HomeMy WebLinkAboutMinutes 09/27/2000
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~ORTANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 27,2000
CALL TO ORDER
7p.m.
II. ROLL CALL
III.
APPROVAL OF MINUTES:
September 13, 2000
IV. CONTINUED PUBLIC HEARINGS:
1.
Conditional Use Permit CUP OO~07 - Burst Wireless. Inc.. 716 S. Chase Street:
A request for a conditional use permit to allow a wireless ~communication use that
includes the installation of a 58-foot tower in the Community Shopping District (CSD)
zoning designation. (Continued from September 13,2000). .. ..
2. Conditional Use Permit CUP 00-08 - Breen. 402 East. Eighth. Street. A request
for a conditional use permit to allow a wireless communication use that includes the
installation of a 64' tower in the Commercial Neighborhood. District (eN) zoning
designation. (To be continued to the October 11, 2000 meeting)
v . COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS -Status on Clallam County moratorium on new
telecommunication facilities
VII. WORKSESSION ITEMS .
1. Discussion on neighborhood subarea planning
VIII. REPORTS FROM COMMISSION MEMBERS
IX. ADJOURNMENT
PLANNING COMMlSIONERS: Fred Hewins (Chair), Linda Nlltter (Vice-chair), Bob King, Fred Norton, Bob Philpot, Charles Schramm, Mary Craver
PLANNING STAFF: Brad Collins, Planning Director" SlIe Roberds, Planning Specialist, Debra Barnes, Associate Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 27, 2000
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins,
Mary Craver, and Chuck Schramm
Members Excused:
Bob King
Staff Present:
Debra Barnes
Public Present:
Steven Caplan, Rick Compton, Katerina Hur, Bruce Rotrold,
Annette Umbarger, Debbie Hayes, and Kathy Monds
APPROVAL OF MINUTES
Commissioner Nutter moved to approve the September 13, 2000 meeting minutes
making two minor typographical corrections. The motion was seconded by
Commissioner Norton and passed 5-1 with Commissioner Craver abstaining due to her
absence at the meeting.
CONTINUED BUSINESS
COl'rnITIONAL USE PERMIT - CUP 00-07 - BURST WIRELESS, 716 South
Chase Street: Request for a conditional use permit to allow a wireless communication
use that includes the use of a 60' tower in the Community Shopping District.
(Continued from September 13, 2000.)
Staff presented the staff report. Several questions were raised by the Commission, including
typographical errors on Pages 4 and 10, definition of 'fast-growing' trees, explanation of a
testing site versus a permanent site and how that relates to the decision before the Planning
Commission (temporary use/permanent use), and explanation of utility structures including
whether or not they are considered temporary or permanent. Chair Hewins opened the
public hearing.
Steve Caplan, Burst Wireless, Inc., 575 Andover Parkway, Tukwila, WA, agent for Burst
Wireless, stated that Burst chose Port Angeles as testing site for wireless internet and noted
that this is the first site of its kind in the U.S. He explained that they currently have an
experimental FCC license and will seek a permanent license after bidding for the spectrum
at an auction in December. The project has two phases. The first phase is testing with the
second phase anticipated one year later being permanent. He reiterated that they are seeking
a CUP for both phases and that a temporary CUP is not being sought. He described the
Planning Commission Minutes
September 27.2000
Page 2
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structures including the Lucent SOW (Site on Wheels) and the Burst COW (Cell on Wheels)
and tower. The proposed tower is a monopole design and will be non-penetrating meaning
that it could be easily removed. He explained the need for the requested tower height. He
added that Burst agreed with the staff report, except for conditions numbers 3 and 4. He
requested changes to Condition #3 so that the necessary planting should occur one year after
granting of the CUP to allow for the permanent license to be obtained and that it appeared
feasible that planting could occur on the west property line or along the parking strip on
Eighth and Chase Streets. As for Condition #4 regarding retention of the trees he stated that
Mr. Ralston (landlord) would grant the required easement but Ms. Pfaff-Pierce (property
owner) stated that she would not cut the trees nor would she sign an easement.
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The Commission asked for clarification of several issues, including what was currently
underway at the site, further explanation of the different structures, dimensions of the
monopole and base as well as antennas, where the height would be measured from (ground
or top of support base), distance from tower to trees, FCC licensing, business strategy to
place tower prior to a permanent license, feasibility of co-location, location of where this
type of tower exists, description of wiring from the antennas to the building and how it
would be housed, review of view shed photos, use of existing office building, ability to fence
pole and other structures to address potential safety concerns with children, compatibility
with farmer's market event held in the parking lot, term oflease of the subject property,
expected changes to traffic flow and parking needs for the business, and mitigation for view
impacts.
Steven Caplan, Rick Compton and Bruce Rotrold, representing the applicant, responded to
the above questions.
Cathy Monds, 234 East Ninth Street, lives directly south of the proposal and is concerned
with camouflaging the tower as she would view the base as well as the top of tower.
Debbie Hayes, 233 East Ninth Street, stated that her view would be impacted and now has
doubts on whether or not to pursue an addition to her home that would have expanded her
view. She added that Lincoln Street is a view corridor that would be impacted by the
proposal. She noted that should a one-way reconfiguration of Lincoln and Peabody Streets
should occur the view corridor would increase.
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The Commission asked additional questions of the applicant including their opinion as to
consistency with the intent of the community shopping zoning designation and compatibility
with neighbors, surfacing materials of parking lot, site plan and structure location, ability to
move tower to the northwest which would be closer to the trees, loss of parking spaces
should the tower be moved, description of the base, and whether the area could be fenced for
security.
The Commission asked staff for clarification if there would be a setback problem with
moving the structure closer to the alley and the height of utility poles and light standards.
There being no further testimony, the public hearing was closed. The Commission discussed
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September 27. 2000
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an additional condition of moving the structure, or deferring the location to staff for approval
or delaying the decision until a new site plan could be prepared and submitted. It was noted
that, because the Pfaff-Pierce trees cannot be secured, reliance on them to buffer impacts
cannot be made. It was also noted that the safety issue was a concern and that the
environmental impacts of the proposal were significant. The applicant provided a brochure
which further depicted the base of the structure.
Commissioner Craver suggested that another condition be added to require removal of the
tower should the permanent license not be obtained and that the site be restored to its original
condition. She also noted that Condition #4 should be revised to remove the reference to the
Pfaff-Pierce easement. Commissioner Craver made a motion to approve CUP 00-07 with
added and changed conditions previously mentioned. It failed for lack of a second.
Chair Hewins asked the applicant to explain the expiration of the temporary, experimental
license and the terms ofthe permanent license. Chair Hewins stated that the last sentence
of Condition #3 should be changed to be one year from CUP approval. The applicant
clarified that there would be no lights or strobes on the tower. The Commission discussed
conditions to avoid conflicts with the farmer's market event. It was concluded that such
conditions would be inappropriate.
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Chair Hewins reviewed the various changes to the conditions of approval that the
Commission discussed. He stated that Conditions #1 and 2 were fine as stated in the staff
report. Condition # 3, last sentence should be revised to allow for implementation to occur
at the appropriate planting time upon receipt of the permanent license and shall not exceed
one year from the approval of the CUP. Condition # 4 should be revised to remove the
reference to the Pfaff-Pierce property. Added Condition #5 should address tower removal
and restoration of the site should a permanent license not be granted. Added Condition #6
should require fencing around the base structure of the tower and associated facilities.
Added Condition #7 stated that the tower be re-Iocated to the northwest property comer to
further shield the structure and improve the buffering from the trees, and that a new site plan
depicting the new location shall be submitted to the Planning Department for approval prior
to issuance of a building permit for the tower structure.
Commissioner Schramm moved to approve CUP 00-07 with the following 7 conditions
and citing the following 17 findings and 5 conclusions:
Conditions
L The equipment and its operation shall be in compliance with Federal Communication
Commission licensing requirements for such facilities.
2.
A City of Port Angeles building permit shall be obtained for the tower structure prior to
placement.
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Planning Commission Minutes
September 27, 200()
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A landscaping plan shall be submitted for approval by the Planning Department prior to
issuance of a building pennit for the tower. The plan shall be limited to the screening of the
base structure and tower and shall incorporate fast-growing, tall evergreens on the subject
property. The plan shall be implemented at the appropriate planting period upon receipt of
a permanent license, not to exceed one year from the date of approval of the conditional use
pennit.
4. An easement shall be obtained and legally recorded for the retention of the trees located on
the Ralston property to the north. The term of the easement shall be for the period that the
tower exists on the subject property.
5. Should the applicant not obtain a permanent license, the tower and associated utility
structures shall be removed and the site restored to its original condition.
6. Fencing shall be provided around the tower structure and any associated utility structures in
order to address safety concerns.
7. The tower structure should be moved to the northwest comer of the property to maximize
shielding of the structure. A site plan depicting the new location shall be provided to the
Planning Dept. for approval prior to issuance of a building permit.
Findings
The following findings are based on the information provided in the September 27,2000
Staff Report for CUP 00-07, including all of its attachments. Consideration was also given
to the comments and information presented during the September 27, 2000 public hearing,
and the Planning Commission's discussion and deliberation. Consequently, the City of Port
Angeles Planning Commission hereby finds:
1. The applicant, Burst Wireless, Inc., applied for a conditional use permit to place a 58'
tall monopole telecommunication tower, base structure and mobile unit for the
purposes of developing a testing facility for wireless internet services for the central
Port Angeles area. The application is identified as Attachment B and includes project
site photos and a view impact analysis.
2. The site is located at 716 S. Chase Street at the northwest corner of Chase and Eighth
Streets. The tower, base station and mobile units will be located west of the existing
office building. Commercial zoning designation and commercial land uses abut the
subject property on the east, north and west sides. Residential zoning designation
and land uses are located across Eighth Street to the south.
3.
The tower will extend approximately 20' to 30' above the existing tree tops. A array
of up to nine antennas will be installed on a triangular platform located near the top
ofthe tower, depending on need. Each of the antenna panels is approximately 3' and
is cylindrical in shape. The pole and antennas will be painted to blend into the
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September 27, 200()
Page 5
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surroundings and together, will not exceed 58-feet in height. No lights will be placed
on the pole. The support pad is approximately 10' by lOin dimension. The adjacent
utility structure is 14' by 40' feet in size and contains the necessary electronic gadgets
for the operation. Depending on the results of the testing, the electronics will be
housed within the office building and the temporary structure will be removed.
4.
The site is zoned Community Shopping District [CSD]. This commercial zone is
intended to serve the immediate needs of the surrounding residential zones and is
slightly less restrictive than the CN zone. The proposed use, a communication
building and structure, is considered similar to a utility structure as listed in P AMC
17.22.160 (F) and as such may be approved in the CSD zone as a conditional use per
P AMC 17.40.050.
5.
The Comprehensive Plan Land Use Designation for the site is Commercial [C].
6.
The Comprehensive Plan Land Use Element, Commercial Goals and Policies, Goal
E states: "To provide shopping opportunities which meet the needs of all City
residents and visitors in safe, usable shopping areas that are compatible with the
surrounding area and uses, the environment, and the desired urban design of the
City". Policy E3 states: "Commercial development should buffer its impacts on
adjacent residential uses. Where commercial development is adjacent to residential
uses, the commercial development should incorporate elements into the site design
to soften the impacts on the residential uses."
7. The Comprehensive Plan Utilities and Public Services Element Goal A is "To
provide or allow the opportunity for services and facilities which enhance the quality
oflife 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."
8. The Comprehensive Plan Conservation Element, Goal A is: "To create and maintain
a community with a high quality of life where the land is used in a manner that is
compatible with the areas's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment". Goal B states:
"To protect and enhance the area's unique physical features, its natural, historical,
archeological, and cultural amenities, and the overall environment." Policy B 17
states that "The City should identify and preserve significant public scenic view
corridors."
9.
The Comprehensive Plan Economic Development Element Goal A states: To create
and maintain a balanced and stable local economy with full employment and
emphasis on strengthening the community's traditional natural resource related
industries as well as diversifying the overall economic base." Policy A3 states: "The
City should promote long-term economic stability by encouraging businesses and
industries to invest in modernization and environmentally sound technology." Policy
A5 states: The City should promote the location, retention, and expansion of small
Planning Commission Minutes
September 27, 2000
Page 6
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and medium sized businesses which access their markets and suppliers through
telecommunications and available shipping and transit." Goal B states: "To have a
healthy local economy that co-exists with the community's high quality of life
through the protection, enhancement, and use of the community's natural, historical,
and cultural amenities. Policy BI states: "The City should promote the region's
quality of environment and available natural resources as factors in attracting and
retaining business, industry, and individual enterprises."
Zoning Code, P AMC 17.22.160 requires a conditional use permit approval for a
utility building or structure. P AMC 17.08.1 05 (E) defines utility building or structure
as an installation to provide utility service. P AMC 17.96.050 specifies the
requirements for a conditional use permit which includes: I) approval of permits
which are consistent and compatible with the purpose ofthe zone which it is located,
2) consistent with the comprehensive plan, 3) not contrary to the public use and
interest, and 4) may include restrictions or conditions found by the Planning
Commission to be essential to protect the public health, safety, and welfare, and to
prevent depreciation of neighboring property. A conditional use permit may be
denied if it would result in defeating the purpose of the zone by introducing
incompatible, detrimental or hazardous conditions.
The installation of this and other similar facilities expands the variety of
telecommunication services available to the community. 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.
12.
The Federal Communications Commission (FCC) has the overall responsibility for
regulating the telecommunication industry under the Telecommunications Act of
1996. The FCC will ensure that the frequency emissions do not exceed the minimum
standards.
Preservation of local zoning authority is specified in the Act under Section 704
(a)(7)(A) which states: "GENERAL AUTHORITY - Except as provided in this
paragraph, nothing in this Act shall limit or effect the authority of a State or local
government or instrumentally thereof over decisions regarding the placement,
construction, and modification of personal wireless service facilities. (B) (i)
LIMITATIONS states: "The regulation of the placement, construction, and
modification of personal wireless service facilities by any State or local government
or instrumentally thereof - (I) shall not unreasonably discriminate among providers
of functionally equivalent services; and (II) shall not prohibit or have the effect of
prohibiting the provision of personal wireless services. Other requirements specify
acting on applications within a reasonable time period, issuing a written decision
with substantial evidence to deny applications, and deferring to the FCC to address
and regulate the frequency emissions and their potential environmental effects.
13.
Needs of the industry include minimum distances and line of sight requirements to
other antennas, as well as adequate power and phone service availability. These
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September 27. 2000
Page 7
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needs are analyzed by the proponent in determining the preferred location for the
structure, as well as the needed height of the structure. It is sometimes difficult to
discern the needs of a particular provider, given the every-changing technology, as
well as competition between providers.
14.
Because the proposed monopole tower structure and attached antennas would be less
than 60-feet in height and located within a commercial zone, the project is
categorically exempt by the State Environmental Policy Act under WAC 197-11-
800(27)(a)(iii) and RCW 43.21C.0384.
15.
Through the State Environmental Policy Act or Zoning Ordinance, local
governments are responsible for requiring the information necessary to evaluate both
the individual and cumulative impacts of such proposals that may individually or
cumulatively degrade the quality oflife and be inconsistent with the Comprehensive
Plan. A view impact analysis can be completed to help identify the extent of
potential, negative aesthetic impacts. The applicant submitted a series of photos of
the site from various locations in order to ascertain which properties or
neighborhoods would be impacted by the proposal. If approved, the subject proposal
will result in negative aesthetic impacts onto properties to the south that have
territorial or marine views. However, these impacts are mitigated by tall trees that
are located on adjacent properties. Should these tall trees be removed or fall from
natural causes, the impacts would be greater. Properties located directly south of the
property could be impacted by the pole construction; this could be mitigated by
landscaping at the base of the structure, or on the southern property line.
Comprehensive Plan Land Use Policy IX (B)(17) states that the City should identify
and preserve significant public scenic view corridors. To date, scenic corridors have
not been identified in an adopted plan or regulation. It can be assumed that the
Lincoln Street corridor would be included as an area identified as scenic due to the
mountain and marine views observed while traveling both north and south within this
corridor. The subject proposal could be seen from Lincoln Street while traveling or
walking south.
16. No letters of comment were received from the public regarding this application
during it's public comment period which concluded August 30, 2000.
17.
Section 17.22.200(5) sets forth a 35-foot height limit for the CSD zone. Section
17.94.170 of the Port Angeles Municipal Code exempts antennas from the Zoning
Code's height restrictions. It has been the policy of the Planning Department that the
exemption was intended for ham radio or television antennas and not commercial
utilities, such as the proposal. It also has been the policy of the Planning Department
to not require that an additional variance application be submitted for utility
structures which exceed the height limitations because the height issue can be
adequately addressed through the conditional use process.
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Planning Commission Minutes
September 17. 2000
Page 8
Conclusions
The following conclusions are based on the information provided in the September 27,2000
Staff Report for CUP 00-07, including all of its attachments. Consideration was also given
to the comments and information presented during the public hearing, the Planning
Commission's discussion and deliberation, and the above listed findings. Consequently, the
City of Port Angeles Planning Commission hereby concludes:
A. The project, as conditioned, is consistent with the City's Comprehensive Plan,
specifically Comprehensive Plan Land Use Goal E and Policy E3; Utilities and
Public Services Element Goal A and D; Conservation Goals A and B and Policy
B17; and Economic Development Goals A and B, and Policies A3, A5 and Bl.
B.
As conditioned, the proposed use is compatible with the adjacent land uses. The
location selected for the new tower which is not a co-location allows for the office
operations and staffing to be in close vicinity of the base structure and antenna for
maintenance purposes. There are currently no tower facilities between the Peninsula
College area (BPA site) and US West/Quest at 4thILaurel. The potential negative
aesthetic impacts of the tower facility to adjacent residential land uses with terrestrial
and/or water views, and the overall scenic quality of the City cannot be avoided;
however it can be mitigated by retention of existing tall trees and planting of new
trees, as well as limiting the height of the structure.
C. As conditioned, the proposal is consistent with the requirements for approval of a
conditional user permit under P AMC 17.96.050.
D. The proposed project, as conditioned, is not detrimental to the public interest.
E. The installation of this and other similar facilities expands the variety of
telecommunication services available to the community and region.
Commissioner Craver seconded the motion passed 5-1. Commissioner Nutter noted her
dissenting vote was due to her disagreement with the consistency with the purpose of
the CSD zone under Finding #6 and the environmental impacts that cannot be
mitigated under Finding #8.
CONDITIONAL USE PERMIT - CUP 00-08 - BREEN, 402 East Eighth
Street: A request for a conditional use permit to allow a wireless
communication use that requires the installation of a 60' tower in the
Commercial Neighborhood District. (Continue to October 11, 2000.)
Staff noted that the applicant has submitted the requested relevant materials. Staffis now
prepared to conduct a public hearing on October 11, 2000. Chair Hewins opened the public
hearing. No testimony was provided. Commissioner Nutter moved to continue the
public hearing to October 11,2000, 7 p.m. Commissioner Norton seconded the motion
which passed 6-0.
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Planning Commission Minutes
Page 9
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS - Status on Clallam County moratorium on new telecommunication facilities
Staff provided a brief overview of the status of the County's moratorium on
telecommunication towers. Commissioner Schramm requested that a copy of the County's
draft telecommunication ordinance and the status of the County Planning Commission's
deliberation on the draft ordinance be included in the October 11 th packet. A discussion was
held on a moratorium for new cellular towers and the need for policy guidance and/or a city
ordinance to address potential conflicts with neighboring uses. Also discussed was the
standards set by other jurisdictions. The Commission requested an overview of
telecommunication ordinances adopted by other jurisdictions as well as information on
procedures and guidance on moratoriums for the October 11 th meeting.
Staff provided an overview of upcoming agenda items which included a public hearing for
another telecommunications tower on October 11 th, a public hearing for a co-location facility
on October 25, and a worksession on annual code 'fixes' on October 25 with anticipated
public hearing in November.
WORKSESSION ITEMS
Staff explained that neighborhood planning could be discussed in more detail at a future
meeting. Staff requested that the Commission contact staff should there be any additional
items/issues not mentioned in the memo that was provided at the meeting so that we can
better prepare for the next time this item will be discussed.
REPORTS OF COMMISSION MEMBERS
Bob Philpott mentioned that improvements have been made at Oak and Front. Linda Nutter
stated that she has a conflict on October 11 th and could not attend that meeting.
ADJOURNMENT
Chair Hewins adjourned the meeting at 9:10 p.m.
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Fred Hewins, Chair
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Brad Collins, Secretary
PREPARED BY; D. Barnes