Staff Report. Conditional Use Permit: Williams Tree and Stump Removal. Application Number: Tax Parcel Numbers:

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1 Pierce County Department of Planning and Land Services, 2401 South 35th Street, Tacoma, WA (253) Staff Report Conditional Use Permit: Williams Tree and Stump Removal Application Number: Ta Parcel Numbers: Gig Harbor Peninsula Advisory Commission: July 27, 2016, at 6:30 p.m., at the City of Gig Harbor, Southeast Entrance, Community Room A, 3510 Grandview Street, Gig Harbor, WA Eaminer s Hearing: August 17, 2016, at 9:00 a.m., at the Pierce County Public Services Building, South Entrance, Public Meeting Room, 2401 South 35 th Street, Tacoma, WA Proposal: Operate a home based tree service business (also called Cottage Industry 2 ). The business consists of: Parking for three trucks on the site near the eisting second detached 1,728-square foot garage/shop. Parking of three cars on the site (primarily in the evening). A bay inside the eisting 1,728-square foot detached garage/shop used for truck maintenance. A 400-square foot office for the business in the eisting 1,404-square foot single-family home. Project Location: The 3.2-acre residential parcel is zoned Rural 10 (R10), is within the Gig Harbor Community Plan area, and located at th Avenue NW, Gig Harbor WA, within the NE ¼ of Section 21, T22N, R2E, W.M., in Council District #7. Staff Recommendation: County staff has reviewed the proposal for compliance with all applicable policies, codes, and regulations. The County finds the proposal can be approved to be consistent with Pierce County Comprehensive Plan. Staff recommends approval of the proposal subject to the conditions listed at the end of this report. State Environmental Policy Act (SEPA): SEPA review is not applicable to this proposal. County Contact: Ray Hoffmann, Associate Planner, rhoffm3@co.pierce.wa.us Pierce County Online Permit Information: Page 1 of 11

2 Application Data Application Complete Date: April 28, 2016 Staff Report Sent: July 20, 2016 Applicant: Agent: Michael Williams rd Street NW Gig Harbor, WA Carl Halsan Halsan Frey Associates PO Bo 1447 Gig Harbor, WA Public and Legal Notice May 5, 2016: Notice of Application was sent to property owners within a radius of 300 feet, but not less than two parcels deep, around the eterior boundaries of the subject property. June 1, 2016: Public Notice sign was posted on the site, confirmed with an Affidavit of Posting. June 27, 2016: Public Notice of the Gig Harbor Peninsula Advisory Commission (PAC) meeting and the Eaminer s hearing was sent to property owners within a radius of 300 feet, but not less than two parcels deep, around the eterior boundaries of the subject property. July 20 and 21, 2016: Legal notices were published in the official County newspaper (The News Tribune) and the Peninsula Gateway newspaper, advertising the public meeting to be held by the PAC and hearing to be held by the Pierce County Hearing Eaminer. Report Summary The proposal requires approval of Conditional Use Permit (CP) for Cottage Industry Level 2 in the Rural 10 (Gig Harbor Community Plan) zone. The project meets the criteria for obtaining a Cottage Industry Level 2. Additional permits may be required for outbuildings to function in a commercial capacity. Staff finds that with the appropriate permits, health, welfare, and safety requirements will be met. Staff has determined that the project can be conditioned to meet the Conditional Use criteria; most notably reducing noise impacts to adjacent properties. Should the project be approved (in part or in whole), the applicants must comply with all applicable provisions of the Pierce County regulations and conditions of approval required by the Hearing Eaminer. Page 2 of 11

3 Site Description The following site characteristics were noticed during the project review process and staff site inspection on July 8 of 2016: The project site is a rectangular shaped 3.23-acre parcel, surrounded by improved residential lots of varying sizes to the north, south, and east. The proposed project area and the applicants residence is on the western 1.2 acres. A condominium action has been placed on the parcel to separate the second residence (accessory dwelling unit) on the remaining acreage. The site has some rolling topography. A geotechnical assessment was approved on May 9, 2008, and no critical slopes found. The project area contains no critical areas. The property contains a single-family residence, detached garage, 1,728-square foot shop, riding arena, and a large staging area. The site has been largely cleared, but some conifer trees and shrubs areas remain along a large section of the north property line and a small section in the southeast corner. Access for the business consists of a private driveway off of 14 th Avenue NW. Surrounding Land Use and Zoning Designation Direction Land Use Zoning North Single family residences and a vacant parcel Rural Ten (R10) South One and two family single family residences R10 East Single family/density open space R10 West Single family residence R Aerial Photo Page 3 of 11

4 Site Plan 1,728 sq. ft. shop Condominium line Property Line Setbacks: Based on the submitted site plan dated April 28, 2016, the applicants are not asking for any variation to the required front (25 feet), side (10 feet), and rear yard (30 feet) setbacks listed in PCC Title 18A The rear (east) property line is located further east of the condominium line depicted on the submitted site plan. A condition of approval states that no vehicle or equipment shall be allowed within 50 feet of any property line or condominium line. Comments from other Agencies and Public Comments received on this proposal are available on our website by following the link on page 1. The substance of these comments are reflected, where appropriate, in the conditions, which conclude this staff report. Of note: Agencies: A memo, dated May 24, 2016, was prepared by Chuck Hendricksen, Development Engineering, with comments regarding storm drainage and access. Page 4 of 11

5 Public: Letters were received on: May 31, 2016, from Sherry Grogan June 1, 2016, from Richmond North Homeowners Association May 31, 2016, from Diane Griffith May 28, 2016, from John Campopiano May 25, 2016, from Bill Stults and Barbara Busby These citizens (with residences nearby) have common concerns with: Noise generated by trucks in the form of traffic, idling, dumping, and maintenance. Noise generated by saws and wood chippers, and employee shouting. Ecessive dust created by truck traffic and dumping materials. Governing Regulations Title 19A, Comprehensive Plan January 1, 1995, as amended Title 19B, Gig Harbor Community Plan March 12, 2002 Title 18A, Development Regulations Zoning June 8, 2015 Title 18E, Critical Areas June 8, 2015 Title 18J, Design Standards June 8, 2015 Title 17A, Construction and Infrastructure Regulations June 8, 2015 Staff Review for Consistency with Land Use Policies and Regulations (also see checklist for regulatory compliance): County Comprehensive Plan and Community Plan - Title 19A The project complies or can be conditioned to comply with all applicable policies and objectives of the Pierce County Comprehensive Plan. There are no specific policies on Cottage Industries. Gig Harbor Community Plan The only direct reference to Home Occupations is found in the recently adopted changes to the Gig Harbor Plan in Ordinance Appendi E: SHORT TERM ACTIONS 1. Write implementing regulations that allow home occupations throughout the Gig Harbor Peninsula. (GHPCPB, PALS) Staff Comment: Title 18A currently allows Home Occupations and Cottage Industries Countywide with approval of the applicable permits. The action item listed above is intended to eventually write specific regulations regarding home occupations for the Gig Harbor Peninsula Plan area. Title 18A, Development Regulations - Zoning The project complies with all applicable zoning regulations and setbacks. A Cottage Industry is allowed in the R10 zone with approval of a Conditional Use Permit and compliance with the Cottage Industry Level 2 standards outlined in 18A See also Project Checklist for Regulatory Requirements for a detailed code analysis. Page 5 of 11

6 Title 18A , Conditional Use Criteria The project can be conditioned to meet all of the conditional use criteria (listed in Appendi A ). The project will be compliant with codes related to Health, Safety, and Welfare. The project will need to retain all required Site Development, Building permits/occupancies, and Health Department permits. In order to comply with finding a.(3), a perimeter vegetation buffer is recommended as a condition of approval along the property/condominium lines where ecessive noise may travel to adjacent residences. Title 18A, K, Home Occupation and Cottage Industry The site is under 5 acres, thus only half the size of the residence may be used for the business. The applicant proposes a 400-square foot office, and one bay for truck maintenance inside the detached 1,728-square foot shop (limited to the remaining 300 square feet). The proposal will meet the maimum number of employees and maimum vehicle provisions. An L3 buffer and F1 fencing is required and both must meet the standards outlined in 18J See also conditions of approval that address this requirements. The tree service business as a Cottage Industry II shall adhere all provisions of Section 18A K.1.a. through I and 18A K.4. a. through g., which are listed in Appendi B: Title 18J, Design Standards The site is subject to the tree conservation requirements in PCC18J.15. Enough trees will be retained and planted to meet the required number of tree credits. Because the business is associated with a single-family residence, an Administrative Design Review is not required. Staff Recommendation Staff requests approval of the Conditional Use Permit as the project can meet the criteria outlined in Title 18A Staff requests that conditions be placed on the project with regard to sound attenuation and visual screening. Adequate vegetation buffers and fencing along the property lines of the affected adjacent parcels are recommended conditions of approval. Should the project be approved (in part or in whole) by the Eaminer, the applicants must comply with all applicable provisions of Federal, State, Local regulations and the conditions of this staff report. Page 6 of 11

7 Regulatory Requirements: Pierce County Building Division: 1. All requirements of the Pierce County Building Department must be met prior to the issuance of building permits/occupancy for this proposal. Pierce County Current Planning: 2. Any proposed on-site and off-site signs shall be regulated, installed, and designed in accordance with the Pierce County Sign Code, Chapter 18B, Pierce County Code. 3. Off-street parking shall be established and all parking shall conform to the space, size, and layout requirements of Section 18A This project is subject to all ordinances, community plans, and regulations in effect at the time of Conditional Use Permit application. Pierce County Fire Prevention Bureau: 5. At time of application for building permit, the Fire Prevention Bureau will review for any additional applicable code requirements. Development Engineering: 6. A storm drainage plan must be submitted to the Development Engineering Section as part of the site development plans. The drainage plans shall be in accordance with Ordinance S, Title 17A, Construction and Infrastructure Regulations Site Development and Stormwater Drainage. 7. Any new or eisting access must be accurately depicted on the applicable plan and submitted to the Development Engineering Section for review and approval. The following information must be provided on the plans: Distance from the proposed approach to the nearest side street, approach, or intersection (including the opposite side of the street). Spot elevations at the edge of the eisting pavement and measured distance from right-of-way line to eisting edge of pavement. Any aboveground utilities within 50 feet of the approach. Standard Pierce County detail and all applicable approach dimensions. 8. All private/public roads within and providing access to this plat must conform to Ordinance S, Title 17B, Construction and Infrastructure Regulations Road and Bridge Design and Construction Standards. Page 7 of 11

8 Recommended Conditions of Approval: Planning: 9. The hours of operation shall be limited to 7 a.m. to 7 p.m. 10. No vehicles associated with the business (including employee parking) shall be located within 50 feet of any property or condominium line. 11. A landscape plan shall be submitted and approved for an L3 20-foot wide perimeter vegetation buffer along all perimeter property lines (must be compliant with 18J ). The landscape plan shall be prepared by a licensed landscape architect or nursery professional and contain dense shrubs of planting size to form a dense screen within a two year period. The plan shall include an irrigation and monitoring element. Eisting natural vegetation may be used in conjunction with new proposed plantings. Landscaping must be installed prior to obtaining occupancy for business activities inside the 1,728-square foot shop. 12. Prior to building permit approval, final development plans and landscape plan shall be submitted to the Planning and Land Services Department for review and approval within twelve (12) months of the effective date of the approval of this request. Failure to submit said plans shall automatically render all approvals granted herein null and void. Final development plans (to scale) shall include, but not be limited to, site plan, screening plan, structures, and parking/staging area. 13. Completion or substantial progress toward completion of the approved project shall occur within one (1) year of the approval of final development plans, or all approvals granted herein shall automatically become null and void. 14. The north, south, east and west property lines shall retain the eisting perimeter solid board (6 feet high) F1 fencing (see also 18J ) and construct any additional fencing where needed to provide a continuous fence line (ecept for the eisting home and detached garage). All fencing shall be maintained in good condition for the life of the project. 15. Operation of the Cottage Industry II shall be limited to 304 square feet within the detached 1,728-square foot garage/shop and 400 square feet (office) inside the residence. 16. Prior to release of building permits/occupancy for the business, the applicant shall obtain an application for an Accessory Element Inspection to ensure compliance with required landscaping and fencing. Page 8 of 11

9 Project Checklist for Regulatory Compliance Conditional Use Permit Williams Tree and Stump Removal Application No Parcel No Title 18A Development Regulations Zoning Does project PCC Section comply? Comments Yes No N/A Ch. 18A.15 Residential Density and Lot Dimension 18A Residential Density 18A Lot Dimension 18A Setback and Height Ch. 18A.17 18J.31 Use Table Cottage Industry 2 Conditional Use Ch. 18A.33 Use Category Descriptions Ch. 18A.35 Parking On-site parking Ch. 18A K Cottage Industries Requires approved screening plan Ch. 18A.75 Use Permits Ch. 18A Conditional Use Permits Required findings appendi A Title 18D Development Regulations - Environmental Does project PCC Section comply? Comments Yes No N/A Ch. 18D.20 Eemptions Ch. 18D.40 Environmental Review Title 18E Development Regulations Critical Areas Does project PCC Section comply? Comments Yes No N/A Ch. 18E.10 General Provisions Ch. 18E.30 Wetlands Ch. 18E.40 Regulated Fish and Wildlife Species and Habitat Conservation Areas Ch. 18E.50 Aquifer Recharge and Wellhead Protection Areas Ch. 18E.70 Flood Hazard Areas Ch. 18E.80 Landslide Hazard Areas Ch. 18E.110 Erosion Hazard Areas Page 9 of 11

10 APPENDIX A CONDITIONAL USE REQUIRED FINDINGS PCC18A Required Findings. The Eaminer may use Design Standards and other elements in this Code to modify the proposal. A Conditional Use Permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record: a. That the granting of the proposed Conditional Use Permit will not: (1) be detrimental to the public health, safety, and general welfare; (2) adversely affect the established character and planned character of the surrounding vicinity; nor (3) be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. b. That the granting of the proposed Conditional Use Permit is consistent and compatible with the intent of the goals, objectives and policies of the County's Comprehensive Plan, appropriate Community Plan (provided that, in the event of conflict with the Comprehensive Plan, the Comprehensive Plan prevails), and any implementing regulation. c. That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced. d. That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community from such hazard. e. That the conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services. f. That the Level of Service standards for public facilities and services are met in accordance with concurrency management requirements. Page 10 of 11

11 APPENDIX B HOME OCCUPATIONS AND COTTAGE INDUSTRIES PCC18A K K. Home Occupation and Cottage Industry provided the following standards are met. 1. General Standards. These general standards apply to all home occupation and cottage industries: a. The activity shall not create noticeable glare, noise, odor, vibration, smoke, dust, heat, or cause interference with radio or television receivers at or beyond the property lines; b. Activities shall be performed completely inside the residence, an accessory structure, or a combination of the two; c. Structures used for a cottage industry shall comply with building and fire code requirements for permits, occupancy, and inspection; d. The activity shall be clearly incidental and secondary to the residential use of the property and shall not change the residential character of the dwelling or neighborhood; e. Manufacturing shall be limited to the small-scale assembly of already manufactured parts but does not preclude production of small, individually handcrafted items, furniture, or other wood items; f. Customers and clients are allowed between the hours of 6 a.m. and 9 p.m. and sales in connection with the home occupation are limited to merchandise handcrafted on site or items accessory to a service (i.e., hair care products for beauty salon); g. Signage is regulated by Title 18B PCC, Development Regulations Signs; h. Off-street parking shall include one space per non-resident employee and one for each related vehicle (unless the employee drives the cottage industry vehicle only) in addition to the parking required for the single-family residence according to PCC 18A , Off-Street Parking; and i. Use of hazardous materials or equipment must comply with the requirements of the Uniform Building Code and the Uniform Fire Code. 4. Cottage Industry Level II may be allowed in rural zones only upon issuance of a Conditional Use Permit (CUP) and compliance with the following standards: a. The cottage industry shall be limited to 1,500 square feet or a size equivalent to 50 percent of total floor area of the living space within the residence, whichever is less. Properties which are 5 acres or greater may eceed this requirement at the Eaminer's discretion; b. Four non-resident employees are allowed; c. Three 18,000 pounds gross vehicle weight vehicles and one vehicle in ecess of 18,000 pounds gross vehicle weight are allowed; d. Activities and outside storage of materials and equipment are allowed provided the site is sufficiently screened; e. Activities involving outdoor events, such as wedding facilities, shall be limited to si outdoor events per year, with no more than one event per month; properties which are greater than 10 acres in size may eceed this standard at the Hearing Eaminer's discretion; f. Outside material and vehicle storage shall be screened from neighboring residential dwellings with a Level 3 landscape buffer and F1 fencing. See PCC 18J for landscape and fence buffer standards; and g. A Level 3 landscape buffer shall be provided between cottage industry activities and neighboring residential dwellings. See PCC 18J for landscape buffer standards. Page 11 of 11