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HomeMy WebLinkAboutMinutes 10/27/1999 0. .' . . I. no" RT' I~ A lNrGE'ILES' I=- J -,rr. Ii .~ ... -' WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street October 27, 1999 CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of Octo her 13, 1999. IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99~08 - VOICE STREAM WIRELESS. Ediz Hook Road: To allow the placement of a 3 sector panel antenna array and a dish antenna on an existing 150' tower in the PBP, Public Buildings and Parks zone. 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99~09 - NORTHWEST SEA FARM ~ 670 Ediz Hook Road: Request to amend the configuration of fish pens within the original lease lot area in the Port Angeles Harbor. (Continued from October 13, 1999.) 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99~10- BLACK BALL FERRY. 101 East Railroad Avenue: Request to demolish a portion of a ferry terminal and dock and rebuild same with an approximate 600 square foot addition to the terminal building in the Central Business District. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VJI. 1. Comprehensive Planning REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Fred Hewins (Chair), Dean Reed (Viee),Bob King,Linda Nutler,Dean Reed,Fred Norton, Jason Robotkay PLANNING STAFF: Brad Collins (Planning Director), David Sawyer (Senior Planner), Sue Roberds (Planning Specialist) . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 27, 1999 7:00 p.m. ROLL CALL Members Present: Fred Hewins, Fred Norton, Bob King, Linda Nutter, Dean Reed Members Excused: Jason Robotkay (One Vacancy) Staff Present: Brad Collins, David Sawyer, Sue Roberds Public Present: Commander Ed Kaetzel, Allen Patton, Arve Mogster, Aria Holzschuh, Jolm McDonagh, Wayne Barrett, Myron Hillman, Randy Hodgin, Dr. Kenneth Brooks APPRO V AL OF MINUTES Commissioner Reed moved to approve the October 13, 1999, meeting minutes as presented. The motion was seconded by Commissioner King and passed 4 - 1 with Commissioner Norton abstaining due to absence. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99-08 - VOICE STREAM WIRELESS. Ediz Hook Road: To allow the placement of a 3 sector panel antenna array and a dish antenna on an existing 150' tower in the PBP, Public Buildings and Parks zone. Planning Specialist Sue Roberds reviewed the Planning Department's staff report recommending approval ofthe permit a requested with conditions. Chair Hewins reviewed the public testimony affidavit and opened the public hearing. John McDonagh, 111 Werner Road, Port Ludlow, WA 98365, wanted to thank staff for an excellent j ob of evaluating the proposal. He provided a copy of the Federal Communications Commission license that Voice Stream operates under and a map indicating the areas that require telecommunication coverage to serve customers in the required manner and explained the methodology in choosing the proposed site. The equipment building will be cinder block construction and will blend in with the existing structure. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Reed noted that staff had used a shorter version of the standard wording regarding work in areas where artifacts may exist. Commissioners Nutter and Hewins agreed Planning Commission Minules October 27. /999 Page 2 . . . that they were more comfortable with the more extensive version. Chair Hewins asked the applicant ifhe is familiar with the more extensive wording commonly used by the City of Port Angeles in dealing with areas where culturally significant artifacts may exist. Mr. McDonagh was provided a copy ofthe alternate wording. He stated that, although he prefers the shortened version which basically stated that if artifacts are noticed work would be stopped until an expert could view the site versus having an archaeologist on site for the minor excavation work, Voice Stream will work with those conditions the City feels appropriate. Commissioner Reed noted that if the site has been inventoried during the previous Air Touch Cellular Shoreline Substantial Development Permit construction it could be that the previous inventory would be satisfactory to the Tribe for this development. Commissioner Nutter moved to approve Shoreline Substantial Development Permit SMA 99-08 for Voice Stream with the following conditions, findings, and conclusions: Conditions: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction ofthe 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 City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to 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 valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4,5,6 and 7. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control storm water runoff into the shoreline area. 5. The proposed building shall be built above elevation 11.0 (100 yr. flooding to elevation 11.0). . . . Planning Commission Mil/utes October 27, } 999 Page 3 Findings: Based on the information provided in the October 27, 1999 Staff Report for SMA-99-08 (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. The applicant, Voice Stream Wireless applied for a Shoreline Substantial Development Permit on August 19, 1999. The application was determined to be complete on August 24, 1999 (Attachment B). 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on October 15, 1999, and is attached as Attachment C. 3. In accordance with legal requirements of the City of Port Angeles and the State of Washington, the notice of application and subsequent hearing process was advertised in the Peninsula Daily News' legal section on August 24, and 31, 1999. 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 as Open Space (OS) in the City's Comprehensive Plan, Industrial Heavy (IH) in the City's Zoning Ordinance, and Urban-Harbor (UH) in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates that utilities are permitted uses in the U-H designation. 7. The City's waterfront trail runs east and west along Ediz Hook adjacent to the project in the roadway right-of-way. 8. The site is developed with a 100' lattice tower that supports the City's 911 antenna system and two support shelters. 9. Air Touch Cellular co located an antenna array and microwave dish on the City's tower as weIl as established a 12' x 20' equipment shelter on the site in 1997 under SMA 97-15. 10. The site is located in Flood Zone V6 (FEMA maps) which identifies the site as being within the 100 year flood Zone to elevation 11.0. 11. Only a small amount of excavation (7.5 cu. yds.) is anticipated for footings. . . . Planning Commission Minutes Oelober 27, /999 Page 4 12. Employee visits to monitor the site will be minimal, approximately once or twice a month. No on-site employees are required and no regular maintenance is anticipated. 13. The Federal Communications Commission (FCC) has the overall responsibility for regulating the telecommunication industry. Pursuant to the Telecommunications Act of 1966 there are specific limitations on local regulatory actions oflocal governments when dealing with personal wireless services The role of local governments is to plan and regulate the location, height, setbacks, and other building and safety standards within the limitations of the Act. 14. The proposal will not result in additional lighting of the area. No signage is needed. 15. The Planning Commission's decision is final unless appealed within 14 days to the City Council. 16. Wireless communication facilities are exempt from the State Environmental Policy Act (SEP A) regulations under WAC 173-11-800(27) unless they are proposed in critical areas. A Determination of Non Significance (#880) was issued on October 15, 1999, for the proposal. 17. Ediz Hook is defined by the City's Environmentally Sensitive Areas (ESA) Ordinance (Section 15.20 PAMC) as a "beach and associated coastal drift process area. " 18. Chapter 15.20 of the Port Angeles Municipal Code defines and providesrocedures which must be followed when development is proposed within environmentally sensitive areas. The applicant must obtain an administrative ESA approval per Chapter 15.20 of the Port Angeles Municipal Code, 19. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Goal A, Policy A-2, and Utilities and Public Services Element Goal A, Goal B, and Goal B, Policy 3(3), the City's Industrial Heavy zone, and the City's Shoreline Master Program Urban-Harbor designation, Chapter 4, Policies B-1 and 2, D-l, E-2, J-2, M-l and 2, N-1, Chapter 5, and Chapter 6. 20. The Lower Elwha Klallam Tribe was notified on August 24, 1999, of the proposal. No comments were received. Conclusions: Based on the information provided in the October 27, 1999 Staff Report for SMA 99-08, 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: .... .:.:-: <l".. ; ~ t~ .') - ,.... ?"' i:; . . . . ::..'0 ... , -;... Planning Commission Minutes (lclober 2 7, 1999 ~Page 5 A As conditioned, the project is consistent with the City's Comprehensive Plan, the City's Industrial Heavy zone, the City's Shoreline Master Program, and the Environmentally Sensitive Areas Ordinance. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance the public health and safety. D. As proposed, the project will not interfere with public use of lands or waters. E. The State Environmental Policy Act requirements have been fulfilled. The motion was seconded by Commissioner Reed and passed 4 - 1 with Commissioner Norton voting in tbe negative. Mr. Norton noted that he did not feel the extended wording was necessary due to the minimal construction footings proposed. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99-09 - NORTHWEST SEA FARM - 670 Ediz Hook Road: Request to amend the configuration of fish pens within the original lease lot area in the Port Angeles Harbor. (Continued from October 13, 1999.) Planning Director Collins reviewed the Planning Department's staff report noting that he had responded to the two citizen letters requesting denial of the permit. Those responses were included in the Commission's materials and were transmitted to the applicants. Chair Hewins opened the public hearing. Arve Mogster,Operations Manager with Northwest Sea/arms, 1201 Cherry Avenue, Bainbridge Island, WA, introduced Dr. Kel",eth Brooks, 644 Old Eaglemount Rd., Port Towllsend, WA. Dr. Brooks monitors salmon farms in Washington State and about one half ofthe farms in British Columbia. He has extensive experience in aquaculture operations as he was involved in writing the Washington Administrative Code (WAC) regulations regarding aquaculture uses in Washington State and wrote the waste management policy for aquaculture for the British Columbia government. The Corps of Engineers has asked for a biological assessm~nt on endangered Chinook salmon and on the Bull Trout. That assessment has been prepared and submitted to the Corps for consideration by the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. The document concludes that there are unlikely to be any adverse effects on either of those species as long as the conditions of the Hydraulics Permit are observed primarily because those species use shallow water near shore environments for foraging and cover. What is important is that the eelgrass beds that fringe Ediz Hook be protected. This project is to be located in waters greater than or equal to 80 feet from mean lower low water. There is about 200 feet of lateral separation between the project and eelgrass meadows. It is not anticipated that the current redesign will have a negative effect on those eelgrass meadows. The break in the new pen reconfiguration is required by the Department of Fisheries to allow for a stronger span and better flushing. j ~ ~ l~-,i ~ ".:h- " Planning Commission Minutes October 27. ! 999 Page 6 . In response to Commissioner Norton, Dr. Brooks answered that the proposed reconfiguration will result in approximately 600 less square feet in the new pen system than in the existing system. Commissioner Nutter asked how the new pens will be aesthetically more pleasing. Dr. Brooks responded that as the current structure configuration parallels the shore, more of the pens will be visible than with the perpendicular configuration. In response to a question regarding the transfer of feces and uneaten food to surrounding areas, Dr. Brooks answered that the currents in the Port Angeles Harbor don't allow dispersal of feces and uneaten feed beyond 15 to 20 feet. The National Pollution and Discharge Elimination Permits issued by the Department of Ecology sets up a sediment impact zone which is 100 feet from the net pens. No adverse effects at all will be allowed at the 100 feet limit. The farm has existed on the site for 12 years, and it is certainly not in Northwest SeaFanns' interest to have a ship go through their net pens so it is a given that they will work very closely with the U.S.C.G. to ensure that does not happen. '" . Commander Ed Kaetzel, U.S.c.G., 5023 Mt. Pleasant Road, Port Angeles, Operations Officer for the U.S. e.G. Air Station, Ediz Hook, provided testimony with regard to the U.S.c.G. letter of September 24, 1999, wherein Group Commander listed a number of objections to the proposed change to the fish pens. The Coast Guard has recently invested $187,000 in upgrade and rehab projects to the T-Pier area. This was done primarily to accommodate the Coast Guard's new 87' coastal patrol boat. A second 87' coastal patrol boat is expected to be located in Port Angeles. Any relocation of the fish pens east of the current location makes it very difficult to dock the cutters. Visiting cutter crew have complained without exception about the difficulty in approaching the T-Pier due to crabbing activities in the Harbor and the fish pens. In all but the best conditions, approaching and mooring activities are tight. Any further constraints to mooring capabilities is not acceptable. To move the pens any further east will cause difficulty. They agreed to discuss possibilities with the aquaculture industry to see what accommodation can be made. In response to Commissioner Norton's reading of a condition of approval suggested by staff as to the restriction of eastward movement of the pens to be approved by the US.C.G., Commander Kaetzel agreed that if any relocation east of the existing pen area is required to be specifically approved in writing by US.C.G Group Port Angeles, there would not be objection to the proposal. . Arve Mogster, noted that the proposed reconfiguration is planned in two phases. The replacement of pens (6 pens) in the east portion ofthe lease area is the second phase and is not planned until spring. It is critical that the west pen span relocation be done at this time. This time lapse will give SeaFarm time to work with the Coast Guard on the second phase particulars. He asked that when the US.c.G. and SeaFarm come to a written agreement the City would accept that. SeaFarm is willing to work with the Coast Guard but would rather not have to apply for another shoreline permit through the City and Fisheries due to the length of time it takes to process permits. There being no further comment, Chair Hewins closed the public hearing. . . . Planning Commission Minutes October 27. /999 Page 7 In response to Commissioner Nutter, Commander Kaetzel concurred that the proposed condition (No.2) relative to the U.S.C.G. concerns is acceptable. Following brief discussion, Commissioner King moved to approve the shoreline substantial development permit as proposed with the following conditions, findings, and conclusions: Conditions: 1. The project shall remain in compliance with the Hydraulics Project Approval (HPA) issued by the Washington Department ofFish and Wildlife. 2. Pen locations shall be established outside of the USCG vessel approach path subject to the written approval of the US Coast Guard. 3. The project shall comply with all regulations ofthe City's Shoreline Master Program specifically those of Chapters 4,5,6 and 7. 4. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Ordinance. 5. The proj ect shall continue to comply with the permit requirements of SMA 86-78 and utilize best management practices for aquaculture activities. Findings: Based on the information provided in the October 27, 1999 Staff Report for SMA-99-09 (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. The applicant Northwest Sea Farms L.L.c. applied for a Shoreline Substantial Development Permit on August 19, 1999. The application was determined to be complete on August 24, 1999 (Attachment B). 2. Mitigated Determination of Non Significance No. 875 was issued by the City of Port Angeles SEPA Responsible Official for the proposal on October 4, 1999, and is attached as Attachment C. 3. In accordance with legal requirements ofthe City of Port Angeles and the State of Washington, the notice of application and subsequent hearing process was advertised in the Peninsula Daily News on August 24 and 31, 1999. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance, and Critical Areas Ordinances have been reviewed with respect to this application. . . . Planning Commission Minutes October 27. 1999 Page 8 5. The site is designated as both Industrial {I) and Open Space (OS) in the City's Comprehensive Plan, Industrial Heavy (IH) in the City's Zoning Ordinance, and Aquatic-Harbor (AR) in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates that aquaculture is a conditionally permitted use in the AH designation. 7. The U.S. Coast Guard station is located on Ediz Hook upland from the Northwest Sea Farms lease area. 8. The site is developed with 24 square steel and 7 circular plastic fish pens under SMA 86-78, which was first issued by the City in 1987. 9. The application is to replace the existing 31 fish net-pens with 20 new square steel fish net-pens and relocate them east and west ofthe existing configuration. 10. The new fish pen configuration turns the length of the pens 90 degrees to be perpendicular rather than parallel to the shoreline. 11. The Washington Department of Fish and Wildlife issued Hydraulics Project Approval No. OO-E2227-01 for the project on October 12, 1999. 12. The US Army Corps of Engineers and the US Coast Guard will have jurisdiction over approval of the project for water quality and navigational requirements. 13. A Mitigated Determination of NonSignificance (#875) was issued on October 4, 1999, for the proposal. 14. Comment letters on the project application were received from the Washington Department of Fish and Wildlife and the US Coast Guard, two citizen letters were also received during the public comment period on the Mitigated Determination of NonSignificance from Alfredo Quarto and Darlene Schanfald, and a response letter dated October 22, 1999, from Northwest SeaFarm L.L.c. 15. The Planning Commission's decision is not final, and the Department of Ecology must review and act on the proposed application before the shoreline conditional use permit is approved. 16. Ediz Hook is defined by the City's Environmentally Sensitive Areas (ESA) Ordinance (Section 15.20 PAMC) as a "beach and associated coastal drift process area. " 17. Chapter 15.20 of the Port Angeles Municipal Code provides procedures whi ch must be followed when development is proposed within environmentally sensitive areas. The applicant must obtain an administrative ESA approval per Chapter 15.20 of the Port Angeles Municipal Code. . . e Planning Commission Minrlles October 27, /999 Page 9 18. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Goal A, Policy A-2, Goal H, Policies H-3 and H-4, and Policy 1-1; the Cityis Shoreline Master Program Aquatic-Harbor designation, Chapter 4 Policy E-2 and Regulation E-1, Regulations F-4 and F-9, Policies H-l and H-2, Chapter 5 F Aquatic Harbor Management Policy 5, H Environmental Designation Matrices, Chapter 6 A Aquaculture Policies A-I and A-2, Regulations A-2, A-5, and A-ll; the Zoning Code Chapter 17.34 ill Zone; and Chapter 15.20 Environmentally Sensitive Areas Protection Ordinance. 19. When consistent with control of pollution and prevention of damage to the environment, aquaculture activities are a preferred shoreline use (see WAC 173-16- 060(2)). 20. Washington Department ofFish and Wildlife issued a Hydraulics Project Approval (HPA) for this project on October 12, 1999, based on I) the overall footprint ofthe existing net pens will decrease, 2) the net pens will not in any way impact the nearshore migration corridor used by juvenile salmonids, and 3) the pens shall be configured to optimize flow of surface water (and drift algae) between the pens. 21. The Paget Sound Pilots were notified on August 23, 1999, and on September 24, 2999, of the proposal. No comments were received. Conclusions: Based on the information provided in the October 27, 1999 Staff Report for SMA 99-09, 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's Comprehensive Plan, the Citis Industrial Heavy zone, the City's Shoreline Master Program, and the Environmentally Sensitive Areas Ordinance. B. There is a need to replace and relocate the fish net-pens as they wear out and to better the environment in which the fish are raised, if control of pollution and prevention of damage to the environment is to take place. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will enhance the public health and safety and is in the public interest. E. As conditioned, the project will not interfere with public use of lands or waters. F. The State Environmental Policy Act requirements have been fulfilled. . . . Planning Commission Minutes October 27. 1999 Page 10 The motion was seconded by Commissioner Norton and passed 5 - O. The Chair called a recess at 8:35 p.m. The meeting reconvened at 8:45 SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 99- 10 -BLACK BALL FERRY. 101 East Railroad Avenue: Request to demolish a portion of a ferry tenninal and dock and rebuild same with an approximately 600 square foot addition to the terminal building in the Central Business District. Senior Planner Sawyer reviewed the Planning Department's staff report recommending approval of the proposal and circulated a color board showing proposed colors for the exterior of the new building. Chair Hewins opened the public hearing. Wayne Barrett, Manager of the Coiro Ferry System, 2108 East Third Street, introduced Myron HiUman, 1429 RoseStreef, Port Townsend, Washington, a consultant hired to direct the proposed construction. Mr. Hillman stated that staff had described the proposed construction project very adequately, and he would respond to questions from the Commission ifnecessary. In response to Commissioner Nutter, Mr. Hillman answered that as much grating as possible will be used in the reconstructed pier per agreement with the Washington Department of Fisheries and Wildlife (WDFW). The vehicle transfer span is grated and is one of the only such spans used in the Puget Sound area. The WDFW is requesting that certain signage be installed describing marine life areas around the shoreline. This will be done. In response to Commissioner Nutter, Mr. Barrett answered that the ferry system is a major partner and is working closely with the Port Angeles Downtown Association with its Gateway project and that parking issues are a part of the discussion. No special considerations have been made for bicycle transportation as there has never been a problem with non motorized travelers that needs to be dealt with. Commissioner Nutter asked that as the design phase draws to a close, those responsible try to be bicycle friendly. Mr. Barrett responded that he cannot remember any bicycle travelers registering complaints regarding facilities that are not available to them as ferry travelers. Aria Holszhuh, Executive Director of tire Port Angeles Downtown Association, 1051/2 East First Street, was very happy that the ferry service is adhering to the proposed new design pallette for the Downtown. He thanked Mr. Barrett for his participation in the City's Gateway proposal and noted that the Gateway plans do provide bicycle travelers some amenities for securing their bicycles. There being no further discussion, Chair Hewins closed the public hearing. Commissioner Reed moved to approve the shoreline substantial development permit as proposed with the following conditions, findings, and conclusions: . . . Planning Commission Minlltr!S October 27.1999 Page 11 Conditions of Approval I. Approval is for the project as submitted by the applicant and identified as Attachment B to the October 27, 1999, Planning Department Staff Report for SMA 99-10 and as hereby conditioned. 2 If, during any excavation, phenomena of possible archaeological interest are uncovered, the developer shall immediately stop such work and provide for a site inspection and evaluation by a professional archaeologist approved by the Elwha Klallam Tribe to ensure that all possible archaeological data is properly salvaged. 3. The project shall comply with all regulations ofthe City's Shoreline Master Program, specifically those of Chapters 4, 5,6 and 7. 4. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 5. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. 6. The project must maintain compliance with the conditions of approval of the Hydraulics Project Approval (HP A) issued for this project by the Washington State Department of Fish and Wildlife. 7. The color scheme for the new structures shall comply with the Downtown Historical Color Scheme as approved by the Port Angeles Downtown Association for use in the Downtown. Additionally, non-reflective materials and colors shall be used. Findin~s Based on the information provided in the October 27, 1999 Staff Report for SMA-99-1O (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. The applicant, Blackball Transport, Inc., applied for a Shoreline Substantial Development Permit on August 27, 1999. The application was determined to be complete on September 1,1999. The application is identified as Attachment B to the October 27,1999, Planning Department Staff Report for SMA 99-10. 2. A Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on October 5, 1999. . . . Planning Commission Minutes October 27. 1999 Page 12 3. In accordance with legal requirements of the City of Port Angeles and the State of Washington, the notice of application and subsequent hearing process was'advertised in the Peninsula Daily News' legal section on September 1, 1999. 4. The applicant is proposing to replace an approximately 15,000 sq. ft. portion of the Blackball terminal pier. The existing pier is a timber pier supported by creosote timber piling. 5. A total of280 creosote piling will be removed. 250 of the piling will be broke off at their mud line and the remaining 30 will be pulled. 6. The proposal calls for the pier's existing wooden deck to be replaced with a deck constructed of cast concrete panels. 7. The new deck will be supported by 115 new piling. 63 of the piling are to be made of steel and 52 will be treated and washed wood fender piling. 8. The project also includes replacing the existing passenger loading and customs building located on the north end of the pier. The existing 7,090 sq. ft. building actually consists of two structures. One of the structures is of wood construction and the other is of metal. 9. Both of these structures were located on the pier during the 1960' s and were not part of the original pier's construction. 10. The new building will be a single story 7,640 sq. ft. steel constructed building (height of21' above the deck). 11. The exterior of the building will be a mixture of vertical metal siding, areas with a sand textured finish, and non-glare windows. 12. The applicant has applied to the Washington State Department of Fish and Wildlife (WDFW) for a Hydraulic Project Approval (HP A). 13. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance were reviewed with respect to this application. 14. The site is designated as Commercial in the City's Comprehensive Plan, Central Business District (CBD) in the City1s Zoning Ordinance, and Aquatic-Harbor (AR) in the City's Shoreline Master Program. 15. The use of the pier as a water-dependent transportation terminal is a permitted use in the CBD and AH designations. . . . Planning Commission Minutes October 27, } 999 Page} 3 16. The proposed project is a major reinvestment in the use of the pier as an int~mational transportation facility. 17. The City's waterfront trail runs east and west along Railroad A venue to the south of the subject property. 18. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas (ESA) Ordinance (Section 15.20 PAMC) as a "beach and associated coastal drift process area." 19. Chapter 15.20 of the Port Angeles Municipal Code defines and provides procedures which must be followed when development is proposed within environmentally sensitive areas. The applicant must obtain an administrative ESA approval per Chapter 15.20 of the Port Angeles Municipal Code. 20. Related Comprehensive Plan and Shoreline Master Program goals and policies are identified in Attachment C to the October 27, 1999 Staff Report for SMA 99-10 21. The Lower Elwha Klallam Tribe was notified on September 7, 1999, of the proposal. No comments were received. Conclusions: Based on the information provided in the October 27, 1999, Staff Report for SMA 99-10, 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's Comprehensive Plan, Zoning Ordinance, and Shoreline Master Program. B. The Washington State Department of Fish and Wildlife is the state agency best qualified to review the proposed project with regard to potential impacts to the aquatic environment. C. As conditioned, the project will not be detrimental to the shoreline and aquatic environment. D. The proposed project reemphasizes the Blackball Feny's transportation facility's role as a significant part ofthe community's economy. E. As conditioned, the proposed project will enhance the public health, safety and welfare. F. As conditioned, the project will not interfere with public use of or access to public lands or waters. . . . PI(lnning Commission Minu/es October 27. /999 Page J.4 G. The State Environmental Policy Act requirements have been fulfilled. The motion was seconded by Commissioner King and passed 5 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Planning Director Collins reviewed the schedule for the year 2000 Comprehensive Plan amendments for the Commission's approval. REPORTS OF COMMISSION MEMBERS Commissioner Nutter asked what staff knew about dumping into an environmentally sensitive ravine area at the corner of Penn Street and the 5/6 alley. Staff will ask the Public Works Department for an update. ADJOURNMENT The meeting adjourned at 9:30 p.m. ~~ ad Colhns, Secretary tt/~ Fred Hewins, Chaif- PREPARED BY: S. Roberds . . " . 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