HomeMy WebLinkAboutMinutes 01/13/1993
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AGENDA
PORT ANGELES PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
Regular Meeting
January 13, 1993
7:00 P.M.
I. CALL TO ORDER
IT. ROLL CALL
m. APPROVAL OF MINUTES: Meeting of December 16, 1992
IV.
PUBLIC HEARINGS:
1. REZONE REQUEST - REZ 93(01)01 - RALSTON. Park and PoTter
Streets: Request for a rezone of approximately 4.5 acres from RS-9,
Residential Single-Family, to RS-7, Residential Single-Family.
2. FINAL SUBDIVISION APPROVAL - PETREE - PEACHTREE
ESTATES. between Eighteenth and Sixteenth and Butler and "0" Streets:
Request for final approval of phase 1 (consisting of Lots 7 through 32) of
a preliminarily approved subdivision in the RS-9, Residential Single-
Family District.
3. ZONING CODE AMENDMENT - ZCA 92(12)05. CITY OF PORT
ANGELES. Housekeeping Measures: Amendment to City regulations
contained in the zoning, subdivision, parking and sign ordinances which
are of a housekeeping or minor nature.
4.
ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT
ANGELES. Retail Stand Regulations: Amendment to the City's retail
stand locational and dimensional standards.
Planning Commission: Cindy Souders, Chairman; Larry Leonard; Bob Winters; Roger CallS; Bob Philpott; Ray Gruver; William Anabel.
Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; John Jimerson, Associate
Planner.
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Planning Commission Agenda
Page 2
V. COMMUNlCA TIONS FROM THE PUBLIC
VI. REPORTS OF THE COMMISSION
VII. STAFF REPORTS
vm. ADJOURNMENT
PUBLIC HEARING PROCEDURE:
Spokesmen for the proponents and opponents will be given an opportunity to speak to the
request. Information submitted should be factual, relevant and not merely duplication of a
previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others
shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed
to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional
public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents
heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall
be limited to factual statements pertaining to previous testimony. Comments should be directed
to the Planning Commission, not the City Staff representatives present, unless directed to do so
by the Chairman.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington
January 13, 1993
CALL TO ORDER
Chairwoman Souders called the meeting to order at 7:00 P.M.
ROLL CALL
Members Present: Bob Philpott, Bill Anabel, Bob Winters, Larry Leonard, Cindy
Souders, Ray Gruver and Roger Catts
Staff Present: David Sawyer, John Jimerson, Ken Ridout, Bruce Becker
APPROV AL OF MINUTES
Commk~ioner Philpott moved to approve the minutes of the December 16, 1992, meeting,
correcting the time of adjournment, which was at 8:30 P.M. The motion was seconded by
Commissioner Anabel and passed 6-0, with Commissioner Gruver abstaining.
PUBLIC HEARINGS
REZONE REQUEST - REZ 93(01)01 - RALSTON. Park and Porter Avenues: Request
for a rezone of approximately 4.5 acres from RS-9, Residential Single Family, to RS-7,
Residential Single Family.
John Jimerson reviewed the Department Report.
Chairwoman Souders opened the public hearing.
John Ralston, 850 Church Street, stated he accepts the staff recommendation to rezone lots 1-4
only, excluding lot 17. Rezoning the property to RS- 7 would allow him to avoid creating dogleg
lots, as the RS-7 lot width standards are less restrictive. He explained the dimensional
. charact~ristics of the.property.and.how.1otsthat are 63 feet wide instead of 75 feet wide can be
better accommodated. He plans to create 16 lots, with an average lot size of 9,500 square feet.
In response to a question from Commissioner Catts, Mr. Ralston acknowledged that he was
aware of the street improvements that are likely to be required as he subdivides the property.
Commissioner Leonard asked if there is a wetland on lots 1-4. Mr. Ralston stated he hired a
wetlands expert. who determined there is no wetland. David Sawyer added that he had not
Planning Commission Minutes
January 13, 1993
Page 2
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specifically tested lots 14 for wetlands, but based on his review of the adjacent lot 17, he did
not believe there is a wetland on those lots.
Jo Breitbach, 1044 Grant, stated lot sizes in the vicinity should not be allowed less than 9,000
square feet. It should remain as a suburban neighborhood.
Curt Sauer, 1027 Grant A venue, stated he lives west of the site. He is concerned with the fact
that the area suffers from drainage problems which may be exacerbated with an increase in
impervious surface area. There is a ditch between Grant and Park Avenues which is inadequate
to handle the existing stormwater. There has been an increase in the volume and duration of
storm water runoff. His neighbor, at 1037 Grant Avenue, could not make it to the meeting and
asked Curt to state that she shares his concerns with the drainage. It doesn't make sense to
justify the rezone by initiating another rezone north of the property. He believes the close
proximity of residential uses to the substation creates an environmental health hazard. If the
City approves this rezone, it will set the stage for further rezones to RS-7. He disagreed with
the Oetennination of Non-Significance, the City needs to consider the cumulative impact on
wildlife and wetlands.
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James Jacobs, 1002 E. Park, said he was not permitted build a house because he did not have
an additional 9,000 s.f. of lot area. There is a drainage problem in the area and his property
receives the stormwater. The sewers are inadequate. He expressed concern that infrastructure
improvements are needed. It is not right for existing residents, many of whom are retired, to be
forced to pay for improvements to allow developers to build new projects.
In response to questions from the Commission, Ken Ridout stated that drainage plans will be
required prior to development. Post development runoff shall not exceed pre-development
runoff. BP A has installed an oversized storm sewer which the City can tap into.
Monty Lannoye, 1105 E. Park, stated he is concerned with the lack of sidewalks in the
vicinity. Park Avenue is narrow and there is no place to walk. He too is concerned there isn't
enough sewer capacity. In response to a question, he stated he would support an L.I.D. for
sidewalks. He added that Public Works takes traffic counts every year after the schools are out.
The counts therefore understate the volumes that occur during the year.
There being no further public testimony, Chairwoman Souders closed the public hearing.
Chairwoman Souders asked if a variance could be granted to allow a reduction in lot width
rather than rezoning the property. John Jimerson responded that lot widths may be reduced with
a variance. The applicant had approached the Planning Department about a variance. The
Planning Department informed him that they didn't believe the variance could be justified, as
there are no special circumstances which deprive him of normal property rights, and because a
variance would likely constitute a special privilege. The applicant chose to apply for a rezone.
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Commissioner Leonard stated that approval of 7,000 s.f. lots is consistent with the intent of the
Growth Management Act as it encourages the development to occur within the urban growth
areas.
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Planning Commission Minutes
January 13, 1993
Page 3
Commissioner Winters moved to recommend the City Council approve the rezone request
from RS-9 to RS-7 on Lots 1-4, Block 1, Highland View Acre Tracts, and to deny the
request to rezone Lot 17, Block 1, Highland View Acre Tracts, citing the foUowing fmdings
and conclusions:
Findings:
1. The request is to rezone Lots 1-4 and 17, Block 1, Highland View Acre Tracts
from single family residential RS-9 to single family residential RS-7.
2. The site is identified as suburban residential which encourages single family
development on lots ranging in size from 9,000-14,000 square feet. A number
of Goals, Policies and Objectives have been identified as being most relevant to
the request. They include Goals nos. 1, 3 & 5; Residential Policies Nos. 2, 4,
5, 11 & 19; Circulation Policy No.3; Social Objectives Nos. 1, 2 & 3; and
Land Use Objectives Nos. I, 2, 4, 5, 6 & 7.
3. Surrounding land uses include a convalescent center and vacant property to the
north, single family homes to the south and west, and a BP A substation to the
east.
4.
There is a variety of lot sizes in the vicinity, ranging from 9,000 s.f. to one acre.
5. Lot 17 is bounded on the west and east by lots developed for RS-9 and the south
by developed lots which range in size from .22 to .50 acres.
6. A Determination of Non-Significance was issued on December 15, 1992 by the
City of Port Angeles SEPA Responsible Official.
7. The site is not contiguous to any existing RS-7 zoning.
Conclusions:
A. The rezone of Lots 1-4 is in the public use and interest and is compatible with the
surrounding zoning. The rezone of Lot 17 would be inconsistent with the large
lot development surrounding it on three sides.
B. The rezone of Lots 1-4 is consistent with the Comprehensive Plan Goals, Policies
and Objectives identified in Finding #2 above. The rezone of Lot 17 would be
inconsistent with Land Use Objectives 2 & 6 and Social Objective No.2.
C.
Circumstances have changed since the property was zoned RS-9. The
convalescent center has begun expansion toward Park A venue. Many of the one
acre lots in the vicinity have been further subdivided and developed on lots as
small as 9,000 s.f.
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Planning Commission Minutes
January 13, 1993
Page 4
The motion was seconded by Commissioner Leonard and passed 7-0.
Commissioner Winters moved to initiate rezone proceedings for those properties north of
the site, between Park A venue and Lauridsen Boulevard from RS-9 to RMD. The motion
was seconded by Commissioner Gruver and passed 7-0.
FINAL SUBDIVISION APPROVAL - PETREE- PEACH TREE ESTATES. between
Eighteenth and Sixteenth and Butler and "0" Streets: Request for final approval of Phase
1, of a preliminarily approved subdivision in the RS-9, Residential Single Family
District.
John Jimerson reviewed the Department Report. He noted the applicant has modified the
request, making Phase 1 consist of Lots 14-26.
Chairwoman Souders opened the public hearing.
Ken Clark, 1007 N. 5th Avenue, Sequim, explained the reason for changing the phasing is the
cost of doing the required improvements. By reducing the number of lots in the first phase, they
can reduce the cost of improvements necessary. Even though the first phase consists of only 13
lots, they will be installing 80% of the drainage facilities and 100% of the sewer facilities
needed to serve the entire 32 lot subdivision. Bonding for all improvements will be in place by
the time the Council reviews the proposal.
Commissioner Winters asked when the improvements will be done. Ken Clark responded that
they are ready to resume construction as soon as the weather improves. Once they begin, it will
take about 60 days.
There being no further public testimony, Chairwoman Souders closed the public hearing.
Commissioner Leonard moved to recommend the City Council approve the imal plat for
Phase 1 which consists of Lots 14-26, subject to the following conditions, and citing the
following findings and conclusions:
1. The Pinal Plat shall be amended prior to approval by the City Council as follows:
A. The location of the required fire hydrants shall be shown on the plat.
B. The lot area of each lot shall be shown on the final plat or on a separate report.
C. Show a utility easement along the north property line of Lot 23.
D.
Clearly identify those streets that are being dedicated to the City.
E.
The note on Sheet 2 which refers to bonding and occupancy shall be modified to
be consistent with Section 16.08.060(14) by deleting the reference to Section 7
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Planning Commission Minutes
January 13, 1993
Page 5
in the subdivision ordinance.
F.
Show the true north on the plat.
2. All roadway and utility improvements for lots 14 through 26 shall be installed prior to
City Council approval except that the applicant may provide a financial guarantee that
any improvements not constructed will be constructed within one year of the final plat
approval. No occupancy of any dwelling units will be allowed until all roadway and
utility improvements have been completed and approved by the City Engineer.
Findings:
1. The City Council approved the preliminary plat of the 32 lot "Peach Tree
Subdivision" on November 3, 1992.
2. The Planning Commission and City Council made conclusions that the plat was
consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision
Ordinance.
3. The applicant submitted for final plat approval on December 14, 1992.
4.
A bond in lieu of roadway and utility improvements has been provided. Those
improvements to be bonded for include.... Those improvements that have been
completed prior to the City Council approval include...
5. The final plat has been reviewed with respect to conformance with the
preliminary plat approval and the subdivision ordinance.
Conclusions:
A. As conditioned, the final plat is in conformance with the preliminary plat
approval.
B. The final plat has not changed in any manner so as to result in inconsistencies
with the Comprehensive Plan and Zoning Ordinance.
C. As conditioned, the final plat is in conformance with the City's Subdivision
- ..Ordinance.
The motion was seconded by Commissioner Catts and was approved 7-0.
John Jimerson noted that the details were intentionally left out of Finding no. 4 until they are
finalized. The finding will be completed prior to action by the City Council.
The Planning Commission took a break at 8:40 PM and reconvened at 8:50 PM.
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Planning Commission Minutes
January 13, 1993
Page 6
ZONING CODE AMENDMENT. - ZCA 92(12)05 - CITY OF PORT ANGELES.
Housekeeping Measures: Amendment to City regulations contained in the zoning,
subdivision, parking and sign ordinances which are of a housekeeping or a minor nature.
John Jimerson noted the staff report provides an overview of the changes recommended in the
attached ordinances.
Chairwoman Souders opened the public hearing. There being no public testimony, she then
closed the public hearing.
The Planning Commission identified a few minor modifications to the ordinances. Most of the
discussion was concerned with the treatment of political signs. Commissioner Leonard moved
that political signs be exempt from sign regulations during the election period (from ninety
days before the election to 15 days after the election) as long as they meet certain size
standards in residential zones, and are not located within the public right-or-way or on any
utility poles. The motion was seconded by Commissioner Anabel and passed 7-0.
Commissioner Leonard moved that the Planning Commission forward a favorable
recommendation to amend the Short Plat, Subdivision, Parking and Zoning Ordinances as
contained in the draft ordinances, except as modified, citing the following findings and
conclusions:
Findings
1. Consistent with recent practice, the City has periodically reviewed it's
development codes for housekeeping purposes.
2. The Planning Department has identified several minor amendments to the zoning,
subdivision, short plat and parking ordinances which serve to clarify, reorganize,
eliminate duplication, or otherwise improve specific sections of these ordinances.
3. On January 13, 1993, the Planning Commission conducted a duly notified public
hearing in conformance with the requirements of the Port Angeles Municipal
Code.
Conclusions
- A. . - The amendments -are in' the public 'use andinterest.H
B. The amendments are minor in nature and are consistent with existing policy
direction, and therefore, are not inconsistent with the Comprehensive Plan.
C. The amendments improve and clarify ordinance provisions.
The motion was seconded by Commissioner Winters and passed 7-0.
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Planning Commission Minutes
January 13, 1993
Page 7
ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT ANGELES. Retail
Stand Regulations: Amendment to the City's retail stand location and dimensional
standards.
David Sawyer reviewed the Department Report.
In response to questions from the Commissioners, David Sawyer said the Comprehensive Plan
will not specifically address retail stands; however it will address the character of the downtown
and the types of retail uses that could be encouraged; that the ordinance contains an allowance
for umbrella's; and that it has been the City's interpretation that a retail stand could have a total
width of eight feet.
Bruce Becker stated the building and fire codes do not contain specific standards with respect
to distances that need to be maintained from building entrances. The codes contain general
statements that entrances cannot be obstructed. A line of people waiting at the espresso cart
could create an obstruction.
Commissioner Gruver asked if a conditional use permit would allow for exemptions to the
standards. David Sawyer responded no, but that approach could be considered at the time of
conducting a comprehensive review of the regulations.
Chairwoman Souders opened the public hearing. There being no one to speak, she then closed
the public hearing.
Commissioner Leonard moved to recommend the City Council amend Section 17.87 .080(L)
to read that the support equipment and accessories must not extend more than three feet
in total from the edge of the cart. The motion was made citing the following f"mdings and
conclusions:
Findings:
1. The City Council has directed staff to review the City's Retail Stand Ordinance.
2. A Determination of Non-Significance was signed for this project on December
24, 1992, and there was no correspondence received by the Planning Department
during the written appeal period, which ended on January 8, 1993.
3. .~Many.stands have-been approved-and-are in'operation,inc1uding espresso carts
which are in compliance with the current size and location requirements for retail
stands.
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Planning Commission Minutes
January 13, 1993
Page 8
Conclusions:
1. A maximum allowable length for a retail stand of five feet when combined with
the provision of an additional three feet for support equipment in accordance with
its current interpretation is adequate for a retail stand and the proposed increase
to ten feet would be inconsistent with the purpose and intent of the Retail Stand
Ordinance and would be potentially hazardous to the public health, safety, and
welfare.
2. The ten foot minimum allowable distance required from a building opening is
necessary to ensure adequate access to the building and any reduction of this
requirement would be potentially hazardous to the public health, safety, and
welfare.
3. A more extensive review of the Retail Stand Ordinance should not be conducted
until after the completion of the revised Comprehensive Plan.
The motion was seconded by Commissioner Winters and passed 7-0.
STAFF REPORTS
None.
REPORTS OF COMMISSION MEMBERS
Commissioner Leonard asked Bruce Becker where the Fire Department is moving during
construction. Mr. Becker stated they are considering a Valley Street location. By temporarily
locating their operations while remodeling the fire station, they can save five months of
construction time and $100,000.
Commissioner Anabel stated he received a complaint about the taxi service at Race and Seventh
Street. He asked if there was a condition on the C.U.P. which requires immediate removal of
the inoperable vehicle. Staff will provide him with that information. Commissioner Anabel also
announced that he is resigning from the 'Planning Commission.
Commissioner Winters expressed his thanks and gratitude to those Commissioners that are
departing. He has been pleased with the variety of perspectives on the Commission, and that
together they've been consistently able to make good decisions. He only hopes their
replacements will be of the same caliber.
Planning Commission Minutes
January 13, 1993
Page 9
. ADJOURNMENT
There being no additional business, the Planning Commission adjourned at 10:00 P.M.
Prepared by: John Jimerson
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PLEASE SIGN IN
CITY OF PORT ANGELES
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AcrIONS REGARDING PLANNING COMMISSION MINUTES
Meeting of JOJIUflT'j 13, 1993
1.
REZONE REQUEST - REZ 93COllOl - RALSTON. Park and Portef Streets:
Request fOf a rezone of approximately 4.5 acres from RS-9, Residential Single-
Family, to RS-7, Residential Single-Family.
See item under PUBLIC HEARINGS.
2. FINAL SUBDIVISION APPROVAL - PETREE - PEACHTREE ESTATES.
between Eighteenth and Sixteenth and Butler and "0" Streets: Request fOf final
approval of phase 1 (consisting of Lots 7 through 32) of a preliminarily approved
subdivision in the RS-9, Residential Single-Family District.
No action is required at this time.
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3.
ZONING CODE AMENDMENT - ZCA 92(12)05. CITY OF PORT
ANGELES. Housekeeping Measures: Amendment to City regulations contained
in the zoning, subdivision, parking and sign ordinances which are of a
housekeeping or minor nature.
See item under PUBLIC HEARINGS.
4. ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT
ANGELES. Retail Stand Regulations: Amendment to the City's fetail stand
locational and dimensional standards.
See item under PUBLIC HEARINGS.
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