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HomeMy WebLinkAboutZON2017-00010 FINDINGS DEVELOPMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE UDC ADMINISTRATOR Re: Type II Conditional Administrative Use ) PROPOSED FINDINGS, CONCLUSIONS,AND RECOMMENDATIONS File No.: MLA17-00025/ZON17-00010 ) Applicant: Jefferson County Public Works ) 295312 Hwy 101 Quilcene, WA 98376 SUMMARY APPLICATION AND RECOMMENDATION Proposal: Type II Conditional Administrative Use Permit for the installation of a 275 square foot modular attendant office with upgrades to an existing shipping container to serve as a Household Hazardous Waste collection station. The project entails utility improvements such as a septic tank and a transport line to the existing septic system location onsite on the adjacent county parcel to the east. The site is located in a susceptible aquifer recharge area, and an Aquifer Recharge Area report was submitted by GeoEngineers on April 5, 2017. A revised report submitted on June 9, 2017 addressed the PUD well northeast from the site and recommended a dry sump under the proposed shipping container and a paved approach sloped to centralize any contaminate transport for spill cleanup. The project will also involve new site lighting installation and surveillance. Three new parking spaces are proposed to serve the new development. The proposal is SEPA exempt under WAC 197-11-800(2)(f). This project requires a Type II Conditional "C(a)" Administrative Use Permit in accordance with Table 3-1 of the Jefferson County Code Title 18.15.040 for a recycling collection facility in a rural residential 1:5 zone. Project Location: Parcel Number 702-231-010, Section 23-Township 27N-Range 2W; Site address: 295312 Hwy 101, Quilcene WA 98376. Recommendation: Approval with conditions. (Recommended conditions attached to this report). Project Planner: Emma Bolin BACKGROUND INFORMATION Applicant: Jefferson County Public Works PO Box 1220 Port Townsend,WA 98368 Representative: Gordon Ramstrom,Public Works MLA17-00025/zon17-00010 Page 1 of 19 Household Hazardous Waste Collection Station/Attendant Office Site Conditions: The subject parcel(702-231-010) is approximately 15.82 acres with an additional 2.41 acre portion of the parcel to the northwest that it not adjoined. The site is currently serving as the Quilcene Solid Waste Drop Box Facility operating on a part-time basis three afternoons a week,plus all day Saturday. The facility receives materials and transfers them to other destinations for processing and/or disposal. The site is relatively flat and is surrounded by a forested buffer comprised of mature Douglas fir,Western red cedar. The parcel is zoned Rural Residential 1:5. The northern portion of the site is a gravel pit. Surrounding Area: The parcel to the east is zoned Rural Residential 1:5 and serves as the county road shop and fueling station and is 9.65 acres in area.The parcels to the south and northwest are zoned Rural Residential 1:5 and are also owned by the county. The privately-owned parcels to the southwest and north are zoned Rural Residential 1:5 and do not appear to have any residential structures. The parcel to the north contains a freshwater pond. The parcel to the west is zoned Rural Residential 1:5 and contains a single family residence. An unnamed stream is mapped 200-300 feet west of the site. US Hwy 101 lies to the south. Site Visit: Staff conducted a site visit on May 26, 2017. Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted August 28, 1998) designates the subject parcels RR 1:5. State Environmental Policy Act(SEPA)Review: The subject proposal is categorically exempt from SEPA review pursuant to WAC 197-11-8OO(2)(f). Procedural Information: Notice of Application • Application submitted to the Department of Community Development: April 7, 2017 • Staff determined the application substantially complete: April 27, 2017 • This application is vested under the ordinances in effect on April 7, 2017 • Notice of Application mailed to adjacent property owners& agencies: April 27, 2017 • Posting of Notices by applicant/representative: May 1, 2017 • Publication of Legal Notices: May 3, 2017 (Port Townsend-Jefferson County Leader) Comments: Notices were sent to adjacent property owners within 300 feet of the subject parcel. No adjacent property owners commented. Staff requested review and comments on the application from the following agencies: • Jefferson PUD: Commented via Susan Porto Environmental Health,the Quilcene water system well does not have the source water protection area shown within the GIS jMAP Critical Aquifer Recharge Area. The area was defined in the water system plan(WSP) submitted to DCD in 2011- but the maps were never updated. Provided a map from the WSP. • Washington Dept. of Transportation: No comments submitted. • Jefferson County Health Department regarding septic: CUP is consistent with the recently approved septic permit to serve this facility. MLA17-00025/zon17-00010 Page 2 of 19 Household Hazardous Waste Collection Station/Attendant Office • Jefferson County Health Department regarding potable water review: o As has already been discussed: the source water protection area for the Quilcene Water System#AB292 must be updated the map of the Critical Aquifer Recharge Area GIS system to show the susceptibility of the site for aquifer protection. o GeoEngineers,the authors of the Aquifer Recharge Report should be informed of the corrections and mapping updates and allow a determination of the need for any revisions to this report that results from this information. o GeoEngineers makes BMP suggestions on page 9 of the report and reiterates them in the conclusions in the fourth bullet on page 11. One of the suggestions states"We suggest that curbing be considered in the area around the drop-box to prevent spilled material from reaching the infiltration areas." Public works has responded to that suggestions as follows: "It is something that we have considered,but did not propose. We saw a curb as something that would collect rainwater and become a maintenance problem."GeoEngineers should address this further in consideration of the comment from public works and the revisions to the GIS critical aquifer recharge area designation. It is our opinion that all suggestions and BMP's made by this report be incorporated into the conditions of approval. o GeoEngineers should re-evaluate the statement in the last bullet in the conclusions considering the updated mapping of the Critical Aquifer Recharge Area. Resubmittal of revised plans dated June 9, 2017 and CARA report dated June 12, 2017 were reviewed by Environmental Health with the following comments: o After having reviewed the most recent site plan revision received 6/16/17 to BLD17- 00193 and the revised Aquifer recharge report received 6/20/17. My only comment is that I recommend all BMP's from the Hydrogeologist report from 6/20/17 be implemented. • Jefferson County Health Department regarding solid waste review: o JCPH Solid Waste requires secondary containment for any and all hazardous material storage areas that can contain 110%of the amount of material stored. This is outlined in the operating permit for the facility,but should also be included in the building department's permit. This containment must be impervious, compatible with the materials stored, and under cover. As I read it,the structure(shipping container)will be sufficient to contain the materials. Secondary containment pallets for the oil and anti- freeze drums should be on-hand, as well as any spill containment and cleanup materials clearly labeled and easily accessible. Please see WAC173-350-300 and JCC 8.10.305 (6)(iv). o As this is a limited MRW under WAC 173-350-360, it does not require a permit from the Health Department to operate. It is included with the Solid Waste Drop Box facility as an attachment,and not a stand-alone facility. • Jefferson County Public Works: No comments submitted • Jefferson County Fire Protection District#2: No problems seen by the Fire District for this project. • Peninsula Daily News: No comments submitted • Port Townsend Leader: No comment submitted • Washington Dept. of Fish and Wildlife: No comments submitted • Washington Dept. of Health: No comments submitted • Jefferson Transit: No comments submitted MLA17-00025/zon17-00010 Page 3 of 19 Household Hazardous Waste Collection Station/Attendant Office STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan and the Jefferson County Code. Based on the findings presented below, recommended staff conditions are included at the end of this staff report. 1. A County DCD Pre-application Conference was held on January 24,2017. 2. The Comprehensive Plan Designation for parcel 702-231-010 is Rural Residential 1:5. 3. JCC 18.15.040,Table 3-1 lists"Recycling Collection Facility"as a Conditional Administrative"C (a)"Use within the Rural Residential designation. 4. The applicant applied for a"C(a)"use permit on April 7,2017. 5. The application was reviewed by the Jefferson County Department of Community Development staff for the potential presence of Critical Areas under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,the following Critical Areas were confirmed to be present on the subject property: susceptible aquifer recharge area and special aquifer recharge protection area. 6. Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson County. 7. Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. 8. Critical Aquifer Recharge Areas are defined as Seawater Intrusion Areas,and Special Aquifer Recharge Protection Areas and the following land uses located within Susceptible Aquifer Recharge Areas(1)All Industrial Land Uses(2)All Commercial Uses(3)All Rural Residential Land Uses requiring a Discretionary Use or Conditional Use Permit(4)All Rural Residential Land Uses with nonconforming uses that would otherwise require a Discretionary Use or Conditional Use Permit(5) Unsewered Planned Rural Residential Developments(6) Unsewered residential development with gross densities greater than one unit per acre. All of the above listed uses shall be subject to the applicable requirements and standards of the Jefferson County Unified Development Code. 9. An Aquifer Recharge Area Report was submitted by Geoengineers dated April 5,2017 in conjunction with the application to address the susceptible aquifer recharge area and detail the hydrogeologic characteristics and subsurface conditions and indicate susceptibility and potential for groundwater supply contamination..A revised report was submitted by Geoengineers dated June 9, 2017 to address the PUD well northeast from the site and recommended a dry sump under the proposed shipping container and a paved approach sloped to centralize any contaminate transport for spill cleanup.The report concluded that the proposal will have minimal,if any, impacts upon groundwater recharge at the site.The report recommended best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality. 10. Both SARPA and susceptible aquifer recharge areas are present on the property.JCC 18.22.120 states that a recycling facility as defined in the code is prohibited if present in both a SARPA and susceptible aquifer recharge areas. "Recycling facility"is not defined in Jefferson County Code. The proposal meets the definition of a"recycling collection facility"because it does not process waste materials.The intensity of this use does not merit prohibition with satisfactory submission of the critical aquifer recharge area report by Geoengineers dated April 5,2017,along with revised report dated June 9,2017. 11. A Building permit application has been submitted under BLD17-00193 for the shipping container collection unit and emergency shower,BLD17-00194 for the new attendant office,and shall be reviewed,conditioned and issued separately once conditional use approval is granted. MLA17-00025/zon17-00010 Page 4 of 19 Household Hazardous Waste Collection Station/Attendant Office 12. Access to the site is existing via US Hwy 101. 13. The applicant is proposing to create or add 1,969 square feet of impervious surface and 2,551 square feet of land disturbing activities. JCC 18.30.060 and 18.30.070 require the proposal comply with Minimum Requirement#2(Construction Stormwater Pollution Prevention)of the Department of Ecology Stormwater Management Manual for Western Washington to control stormwater,erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction,and in the design and operation of stormwater and drainage control systems. 14. Existing vegetation on-site is sufficient to comply with the landscaping and screening requirements under JCC 18.30.130(2),however,as conditioned the applicant shall maintain fifteen feet of Screen "A"landscaping along interior lot lines adjacent to any residential use and ten feet of Screen"B" along the road frontage. 15. As this is a limited MRW under WAC173-350-360, it does not require a permit from the Health Department to operate. It is included with the Solid Waste Drop Box facility as an attachment, and not a stand-alone facility 16. Jefferson County determined that this proposal is categorically exempt from review under SEPA pursuant to WAC 197-11-800(2)(f). 17. The property is located within 500 feet of real property within an area designated as Mineral Resource Land(MRL);the project may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise,tree removal,odors, fumes,dust, smoke,the operation of machinery, and the storage and disposal of aggregate products. One or more of the inconveniences described may occur as a result of extraction and processing operations which are in conformance with existing laws and regulations. Jefferson County has determined that the use of certain real properties for mineral resource extraction and processing activities is necessary to ensure resource availability in the County. The County will not consider to be a nuisance those inconveniences or discomforts arising from extraction and processing operations,if such operations are consistent with commonly accepted best management practices and comply with local,state,and federal laws. 18. This approval is for a conditional administrative use permit for a 275 square foot attendant office and upgrades to an existing shipping container to serve as a Household Hazardous Waste collection station only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances,and project approval does not preclude review and conditions which may be placed on future permits. 19. The revised site plan as submitted with the conditional use permit application for a 275 square foot attendant office and upgrades to an existing shipping container to serve as a Household Hazardous Waste collection station on June 9,2017 has been reviewed for consistency under the UDC,and has been approved by Jefferson County Department of Community Development. Any modifications,changes,and/or additions to the stamped,approved site plan dated June 26,2017 shall be resubmitted for review and approval by Jefferson County Department of Community Development. REVIEW CRITERIA Applicable Ordinances and Plans: • Jefferson County Comprehensive Plan, adopted August 28, 1998, and as amended • Jefferson County Code(JCC), JCC Title 18, Unified Development Code(UDC), as amended MLA17-00025/zon17-00010 Page 5 of 19 Household Hazardous Waste Collection Station/Attendant Office STAFF ANALYSIS& CONCLUSIONS 1. The following Jefferson County Comprehensive Plan Goal and Policies apply to the proposal: LNP 16.2 Wherever practical, site essential public facilities, such as airports, large-scale transportation facilities, state educational facilities,correctional facilities, solid waste treatment facilities, substance abuse facilities,mental health facilities and group homes, so as to avoid potential adverse impacts to surrounding land uses and critical areas. Staff Comment: The site is currently serving as the Quilcene Solid Waste Drop Box Facility that receives materials and transfers them to other destinations for processing and/or disposal. Siting the Household Hazardous Waste collection station at this site efficiently uses public land already serving as a county recycling facility thereby minimizing adverse impacts on surrounding land uses for a would-be additional site. The proposal as designed avoids adverse impacts to surrounding land uses and critical areas if the conditions in the conditional use permit are implemented. Customers will not be required to visit two different locations to dispose of household hazardous waste and recyclables. Space is provided for customers to drive to the site and drop off their waste. Three new parking spaces are also provided. The site will continue to be operated on a part-time basis. There is an existing 6' tall chain link fence and gate,which will remain in place. ENG 2.0 Protect the quality and quantity of surface and ground water resources, and enhance and restore them where they have been damaged. ENP 2.1 Preserve the environmental functions of surface and ground water resources whenever feasible, and require mitigation measures for land use activities that may adversely impact surface and ground water. ENP 2.6 Promote best management practices to protect surface and ground water in land use regulations related to septic systems, forest practices, agricultural practices, industry, and other development. ENP 2.7 Minimize the adverse impacts of land use activities on water resources where there is a potential for hydraulic continuity between surface and ground waters. UTP 7.3 Identify and implement appropriate measures to ensure mitigation of adverse environmental impacts associated with solid waste collection activities. Staff Comment: The Aquifer Recharge Area report analyzes the potential for groundwater contamination and identifies best management practices that are required to be implemented as a condition of the permit. The BMP's include on-site spill response and containment equipment, employee spill response training and emergency service coordination measures, which are currently outlined in the Jefferson County Limited Moderate-Risk Waste Collection Facilities: Operations, Spill Management&Prevention Plans, Volume 6. Section 8 within the plan addresses spill procedures for antifreeze, motor oils,battery acid, and broken mercury-containing lights, which the proposed Hazardous Waste collection facility will receive. The county holds a Solid Waste Facility Permit#SWF14-00007 issued by Jefferson County Public Health that requires qu es compliance with this plan. The additional stormwater runoff from the approximate 1,969 of new hard surfaces area qualifies as a small project and is required to comply with Minimum Requirement #2 from the 2014 Department of Ecology Stormwater Manual to consider a Construction Stormwater Pollution Prevention Plan. The proponent submitted a stormwater plan that proposes to disperse roof rainwater into surrounding vegetation. The proponent also proposes erosion and sediment control BMP's. The permanent and temporary stormwater plan will ensure that construction impacts do not adversely affect surface and ground waters. MLA17-00025/zon17-00010 Page 6 of 19 Household Hazardous Waste Collection Station/Attendant Office ENG 3.0 Ensure a sustainable and safe water supply as a critical necessity for residential, economic, and environmental needs. ENP 3.2 Support the development and implementation of wellhead protection programs for all public supply wells, and encourage the siting and construction of individual wells in a manner which protects existing water users and the ground water supply. Staff Comment: The new addition to the facility will handle moderate risk waste, which does not require a permit to operate per WAC 173-350-360 as long as the provisions therein are followed. Accordingly, Jefferson County Public Health commented that a Health Department permit is not required. The aquifer area recharge report identifies a public supply well operated by Jefferson County PUD 800 feet northeast of the site. The report states that the proposal is located within the 10-year travel time of the fixed-radius wellhead protection area for the Quilcene School District,but because it is located 3,500 feet away and is cross-gradient from the proposed site,potential spills or contamination at the site pose a minimal risk to the well. The revised report discusses impacts to the Jefferson County PUD well located approximately 800 feet northeast of the proposed site with a screen approximately 165 feet below ground. The report concludes that potential spills pose minimal risk to this well since it the well is located upgradient from the proposal,the source aquifer is 165 feet deep, and because there are low-permeating layers of clay between the ground surface and the source aquifer. The report states that if a spill were to occur, it would infiltrate the highly permeable sand and gravel vertically. The nearest groundwater is in a confined aquifer 50-70 feet below the ground surface and is protected by low-permeability layers. The report concludes that outlined spill response,project design, and prescriptive BMP's are expected to contain the spill before reaching the groundwater table. UTG 7.0 Provide solid waste facilities and programs that are efficient, and which utilize recycling to the maximum extent practicable. UTP 7.1 Implement,to the fullest extent possible, and in descending order of priority, solid waste management processes that reduce the waste stream, reuse waste materials,promote recycling, provide for the separation of waste prior to incineration or landfill disposal, and provide guidelines and strategies for disposal of all special waste types. UTP 7.5 Provide appropriate levels of collection and recycling opportunities which will maximize public participation, and which offer the fullest practical and economical potential for waste materials. Staff Comment: Jefferson County permanently closed four Rural Drop Box Facilities leaving only the Quilcene site remaining. The proposed household waste collection station will be efficient because customers will not need to visit a second location when dropping off recyclables and hazardous household waste. Moreover, efficiency improves for county operations as waste retrieval at an additional location will not be required. This efficiency promotes and boosts public participation in recycling. 2.The following sections of the Jefferson County Unified Development Code apply to the proposal: A. Chapter 18.15.040 Allowable and Prohibited Uses.JCC 18.15.040 (Table 3-1)Allowable and Prohibited Uses: Recycling Collection Facilities are a conditional administrative use in Rural Residential 1 DU/5 acres. Staff Comment: The Household Hazardous Waste Collection facility requires a conditional administrative use permit. MLA17-00025/zon17-00010 Page 7 of 19 Household Hazardous Waste Collection Station/Attendant Office B. Chapter 18.22.100 JCC -Critical Areas- Critical Aquifer Recharge Areas (2)Those areas meeting the requirements of susceptible aquifer recharge areas(above)and which are overlain by the following land uses as identified in this code are subject to the provisions of the protection standards in this article: (a)All industrial land uses; (b)All commercial uses; (3) Special aquifer recharge protection areas include: (a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974(Public Law 93-523); (b) Special protection areas designated by the Washington Department of Ecology under Chapter 173-200 WAC; (c)Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington Department of Health under authority of Chapter 246-290 WAC; (d) Groundwater management areas designated by the Washington Department of Ecology in cooperation with local government under Chapter 173-100 WAC. Staff Analysis: The Department conducted a review and concluded Critical Areas on-site and in the immediate vicinity of the proposal are Susceptible Aquifer Recharge Area and Special Aquifer Recharge Area. As an industrial use(See Item I below for definition), the proposed recycling facility is subject to the article provisions. The county GIS jMap did not show a Special Aquifer Recharge Protection Area. Bill Graham commented from PUD that PUD well included in the Water Service Plan in 2011 was not updated correctly in jMap. Due to the lacking information,the pre-application conference meeting did not identify this as a critical area. Upon receipt of Bill Graham's comments, county GIS updated the map. The proposal is located in both SARPA and susceptible aquifer recharge area as verified in the updated map. 18.22.120 Critical Aquifer Recharge Areas Applicability. = SHARE (1)The following land use activities are considered high impact land uses due to the probability and/or potential magnitude of their adverse effects on groundwater and shall be prohibited in susceptible aquifer recharge areas and special aquifer recharge protection areas. In all other areas of the county outside of susceptible aquifer recharge areas and special aquifer recharge protection areas,these activities shall require an aquifer recharge area report pursuant to this article: ...(g)Recycling facilities as defined in this code;... JCC 18.10.180 Definitions "Recycling center"means an area,with or without buildings,upon which used materials are separated and processed for shipment. "Recycling collection facilities"means neighborhood facilities for the drop-off and temporary storage of recyclables but without waste processing. Staff Analysis: I) Because both SARPA and susceptible aquifer recharge areas are present on the property. "A recycling facility as defined in the code"is prohibited. 2) "Recycling center"and"Recycling collection facilities"are distinguished by waste processing activities associated with a"recycling center". 3) Jefferson County Code inconsistently refers to such facilities. For example, "recycling collection facilities"(under which the proposal was reviewed), and"recycling center"are MLA17-00025/zon17-00010 Page 8 of 19 Household Hazardous Waste Collection Station/Attendant Office listed in Chapter 18.15 Table 3-1 Jefferson County Code Allowable and Prohibited Uses. JCC 18.20.300 Recycling collection facilities and recycling centers provides performance and use-specific standards.Neither the Allowable and Prohibited Uses table nor the Performance Use Standards define a"recycling facility,"and a strict definition does not exist in Jefferson County Code; therefore the level of intensity associated with a"recycling facility" is unclear, obscuring the intent of JCC 18.22.120(1)(g). 4) This Moderate Risk Waste does not require a permit from the Health Department for operation. 5) In accordance with JCC 18.22.120(2)above,the proposal is supported by an aquifer recharge area report that includes mitigating conditions to ensure the proposal can prevent significant adverse groundwater quality impacts. The proposal is not prohibited because Recycling Facilities in(1)(g)above are not clearly and adequately defined in the code, and because the proposal,with mitigating conditions, will not negatively impact the CARA as demonstrated in the April 5, 2017 Aquifer Recharge Report submitted by Geoengineers. Future proposals will be subject to a new Critical Area review. Conditions may be added if new Critical Areas are found on the property, or if existing Critical Area conditions change. As conditioned through existing Jefferson County regulations, the proposal is consistent with Chapter 18.22, JCC. B. JCC 18.20.300 Recycling collection facilities and recycling centers (1)Recycling Collection Facilities. Recycling collection facilities provide a neighborhood drop-off point for temporary storage of recyclables but without processing thereof. The following standards apply to all recycling collection facilities: (a)Weather protection of recyclable items shall be ensured by using weatherproof containers or by providing a roof over the storage area, where necessary to avoid adverse impacts; Staff Analysis: The proposed Household Hazardous Waste Collection facility will upgrade an existing shipping container. The side profile on submitted Sheet A2.2 shows that adequate corrugated roofing will be attached.Additionally,rolling doors and cargo doors will enable operators to close the facility. The proposed concrete apron will be sloped away from the structure to ensure positive drainage. The apron will be sloped so that it is inverted in the center perpendicular to the long edge to ensure routing of potential spills to a central area for cleanup. (b) Only recyclable materials shall be collected and stored at such collection points. Except for initial sorting and bundling, all other processing of such materials shall be conducted off-site; and Staff Analysis: Recycling bins are hauled off site to the Jefferson County Transfer Station on County Landfill road for sorting prior to shipping. All processing is proposed to occur off-site. (c)All deposited material shall be contained wholly within the recycling box or facility. No litter shall be allowed to accumulate outside the recycling box or facility. The recycling box or facility shall be kept clean and free of odors or pests. Staff Analysis: The Household Hazardous Waste Collection facility is self-contained to ensure that all material will be confined to the facility. The dry sump underneath the facility will ensure no spills or material can leach into the ground.BMP's are required in accordance with the Geoengineers reports. Day-to-day maintenance of the collection site already ensures compliance. As conditioned staff finds the proposal meets the above criterion. MLA17-00025/zon17-00010 Page 9 of 19 Household Hazardous Waste Collection Station/Attendant Office C.JCC 18.10.090 I definitions "Industrial use, heavy or resource-based"means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or natural resources; a use engaged in storage of or manufacturing processes using flammable, hazardous or explosive materials; or manufacturing processes that potentially involve hazardous or commonly recognized adverse conditions Staff Analysis: Temporary storage of flammable or hazardous materials will occur at the proposed Household Hazardous Waste Collection facility and must comply with Industrial site development standards. JCC 18.20.220 Industrial uses-Standards for site development (1)All Industrial Uses. The following standards apply to all industrial uses as listed in Table 3-1, all industrial uses identified in Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations), and to those other uses determined by the administrator to be industrial uses: (a)The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply with all federal, state, and county safety, fire, structural, storage, and disposal standards. Staff Analysis: As conditioned staff finds the proposal meets the above criterion. (b)Water supplies, wastewater, and sewage disposal facilities adequate to serve the proposed use shall be provided. Industrial wastewaters shall not be discharged into an on-site septic system and are subject to waste discharge permit requirements established by the water quality program of the Washington Department of Ecology. Staff Analysis: The Department of Environmental Health reviewed the proposal and commented that the CUP was consistent with the septic system designed to serve this facility. (c)Retail sales and services incidental to a principally permitted use are allowable,provided: (i)The operations are contained within the main structure which houses the primary use; (ii)Retail sales occupy no more than 15 percent of the total building square footage; (iii)No retail sales or display of merchandise occurs outside the structure; and (iv)All products offered for retail sales on the site are manufactured, warehoused, or assembled on the premises(except for products sold at colleges or technical schools). Staff Analysis: This is not applicable to the proposal. (d)No use shall be made of equipment or material which produces unreasonable vibration,noise, dust, smoke,heat, glare, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property. Staff Analysis: As conditioned staff finds the proposal meets the above criterion. (e) Use of a county access road or private road for access to new industrial development shall be permitted only if the applicant demonstrates that public health, safety and welfare will be protected, and if traffic and maintenance impacts to the private road are minimized by conditions on the permit. Staff Analysis: Access to the site is via a US Highway. No comments were received. (f)Development standards, including parking, visual screening and landscaping requirements, shall be as specified in Chapter 18.30 JCC, Development Standards, for rural industrial uses and as specified in MLA I 7-00025/zon17-00010 Page 10 of 19 Household Hazardous Waste Collection Station/Attendant Office Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations) for urban industrial uses, except as otherwise provided for in this chapter. Staff Analysis: As reviewed below staff finds the proposal meets the above criterion. D.JCC 18.30.060 Grading and excavation standards (1) General Regulations. (a)All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties and downstream drainage channels. Staff Analysis: As conditioned staff finds the proposal meets the above criterion. (2) Drainage and Erosion Control. All grading activities shall be accomplished as follows: (a)Design and maintain adequate buffers of undisturbed native vegetation to minimize off-site impacts of surface water runoff, erosion, and sedimentation. (b)Design and construct all graded surfaces that are to be revegetated so that the graded surfaces will hold topsoil and to minimize surface runoff, erosion, and sedimentation. (c) Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and respread over all disturbed areas to be revegetated. Excess excavated material, if not retained on-site,must be disposed of at a permitted site approved by the administrator. (d)Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded immediately on completion of the project. If erosion is probable, areas with exposed soil shall be protected by temporary means during and following construction until seeding is established. All disturbances should at least be revegetated with grasses and forbs; including shrubs and trees as appropriate in the revegetation effort.Use of plant species native to the county is encouraged. (e)Natural vegetation shall be retained to the maximum extent possible in construction and operation of any use. All development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to prevent damage to adjoining property and downstream drainage channels and receiving waters. (f) Surface drainage shall not be directed to or discharged into county roads or ditches within county rights-of-way unless approved by the county engineer. (g)A drainage analysis shall be prepared if required by JCC 18.30.070. Drainage controls may be required to regulate volume,peak flow and velocities of runoff water and to control pollutants, erosion, and sedimentation if it is probable that damage could occur downstream to property or to water quality. Such controls may include landscaping or re-establishing native vegetation,ponds, catch basins, and other control structures. (h)For effective long-term weed control, it is suggested that the landowner coordinate with the county weed control board to eradicate nuisance species. (3)Best Management Practices(BMPs). BMPs from the currently adopted Stormwater Management Manual for Western Washington(SMM) (see JCC 18.30.070)or as specified by the county engineer shall be employed in the control of erosion and sediment during construction,to permanently stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Staff Analysis: The forested buffer will remain undisturbed and serve as a dispersion area for stormwater runoff The stormwater plan requires reseeding of any disturbed areas. JCC 18.30.070 does not require a drainage analysis because it is a"small"project. As conditioned staff finds the proposal meets the above criterion. MLA17-00025/zon17-00010 Page 11 of 19 Household Hazardous Waste Collection Station/Attendant Office E. 18.30.070 Stormwater management standards. All new development and redevelopment must conform to the standards and minimum requirements set by the most current version of the Washington Department of Ecology Stormwater Management Manual for Western Washington(SMM) and obtain a stormwater management permit if required by subsection (5) of this section. The administrator may require additional measures as indicated by the environmental review or other site plan review. (3)Development and Redevelopment Minimum Requirements. Development and redevelopment meeting the criteria of subsection(1)(a)of this section shall be required to control erosion and sediment during construction and to permanently stabilize soil exposed during construction. Such development shall: (a)Comply with the minimum requirements for development of small parcels in Section I-2.5 of the SMM; (b)Applicants for all development and redevelopment meeting the criteria for subsection(1)(a) of this section, except for detached single-family residences and duplexes creating or adding less than 2,000 square feet and land-disturbing activities of less than 7,000 square feet, shall prepare a stormwater site plan(or show on other diagrams being prepared for the project, if appropriate) showing: (i)Vicinity map; (ii)Location of the structure and its access; (iii)All applicable setback requirements; (iv) Location of all applicable erosion and sediment control BMPs; and (v)Existing site features and sensitive areas. Staff Analysis: The proposal adds 1,969 square feet of new impervious surface and 2,551 square feet of land disturbance and must comply with Minimum Requirement#2 of the 2014 Department of Ecology Stormwater Management Manual for Western Washington. The proposal also submitted the required stormwater site plan, which includes satisfactory erosion and sediment control BMP's. F.JCC 18.30.100 Parking (1) (a) Off-street parking shall be established prior to occupancy of any new or expanded building or before a change occurs in the use of an existing building. Parking space requirements shall be determined from Table 6-2: Recycling center 1 per 750 square feet plus 1 per employee (b)Parking for physically handicapped needs shall be provided consistent with state standards at a rate of not less than two percent of the total number of parking spaces, or a minimum of one parking space, whichever is greater. Single-family residences, including duplexes, are exempt from this requirement. Parking spaces for physically handicapped needs shall comply with ANSI 117.1-2003 (502.2 and 502.4.2). Such spaces shall be not less than 12 feet, six inches wide. Staff Analysis: There are three parking spaces proposed,two parking spaces meet Table 6-2 requirements for the 285 square foot attendant office staffed by one employee. The third parking spaces meets handicapped parking requirements for size and quantity. (3)General Off-Street Parking Construction Standards. (a)All required off-street parking shall be provided with an all-weather surface as required by the Jefferson County department of public works. MLA17-00025/zon17-00010 Page 12 of 19 Household Hazardous Waste Collection Station/Attendant Office (b)Grading work for parking areas shall meet the requirements of the International Building Code. Drainage and erosion or sedimentation control facilities shall be provided in accordance with JCC 18.30.060(2) and 18.30.070. (c)Wheel stops, striping, or similar measures are required where a parked vehicle would encroach on adjacent property,pedestrian access or circulation areas,rights-of-way, or landscaped areas. (d)Any lighting installed in parking areas shall be consistent with the requirements of JCC 18.30.140. (e) Off-street parking areas containing five or more spaces shall be landscaped according to JCC 18.30.130(6). (f)The minimum parking space and aisle dimensions for the most common parking angles are shown in Table 6-3. For parking angles other than those shown on the chart,the minimum parking space and aisle dimensions shall be approved by the county engineer. Table 6-3.Minimum Dimensions for Parking Stalls and Aisles Parking Stall Curb Stall Aisle Width(E) Unit Depth(F) Angle(A) Width(B) Length(C) Depth(D) 1-Way 2-Way 1-Way 2-Way 0 9.0 22.5 9.0 12.0 20.0 30.0 38.0 45 9.0 12.5 17.5 14.0 20.0 49.0 55.0 60 9.0 10.5 18.0 18.0 20.0 54.0 56.0 90 9.0 9.0 18.0 23.0 26.0 59.0 62.0 Staff Analysis: The two parking spaces meet dimension requirements for 90 degree angled parking at 9' long by 18' deep. However,the aisle width measuring at 24 feet will be required to be widened to 26 feet. As conditioned staff finds the proposal meets the above criteria. G. 18.30.130 Landscaping/screening. (2) General Provisions. (a) Existing trees, vegetative plantings,undisturbed open space, and/or topographic or natural features which meet or exceed these standards shall be considered to fulfill the landscaping or screening requirements of this section and any other applicable reference to these screening requirements in other sections of this code. (5) Landscaping of Interior Lot Lines. The average width or depth of perimeter landscaping along interior lot lines shall be provided as follows: (a)Fifteen feet of Screen-A landscaping shall be included in all commercial, industrial, or small-scale recreational and tourist development along any portion adjacent to a residential use or district, except as may be varied by the administrator under subsection(2)(b) of this section. (4) Landscaping Road Frontages. The average width or depth of perimeter landscaping along road frontages and required locations on private property shall be provided as follows: (a)Ten feet of Screen-B landscaping shall be provided for an industrial development. (8)Maintenance. (a)All landscaping and necessary support systems shall be maintained for the life of the project. (b)All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition. (c) Landscape areas shall be kept free of trash. [Ord. 8-06 § 1] Staff Analysis: The existing vegetation on the site is mature forest vegetation and fulfills this requirement. As conditioned staff finds the proposal meets the above criteria. MLA17-00025/zon17-00010 Page 13 of 19 Household Hazardous Waste Collection Station/Attendant Office H.JCC 18.30.140 Lighting (1) Exterior Lighting. Exterior lighting shall not exceed 30 feet in height from the finished grade for commercial and industrial uses, and 20 feet for residential uses(except when such lighting is an integral part of the building). Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. Exterior lighting shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting installed in parking areas shall be of direct cutoff design so that the source is not visible from adjacent property. Staff Analysis: As conditioned staff finds the proposal meets the above criteria. I. JCC 18.40.530 Approval criteria for all conditional uses. (1)The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as "C(a)," "C(d)" or"C") if all of the following criteria are satisfied: (a)The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; Staff Analysis: The proposed facility is located at the rural drop box site and will pose a minimal additional impact in the vicinity, which includes a gravel pit, County road shop and Fueling Station. The site is buffered by mature forest. Staff finds the proposal meets the above conditional use criterion. (b)The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; Staff Analysis: The proposed facility will be located on an existing County road accessible by the Fire District. Potable Water is provided by PUD#1 Quilcene water system. Wastewater improvements include a septic tank and a transport line to the existing septic system on the adjacent county parcel to the east. Stormwater controls are adequate. Staff finds the proposal will be served by adequate infrastructure. (c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; Staff Analysis: No comments were received from adjacent property owners. The proposed facility is benign, will not produce additional noise, or other impacts that would considered materially detrimental. Staff finds the proposal meets the proposal meets criterion. (d)The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Staff Analysis: The site produces moderate impacts to noise, dust, fumes, odors,vibrations,and outdoor lights due to the Household Hazardous Waste Collection and Retrieval activities. Setbacks from property lines and the forested buffer effectively block any disturbance generated from solid waste operations. The proposal will not introduce noise, smoke, dust, fumes, MLA 17-00025/zon17-00010 Page 14 of 19 Household Hazardous Waste Collection Station/Attendant Office vibrations, odors,that would unreasonably affect existing uses in the vicinity of the subject parcel. Staff finds the proposal meets the proposal meets criterion. (e)The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; Staff Analysis: The proposal will not block views or interfere with other uses in the vicinity. Staff finds the proposal meets the above criterion. (f)The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; Staff Analysis: The site is operated on a part-time basis Monday, Wednesday, and Friday afternoons as well as all day Saturday. Parking is provided onsite. Customers also can drive to the respective part of the site to unload waste. Three new parking spaces are provided. No pedestrian traffic is proposed. Staff finds the proposal meets the above criterion. (g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; Staff Analysis: As conditioned staff finds the proposal meets the above criterion. (h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; Staff Analysis: No airports are near the proposed site. The proposed facility will not result in the siting of an incompatible use adjacent to an airport or airfield. (i)The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; Staff Analysis: Staff finds the proposal will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval. (j)The conditional use has merit and value for the community as a whole; Staff Analysis: The project is a public purpose facility. The proposal will provide the community with a facility to dispose household waste such as fluorescent lighting, oils and anti-freeze properly and in the same location as the recyclable materials collection. This project will enhance convenience to the community and streamline county waste collection operations. (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and Staff Analysis: As reviewed under Section 1 of this staff report, staff finds the proposal is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan. MLA17-00025/zon17-00010 Page 15 of 19 Household Hazardous Waste Collection Station/Attendant Office (1)The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Staff Analysis: Staff finds the public interest will not suffer substantial detrimental effects that cannot be mitigated through conditions of approval. J. JCC 18.40.570, Additional Conditions states, "The County may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public." Staff Comment: No unmitigated adverse impacts have been identified. As conditioned, the proposal is consistent with this criterion. K. JCC 18.40.580, Use of Property Before Final Decision states, "No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective." Staff Comment: As conditioned,the proposal is consistent with this criterion. L.JCC 18.40.590,Effective Period—Expiration states the following: a. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three (3)years of the effective date (the date of the decision granting the permit)of the permit unless the permit approval provides for a greater period of time. b. Extensions to the duration of the original permit approval are prohibited. c. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Staff Comment: As conditioned, the proposal is consistent with this criterion. M. JCC 18.40.600, Modification of a Conditional Use Permit states, "The county may modify an approved conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. A modification will be processed as a Type II land use decision pursuant to JCC 18.40.270 of this Code." Staff Comment: As conditioned,the proposal is consistent with this criterion. N. JCC 18.40.610, Conditional Use Permit to Run with the Land states, "A conditional use permit granted under this JCC 18.40 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit." Staff Comment: As conditioned,the proposal is consistent with this criterion. 0.JCC 18.40.620,Permit Suspension or Revocation states, "The County may suspend or revoke an approved conditional use permit pursuant to JCC 18.50 of this Code only upon finding that: a. The use for which the approval was granted has been abandoned for a period of at least one (1)year; b. Approval of the permit was obtained by misrepresentation of material fact; or MLA17-00025/zon17-00010 Page 16 of 19 Household Hazardous Waste Collection Station/Attendant Office c. The permit is being exercised contrary to the terms of approval." Staff Comment: As conditioned,the proposal is consistent with this criterion. I. JCC 18.40.630, Assurance Device states, "In appropriate circumstances, the Administrator may require a reasonable performance or maintenance assurance device, in a form acceptable to the county prosecutor, to assure compliance with the provisions of this Code and the conditional use permit as approved. " Staff Comment: None have been identified or required. The proposal is consistent with this criterion. RECOMMENDED CONDITIONS 1. A Building permit application(BLD17-00193 for the shipping container collection unit and emergency shower,BLD17-00194 for the new attendant office)shall be required for construction of the proposed facility. 2. The proposal shall comply with the recommendations of the revised Aquifer Recharge Report submitted by Geoengineers Inc dated June 9,2017. 3. Secondary containment shall be required for all hazardous material storage areas that can contain 110%of the amount of material stored.JCPH Solid Waste requires secondary containment for all hazardous material storage areas that can contain 110%of the amount of material stored. Containment shall be impervious, compatible with the materials stored, and under cover. 4. Facility operations shall comply with WAC173-350 and JCC 8.10.305(6)(iv)and the operating permit for the facility,under Solid Waste Facility Permit#SWF14-00007 issued by Jefferson County Public Health. 5. Secondary containment pallets for the oil and anti-freeze drums shall be retained on-hand, as well as any spill containment and cleanup materials clearly labeled and easily accessible. 6. Only recyclable materials shall be collected and stored at the subject collection point. Except for initial sorting and bundling, all other processing of such materials shall be conducted off-site. 7. All deposited material shall be contained wholly within the recycling box or facility. No litter shall be allowed to accumulate outside the recycling box or facility. The recycling box or facility shall be kept clean and free of odors or pests. 8. The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply with all federal, state, and county safety, fire, structural, storage, and disposal standards. 9. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, heat, glare, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property. 10. The proposal shall comply with the Stormwater Plan submitted and approved by the Department of Community Development. During any construction necessary under the building permit as a MLA17-00025/zon17-00010 Page 17 of 19 Household Hazardous Waste Collection Station/Attendant Office result of review and compliance with the building code, the proponent shall implement temporary erosion and sedimentation control BMPs as necessary to ensure that sediment does not leave the site. Prior to final approval,the proponent shall stabilize all disturbed soils. 11. Source control best management practices such as plastic covering, mulch, temporary seeding, and phased clearing (for example) should be used to control erosion during any necessary construction. More examples of effective source control Best Management Practices can be found in the Washington Department of Ecology's Stormwater Management Manual for Western Washington(2014). 12. Parking for physically handicapped needs shall be provided consistent with state standards at a rate of not less than two percent of the total number of parking spaces, or a minimum of one parking space, whichever is greater. Single-family residences, including duplexes, are exempt from this requirement. Parking spaces for physically handicapped needs shall comply with ANSI 117.1-2003 (502.2 and 502.4.2). Such spaces shall be not less than 12 feet, six inches wide. 13. All required off-street parking shall be provided with an all-weather surface as required by the Jefferson County department of public works. 14. A minimum of 15-feet of Screen A landscaping shall be maintained along interior lot lines. A minimum of 10-feet of Screen B landscaping shall be maintained along US Hwy 101 road frontage. 15. All landscaping and necessary support systems shall be maintained for the life of the project. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition. Landscape areas shall be kept free of trash. 16. Exterior lighting shall not exceed thirty(30) feet in height from the finished grade for commercial and industrial uses. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. Exterior lighting shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting installed in parking areas shall be of direct cutoff design so that the source is not visible from adjacent property. 17. No sign shall hereafter be erected or used for any purpose or in any manner except as permitted by JCC 18.30.150. 18. Maximum building height is 35 feet. 19. The conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three(3)years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time. 20. Extensions to the duration of the original permit approval are prohibited. 21. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. MLA 17-00025/zon17-00010 Page 18 of 19 Household Hazardous Waste Collection Station/Attendant Office 22. The county may modify an approved conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. A modification will be processed as a Type II land use decision pursuant to JCC 18.40.270, or may be process as a Type I permit approval under JCC 18.40.530(4) of this Code. 23. The conditional use permit shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. 24. The county may suspend or revoke the conditional use permit pursuant to JCC 18.50 of this Code only upon finding that: a. The use for which the approval was granted has been abandoned for a period of at least one (1)year; b. Approval of the permit was obtained by misrepresentation of material fact; or c. The permit is being exercised contrary to the terms of approval. 25. In appropriate circumstances, the Administrator may require a reasonable performance or maintenance assurance device, in a form acceptable to the county prosecutor, to assure compliance with the provisions of this Code and the conditional use permit as approved. Prepared by Project Planner, Emma Bolin, June 26, 2017. MLA17-00025/zon17-00010 Page 19 of 19 Household Hazardous Waste Collection Station/Attendant Office