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HomeMy WebLinkAboutMinutes 06/26/2002 o ~ . ~ I. FOR'f.ANGEL,ES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 26, 2002 CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of June 12,2002 IV. PUBLIC HEARINGS: . . 1. UNCLASSIFIED USE PERMIT - UUP 02-01 - CINGULAR CELLULAR - 1300 Block of West 8th Street: Request to replace a 74'4" lighting standard with a 95' tall combination telecommunication/ball field lighting tower in Shane Park in the PBP, Public Buildings and Parks zone. 2. CONDITIONAL SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-06 - 201 West Front Street: Proposal to develop a hotellrestaurant/convention center partially within the shoreline area in the City's Central Business District. 3. STREET VACATION PETITION - STY 02-01 - YMCA - Portion ofthe 3/4 alley between Francis and Eunice Streets: Petition for vacation of that portion of the 3/4 alley abutting Lot 15 of Lewis and Mashek's Subdivision Block 63, and Lot 6, Block 3 Cain's Subdivision to the Townsite of Port Angeles. (Continue to July 10, 2002) PUBLIC MEETING: 1. REZONE APPLICATION - REZ 02-04 - YMCA - East Fourth Street: A proposal to rezone approximately 14,000 square feet of property from RS-7, Residential Single Fami]y to PBP, Public Bui]dings and Parks zone in association with the YMCA quasi- public use located at 302 South Francis Street. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS . . . VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Chuck Schramm (Chair), Fred Hewins (Vice), Fred Norton, Bob Philpott, Mary Craver, Rick Porter, Len Rasmussen PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 26, 2002 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Fred Hewins, Chuck Schramm, Mary Craver, Leonard Rasmussen Members Excused: Rick Porter Staff Present: Brad Collins, Scott Johns Public Present: Chris Listfjeld, John Brewer, Randal Jay Ehm, Dan Maguire APPRO V AL OF MINUTES Commissioner Philpott moved to approve the June 12, 2002, meeting minutes as corrected. The motion was seconded by Commissioner Craver and passed 5 - O. Commissioner Norton abstained from the vote due to his absence from that meeting. PUBLIC HEARINGS: Unclassified Use Permit - UUP 02-01 - Cingular Cellular, 1300 B]ock of West 8th Street: A request to replace a 74' 7" lighting standard with a 95' tall combination telecommunicationlball field lighting tower in Shane Park in the PBP, Public Building and Parks zone. Director Collins presented the staff report. Chris Listjjeld, 1530 Westlake Ave N., Suite 600, Seattle, WA 98109, the agent for the applicant, spoke in favor of the proposal. Mr. Listfjeld answered several questions from the Commission and explained that Cingular had one other telecommunication tower in Port Angeles, and explained the process of determinating how telecommunication tower sites were located and chosen. A description of alternate sites that Cingular had explored was provided and an explanation of the service coverage maps that were included in the application materials was discussed. Landscaping requirements and intent ofCingular to provide adequate screening of the equipment was indicated. There being no further public comment, Chair Schramm closed the public hearing. Chair Schramm asked staff what the City of Port Ange]es would gain from having the telecommunication facility. Director Collins explained that Port Ange]es would gain an improved telecommunication system, the Parks and Recreation Department would receive financial compensation, and that the service provider would become responsible for a portion of Planning Commission Minriles June 26, 2002 Page 2 . the tower maintenance. Commissioner Hewins moved to approve UUP 02-01 with 7 conditions, 21 findings and 11 conclusions. Conditions: 3. ]. The applicant shall construct a 95' tall tower that will support the intended telecommunications use and the agreed upon ballfield light standard at Shane Park in the 1300 Block of West Eighth Street and will allow for co-location on the site by other carriers. A building permit shall be obtained, and all standards for the proposed construction shall be observed. 2. The support site shall be moved southwest ofthe tower location and shall be placed at the direction of the City's Parks and Recreation Department in a manner prescribed by the Department to ensure the least impact to existing mature vegetation. The support site shall be fenced with a 6' tall chain link fence and shall be screened with 5' to 6' tall evergreen rhododendron shrubs or Viburnum tinus in the manner shown on the landscaping plan submitted as part of the application. Utility service shall be underground at the applicant's expense. Construction activities will be subject to the approval ofthe Parks and Recreation Department so as to ensure that construction shall not interfere with scheduled activities in the park. Overhead wiring for field lighting on the north side of the park shall be placed underground in conduit and reconnected at the lessee's expense. If desired, the City's Public Works and Utilities Department may perform the work at the lessee's expense. . 4. . 5. The lessee will spot and measure current lighting conditions on the ground prior to removal of existing field lights. Lighting reinstalled on the new tower shall be adjusted to meet current park and recreation industry standards for field lighting conditions. If current light fixtures are found to interfere with operation ofthe cell tower, the lessee will replace the light fixtures with those acceptable to the City at no cost to the City. 6. Per Section 17.52.090 Abandonment, the applicant shall post a performance bond for the purpose of ensuring adequate removal of the tower upon termination of its use. The performance bond shall be equal to or greater than 150% ofthe estimated cost ofremoval of the tower and associated equipment but not less than $1,000. Proof of a performance bond shall be submitted prior to final permit approval. 7. The tower and associated facilities must be maintained in good and safe condition under the supervision ofthe City's Parks and Recreation Department. A hold harmless agreement acceptable to the City Attorney shall be filed prior to any work on the lease area site holding the City harmless with respect to the use operation and construction. Findings The following findings are based on the information provided in the June 26, 2002, Staff Report for UUP 02-01, including all of its attachments. Consideration was also given to Planning Commission Minutes June 26. 2002 Page 3 . the comments and information presented during the June 26, 2002, public hearing and the Planning Commission's subsequent discussion and deliberation. Consequently, the City of Port Angeles Planning Commission hereby finds: 1. The applicant, Cingular Cellular, applied for an unclassified use permit to replace an existing 74' taillight standard with a 95' tall wireless telecommunication tower/light standard, and to construct an associated base station. The application is identified as Attachment B to the June 26,2002 Staff Report for UUP 02-01. 2. The site is located in Shane Park, a City owned and operated public park, located in the 1300 block of 8th Street. The tower and base station are to be located south of the park's softball fields just outside of a treed portion of the park. The base station will be located within a privacy fence surrounded by landscaping within a nearby copse oftrees and will be placed at the direction of the City Parks and Recreation staff. 3. The site will be unstaffed. Minimal traffic will be generated during the construction phase which will be reduced to one visit per month by a field engineer for routine maintenance. 4. Section 17.52.025(A) Development of Towers ofthe Port Angeles Municipal Code (P AMC) allows that telecommunication towers may be located in any zone with approval of an unclassified use pennit (UUP). Co-location shall be given first priority and may be required. 5. Section 17.52.025(B) Development of Towers PAMC allows for telecommunication towers to be constructed in the City's Public Buildings and Parks zone to a height of 60r. Towers may be permitted in excess of 60' to 120' if a modification is approved per Section 17.52.085 PAMC. . . 6. Section 17.52.085(B)(2) Modification of Development Standards requires that the Planning Commi~sion fmd: (a) That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas. (b) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification. (c) In addition, the Planning Commission may include conditions on the site where the tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification. Section 17.52.085(B)(3) Modification of Development Standards requires that "In the case of a request for modification of the height limit for towers or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate co-location ofte]ecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an 7. Planning Commission Minules Jllne 26. 2002 Page 4 . . . engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than 120 feet shall be approved in any case." The proposed tower will support three (3) flush mounted, omni-directional antennas. The three (3) panel antenna array will be installed near the top of the tower/light standard. Each panel is approximately 5' by 8" by 2" and is made of nomeflective material. Coaxial cabling will run down the inside ofthe light standard/tower from the antennas underground to the ground support structure. The use of public property is subject to approval by the City and the City's detennination that the public's use of the site will not be unreasonably hindered by the proposed activity. As the proposed site is a City park, the Planning Commission will consider land use impacts of the site while the City's Parks and Recreation Commission and City Council will decide lease and use issues. The Parks and Recreation Commission has formulated a preliminary lease approval for the proposal and their comments have been taken into consideration in the staffs analysis. The Comprehensive Plan Land Use Designation for the site is Open Space [OS]. The City's Comprehensive Plan and Land Use Map has been reviewed in its entirety with regard to the proposed activity. Goals and policies found in the Utilities and Public Services Element that address telecommunication and utility services. Local governments are responsible for requiring information necessary to evaluate both the individual and cumulative impacts of such proposals for consistency with the Comprehensive Plan. 11. The site is zoned Public Buildings and Parks [PBP]. Per Section 17.52 of the Port Angeles Municipal Code, telecommunication towers are allowed uses through an unclassified use permit process to a height of 60'. Heights greater than 60' to ] 201 can be pennitted through a modification process. 8. 9. 10. 12. Section 704 of the Telecommunications Act of 1996 preempts local zoning regulation purporting to regulate the placement, construction, and modification of personal wireless service facilities on the basis, either directly or indirectly, on the environmental effects of radio frequency emissions (RF) of such facilities which otherwise comply with FCC standards. While state and local governments may study the effects ofRF emissions, local authorities may not regulate the siting or construction of personal wireless facilities based on standards that are more stringent than those promulgated by the FCC. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Non significance (#991) for the proposal on June 21, 2002. The proposed tower would extend approximately 20t to 25t above the existing tree tops. The existing ballfield lighting standard would be replaced on the new tower at approximately the same height as it currently exists on the new tower but may be adjusted per ballpark industry standards. 13. Planning Commission Memo June 26. 2002 Page 5 . 14. The Utilities and Public Services Element Goa] A of the City's Comprehensive Plan reads: "To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics, needs, and interests." Goal D is "To provide utility services in an efficient and cost-effective manner." 18. 15. Technical information was submitted with the application that includes criteria for modification per Section 17.52.085 P AMC. The letter indicates that the site and the increase in height are needed to support the coverage requirements ofthe applicant's wireless communications system. 16. One letter of comment was received from a citizen during the public notification and posting period which ran from May 24, 2002, through June 10, 2002. The comment is included in staffs June 26,2002, report and requests denial ofthe application based on health and personal observations. 17. The Telecommunications Act of 1996 does not pennit local interference with telecommunication equipment based on speculative health concerns. Those issues have been considered and decided upon by the Surgeon General's Office and are addressed in the Federal Communication Commission's (FCC) licensure requirements. The applicant is licensed by the FCC. The site is a low power facility which will not be a source of interference with electronic equipment including radios, televisions and telephone transmissions. Non interference is ensured by the FCC. . 19. Addressing the potential negative aesthetic impacts can be addressed by site location, structure height and design and vegetation preservation in order to ensure the continued, scenic views and overall, environmental quality of Port Angeles for its residents, as well as visitors. 20. Several light standard poles exist in Shane Park which are not spaced 750' apart and are approximately 75' in height. The proposal would not therefore introduce a structure that does not otherwise exist or exist with spacing any closer than what now exists, but would allow the replacement of the existing wooden pole with a steel pole upon which the existing ballfield lighting standard would be replaced. The 20' extension in height will be buffered by mature vegetation located on the site and the undulating topography of the area. 21. The support equipment area established for Voice Stream communications on the same site, a distance of some 238' from the proposed site, is not large enough to co-locate additional support equipment for the subject Cingular Cellular use. If co-location of the support equipment site is required, a change would need to be made to the lease arrangement with Voice Stream to enlarge the support site. . Planning Commission Memo JI/ne 26. 2002 Page 6 . Conclusions The following conclusions are based on the information provided in the June 26,2002 Staff Report for UUP 02-01 including all of its attachments. A. The approval for modification of height to 95" as conditioned, is consistent with the City's Comprehensive Plan, specifically the Utilities and Public Services Element Goal A, Goal B, and Goal B. Policy 3. B. The proposal is consistent with the standards of the City's Zoning and Telecommunications Ordinances. C. As conditioned, the modified tower/lighting standard is compatible with adjacent land uses and allows for a dual use of the public facility including maintenance of the new tower/pole and upgrade of the ballfield lighting amenity by the proponent. D. The proposal is not detrimental to the public interest and does not hinder the public's use of the park. Established on-site vegetation and mature trees exist which mitigate adverse visual impact. E. The installation of this and other similar facilities expands the variety of telecommunication services available to the community and region. . Potential negative visual impacts have been addressed by site location and landscaping. G. The applicant performed extensive testing at several locations throughout the area during the winter and spring of 2002 to ascertain an appropriate location for the tower placement. Radio frequency (RF) propagation maps submitted with the application show signal levels at the proposed location and height need to be higher than 80'. The proposed 95' height allows for future co-location of other antennas consistent with City policies. The research indicates that customers would have dropped calls and gaps in available coverage resulting in substandard service if the facility were to be at a reduced height. The applicant also submitted a series of photos of the site from various locations to establish the fact that the proposed use would not be in visual conflict with other established structures in the park. Tall trees located on the property camouflage the site from the surrounding area. F. H. Public health concerns regarding frequency emissions are adequately regulated by the Federal Communications Commission and not subject to local review. I. Strict enforcement ofthe 750' distance separation between the proposed and the existing tower would place a new tower much closer to surrounding residential uses. The clustering which would be permitted with the requested reduction in the separation requirements is therefore in the public interest. . Planning Commission Minutes June 26. 2002 Page 7 . The City's Parks and Recreation Department has not requested the lighting standard/telecommunication tower structure to be landscaped. K. The proposed location and size of the Cingular Cellular support site will be less visibly impactive than doubling the size of the existing support equipment site for the established Voice Stream carrier and requiring co-location of support equipment at that location. J. The motion was seconded by Commissioner Philpott, and carried 6-0. . Conditional Shoreline Substantial Development Permit - SMA 02-06 - Ehm Architects. 201 West Front Street: Proposal to develop a hotelfconference center within the shoreline area in the City's Central Business District. Associate Planner Scott Johns presented the staff report. Chair Schramm opened the public hearing. Randal Jay Ehm, 2707 California Avenue S~ Seattle. Mr. Ehm, proponent of the project explained the nature of the proposal and discussed the issues that were being raise through the review process. The building height and setback from the street were discussed and options presented. Mr. Ehm indicated that the height of 66 feet was for only a portion of the structure and that it was included in the design to hide mechanical equipment such as an elevator penthouse, stairway access, HV AC equipment and other necessary items. Although the design height could be reduced, the equipment would still be required and that without the architectural feature to hide the equipment the structure would be less attractive. The setback issue was being addressed through a redesign of the restaurant area and inclusion of a street level outdoor eating area along Oak Street. There being no further public comment, Commissioner Hewins moved to continue the public hearing to the July 10, 2002 meeting. The motion was seconded by Commissioner Norton, and carried 6-0. Street Vacation Petition - STY 02-01. Clallam County Family YMCA. 302 South Francis Street: Petition for vacation ofthat portion of the 3/4 alley abutting Lot 15 of Lewis Mastick's Subdivision Block 63, and Lot 6, Block 3 Cain's Subdivision to the Townsite of Port Angeles. Director Collins referred to a memoranda from staff requesting that the issue be continued to the July 10, 2002 meeting of the Planning Commission due to scheduling problems with the City Council Real Estate Committee. Chair Schramm opened the public hearing. There were no public comments. Commissioner Hewins moved to continue the hearing to the July 10, 2002 meeting. The . motion was seconded by Commissioner Craver and carried 6-0. Planning Commission Minutes June 26, 2002 Page 8 . PUBLIC MEETING: Rezone Application - REZ 02-04 - Clallam County Family YMCA - East Fourth Street: A proposal to rezone approximately 14,000 square feet of property from RS-7, Residential, Single Family to PBP, Public Buildings and Parks zone in association with the YMCA quasi-public use located at 302 South Francis Street. Associate Planner Scott Johns presented the staff report. Commissioner Hewins raised the point that quasi-public is not a defined term in the zoning ordinance and questioned how it was determined which nonprofit enterprises might be considered a 'quasi-public' entity and be given consideration that others might not receive. Commissioner Philpott moved to approve Rezone REZ 02-04, with 11 findings and 4 conclusions. Recommended Findings and Conclusions for REZ 02-04 Findings: L The applicant, ClaUam County Family YMCA, is requesting a rezone of Lot 15, Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block 3 of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public Buildings and Parks. The subject site is comprised of two standard sized lots, 50' by 140' (tota] of 14,000 square feet) and both contain single family residences. The Comprehensive Plan designates both lots as Low Density Residential. The Clallam County family YMCA has been in its current location since 1953. Portions ofthe site ofthe existing YMCA were rezoned from RS-7 to PBP in 1997 and 1998. e 2. 3. 4. 5. 6. 7. 8. - The subject property is adjacent to the existing YMCA property and building. Civic buildings and recreation facilities are permitted uses in the PBP zone. The purpose of the PBP zone is as follows: "A zoning designation for public/y- awned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as Green Belts. " 9. Due to the nature, size and desired distribution of public facilities throughout the City, PBP zoned properties are found in a variety of Comprehensive Plan land use designation, including the Low Density Residential designation. 10. The SEPA Responsible Official issued a Detennination of Non-Significance for the proposal on June 20, 2002. The public comment period for this application ran from May 26, 2002, to June 10, 2002. During this time, the Department of Community Development received 11. Plmm;lIg Commission Minutes June 26, 2002 Pl1ge9 . one letter from a neighbor expressing opposition to the proposed rezone. This action constitutes a recommendation to the City Council, which has final authority. Conclusions: The following conclusions are based on the information provided in the June 26, 2002 Staff Report for REZ 02-04 including all of its attachments. 1. Comprehensive Plan policies most directly related to the proposed rezone include: Land Use Element Policies Al and 2, Cl, and 13, and Utilities and Public Services Element Policies Al and B3. 2. The proposed rezone is consistent with the comprehensive Plan Land Use Policies Al and 2, Cl, and 13; Utilities and Public Services E]ement Policies AI, B2, 3,4, C6; Conservation Element B3. 3. The proposed rezone is compatible with surrounding land uses and zoning ordinance designations. 4. The rezone is in the public interest and is compatible with the surrounding zoning and land use. . The motion was seconded by Commissioner Craver, and carried 5-1 with Commissioner Hewins voting in opposition. Commissioner Hewins stated that he voted against the motion because he felt that the YMCA was receiving special treatment that was not warranted by their nonprofit status. Following further discussion of the term quasi-public, the Planning Commission requested that staff bring back a definition of' quasi-public' to their next meeting. COMMUNICATIONS FROM THE PUBLIC There were no communications from the public. STAFF REPORTS . Director Collins indicated to the Commission that staff was trying to monitor the number of items on the Commission's agenda so that the meetings could be completed by 10:00 p.m. One item will be continued from the Ju]y 10, 2002 meeting to the July 24, 2002 meeting. Staff has had a request to make a presentation on the Hearing Examiner System and would like to schedule that for the July 24, 2002 meeting with the Planning Commission's indulgence. The Hearing Examiner system would have an impact on the City budget. The County's Planning Director, Andy Meyer, has been invited to attend the July 10, 2002 meeting to present his thoughts on the Hearing Examiner system. The County uses a Hearing Examiner system and has in the past encouraged the City to share in that system. It is expected that the Hearing Examiner system would be a major item of discussion for the Ju]y 24, 2002 meeting . . . Planning Commission Minutes June 26. 2002 Page J 0 REPORTS OF COMMISSION MEMBERS Chair Schramm indicated that he had a conflicting meeting on July 10, 2002 and would possibly be late or not in attendance for that meeting. Vice Chair Hewins indicated that he thought that he would be available for that meeting. Chair Schramm asked about a use pennit for a parking lot on Georgian Street, stating that he recalled that conditions had been attached that limited the hours of operation. He stated that he was aware that activity was taking place before the specified hour that was conditioned. He would like the City to check on this for possible enforcement action. Chair Schramm brought up the issue of animal control. The Animal Control Ordinance is up for review. City has no off leash area and should provide an offleash area. Director Collins indicated that Commissioner Schramm's comments would be passed on to the Parks Director. Commissioner Philpott asked if the drug treatment facility on Melody Lane was meeting all the conditions of approval all the time. Director Collins stated that the City has received similar comments that had been passed on to the City Manager and a report was to be made to the City Council) which he would be happy to pass along to the Planning Commission. Director Collins suggested that the appropriate action would be to set up a meeting with their advisory committee and have a face to face discussion. It would be appropriate for Planning Commission members to attend such a meeting. Commissioner Philpott asked if they were being monitored at this time. Director Collins indicated that they were being monitored in several ways but there had been some irregularities in their compliance with conditions, however there have not been serious violations ofthe conditions. They would like to operate the outside exercise area differently than the conditions would allow and there have been complaints that they have not always complied with the 'one patient, one staff person' rule. The advisory committee recommended that the Planning Commission revisit at least that condition. That condition may come back to the Planning Commission and that the condition could be revised or an alternative solution more acceptable to the community could be found. Neither the facility or the community has been happy with the way it's been working. Chair Schramm added that some community members have benefitted from its location and existence. The overall concept and purpose they serve is a good one and credit for that should be gIven. ADJOURNMENT The meeting adjourned at 9:35 p.m. i!lk Brad Collins, Secretary ~n{,k Schramm, Ch<}ir . feci \-\~I,i:)\I\? I \."\L-\H\.l C\...c 'Ii PREPARED BY: S. Johns · ~ORTANGELES WAS H I N G TON, U. S. A. BOARD OF ADJUSTMENT ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLBAl')E SIGNJ:N Meeting Agenda of: ~ ~ C.;<!. I .2(){} 2. PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Sf nature below DOES NOT REQUIRE ou to testify - it onl acknowled es your resence. NAME: ADDRESS: Agenda Item No. '2.. .