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Home My WebLink AboutMinutes 03/12/2014 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 12, 2014 6:00 p.m. ROLL CALL Members Present: Thomas Davis (by phone), David Miller, Tim Boyle, Duane Morris, George Reimlinger Members Absent/Excused: Two vacancies Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood Public Present: Kathryn Beck, Scott Headrick PLEDGE OF ALLEGIANCE Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Reimlinger moved to approve the minutes of the February 26,2014 meeting. The motion was seconded by Commissioner Miller and passed unanimously. PUBLIC HEARING: CONDITIONAL USE PERMIT—CUP 14-02 —Verizon Wireless, 850 Ediz Hook Road: Proposal to place new communication antennas on an existing building in the Industrial Heavy (11-1) zone. Planning Manager Roberds reviewed the Department Report and responded to questions from Commissioners. Chair Boyle opened the public hearing. Kathryn Beck, 733 7t" Avenue NE, Kirkland WA, representing Verizon Wireless stated that the staff report was correct and answered questions from the Commission. She thanked staff for their helpfulness throughout the application process. Commissioner Reimlinger moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions: 1. The applicant will retain a current lease from the City of Port Angeles for the activity and will notify the City of anticipated change to the approved use prior to modification of the equipment. Routine maintenance is approved that does not change the current approved status of the equipment. Equipment on the site will be of a neutral color. Planning Commission Minutes Movr6/2,zm4 Page 2. An elevation codifico1c is required for the current placement o[new equipment per Section 15.12.240 PANIC. /\building permit will be required for future egoipoocu1 maintenance that involves change out of equipment or additional equipment pleceouco1 but unless equipment ia placed above the elevation n[the current equipment, anew certificate of elevation will not bcrequired. l. Kathryn Beck, ofCmacudiu PM, submitted u conditional use permit application to the City o[Port Angeles for modification of an existing support facility fbrl/ezizou Wireless on pcbrnozy {U, 2014. The application was determined tobc complete onFebruary 18` 2014. 2. Application materials indicate a proposal to install 3 new panel antennas to a height of 32 feet(22 feet for the antenna on u 10 foot structure), 3 new Remote Iludin T]oi10 /llI{l1\ and 2 new surge protectors on top of a support structure that houses other emergency and communications cgoip00001. The structure isowned by \/erizon Wireless under oland lease from the City of Port Angeles. Co location use has been provided for cocuzuuoiouliou services at the site and ul0wer for many years. The proposed use is an upgrade lo services provided oo the site that include City emergency response and other telecommunication equipment. 3. A shoreline substantial development permit was approved (SMA 97-15) in lg47toallow construction ofthe mnbicc1 support structure. The land }0000 for the structure is cuu.cu1 and allows for telecommunication use. 4. The City's Telecommunications facilities regulations are codified as Chapter 17.52 (Wireless Telecommunications Towers and Facilities) of the Port Angeles Municipal Code (PANIC). The development standards have been in place since 2O0l. 4. Section 17.52.015 PANIC states that the purpose for the Wireless Telecommunications Towers and Facilities regulations is: A. The gouool purpose m[this ordinance imto regulate the placement, construction, and modification o[wireless telecommunications towers and facilities in order to protect the health, safety, and welfare of the public, while at the same time encouraging the development o[the competitive wireless telecommunications zuurkc<D|aoc io the City. B. The specific purposes of this ordinance are: I. To allow the location of wireless telecommunication towers and facilities in the City; 2. To protect residential zones from potential adverse impact of towers and telecommunications facilities; 3. To minimize adverse visual impact oftowers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques: 4. Tn promote and encourage shared ooc/cn-}ncutionof towers and antenna ) support structures as a primary option rather than construction of additional / single-use towers; Planning("onlinission Alinilles March 12,2014 Page 3 5. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities; 6. To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and 7. To ensure that towers and telecommunications facilities are compatible with surrounding land uses. 8. To overcome the potential adverse impacts that poorly or unregulated telecommunications facilities could have on the public health, safety and welfare. 5. Section 17.52.020 PAMC provides exemptions from permitting processes for certain activities and types of antenna use. Section 17.52.020(C) allows for an exemption for "Panel, wave, or other similar antennas ten square feet or less regardless of zone." The proposal is to place panel antenna that are 22 feet in height. 6. The site location is found in the City's IH Industrial Heavy zone on property identified as being designated OS on the City's Comprehensive Plan Land Use Map. Section 17.52.020 PAMC indicates that Telecommunications uses may be permitted in any zone by conditional use permit. 7. The site location on Ediz Hook is within the shoreline jurisdiction but is considered maintenance and is exempt from shoreline permitting. 8. The subject property is located within a 100 year flood plain or area of special flooding as identified on the Flood insurance rate map (FIRM). The location is in a V6 (high velocity) area of the shoreline. Per Section 15.12.110 (Flood Damage Prevention)PAMC, "Development"means "...any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures... or storage of equipment or materials located within the area of special flood hazard." As such, improvement to the support structure to include the antennas is a development. The City's conditional use permit review also acts as review of the proposed action per Section 15.12 PAMC. 9. A flood plain certificate will be required to be filed following completion of the installation per Section 15.12 PAMC. 10. Legal public notice was placed in the Peninsula Daily News on February 23, 2014, and the site was posted for land use action on February 19, 2014. No written comments were received by the end of the public comment period that ended on March 10, 2014. Conclusions: A. The proposed activity has been reviewed for compliance with the City's zoning, Comprehensive Plan and Shoreline Master Program regulations and has been found to be compliance with these land development regulations. B. As conditioned, the proposed activity will not result in alteration to the existing support structure nor result in construction below an elevation of 10 feet, which is above flood Planning Commission Minutes Alarch 12,2014 11age 4 level for the site. The activity is therefore in compliance with the City's Flood Damage Prevention Ordinance Chapter 17.52. C. The proposal will not result in land disturbance and will therefore not require a Cultural review of the intended activity. D. The activity is not exempt from those activities listed in Section 17.52.020 PAMC, specifically Section 17.52.020(C) PAMC, and was therefore processed as a conditional use permit per Section 17.96.050 PAMC. Commissioner Miller seconded the motion that passed unanimously. WORK SESSION Associate Planner Scott Johns introduced the work session item for a proposed mixed use overlay zone by saying that staff is hoping to add to the City's development regulations such that opportunities for development flexibility are available that result in a planned campus environment in other than residential or industrial zones. The City already has a variety of overlay zones available for residential uses and overlay zones for industrial uses but not for other types of zoning. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:10 p.m. Scott J07, Scbrelary Tim Boyle, �Ir PREPARED BY: . Johns