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HomeMy WebLinkAboutMinutes 04/11/1990 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth street Port Angeles, WA 98362 April 11, 1990 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of March 28, 1990 IV. PUBLIC HEARINGS: . 1. ANNEXATION REQOEST - ANX 90(02)1 SCHNEIDER. et.al.. Tumwater Truck Route area: Request for annexation of approximately 26.21 acres of property south of the present city limits. 2. REZONE REOUEST - REZ 90(02)1 - SCHNEIDER. et.al.. Tumwater Truck Route area: Request for rezone of property designated RS-9, Single-Family Residential, to LI, Light Industrial. 3. CONDITIONAL USE PERMIT - CUP 90(04)2 - CRESTWOOD - 1116 East Lauridsen Boulevard: Request for a conditional use permit to allow the expansion of a nursing facility and the addition of assisted living units to the site. 4. CONDITIONAL USE PERMIT - CUP 90 (04) 3 - GALLACCI. 1010 East Front street: Request for a conditional use permit to allow a daycare facility for 60 children to operate in the ACD, Arterial Commercial District. 5. ZONING CODE AMENDMENT - ZCA 90 (04) 1 - McNUTT - Arterial Commercial and Central Business Districts: Request for an amendment to language in the ACD and CBD Districts dealing with mixed commercial/residential development with commercial use fronting an arterial street. . . . . Agenda April 11, 1990 Page 2 6. STREET VACATION REQUEST - STV 90(04)1 - portion of East sixth street: Request to vacate a portion of city right-ot-way. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT The Planning Commission will not commence a new hearing beyond 10 P.M. Any item not started prior to that time will automatically be continued to the next current planning meeting of the Commission. . . . PLANNING COMMISSION Port Angeles, Washington April 11, 1990 I CALL TO ORDER Chairman Leonard called the meeting to order at 7:05 P.M. II ROLL CALL Members Present: Jim Hulett, Bob Philpott, Larry Leonard, Donna Davison, Ray Gruver, Roger Catts. Members Absent: william Anabel (excused). Staff Present: Grant Beck, Sue Roberds, Bruce Becker. Chairman Leonard introduced Roger Catts, the new Commission member appointed by the city Council April 3, 1990, to fill the vacancy left by the resignation of past Chairman Jerry Cornell. The Commission members welcomed Mr. Catts to the Commission. III APPROVAL OF MINUTES Ms. Davison moved to approve the minutes of the March 28, 1990, meeting as written. Mr. Philpott noted correction of a typographical error in the minutes. Mr. Gruver seconded the motion, which carried 5 - 0, with Mr. Catts abstaining. Chairman Leonard explained the public hearing procedure to those present in the audience. IV PUBLIC HEARINGS ANNEXATION REQUEST - ANX-90 (021 - SCHNEIDER, ET AL, Tumwater Truck Route area: Request for annexation of approximately 26.21 acres of property south of the present city limits. Mr. Beck rev iewed the Department Report, which recommended approval of the annexation request. Chairman Leonard opened the pUblic hearing. Richard Schneider, 130 Bellfield Avenue, Sequim, indicated that the Department Report had adequately summarized his proposal, and he had nothing further to add. Commission members questioned Mr. SChneider as to the intent of the annexation request and whether the applicant understood the procedure to inittally annex property to the City of Port Angeles as RS-9, Sin~le-Family Residential. Mr. Schneider explained that he understood the procedure. . . . PLANNING COMMISSION April 11, 1990 Page 2 There being no further questions or comments from the audience, Chairman Leonard closed the public hearing. Following discussion, Ms. Davison moved to recommend approval of the annexation request, citing the following findings and conclusions: Findinqs: 1. Public notice of public hearing as required by the Port Angeles Zoning Code and the Revised Code of Washington has been given. 2. The Port Angeles SEPA Responsible Official has issued a Determination of Non-Significance for the proposed annexation, fulfilling the city's responsibility under the State Environmental Policy Act. 3. The proposal would annex approximately 23.21 acres along the southern end of the Tumwater Truck Route into the city of Port Angeles. 4. The proposed annexation area is bordered on three sides by the City of Port Angeles. 5. The annexation area includes a portion of the Tumwater Creek Ravine, which is identified by the Port Angeles Environmental policy Ordinance as a sensitive area. 6. The annexation area is currently zoned Light Industrial (M-2) and Urban Residential 1 (UR-1) by Clallam County. 7. The Port Angeles Department of Public Works has stated that the city's sanitary sewer system would have to be extended to the annexation area and that the existing water and road system may have to be upgraded prior to issuance of building permits in the area. 8. One hundred percent of the property owners within the proposed annexation area signed the petition for annexation. Conclusions: A. The proposed annexation is consistent with the Policies of the Port Angeles Comprehensive Plan. B. The proposed annexation is consistent with the Policies of Chapter 35A.14 ReW. Mr. Hulett seconded the motion, which passed 6 - o. PLANNING COMMISSION April 11, 1990 Page 3 . REZONE REQUEST - REZ-90 (02) 1 - SCHNEIDER, et aI, Tumwater Truck Route Area: Request for rezone of property designated RS-9, single-Family Residential, to LI, Light Industrial. Mr. Beck reviewed the Department Report, and answered ques- tions from Commissioners pertaining to the environmentally sensitive designation of the area west of the Tumwater Truck Route. Mr. Beck explained that the areas shown on the map as environmentally sensitive are proposed by staff to not be rezoned from RS-9 to LI to protect those environmentally sensitive areas. The areas proposed by staff to remain RS-9, Single-Family Residential, are listed under one ownership (Gilbertson property). Chairman Leonard opened the public hearing. Richard Schneider, 130 Bellfield Avenue, Sequim, stated there were no objections to the rezone boundaries as proposed by staff. Mr. Schneider had nothing further to add to the Department Report. . Michael Grooms, 4108 Newell Road, an applicant in the rezone request, stated that he had no objection to the rezone proposal as amended by staff. Chairman Leonard asked those in the audience if there were any other applicants/general public present who objected to the proposed rezone boundaries, as proposed by staff. There being no one present, Chairman Leonard closed the public hearing. Following discussion on property lines and zoning designa- tions, Mr. Philpott moved to recommend approval of the rezone as requested by staff, citing the following findings and conclusions: Findings: 1. A portion of the property proposed for rezone ~s currently being annexed into the city of Port Angeles, at which time it will be zoned RS-9, Residential Single- Family. . 2. -The 'portion .of .the property proposed for rezone currently being annexed into the city is now identified by the Clallam County Zoning Code as M2 (light industrial) and URl (Urban Residential 1). The portion of the property currently within the City limits is zoned RS-9 (Residential Single-Family). 3. 4. The area is characterized by light industrial uses along a major industrial truck route. PLANNING COMMISSION April 11, 1990 Page 4 . 5. A portion of the property proposed for rezone is identified by the Port Angeles Environmental policy Code (Chapter 15.04 PAMC) as an environmentally sensitive area. 6. Areas to the north of the property are currently zoned LI (Light Industrial) and property to the west is zoned RS-9 (Residential Single-Family) and RMF (Residential Multi-Family) . 7. Public notice of public hearing was given by publication in the peninsula Dailv News and by posting the sUbject property and surrounding areas. 8. The Port Angeles SEPA Responsible Official has issued a Mitigated Determination of Non-significance to the proposal. Conclusions: A. The proposal, as amended, is consistent with the Goals, POlicies, and Objectives of the Port Angeles Compre- hensive Plan. . B. Public Notice, as required by the Port Angeles Zoning Code, has been given, and a public hearing before the Port Angeles Planning Commission has been held. C. The city's responsibility under the state Environmental Policy Act, Chapter 43.21C RCW, has been fulfilled. Mr. Gruver seconded the motion, which passed 6 - o. CONDITIONAL USE PERMIT - CUP-90(04)2 - CRESTWOOD - 1116 East Lauridsen Boulevard: Request for a Conditional Use Permit to allow the expansion of a nursing facility and the addition of assisted livinq units to the site. Mr. Beck reviewed the Department Report, and expanded on the conditions proposed by staff to help minimize impacts of the development to the area. There was considerable discussion -'-'Concerning' a'-possible' LID for .improvements to the area, or a non-protest agreement for future development in the area. . Chairman Leonard opened the public hearing. Tim Haley, 1738 West Ninth street, representing the applicant, presented visual aids to explain the property location and the proposed development of the site. Mr. Haley further stated that the 65 to 70 year old age group at present has a popula- tion of 17,000,000 people, and it is predicted by the year 2010 that the age group will number 28,000,000. He felt that it was important to note that studies show Port.Angeles.is PLANNING COMMISSION April 11, 1990 Page 5 . noted as the tenth most likely area to retire to in the United States, and by the year 2010, Clallam County and Port Angeles will feel the increase dramatically in the older age groups. Crestwood Convalescent Center was established in 1968. Fol- lowing the addition, the establishment should have a total of 112 beds (15 new beds), including a child care area for staff. Seventy to 80 assisted living units are proposed for the addition in this permit request. Mr. Haley was mainly concerned with the City's required improvements to Park Avenue and Lauridsen Blvd. He stated the applicant would not object to a non-protest agreement for upgrade to those streets. Mr. Haley explained the differences between assisted living/minimal care/nursing homes, and distributed information distinguishing the various types of assisted unit facilities. Mr. Haley explained the phasing of the project. Bill Folden, 1116 East Lauridsen Blvd., the applicant, stated that he agreed with the Department Report, but did have ques- tions on upgrade to the roads in the vicinity: specifically, Lauridsen Boulevard and Park Avenue. . Mr. Beck explained that requirements for upgrade are imposed by the City Council, which include paving to the middle of the road, plus 10 feet, with curb and gutter on the develop- ment side. In response to a question from Ms. Davison concerning the extent of nursing care available in the proposed addition, Mr. Folden explained that this is a minimum support housing facility, which houses active elderly people who may need some supervision but can look after themselves with a minimum of support. Mr. Haley explained the parking lot arrangement and the circulation within the site. There being no further comments, Chairman Leonard closed the public hearing. There was further discussion concerning road improvements. Mr. Gruver moved to recommend. approval of the Conditional Use Permit, as requested, subject to the following conditions, and citing the following findings, and conclusions: Conditions: . a. Prior to issuancE;!.. of a building permit for the proposal, the applicant.shall prepare a landscaping plan designed to ensure that the development is aesthetically compat- ible with the surrounding uses. The plan shall be approved by the "'Planning Department and implemented by PLANNING COMMISSION April 11, 1990 Page 6 . the applicant prior to issuance of an occupancy permit for the structures. b. Prior to issuance of a building permit for the proposal, the applicant shall sign a non-protest agreement for the formation of a Local Improvement District for the improvement of Lauridsen Boulevard and Park Avenue. c. Prior to issuance of a building permit the applicant shall resolve the conflict in the building plan with the City's three-phase primary overhead line south of the existing convalescent center. Findings: 1. The Port Angeles Zoning Code requires that prior to acting on a Conditional Use Permit, the Planning Commission must hold a duly advertised public hearing. 2. Public notice, as required by the Port Angeles Zoning Code, has been given. 3. The property subject to the permit application is described as Blocks 2, 3, and 11 of Campbell's Addition to Port Angeles, together with portions of vacated streets and alleys, and is located within an RS-9 Zoning District. . 4. The Port Angeles Zoning Code allows "nursing and con- valescent homes" as a conditional use in the RS-9 Zoning District. 5. The Port Angeles Zoning Code states that the Planning Commission shall consider all applications for Con- ditional Use Permits and may grant said permits for such uses as by the Zoning Regulations are required to be reviewed and which can be permitted only upon granting of a Conditional Use Permit. 6. The Zoning Code states that the purpose of the Condi- tional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. 7. The Department of Public Works has indicated during review of the proposal that Park Avenue and Lauridsen Boulevard are not improved to current standards and should be updated. . 8. The Light Department has indicated, during review of the proposal, that no structure can be constructed beneath the existing three-phase power line owned by the City of Port Angeles. PLANNING COMMISSION April 11, 1990 Page 7 . Conclusions: A. The proposed activity can be permitted through the granting of a Conditional Use Permit. B. The proposal, as conditioned, is consistent with the tests for issuance of a Conditional Use Permit, as found in Article XI, Section 5 of the Port Angeles Zoning Code. C. Procedural requirements relating to public notice and public hearing have been accomplished. Mr. Hulett seconded the motion, which passed 6 - O. The Commission took a 5-minute break at 8:24 P.M. CONDITIONAL USE PERMIT - CUP-90 (04) 3 - GALLACCI, 1010 East Front street: Request for a Conditional Use Permit to allow a daycare facility for 60 children to operate in the ACD. Arterial Commercial District. . Ms. Roberds reviewed the Department Report, recommending approval of the daycare use, with conditions as proposed, to mitigate impacts to the area, and noted a letter received April 11, 1990, from the property owner to the west, stating parking concerns and previous impacts. The Department Report also outlined the history of the previous Conditional Use Permit for the site. Chairman Leonard opened the pUblic hearing. Ken Williams, 2504 South Oak Street, representing the appli- cant, stated there is a need for daycare in Port Angeles, as well as Clallam County. He read a letter in favor of the daycare use from Virginia Leffers, 1039 Spruce street. Mr. Williams further stated that the applicant has gone out of her way to educate daycare patrons as to the use of the available parking areas, concerning ingress and egress routes. Val Gallacci, 2185 Freshwater Bay Road, the applicant, stated that the site meets playground area requirements, as required by DSHS (not including the parking area to the south of the building, which presently has eight spaces noted on the site plan as employee parking). Ms. Gallacci stated that the most northerly fenced-off paved area is sufficient to meet play- ground requirements set by DSHS. However, the entire paved area to the west and south, a portion of which is required to meet minimum parking requirements, is more functional as a playground area and is sometimes used as such. . Mr. Philpott asked whether the rear fenced parking area could be used as a playground, in light of the hazards that auto- mobiles and children can present in a mixed use situation. PLANNING COMMISSION April 11, 1990 Page 8 . Ms. Roberds noted that in a conversation with the applicant, the applicant stated that DSHS approved the parking layout with the mixed use and with the fence situation. Ms. Davison noted that backing into an alley is not permitted, and asked the applicant if she was aware of that fact. Ms. Gallacci indicated there are many situations in town where there is backing occurring onto an alley. Renee Cochrun, 978 West Scribner Road, daycare use. Ms. Cochrun noted Ms. comply with the parking requirements, previously stated. spoke in favor of the Gallacci 1 s effort to as Ms. Gallacci A letter was submitted by Jana Payne, 317 Ahlvers Road, in support of the daycare use. There being no further comments, Chairman Leonard closed the public hearing. The Commission discussed the parking situation, as well as emergency exits, ingress and egress to the property, and alternatives to the parking situation. . Ms. Davison moved to recommend approval of the Conditional Use Permit as requested, subject to the following conditions, and based on the following findings and conclusions: Conditions: 1. Within thirty days of the date of approval of the Condi- tional Use Permit, the applicant shall submit a parking plan to the Port Angeles Planning and Public Works Departments for approval. The plan shall be fully implemented by the applicant within thirty days of approval of the plan by the Washington state Department of Social and Health Services. 2. The facility is continuously licensed by DSHS and all licensing requirements be strictly observed. 3. All requirements of the Fire and Light Departments be complied with. 4. If, after one year, the permittee does not comply with the permit requirements and conditions, the permit may be reviewed and action taken, including revocation of the permit. . Findinqs: A. The applicant has requested a Conditional Use Permit to continue operation of a day care at 1010 East Front street. PLANNING COMMISSION April 11, 1990 Page 9 . B. The applicant has operated a day care at this facility for the past five years. c. A public hearing has been scheduled, per Article XI, section 7, of Ordinance No. 1709, as amended. D. The day care facility is licensed by the Department of Social and Health Services for up to 65 children. E. There have been complaints received from a neighboring property owner concerning parking for this use. F. The applicant has stated that the hours of operation are 5:30 AM to 6:30 PM. G. There have been no complaints regarding the use, other than parking. Conclusions: 1. As conditioned, the use should not adversely affect the public health, safety, or welfare, or contribute to the depreciation of any neighboring properties. . 2. As conditioned and licensed by DSHS, the day care center should offer a safe and healthy environment for children, as well as a convenient commercial location for working parents to leave their children. 3. As conditioned, the parking for the facility should not adversely impact the neighboring properties. 4. As proposed, the facility meets standards set forth for approval of Conditional Use Permits (Article XI, Sections 5 and 7, Ordinance No. 1709, as amended). Mr. Gruver seconded the motion, noting that a statement be placed in the file from the Department of Social and Health Services that commingling of cars and a play area for the children is consistent with DSHS policies, or the permit be brought back to the Planning commission for further review. The question was called and the motion carried 6 - O. . ZONING CODE AMENDMENT - ZCA-90(04)1 - McNUTT - Arterial Commercial and Central Business Districts: Request for an amendment to language in the ACD and CBD Districts dealing with mixed commercial/residential development with commercial use frontinG an arterial street. Mr. Beck reviewed tha Department Report. He answered ques- tions from the Commissioners regarding the proposal and the current residential tises allowed in the Arterial Commercial and Central Business Districts of the city. PLANNING COMMISSION April 11, 1990 Page 10 . Chairman Leonard opened the public hearing. Tim Haley, 1738 West Ninth Street, presented background on the Zoning Code Amendment request. He explained in detail the mixed commercial/residential concept proposed and its advan- tages to hillsides within the Arterial Commercial District. Mr. Haley stated that the proposal gives clarification to the Arterial Commercial District and a definition for mixed uses. Mr. Beck explained that the proposal, as presented by the Planning Department, allows both commercial and residential uses in the Arterial Commercial District, provided that in the mixed residential/commercial use, there is a minimum of 500 square feet devoted to commercial activity and 50% commercial use fronting on the street, on each site. There being no further comment from the audience, Chairman Leonard closed the public hearing. The Commission discussed the intent of the Arterial Commercial and Central Business Districts, as well as the proposed Zoning Code Amendment and its benefits to those districts. . Following discussion, Mr. Gruver moved to recommend approval of the Zoning Code Amendment as proposed, to allow mixed commercial/apartment use developments, with a minimum of 500 square feet devoted to commercial activity and 50% commercial use fronting on the street. Further, the standards of the Zoning Code should be amended to require a 7-foot side yard setback for residential structures (as required in the RMF, Residential MUlti-Family, Zoning District). He cited the following findings and conclusions: Findings: 1. An application for a Zoning Code Amendment has been received, to allow mixed commercial/residential develop- ment with commercial use fronting arterial street, in the Arterial Commercial District and Central Business Dis- trict zones. 2. The Zoning Code requires the Planning Commission hold a duly advertised public hearing prior to taking action on 'Zoning Code "amendments. 3. The Port Angeles SEPA Responsible Official has issued a Determination of Non-Significance for the proposal. This determination is final and fulfills the City's responsi- bilities pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. . PLANNING COMMISSION April 11, 1990 <.page 11 . .' 4. The Arterial Commercial District and Central Business District zones are primarily commercial in nature and encourage commercial developments at the street level. 5. The Arterial Commercial District zones currently floor or above, which development on the first District and Central Business allow apartments on the second does not require commercial floor. Conclusions: A. The Zoning Code Amendment would encourage commercial development along fronting streets in the Arterial Commercial District and Central Business District zones. B. The Zoning Code amendment would allow residential development on the first floor of structures, provided commercial development is provided along the fronting street. C. Procedural requirements of the Zoning Code relating to public notice of public hearing have been completed. . Ms. Davison seconded the motion, which passed 6 - o. Mr. Gruver moved to continue the public hearings beyond the 10 P.M. ruling. Mr. Hulett seconded the motion, which passed unanimously. STREET VACATION REQUEST - STV-90(04)1 - Portion of East Sixth Street: Request to vacate a portion of City right- of-way. Mr. Gruver stated a possible appearance of fairness problem, in that he knew the parties involved and could have business dealings with them in the future, and asked if anyone in the audience had objection to his acting on the proposal. No one in the audience objected. Ms. Davison stated she lives near this proposal and also asked if anyone had a problem with the appearance of fairness 'doctrine, . vOlunteering to step down. No one in the audience objected. Chairman Leonard said he would be stepping down from the Chair due to an appearance of fairness problem, and left the meeting room. Mr. Gruver, as Vice-Chairman, assumed the Chair. . Mr. Beck reviewed the Department Report, recommending approval of vacation of a portion of City right-of-way along East Sixth Street. PLANNING COMMISSION April 11, 1990 Page 12 . Doris Lee, 1235 East Sixth Street, and Richard L. Grimsley, 1301 East sixth Street, applicants, were present. They expressed the wish to have East Sixth street vacated adjacent to their properties, noting that they had reviewed the Department Report and had no further comments. Mr. Beck exolained that Mr. and Mrs. Garrett Thomas, neighbor- ing property owners, had expressed concern over the vacation. Garrett Thomas, 2522 South Cherry street, indicated that he is an adjacent property owner (Lot 4, Block C, Cresthaven). Mr. Thomas said he had not been approached when the petition was circulated, but would be interested in joining in the petition effort for that portion of East sixth Street abutting his property. Mr. Beck noted that the Department of Public Works had stated it would be logical to include Mr. Thomas' property in the petition request, as it would make a more logical boundary. There being no further comments from the audience, Chairman Gruver closed the public hearing. . Mr. Catts moved to recommend that portion of East Sixth street abutting Mr. Thomas' property (Lot 4, Block C, Cresthaven) be added to the street vacation petition. The applicants con- curred with this motion. Ms. Davison seconded the motion, which passed 5 - o. Chairman Leonard resumed the Chair. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Mr. Beck gave background regarding confusion surrounding an application for a Conditional Use Permit request for Pat Downie/George Gund. He asked the Commission if they would consider hearing the request at the long-range (April 25, 1990) meeting. It was the consensus of the Commission that they would hold the public hearing at the April 25, 1990, meeting, due to the circumstances. . Mr. Beck indicated that the Board of Adjustment had recom- mended review of the RS-7 and RS-9 Single-Family Residential District side yard setbacks, and noted that information would be submitted to the Planning Commission at a later date. Mr. Beck referred to a memo from the City Attorney's Office dated April 10, 1990, concerning Ediz Hook Services' Shoreline application, SMA-89(08}101, which was appealed by the Depart- ment of Ecology to the Shorelines Hearings Board. He noted . . . PLANNING COMMISSION April II, 1990 Page 13 the agreed order which would result in dismissal of the appeal. The city Attorney stated that a condition of dismissal of the appeal would be that a row of old wooden pil ings be cut down to a height of three feet above mean high tide to improve the public views along Ediz Hook. The City Attorney requested staff present the condition to the Planning commission at an open public meeting, for their thoughts. It was the consensus of the Planning commission that the condition would be appropriate. VII REPORTS OF COMMISSIONERS None. VIII ADJOURNMENT The meeting adjourned at 11:30 P.M. ,~ ins, secretary PLAN. 304 . . .' CITY of PORT ANGELES ATTENDANCE ROSTER 'ot..tl NtU~G T'iPE OF NEETING DATE OF MEEnNG LOCATIrn NAME: PLft~ING COMMISSION ~~ ,J~ /990 CITY HALL ADDRESS: JVttu~ 1/ (ZjJ P() 2) SO p'A I . tJ.B b ~ f3 ~ Z~ 2.2 ~ . l.-.... ~t P4- q.tf2 1;11,,.- RJ. d-~J-d-S. ~ 61 A) l "")qQQBl) ,~~ 1z:trfAVYru-.a