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HomeMy WebLinkAboutMinutes 02/25/2015 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 25, 2015 6:00 p.m. ROLL CALL Members Present: Nancy Powers, David Miller, Scott Headrick, Brian Hunter, Chad Aubin Members Excused: Duane Morris, One vacancy Staff Present: Sue Roberds, Nathan West, Heidi Greenwood, Ben Braudrick Public Present: Angela Raymond, Bob Dickson, Brett Bies, Tom and Bliss Wood, Kent Sommerfeld, Edna Willadsen, Judi Hangartner, Kathleen and Courtney Buchannan, Sara and Sean Dutrow, Brad Schaefer, Alan Shad PLEDGE OF ALLEGIANCE Chair Headrick opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Hunter moved to approve the January 28, 2015, regular meeting minutes. The motion was seconded by Commissioner Miller and passed 4 — 0 with Commissioner Headrick abstaining due to absence at the meeting. PUBLIC HEARINGS: Chair Headrick reviewed the qualifying questions for quasi judicial proceedings with Commissioners. All Commissioners responded that they had no Appearance of Fairness of Conflict of Interest issues to report with either of the two agenda items. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No concerns were voiced by anyone present. CONDITIONAL USE PERMIT—CUP 15-01 —VERIZON WIRELESS: 1303 West 8`' Street: Proposal to allow additional wireless antennae (3) on an existing tower containing a wireless antenna array and lighting for a public park in the Public Buildings and Parks zone. Assistant Planner Ben Braudrick presented the Department Report recommending approval of the conditional use permit. Following general discussion relative to the location of the existing tower within the subject property, Chair Headrick opened the public hearing. PbMlirrg COMMiSSi011 d�Iinutes Februag 25,2015 Page 2 Angela Raymond, 3501 NE 109"' Court#A2, Vancouver, WA represented the applicant. She had nothing further to add to the staff report. There being no further discussion, Chair Headrick closed the public hearing. Following brief deliberation, Commissioner Powers moved to approve the conditional use permit citing 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. 2. An elevation certificate is required for the current placement of new equipment per Section 15.12.240 PANIC. A building permit will be required for future equipment maintenance that involves change out of equipment or additional equipment placement but unless equipment is placed above the elevation of the current equipment, a new certificate of elevation will not be required. Findings: 1. Angela Raymond of Caseadia PM submitted a conditional use permit application to the City of Port Angeles for modification of an existing support facility for Verizon Wireless on January 15, 2015. The application was determined to be complete on January 21, 2015. 2. Application materials indicate a proposal to install 3 new panel antennas to a height of 79 feet, new Remote Radio Units (RRU), and new surge protectors on top of a support structure that houses other emergency, communications, and lighting equipment. Support equipment will also be housed within a 20' x 20' green slatted private fenced area with a gravel base. The pole structure is owned by CCTMO LLC under a land lease from the City of Port Angeles. Collocation use has been provided for communication services at the site and a tower for many years. The proposed use is an upgrade to services provided on the site that include City emergency response and other telecommunication equipment. 3. A conditional use permit was approved (CUP 00-02) in 2000 to allow construction of the subject support structure. The land lease for the structure is current 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 (PAMC). The development standards have been in place since 2001. Planning ConIIIIWion Minzrtes February 25,2015 Page 3 5. Section 17.52.015 PAMC states that the purpose for the Wireless Telecommunications Towers and Facilities regulations is: A. The general purpose of this ordinance is to regulate 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. B. The specific purposes of this ordinance are: 1. 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 of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques: 4. To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers; 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. 6. 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 79 feet in height. 7. The site location is found in the City's PBP Public Building and Parks 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. 8. Legal public notice was placed in the Peninsula Daily News on January 26, 2015, and the site was posted for land use action on January 22, 2015. No written comments were received by the end of the public comment period that ended on February 9, 2015. � e Maiming Commission Minutes February 25,2015 Page 4 Conclusions: A. The proposed activity has been reviewed for compliance with the City's zoning, Comprehensive Plan 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 79 feet, which is below the 120 foot maximum allowed height for the site. The activity is therefore in compliance with the City's Wireless Telecommunication Towers and Facilities Chapter 17.52. C. The proposal will result in minimal 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 5—0. CONDITIONAL USE PERMIT—CUP 15-02 —JAFAY— 1509 Critchfield Road: An agricultural (marijuana) use in the Industrial Light zone. Associate Planner Scott Johns presented the Department Report recommending approval of the conditional use permit. Following general discussion regarding the subject property, Chair Headrick opened the public hearing. Kurt Jafay, 1509 Critchfield Road, Port Angeles did not have anything further to add to the staff report but was present for questions. Brad Shaefer, 112 Newhaven Lane, Port Angeles stated that although he is not in favor of the legalization of marijuana, the Washington State voters have approved the use. He noted that RCW 82.04.213 does not list the growing of marijuana as an agricultural use but since the zone in which the activity is being proposed is light industrial (IL), he is in favor of the use in the IL zone. Edna Willadsen, 1719 E. Lambert Lane, Port Angeles asked how seepage from chemicals used in the agricultural activity would be contained on site. Planner Johns noted that there are restrictive buffer requirements that should take care of any infiltration of on-site agricultural use. The use of insecticides is regulated by state law and is designed to eliminate drift into wetland areas. Mr. Johns noted that the wetland has been farmed for a historic period of time. If greenhouse use is established as a result of the subject use, current more stringent stormwater standards will be applied for that construction. The proposed agricultural use will be less intensive than the previous farming activity because the historic/current use has ignored the wetland that was driven through during farming activities. Staff will review new development on the site relative to current development regulations, including wetland and stormwater rules. Planning Commission Minutes February 25,2015 Page 5 There being no further questions, Chair Headrick closed the public hearing. Following brief discussion, Commissioner Miller moved to approve the conditional use permit subject to the following conditions and supported by the following findings and conclusions: Conditions: 1. The applicant shall obtain all necessary permits from the Washington State Liquor Control Board and any other agency required by law under 1502, prior to the start of operation. 2. The applicant shall obtain a wetland delineation, marls the edge of the wetland and the location of the appropriate buffer in the field, and submit the report to the City and all agencies with wetland jurisdiction prior to any earth disturbing activity. 3. The construction of a greenhouse requires a building permit to be obtained prior to construction. 4. Prior to the use of greenhouses, the applicant shall verify that light spilling from use of the greenhouses is in compliance with the regulations of the Federal Aviation Authority (FAA) and will not interfere with the operations of the Fairchild International Airport. 5. No new earth disturbing activities shall occur within the 150-foot stream buffer adjacent to Dry Creek. Findings: Based on the information provided in the Community Development Staff Report for CUP 15-02 dated February 25, 2015, 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: 1. On January 21, 2015, Kurt Jafay submitted Conditional Use Permit application CUP 15- 02 to allow an agricultural use in the Industrial Light zone at 1509 Critchfield Road. Agricultural uses are listed as conditionally permitted uses in the Industrial Light (IL) zone per Section 17.32.040(B)(1) PAMC. The application was deemed complete on January 21, 2015. 2. The site is located in the City's southwest Planning Area. The Comprehensive Plan designates the site as Industrial (west portion) and Open Space (east portion). The two designations are separated by an imprecise margin. 3. The subject site is located at the north end of Critchfield Road. Development in the vicinity includes the Extreme Sports Park, Fairchild International Airport, farmland, construction uses, and undeveloped forested areas. 4. Per Section 17.08.010(C), a conditional use is defined as "A limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. " Planning Commission Minutes February 25,2015 Page 6 5. The proposed site is 6.3 acre in area (parcel number 073001340075) that is zoned Industrial Light. Surrounding zoning is Industrial Light to the north and west and Industrial Heavy to the east and south. The Dry Creek corridor is zoned Public Buildings and Parks. 6. Previous use of the site was as a small farmette with a single family residence. The only known crop of the farm was hay. 7. The City's electronic mapping system identifies that a portion of the site contains wetlands. Wetlands have been delineated on the neighboring property. The site is bounded by Dry Creek on the east side. Both Dry Creek and identified wetlands are Environmentally Sensitive Areas per PAMC Title 15. 8. The City's Environmentally Sensitive Areas Ordinance codified as PAMC 15.24.050(A)(7) indicates that activities that include "...the destruction or alteration of iwetlands vegetation through clearing, harvesting, shading, intentional burning, or plantiniar of vegetalion that would after the character of'a regulated regtiire a wetland permit. PAMC 15.24.050(B), Allowed Activities subsection 4 reads "Existing and ongoing cigricailiural activities, including,fanning, horticulture, aquaculture, irrigation, ranching or grazing(Y'aninials...."and further states, ".4ail�ities on areas lying fcillow as Bart of a conventional rotational cycle are])art of an ongoing operation. Activities which bring an area into agrlcultr.iral l.ise are not Bart of an ongoing operation. An operation ceases to be ongoing when the area on ivhicb it ivas conducted has been converted to another use or has lain idle so long that modifications to the hydrological regime are necessary to resume operations. " The applicant will be required to obtain a wetland delineation from a qualified, professional wetland specialist. The wetland delineation must locate- the edge of the wetland, and determine the categorical classification of the wetland prior to proceeding with the proposed new agricultural activity. Information gathered by the wetland delineation will be used to determine the required buffer size and the area remaining on the site that may be cultivated. In review of wetland permits,buffers will vary depending upon the intensity of the intended use. An agricultural use is considered a low intensity use when the activity is outside of the wetland buffer area and the buffer is established with undisturbed native vegetation. The entire wetland area and buffer have been mowed for hay. Dry Creek is located at the eastern edge of the property. Site plans for the proposal show that all agricultural activities will occur to the west of the existing structure and outside oil' the required 150 foot stream buffer. 9. The City's Zoning Code is nonspecific regarding fencing heights in the Industrial Light zone, however fences over 6 feet in height are considered structures and will require a building permit. A fence must be setback from property lines as prescribed in PAMC 17.32 050. 10. Due to the remote location relative to single family residential uses or other activities, concerns regarding odor resulting from agricultural uses should not be a problem. Application materials indicate that air scrubbers will be used in the course of processing. Planning Commission Minutes February 25,2015 Page 7 11. Application materials indicate that up to 15 employees may be present periodically depending on the requirements of the operation. No retail sales will be allowed by law. A 4,000+ square foot paved parking area currently exists on the site. The existing paved area should provide adequate area to facilitate the anticipated number of employee vehicles. No additional parking area is required or anticipated. 12. 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 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 a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 13. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal D and Policies D.1, H.4, J.1, &J.2; Conservation Element Goal A, Policy A.1, Goal B, Policies B.1, & 7; and Economic Development Goal A and Policy A.4, were found to be most relevant to the proposal. 14. 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. 15. Reviewing City Departmental comments were considered in the review of this application. Those comments have been incorporated into staff's February 25, 2015, staff report. 16. Notification of the conditional use permit application was placed in the Peninsula Daily News on January 25, 2015, posted on the site on January 22, 2015, and mailed to property owners within 300 feet of the subject property on January 21, 2015. Written comment was accepted until February 9, 2015. Comments were received from Dry Creek Water Association and the Army Corps of Engineers. Those comments were attached to and incorporated into the February 25, 2015, staff report. 17. A Determination of Non-Significance was issued for this proposed action on February 19, 2015. 18. The Planning Commission opened a public hearing on the proposal at the February 25, 2015, regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 15-02 February 25, 2015, 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 application was processed in compliance with Section 17.96.050 PAMC for conditional use permits. Planning Commission Minutes February 25,2015 Page S 2. As conditioned, the agricultural process will be developed consistent with the City's Wetland and Environmentally Sensitive Areas Ordinances (Title 15) of the Port Angeles Municipal Code and with State law that allows such use per 1502. 3. The proposed activity is consistent with the City's Comprehensive Plan and Zoning Ordinances and is therefore in the public interest. 4. As conditioned, the proposed activity will not be detrimental to surrounding properties or the public and will function in accordance with regulations to prevent light encroachment in association with the nearby Airport use if structures are developed for the use that require intensive light use. Commissioner Hunter seconded the motion that passed 5—0. FACADE AND SIGN GRANT APPLICATIONS: Olympic Veterinary Clinic— 1331 East Front Street Planner Ben Braudrick presented staff's recommendation in review of the Facade and Sign grant applications for the Olympic Veterinary Clinic. He noted that the applicant had revised the sign portion of the application such that the amended request could be supported by staff as the resulting sign would be significantly smaller in area than the previous sign. The proposed construction improvement costs are estimated to be $30,367.27 to reconstruct the parking lot landscaping and a fenced area along the Front Street property line, install goose neck lighting above the facade signage, paint a mural along the building facade, replace the freestanding sign face, and replace lettered signage along the front facade of the building. Sara Dutrow, 616 E. 9th Street, Port Angeles,was present for questions. There being no discussion, Commissioner Powers moved to approve a facade grant in the amount of$10,000 for the proposed improvements including$485.57 to improve signage for the site. Commissioner Hunter seconded the motion that passed 5—0. First Federal Savings & Loan— 141 West First Street Planner Ben Braudrick presented staff s recommendation outlining application points for First Federal Savings and Loan facade grant application. Kent Sommerfeld, 321 W 15th Street, Port Angeles was present for questions. There being no further discussion, Commissioner Miller moved to approve a facade grant in the amount of$10,000 for the proposed improvements. Commissioner Powers seconded the motion that passed 5—0. Bliss Hair Design—207 West First Street Planner Scott Johns presented staffs recommendation outlining application points for a facade grant application for Bliss Hair Design. He commented that the building has gone a long time Planning Commission Minutes February 25,2015 Page 9 without any real improvement and provided a Power Point presentation to identify the deteriorated condition of the exterior of the structure. Director West noted that no staff members other then Planner Johns worked on the subject application due to appearance of fairness concerns in that other members in the Department frequent the business. Tom and Bliss Wood, 501 East First Street, Port Angeles were present for questions. There being no further discussion, Commissioner Hunter moved to approve a facade grant in the amount of$10,000 for the proposed improvements. Commissioner Miller seconded the motion that passed 5—0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Associate Planner Johns noted that the City is embarking on a review and revision/update to the Comprehensive Plan. Staff will provide a spread sheet of expected timeline work dates. This is an opportunity to update goals, policies, and objectives as well as informational date about the City. Director West noted that a directive has been received from Council that a Hearings Examiner be used to determine quasi judicial hearings the hope would be that would free up the Planning Commission to deal with more long range policy updates. Planning Manager Sue Roberds noted that Commissioner Reimlinger had resigned, and noted that the position is vacant. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:20 p.m. ff Sue Roberd�, Secretary -Scott Headrick, Chair PREPARED BY: S. Roberds