HomeMy WebLinkAbout484 Eclipse Industrial Park 484 Eclipse Industrial Park CUP 09-04
NGELES FILE
P TA
W A S H I N GTO N, U. S. A.
D EPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
TO: Planning Commission
FROM: Roberta Korcz, Assistant Planner
DATE: August 26, 2009
RE: Conditional Use Permit- CUP 09-04
APPLICANT: Associated Petroleum Products Inc.
OWNER: Red Anderson
LOCATION: 484 Eclipse Industrial Parkway
REQUEST: Propane storage tank for commercial and industrial uses in IH zone.
RECOMMENDATION: The Planning Division recommends that the Planning
Commission approve CUP 09-04 with 1 condition, citing 8 findings and 3 conclusions in
support of that action as listed in Attachment A.
EXISTING CONDITIONS IN AREA:
The subject property is located at 484 Eclipse Industrial Parkway with its sole access
from Highway 101 via Eclipse Industrial Parkway.. The site is 21,780 square feet in size which
equals a total site area of.5 acres. The property is level, with no structures, and surfaced with
either asphalt or gravel. The site contains no environmentally sensitive areas. The application
and site maps are attached as Attachment B.
Development in the area is generally industrial. Zoning in the area is Industrial Heavy
within the City limits and Clallarn County Rural and Commercial Forest to the south and west.
DEPARTMENT COMMENTS:
City Departments reviewed the proposal and provided the following comments:
The Fire Department:
1. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
2. Any electrical equipment at the site niust meet the requirement for classified areas
as specifilied in the latest edition oi'the N@'L--1(.,,,ia1 Electrical Code.
3. The tank and filliag facilities must be protected by a fence that is at least 6 feet
The fence must lim-c. two gyates that are open when ai-i one i,l inside.
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4. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
5. Weeds, long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
6. A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
7. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
The Public Works and Utilities Department had no comments
The Buildinp,Division of DCD commented that a building permit is not required.
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW:
A deterrnination of non significance (DNS)was issued for the proposal per WAC 197-
11-3 5 5 on August 20,2009.
PUBLIC COMMENT:
Notification of the proposed action was placed in the Peninsula Daily News on July 30,
2009,posted on the subject property on July 28, 2009, and mailed to property owners within 300
feet of the subject property on July 27, 2009. The written public comment period ran until
August 14, 2009. No written comments were received.
DEPARTMENT OF COMMUNITY and ECONOMIC DEVELOPMENT ANALYSIS:
The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with
regard to the proposal. In addition to the Comprehensive Plan goals and policies, development
regulations in the Industrial Heavy zone are also included in Attachment C to this staff report.
The site is zoned Industrial Heavy(111). The storage of gas for illuminating and heating
purposes is allowed by conditional use permit in the IH zone,per PAMC 17.34.040(D). No
minimum lot size requirement is listed as a condition of approval. The plan proposes leasing 1/2
acre on the west edge of parcel B I of the parent parcel for a propane storage tank. Following
project construction, less than 5% of the site will be covered with impervious surfaces.
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. Two other bulk propane storage tanks exist on adjacent properties
located within the same zone.
Attachments: A - Conditions, Findings, and Conclusions
B - Application inaterials
C - Zoning Ordinance, Coniprehensive Plan, and Other Municipal Code
References
CUP 09-04 Associated Petroleum Products Inc. Page 3
August 26,2009
ATTACHMENT A
RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS
The Planning Division recommends the Planning Commission approve Conditional Use
Permit CUP 09-04 subject to I condition and based on the following 8 findings and 3
conclusions in support of the action:
Conditions:
1. The applicant shall meet all of the Fire Department conditions prior to gaining final
approval of the use at the site.
Findings:
Based on the information provided in the Community Development Staff Report for CUP
09-04 dated August 12, 2009, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed conditions of approval, the City of Port Angeles Planning
Commission hereby finds that:
I. Associated Petroleum Products.Inc. submitted Conditional Use Permit application CUP
09-04 on July 21, 2009 to locate a 30,000 gallon propane storage tank on the site at 484
Eclipse Industrial Parkway,parcel number 063018140075.
2. The site is located within the Eclipse Industrial Park and is zoned Industrial Heavy. All
uses in the industrial park are industrial including Port Angeles Hardwood, 3 wrecking
yards, Green Creek Wood Products, Evergreen Fiber, and Lakeside Paving.
3. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent and
compatible with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as-related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations. 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.
4. The Comprehensive Plan designates the site as Industrial. Adjacent property in County is
zoned Rural and Commercial Forest. The City's Comprehensive Plan was reviewed for
consistency with the proposal. Land Use Element Industrial Goal I-T,Policy HA, and Policy
H.5 were found to be most relevant to the proposal.
5. Reviewing City Departmental coniments were considered in the review of this
application. Tli.el?orf j�ngeles FireDepartment will requirethat:
CUP 09-04 Associated Petroleum Products Inc. Page 4
August 26,2009
a. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
b. Any electrical equipment at the site must meet the requirement for classified areas
as specified in the latest edition of the National Electrical Code.
c. The tank and filling facilities must be protected by a fence that is at least 6 feet
high. The fence must have two gates that are open when anyone is inside.
d. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
e. Weeds,long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
g. A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
h. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
6. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 30, 2009. Public notice was mailed to property owners
within 300 feet of the subject property on July 28, 2009. Notice of the proposal was
posted on the site on July 28, 2009. No written comments were received during written
comment period that ended on August 14, 2009.
7. A determination of non significance (DNS)was issued for the proposal per WAC 197-
11-3 5 5 on August 20, 2009.
8. The Planning Commission conducted a public hearing on the proposal.at the August 26,
2009,regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Report for CUP 09-04 dated August 12, 2009, including all of the information in the public
record file, comments, and testimony presented during the public hearing, the Planning
Commission's discussion and deliberation, and the above listed conditions of approval and listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
I. The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050, of the Port Angeles Municipal Code.
2. The permit will enable Associated Petroleum Products to operate a propane facility from
an industrial location to provide a needed service to the Port Angeles area citizens, and is
therefore in public interest.
3. As conditioned,placement of the tank and development of the use on the site will be per
Port Angeles Fire Department requirements to address public safcty concerns.
CUP 09-04 Associated Petroleum Products lnc. Page 5
August 26,2009
ATTACHMENT C
COMPREHENSIVE PLAN GOALS,POLICIES, AND OBJECTIVES OF CUP 09-04:
Comprehensive Plan
The City's Comprehensive Plan establishes the long range goals and policies of the City. Any
project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan.
The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to
the proposed application and several goals and policies were found to be relevant to the proposal. An
analysis of compliance with those policies is as follows:
The Comprehensive Plan Land Use Map designates the site as Industrial(I).
Land Use Element Industrial Goal H.- "To provide opportunitiesfor 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 H"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 liquefied petroleum gasfacilities,
energyfacilities, energyplants 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 pen-nitted and where they may be located in the City. It also
establishes definitions and minimum design standards for such uses. Any project proposed in the City
must be consistent with specific regulations of the zone in which it is located.
The Zoning Map identifies the subject property and adjacent properties as Industrial Heavy(IH).
The purpose and intent of this zone is: "This is the least restrictive industrial zone intended to be the area
in which hea�y industry could develop causing the least impact on other land uses. Significant adverse
impacts can be expectedfrom 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 standardsfor
greater truck traffic, and buffersfor nonindustrial uses unless deemed impractical."
The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to
assure that the maximuin degree ofcompatibility between uses shall be attained. The purpose of these
regulationsshall be maintained with respect to the particular use of the particular sile and in
consideration of other existing andpotential uses within the general areainwhichswch use is to be
located."
PAMC 17.96.050 specifies procedures for the review and I)i-ocessing of conditional use
applic a It ions, as follows:
CUP 09-04 Associated Petroleum Products Inc. Page 6
August 26,2009
17.96 050 Conditional Use Permit
A. The Planning Commission shall considerCUP 09-04 staff report applicationsfor
Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission may grant said permits which are consistent and compatible with the purpose of
the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the
public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the
characteristics of the intended use as related to the specific proposed site are such as would defeat the
purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions.
B. In each application, the Planning Commission may impose whatever restrictions or
conditions they consider essential to protect the public health, safety, and welfare, and to prevent
depreciation ofneighboring property.
APPI.
APPLICANDOWNER INFORMATION:
Applicant: t�50CIJ-TILD -PETP-QLF-U�/Ll '�'kODJCJS 11%)C--
Address: 232,:�, Vv'1C-L-VAJk1-EF �9401 Daytimephone#: 6-?4
Applicant's representative(if other than applicant):
Address: Dayti-inephonc#:
Propeity owner(if other than applicant): r'tt�
Adch-ess: 41�0 FcL-t�ca PA 4!�4 Daytimephone#: 4 1-7
PROPERTY INFORMATION:
Streetaddress: 4-2A EC.L [ P�E
Legal description:
Zonm' g: jjvDv$T. Comprehensive Plan designation:
Property dimensions: D Property area(total square feet): 1 7 50
Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.):
PROPOSED USE INFORMATION:
Please describe the proposed conditional use: I Q-C) /N,-) 5 7-b Ar C� (�-j T-
Ov-0 5 7-7 4 C-0-u—vl-k 4 put� 05 ( Lj re-1 17"
T'T-- A-yLJ,,T C, T- C��- 4�2— L'7z F4kpl"�')
T atv-�-&-,eLL- AE,4 sSeuk,
EX I.T&=
Number of employees: Hours of operation:
Number of on-site parldng spaces:
Building area (total square feet of floor area for the proposed activity):
SIGNATURES:
Applicant:
I certify that all ofthe above statements are true and complete to the best ofmy knowledge and acknowledge
that wi�ful 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 sched fbTTVW-hfxt available Planning Commission meeting. Ifnot complete, when requested
information has be =eceived th a plication will be scheduledfor the next available meeting.
Date
Signature
Owner(if other than applicant):
I am the owner of the subjectproperty identified herein and approve of this application.
Date Aa LC
Signature-
For Staff Use Only:
Permit No.
Appl. complete.
Add. h1lO requested
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OR- i NGELES
W A S H I IN G T 0 N, U. S. A.
Community & Economic Development Department
August 27, 2009
k)l
Associated Petroleum Products
C/o Mr. Red Anderson
2320 Milwaukee Way
Tacoma, WA 98401
CUP 09-04
Re: Conditional Use Permit
484 Eclipse Industrial Parkway
Dear Mr. Anderson:
As you know, following a public hearing conducted by the Planning Commission on August
26, 2009, the Commission approved the conditional use permit referenced above in support
of the placement of a propane storage tank for commercial and industrial uses in the
Industrial Heavy zone. The tank use is subject to placement per the City of Port Angeles
Fire Department requirements that were described in the staff report prepared for the public
hearing. If you have any questions about those placement requirements, please contact Ken
Dubuc Fire Marshall at (360" 417-4653.
If we can provide any further assistance, please let us know.
Sincerely,
Sue Roberds
Planning Manager
cc: Ken Dubuc, Fire Marshall
. .............
Phone: 360-417-4750 Fax: 360-417-4711
74,
Website: www.cityofpa.us Email: smartgrowth@cityofpa.us
321 East Fifth Street- P.O. Box 1150 Port Angeles, WA 98362-0217
Planning Commission Minutes
August 26,2009
Page 2
PUBLIC HEARINGS:
CONDITIONAL USE PERMIT—CUP 09-04 —NORTHWEST PETROLEUM
PRODUCTS—484 Eclipse Industrial Park: A proposal to place an industrial propane
tank for distribution purposes in the Industrial Heavy zone.
Planning Manager Sue Roberds reviewed the Department Report recommending approval of
the conditional use pen-nit with one condition. Chair Reiss opened the public hearing.
RedAnderson, 2320 Milwaukee Way, Tacoma, WA represented the application. He
understood the staff recommendation and had nothing to add.
There being no further testimony, Chair Reiss closed the public hearing.
Following brief discussion, Commissioner Boyle moved to approve the conditional use
permit citing one condition supported by the following findings and conclusions:
Condition:
1. The applicant shall meet all Fire Department conditions prior to use at the site.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 09-04
dated August 26, 2009, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed conditions of approval, the City of Port Angeles Planning
Commission hereby finds that:
I. Associated Petroleum Products Inc. submitted Conditional Use Permit application CUP
09-04 on July 21, 2009 to locate a 30,000 gallon propane storage tank on the site at 484
Eclipse Industrial Parkway, parcel number 063018140075.
2. The site is located within the Eclipse Industrial Park and is zoned Industrial Heavy. All
uses in the industrial park are industrial including Port Angeles Hardwood, 3 wrecking
yards, Green Creek Wood Products, Evergreen Fiber, and Lakeside Paving.
3. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent and
compatible with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
Planning Commission Minutes
August 26,2009
Page 3
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations. A development that is approved through the conditional use permit
process must remain in continual compliance with specific conditions of approval or may
be revoked.
4. The Comprehensive Plan designates the site as Industrial. Adjacent property in County is
zoned Rural and Commercial Forest. The City's Comprehensive Plan was reviewed for
consistency with the proposal. Land Use Element Industrial Goal H, Policy HA, and
Policy H.5 were found to be most relevant to the proposal.
5. Reviewing City Departmental comments were considered in the review of this
application. The Port Angeles Fire Department will require that:
a. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
b. Any electrical equipment at the site must meet the requirement for classified areas
as specified in the latest edition of the National Electrical Code.
c. The tank and filling facilities must be protected by a fence that is at least 6 feet
high. The fence must have two gates that are open when anyone is inside.
d. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
e. Weeds, long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
g. A minimum 18 pound fire extinguisher with a B or C rating shall be mounte� at
the site.
h. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
6. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 30, 2009. Public notice was mailed to property owners
within 300 feet of the subject property on July 28, 2009. Notice of the proposal was
posted on the site on July 28, 2009. No written comments were received during written
comment period that ended on August 14, 2009.
7. A determination of non significance (DNS) was issued for the proposal per WAC 197-
11-3 5 5 on August 20, 2009.
8. The Planning Commission conducted a public hearing on the proposal at the August 26,
2009, regular meeting.
Conclusions.-
Based on the information provided in the Department of Community Development Staff Report
for CUP 09-04 dated August 12, 2009, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
Planning Commission Minutes
August 26,2009
Page 4
I. The proposal is consistent with requirements for approval of a conditional use permit as
specified in PANIC 17.96.050, of the Port Angeles Municipal Code.
2. The permit will enable Associated Petroleum Products to operate a propane facility from
an industrial location to provide a needed service to the Port Angeles area citizens, and
is therefore in public interest.
3. As conditioned, placement of the tank and development of the use on the site will be per
Port Angeles Fire Department requirements to address public safety concerns.
The motion was seconded by Commissioner Beier and passed unanimously.
G
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T , N ,
A
W A S H I N G T 0 N, U. S. A.
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
TO: Planning Commission
FROM: Roberta Korcz, Assistant Planner
DATE: August 26, 2009
RE: Conditional Use Permit- CUP 09-04
APPLICANT: Associated Petroleum Products Inc.
ONVNER- Red Anderson
LOCATION: 484 Eclipse Industrial Parkway
REQUEST: Propane storage tank for commercial and industrial uses in III zone.
RECOMMENDATION: The Planning Division recommends that the Planning
Commission approve CUP 09-04 with I condition, citing 8 findings and 3 conclusions in
support of that action as listed in Attachment A.
EXISTING CONDITIONS IN AREA:
The subject property is located at 484 Eclipse Industrial Parkway with its sole access
from Highway 10 1 via Eclipse Industrial Parkway.. The site is 21,780 square feet in size which
equals a total site area of.5 acres. The property is level, with no structures, and surfaced with
either asphalt or gravel. The site contains no environmentally sensitive areas. The application
and site maps are attached as Attachment B.
Development in the area is generally industrial. Zoning in the area is Industrial Heavy
within the City limits and Clallam County Rural and Commercial Forest to the south and west.
DEPARTMENT COMMENTS:
City Departments reviewed the proposal and provided the following comments:
The Fire Dppartme :
1. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
2. Any electrical equipment at the site must meet the requirement for classified areas
as specified in the latest edition of the National Electrical Code.
3. The tank and filling facilities must be protected by a fence that is at least 6 feet
high. The fence m ust have two gates that are open when anyone is inside.
CUP 09-04 Associated Petroleum Products Inc. Page 2
August 26,2009
4. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
5. Weeds, long dry grass, and loose piled,combustible material may not be within 10
feet of the tank.
6. A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
7. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
The Public Works and Utilities Dppartment had no comments
The Buildina Division of DCD commented that a building permit is not required.
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW:
A determination of non significance (DNS)was issued for the proposal per WAC 197-
11-355 on August 20, 2009.
PUBLIC COMMENT:
Notification of the proposed action was placed in the Peninsula Daily News on July 30,
2009,posted on the subject property on July 28, 2009, and mailed to property owners within 300
feet of the subject property on July 27, 2009. The written public comment period ran until
August 14, 2009. No written comments were received.
DEPARTMENT OF COMMUNITY and ECONOMIC DEVELOPMENT ANALYSIS:
The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with
regard to the proposal. In addition to the Comprehensive Plan goals and policies, development
regulations in the Industrial Heavy zone are also included in,Attachment C to this staff report.
The site is zoned Industrial Heavy(IH). The storage of gas for illuminating and heating
purposes is allowed by conditional use permit in the IH zone,per PAMC 17.34.040(D). No
minimum lot size requirement is listed as a condition of approval. The plan proposes leasing 1/2
acre on the west edge of parcel B 1 of the parent parcel for a propane storage tank. Following
project construction, less than 5% of the site will be covered with impervious surfaces.
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. Two other bulk propane storage tanks exist on adjacent properties
located within the same zone.
Attachments: A- Conditions, Findings, and Conclusions
B -Application materials
C - Zoning,Ordinance, Comprehensive Plan, and Other Municipal Code
References
CUP 09-04 Associated Petroleum Products Inc. Page 3
August 26,2009
ATTACHMENT A
RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS
The Planning Division recommends the Planning Commission approve Conditional Use
Permit CUP 09-04 subject to 1 condition and based on the following 8 findings and 3
conclusions in support of the action:
Conditions:
1. The applicant shall meet all of the Fire Department conditions prior to gaining final
approval of the use at the site.
Findings:
Based on the information provided in the Community Development Staff Report for CUP
09-04 dated August 12, 2009, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed conditions of approval, the City of Port Angeles Planning
Commission hereby finds that:
I. Associated Petroleum Products Inc. submitted Conditional Use Permit application CUP
09-04 on July 21, 2009 to locate a 30,000 gallon propane storage tank on the site at 484
Eclipse Industrial Parkway,parcel number 063018140075.
2. The site is located within the Eclipse Industrial Park and is zoned Industrial Heavy. All
uses in the industrial park are industrial including Port Angeles Hardwood, 3 wrecking
yards, Green Creek Wood Products, Evergreen Fiber, and Lakeside Paving.
3. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent and
compatible with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application.
the Planning Commission may impose whatever restrictions or conditions.are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations. 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.
4. The Comprehensive Plan designates the site as Industrial. Adjacent property in County is
zoned Rural and Commercial Forest. The City's Comprehensive Plan was reviewed for
consistency with the proposal. Land Use Element Industrial Goal H,Policy HA, and Policy
H.5 were found to be most relevant to the proposal.
5. Reviewing City Departmental comments were considered in the review of this
application. The Port Angeles Fire Department will require that:
CUP 09-04 Associated Petroleum Products Inc. Page 4
August 26,2009
a. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
b. Any electrical equipment at the site must meet the requirement for classified areas
as specified in the latest edition of the National Electrical Code.
c. The tank and filling facilities mu-st be protected by a fence that is at least 6 feet
high. The fence must have two gates that are open when anyone is inside.
d. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
e. Weeds, long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
g. A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
h. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
6. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 3 0, 2009. Public notice was mailed to property owners
within 300 feet of the subject property on July 28, 2009. Notice of the proposal was
posted on the site on July 28, 2009. No written comments were received during written
comment period that ended on August 14, 2009.
7. A determination of non significance (DNS) was issued for the proposal per WAC 197-
11-3 5 5 on August 20, 2009.
8. The Planning Commission conducted a public hearing on the proposal at the August 26,
2009, regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Report for CUP 09-04 dated August 12, 2009, including all of the information in the public
record file, comments, and testimony presented during the public hearing, the Planning
Commission's discussion and deliberation, and the above listed conditions of approval and listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
I. The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050, of the Port Angeles Municipal Code.
2. The permit will enable Associated Petroleum Products to operate a propane facility from
an industrial location to provide a needed service to the Port Angeles area citizens, and is
therefore in public interest.
3. As conditioned,placement of the tank and development of the use on the site will be per
Port Angeles Fire Department requirements to address public safety concerns.
CUP 09-04 Associated Petroleum Products Inc. Page 5
August 26,2009
ATTACHMENT C
COMPREHENSIVE PLAN GOALS,POLICIES,AND OBJECTIVES OF CUP 09-04:
Comprehensive Plan
The City's Comprehensive Plan establishes the long range goals and policies of the City. Any
project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan.
The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to
the proposed application and several goals and policies were found to be relevant to the proposal. An
analysis of compliance with those policies is as follows:
The Comprehensive Plan Land Use Map designates the site as Industrial(1).
Land Use Element Industrial Goal H. "To provide opportunitiesfor 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 H14y 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 liquefied petroleum gasfacilities,
energyJacilities, 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(III).
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 expectedfirom permitted industrial uses that involve hazardous materials, noise, air and
waterpollution, 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 transportationfacilities, design standardsfor
greater truck traffic, and buffersfor nonindustrial uses unless deemed impractical.
The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to
assure that the maximum degree ofcompatibility 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 o'L conditional use
applications, as follows:
CUP 09-04 Associated Petroleum Products Inc. Page 6
August 26,2009
17.96050 Conditional Use Permit
A. The Planning Commission shall considerCUP 09-04 staff report 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.
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.
CITY OF PORT ANGELES
NOTICE OF POSTING
RE: �A'-)
I PAT BARTHOLICK, state that on the �< day of
200% 1 posted said notice, a true copy of which is hereto ��'Uachedoand made part
hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the
property proposed for a land use action.
t�'AFFIANT
Subscribed to me this day of 2009.
z
co State of
Vk NOTARY PUBLIC for
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-J Washington, residing in Port Angeles
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CITY OF PORT ANGELES
NOTICE
OF
DEVELOPMENT PROPOSAL AND
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on AUGUST 26, 2009, the City of Port Angeles Planning
Commission will consider an application for a conditional use permit to permit a bulk propane storage
tank for commercial and residential use in the IH Industrial Heavy zone. The application was submitted
on July 24, 2009, and was determined to be complete on July 28, 2009. Interested parties are encouraged
to review the application materials and provide written comment on the proposal until August 14, 2009.
Written comments will be considered in staff s recommendation regarding the proposal. Information may
be reviewed at the City Department of Community & Economic Development, City Hall, 321 East Fifth
Street, Port Angeles, Washington, 98362. Verbal testimony will be taken during the public hearing that
will be held in the City Council Chambers, 321 East Fifth Street, Port Angeles, Washington and will
begin at 6 p.m. Interested parties are invited to attend the meeting. City Hall is accessible to persons with
disabilities.
STATE ENVIRONMENTAL POLICY ACT: It is expected that a determination of non significance (DNS)
will be issued for the proposal per WAC 197-11-355 following the required review period that ends on August 14,
2009.
APPLICANT: NORTHWEST PETROLEUM PRODUCTS
LOCATION: 484 Eclipse Industrial Park
For further information contact: Scott Johns, (360)417-4752
PUB: 7/30/09
POST: 7/28/09
MAIL: 7/28/09
T:\NOTICES\PCdev&publichearing.wpd
0 Affidavit of Publication 0
in the Superior Court of the State of Washington for Clallarn/Jefferson County
Peninsula Daily News
CITY OF PORT ANGELES
LEGAL ACCT/CITY CLERK
PO BOX 1150
CITY OF PORT ANGELES
PORT ANGELES, WA 98362-0217 NOTICE OF DEVELOPMENT PROPOSAL
AND PUBLIC HEARING
NOTICE IS MEREBy G1 that on AL)GUS
26, 2009, the City of Port Angeles Planning
Commission will consider an appli'cation for a
conditional use permit to permit a bulk propane
storage tank forcommercial and residential use
in the IH Industrial Heavy zone. The application
Reference: 4900481 was submitted on July 24,2009,and was deter-
mined to be complete on July 28,2009. Inter-
5050195 CITY OF PORT ANGELES ested parties are encouraged to review the
application materials and provide written com-
!'ment on the proposal until August 14, 2009.
Written comments will be considered in staff's
recommendation regarding the proposal. Infor-
mation may be reviewed at the City Department
of Community& Economic Development, City
The undersigned being first duly sworn on oath, deposes and Hall,321 East Fifth Street,Port Angeles,Wash-
says. ington, 98362.. Verbal testimony will be taken
during thepublic hearing that will be held in the
That she/he is authorized to and does make this affidavit for and City Council Chambers, 321 East Fifth Street,
Part-Angeles, Washington and will begin at 6
on behalf of Peninsula Daily News, a corporation, and that the Interested parties are invited to attend the
following statements of fact are within her/his personal and meeting: City Hall is accessible to persons with
actual knowledge. disabilities.
That said corporation is the owner and publisher of the STATE ENVIRONMENTAL POLICY AC It is
expected that a determination of non signifi-
Peninsula Daily News published in Clallam/Jefferson Counties, cance(DNS)will be issued for the proposal per
and had been approved as a legal newspaper by order of the WAC 197-11-355'fol[owing the required review
Superior Court of said Clallarn/Jefferson County of the State Of period that ends on August 14,2009.
Washington. APPLICANT.NORTHWEST PE`rROLEUM
PRODUCTS
That the annexed is a true copy of a legal insertion as it was LOCATION:484 Eclipse Industrial Park
published in regular issues (and not in the supplement form) of For further information contact: Scott Johns,
said newspaper was regularly distributed to its subscribers (360)-417-4752
during all of said period. The publishing date cited is the last Pub:July 1 30,2009
day of publication.
1 Insertion in Pub PDN on 07/30/09
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worn to me on this 3rd day of August 200
NOTARYPUBUC
Notary Public in and for the State of Washington residing in Port Angeles.
Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362
. ...........
/29/2009) Sue Roberds-CLIP 09-04 Y9,Q&est Petroleum Products Pag4
From: Ken Dubuc
To: Sue Roberds
Date: 7/29/2009 11:38 AM
Subject: CUP 09-04 Northwest Petroleum Products
Sue,
The Fire Department has reviewed CUP 09-04 for the installation of a 30,000 gallon propane storage tank on Eclipse
Industrial Parkway by Northwest Petroleum Products.
We have the following comments:
1)The tank must be at least 50'from the nearest line of adjoining property that may be built upon or building.
2)Any electrical equipment at the site must meet the requirements for classified areas as specified in the latest edition of
the National Electrical Code.
3)The container and filling facilities must be protected by a fence that is at least 6'high. The fence must have two gates
that are open when anyone is inside.
4)If operations are to be conducted outside of daylight hours, lighting shall be provided.
5) Weeds,long dry grass and loose piled combustible materials may not be within 10'of the tank.
6)A minimum 18 pound fire extinguisher with a B:C rating shall be mounted at the site.
7)The access road leading to the tank must be suitably maintained to allow for Fire Department access.
Thanks,
Ken Dubuc,Assistant Chief/Fire Marshal
Port Angeles Fire Department
RT ANGELES
0 ASHINGTO N, U. S. A.
DEPARTMENT OF COMMUNITY & ECONomic DEVELOPMENT
Date: July 24, 2009 E C E �'V 'E
To: Public Works and Utilities FAW -4 ,2009
Ken Dubuc, Fire Department CITY OF PORT ANGELES
Dept.of Community Re�
From: Sue Roberds, Planning Manager
Subject: Conditional Use Permit - CUP 09-04
Northwest Petroleum Products -Eclipse Industrial Parkway
The attached conditional use permit application proposes a propane storage point for commercial
and industrial uses in the IH zone. Please review the proposal for those issues that relate to your
Departmental operations and forward your comments to this Department no later than August 7,
2009. This item is scheduled for a public hearing before the Planning Commission on August
26th.
Please let me know if you have any questions.
Thank you! ro
1glylo 9
Attachments
P ORT .-- NGELES
-4. -2 A
WAS H IN G T 0 N, U. S. A.
DEPARTMENT OF COMMUNITY & ECONOMic DEVELOPMENT
Date: July 24, 2009
To: Public Works and Utilities
Ken Dubuc, Fire Department
From: Sue Roberds, Planning Manager
Subject: Conditional Use Permit- CUP 09-04
Northwest Petroleum Products -Eclipse Industrial Parkway
The attached conditional use permit application.proposes a propane storage point for commercial
and industrial uses in the IH zone. Please review the proposal for those issues that relate to your
Departmental operations and forward your comments to this Department no later than August 7,
2009. This item is scheduled for a public hearing before the Planning Commission on August
26th.
Please let me know if you have any questions.
Thank you!
Attachments
AppmcAnoNFEEs Ai,, FoR O.�drcE UWE QNLY
Date Rec 71,,
CUP: $500&$350(SEPA) -x/
File Number:
8-5—b
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Adniinistrativ�'GLJP ------ - CITY OkfM RT
Received by:
$200 & $��75 S1
CONDITIq
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T25 PERMIT
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APPI . FATION
**IMPORTANT PLEASE READ
Only completed applications will be accepted.To be considered complete,an application must include all of the
following information:
2 A completed application signed by the applicant and the property owner if different than the applicant).
Ef A completed SEPA Checklist signed by the applicant.
A vicinity map (showing the site in relation to surrounding properties)
A site plan (accurately drawn at 1"=20' scale with complete dimensions showing all property lines,
existing and proposed structures and parking spaces, setbacks and significant vegetation).
1nterior floor plans for each floor of any structure to be used for the proposed activity.
Exterior building elevations for each side of any building that will be constructed for the proposed use.
Mailing labels and list ofproperty owners within 300' of theproposed site. A list of theproperty
owners may be obtainedfrom the County Assessor's Office.
Application fee.
It is important to be accurate and complete with the information regarding all aspects of your project.
The Planning Commission's decision and staff recommendation will be based on the information contained in
this application, and will be limited to the proposal as presented. Changes to your project from what is
submitted may result in the delay ofyourproject's review. Certain proposals are decided administratively such
(retail stand permits, home occupations, and bed and breakfast uses). These permits do not require a public
hearing process.
Please do not hesitate to ask if you have any questions regarding the permit process, time periods, or
restrictions of certain applications. Community Development Department personnel may be reached at
417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday.
NOTES.- (For your use)
Appl- 9
APPLICANVOWNER INFORMATION:
Applicant: //')C-
Address: 232L!5 vo,LLV,jjjL1EC �84-01 Daytimephone#: 9?-5- 6,?43
Applicant's representative(if other than applicant):
Address: Daytimephone#:
Property owner(if other than applicant): ltl-�'IMOM L-(4111a
Address: A b4 F-c�L Daytimephone#: 41-7
PROPERTY INFORMATION:
Strcetaddress: ECLtPU
Legal description: f /C�I'E-. L,
Zoning: A�lt- jtvDvs-r Comprehensive Plan designation:
Property dimensions: D 19. L-4 2-/ Property area(total square feet): Z 7 &D
Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.):
PROPOSED USE INFORMATION:
Please describe the proposed conditional use:
LIZ- V1-L-
C>M T-7 C C-11�01'e eF7- 4 1'2 D 0 5 ( OCA-1 V
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C, j-7- T- (�4- L-Z 9,)
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Number of employees:. Hours of operation: 7/tv\ -
Number of on-site parking spaces:
Building area (total square feet of floor area for the proposed activity):
SIGNATURES:
Applicant:
I certi)�that all ofthe above statements are true and complete to the best ofmy knowledge and acknowledge
that wi�ful misrepresentation of information will terminate Mispermit 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 sch�ede "'rbme t available Planning Commission meeting. Ifnot complete, when requested
information has I Geived lication will be scheduledfor the next available meeting.
Signature D ate
Owner(if other than applicant):
I am the owner of the subject property identified herein and approve of this application.
LZO Lo
Signature,� Date �a
For Staff Use Only:
Permit No.
Appl. complete
Add. Info requested
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