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..
.