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HomeMy WebLinkAboutMinutes 09/13/2000 . . . 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) . . . 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 . 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. . 5. 6. 7. 8. 9. 10. . 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. . . . Planning Commission Minutes Page 3 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 . . . Planning Corrunission Minutes Page 4 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. . . . Planning Commission Minutes Page 5 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 . . . Planning Commission Minutes Page 6 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. . . . 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. -~~ Brad Collins, Secretary it~, => Fred Hewins,Chair PREPARED BY: D. Barnes FORTANGELES WAS H t N G TON, U. S. A. PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIM:ONY SIGN-UP SHEET Meeting Agenda of: W 0 o2mo 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. Signature below does not REQUIRE you to testify - it only acknowledges your presence. .' .<..;:.tNAM:l!;~';.: ~. "':""-.". '-, < .()( ~F.:2.'LtJ.-,re- II C "-r P -o.,r ( Od - de::;-