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HomeMy WebLinkAboutMinutes 03/10/1982 . III . . PLANNING COMMISSION Port Angeles, Washington Narch 10, 1982 I CALL TO ORDER Chairman Anderson called the meeting to order at 7 PM. II ROLL CALL Members Present: Patrick Downie, Richard Wight, Jerry Cornell, Richard Anderson, James Hulett, David Brewer, Milton E. Ranta Members Absent: None Staff Present: Paul D. Carr, Dan VanHemert, Louise Frost, Gary Braun, Andy Rose APPROVAL OF MINUTES Mr. Brewer moved to approve the minutes of the February 24th meeting as submitted. Mr. Ranta seconded the motion, which passed unanimously. IV HEARINGS CONDITIONAL USE HEARING - PRICE. Reconsideration of extension of Conditional Use Permit approved August 18, 1981, based on change in conditions. Location: 32l West Eighth Street. (Continued from February 10, 1982~) Mr. VanHemert reviewed the record on this matter, and the reason for reconsideration. The applicant is requesting that the existing parking variance be reduced from 2l to 7 spaces. Chairman Anderson opened the public hearing. Anne Price said the building has reverted to its original use, so she is requesting that 7 spaces available on site be required. Mr. Downie explain~d that another business could not be added without Commission and Council action; and Mrs. Price said she understood. Chairman Anderson closed the public hearing. The Commission discussed monitoring the building to assure compliance, and determined that 3 people now work on the premises. . . . ~ Planning Commission March 10, 1982 Page 2 Mr. Downie moved to recommend approval of the reduction in required parking down to 7 spaces, for a period of one year, with the following conditions: 1. That the present business occupancy of the premises be not altered in any way; and should the business wish to expand its services, such request must be made to the Planning Commission. 2. That the Planning Department shall review the situa- tion prior to any Commission consideration of renewal at the end of the one-year extension. Mr. Brewer seconded this motion, which passed unanimously. CONDITIONAL USE HEARING - STEPHENS. Request for extension of a Conditional Use Permit to operate a floral decoration business as a Home Occupation. Location: 804 East Second street. Mr. VanHemert reviewed the request for extension; and noted that no public comments have been received. Chairman Ander- son opened the public hearing. Doreen Stephens said that the only change in the operation has been that with her retirement last year, she can devote more time to making the silk flowers. Chairman Anderson closed the public hearing. Mr. Brewer moved to recommend approval of the Conditional Use Per~it to operate a floral decoration business as a Home Occupation for an additional two-year period, subject to the original conditions. Mr. Ranta seconded this motion, which passed unanimously. CONDITIONAL USE HEARING - GAU. Application for a Conditional Use Permit to re-establish duplex use of an existing structure in the RS-7 District, which applicant states existed prior to adoption of the Zoning Ordinance. Location: 528 West Twelfth Street. Mr. VanHemert reviewed the Department Report, which noted that there has not been 2 families living in the structure for considerably more than a year, and recommended denial. Chairman Anderson opened the public hearing. K. F. Gau, 1884 Gunn Road, said he wishes only to install a separate electrical service and fix up the rear portion, which apparently has been used as a separate dwelling unit for many years. He purChased the property with the inten- tion of using it as a two-family structure, but for medical Planning Commission March 10, 1982 Page 3 . reasons, was unable to work on it. There is ample area available for parking on the loti and using the structure for two families would not increase the population density. Mr. Brewer observed that Mr. Gau should have applied for the necessary Conditional Use Permit when he purchased the property. Loren Luce, Sequim, who owns the property to the east, said the building has been there for a number of years as a divided structure with someone evidently living in the rear section two years ago. Rod Downen, who sold the property to Mr. Gau, said the structure was divided into two units and was used as two separate units. Chairman Anderson closed the public hearing. . Mr. Downie expressed concern that approval of this applica- tion could establish a precedent. Mr. wight suggested that the use as a two-family structure has been established, and there is no apparent objection by the neighbors. Mr. Brewer inquired if the purchaser had access to the requirements for a two-family structure at this location; and My. Carr re- plied that the Zoning Code is generally available to people. Furthermore, if nonconforming uses cease for a period of more than one year, the use loses its "grandfather" rights. Mr. Brewer said that the use of the property for a two-family dwelling is definitely in conflict with at least two of the Purposes of the Zoning Code, and further would encourage overcrowding. He then moved to recommend denial of the ap- plication. Mr. Downie seconded this motion. On call for the question, Messrs. Downie, Hulett and Brewer voted."yes"; with Messrs. Wight, Cornell and Ranta voting "no". Chairman An- derson cast. the deciding "yes 11 vote for denial, as being in keeping with Commission policies. PLANNED RESIDENTIAL DEVELOPMENT HEARING - KEY. Re- quest to consider a proposed Planned Residential De- velopment on approximately 25 acres. Location: South of Campbell Avenue; east of Mount Angeles Road; bordering White Creek on the east. (Continued from February 10, 1982.) Mr. VanHemert said the Department is reviewing the comments and letters received, primarily traffic impacts, and recom- mended a one-month continuance. Mr. Carr suggested that new information could be heard by the Commission. Chairman Anderson opened the public hearing for new information only. . John Drain reviewed a letter he submitted last week, and said that more than 100 dwelling units have been constructed in the immediate area in the last few years, impacting all the public utilities and services, and suggested that the EIS be updated to take that construction into consideration. Rick Planning Commission March 10, 1982 Page 4 .' Schiefelbein, representing the North Olympic Soccer Asso- ciation, said the Parks Department has closed Shane Park and Civic Field to all soccer except league games. The proposed park in the PRO is insufficient for soccer. Mr. Key should be required to give some consideration to a realistic field size. Todd Holm delivered two additional letters from residents in the area. He is in favor of development in the area, but suggested that the new de- velopment had significant impact on both Campbell Avenue and Porter Street, which need considerable improvement. Juliette Hall, 535 West 13th Street, said she has been unable to sell a house at Porter and Craig due to a drain- age problem and water under the house. Mr. Downie inquired if the problem had increased as a result of the development in the area over the last two years, and was told "yes". Bruce Erlwein also said the storm water drainage problem has increased over the past several years. Johnie Key said that he will reserve his comments until the next meeting. Chairman Anderson closed the public hearing. . Mr. Brewer moved to continue this matter to April 14th. Mr. Ranta seconded the motion, which passed unanimously. [A S-minute recess was taken at 8:20, and the meeting reconvened at 8:25.1 REZONE REQUEST - HOPPER. Request to rezone 19.43 acres from RS-9 (Single-Family Residential) to RMF (Residential Multi-Family). Location: An L-shaped parcel with the northerly portion between 14th and 16th streets, approximately 820 feet west of "N" Street and immediately east of Kedter Woods; and the southerly portion between 16th and 18th Streets, approximately 208 feet west of "N" Street. (Con- tinued from February 10,1982.) Mr. Hulett excused himself on the appearance of fairness and left the hearing room. . Mr. Carr reviewed the prior tabling of this matter to allow the Commission and Council to discuss contract rezones. The Council made no decision to undertake such procedures; there- fore, the application should proceed under the current or- dinances and procedures. The Department considers denial of the rezone the more appropriate action; and considers the PRD essentially an apartment-type complex. Mr. Carr reviewed several additional Staff concerns. The rezone requires a separate motion and findings of fact, and must precede the PRD. The plan and model should be considered only illus- trative of what could be built under ~w zoning during the rezone hearing. Planning Commission March 10, 1982 Page 5 . Mr. Downie moved to reopen the public hearing for the pur- pose of receiving new information, but for only one-half hour maximum time. Mr. Wight seconded this motion, which passed unanimously. Chairman Anderson opened the public hearing. Louie Torres, Clark & Associates, distributed a letter to the Commission: and referenced the proposal modifications that were made to mitigate the environmental impacts. Mr. Carr acknowledged the applicant's modifications. Mr. Torres then read his letter into the record, suggesting the Com- mission either rezone the entire 9.7 acres, as modified; or rezone the northerly 4.85 acres and table the southerly 4.85 acre rezone to the first Commission meeting in Septem- ber, 1982, which would give the applicant a six-month period to submit a PRD application. The applicant does want to proceed with the northerly 4.85 acres. . Ken Williams, attorney representing area property owners, said that without a contract rezone, the exhibited model has no meaning. If an EIS had been prepared, it could im- pose conditions on the rezone; restrictive covenants could be filed on the property. Rezoning requires a showing of change in circumstances in the area, and none has been demonstrated. Scott Hopper repeated that the PRD will not result in devalua- tion of other property in the area. Mr. Downie inquired the number of units which could be built if the property were rezoned RMF. Mr. Carr calculated the maximum density under RS-9 and RMF. Chairman Anderson closed the public hearing. Mr. Cornell asked if a PRD could be established under the existing zoning, and was told "yes". Mr. Wight said he con- siders a large rezone from RS-9 to RMF inconsistent with the Objectives of the Comprehensive Plan: multi-family units suggested therein should be in smaller groups. Many nearby property owners have expressed opposition to the proposal, and there has been no information to support the need for this type of development. e Mr. Hopper requested that the rezone be continued so he could seek additional legal advice. He also requested that the Commission consider rezoning only the northerly 4.85 acres at this time. Mr. Cornell repeated that the poten- tial hazards of the rezone must be considered separate from the PRD proposal, as the existing zoning could permit a PRD. Mr. Carr observed that the public hearing has been closed; such comments should have been offered during the time the hearing was open. Planning Commission March 10, 1982 Page 6 . Mr. Downie moved to reopen the public hearing to allow the applicant to clearly state his intentions. Mr. Brewer seconded this motion, which passed unanimously. Mr. Hopper repeated that he .wished the Commission to evaluate the PRD model as it exists and continue the rezone hearing to allow him to clarify his understanding of the City's position on contract rezoning. Mr. Wight said that it is his under- standing that Mr. Hopper has already formally amended his rezone from the original 19.4 acres down to 9.7 acres. Now it appears an additional reduction in the area of the rezone is proposed to 4.85 acres. Chairman Anderson interjected that Mr. Hopper had earlier requested a continuance. Mr. Hopper repeated that he had an understanding that there would be no complications in getting contract rezoning applied to his project. Considerable discussion ensued. Mr. Ranta ob- served that there appeared to be a lack of communication be- tween Mr. Hopper and his consultants. Chairman Anderson closed the public hearing. . Mr. Cornell moved to deny the applicant's request to continue the rezone hearing, based on information provided this even- ing. Mr. Ranta seconded this motion, which passed unani- mously. Mr. Downie moved to recommend denial of the request to re- zone 19.43 acres, amended to 9.7 acres, from RS-9, Single- Family Residential, to RMF, Residential Multi-Family, with findings of fact as presented in the public hearings in con- junction with the testimony received; that the proposal, as presented, raises questions of negative impacts on the exist- ing single-family residential uses, pursuant to Comprehensive Plan Residential Policies Nos. 15 and 18, specifically; that the level of development as presented is, in general, not consistent therewith; that it will not, at this point in time, serve the best interests of the community at large. Mr. Brewer seconded this motion, which passed 6 - O. [Mr. Hulett returned to the hearing room.] PLANNED RESIDENTIAL DEVELOPMENT HEARING - HOPPER. Request to consider a proposed Planned Residential Development on approximately 4.84 acres. Location: Between 14th and 16th Streets, approximately 820 feet west of "N" Street and immediately east of Kedter Woods. (Continued from February 10, 1982.) . Mr. Downie moved to continue the Hopper PRD to April 14th, and suggested that the Department work with the applicant and the City Attorney to clarify the differences of opinion. Mr. Wight seconded this motion, which passed 6 - 0, with Mr. Hulett abstaining. . . - Planning Commission March 10, 1982 Page 7 REZONE HEARING - ELlA. Request to rezone 8.75 acres from RS-9 (Single-Family Residential) to RMF (Residen- tial Multi-Family). Location: Midway between "M" and "Nil Streets, and lying between 12th and 14th Streets. (CoItinued from February 10, 1982.) PLANNED RESIDENTIAL DEVELOPMENT HEARING - ELlA. Re- quest to consider a Planned Residential Development on approximately 8.75 acres. Location: Midway be- tween "Mil and "N" Streets, and lying between 12th and 14th Streets. (Continued from February 10, 1982.) Mr. Wight moved to continue these two matters to the April 14th meeting. Mr. Ranta seconded this motion, which passed unanimously. V COMMUNICATIONS FROM THE PUBLIC Bob Ketchum, 2421 West 18th Street, apologized for his out- burst during the Hopper rezone matter, after the public hear- ing had been closed. VI STAFF REPORTS Mr. Carr said the Short Course on Planning has definitely been scheduled for March 24th, and will be from 7 to 10 PM in the Council Chambers. VII REPORTS OF COMMISSIONERS Chairman Anderson suggested that a new Vice-Chairman should be elected to replace Mrs. Thompson, who has retired from the Commission. Mr. Brewer nominated Mr. Ranta to be Vice-Chairman. Mr. Downie seconded this motion. There being no other nomina- tions, Mr. Ranta was unanimously elected Vice-Chairman of the Commission. Messrs. Downie, Wight, Cornell, Hulett and Brewer had no reports. Mr. Ranta asked if Home Occupation Conditional Use Permits are granted to the person or the facility. Mr. Carr ex- plained that they are granted to the individual at the re- quested location and are not transferable, either to another person or location. . . . Planning Commission March 10, 1982 Page 8 VIII ADJOURNMENT The meeting adjourned at 10:30 PM. g"&d~~ . Carr, Secretary Tape condition: Satisfactory LF:DVH:PDC:LF 4K4!~ . Date: ;3 rJf) -~ i . CITY or PORT ANGEL]~S ~~ Type of Meeting: Locotion: . ADDReSS ^GI:NCY 41J~, . .. {{ . /:- D~ 'S-tcp~ ~&,~1 . ~w,O~ ~ S 04 b', d.~ 2'!>>~ JY:/t~' . 2~O ~ c;;'1.- ] ~, J () ~ J< (A \?-A. fa . r .?- d:. ;Jox 7 2 /' ' . ..... ~o t-"7-- Anjt> (pI , II? 1 ?tA~//Jye - Il& fiL-/.e.~ ~ ;2'Lfo/. W /4 /P~ tfJ~~tP~~ 9";/ . 35 'VA-' uvE. g:'7cJ . 6/~ Idle, & Q.J) # . tJ-o d 3 w. J G '6/f ~/b ~ ~ck/~',-( .~ I . -o/~. .1'.~~/1~~" Jtr~ ~' ; - . ~(k , ~~"-!Y e, ~~ i . I I i . . ., . i , I - I I , 1 I' _I' I t J. I i . . , ! J f i i f ~ .'1 .. I 0' . I I d_tJ 0 (J.. . u.J {'j ":! J9_u . /0 0 a ~ -', f- .~-::/~ r-<.-t. -- . , i i. i. .) ~? 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