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HomeMy WebLinkAboutMinutes 02/08/1995 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 February 8, 1995 7:00 p.m. I. CALL TO ORDER ll. ROLL CALL ill. APPROV AL OF MINUTES: Meeting of January 25, 1995 IV. PUBLIC HEARINGS: 1. SHORELINE MANAGEMENT PERMIT - SMA 95(02)149 - PORT OF PORT ANGELES. Ediz Hook: Request for a substantial development permit to allow the construction of a multi-purpose pier in the M-2, Heavy Industrial District. (To be continued to April 12, 1995.) 2. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BffiLE CHURCH. 116 Ahlvers Road: Request for a conditional use permit to allow a Christian school (K-12) to be located in an existing church in the RS-7, Residential Single-Family District. (To be continued to March 8, 1995.) 3. CONDITIONAL USE PERMIT - CUP 95(02)02 - OUEEN OF ANGELS CHURCH. Twelfth and Laurel Streets: Request for a conditional use permit to allow the expansion of a church activity in the RS-7, Residential Single-Family District. (To be continued to March 8, 1995.) PLANNING COMMISSION: Orville Campbell, Chair, Cindy Souders, Bob Winters, Bob Philpott, Bob King, Tim German, and Linda Nutter. ST AFF: Brad Collins, Director, Sue Roberds Office Specialist, and David Sawyer, Senior Planner. e. . . 4. PARKING VARIANCE - PKV 95(02)01 - REED. 9th and Francis Streets: Request for a reduction of the required parking spaces in association with a residential activity in the RS-7, Residential Single- Family District. 5. REZONE REOUFST - REZ 95(02)01 - SERENITY HOUSE OF CLALLAM COUNTY. Eighteenth Street between "D" and "Ell Streets: Request for rewne of property from RS-7, Residential Single-Family, to RMD, Residential Medium Density. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS vm. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 will be 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 Board, not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 8, 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Bob King, Linda Nutter, Bob Winters, Tim German Members Excused: Bob Philpott, Cindy Souders Staff Present: Brad Collins, Sue Roberds, Bruce Becker Public Present: Sandy Oliver, Louis Torres, Steve Luxton, Jim Reed, Susan Surprenant, Stanley Taylor, Mr. and Mrs. Bettenhous, Velma Magner, Loren Cook, Lloyd Pedersen, Wanda Kershes, Carolyn Redenbaugh, Betty Longshore, Joan Ortloff, Cecil Ortloff, Jim Nelson, John Clevenger, Bertha Turner, Ralph Thomas, Mike Schaad, Marion Umbarcer, Rosemary Moorhead, Neal Capener; Lilly Thompson, Burdett Greeny, Patty Hanna, Calvin Pingel, Chris Franklin, Jo Davies, Neal and Joann Capener, Betty Cook, Tom Keywood, Tony Kapetan, Jerry Newlin, Gayle McCormick, Margaret Crawford, Patrick Kneely, Chris Franklin, William Cryer, William Solberg APPRO V AL OF MINUTES Commissioner Nutter moved to approve the January 25, 1995, minutes as submitted. Commissioner King seconded the motion, which passed 5 - O. PUBLIC HEARINGS SHORELINE MANAGEMENT PERMIT - SMA 95(02)149 - PORT OF PORT ANGELES. Ediz Hook: Request for a substantial development permit to allow the construction of a multi-purpose pier in the M-2, Heavy Industrial District. (To be continued to April 12, 1995,) Chair Campbell noted that staff and the applicant have requested that this application be continued to the April 12, 1995, meeting of the Commission due to another action (variance) awaiting decision by the City. Chair Campbell opened the public hearing. There being no one to speak to the issue, the item was continued to the April 12 regular . . . Planning Ccmmission February 8, 1995 Page 2 meeting. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BIBLE CHURCH. 116 Ahlvers Road: Request for a conditional use permit to allow a Christian school (K-12) to be located in an existing church in the RS-7, Residential Single-Family District. (To be continued to March 8, 1995.) Commissioner German announced that he has an appearance of fairness in this matter and removed himself from the meeting room for the discussion. Chair Campbell noted that staff has requested this item be continued to the March 8, 1995, meeting of the Planning Commission since staff requested additional information regarding traffic impacts of the proposed use which has not been submitted as yet. The Chair opened the public hearing. There being no one to speak to the issue, the item was continued to the March 8, 1995, regular meeting. Commissioner German returned to the meeting room. CONDITIONAL USE PERMIT - CUP 95(02)02 - QUEEN OF ANGELS CHURCH. Twelfth and Laurel Streets: Request for a conditional use permit to allow the expansion of a church activity in the RS-7, Residential Single-Family District. (To be continued to March 8, 1995.) Chair Campbell noted that this item is requested for continuation to the March 8, 1995, meeting of the Planning Commission pending review of information requested previously but which was not submitted by the applicant in time for analysis prior to the public hearing. Staff will complete its review for the March 8 meeting. The Chair opened the public hearing and continued the item to the March 8, 1995, regular meeting. PARKING VARIANCE - PKV 95(02)01 - REED. 9th and Francis Streets: Request for a reduction of the required parking spaces in association with a residential activity in the RS-7, Residential Single-Family District. Planning Director Collins reviewed the Department's report. Chair Campbell opened the public hearing. Jim Reed, 485 Blue Mountain Road, indicated that the need for the parking variance is due to physical constraints of the property being the reduced building site area caused by the required setback to the environmentally sensitive area (the Peabody Creek Ravine bank), and the lot shape. He is planning a very small home (approximately 680 sq.ft.), and therefore not overbuilding, but found that even with lot variance setbacks which were allowed by the Board of Adjustment to allow building further away from the bank but closer to property lines and the street, the physical constraints of the property still may not permit a two-car garage. Nearly seventy percent of the lot is below the top of the bank and in an environmentally sensitive area. Because of the requirement for two off- street parking spaces for each residential unit, the variance to one space is requested.. . . . Planning Commission February 8, 1995 Page 3 There being no further discussion, Chair Campbell closed the public hearing. Commissioner Winters moved to approve the parking variance request with the following condition, citing nine findings and four conclusions as follows: Condition: 1. A sign shall be posted on the carport prohibiting cars parking in the driveway from blocking the sidewalk on 9th Street. Findings: 1. A variance from the parking space requirements may be granted on written request to and after a public hearing by the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems necessary to comply with the purpose of the Parking Ordinance (14.40.160 P AMC), 2. The applicant is requesting a variance to allow a reduction in the number of parking spaces required for a single family residence from 2 spaces to 1 space, 3. The single family residence is to.be a one bedroom, 680 square foot house. 4. The site is located in the RS-7 zone on the northwest comer of 9th and Francis Streets, neither of which are improved north and east of the intersection because of the Peabody Creek Ravine. 5. Peabody Creek Ravine, which is designated as an environmentally sensitive area, is located north and east of the building area of the site. 6. Approximately 70% of the subject site is located below the top of the bank of Peabody Creek Ravine, leaving little more than 2000 square feet of site for building area and front/side yard setbacks. 7. A variance was granted to reduce the front yard setback from 20 feet to 5 feet, the east side yard abutting Francis St. from 13 feet to 8 feet, and the west side yard setback from 7 feet to 5 feet. 8. A reasonable use exception was granted allowing a reduction in the buffer from the top of the bank of Peabody Creek Ravine. 9. The Public Works Department is concerned that the person(s) living in the house would park behind the car in the carport and block the pedestrian access along 9th Street. . . . Planning Commission February 8, 1995 Page 4 Conclusions: A. To have a second off-street parking space would require removal of trees in the 8 feet 9 inches between the attached carport and Francis Street and would result in further encroachment into the environmentally sensitive area buffer for Peabody Creek Ravine. B. The parking demand for this particular single family residence is substantially different than demand for other single family residences, since the building site is restricted by the environmentally sensitive area buffer and the single family residence is to be only 680 square feet in size. C. One off-street parking space is sufficient given the special circumstances of the site and the size of the house. D. The parking variance is in the public use and interest, because the environmentally sensitive area buffer should be preserved where possible. Commissioner Gennan seconded the motion, which passed 5 - O. Commissioner Winters stated that he had an appearance of fairness with the next item on the agenda, and, therefore, he was excused from the remainder of the meeting. He then left the building. REZONE REQUEST - REZ 95(02)01 - SERENITY HOUSE OF CLALLAM COUNTY. Eighteenth Street between liD" and "E" Streets: Request for rezone of property from RS-7, Residential Single-Family, to RMD, Residential Medium Density. Planning Director Collins reviewed the Department's report recommending approval of the rezone request. Chair Campbell drew attention to the public hearing procedure information contained on the agenda and asked that due to the number of potential speakers, and in order to maintain fairness in the time given to testimony, comments be made in accordance with those public hearing guidelines. He then opened the public hearing. Sandy Oliver, 1022 South "C" Street, Executive Director of Serenity House of Clallam County, requested approval of the rezone request as it is consistent with the City's Comprehensive Plan. Serenity House of Clallam County is a non-profit corporation. Currently Serenity House has a purchase agreement and offer pending to purchase the subject property from the City of Port Angeles to be used for transitional housing, The property will be used as if in trust for the benefit of citizens of the community who may otherwise be denied housing. Residential Medium Density zoning is consistent with the Comprehensive Plan guidelines for the area. Housing needs have been identified as a priority in the Comprehensive Plan and can be addressed more efficiently at higher density. Housing is good for business, stimulating the economy in its creation. Planning Commission February 8, 1995 Page 5 . Louis Torres, dba Olympic Development Planning, 1620 West Thirteenth Street, presented an area map depicting surrounding uses and zoning (Ll, RHO and RS-7) designations. He concurred with the staffs report and noted that the rezone application includes rights-of-way (Eighteenth Street) currently being sought for vacation. The subject area is currently identified as Residential Medium Density in the Comprehensive Plan. Access from Eighteenth Street to "elt Street will be provided by full development of Eighteenth Street. The City's Comprehensive Plan states that medium density housing areas should be located in close proximity to available public services and transportation. The area is in close proximity to Steven's Middle School, Lincoln Park and a Community Shopping District located on "C" Street. Medium density zoning is appropriate as a transitional zone. The site is ultimately suitable for the proposed use and rezoning and is consistent with the Comprehensive Plan. Mr. Torres noted that it is the objective of the applicant, with the cooperation of Clallam County, to vacate and incorporate a portion of the West Eighteenth Street right-of-way adjacent to County property (directly south of the subject site) into the project site following vacation of that right-of-way, which has been applied for, as well as right-of- way to the direct west of the subject site, to become pan of Mr. Schaad's property and remain zoned as the adjacent property, RS-7, Residential Single-Family. He suggested amendment and correction to the staWs findings and conclusions to support the request. . Steve Luxton, Northwestern Territories, 717 South Peabody Street, outlined his professional qualifications and stated that the property is well suited for the proposed development from an engineering standpoint. The project will result in good, safe, residential units. Traffic issues have been analyzed and will continue to be addressed during the construction process. The use of Eighteenth Street as primary access to the site will reduce or eliminate traffic impacts to "E" Street. He encouraged the rezone as proposed as the resulting development will be good for Port Angeles, In response to Chair Campbell, Mr. Torres responded that it is the desire of the proponent to include those rights-of-way which are currently platted as West Eighteenth Street, "D" Street, and the Seventeen/Eighteen alley in this location, adjacent to the site, as well as that portion of West Eighteenth Street directly south of the subject site from the centerline south to the northerly border of the County's property in this rezone action. If the street vacation is denied, the request for inclusion of that portion of West Eighteenth Street not directly adjacent to the applicant's site would become moot with the County's property retaining its adjacent zoning. If a street vacation is approved, the right-of-way would then have been rezoned consistent with the applicant's property and acquired by the applicant, thereby accomplishing the applicant's intent for acquisition and zoning of the property to RMD thereby eliminating the need for a future rezone of the property to complete the project site boundaries, The additional right-of-way would be incorporated into the final design to be used for circulation within the project site and reduce traffic impacts to the surrounding neighborhood. . Loren Cook, 283 John Mike's Road, felt the rezone would be a significant step in the provision of housing for the less fortunate in an appropriate location. Planning Commission February 8. 1995 Page 6 . Rosemary Moorhead, 4124 Old Mill Road, stated that the project will offer case management for residents who require assistance in life skills and supervision for residents in transition. There will be sixteen units in the development which does not equate to a high density development. The site's proximity to bus service is appropriate. The staff of First Step Services supports the rezone proposal. Gayle McConnick, 479 So. Ridge Road, noted the continuaJ shortage of housing for low income and needy peoples. Stanley Taylor, 1902 Hamilton Way, has worked through a church group in support of the Serenity House program. The need for adequate housing is very, very great as the current situations offer only temporary often unaffordable solutions. He encouraged the Commission to recommend approval of the rewne as requested. Lloyd Petersen, 201 East Prairie, a professional architect and engineer has helped with the project development thus far. Such a facility is desperately needed and will offer a much needed answer to many less fortunate people's living situations. Serenity House staff are diligent in their screening process and will be prudent in placement to assure a quaJity, successful project all the way around. . Margaret Crawford, 2619 Race Street, is also working with a church group to establish the homeless in permanent living situations. She described common situations presently occurring where the indigent are struggling to better their lives and their families' lives but still live in insecure living situations. These people will benefit from the proposed housing concept by the support which will be rendered in the group living environment as well as by adherence to strict rules of conduct and structure. The people who will be living in this community are already neighbors allover town. The chance to live in a community living situation as would be provided will enable them to progress in learning satisfactory living skills faster than if living in scattered situations throughout the City. The Evergreen Village offers community support and training for those in transition. Serenity House staff is very good at enforcing rules to ensure the success of the project and will result in little impact to the surrounding neighborhood residents. Port Angeles has always been a community with a big heart and the building of this facility will continue that trend. Susan Surprenant, 701 East Ninth Street, represented the staff of Healthy Families of Clallam County, a non-profit agency serving families subjected to substance abuse and domestic violence. Many of the people served by Healthy Families would benefit by the proposed Evergreen Village, She encouraged approval of the rezone personally and professionally. Jerry Newlin, 903 Strait View Drive~ stated that the project receives strong support from the professionaJ community. He encouraged approval of the proposal. . Patrick Kneely, 412.1h South Lincoln, a former employee, board member, and long time supporter of Serenity House explained that this facility has been in its development stages for the past eight years. He urged approval of the rezone proposal. Planning Commission Febroary 8, 1995 Page 7 . Patty Hanna, P.O. Box 927, Executive Director of United Way, stated that if the project becomes a reality it will be partially funded by United Way funds. She urged approval of the rezone. Betty wngshore, 1114 West Sixteenth Street, presented a petition signed by fifty-nine residents in the direct vicinity opposing the rezone, . Mike Schaad, 219 Hawthorne Place, an adjacent property owner, indicated his reluctant support of the street vacation proposal. He was promised in agreeing to participate in the street vacation petition action that the Eighteenth Street access would be blocked just east of his property preventing through traffic adjacent to his property with a buffer in place. He stated that if he had been informed that the acquisition of the Eighteenth Street right-of-way was so critical to the project he might not have agreed to the vacation. He expressed concern over the decreased valuation of his property sure to follow the project's construction including the increase in crime and noise to the area. The area is a very quiet single-family residential neighborhood at present. The overcrowding of schools and increase in traffic are a major concern. He commended Serenity llouse and the church volunteers in their efforts, but remains opposed to the proposed Evergreen Village communal concept. Placement of the indigent throughout the community is more desirable as they would then have more successful neighbors to model themselves after. He explained that he signed a street vacation petition with the applicants, though philosophically opposed to the project, because he was assured by the proponents that in the event the vacation petition is successful Eighteenth Street would be blocked from through access adjacent to his property and it would be best not to have through traffic at this location between "D" and "Eli Streets in the event the project succeeds. Mr. Schaad responded to Chair Campbell that he is aware of the characteristics of the future tenants of the project and that many of the future tenants will have been involved in some type of crime situations. . Lilly Thompson, 1228. West Nineteenth Street, requested the rezone proposal be denied. She previously lived in a neighborhood wherein a similar situation existed and moved to Port Angeles to avoid just such a use. She has always feIt very safe in the current neighborhood environment but would not feel that way if the project were to become a reality. Schools in the area are overcrowded at present and the issue is not being addressed either with this proposal or in general. Ralph Thomas, 1217 West Nineteenth Street, noted that the mailing notice he was sent was for a different issue on the evening's agenda; however, he is a property owner in the vicinity who opposes the proposal and was glad he came to the meeting although he thought he was coming for a different issue. . Jim Nelson, 1121 West Seventeenth Street, lives outside of the notification area and so was not notified by the City of the action individually. He was notified by the posting signs and the neighborhood support group. He was distressed that he had not personally Planning Commission Ft:bruary 8. 1995 Page 8 . been notified as he was assured at a December City Council meeting that he would be notified when a hearing date was set. Lilly Thompson, 1228 West Nineteenth Street, noted that none of the proponents live in the proposed area. Joan Ortloff, 1115 West Seventeenth Street, and her husband oppose the development and agree with the opposition speakers thus far. Chris Franklin, 1131 West Tenth Street, is opposed to the rezone as it would bring an undesirable element to the neighborhood and negatively impact the quiet residential neigh borhood. Cecil Ortloff, 1115 West Seventeenth Street, opposes the rewne request for reasons of security and traffic impact. Marion Umbarcer, 1211 West Eighteenth Street, a twenty-seven year resident of the area, opposes the rezone request due to the resulting increase in drug traffic, vandalism and traffic in the neighborhood.. . Tony Kapetan, 1114 Madrona, addressed the audience and asked for support to deny the project. He cannot afford to donate $18,000 to $20,000 of his property's valuation to this project. The land should be sold to the highest bidder and developed as it is currently zoned. The rules should not change in midstream to allow this type of a housing project to be built at this location. Prior to purchasing his home he checked the area wning and was assured by the City's wning regulations that he would not be purchasing a home in a location that would be developed in anything. other than conventional residential single-family housing. Zoning regulations should be relied upon not changed for convenience. He would not have purchased his home had he thought wning in the area could be so changed over the objections of the majority of the neighbors. The neighborhood is already overburdened. saturated in fact, with low income development. He asked that the encroachment be stopped and the project not be allowed in this location. People invest in property and have faith in the zoning of an area, which is an unbreakable pact. He suggested that it is more appropriate to place such a use in an area already zoned for high density development. There is no other area of town in which such a small area has so much high density, low income subsidized development. Calvin Pingel, 1125 West Seventeenth Street, is opposed to the project. He is blind and worries about the increase in traffic and safety in the area which would result from the project development. . William Cryer, 1129 West Seventeenth Street, doesn't like what he sees in the current Serenity House facility's appearance and surroundings and was concerned that the new site would not be any better. William Solberg, 1622 South "E" Street, also checked the zoning prior to purchasing Planning Commission Febwary 8.1995 Page 9 . his residence and depended on what he learned in the purchase of the property. He is too old to keep moving to avoid the encroachment of an undesirable element of people all over town. Betty Longshore, 1114 West Sixteenth Street, noted that Sandy Oliver, of Serenity House, had held a neighborhood meeting where the neighbors had expressed their concerns regarding the project some time ago. Burdett Greeney, 1338 West Boulevardt agreed that the area is saturated with low income housing at present. The project should be placed elsewhere in town more appropriate for the use. Mike Schaad, 219 Hawthorne Placet asked since this is a government funded project and since the money is funded. by a grant, what happens when the funds dry up. . Rosemary Moorhead, 4124 Old Mill Road, has had ten years of experience with low income family placement. The actions of about twenty percent of that group jeopardize the future of the remaining eighty percent's activities. This project screens out undesirables. She acknowledged the overload of low income residential units in the area. Serenity House will selectively screen residents of the proposed facility who will be closely supervised. Long term follow up will be necessary and is anticipated. Management is very important in these situations. Evergreen Village is not proposed to serve drug ridden people, but is proposed for families and individuals in transition. Tony Kapetant 1114 Madrona Streett made note of a petition submitted to the City Council in December, 1994, with the signatures of ninety people in the approximate area who are opposed to this rezoning. People in affected neighborhoods have a right to be heard. He related information that he obtained from an employee of the Department of Social and Health Services who said that there are so many social services available in Port Angeles that we are drawing indigents from all over the state for those services. Neal Capener, 1112 West Sixteenth Street, is a neighbor in the area and is not opposed to the project. It is a good idea. Loren Cook, 283 John Mike's Roadt believes the neighborhood will ultimately benefit from the project. Property values won't decrease and will be a nice looking development. Marian Umbarcer, 1211 West Eighteenth Street, monitors a police scanner and noted the high number of calls for assistance to the existing low income housing development already in this area. The Chair called for a break at 9: 15 p.m. The meeting reconvened at 9:30 p.m. . Louis Torres, acknowledged issues regarding traffic and schools. Increased density brings an increase in traffic which has been addressed by the proposed development of Eighteenth Street to the site. The project will bring people together who will benefit Planning Commission Febrnary 8. 1995 Page 10 . from a communal living arrangement but in no way does that preclude the residents from learning from all their neighbors as role models. He believes the residents of the neighborhood have been properly noticed of the rezone intention given the number of those residents present in the audience. Zoning designations for particular areas are no guarantee that those zoning designations will never change. Zones are subject to revision particularly when a new Comprehensive Plan designation is placed on an area. The issue is one of conformance with the Comprehensive Plan not the project's specifics. There will never be an area where a rezone to a different zone will be met with open arms. Serenity House is adequately funded to keep this project going. At the Commission's request, Planning Director Collins explained the specifics of "spot zoning" in response to Commissioner German, Mr. Torres clarified the square footage amount proposed for rezone. Commissioners German and Nutter expressed discomfort dealing with the rezone and street vacation together as a package as suggested by Mr. Torres, and approving a future rezone of the property being proposed for street vacation in the event the vacation is approved at a later date. It is City practice to take one step at a time with the given set of circumstances not combine present and future projects that are not assured. . Sandy Oliver, Serenity House Executive Director, responded to Commissioner Campbell that it is her responsibility on behalf of the community and the agency to ensure that proper staff is hired, managed, and supervised. Staff is available twenty-four hours a day. In the worst case scenario should the funding dwindle for support positions, local volunteer support persons would be substituted. In the very worst case scenario, there would be sixteen units of housing to put on the market. Only one third funding is provided by governmental funds, the remaining two thirds comes from private/corporate sources and donations. Commissioner German noted that the main subject of a rezone request is the ultimate zoning of a property or area, not specifically the specifics of a special project. The project can change, the zoning remains. So the issue is the upzone of the residential single-family use to the medium density use. There was no specific environmental review done for this specific project site. The SEPA document referenced in the current review was the environmental impact statement prepared for overall adoption of the City's Comprehensive Plan, not specifically this site. He sees a conflict of interest between the City and the applicant in the handling of the SEPA issue in this case, The staffs recommendation does not require sidewalk or street improvements or protection of the neighborhood by requiring screening and buffering. He was also concerned that notice had not been provided to all those promised they would be noticed in this issue. The site is not located on an arterial as is required for this type of rezone. There are no proposed mitigating measures, no assurances of anything, just recommendation for a blank check rezone with no conditions. . Commissioner Nutter agreed with Commissioner German concerning the need for more specific environmental review. The public must have faith that the rules and regulations PUmning Commission FebnUI1)I 8, 1995 Page 11 . put into effect to protect their properties will not change without due care. This is not evidenced in this request. Serenity House is a good project. The City needs what is being offered here, but the rules must be followed, and she was hesitant to vote in favor of this rezone given the circumstances. Chair Campbell noted that development guidelines would have to be addressed satisfactorily for the project to proceed. He did not feel that specific rezone conditions would change the issue of rezone. The City's Comprehensive Plan favors this rezone and because this proposal does occur in an area that is compatible and in compliance with the Comprehensive Plan, he is also in favor of approving the request. Commissioner King agreed with Chair Campbell concerning the provlSlon m the Comprehensive Plan that encourages medium density in this location. The rezone is the issue, not the specific site development at this time. Those development issues must be addressed during later phases of the project, so there is no need to condition the rezone with the specific level of service requirements at this stage. . Commissioner German wondered if the applicant were not a non-profit entity if the project would have been reviewed differently. The project is not located on an arterial. He felt the environmental concerns have not been adequately addressed and that this project may be being treated as a special case where detailed further review may not happen. Planning Director Collins noted that the level of review at which conditions are placed on development does not occur until project development is instituted. This is not a project review but is a rezone request based on the Comprehensive Plan. Chair Campbell was not convinced that further environmental review would result in a substantial difference. Stormwater runoff, traffic and other issues should and would be addressed during the actual development review. The rezone is compatible with the new Comprehensive Plan. Commissioner King restated the need to consider the rezone request independently of the exact development proposal. He agreed it is compatible with the new Comprehensive Plan. Commissioner German suggested that perhaps a Planned Residential Development (PRD) project for this site would adequately address the concerns and development issues and gain the density required outside of a rezone. He restated his objection to the use of the environmental impact statement (EIS) prepared for the Comprehensive Plan as the SEPA document in this case. He felt that an independent analysis should have been prepared or at least a supplemental EIS prepared. . Commissioner King moved to forward a favorable recommendation for rezone to the City Council in this matter citing the 16 findings and seven conclusions listed in the staff report, including the rezoning of the south one-half of Eighteenth Streetaadjacent to the centerline directly across and even with the proposed rezone area, . . . Planning Commission Febrnary 8, 1995 Page 12 property owned by ClaUam County. The motion died for lack of a second. Commissioner Gennan moved to forward a recommendation of denial in this matter to the City Council citing the foUowing findings and conclusions: Findings: 1. The proposal is to rezone 2.3 acres of property including a portion of 18th Street and the 17118 Alley from Single-Family Residential (RS-7) to Residential Medium Density (RMD). 2. The area proposed for rewne is the east eight lots (56,000 square feet) on the south half of the block located between I7thl18th Streets and DIE Streets including portions of 18th Street and the 17118 Alley (45,100 square feet) according to the application. 3. The rezone area including 18th Street is not developed, except for the two most easterly lots at the comer of 18th and "0" Streets where a duplex is located and the 17/18 Alley, which is partially improved. The undeveloped portions of the site are forested. 4. The Clallam County Road Department maintenance and construction facility is located on the five most easterly lots south of 18th Street. Two single-family houses and a duplex are located on the five most westerly lots south of 18th Street. Two single-family houses have been recently built on the two most westerly lots in the same half block as the subject property I and one new single- family house at the northeast comer of the 17 II 8 A lley and irE" Street is the onl y improvement to the half block north of the 17II 8 Alley. 5. Seventeenth Street is not improved, although single-family houses are built along the north side of 17th Street with access from the 16/17 Alley. "0" and "E" Streets are improved, although improvements to "0" Street stop at 18th Street, which is a poorly maintained gravel road from "C" to "0" Streets, 6. The neighborhood to the east is roned RHD, Residential High Density, and developed with apartment buildings, and the neighborhood to the west and north is zoned RS-7, Residential Single-Family and developed as single-family residential. 7. The Zoning Code has been changed recognizing the need for Residential Medium Density zoning, and the City adopted a new Comprehensive Plan in 1994 consistent with the Growth Management Act of 1990, 8. The Growth Management Act requires zoning regulations to be made consistent with the approved City's Comprehensive Plan. 9, The Comprehensive Plan identifies the site as medium density residential, and the . . . ~- Planning Ccmmission February 8. 1995 Page 13 following goals, policies and objectives appear to be most relevant with respect to this application: Growth Management Policy A.1 .d, Land Use Policies A.1-2, Objective A.1, Goal C, Policies C.1-4, Utilities and Public Services Policies A.3, B.2, and B.4, Housing Goal A, Policy A.1, Goal B, Policies B.2, B.6, and B.9, Objective B.1, and Economic Development Policy B.S. 10. "C" Street, Lauridsen Boulevard., and 16th Street are all classified by the City as minor arterials and on a Clallam Transit route. 11. Eighteenth and "0" Streets are not arterial streets. 12. The existing RHD zoned property in the vicinity is largely developed with apartments. 13. The City has only one property roned RMD and no vacant land zoned RMD. 14. Serenity House is a nonprofit community service agency providing shelter for homeless people and has committed to providing transitional housing on this site if they acquired it. 15. The City does not zone rights-of-way which when vacated are given the roning of the adjacent property to which it is vacated. 16. The SEPA Responsible Official adopted on January 20, 1995, the Environmental Impact Statement (EIS) prepared for the Port Angeles Comprehensive Plan. The EIS was published on August 6, 1993, and an Addendum was published on June 14, 1994. Conclusions: 1. The area proposed for rezone is a single-family neighborhood, 2. Since the subject site is vacant, except for a duplex on "0" Street, and neither 18th nor 17th Streets are improved between "D" and "E" Streets, the area proposed for rezone is an area where improvements will be needed before any more development could occur. 3. The subject site is not located on an arterial. 4. The rezone is consistent with the Goals, Policies, and Objectives of the comprehensive Plan, specifically, those identified in Finding No. 10. A number of Comprehensive Plan policies support additional zoning for a variety of housing densities, and medium density residential is the only residential land use designation for which the City has an inadequate land supply. Several housing and public service Comprehensive Plan policies support the provision of transitional, temporary, and shelter type of low income housing which could be provided by the applicant, and these Comprehensive Plan policies also support the . . . ~.- Planning Commission February 8, 1995 Page 14 City's efforts in cooperating to facilitate the housing opportunities that can be afforded by the applicant's request. 5. The rezone is not consistent with Land Use Policies C.2 and C.3. of the Comprehensive Plan. 6. Affordable housing opportunities are already available in the subject planning area. 7. The rezone is not compatible with the surrounding neighborhood. The motion was seconded by Commissioner Nutter but failed on a 2 - 2 vote, with Commissioners Campbell and King voting in the negative. Commissioner Gennan moved to send a message to the City Council that the Planning Commission is deadlocked 2 - 2 on this issue. Commissioner King seconded the motion. Following lengthy discussion as to the Commission's charge in making concerted efforts to forward recommendation to the City Council on these issues. Commissioner King withdrew his second and the motion died. Commissioner Nutter moved to continue deliberation of the issue until February 22, 1995, by which time staff could discuss the legality of a fifth Planning Commissioner, who stepped down due to an appearance of fairness, acting on the record to break the deadlock situation. Commissioner King seconded the motion, which passed 4 - O. COMMUNICA TIONS FROM THE PUBLIC Tony Kapetan, 1114 Madrona, expressed frustration at the outcome of the public hearing. He did not understand what happened. Chair Campbell explained what the Planning Commission's motion would cause to occur and that Mr. Kapetan could return to the February 22, 1995, meeting of the Planning Commission, which would begin at 7 p.m., at which time staff would return with direction from the City Attorney as to procedure at this juncture. Mr. Kapetan indicated that he understood and thanked Mr. Campbell for the information. STAFF REPORTS Planning Director Collins reminded the Commissioners of the Boards and Commissions reception on February 9, 7 p.m., Senior Center, in their honor. REPORTS OF COMMISSION MEMBERS Commissioner German commented that specific property owners can influence the City's Comprehensive Plan map independently of public hearings by lobbying for Comprehensive Plan Map changes outside of specific applicant driven rezone requests. . . . Planning Commission Febtuary 8. 1995 Pagt: 15 Chair Campbell noted that the School Concurrency Task Force has delivered its report to the City Council. The document allows for the schools, City, and County staff to form a partnership in determining the adequacy of schools in the future while preserving the identities of the individual entities without new impact fees, ADJOURNMENT The meeting adjourned at 11:05 p.m. MtJ~j~ Orville Campbell, Chair /' .QS2-.... L..&- J Brad Collins, Secretary PREP ARED BY: S. Roberds . CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: ~-/.d ~ /99;;- PLEASE SIGN IN . . . NAME:... ADDRFSS: f'P\ 8;)- I PA GJ.A. I . .NAME:::... . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commi~ion Attendance Roster Meeting Date: /.