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HomeMy WebLinkAboutMinutes 06/08/2005 . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 8, 2005 6:00 p.m. ROLL CALL Members Present: Leonard Rasmussen, Dave Johnson, Cherie Kidd, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: Kevin Snyder Staff Present: Mark Madsen, Sue Roberds Public Present: J e10rma McClean, Jim Hendrickson, Dan and Rhonda Jalbert, Walt and Susan Hafer APPROV AL OF MINUTES Commissioner Wharton moved to approve the June 8, 2005, minutes as presented. The motion was seconded by Commissioner Kidd and passed 6 - O. . PUBLIC HEARINGS: . Chair Rasmussen 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 prior to providing testimony at the public hearings PRELIMINARY SUBDIVISION - CRABAPPLE COURT - Crabapple Place: A proposal to develop a 16-unit subdivision in the RS-9 Residential Single Family zone. (This item should be continued to June 22,2005, at the applicant's request.) Assistant Planner Sue Roberds noted that staff is working with the applicant on certain design issues that will require additional time prior to the Commission's review and noted that the applicant had therefore requested a continuation of this issue. Chair Rasmussen opened the public hearing. Commissioner Matthews moved to continue the public hearing to the June 22, 2005, regular meeting. The motion was seconded by Commissioner Kalish and passed 6 - o. CONDITIONAL USE PERMIT - CUP 05-02 - VERIZON WIRELESS. 2807 Porter Street: Co-location of a third telecommunications facility on an existing tower in the PBP Public Buildings and Parks zone. Assistant Planner Sue Roberds presented the Department's report recommending approval of the conditional use permit with two conditions. Chair Rasmussen opened the public hearing. Commissioner Kidd noted that she was happy to see that the request was to co locate the . . . Plannzng CommiSSIOn Mmutes June 8, 2005 Page 2 being no public testimony, Commissioner Johnson moved to approve the conditional use permit citing the following conditions, findings, and conclusions: Conditions: 1. The applicant shall construct the additional antennae array on the existing utility pole located at 2807 Porter Street, Port Angeles, per the Conditional Use Permit application submitted on May 2,2005, to the City of Port Angeles. All standards for the proposed construction shall be observed and as part of the development, Bonneville Power Association will assess and verify the structural adequacy of the structure 2. The support site will require a building permit issued by the City of Port Angeles. Utility service shall be underground at the applicant's expense. Findings: The following findings are based on the information provided in the June 2, 2005, staff report for CUP 05-02, including all of its attachments. The City of Port Angeles Planning Commission hereby finds that: 1. A conditional use permit was submitted for Verizon Wireless to co-locate a third antennae array telecommunications facility on an existing 148 foot self supporting steel lattice public utility service communications tower on May 2,2005. A small (176 sq.ft.) ground level base station that will house required ground equipment and an emergency back up generator is proposed on-site as well. Information contained in the submittal included that required under Section 17.52.065 (A) PAMC and was considered to be complete on May 10, 2005. 2. The site is 2807 Porter Street and is owned and operated by the Bonneville Power Association and is located in the PBP Public Buildings and Parks zone. 3. The tower is currently used by T -Mobile and Cingular PCS facilities which are located at or above the 135 foot level. The proposed facility will be located at the 113 foot level. The area is fenced and secured. 4. The site will be unstaffed. A non-ionizing electromagnetic exposure analysis and FCC certification was prepared for Verizon Wireless in April, 2005, by Hatfield & Dawson Consulting Engineers and submitted with the current application. The study verifies that RF exposure levels near ground levelite will be well below the FCC public exposure limit. 5. Minimal traffic will be generated during construction and will be reduced to intermittent visits for routine maintenance once the initial construction phase is complete. 6. Section 17.52.065 Telecommunications Facilities on Towers and Antenna Support Structures P AMC requires that an application for a conditional use permit shall be made to the Department of Economic & Community Development for facilities that are not exempt under Section 17.52.020 P AMC. . Plannmg CommiSSIOn Mmutes June 8, 2005 Page 3 Section 17.52.020 Exemptions P AMC allows that certain small facilities less than 10 square feet shall be considered exempt from permitting requirements under Section 17.52 P AMC, the City's Telecommunications Ordinance. The proposal is larger than those facilities that qualify as exempt under Section 17.52.020(A) to (E). 7. The additional antennae array will be installed at approximately 113' from ground level on the existing tower. Panels will be constructed of nonreflective material. Coaxial cabling will run down the inside ofthe light standard/tower from the antennas underground to the ground support structure. 8. The Comprehensive Plan Land Use Designation for the site is Open Space (OS). The City's Comprehensive Plan and Land Use Map has been reviewed in its entirety with regard to the proposed activity. Goals and policies found in the Utilities and Public Services Element that address telecommunication and utility services. Local governments are responsible for requiring information necessary to evaluate both the individual and cumulative impacts of such proposals for consistency with the Comprehensive Plan. The Utilities and Public Services Element Goal A ofthe City's Comprehensive Plan reads: "To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics, needs, and interests." Goal D is "To provide utility services in an efficient and cost-effective manner." . 9. The site is zoned Public Buildings and Parks (PBP) where telecommunication towers and facilities are allowed uses through an unclassified or conditional use permit process. Co- location is encouraged and is the case in this proposal to reduce the impact of a more consumptive use of the land for such uses. 10. The Telecommunications Act of 1996 does not permit local interference with telecommunication equipment based on speculative health concerns. Those issues have been considered and decided upon by the Surgeon General's Office and are addressed in the Federal Communication Commission's (FCC) licensure requirements. The applicant is licensed by the FCC. Section 704 ofthe Act preempts local zoning regulation purporting to regulate the placement, construction, and modification of personal wireless service facilities on the basis, either directly or indirectly, on the environmental effects of radio frequency emissions (RF) of such facilities which otherwise comply with FCC standards. While state and local governments may study the effects of RF emissions, local authorities may not regulate the siting or construction of personal wireless facilities based on standards that are more stringent than those promulgated by the FCC. The City's State Environmental Policy Act (SEP A) Official issued a determination of nonsignificance (# ) for the proposal on June 2,2005. 11. The site was posted and public notices mailed to surrounding property owners within 300' of the site on May 13, 2005, and publication appeared in the Peninsula Daily News on May 15,2005. No comments were received during the publication and notification process. . . . . Planmng CommiSSIOn Minutes June 8, 2005 Page 4 12. The site is a low power facility which will not be a source of interference with electronic equipment including radios, televisions and telephone transmissions. Non interference is ensured by the FCC. A letter of compliance is part of the application. 13. Addressing the potential negative aesthetic impacts can be addressed by site location, structure height and design and vegetation preservation in order to ensure the continued, scenic views and overall, environmental quality of Port Angeles for its residents, as well as visitors. 14. The applicant submitted a series of photos ofthe site to establish the fact that the proposed use would not be in visual conflict with other established structures in the substation. Conclusions: The following conclusions are based on the information provided in the June 2, 2005 staff report for CUP 05-02 including all of its attachments. Consideration was also given to the comments and information presented during the June 8, 2005 public hearing, the Planning Commission's discussion and deliberation, and the above listed findings. Consequently, the City of Port Angeles Planning Commission hereby concludes that: A. The proposal is consistent with the standards ofthe City's Zoning and Telecommunications Ordinances specifically with Section 17.52.065 P AMC. B. As conditioned, the addition facility is compatible with adjacent land uses and allows for a co-location of telecommunication facilities including maintenance of the tower/pole. C. The proposal is in the public interest and use and does not impose an impact not already occurring in the area as the site functions as a major public power substation. The proposal does not significantly increase use of the site as a substation and is an appropriate location for the co-location of utilities. D. The installation ofthis and other similar facilities expands the variety oftelecommunication services available to the community and region. E. The existing development and continued operation of the site as a public power substation is in the public interest. The site development has been accepted by the neighbors and community in general as a needed public service use area. Additional landscaping would not reduce the existing visual impact of the site and therefore no additional landscaping is required. F. Radio frequency (RF) propagation maps submitted with the application verify that service levels will be enhanced by the placement ofthe co-located antennae. Customers would have dropped calls and gaps in available coverage resulting in substandard service if the facility were not permitted. . Planmng CommiSSIOn Minutes June 8, 2005 Page 5 G. Public health concerns regarding frequency emissions are adequately regulated by the Federal Communications Commission and not subject to local review. The motion was seconded by Commissioner Kalish and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC Jelorma McClean, 222 Rife Road, Port Angeles, extended an invitation to Planning Commissioners to visit the Downtown Farmer's Market activity. She noted that renewal of the conditional use permit will be heard by the Planning Commission in August, 2005. ST AFF REPORTS . Planner Roberds asked for an alternate representative to the City's Pool Oversight Committee. Commissioner Wharton volunteered to serve as an alternate to Commissioner Rasmussen on the Committee. Director Madsen reported the actions taken by the City Council at its June 7th meeting and that the Council had slightly amended the proposed wording change offered by the Commission and staff relative to the pre designation of land within the UGAs prior to annexation. The Commissioners agreed that the amended wording is less confusing. REPORTS OF COMMISSION MEMBERS Commissioner Kidd commended staff in their efforts to identify potential changes in the Comprehensive Plan that will allow pro active planning. She also noted that she will not be able to attend the June 22nd regular meeting. Commissioner Wharton also noted that she will not be available for the June 22nd meeting. Commissioner Kalish noted a recent article in the Peninsula Daily News with regard to the local real estate market and expressed concern that, although the market is experiencing tremendous activity, that there do not appear to be developments in the low to mid range income area. Commissioner Kidd noted that the local real estate association will share inventory and sales information with interested persons. Commissioner Rasmussen began a discussion regarding development standards and that they may need to be reviewed to allow the maximization of lot development in an attempt to lessen the cost of construction. Considerable discussion then took place. Director Madsen it may be difficult, particularly in the Downtown area, to effect change quickly as many properties have been owned by the same families for several generations and some owners are a little resistant to change. Commissioner Rasmussen stated that while the Downtown is doing a very good job bringing activity to the Downtown area, the general trend is to emphasize the historic nature of the Downtown and not change that nature or general uses Commissioner Kidd believed that a dialogue should be reopened with residents in the eastern Urban Growth Area in an effort to understand their concerns and issues. It is important to extend . City services and to provide development opportunities where they are appropriate in the UGA. . . . Planmng CommiSSIOn Mmutes June 8, 2005 Page 6 ADJOURNMENT The meeting adjourned at 7 p.m. PREPARED BY: S. Roberds ~ORTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda Of~ ~ ,;;zO~ To help us provide an a~curate record of those in attend ce, 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. NAME: ADDRESS: Agenda Item No. '::f J t'h JJ Jo'. N.rI A. ,../rz r 0 n) u\/q.. $.(1 cA~_L. f2N /~ In 0 nMS tp.J "_-' ..., C -r.... to ....::J\~ Y\.- v nD.nJ jot bert 7>,32- \ I v' ~ h Onl d<>- J l7\.~b~;t \\ \ \ II " ,/ V' ~fl -HlAfev ~124 Cr-o...b czp pIe PI. rho rr( <So V\ WCLI} tta.Fev II II J .e \',,1,-, \1\... ^\<J,A \ ~2~ 'e", G. 'etJ ..... /" . ;' '. c: \MyFl1es\Forms\Mtgrostpc. wpd