HomeMy WebLinkAboutMinutes 09/13/2000
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I.
~ORrANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 13, 2000
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of August 23, 2000
IV. CONTINUED BUSINESS:
1.
CONDITIONAL USE PERMIT ~ CUP 00-05 - BEAUSOLEIL. 514 West
Eighth Street: A request for a conditional use permit to establish a recycle use in
the CN, Commercial Neighborhood zone. (Continued from August 23, 2000.)
v. PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT - CUP 00-07 - BURST WIRELESS, 716
South Chase Street: Request for a conditional use permit to allow a wireless
communication use that includes the use of a 60' tower in the Community
Shopping District. (Item to be continued to September 27, 2000.)
2. CONDITIONAL USE PERMIT - CUP 00-08 - BREEN, 402 East Eighth
Street: A request for a conditional use permit to allow a wireless communication
use that requires the installation of a 60' tower in the Commercial Neighborhood
District. (Item to be continued to September 27,2000.)
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII.
ADJOURNMENT
PLANNING COMMISSIONERS: Fred Hewins (Chair), Linda Nutter (Viee),Bob King,Fred Norton, Charles Schramm, Bob Philpott, Mary Craver
PLANNING STAFF: Brad Collins (planning Director), Sue Roberds (Planning Specialist)
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 13,2000
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins,
Bob King, and Chuck Schramm
Members Absent:
Mary Craver
Staff Present:
Debra Barnes and Jeff Abram
Public Present:
Rick Umbarger, Steve Oliver, Robert Beausoleil
APPROVAL OF MINUTES
Commissioner King moved to approve the August 23, 2000 meeting minutes as
presented with minor corrections on Pages 1 and 7. The motion was seconded by
Commissioner Schramm and passed 3-0 with Commissioners Philpot, Nutter and
Hewins abstaining due to their absence at the August 23rd meeting.
CONTINUED BUSINESS
Conditional Use Permit CUP 00-05 - Beausoleil, 514 West Eighth Street. Staff provided
an overview of the status of the review and decision on this application. The staff report
included 13 conditions of approval, 19 findings of fact and 10 conclusions oflaw in support
of the application as Exhibit A2. Also included as Exhibit B3 was the applicant's suggested
wording of the conditions. Staff pointed out the differences between the two suggested list
of conditions and mentioned that the Commission may want to re-visit Conclusions of law
H and I, depending on the wording of the conditions chosen by the Commission.
The Commission asked several questions of the applicant. Steve Oliver, representing the
applicant, responded that he had worked with the Planning Director to develop the list of
conditions that focused on the size of the materials that would be brought to the site, and not
the source of these materials. The applicant added condition #14 to further address this
issue. Mr. Beausoleil also responded that the customers to the site would enter into the office
and not the rear of the building where materials were processed, including cutting, and also
discussed the definition of bulky and heavy.
The Commission discussed these issues including revisions to conditions #1,3, and 5 and
also new conditions # 14 and 15. The Commission also discussed changes to Conclusion #H.
Commissioner Philpott made a recommendation to approve CUP 00-05, with 15 conditions,
Planning Commission Minutes
September 13,2000
Page 2
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19 findings of fact and 10 conclusions of law. Commissioner Norton seconded the motion
which passed 4-1-1 with Commissioner Nutter voting no and Commissioner King abstaining
due to his absence at the July public hearing. Commissioner Nutter noted that her reason for
dissent related to allowing industrial uses in a neighborhood zone.
Conditions, Findings, and Conclusions
for approval of CUP 00-05
Conditions:
I. The approval is for only a neighborhood nonferrous recycling center and not for a ferrous
metals salvage and recycling use that handles heavy or bulky materials.
2. The recycle materials shall be contained and handled completely within the building.
3. The recycle materials handled at this site shall include only small household items such as
aluminum cans and shall not include any heavy, bulky, or ferrous items such as appliances,
any vehicle bodies or parts, or any hazardous materials or substances.
4. The neighborhood recycling center shall encourage residents to recycle on a regular basis by
making it convenient to sell items such as aluminum cans which can be easily recycled for
profit and shall educate people, particularly children, on the importance of recycling.
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All metal sorting and cutting activity shall take place inside the building.
No excessive noise shall be generated such as would violate City noise ordinances.
Hours of operation shall be limited from 9:00 a.m. to 5:00 p.m., Monday through Saturday.
Sign age shall be erected per the City's sign regulations.
Traffic shall enter and leave the site east bound on 8th S1.
The applicant shall comply with all applicable City ordinances, including signage laws, noise
ordinances, parking requirements, etc.
11. No hazardous waste or moderate risk waste will be handled or discharged at this site.
12. No recycle materials shall be stored outside of the building at any time, and inventory shall
be removed from the facility before the storage capacity of the shop building on site
(approximately 800 square feet) is exceeded.
13. Employee parking shall be restricted to the west side ofthe building.
14.
All recycling materials shall be brought to or removed from the site by foot or a vehicle with
a capacity of one (1) ton or less.
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Planning Commission Minutes
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15.
No mechanical devices other than hand trucks or non-motorized pallet jacks shall be used
for the loading, moving or unloading of materials.
Findin~s:
The following findings are based on the information provided in the July 26, 2000, August
23, and September 13,2000 Staff Reports for CUP 00-05, including all ofthe attachments.
Consideration was also given to the comments and information presented during the July 26,
2000, public hearing, and the Planning Commission's discussion and deliberation.
Consequently, the City of Port Angeles Planning Commission hereby finds:
1. The applicant Robert Beausoleil applied for a conditional use permit to continue a metals
recycling use in the Commercial Neighborhood (CN) Zone. The application and a petition
supporting the facility are provided as Attachment B to the July 26, 2000, Staff Report for
CUP 00-05.
2. The applicant describes the facility as a nonferrous metals recycling facility where all
materials are kept inside the 1400 square foot building and do not include hazardous wastes
or auto hulks.
3. The project use is located at 514 W. 8th Street.
4.
Salvage and recycling buildings are a conditional use in the Commercial Arterial (CA) Zone,
which is one of the two most intensive commercial zones, but are not a use specifically
allowed in the Commercial Neighborhood (CN) Zone, which is one of the two least intensive
commercial zones.
5. Robert's Metals recycling use has been operating since early this year in violation of the
Zoning Code, and this application is in response to the City's enforcement action
(Attachment C). The City has previously enforced other use zoning violations at this
location.
6. The site's Comprehensive Plan land use designation is Commercial.
7. The City's Comprehensive Plan's Land Use Element Goal A, Policy AI, Goal D, Policy Dl,
Goal E, and Policies E3 and E8 were determined to be the most relevant to the proposal.
8. The purpose of the CN Zone is: This is a commercial zone intended to create and preserve
areas for businesses which are of the type providing goods and services for the day-to-day
needs of the surrounding residential neighborhood. Businesses in this zone shall occur on
sites no larger than one acre and shall be located and designed to encourage both pedestrian
and vehicle access and to be compatible with adjacent residential neighborhoods.
9.
Section 17.08.020.C ofthe Port Angeles Municipal Code (PAMe) describes the definition
of a Conditional Use Permit: The definition of a conditional use permit is a limited
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Planning Corrunission Minutes
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permission to locate a particular use at a particular location, and which limited permission
is required to modify the controls stipulated by the Zoning regulations in such degree as to
assure that the particular use shall not prove detrimental to surrounding properties, shall
not be in conflict with the Comprehensive Plan, and shall not be contrary to the public
interest.
10.
Section 17.96.050 of the Zoning Code describes the purpose of a conditional use permit and
the reasons for denying a conditional use permit are stated: The purpose of a Conditional
Use Permit shall be to assure that the maximum degree of compatibility between uses shall
be attained. The purpose of these regulations shall be maintained with respect to the
particular use of the particular site and in consideration of other existing and potential uses
within the general area in which such use is to be located. The Planning Commission may
grant said (Conditional Use) permits which are consistent and compatible with the purpose
of the zone in which the use is located, consistent with the Comprehensive Plan, and not
contrary to the public use and interest. The Planning Commission may refuse to issue a
Conditional Use Permit if the characteristics of the intended use as related to the specific
proposed site are such as would defeat the purpose of these Zoning Regulations by
introducing incompatible, detrimental, or hazardous conditions.
11.
The proposed use is located in an established residential neighborhood and neighborhood
shopping district. It is in close proximity to existing single family residences across the 8/9
alley to the south of the subject site and a neighborhood convenience store across 8th Street.
12.
The City's State Environmental Policy Act Responsible Official issued a Determination of
Non-Significance for the project on July 21, 2000.
13. The public comment period ran from June 13, 2000, to June 28, 2000.
14. Petitions and public comment at the public hearing were received in support of the proposed
neighborhood recycling center.
15. The Public Works Department had the following comments:
A. Submittal of an on-site parking lot design, conforming to City standards. Parking lot
to consist of asphalted or concrete with curb stops for each parking stall. See
attached standard detail.
B. Submit industrial wastewater pre-treatment questionnaire and disclosure form.
C. Backing into unloading area from 8th Street will be prohibited.
16. The Fire Department commented that the recycling center shall comply with the Uniform
Fire Code and is subject to annual life safety fire inspections by the Port Angeles Fire
Department.
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Planning Commission Minutes
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17.
The Planning Department had the following comments:
A. A recycling facility is an industrial use that requires 1 parking spaces for each 3
employees with a minimum of ten spaces to be provided on site. There is one
employee with the possibility of another one or two employees in the future, and
eight parking spaces are provided on site.
B. The sign for the business is not in compliance with City standards.
18. A letter from Ward S. Dunscomb and a second petition in support of the proposal were
received at the July 26, 2000, public hearing.
19. The applicant's representative proposed conditions that are provided in Attachment B2 of
the staffs September 13, 2000 report.
Conclusions:
The following conclusions are based on the information provided in the July 26, 2000,
August 23, and September 13, 2000, Staff Reports for CUP 00-05, including all of the
attachments. Consideration was also given to the comments and information presented
during the July 26, 2000, public hearing, and the Planning Commission's discussion and
deliberation. Consequently, the City of Port Angeles Planning Commission hereby
concludes:
A.
A CN neighborhood recycling center can be consistent with the Comprehensive Plan and the
purpose of the CN Zone. The desired urban design of the City is to create and maintain
residential neighborhoods, neighborhood shopping areas, community shopping areas,
regional commercial areas, industrial areas, and open space areas. The central idea in
creating land use districts and zones for specified uses is to reduce potential land use
conflicts and to provide some certainty for property owners about uses that may be permitted
to locate near each other and how.
B.
In this circumstance, 8th Street is a neighborhood shopping area surrounded by an established
residential neighborhood that is predominantly single family. Introducing a new use that
serves the residential district in a neighborhood shopping area would be consistent the
purposes of both the eN Zone and the surrounding single family residential neighborhood.
C.
It may be possible for this particular use at this particular location to keep the use small and
inside the building so that there are few impacts on surrounding uses. However, it will also
be necessary to restrict aspects of this proposed use and proposals by other similar uses
which may also demonstrate little compatibility with neighborhood shopping and residential
uses.
D.
The characteristics of the intended use as related to the specific proposed site are such as
would defeat the purpose of these Zoning Regulations by introducing incompatible
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Planning Commission Minutes
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conditions of a more intensive commercial and industrial conditional use into a
neighborhood shopping and single family residential area.
E.
The applicant is willing to distinguish between a neighborhood recycling facility for small
household items and an industrial salvage facility for heavy, bulky metal items.
F.
A principal idea in this CUP approval is to encourage residents to recycle on a regular basis
by making it convenient to sell items such as aluminum cans which can be easily recycled
for profit.
G.
Another reason for Planning Commission approval is to educate people, particularly
children, on the importance of recycling.
H.
The conditions suggested by the applicant's representative and by staff are intended to
establish a difference between neighborhood recycling facilities and industrial salvage
facilities with the latter being inappropriate in a residential district or Commercial
Neighborhood Zone.
1.
An industrial metals salvage and recycling business is a use that can have significant adverse
environmental impacts and is not suitable for a location close to residential uses.
1.
Granting the applicant approval as an "other conditional use" for a neighborhood recycling
center would not set a precedent for an industrial salvage facility of other uses which may
be incompatible also being permitted in the CN Zone.
PUBLIC HEARINGS:
1. Conditional Use Permit - CUP 00-07 - Burst Wireless, 176 South Chase Street.
Staff provided a brief overview of the status of the project. Staff stated that the required
environmental review and analysis is not yet completed on the proposal. Staff added that we
are uncertain ifthe review will be completed in time for the next meeting but recommended
that the hearing be continued to the September 27, 2000 meeting. Commissioner King
moved to continue the public hearing to September 27, 2000 at 7 P.M. Commissioner
Schramm seconded the motion which passed 6-0. Commissioner Schramm asked that a
status report on the current cell tower moratorium invoked by Clallam County be provided
at that meeting.
2.
Conditional Use Permit - CUP 00-08 - Mike Breen, 402 East Eighth Street.
Staff noted that the status of this permit is the same as CUP 00-07. Commissioner King
moved to continue the public hearing to the September 271h meeting; Commissioner
Norton seconded which passed 6-0.
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Planning COMmission Minlltes
Page 7
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Staff mentioned that the agenda item for Sept. 271h would be discussion on neighborhood
planning should the public hearings not be held. Staff added that there are no new
applications submitted that require public hearings in the near future.
REPORTS OF COMMISSION MEMBERS
There were no reports.
ADJOURNMENT
Chair Hewins adj ourned the meeting at 8: 15 p.m.
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Brad Collins, Secretary
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Fred Hewins,Chair
PREPARED BY: D. Barnes
FORTANGELES
WAS H t N G TON, U. S. A.
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