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HomeMy WebLinkAbout1000 Fields Drive1000 Block Fields Drive TCUP 09-07 --7 TO: FROM: DATE: RE: APPLICANT: OWNER: LOCATION: REQUEST: 1��%may:■■►><eiiffe] <�UEMWG1 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Planning Commission Scott K. Johns, Associate Planner October 28, 2009 Conditional Use Permit - CUP 09-07 Rick Nordberg Candace LTD Eclipse Industrial Park Operate a metal recycling yard in the IH, Industrial Heavy zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 09-07 with 3 conditions, citing 12 findings and 2 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located on an undeveloped parcel on the far west side of the Eclipse Industrial Park, accessed from Eclipse West Drive and Fields Drive.. The access roads are private, not improved city streets. Parcels in the vicinity measure approximately 5 acres in area. The property is undeveloped, however, some grading and earth moving have taken place and little vegetation other than grass and weeds exists on site. --The site -slopes from the northwest to the southeast. The property does not contain any enviromnentally sensitive areas. The application and site maps are attached as Attachment B. Development in the area is industrial and includes saw mills, an asphalt batch plant, soils and concrete recycling, auto wrecking yards, and contractor yards. DEPARTMENT COMMENTS: City Departments reviewed the prcl osal but did not identify any concerns with the application. CUP 09-07 RPM metal recycling October 28, 2009 Page 2 f PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily Nees on September 30, 2009, thesite was posted and notice mailed to property owners within 300 feet of the subject property on September 28, 2009..No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The City's Comprehensive Plan and Land Use Map identify the area as being located in the City's Southwest Planning Area, and designates the site as Industrial (I). The site is zoned Il -I, Industrial Heavy. The entire Comprehensive Plan.and Port Angeles Municipal Code were reviewed with regard to the proposal, and the references listed. in Attachment C were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the Industrial Heavy zone are also included .in Attachment C to this staff report. Application materials indicate that the intent of the operation is not an automobile wrecking yard. The applicant makes the distinction that metal recycling involves the collection and sorting of metals, followed by the hauling of those.metals to Tacoma. Non recyclable materials will be hauled to the City transfer station for disposal. No break down or dismantling of automobiles is proposed for the site. A metal recycling yard is not listed as a permitted or conditional use in the II -1 zone, however, automobile wrecking yards and 'junk' yards are allowed by conditional use permit in the IH zone per PAMC 17.35 on a minimum 3 acre site. It could then be assumed that, given that the proposed use is less intensive than a true wrecking or junk yard use, and is the type of use described in the purpose section of the Industrial Heavy section of the Port Angeles Municipal Code, that it should be considered in the "Other uses that meet the intent of the [I1 -(]zone" category of Section 1.7.34 PANIC. No structures are proposed for the use, and the proposed site is 5 acres in area. The application materials indicate that constructed earth berms will control adverse visual impacts from the site to off-site locations. The applicant also indicates that the berms will control stormwater flows on the site. A stormwater detention pond is indicated on the site plan. in consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked The development standards for conditional uses are provided in `fable "A" of the Zoning Code which increases the minimum setbacks and lot size. Consideration is also given to the impacts on traffic patterns, the physical circumstances of the subject property, other uses In the neighborhood, schools, and nccdcA public Improvelllenls. CUP 09-07 RPM metal recycling Page 3 October 28, 2009 STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on October 26, 2006. per WAC .197-11-355. Attachments: A - Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References CUP 09-07 RPM metal recycling Page 4 October 28, 2009 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission capprove Conditional Use Permit CUP 09-07 subject to 3 conditions and based on the following 12 findings and 2 conclusions in support of the action: Conditions: 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. A minimum of 10 parking spaces shall be provided on the site per PANIC 17.35.050, and ...be developed to the satisfaction of the City's Public Works and Utilities Department for the type of use intended. 3. The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October 1.5, 2009.) Findings: Based on the information provided in the Community Development Staff Report for CUP 09-07 dated October 28, 2009, 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. Richard Nordberg submitted Conditional Use Permit application CUP 09-07. to operate a metal recycling facility on a 5 acres site in the Eclipse Industrial Park on September 22, 2009. 2. The site is zoned Industrial Heavy. The property directly adjacent to the west is situated within Clallam County jurisdiction and is zoned RCC3 Rural Character Conservation. 3. 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. 4. 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. 5. Metal recycling is not listed z;s a permitted or conditional use a the 11 -1 zone, nor is the us_� defined or otherwise mentioned in Title 17, PANIC. The most sirri lar use found in the fort An vetcs zoning code is a junJ., yard tl-gar; is permitted by conditional use Hi the II1 zone. CUP 09-07 RPM metal recycling October 28, 2009 Page 5 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." Per 17.96.050 PANIC, the Planning Commission shall consider applications for conditional use permit uses 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. 1n.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. PANIC Chapter 17.35.050 requires 10 off-street parking spaces for any approved.lunk yard. 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 extension of utilities to the site will be the responsibility of the property owner. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 30, 2009, posted on the site on September 28, 2009, and mailed to property owners within 300 feet of the subject property on September 28, 2009. No public comment was received during the public comment period which ended on October 15, 2009. 11. A Determination of Non -Significance was issued for this proposed action o October 26, 2009. 12. The Planning Commission conducted a public hearing on the proposal at the October 28, 2009, regular meeting. ' CUP 09-07 RPM metal ngy rec cli y b Page 6 October 28, 2009 Conclusions.- Based onclusions:Based on the information provided in the Department of Community Development Staff Report for CUP 09-07 October 28, 2009, 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 PANIC 17.35, .funk Yards Conditional Use Permit, and development that is permitted in the Industrial zone per PANIC 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. CUP 09-07 RPM metal recycling October 28, 2009 Page 7 ATTACHMENT C COMPREHENSNE PLAN GOALS, POLICIES, AND. OBJECTIVES THAT SUPPORT CONDITIONAL USE PERMIT CUP 09-07 FOR RPM IN THE IH ZONE: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies ofthe Comprehensive Plana The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An . analysis of compliance with those policies is as follows: Land Use Element Industrial Goal H: "To provide opportunities for- industrial development in a manner, which efficr.'ently uses the community's various attributes and natural resources, has minimal impact on the environment, contributes to the.City's quality oflife, and is compatible with the desired urban design of the City" Policy H.3 - "Industrial areas should buffer'theii impact to mitigate nuisance and hazardous characteristics such as noise, .particulat.e matter in the air, water or odor pollution, or objectionable visual material. " Police H.4 - "Industrial. activity should be located in three major areas: adjacent to the harbor, around the airport, and along Hwy 101 west of Benson Road". Economic Development Element Policy B.4 - "The City should p-omote the diversification of the community's economic base by encouraging the location, retention, and expansion of local businesses". Policy B.5 - The City should promole the location, retention, and expansion gfsnzall and medimn sized businesses, which access then" markets and suppliers through telecommunications and available shipping and transit ". Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in. the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Industrial Heavy (IH). The purpose and intent of this zone is: "This is the least restrictive industrial zone. intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and ivaler° pollution, ,shift work around the clock, enterlainment businesses }.i,ilh adult -only activities, and outside storage yards and mantiftl using, actin -hies. This zone provid;a the basic urban land use patter t for henry industrial uses wilh . direct access io major tr°anspot•tation facilities, design standards for° greater truck traffic, and bzrffers for nui industriol uses unless deeme ? irrzpr attic-:,'" 17.35.010 Junk Yards. _ Pu use. "The purpose of l.his Chapter is to ensure that jzn c yCl7"C'S al i? CIi7]%!"opt"lL1lC'ly lOCLiI(L� al"L �Oli1±;:%.`;'Cite wdtl7 ll,Sc'.S L1llU1'VLd }'1/rr��iil"i t!: c.' �'It)), and are CUP 09-07 RPM metal recycling October 28, 2009 Page 8 conducive to the public health, safety, and ive fare. This Chapter provides for junk yards to be permitted through the conditional use permit process". Section 17.35 PAMC contains specific requirements for siting, screening, and parking associated with the placement ofjunk yards. The purpose of a conditional use permit is defined as ''A Conditional Use Permit shall be to assure that the rnazsimum degree of compatibility between uses shall be attained. The purpose gf'these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other° existing and potential uses s,>>ithin the general area in s-vhich such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission Shull consider applications for Conditional Use Permits of uses as specified in the applicable Chapter gf the Zoning Regulations. The Planning ConlmLSsiOn mcry grant suid 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 contrar-Y to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use us related to the specific proposed site are such as i•vould defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restr=ictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. APPLICANT/OWNER INFORMATION: !72�� Applicant: Inch CITY OF PORT A4 GE LES Uept of Community Uevelopmenl Address: kVI J.j !k q �— Daytimephone #� 3 (�y.� � -�7 Applicant's representative (if other than applicant): Address: Daytimephone#: Property owner (if other than applicant): i tN (( �� (--f—L i ✓KU hon e Address: Da imla> Y�`7 / c./ -7 oX I % l„�-� ti 2 yt, p PROPERTY INFORMATION: CtrPat arirlrPcc• Legal description: j - Zoning:.. Comprehensive Plan designation: ". K-)1 ? r_� Property dimensions: Property area (total square feet): ra., 6 c,,-- Physical characteristics i.e. flat sloped, vacant, developed, PROPOSED USE INFORMATION: Please describe the proposed conditional use:eQG'Ll� A 9 Number of employees: Number of on-site parking spaces: — Hours of operation: � 6 M 6 V �T64, Building area (total square feet. of floor area for the proposed activity): SIGNATURES: Applicant: J certify that all of the above statements are true and complete to the best of my knowledge and acknowledge that wilful misrepresentation of'br formation will terminate this permit application. I have read this applicationn in its entirety) and understand that my submittal will be reviewed for completeness, If found to be complete the application will I -c w luled forthe next available Planning ConZmission meeting. 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"� x:x A`m `•i•, -�Y 'v'4 � �: - `i:'7• ra _��`�--.a G �: ,SF �+;y �g-aia-.c �✓?':� ..LA N3 Y i,at `.11r �t i`ii'f:a .e_'`t'�;'�.�'^.. s-�a..�.o`'+r..r~�•<_._. Y...i�-._,: .. - ..f.c ._.,_ E_..-.u..-.Y�.r..o.E�?..3�B.e m �'.--_ - - ... .. t_._...... ._...c..:?41 _2pi5g-_.,, .1. ;e8: PAORTNGELES � FELE J WASHI NGTON, U.S.A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission - FROM: _ _.- __ Scott K. Johns, Associate -Planner _-_— DATE: October 28, 2009 RE: Conditional Use Permit - CUP 09-07 APPLICANT: Rick Nordberg OWNER: Candace LTD LOCATION: Eclipse Industrial Park REQUEST: - Operate a metal recycling yard in the IH, Industrial Heavy zone. RECOMMENDATION: -- The Planning Division recommends that the Planning Commission approve CUP 09-07 with 3 conditions, citing 12 findings and 2 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located on an undeveloped parcel on the far west side.of the - - Eclipse Industrial Park,,accessed from Eclipse West Drive and -Fields Drive. The access roads are private, not improved city streets. Parcels in the vicinity measure approximately 5 acres in area. The property is undeveloped, however, some grading and earth moving have taken place and little vegetation other than grass and weeds exists on site. The site slopes from the northwest to the.southeast. The property does not contain any environmentally sensitive areas. The application and site maps are attached as Attachment B. Development in the area is industrial and includes saw mills, an asphalt batch plant, soils -_ and concrete recycling, auto wrecking yards, and contractor yards. - - DEPARTMENT COMMENTS: City Departments reviewed the proposal but did not identify any concerns with the application. aC Q9- eta] recycling Page 2 �. , Oc'tober 2 PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on September 30, 2009, the site was poste_ d and not -ice mailed to property owners within 300 feet of the subject property -on September 28 2009. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY -DEVELOPMENT ANALYSIS: . - The City's Comprehensive Plan and Land Use Map identify the area as being located in the City's Southwest Planning Area, iid-designat_es the site as Industrial (I):" --The site is zoned IH, Industrial Heavy. The entire Comprehensive P-l.an_and_P--ort. Angeles .Municipal Code were -rev iewed with regard to the proposal, and the references listed in Attachment C were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the Industrial Heavy zone are also included in Attachment C to this staff report. Application materials indicate that the intent of the operation is not an automobile wrecking yard. The applicant makes the distinction that metal recycling involves the collection and sorting of metals, followed by the hauling of those metals to Tacoma. Non recyclable materials will be hauled to the City transfer station for disposal. No break down or dismantling of automobiles _i__roposedLfor the site: - Ametal recycling yard is not listed as a permitted or conditional use -in -the IH zone, however, automobile wrecking yards and 'junk' yards are allowed by conditional use permit in the IH.zone per PANIC 17.35 on a minimum 3 acre site. It could then be assumed that,.given-- - that the proposed use is less intensive than a true wrecking or junk yard use, and is the type of use described in the purpose section of -the -Industrial Heavy section of the Port Angeles - Municipal Code, that it should be considered in the "Other uses that meet the intent of the. - [IH]zone" category of Section 17.34 PAMC. No structures are proposed for the use, and the proposed site is 5 acres in area. The application materials indicate that constructed earth berms will control adverse visual impacts from the site to off-site locations. The applicant also indicates that the berms will. control stormwater flows on the site. A stormwater detention pond is indicated on the site plan. In consideration of a conditional use permit application, the Planning Commission may . impose whatever restrictions or conditions are considered to be essential to -protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. The development standards. for conditional uses are provided in Table "A" of the Zoning Code which increases the minimum setbacks and lot size. Consideration-is'also-given to. the impacts- on traffic patterns, the physical=circumstances _ of the subject property, other uses in the neighborhood, schools, and needed public improvements. r CUP 09-07 RPM metal recycling Page 3 October 28, 2009 STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination ofNonSignificance was issued for this proposed-action'on October 26, - - 2006.- per_WA_CA 97-1-1--355. Attachments: A - Conditions, Findings, and Conclusions -- B - Application -- - C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References ,r v CUP 09-07 RPM metal recycling Page 4 October 28, 2009 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-07 subject to 3 conditions and based on the following 12 findings and 2 conclusions in support of the action: 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. A minimum of 10 parking spaces shall be provided on the site per PANIC 17.35.050, and be developed to the satisfaction of the City's Public Works and Utilities Department for the type -of use intended.. 3. The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October 15, 2009.) Findings: Based on the information provided in the Community Development Staff Report for CUP 09-07 dated October 28, 2009, 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. Richard Nordberg submitted Conditional Use Permit application CUP 09-07 to operate a metal recycling facility on a 5 acres site in the Eclipse Industrial Park on September 22, 2009. 2. The site is zoned Industrial Heavy. The property directly adjacent to the west is situated within Clallam County jurisdiction and is zoned RCC3 Rural Character Conservation. 3. The City's Comprehensive Plan was reviewed for consistericy 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.. 4. 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 mil -Is-, an asphalt plant, -contractor yards, and other industrial uses that are expected in industrial areas. 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. CUP 09-07 RPM metal recycling October 28, 2009 Page 5 6. 17.08.055"J" PAMC 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 PAMC, the Planning Commission shall consider applications for conditional use permit uses 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 Chapter 17.3 5.050 requires 10 off-street parking spaces for any approved junk yard. 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 _ extension of utilities to the site will be the responsibility of the property owner. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily Nems on September 30, 2009, posted on the site on September 28, 2009, and mailed to property owners. within 300 feet of the subject property on September 28, 2009. No public comment was received during the public comment period which ended on October 15, 2009. - 11. A Determination of Non -Significance was issued for this proposed action o October 26, 2009. 12. The Planning Commission conducted a public hearing on the proposal at the October 28, 2009, regular_ meeting. _ y CUP 09-07 RPM metal recycling Page 6 October 28, 2009 Conclusions.- Based onclusions:Based on the information provided in the Department of Community Development Staff Report for CUP. 09-07 October 28, 2009, 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 -17.3.5-,-Junk - Yards Conditional Use Permit, and 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 1-7.96.050. CUP 09-07 RPM metal recycling Page 7 October 28, 2009 ATTACHMENT C _. COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT CONDITIONAL USE PERMIT CUP 09-07 FOR RPM IN THE IH ZONE: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Industrial Goal H: "To provide opportunities for industrial development in a manner, which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, contributes to the City's quality of life, and is compatible with the desired urban design of the City" Policy H.3 - "Industrial areas should buffer their impact to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, or objectionable visual material. " Policy H.4 — "Industrial activity should be located in three major areas: adjacent to the harbor, around the airport, and along Hwy 101 west of Benson Road". Economic Development Element Policy B.4 - "The City should promote the diversification of the community's economic base by encouraging the location, retention, and expansion of local businesses ". Policy B.5 - The City should promote the location, retention, and expansion of small and medium sized businesses, which access their markets and suppliers through telecommunications and available shipping and transit". Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Industrial Heavy (IH). The purpose and intent of this zone is: "This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts _can be expected_fi om__permitted industrial uses that involve hazardous materials; .noise; -air and -water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical". 17.35.010 Junk Yards - Purpose. "The purpose of this Chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are CUP 09-07 RPM metal recycling Page 8 October 28, 2009 conducive to the public health, safety, and welfare. This Chapter provides for junk yards.to be permitted through the conditional use permit process". Section 17.35 PANIC contains specific - requirements for siting, screening, and parking associated with the placement of junk yards. The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to assure that the maxhnum 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 PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses 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. 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. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. APPLICANVOWNER INFORMATION: _-' [CSZ009. - I VACITY OF PORT ANGELES - -- - ep . o omm-----u— Applicant:ni y eve opment t Address: 1S3 L -i P s e,t , 1 - b�- Daytimephone#' 3 Applicant's representative (if other than applicant): Address: Daytime phone #: Property owner (if other than applicant): j t, e �c,� ,n c�A 6-f— �-� OA I-�r c� �a �� �► Cum < <7 Address: Daytime phon �> `�' c/ / -7 PROPERTY INFORMATION: - Street address: Legal description: - Zoning: _ Comprehensive Plan designation: Property dimensions: Property -area -(total square feet): Physical characteristics i.e. flat sloped, vacant developed, etc.): PROPOSED USE INFORMATION: Please describe the proposed conditional use: f}'aC1,e C!r ®a® Number of employees: —� Hours of operation: D� Number of on-site parking spaces: Building area (total square feet of floor area for the proposed activity)' SIGNATURES: Applicant: I certi) that all of the above statements are true and complete to the best of my knowledge and acknowledge that wilful _misrepresentation. of information1 will terminate this permit application. I have read this application in its entirety) and understand that nzy submittal will be reviewed for completeness. If found to be coniplete the application. wOber uledfor the next available Planning Commission meeting. If not complete, when requested information he'. ed the application. will be scheduled for the next available meeting. Date 1 Z J 00A oC Owner (if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date For Staff Use Only: Pem-.it No. Appl. complete Add. Info requested s' l//s �r�b �c iCv 7Liz c •..tom% <G - FI I !il' rel I I �I ' i i I��', i i � v� ` BERMSTORM WATER POND SORTING AREA SCALE 1 40, RPM Metal Recycling 70", Rick Nordberg Cleaning up America one scrap at a time Excavation - Demolition Mat Nordberg Patty Nordberg 161 Hooker Rd. Sequim, WA 98382 Free Removal Free Pick Up Free Drop Off ' . z . PAORTNGELES W A S H I N. G T O N, U. S. A. ly CITY OF PORT ANGELES ENVIRONMENTAL CHECKLIST Purpose of Checklist: Filing Fee: 13.00 Admin. $ 125. 0 ECEHE D SEP 2 2 2009 CITY OF PORT ANGELES Dept. of Community Development Chapter 43.21 C RCW the State Environmental Policy Act (SEPA) requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. The purpose of this review is to provide information to help you and the reviewing agency identify impacts that may result from your proposal and to identify methods to reduce or avoid impacts from the proposal if they exist. The review will help the agency decide whether further information is necessary or whether an environmental impact statement (EIS) is necessary. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Answer each question to the best of your knowledge with the most precise information known. Provide the best descriptions you can. In most cases you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply (N/A). Complete answers to the questions will avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning,. shoreline, and landmark designations. Answer these questions if you can. If you have problems please ask the City Department of Community& Economic Development employees to assist you. The checklist questions apply to all parts of your proposal, even if you planto phase them over a period of time or on different parcels of land. If phasing is proposed, please Prov I i de, hat information in Item 11, the description section. Attach any additional information that will help describe your proposal or its environmental effects and include a site map. BACKGROUND 1. Name of project: / �oO/ ,e �n �" �� /'i G�a's �/i ✓G iii A. Address or general location of site: 2. Name address, and phone number of applicant: �brf ,Qr� 3. Name, address and hone number of contact er on i they ,!9-7 5e5 tet//tel P p � �d an applicant: N/A 4. Date checklist prepared: 5. Agency requesting checklist: CITY OF PORT ANGELES r r'. 6. Proposed timing or schedule (including p sing, if applicable): T �,�, s-,rr�rcio•� o� si /, 4:/. //.6c-Eviri��e A. What is the longterm objective o tisproposal? B. How does this project relate to long-term J�lans? Tie /oro osc�� is Environmental Checklist Page 2 EVALUATION FOR AGENCY USE.Y-, t. 7. Do you have any plans for future additions, expansion, or further activity related to or connected withis proal? If yes, explain. 8. List any,environmental information you know about that has been preared, or will be prepared, directly related to this proposal: '02 9. Do you know whether applications are pending for governmental approvals of other proposals direcfly affecting the property covered by your proposal? �P- If yes, explain. �/-W 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this. checklist that ask you to describe certain aspects of your proposal, You do not need to repeat those answers on this page.. (Lead agencies may modify this form to include additional specific information on project description.) 7T, . �•/oc.�/off "!�c a� c/ serf moo' Tcomo. 12. Location of the proposal. Give sufficient information for a pep Q nto understand the precise location of your proposed project, including a(Wreet address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. i000/dc X PROJECT SPECIFIC ACTIONS: Complete this section if your proposal involves a project specific action such as a subdivision, new construction, a new or expanding business, a site specific rezone (not area -wide), a conditional use permit, a shoreline permit, or similar action: ENVIRONMENT Earth A. General description of the site (circle one): Flat rolling, hill , steep slopes, mountainous, other ;�H ,,Environmental Checklist ` Page 3 EVALUATION FOR AGENCY USE B. What is the steepest slope on the site (approximate percent slope)? /6 C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. df d dcr c.ci-��> ; ...5czr�cr/�r� � 9�c,� dam✓ D. Are there surface indications or.history of unstable soils in the immediate vicinity? If so, describe. iVo E. ' Describe the purpose, type, and approximate quantities of any Filling or grading proposed. Irldicatesource of fill: iia.2-7 fr7goo p.c�i1 t -=�77� Pii> S//� MQ/Cd/4tI F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? /t1orc H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. "rAre herea y off-si a sources of emissions or odor that may affect your proposal? If so, generally describe. it/e,-2c C. Proposed measures to reduce or control emissions or other impacts to air, if any: �'/`c�•��'ci� �aG�/a•.=ick. �o�n�i.��c� w,5r 3. Water A. Surface: ------------i-)—Is-there-any-surface-water-body-on-or-in-the-immediate-vicinity-of- - the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Al., . ii.) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If s, please describe and attach available plans. a iii.) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material: *�1I7 G Environmental Checklist Page 4 EVALUATION FOR ' AGENCY USE—, iv.) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. v.) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Itle vi.) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. B. Ground: i.) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Q'��rjl CG►� /�'D� /� UhB `' ii.) Describe waste material that will be discharged into the Ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing chemicals; agricultural wastes; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. tet//f C. Water Runoff (including storm water): Q Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will the water flow into other waters? If so, describe. •4r -rXe i orf r�ii s.',C, �n A4 �a ii.) Could waste materials enter ground or surface waters? If so, generally describe. 4 D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4. Plants A. Check or circle the type of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other t� shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, water plants: water lily, eelgrass, milfoil, other Other types of vegetation ;Environmental Checklist Page 5 B. What kind and amount of vegetation will be removed or altered? C. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Q ex 5. Animals Animals A. Circle any birds and animals which have been observed on or near the site or are known to b on or near the site: Birds: hawk, heron, eagle, ongbird , other Mammals:(dee bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other/.� B. Threatened or endangered species known to be on or near the site. /Yore C. Is the site part of a migration route? If so, explain. EVALUATION FOR AGENCY USE D. Proposed measures to preserve or enhance wildlife, if any. rcp,����' u✓�.S Sc �'r�%r ii�cGr,-fist 6. Energy and Natur'Resources f A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. /1" B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. ,ria C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. of �ac.�`a/, f�e si�e �.®�✓c/ �®r�.rc..ryc �ii�r �y 7. Environmental Health A. Are there any environmental health Hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. rley� i) Describe sp cial emergency sere ces h t might be r quire . -- ----- - - �y ����-�xs��-mac- -- - ii) Pr6Vo re*' ineagUres'to ifeduce,or control environ m nta health hazards, if any. IV14 B. Noise i) What types of noise exist in the area which may affect your project (for example: traffic,. equipment, operation, other)? ii) What types and levels of noise would be created by or associated with the project on a short-term or -a long-term basis (for example:, traffic, constructio ,operation, O51 other)? Indica e what hours noise would come from the site. c-),V�, t��t!/11c" idO Jar, rG/ J[�✓ C iii) Proposed measures to reduce or control noise impacts, if any: Environmental Checklist Page 6 8. Land and Shoreline Use EVALUATION FOR r• AGENCY USE A. What is tl current use of toe site and adjacent. p erties? dvncc S 19.17iia/ /O/7 Ali c t�Gc�� B. Has the site been used for agriculture? If so, describe. A/6 C. Describe any structures on the site. nohc D. Will any structures be demolished? If so, what? r?o E. What is the current zoning classification of the site? F. What is the current Comprehensive Plan designation of the site? G. What is the current Shoreline Master Program designation of the site? NIS H. Has any part of the site been classified as an'`environmentally sensitive" area? If so, specify. n O I. How many people would reside or yvork in the completed proj t? •%a:_54".i J. Approximately hbwlmany peo le would the completed project displace? 44,,-7 c K. Proposed measures to avoid or reduce displacement impacts, if any: L Proposed measures to ensure the proposal is compatible with existing and projected, land uses and plans, if any: A'X •zdr��/ �jerp 9. Housing A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing, if//i¢ B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. A11101 C. Proposed measures to reduce or control housing impacts, if any. 10. Aesthetics A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? B. What views in the immediate vicinity would be altered or obstructed? •r. + Environmental Checklist Page 7 C. Proposed measures to reduce of control aesthetic impacts, if any. 11. Light and Glare A. What type of light or glare will the propo al produce? What time of day would it mainly occur? Our���� B. Could light or glare from the finished project be a safety hazard or interfere with views? Alo C. What t existing off-site sources of light or glare may affect your proposal? 411-f EVALUATION FOR AGENCY USE D. Proposed measures to reduce or control light and glare impacts, if any. .fir -./res° fry ,��o� fi� v/`ctrl 12. Recreation A. What designated ainformal recreational opportunities are in the immediate vicinity? 411-4 B. Would the proposed project displace any existing recreational uses? If so, describe. xa C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. IV 13. Historic and Cultural Preservation A. Are there any places or objects listed on, or proposed for, national, state, or Focal preservation registers known to be on or next to the site? If so, generally describe: -411-* — -- B-. ----Generally-describe any -landmarks -or -evidence --of historic,-- --- archaeological, scientific, or cultural importance known to be on or next to the site. �©ham C. Propose measures to reduce or control impacts, if any: 14. Transportation A. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site pl ns, i any. �tesi4/ fart ah s. nri!c fid/� 'c/i-V".O�i's 7 c� D/ j �f�c �p.�/ /p �-e currently served by ppublic t nsi/t?'If not, what is 'rhe approximate distance to the nearest transit stop? of��w�y /o, Q✓��cr� ��c. m. Environmental Checklist Page 8 EVALUATION FOR AGENCY USE ; r C. How many parking spaces would the completed project have? How many would the project eliminate? X114 D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate either public or private). yo E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. .411W F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. G. Proposed measures to reduce or control transportation impacts, if any. A14 15. .Public Services A. Would the project result in an increased need for public services (for example?: fire protection, police protection, health care, schools, other)? If so, generally describe. 41c, B. Proposed measures to reduce or control direct impacts on public services, if any. i, V/�, C= 16. Utilities A. Circle u1' ' ies curtely available at the site: electricity, natural gas, wate refuse sere telephone, sanitary sewer. septic sys other. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. al &•fir hon V-- 17. Economics A. If the proposal will result in expansion of an existing business, please describe the nature of the expansion: e;g., add'itjonp "l landandlor buildings, new equipment, new employees). o_ B. If the proposal is the creation of a new business, please describe (e.g., re -use of an existing building and site, construction of a new building). C. Describe if the proposal is the first of its type in the community, or what the similar uses are. 10/ ,Environmental Checklist Page 9 EVALUATION FOR AGENCY USE D. How many people will the proposal provide employment for at its completion and what types of jobs will be created (e.g., sales clerks, factory workers, etc.)? (Jobs created by the construction of the proposal should be reported separately.) -# f'rm/o /_ E. Where will the materials, goods or services utilized by the proposal come from? 4!5� s� �= F. Where will the goods or services produced by the proposal be utilized? 'f �� '-� -- �'X'/ G. Who will utilize the goods or services produced by the proposal? H. Will the proposal alter the tax assessments of the area? Environmental Checklist Page 10 ENDANGERED SPECIES ACT (ESA) INFORMATION EVALUATION FOIA; ' AGENCY USE A. LISTED SPECIES If ESA listed species (salmon, trout, and chars, e.g. bull trout) are present or ever were present in the watershed where your project will be located, your project has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. Within the City of Port Angeles, the watershed is the Port Angeles Harbor. Are ESA listed salmonids currently present in the watershed in which your project will be: Yes X No Has there ever been an ESA listed salmonid stock present in this watershed: Yes X No . Uncertain Please describe Puget Sound Chinook Salmon,Ztrait of Juan de Fuca summer chum salmon, and bull trout are listed as threatened species in the Elwha River, Morse Creek, and the Strait of Juan de Fuca including Port Angeles Harbor. [If you answered "yes" to either of the above questions, you should complete the remainder of this section. ff not, skip to Non Project Action Section Page 93] 1. Name of watershed Port Angeles Regional Watershed (Elwha Morse). 2. Name of nearest waterbody 3. What is the distance from this project to the nearest body of water? (Often a buffer between the project and a stream can reduce the chance of a negative impact to fish.) /O pp0 �� f 4. What is the current land use between the project and the potentially affected water body (parking lot, farmland, etc.)? 5. Is the project above a: ( ) natural permanent barrier (waterfall) natural temporary barrier (beaver pond); ( ) man made barrier (culvert; dam); ( ) other (explain) ------6---If-you-checked any -of -the -items -listed -in -the -above -question #5; -are -there - any resident salmonid populations above the blockage? Yes No k Don't know 7. What percent of the project will be impervious surface (including pavement and roof area)? B. FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. (Both increases and decreases to water flow can affect fish migration.) ?, Environmental Checklist Page I I 1. Does the project require the withdrawal of: ,r/o Surface water? Name of surface water body Ground water? Amount From where? Depth of well 2. Will any water be rerouted? 3. Will there be retention ponds? If yes, will this be an infiltration pond or a surface discharge to ither a municipal storm water system or a surface water body? If a surface water discharge, name of waterbody. iY/W 4. Will new roads be required?_ (Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.) 5. - Are culverts proposed as part of the project? Iflol 6. Will topography changes affect the duration/direction of runoff flows? If yes, describe: X10 EVALUATION FOR AGENCY USE 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? A/a If yes, how will the loss of flood storage be mitigated by your project? C. WATER QUALITY. 1. Do you know of any problems with water quality in any of the streams within this watershed? If so, describe --v�-4' 2. Will your project reduce or ' crease shade along or over a waterbody? N. 3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants(feytilizers, other waste discharges, or runoff) to the waterbody? 4 —4.. Will_tur-bidity be increased -because -of -the -project --activities–?. -- - 5. Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? 4110 D. VEGETATION 1. Will the project involve the removal of any vegetation from stream banks? /10 2. If any vegetation is removed, do you plan to replant? Environmental Checklist Page 12 EVALUATION FOR ! AGENCY USE'.,, NON -PROJECT SPECIFIC ACTIONS: Complete this section only if your proposal involves a non -project specific action such as a Comprehensive Plan Amendment, Zoning Code Amendment, area -wide rezone (City-wide or large sub -area), or other similar action: When answering these questions be aware of to what extent the proposal. or the types of activities likely to result from the proposal would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? k,17 y Proposed measurestoavoid or reduce such increases: / y 2. How would the/proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life: 3-./ How would the proposal be likely to deplete energy or natural resources? /T/® g �j�p/J ®S Q drJd=C/iG7 /%'7C Q.CGG/� Proposed Measures tocon��er y and natural resources: 4. ow would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or —endangered-species-habitat,-historic-or-cultural-sites,-wetlands,-floodplains--0r-prime-- farmlands? Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? X//W environmental Checklist EVALUATION FOR rr1 Page 13 AGENCY USE Proposed measures to avoid or reduce shoreland and land use impacts: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s): 7. Identify, if possible, whether the proposal may conflict with local, state, or federal .laws or requirements for the protection of the environment. 1, the undersigned, state that to the best of my knowledge, the above information is true and complete. It is understood that the lead agency may withdraw any dec.110ation of nonsignificance that it might issue in reliance upon this ch t s d there be any willful misrepresentation or willful lack of full dis ur on My art. n! SIGN 1 Gt P� ✓ I✓1 a 'moi DATE: 2Z o 9 PHONE: -3&0,--7-7 5 0Z.75' -� O�/-ce �/i Jh his c7,,a�./s � �/,•C�ii , 6 STAly, (�� r n yPE -..i •yf�y �I?BJ ay STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 (360) 407-6300 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6349 October 15, 2009 Ms. Sue Roberds City of Port Angeles Community and Economic Development PO Box 1150 Port Angeles, WA 98362 Dear Ms. Roberds: — Your address is in the Elwiia- `. Dungenessr�'_�--- watershed Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the RPM Recycling project located in the 1000 block Fields Drive as proposed by RPM Metal Recycling. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): TOXICS CLEANUP: Connie Grove (360) 407-6254 This property is within a half mile of several known or suspected contaminated sites. If contamination is currently known or observed during construction or operation, sampling of the potentially contaminated media must be conducted. If contamination of soil or groundwater is readily visible, or is revealed by sampling, Ecology must be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at (360) 407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required, contact Connie Groven with the Toxics Cleanup Program at the Southwest Regional Office at the phone number given above. WASTE 2 RESOURCES: Anya Caudill (360) 407-6084 The activities listed in this SEPA checklist are subject to the Chapter 173-350 WAC, Solid Waste Handling Standards. Per this chapter, the owner or operator of all solid waste facilities shall design, construct, operate, and close all facilities in a manner that does not pose a threat to human health . or the environment. Based on the information provided in the checklist and in communication with Ms. Jennifer Garcelon, Clallam County Environmental Health, this facility appears to meet the requirements for Materials Recovery Facility�exemption'from solid waste handling permit (WAC 173- 350-310(2)). The applicant must submit a Notice of Intent to Operate under Terms and Conditions for Solid Waste Permit Exemption Form to the jurisdictional health department (Jennifer Garcelon) and Ecology (Anya Caudill) 30 days prior to beginning its operations. The form is available on Ecology's website at: http://www.ecy.wa.gov/biblio/ecy040153.html. WATER QUALITY: Roberta woods (360) 407-6269 Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the natural stormwater drainage systems or cause water quality degradation of state waters. A October 15, 2009 Page 2 After completion of this project, there is likelihood that stormwater runoff will contain increased levels of grease, oils, sediment, and other debris. It is recommended that stormwater treatment devices be installed so that any discharge will be appropriately treated to remove these substances. See Ecology's Stormwater Management Manual for Western Washington (2005) for Best Management Practice Options for treatment of contaminated runoff. A permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise permanently stabilized. All temporary erosion control systems should be designed to contain the runoff from the developed two year, 24-hour design storm without eroding. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept. The SEPA Checklist mentions that water will be used for dust control. If water is used to control dust impacts during construction, care must be taken to ensure that the watering does not cause erosion and offsite discharge of silt -laden water. Dust control activities which use water and cause discharge of turbid water to storm drains, surface waters, ground water, or the ground are in violation of RCW 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington. The discharges may be subject to enforcement action. Information about dust suppression techniques can be found in Ecology's Publication #96-433 "Techniques for Dust Prevention and Suppression." The internet link given below leads to. Ecology's website which provides information about dust suppression options: http://www.ecy.wa.gov/pubs/­`96433.pdf. Ecology's Stormwater Management Manual for Western Washington (2001) contains a list of suggested Best Management Practices (BMPs) for dust control on sites of disturbed land. See Volume IV, Source Control BMPs, page 2-16. This project may require a Construction Stormwater National Pollution Discharge Elimination System (NPDES) permit. If one or more acres are disturbed during construction AND the site already has offsite discharge or will have offsite discharge during construction, the applicant will need a NPDES permit. The permit application form is available on Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction. Please allow up to.60 days to turn in a completed application and to publish the two public notices. Ecology's comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM: 09-5637) cc: Anya Caudill, W211 Connie Groven, TCP Brett Raunig, VFO/WQ Joyce Smith, HQ/WQ Roberta Woods, WQ RPM Metal Recycling (Applicant) w46t, 4 _ � F a a OR NEMES WASH I N OTO N, U. S. A. Community & Economic Development Department December 14, 2009 Mr. Rick Nordberg P.O. Box 2081 PortAngeles; WA 98362 Re: 1000 Block Fields Drive — Conditional Use Permit CUP 09-07 RPM Metal Recycling Dear Mr. Nordberg: As you know, following a public hearing conducted on December 9, 2009, the .City Planning Commission approved your application for a conditional use permit to. conduct a metal. recycling use in the Eclipse Industrial Park on property identified in your application as being in the 1000 Block of Fields Drive. The conditional use permit was approved with the following conditions: 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. A minimum of 10 parking spaces shall be provided on the site per PANIC 17.35:050, and be developed to the satisfaction of the City's Public Works and Utilities Department for the type of use intended. 3. The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October] 5, 2009). You should complete a Certificate of Occupancy available at the Building Division counter here 'in City Hall to register your business as functioning at the location and to obtain an actual address number in the event of an emergency call. Please don't hesitate to let us know if we can answer any questions relative to the conditional use permit activity. Sincerely, Sue Roberds Planning Manager Cc: Public Works Department Phone: 360-417-4750 / Fax: 360-417-4711 Website: wv.,w.cityofpa.us / Email: smartgrowth@cityofpa.us 321 East Fifth Street - P.O. Box 1150 / Poi t Angeles, WA 98362-0217 Planning Commission Minutes December 9, 2009 Page 2 PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 09-07 -Rick Nordberg, Fields Drive, Eclipse Industrial Park: Operate a metal recycling yard in the IH, Industrial Heavy zone. (This item is continued from October 28, 2009.) Planning Manager Roberds reviewed the Department Report recommending approval of the Conditional Use Permit, and identified the location, zoning, and intent of the proposed operation in reference to the PAMC. Jonathan Shotwell 484 Eclipse Industrial Park, Port Angeles, stated he thought the project was explained well in the staff report, and noted a second access to the site. Rick Nordberg, 153 Huehslein Road, Port Angeles, stated that he works with 50-60 private businesses to pick up and handle recyclable metals. Auto parts, rather than entire cars, would be recycled on site. If crushing or disassembly of automobiles is desired in the future, all necessary permits will be obtained prior to commencing such an activity. Excess materials will not be stored on site for long. His intent is to collect a truck load full of materials and deliver to an appropriate regional recycling facility on a regular basis. No retail use will be conducted on site. Mr. Nordberg is anxious to assist citizens who would like to remove large metals from their properties thus creating more appealing neighborhoods. There being no further testimony, Commissioner Reiss closed the public hearing. Commissioner Boyle moved to approve the Conditional Use Permit with the following conditions, findings, and conclusions: Conditions: 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. A minimum of 10 parking spaces shall be provided on the site per PAMC 17.35.050, and be developed to the satisfaction of the City's Public Works and Utilities Department for the type of use intended. 3. The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October 15, 2009.) Findings: Richard Nordberg submitted Conditional Use Permit application CUP 09-07 to operate a metal recycling facility on a 5 acres site in the Eclipse Industrial Park on September 22, 2009. Planning Commission Minutes December 9, 2009 Page 3 2. The site is zoned Industrial Heavy. The property directly adjacent to the west is situated within Clallam County jurisdiction and is zoned RCC3 Rural Character Conservation. 3. 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. 4. 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. 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" PAMC 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 PAMC, the Planning Commission shall consider applications for conditional use permit uses 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 Chapter 17.35.050 requires 10 off-street parking spaces for any approved junk yard. 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 extension of utilities to the site will be the responsibility of the property owner. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 30, 2009, posted on the site on September 28, 2009, and mailed to property owners within 300 feet of the subject property on • 0 Planning Commission Minutes December 9, 2009 Page 4 September 28, 2009. No public comment was received during the public comment period which ended on October 15, 2009. 11. A Determination of Non -Significance was issued for this proposed action o October 26, 2009. 12. The Planning Commission conducted a public hearing on the proposal at the October 28, 2009, regular meeting. Conclusions: 1. As conditioned, the metal recycling use meets the requirements of PAMC 17.35, Junk Yards Conditional Use Permit, and 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. 3. Conclusions: 4. As conditioned, the metal recycling use meets the requirements of PAMC 17.35, Junk Yards Conditional Use Permit, and development that is permitted in the Industrial zone per PAMC 17.34. 5. 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 Beier seconded the motion, which passed unanimously. • Planning Commission Minutes October 28, 2009 Page 2 PUBLIC HEARINGS: CONDITIONAL USE PERMIT — CUP 09-07 — RPM RECYCLING, 1000 Block Fields Drive: A proposal to establish a metal recycling use in the IH Industrial zone. Associate Planner Scott Johns indicated that due to a procedural matter requiring the applicant to obtain a permit from the Clallam County Department of Environmental Health to conduct the recycling use, action on the matter is premature at this time. He asked that the matter be continued to the December 9, 2009, regular meeting. The applicant is aware of the additional procedural requirements. Chair Reiss reviewed the quasi judicial public hearing procedures for the public and qualified the Commissioners regarding appearance of fairness and conflict of interest matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then opened the public hearing. Commissioner Beier moved to continue the public hearing until December 9, 2009, 6 p.m. to allow procedural issues to be completed. The motion was seconded by Commissioner Matthews. The Chair asked if there was anyone in the audience who wished to speak to the issue. There was none. The motion then passed 6 — 0. GELES AS H I N G T O N, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, Associate Planner DATE: October 28, 2009 RE: Conditional Use Permit - CUP 09-07 APPLICANT: Rick Nordberg OWNER: Candace LTD LOCATION: Eclipse Industrial Park REQUEST: Operate a metal recycling yard in the IH, Industrial Heavy zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 09-07 with 3 conditions, citing 12 findings and 2 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located on an undeveloped parcel on the far west side of the Eclipse Industrial Park, accessed from Eclipse West Drive and Fields Drive. The access roads are private, not improved city streets. Parcels in the vicinity measure approximately 5 acres in area. The property is undeveloped, however, some grading and earth moving have taken place and little vegetation other than grass and weeds exists on site. The site slopes from the northwest to the southeast. The property does not contain any environmentally sensitive areas. The application and site maps are attached as Attachment B. Development in the area is industrial and includes saw mills, an asphalt batch plant, soils and concrete recycling, auto wrecking yards, and contractor yards. DEPARTMENT COMMENTS: City Departments reviewed the proposal but did not identify any concerns with the application. • CUP 09-07 RPM metal recycling October 28, 2009 PUBLIC COMMENT: CJ Page 2 Notification of the proposed action was placed in the Peninsula Daily News on September 30, 2009, the site was posted and notice mailed to property owners within 300 feet of the subject property on September 28, 2009. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The City's Comprehensive Plan and Land Use Map identify the area as being located in the City's Southwest Planning Area, and designates the site as Industrial (I). The site is zoned IH, Industrial Heavy. The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the proposal, and the references listed in Attachment C were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the Industrial Heavy zone are also included in Attachment C to this staff report. Application materials indicate that the intent of the operation is not an automobile wrecking yard. The applicant makes the distinction that metal recycling involves the collection and sorting of metals, followed by the hauling of those metals to Tacoma. Non recyclable materials will be hauled to the City transfer station for disposal. No break down or dismantling of automobiles is proposed for the site. A metal recycling yard is not listed as a permitted or conditional use in the IH zone, however, automobile wrecking yards and 'junk' yards are allowed by conditional use permit in the IH zone per PAMC 17.35 on a minimum 3 acre site. It could then be assumed that, given that the proposed use is less intensive than a true wrecking or junk yard use, and is the type of use described in the purpose section of the Industrial Heavy section of the Port Angeles Municipal Code, that it should be considered in the "Other uses that meet the intent of the [IH]zone" category of Section 17.34 PAMC. No structures are proposed for the use, and the proposed site is 5 acres in area. The application materials indicate that constructed earth berms will control adverse visual impacts from the site to off-site locations. The applicant also indicates that the berms will control stormwater flows on the site. A stormwater detention pond is indicated on the site plan. In consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. The development standards for conditional uses are provided in Table "A" of the Zoning Code which increases the minimum setbacks and lot size. Consideration is also given to the impacts on traffic patterns, the physical circumstances of the subject property, other uses in the neighborhood, schools, and needed public improvements. CUP 09-07 RPM metal recycling • • Page 3 October 28, 2009 STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on October 26, 2006. per WAC 197-11-355. Attachments: A - Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References • CUP 09-07 RPM metal recycling October 28, 2009 • Page 4 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-07 subject to 3 conditions and based on the following 12 findings and 2 conclusions in support of the action: 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. A minimum of 10 parking spaces shall be provided on the site per PANIC 17.35.050, and be developed to the satisfaction of the City's Public Works and Utilities Department for the type of use intended. 3. The applicant shall obtain all permits required by Clallam County Environmental Health and the Washington State Department of Ecology (See DOE comment letter dated October 15, 2009.) Findings: Based on the information provided in the Community Development Staff Report for CUP 09-07 dated October 28, 2009, 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. Richard Nordberg submitted Conditional Use Permit application CUP 09-07 to operate a metal recycling facility on a 5 acres site in the Eclipse Industrial Park on September 22, 2009. 2. The site is zoned Industrial Heavy. The property directly adjacent to the west is situated within Clallam County jurisdiction and is zoned RCC3 Rural Character Conservation. 3. 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. 4. 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. 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. CUP 09-07 RPM metal recycling • • Page 5 October 28, 2009 6. 17.08.055"J" PAMC 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 PAMC, the Planning Commission shall consider applications for conditional use permit uses 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 Chapter 17.35.050 requires 10 off-street parking spaces for any approved junk yard. 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 extension of utilities to the site will be the responsibility of the property owner. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 30, 2009, posted on the site on September 28, 2009, and mailed to property owners within 300 feet of the subject property on September 28, 2009. No public comment was received during the public comment period which ended on October 15, 2009. 11. A Determination of Non -Significance was issued for this proposed action o October 26, 2009. 12. The Planning Commission conducted a public hearing on the proposal at the October 28, 2009, regular meeting. • CUP 09-07 RPM metal recycling October 28, 2009 Conclusions: • Page 6 Based on the information provided in the Department of Community Development Staff Report for CUP 09-07 October 28, 2009, 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: As conditioned, the metal recycling use meets the requirements of PANIC 17.35, Junk Yards Conditional Use Permit, and 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 PANIC 17.96.050. CUP 09-07 RPM metal recycling October 28, 2009 Page 7 ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT CONDITIONAL USE PERMIT CUP 09-07 FOR RPM IN THE IH ZONE: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Industrial Goal H: "To provide opportunities for industrial development in a manner, which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, contributes to the City's quality of life, and is compatible with the desired urban design of the City" Policy H.3 - "Industrial areas should buffer their impact to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, or objectionable visual material. " Policy H.4 — "Industrial activity should be located in three major areas: adjacent to the harbor, around the airport, and along Hwy 101 west of Benson Road". Economic Development Element Policy B.4 - "The City should promote the diversification of the community's economic base by encouraging the location, retention, and expansion of local businesses". Policy B.5 - The City should promote the location, retention, and expansion of small and medium sized businesses, which access their markets and suppliers through telecommunications and available shipping and transit". Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Industrial Heavy (IH). The purpose and intent of this zone is: "This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical". 17.35.010 Junk Yards - Purpose. "The purpose of this Chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are CUP 09-07 RPM metal recycling Page 8 October 28, 2009 conducive to the public health, safety, and welfare. This Chapter provides for junk yards to be permitted through the conditional use permit process". Section 17.35 PANIC contains specific requirements for siting, screening, and parking associated with the placement of junk yards. The purpose of a conditional use permit is defined as "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." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses 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. 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. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. ^PYy�is5� a� , STATE: OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 • (360) 407-6300 711 for Washington Relay Service , Persons with a speech disability can call 877-833-6341 October 15, 2009 Ms. Sue Roberds City of Port Angeles Community and Economic Development PO Box 1150 Port Angeles, WA 98362 Dear Ms. Roberds: Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the RPM Recycling project located in the 1000 block Fields Drive as proposed by RPM Metal Recycling. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): TOXICS CLEANUP: Connie Grove (360) 407-6254 This property is within a half mile of several known or suspected contaminated sites. If contamination is currently known or observed during construction or operation, sampling of the potentially contaminated media must be conducted. If contamination of soil or groundwater is readily visible, or is revealed by sampling, Ecology must be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at (360) 407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required, contact Connie Groven with the Toxics Cleanup Program at the Southwest Regional Office at the phone number given above. WASTE 2 RESOURCES: Anya Caudill (360) 407-6084 The activities listed in this SEPA checklist are subject to the Chapter 173-350 WAC, Solid Waste Handling Standards. Per this chapter, the owner or operator of all solid waste facilities shall design, construct, operate, and close all facilities in a manner that does not pose a threat to human health or the environment. Based on the information provided in the checklist and in communication with Ms. Jennifer Garcelon, Clallam County Environmental Health, this facility appears to meet the requirements for Materials Recovery Facilit) exemption7from solid waste handling permit (WAC 173- 350-310(2)). The -applicant must submit a'Notice of Intent to Operate under Terms and Conditions for Solid Waste Permit Exemption Form to the jurisdictional health department'(Jennifer Garcelon) and Ecology (Anya Caudill) 30 days prior to beginning its operations. The form is available on Ecology's website at: http://www.ecy.wa.gov/biblio/ecV040153.html. WATER QUALITY: Roberta woods (360) 407-6269 Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the natural stormwater drainage systems or cause water quality degradation of state waters. Your address ! is in the r%1 Ellw ha- -�_�� Dungeness r watershed Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the RPM Recycling project located in the 1000 block Fields Drive as proposed by RPM Metal Recycling. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): TOXICS CLEANUP: Connie Grove (360) 407-6254 This property is within a half mile of several known or suspected contaminated sites. If contamination is currently known or observed during construction or operation, sampling of the potentially contaminated media must be conducted. If contamination of soil or groundwater is readily visible, or is revealed by sampling, Ecology must be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at (360) 407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required, contact Connie Groven with the Toxics Cleanup Program at the Southwest Regional Office at the phone number given above. WASTE 2 RESOURCES: Anya Caudill (360) 407-6084 The activities listed in this SEPA checklist are subject to the Chapter 173-350 WAC, Solid Waste Handling Standards. Per this chapter, the owner or operator of all solid waste facilities shall design, construct, operate, and close all facilities in a manner that does not pose a threat to human health or the environment. Based on the information provided in the checklist and in communication with Ms. Jennifer Garcelon, Clallam County Environmental Health, this facility appears to meet the requirements for Materials Recovery Facilit) exemption7from solid waste handling permit (WAC 173- 350-310(2)). The -applicant must submit a'Notice of Intent to Operate under Terms and Conditions for Solid Waste Permit Exemption Form to the jurisdictional health department'(Jennifer Garcelon) and Ecology (Anya Caudill) 30 days prior to beginning its operations. The form is available on Ecology's website at: http://www.ecy.wa.gov/biblio/ecV040153.html. WATER QUALITY: Roberta woods (360) 407-6269 Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the natural stormwater drainage systems or cause water quality degradation of state waters. October 15, 2009 Page 2 After completion of this project, there is likelihood that stormwater runoff will contain increased levels of grease, oils, sediment, and other debris. It is recommended that stormwater treatment devices be installed so that any discharge will be appropriately treated to remove these substances. See Ecology's Stormwater Management Manual for Western Washington (2005) for Best Management Practice Options for treatment of contaminated runoff. A permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise permanently stabilized. All temporary erosion control systems should be designed to contain the runoff from the developed two year, 24-hour design storm without eroding. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept. The SEPA Checklist mentions that water will be used for dust control. If water is used to control dust impacts during construction, care must be taken to ensure that the watering does not cause erosion and offsite discharge of silt -laden water. Dust control activities which use water and cause discharge of turbid water to storm drains, surface waters, ground water, or the ground are in violation of RCW 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington. The discharges may be subject to enforcement action. Information about dust suppression techniques can be found in Ecology's Publication #96-433 "Techniques for Dust Prevention and Suppression." The internet link given below leads to Ecology's website which provides information about dust suppression options: http://www.ecy.wa.gov/pubs/96433.pd . Ecology's Stormwater Management Manual for Western Washington (2001) contains a list of suggested Best Management Practices (BMPs) for dust control on sites of disturbed land. See Volume IV, Source Control BMPs, page 2-16. This project may require a Construction Stormwater National Pollution Discharge Elimination System (NPDES) permit. If one or more acres are disturbed during construction AND the site already has offsite discharge or will have offsite discharge during construction, the applicant will need a NPDES permit. The permit application form is available on Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction. Please allow up to 60 days to turn in a completed application and to publish the two public notices. Ecology's comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM: 09-5637) cc: Anya Caudill, W2R Connie Groven, TCP Brett Raunig, VFO/WQ Joyce Smith, HQ/WQ Roberta Woods, WQ RPM Metal Recycling (Applicant) CITY OF PORT ANGELES NOTICE OF POSTING xe:Rc��� ��-�C I JIM LIERLY, state that on the ,22 day of _ D� 1C � , , 2009, I posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 property proposed for a land use actic Subscribed to me this day of 09. \\\\\1\1111111111/// , �P S R DeF ��i����LZ 1 �v ..•..''9�a NOTARY PUBLIC r the State of a � t\piAgy --EXP 02.24•202 o = Washington, residing in Port Angeles �O Ii a i. or IWIAS� T/forms/affidavitpostingi i m • • CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on September 22, 2009, the CITY OF PORT ANGELES received an application for a conditional use permit to conduct a metal recycling use in the Industrial Heavy zone. The use will involve. some disassembly of parts, sorting, and short term storage prior to removal of materials to an approved off site location. No parts sales will occur. No long term storage is expected. The application was considered to be complete on September 25, 2009. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on OCTOBER 28, 2009, in consideration of the conditional use permit application. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than October 15, 2009, to be included in the staff report. Information may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non signficance will be issued for the project following the required public comment period that ends on October 15, 2009. APPLICANT: RPM METAL RECYCLING LOCATION: 1000 Block Fields Drive Eclipse Industrial Park For further information contact: Sue Roberds, (360) 417-4750 PUB: 9/30/09 POST: 9/28/09 MAIL: 9/28/09 T:\NOTICES\PCpublichearing.wpd PACS 9.0 Appraisal tEnvironment: Defauttl In, I PolpTvre: P1'1.,1,J,1�,,hal Real Pry cit (68827) Year - 2009-2010 Rcccakc: Current �;. L'save — cancel 5,rid '.-Recalculate Errors Commands Linked properties Property Information Owner Name Legal Description PID: 68827 CANDACE LTD PARTNERSHIP CANDACE LMTD PTNSHP LG LT SBDV V1 P24 LOT 1 -NE- 5.76A Geo: 0630181280100000 Tax Area: 0010 Nbhd: MDTLLAB0'j.,k',' $000 W14/2009 f Start fL. PACS ... inbox ... 1 � _, Parcel ... I EdgleR... JFr, -PACS .. E�MA - In... Tax Hi_ G_ 2:48 PM OLp � • Affidavit of Publication • In the Superior Court of the State of Washington for Clallam/Jefferson County Peninsula Daily News CITY OF PORT ANGELES LEGAL ACCT/CITY CLERK PO BOX 1150 CITY OF PORT ANGELES PORT ANGELES, WA 98362-0217 NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Septem- ber 22, 2009, the CITY OF PORT ANGELES received an application for a conditional use permit to conduct a metal recycling use in the Industrial Heavy zone. The use will involve Reference: 4900481 some disassembly of parts, sorting, and short term storage prior to removal of materials to an 5058536 CITY OF PORT ANGELES approved off site location. No parts sales will occur. No long term storage is expected. The application was considered to be complete on September 25, 2009. The CITY OF PORT ANGELES PLANNING COMMISSION will con- duct a public hearing on OCTOBER 28. 2009, in consideration of the conditional use permit The undersigned being first duly sworn on oath, deposes and application. Interested parties are encouraged to comment on the request and to attend the says. public hearing that will begin at 6 p.m., City Hall, That she/he is authorized to and does make this affidavit for and 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later on behalf of Peninsula Dail News, a corporation, and that the Y P than October 15. Zoos, to be included in the staff report. Information may be reviewed at the following statements of fact are within her/his personal and City Department of Community & Economic actual knowledge. Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with That said corporation is the owner and publisher of the disabilities. Interested parties are invited to Peninsula Daily News published in Clallam/Jefferson Counties, attend the meeting . and had been approved as a legal newspaper b order of the PP 9Y STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non sign - Superior Court of said Clallam/Jefferson County of the State Of ficance will be issued for the project follow- Washington. ing the required public comment period that ends on October 15, 2009. That the annexed is a true copy of a legal insertion as it was published in regular issues (and not in the supplement form) of APPLICANT: RPM METAL RECYCLING said newspaper was regularly distributed to its subscribers 9 Y LOCATION: 1000 Block Fields Drive Eclipse Industrial Park during all of said period. The publishing date cited is the last day of publication. For further information contact: Sue Roberds, (360) 417-4750 Pub.: Oct. 4, 2009 1 Insertion in Pub PDN on 10/04/09 � R Sc° �� :a01ARr• - 08/0512011 Z � •� AUBI.�G •� yam`•• OF AS���\NN III 11000 ---------------------------,�1Ira- Sworn to me on this 5th day of October 2009 NOTARY PUBLIC Notary Public in and for the State of Washington residing in Port Angeles. Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362 0 RT ANGELE WASH I N G T O N, U.S. A. IIVPARTMFNT OF VOMMUNITV d3k H:CONOMIC 1)FVFLOPMF.NT Date: September 29, 2009 To: Public Works and Utilities From: Sue Roberds, Planning Manager Subject: Conditional Use Permit - CUP 09-07 RPM Metal Recycling - 1000 Block Fields Drive The attached conditional use permit proposes to establish a metal recycling use in the Industrial Heavy zone within Eclipse Industrial Park. The site is the furthest lot on the south side of Fields Road. Please forward your comments to this Department no later than October 9, 2009. Please let me know if you have any questions. Thank you! Attachments DEPARTMENT OF COMMUNITY ECONOMIC DEVELOPMENT Nathan West Director 417-4751 Sue Roberds, Planning Manager 417-4750 Scott Johns Associate Planner 417-4752 Daniel Bialzik Assistant Planner 417-4804 Jim Lierly Building Inspector 417-4816 Linda Pangrle Permit Technician 417-4712 Patrick Bartholick Code Enforcement 417-4815 Derek Beery Archaeologist 417-4704 Ll --,, P OR-TANGELES W A S H I N G T O N, U. S. A. September 25, 2009 To: Department of Ecology, SEPA Division Clallam County Environmental Health From: Sue Roberds, Planning Manager Subj: Salvage yard in the IH zone RPM Metal Recycling —1000 Block Fields Drive Eclipse Industrial Park Enclosed you will find a notice of development application in association with a proposal to conduct a metal recycling/wrecking use in the Industrial Heavy zone. The wrecking use will involve some disassembly but is mostly sorting of metals with removal to an appropriate off site disposal location. The activity is proposed in the Industrial Heavy zone. The application materials are being forwarded to you for review during the required public comment period. The City will not issue a threshold determination until after the comment period which will end on October 15, 2009. This may be your only opportunity to comment on potential impacts of the application. Please don't hesitate to contact this department if you have any questions. Thank you. Sue Roberds, Planning Manager Enclosures • RTANGELE WASH I N G T O N, U.S.A. DEPARTMENT OF UOMMUNITY & ECONOMIC DEVELOPMENT Date: September 29, 2009 To: Jennifer Garcelon, Clallam County Environmental Health From: Sue Roberds, Planning Manager Subject: Conditional Use Permit - CUP 09-07 RPM Metal Recycling I am forwarding this conditional use permit to you for your information and any comments you may have. I asked the applicant to stop by your office to determine if he would need a permit to perform the recycling use, and assume that he has done so by now. So, please review the information and provide those comments you would like included in the staff report and to coordinate permitting on this issue. Please let me know if you have any questions. Thank you! Attachments APPLICANT/OV Applicant: Address: Daytime phone #{ 3 (ova '77 S - O 2-2 S Applicant's representative (if other than applicant): Address: Daytime phone M Propel tyowner (if other than applicant): -rVxe-_(Cy'AG &-e- Lim t!W 'Ir4u►ewsk, <7 Address: 'D` oX 1t„ 2 Daytime phone '-(4-7/CW7 PROPERTY INFORMATION: Street address: Legal description: Zoning: Property dimensions: Comprehensive Plan designation: Property area (total square feet): _ 2 6 c - Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): PROPOSED USE INFORMATION: Please describe the proposed conditional use: 2 TT" I 1 QG'�'1 e Gr Number umber of employees: `�a, r tij 4 Number of on-site parking spaces: Hours of operation: 6�' M 6 , Building area (total square feet of floor area for the proposed activity) SIGNATURES: Applicant: I certify that all of the above statements are true and complete to the. best of my knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. I have read this application in its entirety and understand that my submittal will be reviewed for completeness. If found to be complete the application will b 27euledforthe next available Planning Commission meeting. If not complete, when requested.information h beed the application will be scheduled for the next available meeting. Date � f 2Z ) 00� C5 t' Owner (if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature For Staff Use Only: Perrnit No. Appl. complete Add. Info requested Date z� I t f I } � I r. 1 E Si YA .. 147-. - r� - xt capse West Dr. F .s ",•til 2,4 S,`$v �a bill, ( �, S 3r 1y f t .� _ }} flee a ��{ eS��, •{t�'•.:{ y � ✓t � _ ._ ei 4 - �� i Eclipse Industrial Pky y - �� -- --- ROAD. --- --- -_ BERM 27 STORM WATER POND ' o SORTING AREA I ' SCALE 1 " - 40, RPM Metal Recycling s,70 Rick Nordberg No-Job Too -Small - Cleaning up America one scrap at a time Mat Nordberg Excavation • Demolition Patty Nordberg 161 Hooker Rd. (360) 775-0275 Sequim, WA 98382 \' Free Removal • Free Pick Up • Free Drop Off 1 Pu a` STATE:OF x Un,fs"ed Business TD #: 602 ::823 9.37' Partnership -Business ID `#: 1... Location: 1.. RPM METAL RECYCLING; ., 153 HEUSLEIN ' RD ' PORT ANGELES WA 98362.:8106 . TAX. REGISTRATION PARTNERS: PATRICIA ANNE NOROBERG .,.RICHARD. THOMAS :NORDBERG ' MATHEW EUGENE NORDBLkG RICHARD EUGENE NORD'BERG . REGISTERED TRADE NAMES. RPM METAL'RECYCLING d� k 4i-. fiF £' 4 a, ��: ^yi�zs `��- 4r _ f .s` ?Xt f�-ri `v.^�• F _ c ae. " #{° -r. <'. yf �4� Sir t ro The hcenSee named above has"bsen issued the business; registrations on Rl censes listed By acceptheing this document tlicensee certrfles the information ° 4 f prov�dedaon the ap�ilidatibn for theselicenses was complete true and accuratex�l!(i oto the best'of or, her," nowledg'e 'and'tnat business will be conducted' n" s „ ycomphance w;{h a]I applicable Washington tate county and,city regplaUons... Director, Department of Licensing l' I . ) Jj zz Pa PIV-/�IM17 10 12- 711,�