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HomeMy WebLinkAboutMinutes 12/09/2009pORTANGELES W A S H I N G T O N U S A. COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street December 9, 2009 6 p.m. I. CALL TO ORDER Pledge of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of November 10, 2009 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT CUP 09 -07 -Rick Nordberg, Fields Drive, Eclipse Industrial Park: Operate a metal recycling yard in the IH, Industrial Heavy zone. (This item is continued from October 28, 2009 2. MUNCIPAL CODE AMENDMENT MCA 09 -02 CITY OF PORT ANGELES: Proposed amendments to Chapters 14 (Building and Signs) and 17 (Zoning) of the Port Angeles Municipal Code relative to providing clarification of existing regulations, including definition that is lacking, and identifying zoning of properties that have been vacated. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS Presentation of Facade and Signage Competitive Grant Program applications. VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMf.S.:ri n., L'R.S Doc F ^ics (Chau), John hlaniiews V ILL Ch:u). Wei Bt c' bhkc Caudill. Tine 13uyie „Ad Sue, mary v 2 oweis PLANNING S'I' 1PP N.uhjn West, Urecrn, Sue 'uberds, Planning Manage! 'Scott Jul:.., Asc eiste Planner; Roberta Kum., 4ssrstani i'l3ris ROLL CALL Members Present: John Matthews, Werner Beier, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue Members Absent: Staff Present: Public Present: APPROVAL OF MINUTES PUBLIC HEARINGS: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 9, 2009 6:00 p.m. Mike Caudill Nathan West, Sue Roberds, Roberta Korcz, Heidi Greenwood Brad Collins, Mike Millar, Rick Nordberg, Jonathan Shotwell With a correction to those present at the meeting, Commissioner Powers moved to approve the November 10, 2009, regular meeting minutes. The motion was seconded by Commissioner Sue and passed 5 0 with Commissioner Matthews abstaining due to his absence at the meeting. CONDITIONAL USE PERMIT CUP 09 -07 -Rick Nordberg, Fields Drive, Eclipse Industrial Park: Operate a metal recycling yard in the IH, Industrial Heavy zone. (This item is continued from October 28, 2009 Planning Manager Roberds reviewed the Department Report recommending approval of the Conditional Use Permit, and identified the location, zoning, and intent of the proposed operation in reference to the PAMC. Jonathan Shotwell 484 Eclipse Industrial Park, Port Angeles, stated he thought the project was explained well in the staff report, and noted a second access to the site. Rick Nordberg, 153 Huehslein Road, Port Angeles, stated that he works with 50 -60 private businesses to pick up and handle recyclable metals. Auto parts, rather than entire cars, would be recycled on site. If crushing or disassembly of automobiles is desired in the future, all necessary permits will be obtained prior to commencing such an activity Excess materials will not be stored on site for long. His intent is to collect a truck load full of materials and deliver to an appropriate regional recycling facility on a regular basis. No retail use will be conducted on site. Mr Nordberg is anxious to assist citizens who would like to remove large metals from their properties thus creating more appealing neighborhoods. Planning Commission Minutes December 9, 2009 Page 2 There being no further testimony, Commissioner Reiss closed the public hearing. Commissioner Boyle moved to approve the Conditional Use Permit with the following conditions, findings, and conclusions: Conditions 1 The metal recycling yard shall be obscured from view by the use of either a solid site obscuring fence at least 7 feet in height or a combination of vegetation or land forms and /or fencing to a height of 7 feet, located on or within 5 feet of the property lines. No storage or display of any junk, merchandise, article, or vehicle may be stored outside of the fence area. 2. A minimum of 10 parking spaces shall be provided on the site per PAMC 17.35 050, and be developed to the satisfaction of the City's Public Works and Utilities Department for the type of use intended. 3 The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October 15, 2009 Findings 1 Richard Nordberg submitted Conditional Use Permit application CUP 09 -07 to operate a metal recycling facility on a 5 acres site in the Eclipse Industrial Park on September 22, 2009 2. The site is zoned Industrial Heavy The property directly adjacent to the west is situated within Clallam County jurisdiction and is zoned RCC3 Rural Character Conservation. 3 The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal H, and Policies H3 and H4, and Economic Development Element Policies B4 and B5 were found to be most relevant to the proposal. 4 The City's Comprehensive Plan designates the site and surrounding areas as Industrial. The site is located in the City's Southwest Planning Area. Development in the vicinity includes wrecking /junk yards, lumber mills, an asphalt plant, contractor yards, and other industrial uses that are expected in industrial areas. 5 Metal recycling is not listed as a permitted or conditional use in the IH zone, nor is the use defined or otherwise mentioned in Title 17, PAMC. The most similar use found in the Port Angeles zoning code is a junk yard that is permitted by conditional use in the IH zone. 6. 17 08.055 "J" PAMC defines a junk yard as an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings." 7 Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses 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 Planning Comm,ssian Minutes December 9, 2009 Page 3 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 Anticipated impacts of each proposed use 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. 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. 8. PAMC Chapter 17.35 050 requires 10 off street parking spaces for any approved junk yard. 9 City Departments reviewed the application and did not forward any concerns to the Department of Community and Economic Development with regard to the proposed use. No utilities are being requested for the use that are not available in the area. Any extension of utilities to the site will be the responsibility of the property owner 10 Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 30, 2009, posted on the site on September 28, 2009, and mailed to property owners within 300 feet of the subject property on September 28, 2009 No public comment was received during the public comment period which ended on October 15, 2009 11 A Determination of Non Significance was issued for this proposed action o October 26, 2009 12. The Planning Commission conducted a public hearing on the proposal at the October 28, 2009, regular meeting. Conclusions 1 As conditioned, the metal recycling use meets the requirements of PAMC 17.35, Junk Yards Conditional Use Permit, and development that is permitted in the Industrial zone per PAMC 17.34 2. The application was processed in accordance with requirements for review and approval of a conditional use permit as specified in PAMC 17.96.050, 3 Conclusions 4 As conditioned, the metal recycling use meets the requirements of PAMC 17.35, Junk Yards Conditional Use Permit, and development that is permitted in the Industrial zone per PAMC 17.34 5 The application was processed in accordance with requirements for review and approval of a conditional use permit as specified in PAMC 17.96.050 Commissioner Beier seconded the motion, which passed unanimously. Planning Commission Minutes December 9 2009 Page 4 MUNCIPAL CODE AMENDMENT MCA 09 -02 CITY OF PORT ANGELES: Proposed amendments to Chapters 14 (Building and Signs) and 17 (Zoning) of the Port Angeles Municipal Code relative to providing clarification of existing regulations, including definition that is lacking, and identifying zoning of properties that have been vacated. Community and Economic Development Director West reviewed staff's report and noted one additional amendment to Section 14 40 160 Parking Lot Activity Standards such that it is clearly identified that each activity may be for a consecutive period of days. Chair Reiss opened the public hearing. In discussing proposed amendments to Section 14.36.090(B) Removal of Prohibited and Nonconforming Signs, Planning Manager Roberds indicated that the current wording reflects the changes suggested by the Commission during the November work session on the amendments. Mike Millar, ASM Signs, 1327 East First Street noted the importance of the ability to protect a conforming electronic (or lit) sign in the event a business closes by providing a blank face over the sign mechanics to protect from the elements until such time as a new business is located on the site. Commissioners and staff discussed the matter and concluded that if a blank face is present there is no sign, and therefore a conforming sign structure could remain for up to one year from the date of closure of the previous business use with a potential extension as is provided by the proposed amendment in the event a new business does not locate within one year from the date of closure of the previous business. Staff agreed that the intent is to cause the removal of derelict nonconforming structures. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Beier moved to recommend approval of Municipal Code Amendment MCA 09 -02 as proposed. The motion was seconded by Commissioner Matthews and passed 6 0. Planning Commission Minutes December 9, 2009 Page 5 COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Community and Economic Director West went over the City's Facade and Competitive Grant Program, briefly discussing the history, process, and outcome of the Program. He indicated that this was a pilot grant and will be offered again at least two more times in 2010 Assistant Planner Korcz discussed the evaluation criteria used by staff to score and rank the 11 applications received. Based on staff rankings, she recommended the Planning Commission approve three facade and one Signage Competitive Grant Applications in the amounts as follows: Kaufman-Miller (123 E. 1 St Street) for $10,000, Serenity House (535 E. 1 Street) for $4,179, Pacific Refrigeration (600 E. 1 Street) for $1,000, and Bailey's Signs (112 S. Lincoln Street) for $10,000 on the condition (as specified in the Port Angeles Downtown Association's recommendation) that the exposed brick be maintained on the southerly portion. Commissioner Powers moved to approve the applications and amounts for funding as recommended by staff. Commissioner Matthews seconded the motion REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7.30 p.m. %/a- Sue Roberd PREPARED BY S. Roberds ecretary Doc Reiss, Chair PRINT NAME ADDRESS AGENDA ITEM r 6_4 (0)1 :,..s Z2 L 11 -1" St 1 $Cr en e �S`t re; 6r -4 iS3 kACW I"\ R A I 0 ,.42,ec 4if fer l H1 -4i, h5 )i IN rd Y4 t f l(ire- L Mel ortM Ec' 1 3z\ 4 ?y.'c' t PORTANGELES W A S H I N G T O N U S A PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do 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. 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