Chair Kidd opened the public hearing.
Dr. Ed Hop/ner, 1234 El6th Street, Port Angeles, the proponent, indicated that the
portion of the alley being vacated was not used as access by any of his neighbors and actually
was only used for his parking. Chair Kidd inquired as to how the street vacation might affect the
owner's property tax. Planner West indicated that the increase in area of the property would be
taxable once the vacation is recorded. Chair Kidd also pointed out that currently no taxes were
collected on the street right-of-way.
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Plannmg CommISSIOn Mmutes
September 27,2006
Page 2
Commissioner Snyder asked what the actual size of the property being considered for
vacation is. Dr. Hopfner indicated it is approximately 800 square feet. Planner West concurred
with that.
Chair Kidd inquired as to how the small portion of alley had not been previously vacated.
Dr. Hopfner summarized the history of the area and the development of the Cresthaven
subdivision relative to the subject alley.
There being no further testimony, Chair Kidd closed the public hearing. Commissioner
Beier moved to recommend to the City Council the approval of the vacation of the
described portion of the 6/7 alley with the following conditions, findings, and conclusions:
Condition:
1. Property owned by the petitioner and acquired through the subject vacation shall be
combined into one building site per Zoning Lot Covenant prior to the issuance of a quit
claim deed for the right-of-way.
Findings:
1. A petition requesting the vacation of that portion of the 6/7 Alley situated west of Liberty
Street abutting Lot 9, Block 212 Townsite of Port Angeles was submitted on July 28,
2006, by abutting property owners Dr. and Mrs. Ed Hopfner.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
when the vacation of right-of-way is proposed. The subject petition is signed by 100% of
the abutting property owners.
3. The subject area is zoned RS-7 Residential Single Family and is developed with single
family structures. The RS-7 zone allows the basic single family development uses
including accessory structures with lot coverage up to 30% on minimum 7,000 square
foot lots.
Abutting properties to the east, north, south, and southeast were replatted into what is
commonly known as the Cresthaven Subdivision in 1975. During the subdivision
development process, previously platted alleys and streets in the subject area were
vacated and the area was replatted. The south one-half of the 6/7 alley abutting the
applicant's property was vacated along with that portion of the alley east of the site
leaving the subject right-of-way as the only unvacated portion of alley in the block. The
remaining one-half alley width of right-of-way serves no utility or access purpose.
Surrounding properties are served access from other rights-of-way.
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.
The Port Angeles City Council's Real Estate Committee met on September 18,2006, and
established a value for the unopened right-of-way at $2.06 per square foot based on the
value of surrounding property assessments. The subject area is approximately 10' x 50'
for a total of 800 square feet in area.
The vacating of a street is categorically exempt from a State Environmental Policy Act
(SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
4.
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Plannmg CommiSSIOn Mmutes
September 27,2006
Page 3
8.
The site was posted regarding the proposed land use action on September 14, 2006, with
required publication notification appearing in the Peninsula Dailv News on September
17,2006.
Consolidation of the right-of-way (approximately 500 square feet) following vacation can
be accomplished by the filing of a Zoning Lot Covenant which would combine the
vacated property with the abutting lot owned by the applicants into one building site.
At its September 19,2006, regular meeting, the Port Angeles City Council established a
public hearing date by resolution for action on the street vacation petition as October 3,
2006.
9.
10.
11. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation on September 27,2006, and forwarded a recommendation to the City Council
for consideration.
Conclusions:
A.
The unopened right-of-way serves no purpose to the current or long range transportation
needs ofthe City. The vacation will place unused, unneeded property on the City's tax
roles and is therefore in the public interest.
Consolidation of the petitioners' property ownership with the vacated right-of-way is in
accordance with expected land management and development policies and is consistent
with development standards of the RS-7 Section 17.10 ( RS-7 Zone) of the Port Angeles
Municipal Code. The site consolidation will appropriately designate the vacated right-of-
way as part of an acceptable building site.
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 Snyder and passed unanimously.
B.
c.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-05 - PORT
OF PORT ANGELES. 1200 Block Marine Drive: A permit to repair and replace floats,
pilings, piers, and gangways at the Port Angeles Boathaven Marina.
Associate Planner Scott Johns presented the staffs report recommending that the
Planning Commission approve Shoreline Substantial Development Permit SMA 06-05.
Chair Kidd opened the public hearing.
Susan Bauer 338,W. 1st Street, Port Angeles representing the Port of Port Angeles,
stated that the proposal is the largest portion of a phased upgrading of the entire marina by the
Port of Port Angeles. She stated that many of the piles in the existing marina were quite old and
typically cedar which was often not tveated with creosote, however, there are piles that are
treated with creosote. No new piles will contain creosote. The upgrade is necessary because of
the increasing size of boats is making the marina's smaller slips less usable. She also indicated
that as the older boat houses come available, they will be removed and the remaining ones
consolidated into a smaller area.
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Plannmg CommISSIOn Mmutes
September 27, 2006
Page 4
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Commissioner Beier asked if the Port was comfortable with the condition requiring an
archaeologist be present on the site during the life of the project. Ms. Bauer indicated that the
Port routinely employed an archaeologist for any project where as much as a shovel of earth is
disturbed.
Planner Johns asked if during the construction phase whether any residents or boat
owners would be displaced. Ms. Bauer indicated that the work would proceed in a fashion such
that boats and residents would have to move from one slip to another as work progressed, but
none would be required to leave the marina.
There being no further testimony, Chair Kidd closed the public hearing. Commissioner
Snyder moved to approve SMA 06-05 with the following conditions, findings and
conclusions.
Conditions
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1.
If the subject site has not been 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 Port Angeles Department of Community and Economic Development.
This team shall determine the extent of excavation monitoring for the project
during the permit review process. As an alternative, the applicant hay 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 archaeological resources are handled in
accordance with applicable law.
All best management practices listed in the Biological Evaluation prepared for the
Port of Port Angeles by Marine Surveys & Assessments of Port Townsend,
Washington, and included with the application materials shall be used throughout
the duration of the project.
Work shall observe all fish windows established by the Washington State
Department of Fish and Wildlife.
The applicant is responsible for applying for and receiving all necessary state and
federal permits prior to starting any phase of construction.
All creosote-treated wood that is removed shall be disposed of in accordance with
Washington State's dangerous Waste Regulations (WAC 173-303) and Excluded
Categories of Waste (WAC 173-303-071). All waste and debris generated by the
project shall be collected and removed to a legally permitted waste disposal or
recycling site.
Any debris stockpiled on shorelands before disposal shall be placed in lined
containment areas.
2.
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6.
Plannmg CommISSIOn Mmutes
September 27,2006
Page 5
. Findings
1. An application for a shoreline substantial development permit was submitted by
the Port of Port Angeles on August 9,2006, for the removal and replacement of
pilings, piers, floats and docks at the Boat Haven Marina in Port Angeles. The
application indicates that the work will occur within the area designated as
Aquatic Harbor in the Port Angeles Shoreline Master Program. Best management
practices will be incorporated to address potential water quality impacts from the
removal of structures and construction.
A Determination of Non-Significance was issued by the Port of Port Angeles
SEP A Responsible Official for the proposal on August 3, 2006.
The site is designated Open Space and Industrial in the City's Comprehensive
Plan, Industrial in the City's Zoning Ordinance, and Aquatic-Harbor in the City's
Shoreline Master Program.
The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning
Ordinance and critical areas ordinances have been reviewed with respect to this
application. The following adopted City policies are most relevant to the
proposed project: Comprehensive Plan Land Use Element Policies A-2, and
Conservation Element Policies B-1, 2, 6, 9, 19; D-l, 3, 4; Economic Development
Element Policies A-3, 14; the City's Shoreline Master Program's Aquatic-Harbor
designation and Chapter 4, Policies A-I, 4 and 5; B-1 & 2; D-3 thru 6 & 11, 12;
E-l; 0-1, 3 thru 9; 1-1 thru 4; J-l thru 3; K-l thru 6 & 8; M-l and 2, and N-l and
2; Chapter 5 F, Aquatic Harbor, Management Policies 2,3 & 5; and Chapter 6,
Policies B-1, 3, 5, & 6; and all associated regulations. The City's zoning code
lists marinas as a permitted use in the Industrial Heavy zone.
Chapter 5 of the City's Shoreline Master Program specifically indicates that
boating facilities (marinas) are permitted uses in the A-H designation.
The City's waterfront trail runs east and west along the length of the project
adjacent to Marine Drive.
The Lower Elwha Klallam Tribe was mailed notice of this application on August
8,2006 and notified by telephone on September 8, 2006. No comments were
received.
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Conclusions
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7.
8. Notice of the project was published in the Peninsula Daily News on August 23,
2006. Notice of the proposal was mailed to property owners within 300 feet of
the project site on August 18,2006. The site was posted on August 21,2006. No
comments from the public were received by the Community and Economic
Development Department.
9. The City of Port Angeles Planning Commission held a public hearing in
consideration of the proposal on September 27,2006.
A.
The proposed project as conditioned, is consistent with the City's Comprehensive
Plan, Shoreline Master Program, and zoning provisions.
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Planmng CommiSSIOn Minutes
September 27,2006
Page 6
B. As proposed 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 and serves the public interest.
D. Public notice was provided per city policy with no comment received.
The motion was seconded by Commissioner Beier and passed unanimously.
At this point, Chair Kidd allowed the agenda order to be modified.
CONDITIONAL USE PERMIT - CUP 06-05 - HUFF. 1033 and 1033 ~ W. 12th
Street. A proposal to construct an accessory residential unit in the RS-7 Residential
Single Family zone.
Principle Planner Nathan West presented the staffs report recommending approval of
CUP 06-05.
Chair Kidd opened the public hearing.
Justin Huff, 1033 W. llh Street, Port Angeles indicated that the accessory residential
unit will be occupied by the Huff family while they renovate the primary residence.
Chair Kidd asked how Mr. Huff intended to meet the parking requirement. Mr. Huff
indicated that the building exceeded the rear setback requirement leaving ample room for
parking between the alley and the garage. The garage will provide parking for the primary
residence.
Commissioner Snyder commented on the plan, indicating that he felt the proposed
building is attractive and asked if the accessory structure would match the primary residence.
Mr. Huff indicated that once the primary residence is renovated that the two structures would
match in style and color.
Jackie Griffith, 1030 W. 1 (jh Street, Port Angeles a property owner across the 10/11
alley to the north of the subject site spoke in opposition to the project, objecting to the
interference with her view to the south and stating her feeling that allowing for residential
occupancy above a garage was inappropriate.
There being no further testimony, Chair Kidd closed the public hearing. She further
indicated that the Planning Commission is bound to make decisions that are consistent with the
existing municipal code and even if a neighbor is not in favor of a project, if it meets the
requirement of the code and is not detrimental to the general welfare of the public, they must act
accordingly and approve the project.
Commissioner Snyder moved to approve the conditional use permit with the
following conditions, findings, and conclusions:
Conditions:
1.
Separate electrical and water meters are required for each dwelling unit.
Addressing for each dwelling unit shall be clearly identified as 1033 and
103 3 ~ West 11 th Street. Address numbers must be at least six (6) inches
in height and readily visible from the street and of contrasting color from
their background.
Plannmg CommISSIOn Mmutes
September 27, 2006
Page 7
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Findings:
1.
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Two (2) off-street parking spaces are required for each residential dwelling
unit for a total of four (4) spaces.
Smoke detectors are required per the International Residential Code.
Driveway and site access shall be constructed to Public Works and Utilities
Standards.
5. All utility improvements including water, sanitary sewer, storm drainage
and electrical are to be completed to the satisfaction of the Public Works
and Utilities Department prior to occupancy of the structure.
2.
3.
4.
2.
Justin L. Huff submitted a Conditional Use Permit application for an
accessory residential unit on August 29,2006. The applicant owns the
subject property.
The proposed site is legally described as Lot 13 Block 318 of the Townsite
of Port Angeles and is located at 1033 and 1033 12 West 11th Street.
Section 17.08.040(A) establishes that accessory residential units may be
permitted by Conditional Use Permits in residential zones. The site is
zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area. Zoning
200' to the east is Commercial Neighborhood.
Section 17.10.010 identifies the purpose of the RS-7 zone as "a low density
residential zone intended to create and preserve urban single family
residential neighborhoods consisting of predominantly single family homes
on standard Townsite-size lots. Uses which are compatible with and
functionally related to a single family residential environment may also be
located in this zone..."
3.
4.
5. PAMC Section 17.08.010(B) defines an Accessory Residential Unit as "a
dwelling unit which is incidental to a detached single family residence, is
subordinate in space (i.e., fifty percent or less space than the single family
residential use), and is located on the same zoning lot as the single family
residence. An accessory residential unit is served by water and electrical
service that is separate from the primary residential service and has a
separate address."
The site is located in the City's North West Planning Area. The
Comprehensive Plan designates the site as Low Density Residential.
Adjacent designations are Low Density Residential and Commercial. The
following sections of the Comprehensive Plan support the proposal: Land
Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and
B.6, and Transportation Element Policy B.14.
The subject site is located on the north side of W. 11 th Street east of D
Street. Development in the neighborhood includes predominately single
family residential uses. The nearest multi-family use can be found at the
intersection of W. 10th and C Street 400 east of the site located in the
Commercial Neighborhood zone.
6.
7.
Plannmg CommISSIOn Mmutes
September 27, 2006
Page 8
Conclusions:
1. As conditioned, the proposal is consistent with the intent of the
Comprehensive Plan, specifically with Land Use Element Goal A and
Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation
Element Policy B.14.
The proposal is consistent with requirements for approval of a conditional
use permit as specified in P AMC 17.96.050, and with the requirement of a
conditional use permit for an accessory residential unit in the RS-7 zone as
identified in sections l7.08.01O(B) and 17.1O.040(A) of the Port Angeles
Municipal Code.
As conditioned, the proposal is consistent with P AMC Chapter 14.40
(Parking Ordinance).
The use is in the public interest as it allows for a variety of housing
opportunities that are not in conflict with uses expected in the RS-7 zone.
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4.
Per 17.96.050 PAMC, the Planning Commission shall consider applications
for conditional use permits as specified in the applicable Chapter of the
Zoning Regulations. The Planning Commission may grant said permits
which are consistent and compatible with the purpose of the zone in which
the use is located, consistent with the Comprehensive Plan, and not
contrary to the public use and interest. In each application the Planning
Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent
depreciation of neighboring property. Conditional uses shall be evaluated
to determine if the characteristics of the intended use as related to the
specific proposed site would defeat the purpose of the City's Zoning
Regulations by introducing incompatible, detrimental, or hazardous
conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of
the City's zoning regulations. The City's Comprehensive Plan was
reviewed for consistency with the proposal. A development that is
approved through the conditional use permit process must remain in
continual compliance with specific conditions of approval or may be
revoked.
Site access must comply with Public Works and Utilities Standards.
Notification of the proposed action and conditional use permit application
was placed in the Peninsula Daily News on September 6, 2006. Public
notice was mailed to property owners within 300 feet of the subject
property on September 1, 2006. The site was posted on September 5, 2006.
No comments were received as a result of the public notice period.
A Determination of Non-Significance was issued for this proposed action
on September 25,2006.
12. The Planning Commission conducted a public hearing on the proposal at
the September 27,2006, regular meeting.
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Plannmg CommiSSIOn Mmutes
September 27, 2006
Page 9
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5. The City's responsibility under the State Environmental Policy Act in
review of the proposal has been satisfied.
The motion was seconded by Commissioner Harris and passed unanimously.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 06-06 NIPPON
PAPER INDUSTRIES. 1900 Block Marine Drive: A permit to relocate power lines and
poles in the shoreline jurisdiction.
Associate Planner Scott Johns presented the staffs report recommending that the
Planning Commission approve Shoreline Substantial Development Permit SMA 06-06.
Commissioner Harris questioned whether the existing poles are treated with creosote as a
preservative and would the replacement poles be preserved with creosote. Planner Johns
indicated that comments from Department of Ecology recommend that the applicant not use
creosote treated pole and that creosote was no longer used and therefore unlikely that the
replacement poles would be treated with creosote.
Chair Kidd opened the public hearing.
Ralph Renes, 1016 E. lfh Street, Port Angeles representing Nippon Paper Industries
stated that many of the old utility poles were cedar and had not been treated with creosote and
that the replacement poles will not contain creosote. He further stated that Nippon Industries had
read the conditions and had no objection to them.
Chair Kidd asked why Nippon was proposing to plant so many trees and shrubs for
mitigation purposes. Mr. Renes explained that it was the recommendation of the wetland
specialist that had been hired and felt that a strong mitigation plan would help gain approval of
the project.
There being no further testimony, Chair Kidd closed the public hearing. Commissioner
Mathews moved to approve SMA 06-06 with the following conditions, findings, and
conclusions.
Conditions
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1.
If the subject site has not been 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 Port Angeles Department of Community and Economic Development.
This team shall determine the extent of excavation monitoring for the project
during the permit review process. As an alternative, the applicant hay 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 archaeological resources are handled in
accordance with applicable law.
Plannmg CommISSIOn Mmutes
September 27,2006
Page to
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Findings
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2.
In the event archaeological artifacts, features or human remains are discovered,
the permittee will immediately notify the Tribal Chair and specified Tribal staff
by both letter and telephone, as well as the City. The City, in turn will
immediately notify the State Department of Archaeology and Historic
Preservation, as required in RCW 27.44 and 27.53.
The applicant will follow all best management practices and mitigation methods
outlined in the document titled "Wetland Mitigation Planfor Electrical Power
Transmission Service Route Maintenance and Realignment" dated January 2006
and written by Brad Shea of We stech Company.
Poles being removed that have been treated with creosote or other potentially
harmful preservatives shall be disposed of at an approved disposal site.
The applicant shall contact the Washington State Department ofFish and Wildlife
regarding the existing eagle nest near the work site. All requirements of timing
and work techniques required by WDFW to protect the eagle nest shall be
followed by the applicant.
3.
4.
5.
An application for a shoreline permit was submitted by the Nippon Paper
Industries, on August 18, 2006, for the replacement of seven existing power line
support poles with four new poles in locations that are more accessible for
maintenance. A small area near the wastewater treatment plant will be graded to
provide access. Revegetation of the disturbed area will also occur. Best
management practices will be incorporated to address potential erosion and water
quality impacts from the construction.
2. A Determination of Non-Significance was issued by the City of Port Angeles
SEPA Responsible Official for the proposal on September 13,2006.
3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning
Ordinance and Environmentally Sensitive Areas ordinances have been reviewed
with respect to this application. The site is designated Urban-Harbor in the City's
Shoreline Master Program, Industrial in the City's Comprehensive Plan, and
Public Buildings and Parks and Industrial Heavy in the City's Zoning Ordinance.
4. Chapter 5 of the City's Shoreline Master Program indicates utilities are permitted
uses in the U-H designation, however, Chapter 6, I, Regulation 4, specifies non-
water dependent utilities including electrical lines require a shoreline conditional
use permit.
1.
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 A-I, Goal D; the City's Shoreline Master Program's
Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-I, E-I, H 1-4, and
N 1 and 2, Chapter 5, Policies D-I, and Chapter 6, Policies I-I - 5; and all
associated regulations.
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Plannmg CommISSIOn Mmutes
September 27, 2006
Page 11
Two existing wetland report/delineations on file with the City of Port Angeles
(Hagen, 2003, and Shea, 2004) were reviewed as part of staffs analysis of this
application.
Notice ofthe project was published in the Peninsula Daily News on August 23,
2006. Notice ofthe proposal was mailed to property owners within 300 feet of
the project site on August 18,2006. The site was posted on August 21,2006.
The Lower Elwha Klallam Tribe was mailed notice of this application on August
22, 2006, and contacted by telephone regarding this application on September 8,
2006. No comments were received.
8. The City of Port Angeles Planning Commission held a public hearing in
consideration of the proposal on September 27,2006.
6.
7.
Conclusions
1. The proposed project as conditioned, is consistent with the City's zoning
ordinance, Comprehensive Plan, Shoreline Master Program, and zoning
prOVISIOns.
2. As proposed the project will not be detrimental to the shoreline.
3. As conditioned, the proposed project will not interfere with public use oflands or
waters and serves the public interest.
4. Public notice was provided per city policy with no comment received.
The motion was seconded by Commissioner Beier and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Principle Planner Nathan West provided a brief update on the status of the Port Angeles Harbor
Management Plan. A brief discussion took place.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
40 p.m.
PREPARED BY: S. Johns
~ORT.ANGELES
WAS H I N G TON, USA
PLANNING COMMISSION ATTENDANCE ROSTl:i.R
AND TESTIMONY SIGN-UP SHEET
PLEASE SIGN IN
Meeting Agenda of: ~?ifJ$M.PE/!-~~ ~
To help us provide an accurate record of those in attendance, please sign in. Your
signature acknowledges your presence, If you plan to testify, by your signature below, you
certify that the testimony given is true and correct under penalty of perjury by the laws of the
State of Washington. Signature below DOES NOT REQUIRE you to testify.
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C: \My Files\FORMS\Mtgrostpc. wpd