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HomeMy WebLinkAbout2350 Highway 101 West 2350 Highway 101 West CUP 12-08 CITY OF PORT ANGELES *** CUSTOMER RECEIPT *** Oper; SCORDERY Type: CT Drawer: I Date: 12/18112 18 Receipt no: 121726 Descri tion Quantity Amount 222 23 Pz PLANNING & ZONING 1.00 $625.00 Trans nusber: 1435979 PROPANE NORTHWEST PROPANE NORTHWEST PROPANE STORAGE Tender detail CK CHECK 3822 $625.00 Total tendered $625.00 Total payment $625.00 Trans date: 12/18/12 Time: 10:27:56 *** THANK YOU FOR YOUR PAYMENT *** FOR INQUIRIES 360-457-0411 PRESS I WW1W.CITYOFPA.US ORT NG-ELES A W A S H I N G T 0 N, U. S. A. DEPARTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, AICP Associate Planner DATE: January 9, 2013 RE: Conditional Use Permit- CUP 12-08 APPLICANT: Propane Northwest OWNER: Gary Bear, dba B and D Properties LLC LOCATION: 2358 Hwy 101 West REQUEST: Propane gas storage tank in the IH zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 12-08 with 2 conditions, citing 12 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located at 23 5 8 Hwy 10 1 West, and is 2.5 acres in size. Surrounding uses include agricultural and industrial uses. The site is zoned Industrial Heavy. The property is developed with three warehouse structures that house a variety of industrial and commercial uses with access from Hwy 10 1. The site is generally level and surfaced with asphalt and hard packed gravel but lacks landscaping. Some native vegetation exists along the south and east perimeter of the site. The application and site maps are attached as Attachment C. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Public Works and Utilities Department had no further comment from those previously provided for the temporary use of the site by the applicant regarding access to the site. These issues have been satisfactorily addressed. e Northwest Page 2 V IFIP�712 a y 9T,_0 137 I0 PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on December 19, 2012, the site was posted on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No comments were received from the public during the comment period that closed on January 2, 2013. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of Nonsignificance was issued for this proposed action by the City's SEPA Responsible Official on January 3, 2013,per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the proposal. The references listed in Attachment B were found to be the most relevant to the proposal. The City's Comprehensive Plan Land Use Map identifies the area as being located in the Southwest Planning Area. The site is designated Industrial. In addition to the Comprehensive Plan goals and policies, development regulations for the Industrial Heavy(IH) zone are also included in Attachment B to this staff report. The site is zoned Industrial Heavy. Gas manufacture and/or storage are allowed by conditional use permit in the IH zone per PAMC 17.34.040(D) and 14.21.030(A). No physical change to the site or exterior of any structure is being proposed, so no change in appearance or lot/site coverage is anticipated. The proposed storage tank was previously approved as a temporary use on April 9, 2009, (CUP 09-01, DNS 1237 issued on March 31, 2009). The tank was placed on the site and has since been removed as conditioned. The applicant now wishes to make the use permanent. No additional site alterations are required. Adequate vehicle maneuvering and parking area exist on the site for the intended industrial activity. 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 impacts on traffic patterns, the physical circumstances of the subject property, other uses in the neighborhood,'and public improvements in the area are considered during the review process. The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 12-08 subject to 2 conditions supported by the 12 findings and 4 conclusions listed in Attachment A to this staff report: Attachments: A-Conditions, Findings, and Conclusions B-Comprehensive Plan,Zoning Ordinance,and Other Municipal Code References C—Application materials CUP 12-08 Propane Northwest Page 3 January 9,2013 ATTACHMENT A CONDITIONS, FINDINGS,AND CONCLUSIONS IN SUPPORT OF CUP 12-08 Conditions: 1 The site shall be inspected and shall meet all Fire Department standards and development requirements prior to commencement of the activity. 2. The installation of additional propane tanks will require an amendment to the conditional use permit. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 12-08 dated January 9, 2013, 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: I. Propane Northwest submitted Conditional Use Permit application CUP 12-08 to permanently locate a 12,000 gallon propane storage tank on the site at 23 5 8 Highway 10 1 West, Clallarn County Parcel Number 063007340225, on December 13, 2012. 2. The site is zoned Industrial Heavy. Surrounding zoning is primarily Industrial Heavy. Some light agriculture and residential uses exist in the area. 3. Proposed site development includes installation of a 12,000 gallon propane tank with parking for a smaller two axle delivery vehicle and a 32,000 lb. gross vehicle weight two axle delivery truck. The location proposed for the tank is approximately 450' south of the Highway. The industrial site contains other uses that include Harbinger Winery, Adventures Through Kayaking, and B & D industries. The site contains a large frontage ingress/egress point to Highway 10 1 West. There is no other access to the site. 4. The site is located in the City's Southwest Planning Area. The Comprehensive Plan Land Use Map designates the site as Industrial. Adjacent sites are also designated Industrial. Development in the neighborhood includes agricultural use, single family residences, and a variety of industrial uses. 5. "Gas (illuminating and heating)manufacture or storage" is listed as a conditional use in the IH zone per PAMC 17.34.040(D). 6. 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 tothe 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. 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. CUP 12-08 Propane Northwest Page 4 January 9,2013 7. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy A.2, Goal D, Policy D.1, Goal H, Policy HA, and Policy H.5 and Transportation Element Policy B.14 & B.16, were found to be most relevant to the proposal. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. Reviewing City Departmental comments were considered in the review of this application. No concerns were noted. Site development will be approved by the Fire Department. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on December 19, 2012, posted on the site on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No written comments were received during the public comment period that ended on January 2, 2013. 11. A Determination of Non-Significance wa*s issued for this proposed action on January 3 2013. 12. The Planning Commission conducted a public hearing on the proposal at the January 9, 2013 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-08 January 9, 2013, 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. The conditional use permit was processed consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 2. The proposal is consistent with PAMC Chapter 17.34.040(D) (Zoning). 3. As conditioned the proposal will not be detrimental to the public interest and will provide a needed service to the public. 4. The use is consistent with surrounding industrial uses and is situated in a manner that does not pose a visual impact the neighboring uses or cause a parking concern. CUP 12-08 Propane Northwest Page 5 January 9,2013 ATTACHMENT B Comprehensive Plan Goals,Policies, and Objectives in support Conditional Use Permit CUP 12-08 in the III zone: 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 Southwest 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: The Comprehensive Plan Land Use Map designates the site as Industrial (1). 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 im act on the environment, contributes to the City's quality of life, and is compatible with the desired urban design of the City. Policy H.4- "Industrial activity should be located in three major areas: adjacent to the harbor, around the airport, and along Hwy 101 west ofBenson Road." Policy H.5— "Because they are hazardous to the community and detrimental to the general environment of the area petroleum refineries, liquefied natural gas and liquefiedpetroleum gas facilities, energyfacilities, energy plants and their associatedfacilities and associated transmission facilities, as defined in Chapter 80.50 RCW, should not be permitted outside the heavy industrial use area and without conditional use review. 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. 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." PAMC 17.34.040 Conditional Uses includes the following: Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). PAMC 14.21.030(A)Aboveground Storage of Flammable Liquids states: A. "The limits referred to in Section 7902.2.2.1 of The International Fire Code, in which storage offlammable or combustible liquids in outside aboveground tanks is prohibited are established in all residential zones, and in all other zones when the total capacity exceeds 24,000 gallons, but not in the IH zone where there is no limitations. CUP 12-08 Propane Northwest Page 6 January 9,2013 B. "The limits referred to in Section 7904.4.1 of the International Fire code, in which new bulk plants forflammable or combustible liquids are prohibited, are established asfollows: In all zone classifications except thatpart of the IHzone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same". Conditional Use is defined as: "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone". 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 andpotential 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 applicationsfor Conditional Use Permits Of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant saidpermits 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. A 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. -------------------- A*A -WV-10 2318 V, 2414 2 D35 8 2324 2346 23581 2358 J) 1,�7 APPLICANDOWNER INFORMATION: -3—/;-7 Applicant: PA r) 0-.9 Alit OA-7- P w A� ST i-ev C Address: (41VS% .7104 Daytimephoneg:_,�;<)3- (.7er-y3,,C Applicant's representative(if other than applicant): Address: /n,�o7 5L-, /44,�-- ;4,M- C Daytimephone#: 5n-?- 93 O,Z 17 0 Property owner(if other than applicant): 6r,0 4 a-kz 05 r"q x, Address: ;t. 4-wy lot k)� r4,%,&cLx; Daytimephone#:, 3(,0- Y4,0. /L/:Sl PROPERTY INFORMATION: Streetaddress; ;) 7s )41V&rT-[-rT 14 Legal description: Zoning: -T'W Comprehensive Plan designation: Property dimensions: k I q Property area(total square feet): Physical characteristics(i.e.,flat sloped,vacant,developed,etc,): PROPOSED USE INFORMATION: Please describe the proposed conditional use: 1 00 j)_ C"I Z4", VS,LL 0 —1 v 'V 0 402 6.^/f JIV-ro 4 11 A-A Or-LLI VAIt —J /L VC k 4 T Number of employees: Hours of operation: Number of on-site parldng spaces: Building area (toW square feet of floor area for the proposed activity): SIGNATURES: Applicant: Icerti e es 1 kn I a Icn fy that all ofthe above statements are true ndco pletetoth b tofny owedge ndac owledge that wi�&l misrepresentation ofinformation will terminate thispermit application. Ihave read this application in its entirety and understand that my submittal will be reviewedfor completeness. Iffound to be complete the application will be scheduledfor the next available Planning Commission meeting. Ifnot complete,when requested information has been received the application will be scheduledfor the next available meeting. Signature Date Owner(if other than applicant): lam the owner ofthe subject,property identified herein and approve ofthis application. Signature Date 12--1-3--1 2- For Staff Use Only. Permit No. Appl. complete Add. Info requested -2358. . 2358 C cit:A-,f, P; a4- -5k A-4 A t-7 T, 4e k— 7,9 0 i-CA T /0 PORTANGELES Filing Fee: *$ 350.00 W A in ._L2_LQ0 in C FLC L IDI LiIDI LO CITY OF PORT ANGELES DEC 13 2012 1=1 T �O T ENVIRONMENTAL CHECKLIST 0 T CITY OF POR�T ANGELES of c.,om� t f c., u ,ty: ev PurPose of Checklist Dept.of FCommunity Devel,pmnent Chapter 43.21C 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±yqu 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 plan to phase them over a period of time or on different parcels of land. If phasing is proposed, please provide that 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: 1 21 000 641-WAI )04C)P19rVrL S7ot_�4-0f[ 14,vl< S 7/4-4-4,97 1 uv A. Address or general location of site: ;�3YO � /-/,,y /o 2. Name, address, phone number, and e-mail address (if available) of applicant: don0ProPa_nArLQgmwQs.t1_,com )04 Q,0.4,v A A)04-70 k"JES7, _:,,/VC_ JA,) 6 1)A .116 Z, C'"Isy., 0-'� 1`1701:3 3. Name, address, phone number, and e-mail address (if available) of contact person if other than applicant: 00,VALJ0 0�/L,—IT- /04007 5W 4�trHLA CT, L-t1I1-TaovV1e_r_C-,()A 1120)0 -3 6 - q) VJ 4. Date checklist prepared: 2 - I'L - /-L- don(a)propanenorthwest Corn 5. Agency requesting checklist: CITY OF PORT ANGELES 6. Proposed timing or schedule (including phasing, if applicable): LJ(1 WILL JIVST,9(L 5_rQ1ttC9 'T ,9-1< I/A?/;'71t0t411;1Ly L))Oltv YO 00/E�o v-4-t. &eLo� C-r A. What is the long term objective of this proposal? lot- V&'L, B. How does this project relate to long-term plans? 17-1 tz. k'S&T-T-6_A_ 5 a-L V U r>T 0 1-&,4 12 S A/U.0 —1 I-V C-AA 15 S r, O(A n K I IS45& 1,-v pot_7 W/LL 14 1�_LO -T- k,f[ 6 C-1 11 W H IC (4 V/FL C--'+, —1 0 C W _t Af t ow(I t P-Z-I C�t Environmental Checklist Page 2 EVALUATION FOR AGENCY USE 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. VC) 8. List any environmenta I information you know about that has been prepared, or will be prepared, directly related to this proposal: IV K_ 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. A/0 10. List any government approvals or permits that will be needed for your proposal, if known. IVO�v 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.) 0 A )ZU0e> G,4L�Loo PIX_06�7--41 S—.u-r_,96f_ —1 /4—K 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street 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. y /0 1 '03 C PROJECT SPECIFIC ACTIONS: Complete this section if your proposal involves aproject 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 1 Earth General description of the site (circle' one): ,�Ia�rolling, hilly, steep slopes, mountainous, t' er Environmental Checklist EVALUATION FOR Page 3 AGENCY USE B. What is the steepest slope on the site (approximate percent slope)? C)q" 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. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. /VQ E. Describe the purpose, type, and approximate quantities of any Filling or grading proposed. Indicate source of fill: N 0'mj rt_ F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. /V0 G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 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. B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. P0 C. Proposed measures to reduce or control emissions or other impacts to air, if any: 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. ii.) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. 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: Environmental Checklist EVALUATION FOR Page 4 AGENCY USE iv.) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. /Vo v.) Does the proposal lie within a 1 00-year floodplain? If so, note location on the site plan. A)o 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. /Vo 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. A10'V!7Z- C. Water Runoff(including storm water): i.) 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. /t,:—, y /51 A L A- (9 LIS 6-V )-o-t VA it Oc-T, 4L-"4v,1. —ri�ts P,,LujXc-7— tA/,'L- -r#fL r i�.'l T- rM I,. Could waste materials enter ground or surface waters? If so, generally describe. /VO D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: /J,)/V 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 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 iEnvironmental Checklist EVALUATION FOR Page 5 AGENCY USE 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. AIL) 5. Animals A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other B. Threatened or endangered species known to be on or near the site. A/J'fl- C. Is the site part of a migration route? If so, explain. D. Proposed measures to preserve or enhance wildlife, if any. Alo 6. Energy and Natural Resources 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. pa /V fL B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. A/0 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. AJO v*X- 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. n, .1 c 0 09 r'".AA4jr1a r V. i) Describe special emergency services that might be required. -S*%) /Vi .-r% ii) Proposed measures to reduce or control environmental health hazards, if any. AQ­'fz- 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, construction, operation, other)? Indicate what hours noise would come from the site. /771 f-6,-M A-L Abi%e, F—o OaLtt-13Cy VAJF#lc,--4r k,1141L,_': F- , --t 4 c,q 7-4—r-, iii) Proposed measures to reduce or control noise impacts, i:f any: M,v Environmental Checklist EVALUATION FOR, Page 6 AGENCY USE 8. Land and Shoreline Use A. What is the current use of the site and adjacent properties? ACIWY J7AW0Ve,'r_.r_,4L 4-0 A-4-74-L B. Has the site been used for agriculture? If so, describe. Jq/0 C. Describe any structures on the site. - P,,L-ft 9V11.0,-V-1 V-f'C-104-f D. Will any structures be demolished? If so, what? E. What is the current zoning classification of the site? a Al F. What is the current Comprehensive Plan designation of the site? AA3 T /<,vo cu,1V G. What is the current Shoreline Master Program designation of the site? AJo 4A)tJ A) H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. /ua-r 9,vatRA, I. How many people would reside or work in the completed project? /, ;> / ,.,Tr.4 *7/-r rof�'r e_1 J. Approximately how many people would the completed project displace? PO s,-71, 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: IV4 9. Housing A. Approximately how many units would be provided, if any? --Indicate-whether-high,-middle-�--or-low-income-housing�-- AA)&-&- B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. 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? P13 5VJ C-.O,4- IL 5- - " '1--t ' 'C-"' (-;K<- /-5 /C/ "/-//6 H B. What views in the immediate vicinity would be altered or obstructed? A.)O`v %Environmental Checklist EVALUATION FOR 'Page 7 AGENCY USE C. Proposed measures to reduce or control aesthetic impacts, if any. A/0 11. Light and Glare A. What type of light or glare will the proposal produce? What time of day would it mainly occur? B. Could light or glare from the finished project be a safety hazard or interfere with views? AP C. What existing off-site sources of light or glare may affect your proposal? 4/a .,r, D. Proposed measures to reduce or control light and glare impacts, if any. 12. Recreation A. What designated and informal recreational opportunities are in the immediate vicinity? B. Would the proposed project displace any existing recreational uses? If so, describe. Al 0 C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. A/0 13. Historic and Cultural Preservation A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. ,n/"� 7- C. Proposed measures to reduce or control impacts, if any: Ald A, 14. Transportation A. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. 14W y /c / I,,) , V:5,--G 1S:Ft5:,T1,V6 0--r-t-JZ W B. Is site currently served by public transit? If not, what is the approxirnate distance to the nearest transit stop? IVD Environmental Checklist EVALUATION FOR Page 8 AGENCY USE" C. How many parking spaces would the completed project have? How many would the project eliminate? C 5 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). Al 40 A,-5L E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. /V C) F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. ;k G. Proposed measures to reduce or control transportation impacts, if any. A"J- 'V 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, A/0 B. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities A. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. B. Describe the utilities that are proposed for the project, the utility -----pr-o-vjding-the-ser-vice,-and-the-g-eneral-c-onstructo-n activities-on—the site or in the immediate vicinity which might be needed. Alo,,%� IV 1 4L o kD, 17. Economics A. If the proposal will result in expansion of an existing business, please describe the nature of the expansion: (e.g., additional land and/or buildings, new equipment, new employees). k , ,,&S"t"i 0Lt1Mj-rC , 1 01 L,-4 -s 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). 6y 70 AGUO C*-.g,, 6400CF, C. Describe if the proposal is the first of its type in the community, or what the similar uses are. T' -*4 fL 0-r HA-z- 5,;-,*,L 4-e-'Pr F4"C-L-r"T?er S /I,- 711115-r �Environmental Checklist EVALUATION FOR Page 9 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.) IUD IVIL- - 495!� CVL-64,'1-t,0- E. Where will the materials, goods or services utilized by the proposal come from? 1%A F I&-A-t t a-S I eV -4 4,1-I.C-a -4've c *k-t;f-Y A'ev—% . F Where will the goods or services produced by the proposal be utilized? G. Who will utilize the goods or services produced by the proposal? 4--0 Co --, ^�J it-I- C-I A L jo�tc/'l 0C-'V41rC- OeXA""Yll" ' H. Will the proposal alter the tax assessments of the area? /V 0 Environmental Checklist EVALUATION FOR ' Page 10 AGENCY Usf ENDANGERED SPECIES ACT (ESA) INFORMATION 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-Puqet Sound Chinook Salmon, Strait 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 13] 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.) 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 exr)lain) /Vo 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 Don't know 7. What percent of the project will be impervious surface (including pavement and roof area)? il,, ./('-- 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 EVALUATION FOR Page AGENCY USE 1. Does the project require the withdrawal of: Surface water? A/0 Name of surface water body Ground water? AA) Amount From where? Depth of well 2. Will any water be rerouted? A/o 3. Will there be retention ponds? AJ,3 If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water body? If a surface water discharge, name of waterbody. 4. Will new roads be required? A/Z) (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? A/0 6. Will topography changes affect the duration/direction of runoff flows? If yes, describe: &0 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? A10 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 A10 2. Will your project reduce or increase shade along or over a waterbody? 3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants (fertilizers, other waste discharges, or runoff) to the ---wat,erbo ? Ivo 4. Will turbidity be increased because of the project activities? A10 5. Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? A/0 D. VEGETATION 1. Will the project involve the removal of any vegetation from stream banks? Juo 2. If any vegetation is removed, do you plan to replant? Environmental Checklist EVALUATION FOR Page 12 AGENCY UA 0 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? Proposed measures to avoid or reduce such increases: 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? Proposed measures to conserve energy and natural resources: 4. How would the proposal be likely to use or affect environmentally -sensit[ve-areas-or-ueas--designated-(or-elig ible-or-under-sWdy-)JoT-governmental- protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or 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? Environmental Checklist EVALUATION FOR 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 declaration of nonsignificance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. SIGNED: a-:Oc� �<� PHONE: DL FnEC 13 2012 CITY OF PORT ANGELES ID�ept.of 7Community Development 'jIl ........... g"p"'t LY, 54 A" M fog" dwk .......... 41 S, tF," fAl lk� `K4 11 ar: Planning Commission Minutes January 9,2013 Page 2 CONDITIONAL USE PERMIT—CUP 12-08 PROPANE NORTHWEST,2358 Highway 101 West: Proposal to establish a propane tank distribution service in the Industrial Heavy zone. Chair Miller reviewed meeting procedures and qualified Commission members regarding Appearance of Fairness issues for quasi-judicial hearings. No concerns were noted. Associate Planner Scott Johns reviewed the Department's staff report recommending approval of the conditional use permit with conditions. Planner Johns responded to brief questions regarding process information contained in the application relative to lot size. It was noted that the lot size is not relative to the requested action, but staff will check and correct if the materials indicate an error. Commissioner Morris asked for brief elaboration of past use of the site by the applicant. Chair Miller opened the public hearing. Donald Hutt, P.O. Box 1162, Canby, Oregon represented the application on behalf of Propane Northwest and was in agreement with the analysis and recommendation of City staff. The reason for permanently locating in the area is to economize on trips to and from the home base of Kingston to better serve the many local customers that Propane Northwest has in this area. Mr. Hutt responded to brief questions from Commissioners regarding normal business activities including frequency of filling the main storage tank. There being no further testimony, Chair Miller closed the public hearing. Following brief discussion, Commissioner Reiss moved to approve the conditional use permit citing the following conditions,findings, and conclusions: Conditions: 1. The site shall be inspected and shall meet all Fire Department standards and development requirements prior to commencement of the activity. 2. The installation of additional propane tanks will require an amendment to the conditional use permit. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 12-08 dated January 9, 2013, 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: I. Propane Northwest submitted Conditional Use Permit application CUP 12-08 to permanently locate a 12,000 gallon propane storage tank at 23 5 8 Highway 10 1 West, Clallam County Parcel Number 063007340225, on December 13, 2012. 2. The site is zoned Industriai Heavy. Surrounding zoning is primarily Industrial Heavy. Some light agriculture and residential uses exist in the area. 3. Proposed site development includes installation of a 12,000 gallon propane tank with parking for a smaller two axle delivery vehicle and a 32,000 lb. gross vehicle weight two axle delivery truck. The location proposed for the tank is approximately 450' south of the Highway. The industrial site contains other uses that include Harbinger Winery, Planning Commission Minutes January 9,2013 Page 3 Adventures Through Kayaking, and B &D industries. The site contains a large frontage ingress/egress point to Highway 10 1 West. There is no other access to the site. 4. The site is located in the City's Southwest Planning Area. The Comprehensive Plan Land Use Map designates the site as Industrial. Adjacent sites are also designated Industrial. Development in the neighborhood includes agricultural use, single family residences, and a variety of industrial uses. 5. "Gas (illuminating and heating)manufacture or storage"is listed as a conditional use in the IH zone per PAMC 17.34.040(D). 6. Per 17.96.050 PAMC,the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. 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. 7. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy A.2, Goal D, Policy D.1, Goal H, Policy HA, and Policy H.5 and Transportation Element Policy B.14 & B.16, were found to be most relevant to the proposal. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. Reviewing City Department comments were considered in review of this application. No concerns were noted. Site development will be approved by the Fire Department. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on December 19, 2012, posted on the site on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No written comments were received during the public comment period that ended on January 2, 2013. 11. A Determination of Non-Significance was issued for this proposed action on January 3 2013. 12. The Planning Commission conducted a public hearing on the proposal at the January 9, 2013 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-08 January 9, 2013, 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: Planning Commission Minutes January 9,2013 Page 4 1. The conditional use permit was processed consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 2. The proposal is consistent with PAMC Chapter 17.34.040(D) (Zoning). 3. As conditioned the proposal will not be detrimental to the public interest and will provide a needed service to the public. 4. The use is consistent with surrounding industrial uses and is situated in a manner that does not pose a visual impact the neighboring uses or cause a parking concern. Commissioner Matthews seconded the motion,that passed 6—0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns noted that staff had once again met with Department of Ecology representatives to review the draft revised Shoreline Master Program. It is expected that additional revisions will be made per DOE directives with the document expected to be resubmitted within two weeks. None of the changes requested by DOE will change the intent or directives of the Program from what the Planning Commission and City Council preliminarily approved in May, 2012. The changes are more format and reference materials. Planner Roberds said that Commissioner Matthews' term of appointment is due to expire on February 28, 2013, and hoped that Commissioners could pass the word around such that interested individuals are available to.apply for that soon to be open position. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6:30 p.m. Sue Roberds, Secretary David Miller, Chair PREPARED BY: sroberds P RIT NGELES A�' WASHINGTON, U. S. A. MOWN DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, AICP Associate Planner DATE: January 9, 2013 RE: Conditional Use Permit- CUP 12-08 APPLICANT: Propane Northwest OWNER: Gary Bear, dba B and D Properties LLC LOCATION: 2358 Hwy 101 West REQUEST: Propane gas storage tank in the IH zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 12-08 with 2 conditions, citing 12 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subj ect property is located at 23 5 8 Hwy 10 1 West, and is 2.5 acres in size. Surrounding uses include agricultural and industrial uses. The site is zoned Industrial Heavy. The property is developed with three warehouse structures that house a variety of industrial and commercial uses with access from Hwy 10 1. The site is generally level and surfaced with asphalt and hard packed gravel but lacks landscaping. Some native vegetation exists along the south and east perimeter of the site. The application and site maps are attached as Attachment C. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Public Works and Utilities Department had no further comment from those previously provided for the temporary use of the site by the applicant regarding access to the site. These issues have been satisfactorily addressed. CUP 12-08 Propane Northwest* Page 2 January 9,2013 PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on December 19, 2012, the site was posted on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No comments were received from the public during the comment period that closed on January 2, 2013. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of Nonsignificance was issued for this proposed action by the City's SEPA Responsible Official on January 3, 2013, per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the proposal. The references listed in Attachment B were found to be the most relevant to the proposal. The City's Comprehensive Plan Land Use Map identifies the area as being located in the Southwest Planning Area. The site is designated Industrial. In addition to the Comprehensive Plan goals and policies, development regulations for the Industrial Heavy (IH) zone are also included in Attachment B to this staff report. The site is zoned Industrial Heavy. Gas manufacture and/or storage are allowed by conditional use permit in the IH zone per PAMC 17.34.040(D) and 14.21.030(A). No physical change to the site or exterior of any structure is being proposed, so no change in appearance or lot/site coverage is anticipated. The proposed storage tank was previously approved as a temporary use on April 9, 2009, (CUP 09-01, DNS 1237 issued on March 31, 2009). The tank was placed on the site and has since been removed as conditioned. The applicant now wishes to make the use permanent. No additional site alterations are required. Adequate vehicle maneuvering and parking area exist on the site for the intended industrial activity. 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 impacts on traffic patterns,the physical circumstances of the subject property, other uses in the neighborhood, and public improvements in the area are considered during the review process. The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 12-08 subject to 2 conditions supported by the 12 findings and 4 conclusions listed in Attachment A to this staff report: Attachments: A-Conditions,Findings,and Conclusions B-Comprehensive Plan,Zoning Ordinance,and Other Municipal Code References C—Application materials CUP 12-08 Propane Northwest* Page 3 January 9,2013 ATTACHMENT A CONDITIONS, FINDINGS,AND CONCLUSIONS IN SUPPORT OF CUP 12-08 Conditions: - 1 The site shall be inspected and shall meet all Fire Department standards and development requirements prior to commencement of the activity. 2. The installation of additional propane tanks will require an amendment to the conditional use permit. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 12-08 dated January 9, 2013, 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: I. Propane Northwest submitted Conditional Use Permit application CUP 12-08 to permanently locate a 12,000 gallon propane storage tank on the site at 23 5 8 Highway 10 1 West, Clallarn County Parcel Number 063007340225, on December 13, 2012. 2. The site is zoned Industrial Heavy. Surrounding zoning is primarily Industrial Heavy. Some light agriculture and residential uses exist in the area. 3. Proposed site development includes installation of a 12,000 gallon propane tank with parking for a smaller two axle delivery vehicle and a 32,000 lb. gross vehicle weight two axle delivery truck. The location proposed for the tank is approximately 450' south of the Highway. The industrial site contains other uses that include Harbinger Winery, Adventures Through Kayaking, and B & D industries. The site contains a large frontage ingress/egress point to Highway 10 1 West. There is no other access to the site. 4. The site is located in the City's Southwest Planning Area. The Comprehensive Plan Land Use Map designates the site as Industrial. Adjacent sites are also designated Industrial. Development in the neighborhood includes agricultural use, single family residences, and a variety of industrial uses. 5. "Gas (illuminating and heating)manufacture or storage" is listed as a conditional use in the IH zone per PAMC 17.34.040(D). 6. 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 tothe 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. 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. CUP 12-08 Propane Northwest* Page 4 January 9,2013 7. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy A.2, Goal D, Policy D.1, Goal H, Policy H.4, and Policy H.5 and Transportation Element Policy B.14 & B.16, were found to be most relevant to the proposal. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. Reviewing City Departmental comments were considered in the review of this application. No concerns were noted. Site development will be approved by the Fire Department. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on December 19, 2012, posted on the site on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No written comments were received during the public comment period that ended on January 2, 2013. 11. A Determination of Non-Significance was issued for this proposed action on January 3 2013. 12. The Planning Commission conducted a public hearing on the proposal at the January 9, 2013 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-08 January 9, 2013, 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. The conditional use permit was processed consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 2. The proposal is consistent with PAMC Chapter 17.34.040(D) (Zoning). 3. As conditioned the proposal will not be detrimental to the public interest and will provide a needed service to the public. 4. The use is consistent with surrounding industrial uses and is situated in a manner that does not pose a visual impact the neighboring uses or cause a parking concern. CUP 12-08 Propane Northwest* Page 5 January 9,2013 ATTACHMENT B Comprehensive Plan Goals, Policies,and Objectives in support Conditional Use Permit CUP 12-08 in the IH zone: 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 Southwest 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: The Comprehensive Plan Land Use Map designates the site as Industrial (1). 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.4- "Industrial activity should be located in three major areas: adjacent to the harbor, around the airport, and along Hwy 101 west ofBenson Road." Policy H.5— "Because they are hazardous to the community and detrimental to the general environment of the area petroleum refineries, liquefied natural gas and liquefiedpetroleum gas facilities, energyfacilities, energy plants and their associatedfacilities and associated transmission facilities, as defined in Chapter 80.50 RCW, should not be permitted outside the heavy industrial use area and without conditional use review. 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. 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." PANIC 17.34.040 Conditional Uses includes the following: Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). PAMC 14.21.030(A)Aboveground Storage of Flammable Liquids states: A. "The limits referred to in Section 7902.2.2.1 of The International Fire Code, in which storage offlammable or combustible liquids in outside aboveground tanks is prohibited are established in all residential zones, and in all other zones when the total capacity exceeds 24,000 gallons, but not in the IH zone where there is no limitations. CUP 12-08 Propane Northwest* Page 6 January 9,2013 B. "The limits referred to in Section 7904.4.1 of the International Fire code, in which new bulk plants forflammable or combustible liquids are prohibited, are established asfollows: In all zone classifications except thatpart of the IHzone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same". Conditional Use is defined as: "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone". 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 andpotential 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 applicationsfor Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant saidpermits 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 speefc 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. ...... ........ .. .............. ....... ... . ... ........ HWY io ki, 2318 Ai, 2358 Jr23.46 2414 2346 FD 23581 2358 i 7 .Ir 0 0 CITY OF PORT ANGELES NOTICE OF POSTING E :S� I JIM LIERLY, state that on the day of I posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Co on the property proposed for a land use action. LF HANT Subscribed to me this day of 2012. 'BD S /ZL -d I OP 1 C fo;4 I ofs NOTARY PUBL he State of U Washington, residing in Port Angeles _j Z z T/fomis/affidavitpostingjim CITY OF PORT ANGELES NOTICE OF MAILING F-E. L SUE ROBERDS, state that on the day of,&J� P 0 .2012, 1 mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. AFFIhNT Subscribed to me this PS�tay of 2012. FA NOb&Y PUBLIC for' the State of Notary Public Washington, residing in Port Angeles I State of Washington j SS' JANESSA M, HURD M my COM 1. c Y COMMISSION 5XPIRr=S M M y MAY 27, 2014 T/forms/affidavitmailing CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on December 13, 2012, the CITY OF PORT ANGELES received a conditional use permit application to allow a PROPANE DISTRIBUTION USE in the Industrial Heavy zone. The application was considered to be complete on December 14, 2012. The CITY OF PORT ANGELES PLANNING CONWISSION will conduct a public hearing on the matter on JANUARY 9, 2013. Interested parties are encouraged to comment on the proposal and to attend the public hearing that will be conducted at 6 PM, City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than janugg 2, 2013, to be included in the staff report on this matter. Verbal testimony may be provided during the public hearing. 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 APPLICANT: PROPANE NORTHWEST LOCATION: 23 5 0 Highway 10 1 West For further information contact: Sue Roberds, (360) 417-4750 PUB: 12/19/12 POST: 12/19/12 MAIL 12118/12 TANOT10ES\PCpub1ichearing.wpd Kurt Bruch Russell Bradow Will Smith 73 S. Jensen Road 2318 W. Highway 101 W. P.O. Box 907 Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Amelia Schultz Merrill and Ring William Bradow 1454 1 Ashworth Ave. N. P.O. Box 1058 357 Bishop Road Seattle, WA 98133 Port Angeles, WA 98362 Port Angeles, W 98362 Ken Simpson Pauline Cooper V� 2425 Highway 101 West 2411 Highway 101 W. L'D' '1-1 Port Angeles, WA 98362 Port Angeles, WA 98362 1 C)� �') C-1) Phil Sisson c/o James Sisson Evan Bradow 472 Hanson Road Port Angeles, WA 98362 Port Angeles, WA 98362 CLAWIFIED ADVERTKING PROOF/RECEIPT CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on December 13, 2012,the CITY OF PORT ANGELES received a conditional use permit application to allow a PRO- PANE DISTRIBUTION USE in the Industrial Heavy zone. The application was considered to be com- plete on December 14,2012. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on the matter on JANUARY 9, 2013. Interested parties are encouraged to com- ment on the proposal and to attend the public hear- ing that will be conducted at 6 PM,City Hall,321 East Fifth Street,Port Angeles,Washington. Writ- ten comment must be submitted no later than Janu- ary 2,2013,to be included in the staff report on this matter. Verbal testimony may be provided during the public hearing. Information may be reviewed at the City,Department of Community&Economic De- velopment,City Hall,P.O.Box 1150,Port Angeles. City Hall is accessible to persons with disabilities. I n t e r a s t a d p a r t i a s a r a invited to attend the meeting. APPLICANT: PROPANE NORTHWEST LOCATION: 2350 Highway 101 West For further information contact:Sue Roberds, _f(360)417-4750 -� q C�_. 3 24, uz MIR At E3 EN, 5:0, -- --------- Appl. /'z -'�)k A-PPLICANDOWNER INFORMATION: 147tTE 1,;Z---?-3-/;�-7 Applicant: Address: 0 4 �aqz s Daytimephone#: Appli6ant's repres6ntabve(if other than applicant): ()o rj,+L,.o M Address: /nqo7 5L�, /4,tr---k v n- Daytimephone#: Property owner(if other than applicant): Address: /4-wy Ir--5t 4,&gcz; Daytimephone#: 3�(,o- y6o PROPERTY INFORMATION: Streetaddress' a IAJ Legal description: Zoning: I M Comprehensive Plan designation: Property dimensions: jt Property area(total square feet): Physical characteristics(i.e.,flat sloped,vacant,developed,etc.): PROPOSED USE INFORMATION: Please describe the proposed conditional use: 1,,,,5-,-,o t-L 4 ot= 4 I 1�1-50 'Q'q, V- o C-)C'> f k� L) W -0, Orl-L, vA't ve- T 54—L 1�� Lot, am, Number of employees: Z_ Hours of operation: Number of on-site parldng spaces: Building area (total square feet of floor area for the proposed activity): SIGNATURES: Applicant: Icerti ,fy that all ofthe above statements are true and complete to the best ofiny knowledge and acknowledge that wi�&l misrepresentation of information will terminate thispermit application. I have read this application in its entirety and understand that my submittal will be reviewedfor completeness. Iffound to be complete the application will be scheduledfor the next available Planning Commission meeting. Ifnotcomplete,when requested information has been received the a I m e pplication will be scheduledfor the next availab, e e ting. Signature Date Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date /2--1-3- J 2- For Staff Use Only: Permit No. Appl. complete Add. Info requested -2�358. . . 2358 .2358 . 0 L) (o 4 i-L. LL dt,;pett-ry LAv C,- S 4 e k- 0 r,-,olocpz.44 TA 55,cv�c-6,3 /Pt�T4 )S