HomeMy WebLinkAbout2917 W. Edgewood Drive 2917 W Edgewood Drive CUP 11-04
i`
i _ 0
i )R)T! NGELES
P A
WASH INGTON, U. S. A.
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
TO: Planning Commission
FROM: Sue Roberds, Planning Manager
DATE: December 14, 2011
RE: Conditional Use Permit—CUP I 1-03) —Lower Elwha Rd/Edgewood Drive
Conditional Use Permit—CUP 11-04—Dry Creek Rd/Edgewood Drive
APPLICANT: Lower Elwha Klallam Tribe
OWNER: A2Z Enterprises
LOCATION: 2917 West Edgewood Drive
REQUEST: Placement of off-site directional signage in the Industrial Heavy zone
PROPOSAL: The Lower Elwha Klallam Tribe (LEKT) and Elwha River Casino have
requested to place two (2) off-site directional signs on property owned by A2Z Enterprises at
2917 Edgewood Drive.
RECOMMENDATION: Following the public hearing, staff recommends the Planning
Commission approve the conditional use permits with three (3) conditions as listed in
Attachment "A" to this staff report.
EXISTING CONDITIONS IN AREA:
The approximately 80 acre site is located at the City's most southwest corner. The site is
immediately bounded by Lower Elwha Road on the west, Edgewood Drive on the south, Port of
Port Angeles Airport property on the north and northeast, and private industrial development to
the east. Surrounding areas are developed for Airport uses to the north and northeast, small
individual industrial uses on scattered lots exist to the east and north, and residential uses on
large acreages are located south and west of the site. Site access is currently developed from
Edgewood Drive. Although the site has historically been used for agricultural purposes, the site
was zoned Industrial Heavy during annexation in 1985. No structures exist on the site.
DEPARTMENT COMMENTS:
City Departments reviewed the proposal and provided the following comments:
Conditional Use Permits CUP 11-03 and 04
December 14, 2011
Page 2
The Public Works and Utilities Department reviewed the application but had no
comment.
The Building Division of DCED will require a building permit for construction of the
signs.
PUBLIC COMMENT:
The sites were posted and notice sent to surrounding property owners within 300 feet of the site
by U.S. Mail on November 17, 2011. Public notice was provided in the Peninsula Daily News
on November 20, 2011. Written comment was to have been submitted no later than December 5,
2012. No written comments were received as a result of the public notification process.
ANALYSIS:
The site is zoned Industrial Heavy (IH) and is located at the City's furthest southwest comer
boundary. The site consists of an undeveloped property that has historically been used for
agriculture purposes but was approved for recreational use through an Unclassified Use Permit in
March, 2011. Dry Creek traverses the property south to north along the east property boundary.
Wetlands exist on the site. Site dimensions are approximately 2500 feet in width (east/west
along Edgewood Drive) and 1390 feet in depth (north/south along Lower Elwha Road). The site
does not contain any structures or signage for on site activities. The proponents are requesting
two off site directional free standing signs directing travelers to the Lower Elwha River Casino
which is not found on a major thoroughfare.
The proposal is to allow two (2) off site directional signs along the property's south boundary,
which measures 2500+ lineal feet east/west. One sign is proposed at the intersection of
Edgewood Drive with Dry Creek Road; the second sign is proposed to replace an existing sign at
the southwest perimeter boundary of the City adjacent to Lower Elwha Road. Each sign will be
less than 100 square feet in area, will be indirectly lit between dusk and dawn, with the
separation between signs at approximately 2500 lineal feet. Signs will not be lit during daylight
hours.
Section 14.36.070(H)(4) PAMC (Sign Ordinance) allows one free standing off premise
advertising sign in the Industrial Heavy zone containing a commercial message unrelated to any
use or activity of the property on which the sign is located not to exceed 300 square feet in total
sign area on a site that does not contain any sign for businesses located on said site subject to
conditional use permit approval. Such signs must be at least 1000 feet apart. Section
17.34.040(G) (Industrial Heavy Zone) of the Port Angeles Municipal Code (PAMC) allows "off
site advertising signage" but does not specify the number of such signs only that they be
approved by conditional use permit. Given the regulations regarding signs contained in the Port
Angeles Municipal Code (Sections 14.36.070 and 17.34.040) the proposal can best be reviewed
under the provisions of Section 17.3)4.040(L) PAMC "other uses compatible with the intent of
this Chapter" by conditional use permit. A conditional use permit is defined in Section
17.08.020(H) 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 total area of the two signs would not exceed the maximum area permitted in the Sign
Ordinance for a single off site free standing sign in the Industrial Heavy zone under Section
14.36.070(H)(4). The signs would be separated by a distance of more than 1000 feet at 2500
Conditional Use Permits CUP 11-03 and 04
December 14 20 11
Page 3
lineal feet and will not be visible from each other or any one location. By conditional use permit,
placement and use may be conditioned such that neighboring properties are not negatively
impacted by the use. The signs will direct travelers to the remote location in a low impact
manner that is in the best interest of other industrial and residential uses in the area and zone.
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW:
A Determination of NonSignificance was issued for this proposed action on December 5,
2011 per WAC 197-11-3)5 5. This satisfies the City's responsibility under the State
Environmental Policy Act (SEPA).
Attachments: A -Conditions, Findings, and Conclusions
B -Application
C-Zoning Ordinance, Comprehensive Plan, and Other Municipal Code
Conditional Use Permits CUP 11-03 and 04
December 14,2011
Page 4
ATTACHMENT"A"
RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF
CONDITIONAL USE PERMITS CUP 11-03 and CUP 11-04 LOWER ELWHA KLALLAM
TRIBE AND ELWHA RIVER CASINO
Conditions:
I Conditional Use Permits CUP 11-03 and CUP 11-04 are issued to the Lower Elwha
Klallam Tribe and Elwha River Casino for the installation of two (2) off site directional
signs as shown in application materials presented to the City of Port Angeles on
November 14, 2011. Signs shall be constructed as is presented in the application
materials and neither sign shall be larger than is shown in the application materials (10' x
10'). Subdued directional lighting may be used between dusk and dawn. Internal and/or
backlighting is not permitted nor is signage that chases, blinks, flashes, etc.
2. The signs must provide direction to an ongoing use. If the use ceases, the sign(s) shall be
immediately removed. Signage must be directional in nature and shall not contain event
advertising.
3. Signs shall be placed entirely on private property as is described in the application
materials and shall not interfere with ingress/egress to said private property.
Findinas:
I. Two conditional use permit applications (CUP 11-03 and 11-04) were submitted to the
City of Port Angeles by the Lower Elwha Klallam Tribe (LEKT) and Elwha River Casino
representatives on November 14, 2011 to place two (2) off site directional signs on
property zoned Industrial Heavy (11-1) at 2917 Edgewood Drive. The signs are intended
to provide direction to the Lower Elwha River Casino.
2. Conditional Use Permit CUP 11-03 supports an off site sign at the northeast comer of
Lower Elwha Road and Edgewood Drive while CUP 11-04 supports an off-site sign on
the north side of the street at the intersection of Dry Creek Road and Edgewood Drive.
3. The subject property is owned by A2Z Enterprises. A2Z Enterprises representative Dan
Morrison signed the application acknowledging the submittal.
4. The site is located at the southwest City limits in the Southwest Planning Area of the
City. Properties within the City limits in the area include the Port Angeles International
Airport and small industrial complex buildings north and northeast of the site.
Residential uses south and west of the site are located in the County. A residence exists
immediately adjacent to the site (east) that is owned by a business partner of the subject
property owner. Properties in the area are suburban in use and design and are much
larger than standard City lots.
5. The subject property is approximately 80 acres in area with dimensions of approximately
2500+ lineal feet(east/west) x 1390 lineal feet(north/south). Minimum lot area in the IH
zone is 7,000 square feet in area. Proposed sign placement is at each end of the property
length along Edgewood Drive.
6. Section 17.34.010 Port Angeles Municipal Code (PAMC) Purpose reads " This is the
least restrictive industrial zone intended to be the area that heavy industry could develop
causing the least impact on other land uses. Significant adverse impacts can be expected
Conditional Use Permits CUP 11-03 and 04
December 14,2011
Page 5
fi-om permitted industrial uses that involve hazardous materials, noise, air and water
pollution, sh�ft work around the clock, entertainment businesses with adull-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
transporlalion./a.cililies, design standards./br greater truck Ir ff c, nd b f rs.for non
a 11,fL
industrial uses unless deemed impractical. "
7. Section 14.36.070(4) PANIC states "One of
,f-premise sign containing a commercial
message unrelated to any use or activily qf'lhe property on which the sign is located,
including billboards and other outdoor advertising signs not exceeding three hundred
(300) squarefeet in total sign area and thirty-
five (35)fiet in height, may be permitted on
any site that does not contain any signfor businesses located on said site, subject to
approval of a conditional use permit. No billboard or other Qff-premise outdoor
advertising sign shall be located within 1,000feet of another s itch sign that is on the
same side of the street. "
8. Section 173)4.040 PANIC outlines conditional uses that may be considered in the
Industrial Heavy zone. Subsection "G" allows "Off*premise outdoor advertising signs"
while Subsection "L" allows "Other uses compatible with the intent of this Chapter" by
conditional use permit.
9. Section 17.96.050 (A) PANIC Conditional Use Permit reads "The Planning Commission
shall consider applications fior Conditional Use Permits Qf'uses as specffied in the
applicable Chapter of the Zoning Regulations. The Planning Commission may grant said
permits that 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 rqfuse to issue a Conditional Use Permit it'
the characteristics qf the intended use as related to the spec�fic proposed site are such as
would de,
.feal the purpose qf'these Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions.
17.96.050(B) PAMC reads "In each application the Planning Commission may impose
whatever restrictions or conditions they consider essential to protect the public health,
safety, and we�fare, and to prevent depreciation of neighboring property. "
17.96.050(C) PANIC reads "The purpose of a Conditional Use Permit shall be to assure
that the maximum degree of compatibility between uses shall be attained The purpose of
these regulations shall be maintained with respect to the particular use (?f the particular
site and in consideration of other existing andpotential uses within the general area in
which such use is to be located "
10. The proposal will allow an increase in the number of off site free standing advertising
signs on a site from one to two signs while decreasing the permitted sign area from 300
square feet per sign to 100 square feet per sign for each sign for a total of 200 square feet
of sign area. The signs will be 10 feet x 10 feet in area. The maximum height of a free
standing sign in the Industrial Heavy zone could be 35 feet. The number of signs is
restricted by placement distance in the Industrial Heavy zone but is restricted to one sign
through the Sign Ordinance.
Conditional Use Permits CUP 11-03 and 04
December 14,2011
Page 6
11. Application materials indicate that the two directional signs will be indirectly lit and will
contain directional information to the Lower Elwha River Casino.
12. The Lower Elwha River Casino is not located in the City limits, but is located on Tribal
land. A directional sign to the Lower Elwha Klallarn Reservation has existed at the
southwest corner of the City limits, on the subject property for many years. With
construction of the Lower Elwha River Casino, it is desired to be able to direct travelers
from Highway 10 1 or from within the City to the Casino location with some success such
that travelers do not wander throughout residential areas without direction. The eastern
proposed location is at the terminus of Dry Creek Road with Edgewood Drive to direct
travel from Highway 10 1, a major travel corridor. The western proposed location will
legally acknowledge a long standing nonconforming sign use at that location. Two signs
are needed due to the half mile distance between Dry Creek Road and Lower Elwha
Road. The signs cannot be viewed from one another.
13. Public notification of pending conditional use permit applications is required per Section
17.96.070 PAMC. The site was posted and notice sent to surrounding property owners
within 300 feet of the site by U.S. Mail on November 17, 2011. Public notice was
provided in the Peninsula Daily News on November 20, 2011. No written comment has
been received as a result of the public notification process.
14. The applications were reviewed with respect to the Goals, Policies, and Objectives of the
City's Comprehensive Plan and Land Use Map. The site is designated as Industrial on
the Comprehensive Plan Land Use Map. Goals and policies specific to directional
signage are not addressed in the Comprehensive Plan. However, the entire
Comprehensive Plan was reviewed with regard to the proposal. The Goals and Policies
found in Attachment "C" to this staff report were found to be relevant to the proposal.
Conclusions:
A. The application was processed according to Section 17.96 PANIC for conditional use
permits. As conditioned, the proposal is in compliance with Section 17.3)4.040(G)
PAMC that allows off premise advertising signs in the Industrial Heavy zone by
conditional use permit. Approval is in compliance with Title 17 (Zoning) PAMC.
B. The conditional use permit provides clarity between the standards of the City's Sign
Ordinance (Section 14.36 PAMC) and sign provisions of the Industrial Heavy zone
(Section 17.34 PAMC) while ensuring the maximum degree of compatibility between
uses and meeting the purpose of the Industrial Heavy zone Chapter of the Zoning
Ordinance.
C. Sign placement at each end of the one half mile length of frontage, the reduced total area
of each sign, and restrictions on lighting ensure that the traveling public will be directed
to the remote off site Casino location with little impact to the neighborhood in general.
Sign placement provides for the public interest, welfare, and safety and does not
introduce incompatible, detrimental, or hazardous conditions to the general area.
Conditional Use Permits CUP 1]-03 and 04
December 14,2011
Page 7
ATTACHMENT C
COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES
Comprehensive Plan
The City's Comprehensive Plan establishes the long range goals and policies of the City. Any
project proposed in the City inust 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 tile proposed applications. Staff did not find specific goals, policies, or objectives relative to the
placement of signage. The following goal is relative to industrial site development.
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"
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 MininlUrn design standards for SLIC11 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). Tile purpose and intent of this zone is: "This is the least restrictive industrial zone
intended to be the area in which heavy industry could develo causing the least impact on other
land uses. Sign�ficant adverse impacts can be ex ectedftom permitted industrial uses that
involve hazardous materials, noise, air and walerpollution, sh�fl 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 mqjor Iransportation,facilities, design standards.for greater truck trqf
fic, and
buffers,for nonindustrial uses unless deemed impractical".
Planning Commission Minutes
December 14,2011
Page 6
CONDITIONAL USE PERMITS CUP 11-03 AND 11-04 LOWER ELWHA
KLALLAM TRIBE—2917 Edgewood Drive: Request to allow(2) free
standing off site directional signs in the IH Industrial Heavy zone.
Planning Manager Sue Roberds stated that two conditional use permits were submitted for two
off site directional free standing signs on a property zoned Industrial Heavy. The applications
were submitted by the Lower Elwha Klallam Tribe (LEKT) for property owned by A2Z
Enterprises. The applications are essentially exactly the same, e.g., size, informational content,
design, with the exception of where they are placed on the site and one sign is single sided.
Conditional Use Permit CUP 11-03 is for a double sided sign at the northeast comer of Lower
Elwha Road and Edgewood Drive that will replace a very outdated minimally done wooden sign
that has existed at that location for many years. Conditional Use Permit CUP 11-04 is a new
sign to be located at the intersection of Dry Creek Road and Edgewood Drive to direct travelers
to the Lower Elwha Road location. At this time, the applicants, with knowledge of the property
owner, would like to proceed only with application CUP 11-04 to allow time fo-r further
negotiation with the property owner as to the property owner's signage needs. Planner Roberds
asked that the public hearing for Conditional Use Permit CUP 11-04 be continued to January 11,
2012.
Chair Reiss opened the public hearing.
Carol Brown, Lower Elwha Klallant Tribe, 2861 Lower Elwha Road stated that staff had
done a thorough j ob describing the proposed use and asked that Conditional Use Permit CUP 11-
03 be approved and that CUP 11-04 be continued to allow further negotiation with the property
owner. She noted that the free standing proposed under CUP 11-03 is much more aesthetically
pleasing than the existing sign. The sign area on the 100 sq.ft. structure is 24.6 sq. ft.
Jackson Smart, 472 Mt. Pleasant Road stated that the sign area contains directional
information to the Lower Elwha River Casino but does not contain changeable advertising
information of a commercial nature.
There being no further testimony, Chair Reiss closed the public hearing.
Commissioner Matthews moved to continue Conditional Use Permit CUP 11-04 to January
11,2012. Commissioner Anderson seconded the motion which passed 5—0.
ELWHA RIVER
CASINO
LWHA RIVER
3 Miles
-,CASINO
ra
JL.
14.36.070
E. Signs in the Commercial Office (CO)Zone. Signs in the CO zone shall comply with
the requirements of this Subsection. Signs maybe lighted,but not intermittent or flashing type,and
shall not exceed fifty(50)square feet in total sign area,provided,however, if the site area is 14,000
square feet or more,then signs shall not exceed one hundred(100) square feet in total sign area. No
more than fifty (50) square feet of lighted sign area may face residential property in a residential
zone located directly across a street. All freestanding signs shall not exceed five (5) feet in height.
BUilding-mounted signs shall not exceed 20 feet in height. Off-premise signs, including billboards,
shall be prohibited within the Commercial Office Zone.
F. Sims in the Industrial Park OP) Zone. Signs in the IP zone shall comply with the
requirements of this Subsection.
I. One building-mounted sign, not to exceed one (1) square foot for each one
(1) horizontal lineal foot of the building wall or three hundred(300) square feet, whichever is less,
shall be permitted for each building elevation facing a public or private street.
2. One freestanding sign, not to exceed thirty-five (35) square feet in area and
fifteen (15) feet in height, shall be permitted for each business site.
3. Public and private directional, traffic, and warning attached and detached
signs shall not exceed six (6) square feet in area.
4. Signs may be lighted, but not intermittent or flashing.
5. Off-prernise signs, including billboards, shall be prohibited within the
Industrial Park Zone.
G. Signs in the Industrial Li2ht (IL)Zone. Signs in the IL zone shall comply with the
requirernents of this Subsection.
I. One building-MOUnted sign, not to exceed one (1) square foot for each one
(1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less,
shall be permitted for each building elevation facing a public or private street.
2. One freestanding sign, not to exceed thirty-five (35) square feet in area and
fifteen (15) feet in height, shall be permitted for each business site.
3. Public and private directional, traffic, and warning attached and detached
signs shall not exceed six (6) square feet in area.
4 Signs may be lighted, but not intermittent or flashing.
5. One off-prernise sign containing a cornmercial message unrelated to any use
or activity of the property on which the sign is located, including billboards and other outdoor
advertising signs not exceeding three hundred(300)square feet in total sign area and thirty-five(35)
feet in height, may be permitted on any site that does not contain any sign for businesses located on
said site, subject to approval of a conditional use permit. No billboard or other off-premise outdoor
advertising sign shall be located within 1,000 feet of another such sign that is on the sarne side of
the street.
H. Signs in the Industrial Heavy (IH)Zone. Signs in the IH zone shall comply with the
requirements of this Subsection.
I. One�building-mounted sign, not to exceed one (1) square foot for each one
(1) horizontal fineal footpf the building wall or four hundred (400) square feet, whichever is less,
shall be permitted for each building elevation facing a public or private street.
r
2. Onefreestanding sign, not to exceed one hundred (100) square feet�in area
and,thirty-five (35) feet in height, 5'hall be permitted for each business site.
3. Signs may be lighted, but not intermittent or flashing.
4. -,bne off-p-remise sign' containing a commercial message.enrel-ated'to any use
,oi� activity'of the pro *erty-on which the sign is located, including billboards and oth6r-outdoor
p 1
advertising signs hot exceeding three hundred(300)square feeCm total sign area a'nd thirty-five(35)
feet in height,fnay be permitted on any site that does not contain any sign for businesses located on
said site�.subjec'tto approval of a conditional use permit. No billboard or other off-premise outdoor
'advertising sign shall be located within 1,000 feet of another such sign that is on the same side of
the street.
1/2011 14 - 42
///b�///
Appl- #f,/
- . --,o_3
APPLICANT/OWNER INFORMATION:
Applicant: Lower Elwha Klallam Tribe/Elwha River Casino
Address: 2851 Lower Elwha Road, Port Angeles, WA 98363 Daytimephone#: 360.452.8471*135
Applicant's representative (if other than applicant): Carol Brown
Address: 2851 Lower Elwha Road , Port AnIzeles, WA 98363 Daytimephone#: 360.452.8471*135
Property owner(if other than applicant): A2 Z Enterprises
Address: 408 East Scribner, Port Angeles, WA 98362 Daytime phone#: 360.460.0776
PROPERTY INFORMATION:
Street address: 2917 West Edgewood Drive, Port Angels, WA 98363
Legal description: N 1/2, NW IASection 12 Township 30 North,Ranae 7 West, W.M.
6 Zoning: IH Comprehensive Plan designation:
Property dimensions: Est 2550 ft X 1390 ft Property area(total square feet):3,544A,450 sq. ft. =80 acres
Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): Parcel used for Extreme Sports Park, 75%
flat cleared with "Wicked Racing" speed boat track; 25% flat forested.
PROPOSED USE INFORMATI[ON:
Please describe the proposed conditional use:
Wstall one directional siWn north of the intersection of South Dj:)� Creek Road with West
Edgewood Drive.
Number of employees: 0 Hours of operation: 24 hours per day/ lighted dusk to dawn.
Number of on-site parking spaces: 0
Building area (total square feet of floor area for the proposed activity): 0.
C�
SIGNATURES:
Applicant:
I certi�that all qf the above statements are true and complete to the best ql'tny knowledge and ackno"i4edge
that wil4fitl misrepresentation of'information will terminate this permit application. I have read this application in
its entirety and understand that my submittal will be reviewed.1br completeness. If found to be complete the
application will be scheduledfor the next available Planning Commission meeting. ff not complete, when requested
iqformation has been received the application will be scheditledfbr the next available meeting.
Signature Carol Brown Date November 14, 2011
Community Development,
Lower Elwha Klallam Tribe
.11 AA 41-1412d
tproperty identified herein and-oppr~of this application.
Signature Dan Morrison Date Novembet- 14, 2011
A2Z Enterprises
For Staff Use Only:
Permit No.
Appl. complete
Add. Info requested
Imam, 17 x T 4 sq ft STMIUM, 19 x 102 IOD Sq a
Sign Fam. 6Y x 5f=,U.5 sq I Sign Fam: U A W 2 23.6 Sq ft
Corner Edgewood Drive & Lower Elwha Road Comer Edgewood Drive&Dry Creek Road
Doubf-e-sided single-sided
14
Shcue: 17 x 12'z 144 sq ft SoLcue: 10'x I(Y= 1ce sc ft
Skfl Face: U x 54%X.; sq R. Sign Fze- 63'x 54'z 23.6 sq ft
--.:)rner Edgewood Drive & Lower Elwha Road Comer Edgewood Drive &Dry Creek Road
Double-sided single-sided