HomeMy WebLinkAboutMinutes 07/24/2013 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
July 24,2013
6:00 p.m.
ROLL CALL
Members Present: Doc Reiss, Thomas Davis, David Miller, Tim Boyle, Duane
Morris, Scott Headrick , George Reimlinger
Members Absent: None
Staff Present: Sue Roberds, Scott Johns, Nathan West, Heidi Greenwood
Public Present: Steve Reynolds, Jonathan Shotwell, Mark Jones (by
speaker phone)
PLEDGE OF ALLEGIANCE
Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Davis moved to approve the minutes of the July 1.0, 2013, regular meeting.
The motion was seconded by Commissioner Morris and passed unanimously.
CONTINUED PUBLIC HEARING:
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT— SMA 13-01
—NIPPON PAPER INDUSTRIES, INC.: Reconstruction/restoration of
shoreline armoring to protect utilities and structures in the Industrial Heavy
zone.
Chair Boyle declared the continued public hearing to be resumed. Associate Planner Scott Johns
noted that the need for continuation was due to a process matter. He explained that the
Department issued a Determination of Nonsignificance (DNS) following completion of an
environmental review of the application proposal. Issuance of the DNS requires a 14-day
response period for agencies with jurisdiction that had not as yet passed. It is therefore necessary
to wait until the comment period is concluded to take final action on the application. Mr. Johns
stated that the comment period has now passed without comment and the Commission should
take final action on the application.
There being no further comment. Chair Boyle closed the continued public hearing.
Commissioner Reiss moved to approve the shoreline substantial development permit with
the following conditions, findings, and conclusions:
Planning Commission Minutes
tidy 24,2013
Page 2
Conditions:
I The applicant must hire an archaeologist to be present on site during ground
disturbances. The Archaeologist must meet the Washington State guidelines for a
Professional Archaeologist during the permitted project. A professional report
must be submitted to the City upon completion of all ground disturbing actions.
2. In the event archaeological artifacts, features or human remains are discovered,
the proponent will notify the City of Port Angeles, the Lower Elwha Klallarn
Tribe, and the State Department of Archaeology and Historic Preservation, as
required in RCW 27.44 and 27.53. Archaeological Preservation requirements will
then be enacted as applicable to State law.
3. The applicant is responsible for obtaining all necessary permits from local, state, and
federal agencies. Verification of permit issuance shall be supplied to the city prior to
beginning any site alteration or construction.
4. Revegetation of the project site as indicated on pages 14 and 15 of the project design
submitted in application materials to the City shall occur immediately after completion of
the bank stabilization activity. The applicant shall observe plants over a 3-year period
and replace all plants that do not survive within that time with an annual report provided
to the City.
Findings:
s:
Based on the information provided in the July 10, 2013 Staff Report for SMA 13-01 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. An application for a shoreline permit was submitted by Nippon Paper Industries, on May
3, 2013, for the reconstruction/restoration of shoreline armoring for the drive ditch and
lagoon shorelines contained with the existing Mill site at 1902 Marine Drive.
2. A Determination of Non-Significance (# 1320) was issued by the City of Port Angeles
SEPA Responsible Official for the proposal on July 2, 2013.
3. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance,
Flood Plain Ordinance, and critical areas ordinances have been reviewed with respect to
this application.
4. The site is designated Open Space (OS) and Industrial (1),with an imprecise margin
between the two designations, in the City's Comprehensive Plan. The site is identified as
Industrial Heavy (IH) on the City's Zoning Map, and is designated Urban-Harbor (U-H)
on the City's Shoreline Master Program Map
5. The shoreline Modification Matrix in Chapter 5 of the City's Shoreline Master Program
indicates that shoreline modifications are permitted in the U-H designation.
6. The Nippon Paper Industries mill, and similar mill uses, have existed on this site for
many decades. This type of mill development has been historically considered to be
water dependent. The shoreline areas proposed for modification have all been previously
Planning Connnissimi Minutes
July 24,2013
Page 3
armored and do not exist in a natural condition. Nonstructural measures are not able to
achieve the same purpose of protections to existing infrastructure and improvements on
the site.
7. The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Land Use Element Goal G Policy 1, Conservation Element Goal B,
Policies I & 2, Goal D, Policies 2, 3, & 4; the City's Shoreline Master Program's Urban-
Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-1, H, 1-4: and Chapter 5,
Policy D-1, all associated regulations.
8. The City's waterfront trail runs east and west along Marine Drive which is directly
adjacent to portions of the project. The reconstruction/restoration activities will not
affect the current use of the trail.
9. Notice of the project was published in the Peninsula Daily Neiv,_S' on May 6, 2013. Notice
of the proposal was mailed to property owners within 300 feet of the project site on May
7, 2013. The site was posted on May 10, 2013. No public comment was received by the
Department of Community and Economic Development during the comment period that
ended on June 10, 2013.
10. The site is located entirely within the A6 flood zone (Flood Insurance Rate Map), described as
areas of 100-year coastal flooding. In accordance with Section 15.12.240 PANIC, the
Shoreline Substantial Development acts as the necessary floodplain permit. The project will
not result in above ground structures.
Conclusions:
Based on the information provided in the July 10, 2013 Staff Report for SMA 13-01 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. The proposed project as conditioned is consistent with the City Comprehensive Plan and
Shoreline Master Program, and the City's Flood Plain Management Ordinance.
B. The project is in support of an existing permitted water-dependent use.
C. As conditioned, the project will not be detrimental to the shoreline.
D. As conditioned, the proposed project will not interfere with public use of lands or waters.
Commissioner Davis seconded the motion that passed unanimously.
UNCLASSIFIED USE PERMIT — UUP 13-01 OWENSVILLE
COMMUNICATIONS, 484 Eclipse Industrial Parkway Extension of a tower
to a height o 120 feet in the Industrial Heavy zone to allow for a communication
tower:
Associate Planner Scott Johns reviewed staff s report recommending approval of the
unclassified use permit as proposed. The proposal is to extend an existing tower to a maximum
height of 120 feet from ground level to support a radio communication tower.
Planning Commission Minutes
July 24,2013
Page 4
Chair Boyle opened the public hearing. [Mr. Jones was available by phone for questions]
Commissioner Reiss asked if guy wires or the antenna itself could be reached from ground
level. Mr. Jones responded that site apparatus would be above the 60 foot level so access from
the ground would not be possible.
In response to questions from Commissioner Davis, Mr. Jones stated that the proposed
installation will result in a new FM station for the area. A request has been filed with the Federal
Communications Commission (FCC) for operation and a response to that application is expected
to be received within a few days. Communication with local Airport officials has indicated no
issues are anticipated. The tower will be registered with the FCC and with the Federal Aviation
Authority (FAA) during the life of the intended operation.
Commissioner Reiss asked about music format? Mr. Jones stated that he will research what
people are interested in to determine what music the locals prefer.
Commissioner Davis asked if a local studio front is planned? Mr. Jones responded that a
commercial studio is planned but the location has not as yet been determined; the antenna
location is the first priority.
Jonathan Shotwell, 484 Eclipse Industrial Parkway owns the subject property and supports
the project. The proponent currently operates four radio stations in the eastern portion of the
United States and knows how to operate communication services and will do a good job putting
this service together for the community.
There being no further testimony, Chair Boyle closed the public hearing.
Commissioner Reiss moved to approve the requested increase in height to 120 feet with the
following conditions, findings, and conclusions:
Conditions:
1. The tower shall be constructed so that additional telecommunication antennas may be
attached to the tower per Section 17.52.025 PAMC.
2. The applicant shall obtain all necessary permits from local, state and federal agencies,
including but not limited to City Building Department, County Health Department,
Federal Communications Commission, or other agencies with jurisdiction for operation
of a transmission tower. Evidence that required permits have been received shall be
submitted to the City's Community & Economic Development Department prior to
commencement of the activity.
Findings:
Based on the information provided in the Community Development Staff Report for UUP 13-01
dated July 24, 2013, including all information in the public record file, comments and testimony
presented during the public hearing, the Planning Commission discussion and deliberation, and
the above listed conditions of approval, the City of Port Angeles Planning Commission hereby
finds that:
Planning Commission Minutes
July 24,2013
Page 5
1 Mark Jones submitted an Unclassified Use Permit application UUP 13-01 to allow the
extension of a 60 foot tower structure to a height of 120 feet to allow establishment of a
radio transmission use in the Eclipse industrial area.
2. The proposed site is included in a 9.6 acre parcel located within the larger Eclipse
Industrial area and is zoned Industrial Heavy. Surrounding zoning is entirely Industrial
Heavy.
3. The project meets the standards for structure setbacks, lot coverage, site coverage and
required parking.
4. The site is located in the City's Southwest Planning Area, and the Comprehensive Plan
designates the site as Industrial. Adjacent designations are High Density Residential to
the west and southwest. The subject site is located at 484 Eclipse Industrial Parkway,
and development in the vicinity is primarily industrial uses.
5. Section 17.52 of the Port Angeles Municipal Code provides direction for the placement,
construction, and modification of 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 of the competitive wireless telecommunications
marketplace in the City.
6. Section 17.52.025(B) PANIC allows that "Towers may not exceed the maximum height
allowed for structures in any residential zone unless a modification has been approved
per Section 17.52.085 PAMC.. In industrial, public buildings and parks, andfibrest
lands zones, towers shall be permitted to a height ol"60feet, anti towers may be
permitted in excess of 60 feet to a height Qf*120,feet in accordance with a modification
approved per Section 17.52.085 PAMC. "
7. Section 17.52.085 PANIC reads "Notwithstanding the tower requirements provided in
this chapter, a modification to the development standards may be approved by the
Planning Commission as an unclassified use. "
8. Per 17.96.060 PAMC, the Planning Commission shall consider applications for
unclassified 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 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. The Planning Commission may refuse to issue
an unclassified use permit if the characteristics of the intended use would defeat the
purpose of the City's zoning regulations.
9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Element Goal A and Policy A.2; Land Use Element Goal D, and Policy D.1;
Transportation Element Policy B.14 and B.16; were found to be most relevant to the
proposal.
10. A development that is approved through the unclassified use permit process must
remain in continual compliance with specific conditions of approval or may be revoked.
11. Reviewing City Departmental comments were considered in the review of this
application.
Planning Commission Minutes
July 24,2013
Page 6
12. Notification of the proposed action and conditional use permit application was placed
in the Peninsula Daily News on July 2, 2013, posted on the site on June 28, 2013, and
mailed to property owners within 300 feet of the subject property on June 27, 2013.
13. A Determination of Non-Significance (DNS #1323) was issued for this proposed action
on July 22, 2013.
14. The Planning Commission opened a public hearing on the proposal at the July 28,
2013, regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report
for UUP 13-01 July 24, 2013, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
1. The proposal is consistent with requirements for approval of an unclassified use permit as
specified in PAMC 17.96.060.
2. The proposal is consistent with requirements for the development of tower structures
found in Section 17.52.025 and with Section 17.52.085 PAMC for extension of a tower
structure to a maximum 120 feet in height.
3. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance).
4. As conditioned, the proposal will serve the public by providing a radio transmission
resource for the area in compliance with Federal Communications Commission authority.
Commissioner Reimlinger seconded the motion that passed 6 -0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 6:35 p.m.
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Sue Roberds"Necretary Tim Boyle, Chaff`