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HomeMy WebLinkAboutMinutes 01/14/2009PORTANGEL!ES W A S H I N G T O N U S A. COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street January 14, 2009 6 p.m. I. CALL TO ORDER Pledge Of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meetings of November 12 and December 10, 2008 IV. CONTINUED PUBLIC HEARING: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 08 -03 PA LANDINGS LLC, 115 E. Railroad Avenue: Proposal to allow up to 200 cubic yards of dredging and placement of up to 200 cubic yards of rip rap on an annual basis as anticipated maintenance within a tideland area in the Central Business District. V. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 08 -04 PORT OF PORT ANGELES, East Boat Haven, Marine Drive: Proposal to replace a marine railway system and fill, reinforce existing sheet pile, and add pile in support of existing travel lift within the marina area in the Industrial Heavy zone. 2. CONDITIONAL USE PERMIT BRASTER CUP 08 -05 -426 Fields Drive: A conditional use permit to establish a wrecking yard and recycling facility in the Industrial Heavy zone. The proposal includes a request to allow 24 -hour occupancy for a site manager /security use. VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSIONERS John Matthews (Chair); Doc Reiss (Vice Chair);Wemer Beier; Mike Caudill, Tim Boyle, Carla Sue, One vacancy PLANNING STAFF Nathan West, Director; Sue Roberds, Planning Manager; Scott Johns, Associate Planner; Dan Bialzrk, Assistant Planner MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 14,2009 6:00 p.m. ROLL CALL Members Present: John Matthews, Mike Caudill, Carla Sue, Doc Reiss, Tim Boyle Members Excused. Werner Beier, One vacancy Staff Present: Scott Johns, Sue Roberds, Heidi Greenwood Public Present: Paul Cronauer, Jessie Waknitz, Margie Braster APPROVAL OF MINUTES Commissioner Caudill moved to approve the November 12, 2008, regular meeting minutes. Commissioner Reiss seconded the motion, which passed 4-0, with Commissioners Sue and Matthews abstaining due to absence at the meeting. Commissioner Boyle moved to approve the December 10, 2008, regular meeting minutes. Commissioner Matthews seconded the motion, which passed 2 -0 with Commissioners Sue, Caudill, and Reiss abstaining due to absence at the meeting. PUBLIC HEARINGS: Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 08 -03 PA LANDINGS LLC, 115 E. Railroad Avenue: Proposal to allow up to 200 cubic yards of dredging and placement of up to 200 cubic yards of rip rap on an annual basis as anticipated maintenance within a tideland area in the Central Business District. Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with conditions, and identified the site location through use of a Power Point presentation. He responded to general questions from the Commission regarding the need for annual dredging and rip rap placement and described surrounding uses. Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements. All Commissioners responded that they did not have any appearance of fairness or conflict of interest issues with regard to the pending application. Chair Matthews opened the public hearing. Paul Cronauer, P.O. Box 282, Port Angeles, WA, further, explained that an increase in higher levels of silt hinders the Victoria Express ferry service from working safely in the Landing area, so it is necessary to anticipate annual maintenance work that includes dredging Planning Commission Minutes January 14, 2009 Page 2 and rip rap replacement. Mr Cronauer noted areas for proposed dredging and rip rap placement on the site plan displayed where dredging would occur that included areas west, east, and north of the Landing building area [note for the record. areas east and north were not included in the application materials.] There being no further testimony, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Boyle moved to approve the shoreline substantial development permit SMA 08 -03 with the following conditions, findings, and conclusions: Conditions 1 All dredge spoils shall be disposed of at an approved upland disposal site. 2. Prior to disposal of spoils at the Port Angeles transfer station, the spoils must be tested for content and be approved for disposal through the Waste Application process of the City of Port Angeles. 3 The dredge spoils shall be adequately dewatered prior to transporting to prevent the leaking or spillage of materials onto city streets during transport. 4 The applicant is responsible for obtaining all local, state, and federal permits required for the project as described. Documentation of permit approvals shall be provided to the city prior to the start of the dredging operation. 5 This permit is for ongoing dredging of the Port Angeles Harbor area limited to the area identified and described in SMA 08 -03 and is limited to a maximum of 200 cubic yards of spoils material and placement of up to 200 cubic yards of rip rap in any calendar year Dredging activities in excess of 200 cubic yards shall require geo- technical engineering documentation indicating the need for additional dredging. 6. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials shall be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills shall take precedence over other work on the site. Findings Based on the information provided in the January 14, 2009, Staff Report for SMA 08 -03 including all of its attachments, comments, 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 PA Landings LLC, on October 30, 2008, to dredge within the Port Angeles Harbor The application indicates that the work will occur in tidelands owned by Port Angeles Landings LLC The property is described as 115 E. Railroad Avenue. The current use of the subject area is to facilitate a marine transportation use (Victoria Express, Arrow Launch, and the adjacent Coho Ferry). An amendment request to include the addition of shoreline armoring rip rap above the ordinary high water mark was received on November 7, 2008. 2. An agreement between the Lower Elwha Klallam Tribe, State of Washington, the Port of Port Angeles, and the City of Port Angeles regarding the proper protocol for archaeological artifacts and remains was signed on august 14, 2006. The agreement Planning Comm,ss,on Afnndes January 14, 2009 Page 3 obligates the City to monitor earth disturbing activities between the ordinary high water mark and the marine bluff. Archaeologic oversight will be the responsibility of the U S. Army Corps of Engineers. 3 A Determination of Non-Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on January 6, 2009 4 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5 The site is designated Commercial by the City's Comprehensive Plan Land Use Map and is zoned Central Business District by the City's Zoning map. The City's Comprehensive Plan was reviewed with respect to the proposal. Comprehensive Plan Land Use Element Policy A.2. reads "All land use decisions and approvals made by the City Council and /or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." 6. The City's Shoreline Master Program was reviewed with respect to the proposal and identified the site as being Aquatic Harbor Chapter 5of the SMP indicates dredging and shoreline armoring are permitted activities in the A -H designation area. Chapter 6 Regulation I. reads, "Dredging and Dredge Material Disposal, specifies that dredging waterward of the ordinary high water mark shall be permitted for navigation or navigational access, or in conjunction with a water dependent use" The proposed dredging is in support of a water- dependent use (Victoria Express Ferry and Arrow Launch). No critical habitats as listed in the Shoreline Master Program exist at the subject site. The City's Shoreline Master Program's Aquatic- Harbor designation and Chapter 4, Policy B -1 4, D -1, and J -2, Chapter 7, Policies B 2, and 1 3, and all associated regulations. 7 Dredge spoils are considered 'problem waste' by the City of Port Angeles Public Works and Utilities Department and require testing prior to disposal at the City of Port Angeles Transfer Station. 8. The City's waterfront trail runs east and west along the length of the project following Railroad Avenue. No adverse impacts to the trail or its users is anticipated as a result of this project. Planning Commission Afimnes January /4, 2009 Page 4 Conclusions Based on the information provided in the January 14, 2009, Staff Report for SMA 08 -03 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. B The project will not be detrimental to the shoreline. C. The project will not create any adverse impacts to the Waterfront Trail or interfere with public access to the shoreline. D As conditioned, the proposed project will not adversely interfere with public use of lands or waters. The maintenance of the vessel docking area SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 08 -04 PORT OF PORT ANGELES, East Boat Haven, Marine Drive: Proposal to replace a marine railway system and fill, reinforce existing sheet pile, and add pile in support of existing travel lift within the marina area in the Industrial Heavy zone. Associate Planner Scott Johns reviewed the Department's report recommending approval of the shoreline substantial development permit with conditions. Mr Johns further described the proposed site redevelopment through the use of a Power Point presentation and responded to questions relative to mitigation measures that had been taken by the Port in anticipation of the proposed work. In response to Commissioner Caudill, Planner Johns stated that stormwater techniques are not being considered as part of the shoreline permit. The permit addresses only over water construction including fill. Improvements landward of the proposed fill will require a stormwater handling plan. Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements. All Commissioners responded that they did not have any appearance of fairness or conflict of interest issues with regard to the pending application. Chair Matthews opened the public hearing. Jesse Waknitz Port of Port Angeles, P.O. Box 1350, Port Angeles, WA, represented the applicant. He agreed with staff's recommendation, and was present for questions. There being no further testimony, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Reiss moved to approve shoreline substantial development permit SMA 08 -04 with the following conditions, findings, and conclusions: Conditions 1 The applicant shall be responsible for obtaining all required permits from state and federal agencies with jurisdiction prior to commencing work. 2. All creosote treated wood that is removed shall be disposed of in accordance with Washington State's dangerous Waste Regulations (WAC 173 -303) and Excluded Categories of Waste (WAC 173 303 -071). All waste and debris generated by the project Planning Commission Minutes January 14, 2009 Page 5 Categories of Waste (WAC 173 303 -071). All waste and debris generated by the project shall be collected and removed to a legally permitted waste disposal or recycling site. 3 Any debris stockpiled on shorelands before disposal shall be placed in lined containment areas. Findings Based on the information provided in the January 14, 2009, Staff Report for SMA 08 -04 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 Substantial Development Permit was submitted by the Port of Port Angeles on November 19, 2008, for the removal of a marine railway system to create an increased upland maintenance area, reinforcement of haul out piers, and reinforcement of a sheet pile wall at the Boat Haven marina dry dock in Port Angeles. 2. A Determination of Non Significance was issued by the Port of Port Angeles SEPA Responsible Official for the proposal on November 24, 2008. 3 The Port Angeles Shoreline Master Program was reviewed with respect to this application. The site is located within both the Urban Harbor and Aquatic- Harbor jurisdictions in the City's Shoreline Master Program. Chapter 5 of the City's Shoreline Master Program indicates boating facilities are permitted uses in the U -H and A -H designations. 4 The Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Ordinance have been reviewed with respect to this application. The site is designated Open Space in the City's Comprehensive Plan and Industrial, Heavy (IH) in the City's Zoning Ordinance. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A -2; the City's Shoreline Master Program's Urban Harbor and Aquatic- Harbor designations, and Chapter 4.A, Universally Applicable Regulations, #2, Policies D -1, E -2, and K -1, Chapter 5, Policies D -1 and 3,and F -2, 6, and 8, and Chapter 6, Policies B -1 2 and all associated regulations. 5 The City's waterfront trail runs east and west along the south side of the project area outside of work area. The proposed project will not impact the use of the Waterfront Trail. 6. A Biological Evaluation by Marine Surveys and Assessments of Port Townsend, dated November 2008, was submitted with the application. Findings ranged from "may affect, not likely to adversely affect" to "no effect" with regard to potential effects to wildlife from the proposed activity 7 The Biological Evaluation report indicates that approximately 2,457 square feet of benthic substrate has been returned to a more natural condition through the removal of boat houses, the finger pier, and various piles. Approximately 1,120 square feet of flat upland area will be created from filling the area currently occupied by the marine railway That area is currently under water concrete which provides poor substrate for benthic organisms. The report concluded that an increase of overall marine habitat will become available for refuge and foraging habitat for affected species upon completion of the project. Planning Commus,an Altnutes Janua,y 14, 2009 Page 6 8. Notice of development application was published in the Peninsula Daily News on December 19, 2008 Notice of the proposal was mailed to property owners within 300 feet of the project site and the site was posted on December 16, 2008. No public comment was received by the end of the written comment period that ended on January 9, 2009.Agencies with jurisdiction were provided application information during the public comment period. Agencies included were the Department of Ecology, the Department of Fish and Wildlife, and the Army Corps of Engineers. Agency comment was included in staff's analysis. Conclusions Based on the information provided in the January 14, 2009 Staff Report for SMA 08 -04 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 project as conditioned is consistent with the City's zoning, Comprehensive Plan, and Shoreline Master Program. B. The project will not be detrimental to the shoreline. Mitigation measures have been taken to offset added upland areas. C. As conditioned, the proposed project will not interfere with public use of lands or waters. The motion was seconded by Commissioner Boyle, and passed 5 0. CONDITIONAL USE PERMIT BRASTER CUP 08 -05 426 Fields Drive: A conditional use permit to establish a wrecking yard and recycling facility in the Industrial Heavy zone. The proposal includes a request to allow 24 -hour occupancy for a site manager /security use. Associate Planner Scott Johns reviewed the Department's report recommending approval of the conditional use permit with conditions and responded to questions about utilities available to the site: water power, and sewer Mr. Johns responded that the applicant will need to either extend City utilities to the site. Through use of a Power Point display, he identified where utilities exist that could be extended to the site by the applicant. A lengthy discussion of fencing requirements then took place along with an examination of surrounding use characteristics. In response to Commissioner Reiss, Mr Johns responded that operation of a junk yard facility where the possibility of site contamination exists or could occur as a result of a proposed future use would be under the oversight of both the State Department of Ecology and the Local Department of Health. Soil erosion potential and oversight of proposed fill would fall within the City's Public Works and Utility Department jurisdiction. Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements. All Commissioners responded that they did not have any appearance of fairness or conflict of interest issues with regard to the pending application. Chair Matthews opened the public hearing. Margie Braster, 317 South Jones Street, stated that she wants to run a clean, neat, attractive, environmentally safe, wrecking yard use. She would like to fill a short ravine area to consolidate the site, fence the property along the property lines, install a septic system, and extend City water and power to the site. She does not intend to store vehicles on the premises Planning Commission Mmu /es January 14, 2009 Page 7 without reason. Her plan is to get vehicles in, and get them out in an acceptable, legal manner. Her desire is to ensure the safety of the site and ensure that neighbors are safe. Proposed site development will result in the elimination of illegal, random dumping of materials on the property and allow appropriate management of the site. Mrs. Braster realized the logistics of the extension of water and power to the site, and hoped that she would qualify to be able to install a septic system rather than extend the City's sewer to the site. Planning Manager Sue Roberds distributed site photos for the Commission's information. Kevin Rodman, 4065 Eden Valley Road, is the immediately adjacent property owner to the east. He agreed that random dumping does occur on the site, and on his own property, due to its remote location. He expressed concern over devaluation of his property, site security, soil contamination, and fencing. He had no objection to the proposal, and believes that, as proposed, Mrs. Braster's operation should alleviate many of his concerns. There being no further testimony, Chair Matthews closed the public hearing. The Commission further discussed proposed site development. It was determined that occupancy of the security building should be restricted to security purposes, by security personnel, not as a typical residential use. Commissioner Boyle proved to approve the conditional use permit subject to the following conditions, findings, and conclusions: Conditions 1 A junk yard/recycling use is hereby approved for Margie Braster to operate at 436 Fields Drive, Port Angeles, Washington, per application CUP 08 -05 Such use may include a small office /security residence to ensure site security as proposed in said application. Necessary permits shall be obtained by the applicant for occupancy of the office /security structure. Although 24 -hour occupancy is expected, such use must be in association with operation of the permitted junk yard activity and shall not be expanded or used separately from the junk yard/recycling use. 2. With the exception of the office, security structure, and visitor parking areas, the entire site shall be screened by site obscuring fencing. Such screening may include fencing, vegetation, and landforms as long as the required height is achieved and maintained for the life of the use. Solid fencing across the front of the site shall be established that is no closer than 50 feet from the front property line and within five (5) feet of the side property lines. Other site obscuring fencing shall be extended along the sides and rear property lines of the use area as it is defined. Areas where filling is occurring prior to use do not need to be screened until they are combined with the junk yard /recycling use. 3 All structures involved in the dismantling, crushing, and /or separating of vehicle parts, other recyclables, or scrap materials shall be located within the fenced area of the site. No storage or display of any site materials including but not limited to junk, appliance, article, merchandise, or vehicle shall be permitted outside of the required fencing or screening area. 4 The applicant is responsible for obtaining all required local, state, and federal permits required to conduct the proposed wrecking and recycling operation. Copies of said permits shall be submitted to the Department of Community Economic Development. 5 A minimum of ten (10) parking spaces shall be provided at the front of the site. Planning Commission Minutes January 14, 2009 Page 8 6. Sewer must be extended to the site unless an on -site septic system is approved per Section 13.61 090(B) PAMC. If a private on site potable water source is available, such information shall be submitted to the City's Public Works and Utilities Department for review and approval prior to occupancy of the site. Use of a private potable water source must be approved by the Clallam County Department of Health and Human Services. 7 Site development shall include adherence to all Fire Department standards that includes a fire extinguisher in the office area. 8. The vehicle crushing activity shall observe Best Management Practices as prescribed by the State of Washington Department of Ecology and shall, at minimum, include an impervious surface area where any tear down, draining of fluids, and crushing of vehicles will occur. This area should be covered to prevent stormwater contamination and set up so that any spills are recovered. Any stormwater that is discharged from this area shall flow through an oil/ water separator before discharge to surface or ground waters. 9 The extension of power to the site will be extended at the property owner's expense. Findings Based on the information provided in the Community and Economic Development Staff Report for CUP 08 -05 dated January 14, 2009, 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 Property owner Margie Braster submitted Conditional Use Permit application CUP 08 -05 to allow a wrecking yard and materials recycling yard to be located in the IH zone on November 26, 2008. The site is located at 426 Fields Drive in the Eclipse Industrial area. The application also requests that an on -site office and security residence be permitted. 2. Modern society living results in the creation of waste materials that must be disposed of in an appropriate manner The City adopted PAMC 17.35 040 to ensure that junk yards and recycling facilities are developed in an appropriate manner A junk yard, per Chapter 17.35 PAMC, is required to contain a minimum of 3 acres, and shall be established by conditional use permit. The subject site is 4.8 acres in area. 3 The site is zoned Industrial Heavy Adjacent properties are also zoned Industrial Heavy Development in the surrounding area includes an asphalt plant, lumber mills, materials storage, a construction yard, and another junk yard. 4 The site is located in the City's Southwest Planning Area and is designated as Industrial on the City's Comprehensive Plan Land Use Map. The City's Comprehensive Plan was reviewed for consistency with the proposal. Growth Management Element Goal A, policy 9; Land Use Element Goal A, policy 2, Goal G, and goal H, Policies 1, 3, 4, Conservation Element Goal A and Policy A.1, Goal B and Policies B.1, 2, 11, 12, 13, 14, 19, 20, and Objectives B.3, and 4, Economic Development Element Goal A, and Policies 2, 3, and 4, were found to be most relevant to the proposal. 5 Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permits 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 Commission Minutes January 14, 2009 Page 9 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. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or said permit may be revoked. 6. PAMC Section 14 40 (Parking Ordinance) does not specifically require off street parking spaces for junk yards, wrecking yards, or recycling facilities. However, PAMC Section 17 035.050 (Zoning Ordinance) requires that junk yards provide a minimum of 10 vehicular parking spaces. 7 On -site septic systems may only be permitted within the City limits per the criteria listed in Section 13.61.090(B) PAMC. When contacted during the application review period, the Clallam County Department of Health reported that there is no record of an on site septic system for the subject property 8. City sewer and water utilities are located approximately 2,000 feet east of the subject property along the Eclipse Industrial Parkway The City's Public Works and Utilities Department does not have information regarding a potable water source available to the subject property or that electric service has been extended to the site. Information must be submitted indicating that an approved, on site, potable water source is available to the site prior to occupancy of the site. In lieu of a private potable water source, the applicant would need to extend water from the Eclipse Industrial Parkway westerly to the subject property If power is desired, the applicant must extend to the site. Any needed utility extensions will be borne by the developer of the property 9 Reviewing City Department comments and comments from Clallam County Department of Health and Human Services, and State of Washington Department of Ecology's Hazardous Waste Toxics Reduction Division and Solid Waste and Financial Assistance Division were considered in review of this application. 11 Per the State of Washington Department of Ecology's Hazardous Waste Toxics Reduction Division, auto wrecking facilities have a long history of contamination of soils, surface, and ground water The development of proper best business practices (BMP) during the construction phase goes a long way to protecting the states environment. Most contamination occurs in the vehicle tear down area where fluids are drained and parts removed. The other area of concern is where the vehicles are crushed for shipment. Measures to protect waters of the state are recommended during permit review 12. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on December 7, 2008. Public notice was mailed to property owners within 300 feet of the subject property and the site was legally posted on December 5, 2008. Plannrng Commission Mnutes January 14, 2009 Page 10 December 5, 2008. 13 A Mitigated Determination of Non Significance was issued for the proposed action on January 6, 2009, and mailed to agencies with jurisdiction under WAC 197 -11- 340(2). This satisfies the City's responsibility with regard to the State Environmental Policy Act review 14 Section 17.35.030 PAMC requires that, unless otherwise specified by the Planning Commission, a solid, site obscuring fence, which may include vegetation or landform, at least seven (7) feet or more in height shall be constructed on or within five (5) feet of the rear and side property lines and the front yard setback line, which shall be a distance of fifty (50) feet from all street rights -of -way No storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence. 15 The Planning Commission conducted a public hearing on the proposal at the January 14, 2009, regular meeting. Conclusions Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 08 -05 dated January 14, 2009, 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 the procedural requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and, as conditioned, the proposed activity is in compliance with requirements of PAMC Chapter 17.35 Junk Yard Conditional Use Permit. The use as conditioned is therefore in compliance with the City's Zoning Ordinance, specifically Chapter 17.35 PAMC 2. The use is in compliance with the City's Comprehensive Plan and Land Use Map. 3 City services are available in the area but have not been extended to the site. As conditioned, the use as proposed requires that the applicant provide proof of the ability to provide adequate on site sanitary facilities to support occupancy and use of the site, or shall extend public utilities to the site to adequately serve the site prior to continued occupancy of the site. As such, the proposed use addresses the public safety, health, and welfare issues of occupancy 4 Given the site size, location within a heavy industrial area, surrounding uses, and site and surrounding topography, it is likely that a solid site obscuring fence is not needed for separation purposes. It is likely that a fence is needed for security purposes, and in fact, such has been suggested during the public comment period. Section 17.35.030 PAMC provides that other methods of site containment may be considered by the Planning Commission in review of an application for a junk yard use. Reasonableness should be used to determine if strict application of the rules should apply with regard to fencing, and it has been determined given the circumstances and testimony that alternative fencing requirements will accomplish the intended result of securing the site and discouraging unauthorized use. Planning Commission Minutes January 14, 2009 Page II 5 Junk vehicle and materials recycling is a product of modern society The applicant provides a necessary service and is required to operate under rules established largely by the State of Washington and the Department of Health and Human Services. As conditioned, the applicant shall obtain all necessary permits and shall provide proof of those actions prior to operation of the junk yard/recycling use in the Industrial Heavy zone. Commissioner Caudill seconded the motion which passed 5 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns reported on the American Institute of Architects (AIA) grant progress. A review team arrived from Washington D C. to interview various Port Angeles citizens and group representatives. The architectural review team will return to Port Angeles in mid March to continue their evaluation and make recommendations on entry corridor improvements. Sue Roberds noted that Commissioner John Smith had resigned due to his impending move from the state. The application process for a replacement has begun. REPORTS OF COMMISSION MEMBERS Chair Matthews welcomed new Commissioner Carla Sue. ADJOURNMENT The meeting adjourned at 8.30 p.m. Sue Rober$ls, Secretary PREPARED BY S. Roberds John Matthews, Chair )ORTANGELES W A S H I N G T O N U S.A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN -UP SHEET PLEASE SIGN IN Meeting Agenda of. J&Wvl -y j aEk}t7 To help us provide an accurate record of those in attendance, please sign in. If you 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. Signature below DOES NOT REQUIRE you to testify. NAME: ADDRESS• Agenda Item No. 7 !Esc, tLXKU;rz PoaA PO 13oX 1 2) SO V 1 r/1 Kotc f✓-‘ 7 Id fre 4 s 4 -e 5 (.tip c j 5 2, 00,,e-- ,4, ter �wl. cgiv I rn,G R 4 levy, <06i'S-(t) /444 MI x= /t e //k iz NL PoAgx, 2ys (A IS .%=t(II )ORTANGELES W A S H I N G T O N U S.A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN -UP SHEET PLEASE SIGN IN Meeting Agenda of. J&Wvl -y j aEk}t7 To help us provide an accurate record of those in attendance, please sign in. If you 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. Signature below DOES NOT REQUIRE you to testify.