CITY OF WHITE SALMON PLANNING COMMISSION MINUTES MAY 18, 2006

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1 CITY OF WHITE SALMON PLANNING COMMISSION MINUTES MAY 18, 2006 Roll Call: Present were Commissioners Spaeth, Kacena, Mayo and Smith. Comm. Eichner absent. Staff present: Director of Planning & PW Wil Keyser & Associate Planner Dixie Walker. Audience members: Applicants Jerry & Karon Anson, Russ and Beulah Dallas, Duane Beecher, Lori Montour and Dave Harty. Minutes of April 26, 2006 and May 9, 2006 were deferred until the end of the meeting. PUBLIC HEARING: White Salmon Conditional Use Permit CUP , applicants Jerry & Karon Anson. Location: 253 NW Loop Road. Chairman Mayo opened the public hearing at 5:35 PM. The determination of qualifications of members of the planning commission to assure a fair and impartial hearing was recited. There was not any ex-parte contact, conflict of interest, bias nor anyone wishing to abstain as a result of conflict or bias revealed. No one in the audience objected to the sitting planning commissioners. STAFF REPORT: Introduction The Owner/Applicant s propose to construct Mini Storage Units within a designated R-2 Two-Family Residential Zone on Lots 2, 3 and a portion of Lot 4 of White Salmon Short Plat south of 253 NW Loop Road on Jake Lane a private road in White Salmon city limits. CONDITIONAL USE REQUEST: To allow the construction of new 15,900 square feet Mini Storage Units upon Lots 2, 3, and a portion of Lot 4, WS-SP The Applicants offer the following reasons for consideration of the Conditional Use of Mini-Storage Units versus duplex residential dwellings of original development intent. We have run into a problem with getting sewer up to the lots. It is a long way away and would be extremely costly to get to it. The water situation in White Salmon is also an issue. When we are ready for the water hook-ups, will there be any to purchase? There are also a lot of townhouses, condos and duplexes planned and going up in and around town now. This makes the duplexes less enticing than they were before. We have done some research and storage units look like the way to go. There are not very many in the area and they are mostly always full. We think it would be good for us and good for the area. PC Minutes Page 1 of 12

2 MUNICIPAL STATUTE OF BEARING: White Salmon Municipal Code Chapter R-2 Two Family Residential District. Municipal Code Chapter Conditional Uses in Residential Districts Municipal Code Chapter Conditional Uses, Variances, Appeals, and Site Plan Review White Salmon Zoning Ordinance, Chapter (a) provides for the jurisdictional duties and powers of the Planning Commission (Board of Adjustment) to hear and make decisions regarding applications for Conditional Uses (Principal and Accessory) expressly provided for in certain districts. Considering that the White Salmon Municipal Code (Zoning Ordinance) is basically silent on standards of application and measure for Conditional Uses, in year 2003 the City Attorney drafted new language to be used as guidelines by the City Planning Commission when considering applications for a conditional use permit. The following is taken from a RE-DRAFT of Chapter Conditional Uses, Variances and Appeals and while the language has not yet been formally adopted, it may be precedent to be used as guidelines for application and measure in considering this Application for Conditional Use Permit. Municipal Code Application for Conditional Use Permit. An Application for a conditional use permit shall include a site plan as set forth in Section The proposed use and structures shall be compatible with the types of uses permitted outright in the vicinity. To insure compatibility, the planning commission shall find that the following standards are affirmatively addressed (and if not, the application shall be denied): 1. A determination that the use will not endanger the public health or safety if located and developed where proposed. 2. The functional nature of the use (e.g. the hours, days of operation, size and lighting of outdoor displays, etc) are compatible with uses permitted in the vicinity. 3. Lighting shall be subdued and shall not shine directly, cause glare, or be unnecessarily bright on uses permitted in the vicinity. 4. The use shall not unreasonably increase the noise level beyond the boundaries of the subject parcel or generate nuisance conditions including but not limited to odor, vibrations, or dust; 5. Building materials, textures, colors and architectural features shall be consistent with structures in the vicinity. PC Minutes Page 2 of 12

3 6. All standards applicable within the district shall be in general conformity with the White Salmon Comprehensive Plan. 7. The appropriateness of and standard and materials for diking, fencing, screening, landscaping or other facilities; 8. Monotony of design in single or multiple projects shall be avoided. Variety of detail, form and siding shall be used to provide visual interest. Municipal Code Duration of Conditional Use Permit. The duration of the Conditional Use Permit shall be one year from the date the Conditional Use Permit is adopted. If construction is commenced within the one year period and construction is being pursued diligently toward completion, the Conditional Use Permit shall stay in full force for an additional twelve month period. In the case of unavoidable delay, or in the case of an extensive construction schedule, the Planning Commission may, upon application, extend the time limit for completion of the project. FINDINGS OF FACT: F-1. WSMC Board of Adjustment Powers and Duties, provides that, The jurisdictional duties and powers of the board of adjustment (Planning Commission) are as follows: A. Hearing and deciding applications for conditional uses (permitted and accessory) expressly provided for in certain districts. F-2. The proposed Conditional Use with the R-2 zone appears through WSMC (2) That the granting of the Conditional Use will not be materially detrimental to public welfare or injurious to the property or improvements in the vicinity and zoning district in which the subject property is situated. F-3. The basis of the Conditional Use Application is to allow for the construction of 15,900 sq. ft. of Mini Storage Units upon Lots 2, 3 and a portion of Lot 4, WS-SP on properties owned by Jerry and Karon Anson at 253 NW Loop Road within the City of White Salmon. F-4. The undeveloped Lots upon which Mini-Storage Units are proposed for construction have the following total square footage area and exist within the R-2 Two Family Residential Zone, Lot 2 = 15,637 sq. ft. Lot 3 = 15,637 sq. ft. Lot 4 Portion = 15,637 sq. ft. PC Minutes Page 3 of 12

4 The Applicant proposes the flat plane terracing of each of three areas of his real property upon which Mini Storage Units are to be placed. The subject properties are located within the City of White Salmon. F-5. Lots 2, 3 and 4 comprise a total of 70,406 sq. ft. of which the Applicant proposes to dedicate 46,911 sq. ft. for siting the proposed Mini Storage Units which will have a collective total of 15, 900 sq. ft. of storage space, appears to be adequate for siting the proposed development. F-6. The proposed Mini-Storage use is not an outright permitted use within the R-2 Two-Family Residential District and will have to be considered a permitted accessory use through the approval of a Conditional Use Permit (CUP). F-7. Density Provisions: The subject property and existing structures of this proposed Conditional Use are in compliance with WSMC Density Provisions in the R-2 Zone. F-8. No water or wastewater utility services are required or requested for the proposed Mini-Storage Conditional Use, but are available on NW Loop Road for such use if desired for future use or development of the subject properties. A fire hydrant shall be provided by the Applicant and placed in a location to be determined by the White Salmon Fire Chief. The fire hydrant will be serviced by extending 8 water mainline from the existing 14 Water Transmission Line on NW Loop Road to the hydrant site. F-9. Street Access: Via Jake Road, a private street, connected to and accessed from NW Loop Road. The Applicant shall be responsible to improve Jake Road to City Design Standards for the designated Urban Minor Access street as noted and described elsewhere in this staff report. F-10. Stormwater Analysis Required. The structural build-out of the subject property and asphalt surface treatment for Jake Road and access to the Mini Storage Units will generate substantial quantities of stormwater runoff. The Applicant shall be responsible to provide for a stormwater analysis that considers, a minimum, a 25 year storm event of 15 minutes duration to be performed by a qualified, Washington licensed professional engineer. The Stormwater Control Plan shall be approved by the Director of Public Works. The Applicant shall be responsible to provide for all infrastructures necessary to the on-site collection, retention, and disbursement of all stormwater. The Applicant s engineer shall provide two sets of stormwater infrastructure AS-BUILT plans to PC Minutes Page 4 of 12

5 the City and shall provide written confirmation that all infrastructure was built as per engineering design. F-11. As per WSMC In the R-2 District all new structures shall be serviced by underground utilities only. F-12. The Applicant shall be responsible to provide for an adequate securing fence to contain and secure the entire of the Mini Storage Facilities and to provide for an electronically operated security access gate. F-13. Noise Levels: The type of proposed Conditional Use is not anticipated to generate noise levels above existing conditions of the neighborhood and should have no adverse impact to this parameter of property use. The Applicant does not anticipate an increase in noise level or traffic congestion. A Conditional Use Permit was issued to allow for the White Salmon Storage Units located immediately to the west of the proposed project site. F-14. Typically, Mini Storage Facilities placed in residential districts serve the residences of the neighborhood as well as community-wide needs for such service, and are generally acceptable accessory uses within residential districts of the city. F-15. It is anticipated that the proposed Mini Storage Conditional Use will generate measure of increased traffic use on NW Loop Road; the magnitude of such increased is not well defined at this time. F-16. The subject property was surveyed and monumented in the WS-SP approved Short Plat creating Lots 1, 2, 3 and 4. F-17. The preliminary site plan and foot print of proposed structures for Mini Storage Units for the subject property appear to meet density provisions of the R-2 District, including set-backs as per WSMC Density Provisions. F-18. The authorization of the proposed Conditional Use does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. F-19. The granting of the Conditional Use will not be materially detrimental to the public welfare or injurious to the property or PC Minutes Page 5 of 12

6 improvements in the vicinity and zoning district in which the subject property is situated. F-20. In regards to the proposed Conditional Use it is determined that the proposed use and structures are compatible with the types of uses permitted outright in the vicinity and that the following standards are affirmatively addressed: a) The use will not endanger the public health or safety if located and developed where proposed. b) The functional nature of use as regards hours, days of operation and size are compatible with uses permitted in the vicinity. c) Lighting shall be subdued and shall not shine directly, cause glare, or be unnecessarily bright on uses permitted in the vicinity. d) The use will not unreasonably increase the noise level beyond the boundaries of the subject properties or generate nuisance conditions including but not limited to odor, vibrations, or dust. e) The Building Site Plan shall provide for building materials, textures, colors and architectural features to be consistent with structures in the vicinity. f) The proposed use shall meet all standards applicable within the R-2 Two-Family District and appears to be in general conformity with the provisions and intent of the White Salmon Comprehensive Plan. g) Materials for landscaping, fencing, or screening shall be of a standard complimentary to other uses in the vicinity. h) Monotony of design shall be avoided while providing variety of detail, form and siding to provide for visual interest. STAFF RECOMMENDATION: It is Staff s recommendation that the Planning Commission approve the Anson WS-CUP Application. Should the Planning Commission elect to approve this Conditional Use Permit Application, Staff would recommend consideration of the following conditions. C-1. The Applicant shall comply with all Local, State and Federal rules and regulations as may pertain to this use. C-2. The Applicant shall be responsible to submit a detailed Building Site Plan along with his Building Permit Application to the Planning Director, and shall comply with all applicable provisions of the Uniform PC Minutes Page 6 of 12

7 Building, Fire, Mechanical and Plumbing Codes of the City and of the State of Washington. C-3. All utilities necessary to service the Mini Storage Facilities shall be placed underground as per WSMC Prior to the issuance of a Building Permit, the Applicant shall have obtained approved utilities service applications adequate to service the requirements of the proposed Conditional Use. C-4. Absolutely no ignitable/combustible materials or products, oil base paints, or other explosive and/or hazardous chemical substances are allowed for storage on site at the proposed Mini Storage Project. C-5. No building permit shall be issued for the construction of the proposed Mini Storage Units until the Applicant submits the results of a Site Stormwater Analysis and Control Plan prepared by a qualified, Washington licensed professional engineer and approved by the Director of Public Works. The Stormwater Analysis shall consider the collection, retainment and timed disbursement of stormwater generated from and considering built-out conditions of the Project Site. At a minimum, the stormwater analysis shall consider a 25 year storm event for 15 minutes duration. The Applicant s engineer shall be responsible to submit two sets of stormwater AS-BUILT record drawings to the City Planning Department and written confirmation that the stormwater infrastructure was built to engineering design specifications. C-6. The Applicant shall meet all applicable provisions of Municipal Code Density Provisions for the R-2 District. The placement of structures shall comply with all SET-BACK requirements of the R-2 District. C-7. Site preparation and construction development for the approved Conditional Use shall not result in a residual of piled or strewn construction debris or other solid waste products that will create a fire danger, safety hazard, or public nuisance by its existence. C-8. The design and construction of the Mini Storage Facilities shall provide for a suitable staging site for the placement of an appropriately sized refuse container and for easy access thereto by the City refuse collection truck. C-9. All utility and/or access easements existing on the subject property shall be protected and preserved for such use. No structural PC Minutes Page 7 of 12

8 encroachments into such easements shall occur now or in any future developments on the subject property. C-10. The Urban Minor Access Street to the Mini Storage Project Site shall meet the design standards of the City of White Salmon, providing for a street right-of-way width of 60 feet, paved travel lanes of a minimum of 24 feet of width, concrete curbs both sides, minimum 4 foot side sidewalk one side, a constructed street minimum basal base of 0.8 feet depth of 2 minus rock, a minimum crushed surface top course of 0.20 feet depth of ¾: minus rock, and a minimum asphaltic concrete paved top surface of 3 depth meeting WSDOT Class A ACP Standards. Said street shall be center striped in a manner to define each of two 12 wide travel lanes. There shall be posted NO PARKING ON STREET signs appropriately placed on both sides of the access street as determined by the Director of Public Works. A Stop Sign shall be placed on Jake Road at its intersection with NW Loop Road. All signs are the responsibility of the Applicant. C-11. The Applicant is required to provide adequate security lighting for the entire of the project development area; however, such lighting shall be placed and directed as to minimize the effects of illumination on neighboring properties and to traffic accessing Mini Storage Facility using Jake Road. C-12. The Applicant shall be responsible to construct an appropriate chain-link security fence around the perimeter of the subject property that shall be integrated with the electrically operated security access gate. The security fence shall be continuously and consistently maintained to provide for site security objectives. C-13. The design and placement of all structures and access routes to, between and around such structures shall provide adequate, safe access for police and fire safety vehicles and equipment. C-14. The open storage of automobiles, trucks, recreational vehicles or other similar equipment shall not be allowed within the confines of the subject property used for Mini Storage operations. C-15. Landscape treatments shall consider the presence of the Mini Storage operation within the R-2 Two Family Residential District and shall consider landscape treatment that provides for water conservation objectives. PC Minutes Page 8 of 12

9 C-16. All commercial signs for the Mini Storage Facilities or directional signs thereto shall require a City Sign Permit obtainable at the Planning Department office. C-17. The Applicant shall place appropriately sized and readily identifiable street address numbers/lettering on the Mini Storage structure or other suitable posting location such that they are visible from the Jake Road access street and from NW Loop Road for police and fire safety objectives. C-18. The Applicant shall be responsible to meet all provisions and requirements, intended or inferred, as presented in this Staff Report, in the development of the approved Conditional Use and as presented in this Staff Report, in the development of the approved Conditional Use and as approved by the Planning Commission and/or City Council. C-19. The Applicant shall be responsible for the placement of a fire hydrant and appurtances at the terminus of Jake Road. QUESTIONS OF STAFF REPORT: Mr. Anson questioned condition #15. Director Keyser the applicant will be required to landscape so that it reflects other conditions in the neighborhood. Comm. Mayo questioned if there are landscape plans in the R-2 zone? No. There should be landscape appeal from the street side (Loop Road). Comm. Kacena said this use is not permitted outright nor as an accessory use. Director Keyser said that the proposed rewriting of the WSMC reflects guidelines from the city attorney until such time as the new ordinances are approved, they are guidelines only, not law. Comm. Mayo said the White Salmon Mini-Storage Conditional Use Permit was allowed in Director Keyser said this kind of operation is ideal to keep in the same area. There are also older storage units to the west of the proposed project. Comm. Kacena asked if the W.S. Mini Storage are in the city limits. Director Keyser replied yes, the property was annexed prior to the CUP that provided for the placement of mini storage units. APPLICANT S TESTIMONY: Jerry Anson, 253 NW Loop Road: said the staff report addressed everything. With all of the new homes in the area there will be a real need for storage units and they think storage units are a great idea rather than townhouses. Comm. Mayo asked if they have considered stormwater. Mr. Anson said the building permit process will address stormwater issues. Comm. Smith asked if the applicants have looked at this as a successful business opportunity. PC Minutes Page 9 of 12

10 Mr. Anson said they have done their research. What made them think of building storage units was the fact that they needed to rent one and could not find any available. Every thing is either full or on a waiting list. Comm. Mayo asked how many units are proposed to be built? Mr. Anson said they will have a professional come in and draft designs. He said he did not think the neighbors were in objection to the project. TESTIMONY FROM ALL THOSE IN FAVOR: Russ Dallas, 1260 Scotts Road. Said he thought the project would be a very quiet neighbor. He has managed other storage units in the past and thinks the use will make a good neighbor. TESTIMONY FROM THOSE IN OPPOSITION: Duane Beecher-1050 School View Place. Said the map he received in the public notice for a hearing is conflicting. He lives in the School View Subdivision east of the project. Wanted to know where Mr. Anson s property is in relation to his property. Mr. Anson said his property does not go all the way to Spring Street Lori Montour, 1055 School View Place. Said her house is nearest to the proposed units. She wants the area to stay residential. She realizes the city is not issuing water utility permits but does not think there should be a commercial use in the residential area it is setting a precedence. Secondly she is concerned about the outside lighting. The light from the W.S. Mini Storage comes directly into her backyard and she does not want it to be daylight at night. Comm. Mayo questioned how far her house is from the storage units. Mr. Dallas said roughly 400 feet. Mr. Beecher said he is trying to convince his neighbors in the School View Subdivision to annex into the city limits. Dave Harty, 1035 School View Place. Said the security lights shine directly into his bedroom window. He is concerned that the new storage units would add additional lighting. Mr. Anson said his home is adjacent to the W.S. Mini-Storage and he did complain to Mr. Jewett about the lighting and filtered lighting was installed. All it would take would be a phone call to Mr. Jewell. Director Keyser said the Anson s storage units would have the same conditions as the W.S. Mini-Storage units. (Condition 11 such lighting shall be placed and directed as to minimize the effects of illumination on neighboring properties Mr. Anson said he wants to keep the neighbors happy. Mr. Beecher asked if Mr. Anson could place some stakes on his property to identify where the buildings will be he would like a better understanding of where they are to be placed. Public Hearing closed at 6:20 PM. PC Minutes Page 10 of 12

11 DELIBERATION BY PLANNING COMMISSION Comm. Mayo questioned how the first mini-storage units (White Salmon Mini-Storage) was allowed. Director Keyser said the PC approved a Conditional Use Permit for the W.S. Mini Storage. The PC could make a ruling on the CUP with conditions and refer it to the city council. Comm. Smith asked could the PC elected to approve and make recommendations to the city council. Director Keyser said yes. Comm. Kacena said he thinks the Planning Commission does not have the authority to grant the CUP because Section of the code only grants the PC the authority to approve CUP s that are expressly provided for in the district, and there is nothing in the R-2 code provisions that speaks to ministorage as either an as-of-right or accessory use in that district. The code says any other CUP has to be approved by the city council. Comm. Smith - the area is rapidly becoming a commercial district. People have been making real estate decisions (by purchasing homes) and are not aware of commercial uses coming into their neighborhood Director Keyser - the applicant could have requested a Rezone or the CUP. They would have to rezone commercial and make the property commercial all the way down to Loop Road. The Growth Management Act discourages isolated zoning. Mr. Anson said he had his property zoned R-2 at the time he annexed it into the city limits with the desire to build townhouses. He has found that there is a greater need for storage units with all of the new townhouses being built around town. From a planners prospective, it should be placed next to existing mini-storage units. Comm. Smith asked if the city has recourse to keep the facility in good condition. Yes, the nuisance ordinance addresses those issues. Director Keyser - the city has contracted with Dotty DeVaney to rewrite the Zoning Ordinance. If the PC decides no on the application, the applicant has the opportunity to take the CUP to city council. Comm. Smith said he is torn by where it (commercial use) ends in that area of town. Across the street (Loop Rd) is Bingen Garbage Service and there will be two mini-storage units next to each other. Comm. Mayo people renting storage units do not pay sales tax, it is just income to the applicant/owner. Comm. Smith said he inclined to oppose. Comm. Kacena said at the most, the PC could make a recommendation to the city council to approve or deny the CUP. Comm. Mayo said they should think of positive issues; the set-back off the road (Loop Rd) and the owner living on site is a plus. It is not an eye sore and will not be putting out tons of light. Comm. Smith said if the applicant does not put mini-storage units in, the land owner is not going to let the property stand (undeveloped). Comm. Mayo said the PC should help preserve the nature of the R-2 zone. PC Minutes Page 11 of 12

12 Comm. Smith said he likes the idea of the use. The problem is with people purchasing land in an area not knowing there will be a commercial use next door. It might not be the appropriate thing to do (approve the CUP). Comm. Kacena said he is torn between the CUP and a Rezone. Comm. Mayo said rezoning is not a good option- it is not in the Comprehensive Plan. Director Keyser said he would strongly suggest that the PC recommend to the city council that they proceed with a land use evaluation by Klickitat County and the City of White Salmon in the Urban Growth Area. Comm. Smith said he would recommend that the PC does not approve Conditional Use Permit ; seconded by Comm. Kacena- motion carried 4-0. Director Keyser said the applicant will need to decide if he wants to take his application to the City Council. Mr. Anson said he would like to move forward. Minutes of April 26, Motion by Comm. Kacena to approve as previously mailed; seconded by Comm. Smith motion carried 4-0. Minutes of May 9, Motion by Comm. Kacena to approve as corrected; seconded by Comm. Smith motion carried 4-0. Meeting adjourned at 7:30 PM.. Respectfully Submitted by Dixie Walker, Associate Planner/PW Admin. Ass t APPROVED AS TO FORM: Chairman John Mayo Vice-Chair James Kacena PC Minutes Page 12 of 12