HomeMy WebLinkAboutMinutes 02/13/2002
.---,
o
'I
~!
~.
.
l?ORT~GELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
February 13,2002
I.
CALL TO ORDER
7 p.m.
TI. ROLLCALL
III. APPROVAL OF MINUTES: Meeting of January 30, 2002 special workshop.
IV. CONTINUED HEARINGS:
1.
PROPOSED ADMINISTRATIVE AMENDMENTS TO CHAPTERS 2 (Board
of Adjustment), 15 (Environment). 16 (Subdivision). and 17(Zoning) of the
PORT ANGELES MUNICIPAL CODE- MCA 01-02: Proposed amendments
intended for clarification, correction, and streamlining of certain procedures in the
PAMC. (Continued from December 12,2001.)
2. CONDITIONAL USE PERMIT - CUP 01-14 - NESKE.I034 Campbell Avenue.
Request to allow an accessory residential unit to be located in the RS-9. Residential
Single Family zone. (Continued from January 9, 2002.)
PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 02-02 - DRYKE. 310 Jones Street:
Application for a conditional use permit to allow a commercial radio-controlled car
recreational use in the Commercial Office zone.
PUBLIC MEETINGS:
1. REZONE APPLICATION - REZ 02-01 - SERENITY HOUSE. 2321 West 18lh
Street: Request for rezone of approximately 4.31 acres from RS-9 Residential Single
Family, to RMD Residential Medium Density.
2.
REZONE APPLICATION - REZ 02-02 - GERMAN. 100 Block West Ninth
Street: Request to rezone property from RS-9 Residential Single Family, to eN,
Commercial Neighborhood. (This item has been withdrawn by the applicant.)
.'
.
.
3.
REZONE APPLICATION - REZ 02-03 - CLALLAM COUNTY/CITY OF
PORT ANGELES, 223 East Fourth Street and 321 East Fifth Street: Rezone of the
east 6 lots of each government site that are incorrectly designated as Residential High
Density and Commercial Office respectively. Each site should be identified as Public
Buildings and Parks.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter
PLANNING STAFF: Brad Collins, Director; Sue Roberds, Assistant Planner.
.
.
.
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
February 13 , 2002
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Hewins, Fred Norton, Linda Nutter,
Rick Porter, Chuck Schramm
Members Excused:
Mary Craver
Staff Present:
Brad Collins, Sue Roberds
Public Present:
Dan Jacobs, Nancy Newman, Steve and Lynette Dryke, Tom
Larosso
Chair Nutter opened the meeting at 7:00 p.m.
APPROVAL OF MINUTES
Commissioner Philpott moved to approve the January 30, 2002, special workshop
minutes as presented. The motion was seconded by Commissioner Hewins and passed 5 - 1
with Commissioner Porter abstaining due to absence at the workshop.
The Chair reordered the agenda in order to dispense with two issues.
CONTINUED PUBLIC HEARING
CONDITIONAL USE PERMIT - CUP 01-14- NESKE.I034 Campbell Avenue.
Request to allow an accessory residential unit to be located in the RS-9. Residential
Single Family zone. (Continued from January 9,2002.)
Chair reopened the continued public hearing and noted staffs memorandum regarding the
applicant's withdrawal ofthe application. There being no public testimony, the public hearing was
closed. Commissioner Philpott moved to accept withdrawal of CUP 01-14. The motion was
seconded by Commissioner Norton and passed 6 - O.
PUBLIC MEETING
REZONE APPLICATION - REZ 02-02 - GERMAN. 100 Block West Ninth
Street: Request to rezone property from RS-9 Residential Single Family, to CN,
Commercial Neighborhood. (This item has been withdrawn by the applicant.)
Chair Nutter noted staffs memorandum stating that the applicant had withdrawn the
application. Commissioner Philpott moved to accept withdrawal of REZ 02-02. The motion
was seconded by Commissioner Hewins and passed 6 - O.
.
.
.
Planning Commission Minutes - Febroary 13, 2002
Page 2
CONTINUED PUBLIC HEARING
Chair Nutter indicated that those who testify must affirm that their testimony will be truthful
to the best of their knowledge.
PROPOSED ADMINISTRATIVE AMENDMENTS TO CHAPTERS 2 (Board
of Adjustment). 15 (Environment). 16 (Subdivision). and 17(Zoning) of the
PORT ANGELES MUNICIPAL CODE- MCA 01-02: Proposed amendments
intended for clarification, correction, and streamlining of certain procedures in the
P AMC. (Continued from December 12, 2001.)
Assistant Planner Sue Roberds reviewed a brief memorandum with regard to the continued
public hearing. Chair Nutter reopened the continued public hearing. There being no public present
to testify, Chair Nutter closed the hearing.
Commissioner Hewins moved to recommend approval of Municipal Code Amendment
01-02 as proposed citing the following findings and conclusions:
Findings:
Based on the information provided in the Department of Community Development
Memorandum in support of Port Angeles Municipal Code Amendment MCA 01-02 dated
December 12, 2001, including all information in the public record file, comments and
testimony presented during the public hearing, the discussion and deliberation, the City of
Port Angeles Planning Commission hereby finds that:
1. The applicant, City of Port Angeles, proposed Municipal Code Amendment to
change several sections ofthe Port Angeles Municipal Code, including Chapters 2.52
Board of Adjustment, 15.04 Environmental Policy, and Title 17, Zoning.
2. The changes proposed to Chapter 2.52 Board of Adjustment are suggested for
compliance with current state laws, specifically R.C.W. 36.70.840, and would
therefore comply with other public notification time periods adopted by the City
under the State's Regulatory Reform Act.
3. Changes proposed to Chapter 15.04 are intended to streamline those procedures
dealing with acceptable development activities in critical areas of the City such that
exemptions permitted under WAC 197-11-980 are adopted by reference in Section
15.04.040 - General Regulations.
4.
Corrections are proposed throughout the Municipal Code which reflect that the
Planning Department and Building Division have been combined into the
"Department of Community Development". Therefore, references to "Planning
Department" have been changed to " Department of Communi ty Development" and
the reference to "Planning Director" has been amended to read " Community
Development Director".
.
.
.
Planning Commission Minutes - February J 3, 2002
Page 3
5.
Corrections are proposed to reflect that the "Planning Department" is now the
"Department of Community Development;" change the title "Planning Director" to
"Community Development Director;" "Public Works Director" to "Director of Public
Works and Utilities;" and "Building Inspector" to "Building Official".
6. Typographical corrections have been made to the titles "Home Occupations
Conditional Use Permit", "Bed and Breakfast Conditional Use Permit", and Retail
Stand Conditional Use Permit", to reflect the intended title of the chapters,
7. The listing for Chapter 17.01 FL Forest Zone was added because it was inadvertently
left out ofthe Chapter 17.01 listings when adopted in 1995.
8. Per Section 17.96.100 Amendments, any amendments adopted by the City Council
may be modified from the form in which they were advertised within the limits
necessary to relate properly such amendment or amendments to the Zoning
Regulations. Final action on such modifications shall be subject to review and report
of the Planning Commission prior to fmal passage by the City Council.
9.
The City and County are jointly proposing a change in the Zoning Map to reflect the
public uses of the east parking areas, respectively, along Peabody Street.
Specifically, Lots 1 - 3 and 16 - 18 Block 67 TP A (City), and 1 - 3 and 17 - 20 Block
56, TP A (County). The properties are owned by government agencies and are
developed and function as government and public uses. It is proposed that the
designated zoning of the City's property be changed from OC, Office Commercial,
to PBP, Public Buildings and Parks, and the County from RHD, Residential High
Density, to PBP.
10. The City's Comprehensive Plan and Land Use Map have been reviewed with respect
to the proposal.
11. The Planning Commission held a public hearing on December 12, 2001, which was
continued to February 13,2002, in consideration of proposed amendments to the Port
Angeles Municipal Code.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report
dated December 12,2001 for MCA 01-02 including all information in the public record file,
comments and testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed findings, the City of Port Angeles Planning
Commission hereby concludes that:
1.
The rezones as proposed are consistent with the goals and policies of the City I S
Comprehensive Plan including, but not limited to, Land Use Element Map Goal A,
and Policies A.I, and 2, and Objective A.I are pertinent to the rezone proposals.
.
.
.
Planning Commission Minutes. Febrnary /3, 2002
Page 4
2.
The Municipal Code administrative amendments are consistent with the goals and
policies of the City's Comprehensive Plan including, but not limited to, Growth
Management Element Policy A(1), and Policy leg).
3. The amendments will result in improved public service relating to permit processing and
regulation integration.
4. The proposed amendments are in the public use and interest.
The motion was seconded by Commissioner Schramm and passed 6 - o.
Commissioner Nutter excused herself from the meeting and left the room as she owns property
in the area where the next item (DRYKE) is located,
CONDITIONAL USE PERMIT - CUP 02-02 - DRYKE. 310 Jones Street:
Application for a conditional use permit to allow a commercial radio-controlled
car recreational use in the Commercial Office zone.
Assistant Planner Sue Roberds reviewed the staffs report recommending approval of the
conditional use permit. Vice Chair Schramm opened the public hearing.
Steve Dryke, 719 South "N" Street, was present for questions. In response to
Commissioner Philpott, Mr. Dryke responded that currently the structure design is for a 22-foot
tall building tht will blend into the neighborhood by looking much like a duplex. In response
to Commissioner Hewins, Mr. Dryke answered that he has reviewed staffs conditions and does
not have any concerns or objections.
Commissioner Schramm asked how noise from the motor-driven units would be muffled.
Mr. Dryke responded that the use has occurred on the site off and on for four to five years with
no known complaints from neighbors regarding noise. The previous use was not enclosed and
the new use will be. That fact and the use of mufflers on the units should significantly reduce
any negative noise issues.
Tom Larosso, 1839 West Sixth Street, has resided in the subject neighborhood during
past years. The radio-controlled car recreational activity never bothered him or other neighbors
as far as he knew. The applicant should be commended for trying to provide a controlled
recreational use that will benefit youth of the community as his own expense. He encouraged
the Commission to approve the proposed activity.
There being no further testimony, Vice Chair Schramm closed the public hearing.
The Commissioners concurred that the applicant's proposal would enhance acceptable
recreational opportunities for youth within the community.
Commissioner Hewins moved to approve the conditional use permit as proposed
citing the following conditions, findings, and conclusions:
Conditions:
1.
Development of the commercial recreational use at 310 Jones Street shall be as proposed
in conditional use permit application (CUP 02-01) and site plan submitted for Steve and
.
.
.
Planning Commission Minutes - Febrnary J 3, 2002
Page 5
Lynette Dryke. Parking will be established at a minimum of 11 off-street parking spaces
and will be reviewed at the end of one year to determine if additional parking is needed.
2.
A separation will be constructed such that the 3100 square foot track area will not be
accessible to the public and will remain only for use as a track. If changes to the site plan
are intended, an amendment must be requested and approved by the Planning
Commission prior to such change being implemented.
3.
Hours of operation shall be restricted to from 3 p.m. to 9 p.m. Monday through
Thursday, from 10 a.m. to 10 p.m. on Friday and Saturday, and from 1 p.m. to 8 p.m.
on Sunday.
4.
A Zoning Lot Covenant shall be filed joining the two lots as one building site.
5.
The address of the residential unit at 310 Jones Street shall be changed to be 310 1/2
Jones Street.
Findings:
Based on the information provided in the Staff Report for CUP 02-01 dated February 13,
2002, including all information in the public record file, comments and testimony presented
during the public hearing, and the Planning Commission discussion and deliberation, the City
of Port Angeles Planning Commission hereby finds that:
1. Steve and Lynette Dryke submitted a conditional use permit application (CUP 02-01) on
January 11,2002, to allow a commercial radio-controlled car recreational activity in the
Commercial Office (CO) zone at 310 Jones Street. The proposal is described as a family
oriented activity located on Lots 17 and 18, Block 11 Puget Sound Cooperative Colony
Subdivision to the Townsite of Port Angeles.
2. The site is located at the northwest comer oOones and Georgiana Streets. The 14,000
square foot site is developed with a small residential unit at the northeast corner ofthe
site off Jones Street. The nonconforming structure does not comply with any of the
development standards required in the CO zone, nor does it observe vision triangle
setbacks.
3. Business and professional offices, child day care centers, and preschools are outright
permitted uses in the CO zone. Churches, public parks and recreational facilities,
business colleges, music, art, and dance schools, are conditionally permitted uses in the
CO zone.
4.
Residential uses are permitted in the CO zone with development standards per the City's
Residential Single Family (RS-7) zone. Residential uses permitted per the City's
Residential High Density (RHD) zone are conditional uses in the CO zone.
Planning Commission Minutes - Febnmry /3. 2002
Page 6
.
5.
Eleven (11) off-street parking spaces will be required for the multiple use site per the
City's Parking Ordinance requirements. The site plan indicates that 19 off-street parking
spaces can be provided. Off-street parking must be improved per the Public Works and
Utilities Departments standards. Parking was calculated given the use areas as proposed
by the applicant in the site plan submitted January 11, 2002.
6. The applicant has operated an outdoor radio-controlled car race track activity on the site
for approximately the past 4-5 years. The City has not received any written complaints
from neighbors regarding the use.
7. The site was posted and public notices of the application were mailed to property owners
within 300 feet of the property on January 18,2002. Legal publication appeared in the
Peninsula Daily News on January 23, 2002. To date, no written comments have been
received.
8. The City's State Environmental Policy Act (SEPA) Official issued a determination of
nonsignificance on February 8,2002, per WAC 197-11-355. This satisfies the City's
responsibility under the State Environmental Policy Act.
9.
The site is served by Jones and Georgiana Streets. Both Jones and Georgiana Streets are
fully improved access streets with curb, gutter, and sidewalk. Front Street is located one
block south of the site and is served by Clallam Transit.
.
10. The Comprehensive Plan and Land Use Designation for the subject property is
Commercial (C).
11. Zoning of the site is CO, Commercial Office. The purpose of the CO Zone (Section
17.20.010 PAMC) "... is a commercial zone intended for those business, office,
administrative or professional uses which do not involve the retail sale of goods, but
rather provide a service to clients, the provision of which does not create high traffic
volumes, involve extended hours of operation, or contain impacts that would be
detrimental to adjacent residential areas." The applicant proposed extended hours of
operation of3 p.m. to 11 p.m., Monday through Friday. It is within the purview of the
Planning Commission to determine the hours of operation that will be compatible with
other activities occurring in the vicinity.
12. The CO Zone does not encourage the retail sale of goods to the public. The applicant has
stated that on-site retail activities will serve mainly those persons using the track.
13. Construction of the approximately 4900 square foot building will require compliance
with the Uniform Building Code, Fire Code, and Electrical Code.
.
14.
Conditional use permits are approved for a specific use at a specific location.
15. Section 17.96.050 PAMC Conditional Use Permit provides that "The Planning
Commission may grant said permits which are consistent and compatible with the
purpose of the zone in which the use is located, consistent with the Comprehensive Plan,
.
.
.
Planning Commission Minutes - February 13. 2002
Page 7
and not contrary to the public use and interest. The Planning Commission may refuse
to issue a Conditional Use Permit if the characteristics of the intended use as related to
the specific proposed site are such as would defeat the purpose of these Zoning
Regulations by introducing incompatible, detrimental, or hazardous conditions. In each
application the Planning Commission may impose whatever restrictions or conditionsare
considered essential to protect the public health, safety, and welfare, and to prevent
depreciation of neighboring property."
16.
Conditional uses permitted in the Commercial Office zone per Section 17.20.160 PAMC
include art galleries and musewns, assisted living facilities, beauty shops and barber
shops, business colleges, music, art, and dance schools, businesses selling medical
supplies, goods, instruments, medicine and similar items, chemical dependency treatment
centers, detoxification centers, libraries, nursing and convalescent homes, public parks
and recreation facilities, residential care facilities, residential uses that are permitted in
the RHD zone, and other uses that are determined to be compatible with the intent of the
zone.
Conclusions:
A.
While the Commercial Office zone does not specifically permit commercial recreational
uses, other similar uses are permitted either outright or as conditional uses in the CO
zone such as child day care centers, pre-schools, public parks and recreational uses,
music, art, and dance schools, which are youth/family oriented.
B. The proposed use is conditioned such that no significant impacts to surrounding uses or
properties should occur as a result ofthe conditionally approved activity.
C. As conditioned, the use is in the public interest.
D. The site is served by adequate public services including but not limited to electric, phone,
sewer, and standard City street improvements.
E. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's
Commercial Land Use Designation and the goals and policies of the Comprehensive Plan
specifically Land Use Element Goal A, and Policy A.2, Residential Goals B and C;
Commercial, Policy D.l, and Policy E.3; Transportation Element, Policy B.14; Utilities
and Public Services Element Goals A and B, and Policy E.6.
F. The Comprehensive Plan allows for subordinate and compatible uses within different
zones. It also encourages the City to support the provision of recreational activities for
the public.
G.
The proposed use is conditioned such that it complies with the intent of the Commercial
Office zone as such that it is compatible with adjacent uses.
The motion was seconded by Commissioner Philpott and passed 6 - O.
Planning Commission Minutes - Febroary J 3. 2002
Page 8
.
The Commission took a break at 7:50 p.m. The meeting resumed at 8:00 p.m. Chair
Nutter rejoined the meeting and assumed the Chair.
PUBLIC MEETING
REZONE APPLICATION - REZ 02-01 - SERENITY HOUSE. 2321 West
18th Street: Request for rezone of approximately 4.31 acres from RS-9
Residential Single Family, to RMD Residential Medium Density.
.
Community Development Director, Brad Collins, reviewed the staff s report
recommending approval of the rezone application. Commissioners Porter and Schramm asked
if there have been any change in circumstances since the earlier application (REZ 01-05) in
October; 2001, when the Commission recommended the City Council approve the rezone. Staff
answered that the City Council did not take an action on the earlier application due to a tie vote,
and the applicant is free to reapply at any time. Director Collins said that he did not believe there
had been a change in circumstances dealing with the property or the proposaL
Commissioner Schramm questioned Director Collins as to the disposition of the 139
acres rezoned in 1995 from residential to residential medium density. Mr. Collins estimated that
approximately 20% of the property has since been developed as medium density housing.
Commissioner Nutter asked when school walking routes are reviewed for adequacy. Mr.
Collins answered that no new school walking routes have been designated because there are no
new schools. The School District may review their walking routes every year. Commissioner
Hewins added that, although the subject area is along a school bus route and students are not
expected to walk to school, students still walk and ride bicycles to schooL New circumstances
would need to be recognized to warrant a change in a designated school walking route. Mr.
Collins noted that development of the subject site will require sidewalk, curb, and gutter
improvements along the Eighteenth Street frontage ofthe site.
Commissioner Hewins asked ifthere have been any changes to the City's Transportation
Services and Facilities Plan (TSFP) where improvements are planned to Eighteenth Street. He
stated that, although industrial development usually brings improvements to an area, the Port of
Port Angeles has made it very clear that they do not plan to construct any improvements on the
south half of Eighteenth Street abutting their industrial property and have designed the Port's
industrial park to date such that improvements have not been required. Mr. Collins responded
that improvements to Eighteenth Street are not a main priority listing in the City's TSFP at this
point. For the past several years, infrastructure improvements, including sidewalks and a bus
stop, have been made by developers of the medium density housing developments that have
located adjacent to the subject property. This will probably be the only manner in which
improvements are made in the area for some time.
Commissioner Hewins asked if there is sufficient infrastructure without improvements
to allow more intensive development in the Eighteenth Street area. He does not believe that the
existing infrastructure in the area is adequate to allow another medium density residential
development at this time. Mr. Collins indicated that Eighteenth Street meets the City's
concurrency requirements, which are at or above Level of Service (LOS) D.
Commissioner Philpott asked Mr. Collins if there are ways to set aside City funds to
make improvements such as sidewalks to identified neighborhoods. Director Collins responded
.
Planning Commission Minutes - Febl'llll'Y 13. 2002
Page 9
.
that the City specifies capital facilities that are needed in certain areas through the City's Capital
Facilities Plan and sets development standards through the City's Urban Services and Guidelines
manual. The City currently does not have a standard for continual sidewalks and only requires
development of sidewalks in areas that are designated as arterials and/or school walking routes.
Commissioner Hewins stated that the City should make improvements to areas such as
Eighteenth Street if development of the area is desired.
Commissioner Nutter asked ifthe City is planning to improve Eighteenth Street when
the landfill is converted to a transfer station. Mr. Collins responded that no improvements are
planned to Eighteenth Street at the present time. The City's Engineering Division has indicated
that the arterial street is adequate to handle the predicted increase in traffic. It is not anticipated
that a change in the hauling characteristics to and from the landfill or other existing or new land
uses in the area will adversely affect the capacity of the roadway.
Commissioner Schramm asked if there had been a change in the property since 1995 that
would make the property less suitable for single family development. Director Collins noted
that there has been a change in household size identified in the 1990 Census. Single family
household size has decreased since the last housing needs assessment was done thereby causing
an increase in the need for medium density housing units.
Commissioner Porter asked if anything other than the drop in household size identified
in the census indicates a need for more medium density housing. Mr. Collins stated that the rate
of absorption of available medium density housing units indicates there is a need for more multi-
family housing than single family.
Commissioner Philpott noted that it is not unusual to plan for multi-family uses near
industrial areas. It is commonly done.
Commissioner Porter asked Serenity House Executive Director Dan Jacobs if specific
data is available which would indicate a general need for additional multi-family housing in the
City.
Dan Jacobs Executive Director for Serenity House, 2321 West Eighteenth Street,
answered that it is not affordable to put together single family residential housing for people who
are served by Serenity House. The type of housing that is needed for the services Serenity House
provides is multi-family group housing where various types of housing can be accommodated
in a consolidated area and where individualized services can be provided. There is a great need
for low income, permanent housing in the Port Angeles area. Hundreds of local low income
families cannot afford stable, clean, safe, affordable housing at this time. There may seem to be
a lot of available housing in the area, but most is not affordable to people in need.
Commissioner Hewins asked Mr. Jacobs if other sites had been considered. Mr. Jacobs
responded that originally other sites were looked into with a realtor but the subject property was
the most desirable given its location abutting other property developed for similar uses. The
subject property affords Serenity House the ability to consolidate its activities rather duplicate
them on a site in another neighborhood.
Commissioner Schramm stated that the Commission is not questioning the need for low
income housing but cannot consider convenience for the applicant or desire to increase the value
of a property as reasons for a rezone. The only consideration that may be made is whether or not
there is a need to create additional supply of land for a particular zone.
Commissioner Porter did not see any new circumstances that would warrant the rezone
as requested. If the City wants to see the area develop, it should improve Eighteenth Street such
that those increased densities and activities can be supported.
.
.
.
.
.
Planning Commission Minutes - February 13. 2002
Page 10
Commissioner Norton moved to recommend approval of the rezone as proposed
citing stafrs suggested findings and conclusions as follows:
Findings:
1. The applicant requests a change in the Zoning map designation of a 4.31 acre rectangular
parcel located on north of 18th Street and the William R. Fairchild International Airport
from Residential, Single Family (RS-9) to Residential, Medium Density (RMD).
2. The proposal consists of two lots that are 188,074.28 square feet in size and undeveloped
at this time.
3. The site is located in the Northwest Planning Area of the City, and the Northwest
Planning Area has the largest segment of undeveloped residential land in the City.
4. The Comprehensive Plan Land Use Map designates the area as a margin between Low
Density Residential (LDR) and Medium Density Residential (MDR).
5.
The properties to the east of the subject site are designated, zoned, and developed for
medium density multiple family residential uses, including Serenity House family
housing.
6. The properties to the west and north of the subject site are designated, zoned, but
sparsely developed for low density single family residential uses.
7. The properties to the south across 18th Street are designated, zoned, and developed for
industrial uses as the William R. Fairchild International Airport and industrial park.
8. The Comprehensive Plan has been reviewed with respect to the proposed rezone, and the
most relevant are as follows: Growth Management Element Goal A, Land Use Element
Goal A, Policies A.l and A.2, Objective A.l, Goal B, Goal C, Policies C.l-C.4, Housing
Element Goal A, Policies A.I and A.7, Goal B, Policies RI, R2, B.6, B.9, Objectives
Rl and B.2.
9. The subject site is served by 18th Street, which is a designated arterial that is serving the
neighborhood well including the multi-family housing developments east of the subject
property.
10. Clallam Transit provides bus service along 18th Street with bus stops in the near vicinity.
Because the applicant has another nearby location where Serenity House provides other
housing and social services, there are already existing services which may be utilized.
11.
The location adjacent to the airport is a concern due to potential noise conflicts with
residential activities.
.
.
.
Planning Commission Minutes - February 13, 2002
Page J J
12.
Multiple family housing may be constructed with greater soundproofing as a normal part
of its design.
13. Transitional housing for the homeless is a special housing need that is given specific
attention in the Comprehensive Plan but requires a conditional use permit in the Zoning
Code.
14. The 18th Street district has all the conditions available for this special housing need in
place such as public transit, an arterial street, vacant affordable land, and a non-profit
service provider.
15. A residential neighborhood is not established along 18th St., since the area is still in the
process of being developed with a mix of housing types and densities.
16. The purpose of the RMD zone is to allow for a mix of single family, duplexes, and
apartments at a density of greater than single family neighborhoods but less than the
RHD zone.
17. If approved to RMD zoning, a total of 53 dwelling units compared to 20 dwelling units
under RS-9 zoning could be permitted on the 188,074.28 square feet of area.
18.
Per Port Angeles Municipal Code 17.96.100, "In determining if an amendment to these
regulations is needed, the City Council shall give due consideration to the proper
relationship of such amendment to the Comprehensive Plan and the entire Zoning
Regulations; it being the intent to retain the integrity and validity of the zones herein
described and to avoid any isolated spot zoning changes in the Zoning Map."
19. In 1995, the lower density residential zoning comprised approximately 46% of the total
land base within the City limits, as compared to 4% of the higher density residential
zoning. Based on this analysis the Zoning Map was changed to add 139 acres of mostly
buildable Medium Density Residential (RMD) zoning to the available acreage and to
subtract the same 1 39 acres from RS-9 Residential Single Family. This additional RMD
zoned land increase the higher density residential acreage from 4 to 6.3% and similarly
decreased the lower density residential acreage from 46 to 43.6%. Annexations to the
City since 1995 have added more RS-9 zoned lands to the total. Considering only the
vacant buildable lands (approximately 400 acres of RS to 100 acres of RMD), the
availability of land remains in favor oflower density residential zones by about a 4 to 1
ratio.
20.
There have been minimal changes in the City's development trends or patterns in the
second half ofthe decade of the 1990's. The Clallam County Housing Needs Assessment
(1999) indicated that there were 1,878 multi-family rental units in 1998. According to
the Washington State Office of Financial Management, the City's April 2000, official
population estimates were based on 78% single family and 22% multi-family housing
Planning Commission Minutes - February 13. 2002
Page /2
.
21.
23.
24.
.
units with a declining household size. The trend in single family and multi-family
housing percentages in other communities also indicates increasing needs for multi-
family zoned land.
The Public Works and Fire Departments and the Building Division have made no
comments on the proposed rezone.
22.
The City's State Environmental Policy Act Responsible Official adopted the
Environmental Impact Statement, Addendum, and Supplemental EIS issued for the City
of Port Angeles Comprehensive Plan adopted in 1993-1995 and issued a Determinationof
NonSignificance (#965) for the proposal per WAC 197-11-355 on October 9, 2001.
There are no environmentally sensitive areas located on or adjacent to the subject
property. Subsequent development of the properties would require compliance with
various chapters of the Port Angeles Municipal Code, as it applies.
Public Notice was given on January 18,2002, identifying a written comment deadline
of February 7,2002, for consideration in the staff report to the Planning Commission for
a meeting date of February 13, 2002, on the proposed. The City received a written
comment letter from William and Jeanie Sallee on February 7, 2002 (Attachment C).
This site specific rezone application is limited to one "open record" public hearing before
the City Council. The meeting before the Planning Commission is not a public hearing,
and oral public testimony cannot be taken. According to R.C.W. 36.70B, Local Project
Review ("The Regulatory Refonn Act"), the Planning Commission shall hold a public
meeting, which may include an informal hearing, and make a recommendation to the
City Council. The recommendation is to be based solely on the information contained
in the official file which includes any written public testimony that was received by
February 7, 2002.
Concl usions:
1. The application is for a rezone only which addresses all potential land uses allowed
within that zone and not approval for any specific, subsequent development that may be
an allowed land use according to the Zoning Code.
2. The map's land use designations are intended to show areas where general land use types
are allowed. The area between land use designations should be considered an imprecise
margin in order to provide flexibility in determining the boundary of such areas. When
determining appropriate zoning designations for an area near a margin, the goals,
policies, and objectives of the Land Use Element should take precedence. Therefore, in
this case where the Comp Plan Land Use Map is not clear, analysis ofthe rezone must
specifically rely on the most relevant Comp Plan goals, policies, and objectives.
.
3.
Rezone REZ 02-01 for Serenity House is consistent with the City's Comprehensive Plan
Growth Management, Land Use, and Housing Elements as described in Finding #8.
Planning Commission Minutes. Febnwry /3, 2002
Page 13
.
4.
The Comp Plan accepts that districts may be composed primarily of residential uses of
a uniform density and that a healthy, viable district should be composed of residential
uses of varying densities which may be augmented by subordinate and compatible uses.
Since the surrounding existing development includes airport/industrial and multiple
family land uses as well as single family residential uses, 18th Street is a district within
the Northwest Planning Area ofthe City.
5. The City should ensure that the supply of land will be sufficient for all housing needs
including the provision of transitional and temporary housing for the homeless and/or
displaced families.
6. The City's action on Rezone REZ 02-01 is consistent with the established procedures for
amending the Zoning Code as specified in PAMC 17.96.100.
7. The need for multi-family housing has been identified and can be seen as a transitional
use between more intensive uses such as airport/industrial and less intensive low density
residential land uses. Based on these needs for additional multi-family zoned land in the
City of Port Angeles, the proposed rezone is found to be beneficial for the community
as a whole and compatible with the desired urban design of the City.
.
8.
Rezone REZ 02-01 is in the public use and interest and would increase the availability
of land for multi-family housing and possibly for special needs transitional housing in
the City.
.
The motion was seconded by Commissioner Philpott and failed 2 - 3 with
Commissioners Norton and Philpott voting for the motion and Commissioners Hewins,
Nutter, and Schramm voting in the negative. Commissioner Porter abstained from voting.
Director Collins asked Commissioner Porter to explain his reason for abstaining. Mr.
Porter said that he understands the applicant's intentions but agrees with other Commissioners
that the infrastructure in the Eighteenth Street area is not sufficient to withstand higher density
development. It does not appear that the City has any interest or inclination to spend the money
to make necessary improvements to Eighteenth Street which leaves him with grave concerns
about the safety of individuals who might be living in the area if a rezone is approved. He
understands the need for low income housing, but the City has ample property which is
designated for medium density use and which is not being developed.
Commissioner Schramm said the intended use is needed and necessary. However, he has
the same concerns as everyone else that we can't continue to develop this area without giving
support to the infrastructure, which the City has not done and does not appear to be intending
to do. There is other land available, and to rezone land without appropriate infrastructure and
need to increase the land supply for medium density housing should not be done.
Commissioner Hewins agreed with the previous comments. Serenity House does the
community a great service in all they do. However, there is plenty of other medium density
residential zoned land within the City available for development. The infrastructure in the area
does not support continued high density development.
Commissioner Nutter agreed that Serenity House does a fantastic job of providing
services to the community, but she felt that it is more important to protect the public and not
have an accident, especially with children where there aren't sidewalks. Therefore, we must
.
..
.
Planning Commission Minutes - Febroary J 3. 2002
Page J 4
make sure it is a safe area to live in by first requiring adequate infrastructure before allowing
rezones for higher density development.
Mr. Collins asked if he correctly understood that the majority of the Commission
members believe that no further development accessing Eighteenth Street should occur until
infrastructure improvements are made. Commissioner Hewins clarified that only rezones for
higher density development should be restricted until improvements to Eighteenth Street are
made. Mr. Collins asked if we would be protecting children walking along Eighteenth Street or
only children who might live in any new development.
Commissioner Porter emphasized that the City needs to do something with Eighteenth
Street and unless the City is going to make the road safe for traffic, this type of proposal cannot
be approved. Something needs to be done such that the City Council is aware of the problem
and the situation is corrected to allow this type of project to be a possibility.
REZONE APPLICATION - REZ 01-06 - CLALLAM COUNTY/CITY OF
PORT ANGELES. 223 East Fourth Street and 321 East Fifth Street: Rezone of
the east 6 lots of each government site that are incorrectly designated as
Residential High Density and Commercial Office respectively. Each site should
be identified as Public Buildings and Parks.
Assistant Planner Sue Roberds reviewed the staff's report recommending approval of the
rezone as proposed. [The Commission took a break at 9:30 p.m. The meeting reconvened at
9:40 p.m.] Following brief discussion, Commissioner Hewins moved to recommend approval
of the rezone as proposed citing the following findings and conclusions:
Findings
Based on the information provided in the February 13, 2002 staff report for REZ 01-06,
including all of the attachments, comments, information presented during the public meeting,
and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1. The proposed rezone was submitted by the City of Port Angeles Department of
Community Development on behalf of the City of Port Angeles and Clallam County.
A letter from Andy Meyer, Clallam County Planning Manager, indicates the County's
agreement with the proposed rezone application.
2. The rezone would designate Lots 1 - 3 and 16 - 18, Block 67, and Lots 1 - 3 and 16 - 18
Block 170, Townsite of Port Angeles from RHD, Residential High Density and CO,
Commercial Office, respectively, to PBP, Public Buildings and Parks.
3.
A 1995 City wide rezone identified and rezoned most properties that were not in
compliance with the City's Comprehensive Plan and Land Use Map. The two parking
lot areas were overlooked in that rezone action.
Plf/nning Commissioll Mill/lies - Febmary /3, 2002
Page 15
.
.
.
4.
The purpose of the City's CO zone (Section 17.20.010 of the P AMC)" is a
commercial zone intended for those business. office. administrative or professional uses
which do not involve the retail sale of goods, but rather provide a service to clients, the
provision of which does not create high traffic volumes, involve extended hours of
operation, or contain impacts that would be detrimental to adjacent residential areas. "
The purpose of the City's RHD Zone (17.15.010 PAMC) "... is a high density residential
zone for multi-family residential structures. Compatible uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential area, and
commercial enterprises are not generally felt to be compatible." The purpose of the
City's PBP Zone (Section 17.40.010 of the PAMC) is " A zoning designation for
publicly-owned property, or property not suitable for development by reason of its
topography, geology, or some unusual condition or situation. Much of the land
designated may best be left as "green belts. "
5. All ofthe 12 lots are currently being used as parking areas for governmental services and
serve as part of the City Hall and Clallam County Courthouse developments. The uses
generate a great deal of traffic and observe extended hours of operation.
6.
The rezone application was prepared on December 13, 2001 by the City Department of
Community Development and was detennined complete on December 13, 2001. A
Notice of Development Application was placed in the Peninsula Dailv News on January
18,2002, with a comment written comment period extending through February 2, 2002.
No comments were received during the 15 day development application comment period.
7. The SEPA Responsible Official issued a Determination ofNon~Significance (DNS) on
February 8, 2002, regarding this request.
8. The properties are designated as Commercial in the City's Comprehensive Plan and Land
Use Map. The Department Staff Report for REZ 01-06 dated February 13, 2002,
identifies the Comprehensive Plan's Land Use Element Policies Al and A.2., and D.l.,
as being the most relevant to the proposal.
9. Existing land uses adjacent to the subject properties are as follows:
To the north: Peabody Creek and residential trailer park
To the south: Office and residential uses
To the east: Peabody Creek, office, and residential uses
To the west: Public buildings
10.
The Comprehensive Plan Land Use Map designations adjacent to the subject site are as
follows:
To the north:
To the south:
To the east:
To the west:
Commercial and High Density Residential
Commercial
Open Space and Commercial
Commercial
.
.
.
Planning Commission Minutes - Febroary J 3, 2002
Page 16
11.
The zoning map designations adjacent to the subject properties are as follows:
To the north: Commercial Arterial
To the south: Commercial Office
To the east: Public Buildings and Parks and Commercial Office
To the west: Community Shopping District
12. The Planning Commission held a public hearing on the conditional use pennit proposal
on February 13, 2002.
Conclusions:
Based on the above listed findings, the City of Port Angeles Planning Commission hereby
concludes:
A. The rezone would appropriately designate the governmental uses as public buildings and
parks properties.
B. As approved, the rezone is compatible with the surrounding neighborhood and is not
adverse to the public use and interest.
c.
As approved, the rezone is consistent with the Comprehensive Plan Land Use Map and
the goals and policies of the Comprehensive Plan, specifically, those identified in
Finding No.6.
D. This action constitutes a recommendation to the City Council, which has final authority.
Commissioner Schramm seconded the motion which passed 6 - o.
Director Collins asked to revisit the issue of findings and conclusions in support of the
action on the SERENITY HOUSE REZONE 02-01. He suggested that staff be directed to
return at the February 27,2002, regular meeting with findings and conclusions in support of the
recommendation for denial to the City Council.
Following discussion as to the intentions of the Commission, Commissioner Hewins
stated that, if direction is given asking staff to prepare findings and conclusions in support of the
Commission's recommended denial, the findings make very clear the position that the
Eighteenth Street infrastructure is not developed to what the Commission believes is adequate
to support the current uses and therefore cannot support any increase in density development and
that Eighteenth Street is unsafe for cars and pedestrians.
The Commissioners questioned whether the motion should be amended as the public that
had been in the audience during the earlier action had left. Director Collins reminded the
Commission that the issue is being considered as a public meeting, not a public hearing, and
noted that the action ofthe Commission could be sent by mail to the parties of record, who had
been in the audience.
Commissioner Hewins asked that findings and conclusions be drafted that emphatically
reflect that the Commission's reasons for a recommendation of denial to the City Council are
.
.
.
Planning Commission Minltles
February 13. 2002
Page /7
based on the belieftbat the existing infrastructure in the subject area is inadequate and unsafe
to support an increase in density.
Commissioner Norton moved to direct staff to draft findings and conclusions for the
February 27, 2002, regular meeting in support ofthe Commission's recommendation of
denial of the REZ 02-01 and that those findings and conclusions be mailed to those parties
of record. Commissioner Porter seconded the motion. Commissioner Schramm added that
as each Commissioner had voiced their opinion as to their earlier vote and that acceptance of the
findings and conclusions be a formality rather than a chance for more discussion. further debate.
The motion passed 4 - 2. Commissioners Schramm, Porter, Philpott, and Norton voted for the
motion, with Commissioners Hewins and Nutter voting against.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Director Collins reminded Commissioners about the land use liability training session being
conducted by the Washington Cities Insurance Authority (WCIA) on Wednesday, February 20,
2002,3:30 p.m. to 6:00 p.m. in the City Council Chambers. He encouraged all Commissioners
to attend.
Mr. Collins also noted a memorandum from City Attorney Knutson regarding the court's action
upholding the Planning Commission's decision in approval of the Highland Court conditional
use permit.
REPORTS OF COMMISSION MEMBERS
The Commission welcomed Commissioner Rick Porter back to active duty on the
Commission as he has been away for several months on active duty in the U.S. Air Force.
Commissioner Norton noted that he will be absent April through May on vacation.
Committioner Philpott noted that he will be on vacation mid June.
Commissioner Nutter distributed the Port of Port Angeles Comprehensive Scheme of
Harbor Improvements document and reminded others of the joint City/County Planning
Commission discussion to be held on Saturday March 16,2002.
ADJOURNMENT
The meeting adjourned at 10;10 p.m.
.~~~
Brad Collms, Secretary
~tt!.!:~
PREPARED BY: S. Roberds
· FORTANGELES
WAS H I N G TON. U. S. A.
.
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
.N
Meeting Agenda of:
2- /1':0 JD }---
/ I
PLEASE NOTE: IE you plan to testify, by signature below, you cenify that the testimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Si nature below DOES NOT REQUIRE ou to testi - it on acknowled es our resence.
.
j
Agenda Item No.
"<"
.