HomeMy WebLinkAboutMinutes 08/08/2012 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 8, 2012
6:00 p.m.
ROLL CALL
Members Present: Doc Reiss, John Matthews, Tim Boyle, Duane Morris,
Scott Headrick
Members Excused: David Miller, One Vacancy
Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Tom and Rhonda Curry, Jim Bishop, Jonathan Shotwell,
Mr. and Mrs. Kalla
PLEDGE OF ALLEGIANCE
Chair Reiss opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Matthews moved to approve the June 27, 2012, regular meeting minutes.
The motion was seconded by Commissioner Morris and passed 3 — 0 with Commissioners
Boyle and Headrick abstaining. Commissioner Headrick abstained due to a potential
Appearance of Fairness issue.
Commissioner Morris moved to approve the July 25, 2012, regular meeting minutes. The
motion was seconded by Commissioner Boyle and passed 4 — 0 with Commissioner Reiss
abstaining due to his absence at the meeting.
PUBLIC HEARINGS:
CONDITIONAL USE PERMIT—CUP 12-03 —BISHOP—Eclipse Industrial
Park: Proposal to establish a steel recycling yard in the Industrial Heavy zone.
Chair Reiss read the qualifying questions for quasi judicial proceedings to the Commissioners
regarding Appearance of Fairness matters. All Commissioners responded that they had no
Appearance of Fairness or Conflict of Interest issues to report with respect to the agenda item.
The Chair then reviewed the quasi judicial public hearing procedures for audience members. No
concerns were noted.
Associate Planner Scott Johns reviewed the staff report recommending approval of the
conditional use permit and responded to questions from Commissioners regarding site location
and use impacts. He indicated the location of the proposal using an overhead graphic.
Planning Commission Minutes
August 8,2012
Page 2
Chair Reiss opened the public hearing.
Jim Bishop, 982 Lewis Road, Port Angeles, responded to Chair Reiss that the entire rotation
process of recycled metals to appropriate collection locations outside of the County will be
approximately 90 days. The idea is to move and process metals not to retain them on site. He is
working with local enforcement agencies to remove unwanted materials from sites, collect, sort,
and distribute metals to appropriate agencies. Appropriate permitting will be in place from local,
state and/or federal agencies if required. A concrete slab will be used for disassembly of
vehicles with containment in place so that fluids can be collected with the fluids then being
disposed of appropriately.
Mr. Bishop responded to Commissioner Morris that it is unlikely that any on site pile would be
more than 7 feet in height. The process involves placement of crushed and sorted metals in an
end dump truck that is being readied for transport. The area should be efficiently managed
which will help clean up the community and provide both a needed service and jobs for his
family. No sales will occur of the collected materials. Tires will be sold to Les Schwab for
recycling.
There being no further comment, Chair Reiss closed the public hearing.
Commissioner Boyle moved to approve the conditional use permit with the following
conditions, findings, and conclusions:
Conditions:
1. The metal recycling yard shall be obscured from view by the use of either a solid site
obscuring fence at least 7 feet in height or a combination of vegetation or land forms
and/or fencing to a height of 7 feet, located on or within 5 feet of the property lines. No
storage or display of any junk, merchandise, article, or vehicle may be stored outside of
the fence area.
2. Five (5) parking spaces shall be provided on the site per PANIC 14.40, Table A.
3. The applicant shall obtain all permits required by Clallarn County Environmental Health,
the Washington State Department of Ecology, The Washington State Patrol, or any other
regulatory agency with jurisdiction.
4. Noise generated by site activities shall remain within acceptable limits at all times per
Section 15.16 PAMC or the Conditional Use Permit may be revoked.
Findings:
Based on the information provided in the Community and Economic Development Staff Report
for CUP 12-03 dated August 8, 2012, including all information in the public record file,
comments and testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
1. Jim Bishop submitted Conditional Use Permit application CUP 12-03 to operate a metal
recycling facility on a 5 acres site in the Eclipse Industrial Park on June 28, 2012.
Planning Commission Minutes
August 8,2012
llckge 3
2. The City's Comprehensive Plan designates the site and surrounding areas as Industrial.
The site is located in the City's Southwest Planning Area. Development in the vicinity
includes wrecking/junk yards, lumber mills, an asphalt plant, contractor yards, and other
industrial uses that are expected in industrial areas.
3. The site is zoned Industrial Heavy. The surrounding properties are situated within the
city limits and are also zoned Industrial Heavy (11-1). The site is located at the southern
most part of the city limits.
4. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Element Goal H, and Policies H3 and H4, and Economic Development Element
Policies B4 and B5 were found to be most relevant to the proposal.
5. Metal recycling is not listed as a permitted or conditional use in the IH zone, nor is the
use defined or otherwise mentioned in Title 17, PAMC. The most similar use found in
the Port Angeles zoning code is a junk yard that is permitted by conditional use in the IH
zone.
6. 17.08.055"J" PANIC defines a junk yard as "... an open area where waste or scrap
materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled,
including but not limited to scrap iron and other metals, paper, rags, rubber tires, and
bottles. A junk yard includes an auto wrecking yard but does not include uses established
within enclosed buildings."
7. Per 17.96.050 PANIC, the Planning Commission shall consider applications for a
conditional use permit as specified in the applicable Chapter of the Zoning Regulations.
The Planning Commission may grant said permits which are consistent and compatible
with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Anticipated impacts of each proposed use shall be evaluated to
determine if the characteristics of the intended use as related to the specific proposed site
would defeat the purpose of the City's Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions. The Planning Commission may refuse to issue a
conditional use permit if the characteristics of the intended use would defeat the purpose
of the City's zoning regulations. A development that is approved through the conditional
use permit process must remain in continual compliance with specific conditions of
approval or may be revoked.
8. PAMC Section 17.35.050 requires 10 off-street parking spaces for any approved junk
yard. PAMC 14.40 allows the Planning Commission to determine appropriate parking
needs for unspecified uses. The proposed use differs from ajunk yard in that the
materials will be removed from the site once processed so it is not likely a retail type
activity often associated with junk yards will occur on the site. The applicant has 2
employees,
9. City Departments reviewed the application and did not forward any concerns to the
Department of Community and Economic Development with regard to the proposed use.
No utilities are being requested for the use that are not available in the area. Any
Planning Commission Minutes
August 8,2012
Page 4
extension of utilities to the site will be the responsibility of the property owner. Power,
sewer, water and emergency services are available to the site.
10. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 12, 2012, posted on the site on July 9, 2012, and
mailed to property owners within 300 feet of the subject property on July 9, 2012. No
public comment was received during the public comment period which ended on July 28,
2012.
11. A Determination of Non-Significance was issued for this proposed action on July 28,
2012.
12. The Planning Commission conducted a public hearing on the proposal at the August 8,
2012, regular meeting.
Conclusions.-
Based on the information provided in the Department of Community Development Staff Report
for CUP 12-03 August 8, 2012, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
1. As conditioned, the metal recycling use meets the requirements of PAMC 17.35, Junk
Yards Conditional Use Permit, and is consistent with development that is permitted in the
Industrial zone per PAMC 17.34.
2. The application was processed in accordance with requirements for review and approval
of a conditional use permit as specified in PAMC 17.96.050.
Commissioner Matthews seconded the motion which passed 5—0.
CONDITIONAL USE PERMIT—CUP 12-04—KALLA, 1823 W. 7`" Street:
Proposal to establish an Accessory Residential Unit (ARU) in the RS-7
Residential Single Family zone.
Chair Reiss read the qualifying questions for quasi judicial proceedings to the Commissioners
regarding Appearance of Fairness matters. All Commissioners responded that they had no
Appearance of Fairness or Conflict of Interest issues to report with respect to the agenda item.
The Chair then reviewed the quasi judicial public hearing procedures for audience members. No
concerns were noted.
Associate Planner Scott Johns reviewed staff's report recommending approval of the
conditional use permit with conditions.
Chair Reiss opened the public hearing,
Mrs. Kathryn Kalla, 1823 W. 7`h Street, was present for questions.
There being no testimony, Chair Reiss closed the public hearing.
Commissioner Boyle moved to approve the conditional use permit subject to the following
conditions, and supported by the following findings and conclusions:
Phinning Commission Minutes
Augusl 8,2012
Page 5
Conditions:
I Separate electrical meters are required for each dwelling unit. Addressing for each
dwelling unit shall be clearly identified as 1823 and 1823'/2 West 7th Street. Address
numbers must be at least six (6) inches in height and readily visible from the street and of
contrasting color from their background.
2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total
of four(4) spaces. Parking spaces shall be constructed to Public Works and Utilities
Department standards. Driveway and site access shall be constructed to Public Works
and Utilities Department standards.
3. All utility improvements including water, sanitary sewer, storm drainage and electrical
are to be completed to the satisfaction of the Public Works and Utilities Department.
Separate water and electric meters are required for the Accessory Residential Unit.
Findings
Based on the information provided in the Community and Economic Development Staff
Report for CUP 12-04 dated August 8, 2012, including all information in the public record
file, comments and testimony presented during the public hearing, the Planning
Commission discussion and deliberation, and the above listed conditions of approval, the
City of Port Angeles Planning Commission hereby finds that:
1. Kathryn Kalla submitted a conditional use permit application for an accessory residential
unit on July 11, 2012. The applicant owns the subject property.
2. 17.08.010 "B" PAMC defines an Accessory Residential Unit (ARU) as a dwelling
unit which is incidental to a detached single family residence, is subordinate in space
(i.e.,fifty percent or less space than the single family residential use), and is located on
the same zoning lot as the single family residence. An accessory residential unit is served
by water and electrical service that is separate from the primary residential service and
has separate address. " Section 17.10.010 PANIC provides that accessory residential
units are permitted as conditional uses in the RS-7 Residential Single Family zone.
3. The proposed site is legally described as being Lots 15 and 16, Block 148 of the
Townsite of Port Angeles. The site is located at 1823 W. 7"' Street and is developed with
a single family residential structure and attached double car carport and a detached
accessory structure with attached carport. The detached structure will be remodeled into
the ARU living unit. No additional lot coverage will result from the remodel. The
detached structure will be reduced by approximately 189 square feet to allow for the
required 7 foot side yard setback for residential occupancies. The primary residential unit
contains 3225 sq. ft. of living area with the proposed ARU will be 1447 sq. ft. of living
area or 45% the size of the primary unit.
4. The site is zoned Residential Single Family (RS-7) and is 14,000 sq. ft. in area.
Minimum lot size in the RS-7 zone is 7,000 sq. ft. in area.
Planning Commission Minutes
August 8,2012
Page 6
5. The subject site is located on the south side of W. 7"' Street between "L" and "M" Streets
in the City's North West Planning Area. Development in the neighborhood includes
predominately single family residential uses but Hamilton Elementary school is located
in the immediate neighborhood. The Comprehensive Plan Land Use Map designates the
site as Low Density Residential. Adjacent designations are also Low Density
Residential.
6. Per 14.40.0.060(D) PAMC requires that residential uses throughout the City are required
to provide a minimum of two (2) off street parking spaces for each residential unit. Site
development provides four (4) off street parking spaces for the two (2) residential units.
7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning Regulations.
The Planning Commission may grant said permits which are consistent and compatible
with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations. The City's Comprehensive Plan was reviewed for consistency with
the proposal.
8. A development that is approved through the conditional use permit process must remain
in continual compliance with specific conditions of approval or may be revoked.
9. Site access must comply with Public Works and Utilities Standards. Access to the
subject ARU site is via the 6/7 alley. Access to the primary use is via 7`h Street. Both
access points are improved City rights-of-way.
10. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 18, 2012. Public notice was mailed to property owners
within 300 feet of the subject property on July 13, 2012. The site was posted on July 16,
2012. No written comments were received during the written public comment period.
Several neighbors did phone and one neighbor (Mr. and Mrs. Kedish) visited the
Community & Economic Development office during the public comment period. No one
stated a concern regarding the proposal.
11, A Determination of Non-Significance was issued for the proposed action on August 6,
2012.
12, The Planning Commission conducted a public hearing on the proposal at the August 8,
2012, regular meeting.
Planning(70minission Minutes
August 8,2012
Page 7
Conclusions:
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 12-04 dated August 8, 2012, including all of the information
in the public record file, comments, and testimony presented during the public hearing, the
Planning Commission's discussion and deliberation, and the above listed conditions of approval
and listed findings, the City of Port Angeles Planning Commission hereby concludes that:
I As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan, specifically with Land Use Element Residential Goal A and Policy A.2; and
Goal C and Policy C.2, Housing Element A.6 and B.6. and with Section 17.10
PANIC (RS-7 zone).
2. The application was processed consistent with requirements for a conditional use
permit as specified in PAMC 17.96.050, and with the requirement for an accessory
residential unit per PANIC 17.10.040(A).
3. As conditioned, the proposal is consistent with PAMC Chapter 14.40 (Parking
Ordinance).
4. The use is in the public interest as it allows for a variety of housing opportunities.
5. The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied by issuance of a Determination of NonSignificance.
The motion was seconded by Commissioner Headrick and passed 5—0.
CONDITIONAL USE PERMIT—CUP 12-05—BARHOP BREWERY, 325
W.�2' Street: Proposal to establish a micro brewery in the Commercial Arterial
zone.
Chair Reiss read the qualifying questions for quasi judicial proceedings to the Commissioners
regarding Appearance of Fairness matters. All Commissioners responded that they had no
Appearance of Fairness or Conflict of Interest issues to report with respect to the agenda item.
The Chair then reviewed the quasi judicial public hearing procedures for audience members. No
concerns were noted.
Associate Planner Scott Johns reviewed the Staff Report recommending approval of the
conditional use permit with conditions.
Chair Reiss opened the public hearing.
Mr. Tom Curry, 1126 East 7th Street, requested that the Planning Commission approve the
conditional use permit without a condition requiring review of the activity through the
conditional use permit process as is suggested in proposed condition No. 3. Mr. Curry expressed
his disappointment with the Port Angeles Downtown Association (PADA) and did not wish to
operate under a set of conditions whereby he would be required to receive approval of the
PADA. He did not wish to move his retail operation from its current location and consolidate his
business interests into this new location with a condition for review.
PbWlillg COMIWSSiOtl Allitlllh-'S
August 8,2012
Page 8
There being no further testimony, Chair Reiss closed the public hearing.
Following discussion, Planning Manager Sue Roberds stated that the proposed condition was
intended to be a catch all to address any unforeseen issues that the activity may present in that
the use is a new activity that has not operated within the Downtown. However, unforeseen
issues resulting from the ultimate operation that result in a nuisance would be enforceable under
the City's Nuisance Ordinance. She agreed that the condition is not absolutely necessary given
that the City has a nuisance ordinance.
Commissioner Tim Boyle moved to approve the conditional use permit application subject
to the following conditions, and citing the following findings and conclusions in support of
the action:
Conditions:
1. The applicant shall obtain all necessary permits from local and state agencies including
the State Liquor Control Board and the Clallam County Health Department for the
proposed use. An Industrial Users Permit shall be obtained from the City of Port Angeles
Public Works and Utilities Department prior to commencement of the proposed brewing
activity.
2. Modifications required by the City of Port Angeles Building Division and Fire
Department shall be completed prior to occupancy.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 12-01
dated August 8, 2012, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed conditions of approval, the City of Port Angeles Planning
Commission hereby finds that:
1. Tom Curry submitted Conditional Use Permit application CUP 12-01 to allow the
establishment of a microbrewery at 325 West Second Street on July 13, 2012. The
application was determined to be complete on July 26, 2012.
2. The proposed site is legally described as Lots 15-16, Block 34, Townsite of Port Angeles
and is owned by William Clevenger and John Gray. William Clevenger signed the
application as property owner.
3. The site is zoned Commercial Arterial District. Zoning in the surrounding area includes
Commercial Arterial (subject site, north, and west), Central Business District (north and
east), Residential, High Density (south), and Public Buildings and Parks (steep slope area
on subject site. Southeast, and southwest) zoning designations.
4. The site is located in the City's North Central Planning Area, and the Comprehensive
Plan designates the site as Commercial. Adjacent designations are High Density
Residential to the west and southwest. Other development in the general vicinity
includes commercial uses with residential high density north and south, and single family
south and south west of the site. Site access is from the First/Second Alley due to
topography in the area preventing access from Second Street.
Planning Commission mmuicx
Avpo8,svz
Page
5. Micro breweries are listed osconditional noco in the Commercial Arterial zone.
6. Site development includes an approximately 5,000 square foot warehouse oboctcoc
located o1 the toe o[u steep slope. No changes are planned(o the exterior o[the structure.
Interior remodel will result iothe creation ofmn approximately 3,000 og.fi. production
area where craft beer will be brewed and an approximately 1,092 tuatiugronn\/food
service area with kitchen, reS(zOnnn' and office area.
7. The subject site can provide off street parking that will benefit the business activity and
relieve parking congestion in the area.
A. Per Section 14.40 of the Port Angeles Municipal Code, business parking within the City
is ou}ou}a1ed at l space for each 125 Sq.fi. of usable area for food service use and ] space
for each employee for warehouse type activities. The application indicates the need for
employees (I brewer and 2 service personnel). The site can easily accommodate 10 off
site parking spaces.
g. Per 17.96.050 PANIC, the Planning Commission shall consider applications for uses
requiring nconditional use permit no specified io the applicable Chapter of the Zoning
Regulations. The Planning Commission may grout said pcuuiim which are consistent and
compatible with the purpose of the zone iu which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. lu each application
the Planning Cocnnoieoioo may io)yoao whatever restrictions or conditions are considered
essential t0 protect the public health, safety, vvc}facn, and t0 prevent depreciation nf
neighboring property. The Planning Commission may refuse to issue ncooditiooa] use
permit ifthe characteristics of the intended use would defeat the purpose of the City's
zoning regulations.
lU. Per 17.96.070(Z>) PANIC, the conditional use may become void after one year from the
date o[granting such permit if the use o[the land or building oz applying for necessary
building permits has not taken place in accordance with the provision in granting said
requests. If unanticipated adverse impacts are identified following commencement ofthe
use, the Planning Commission may apply mitigating conditions ut that time. A
development that ioapproved through the conditional use permit process must remain iu
continual compliance with specific conditions of approval or may be revoked.
ll. The City's Comprehensive Plan was reviewed for consistency with the proposal. Lux(/
Use Element Goal A and Policy A.2, Land Use Element (;ou/ /l and Policy/)./'
Transportation Element^Po//cy/7./4un(//t/6; p/zrefouud<n6euoomtze|cvuuitolho
proposal.
12. Reviewing City Departmental comments were considered io the review ofthis
application. The Public Works and Utilities Department will require a Minor Industrial
Users permit for the discharge of waste into the City's utility ayoiecu. The occupancy is
classified as an F-2 per the Fire Department which does not require u sprinkler oymtoro.
13. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News ouJuly }8^ 2012, posted oo the site ooJuly ]6, 20l2, and
)
mailed 10 property owners within 300 feet o[the subject property ooJuly 13, 2012.
/
Written public comment was accepted until August 2, 2012. No written comments were
received during the public comment period.
Planning Commission Minutes
August 8,2012
Page 10
14. A Determination of NonSignificance was issued for this proposed action on behalf of the
City's SEPA Responsible Official on August 6, 2012, per WAC 197-11-355. This
satisfies the City's responsibility under the State Environmental Policy Act (SEPA).
15. The Planning Commission opened a public hearing on the proposal at the August 8, 2012,
regular meeting.
Conclusions.-
Based on the information provided in the Department of Community Development Staff Report
for CUP 12-05 August 8, 2012, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
3. The proposal is consistent with requirements for review and process of a conditional use
permit as specified in PAMC 17.96.050. As conditioned, unforeseen negative issues will
be corrected by the applicant.
4. The activity is similar to other uses perh-iitted in the City's Commercial Arterial zone.
5. As conditioned, the proposal will comply with all development standards including off
street parking, for such the specific activity, furthers the goals and policies of the City's
Comprehensive Plan, and provides commercial infill as expected in the City's
commercial zone. As such, the proposed activity is in the public interest.
6. As conditioned, future site development shall be in accordance with established standards
for properties that contain environmentally sensitive areas.
The motion was seconded by Commissioner Matthews and passed 6—0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
The meeting adjourned at 7:15 p.m.
,
Sue Roberds;, ecretary Doc Reiss, Chair