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HomeMy WebLinkAboutMinutes 06/11/2003 o ~ ~ ~ . . ~ORT.ANGEIES WAS H [ N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 11, 2003 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of May 28,2003 IV. OTHER BUSINESS: EXTENSION OF CONDITIONAL USE PERMIT - CUP 02-01 ~ DRYKE. 310 Jones Street: Request to extend a conditional use permit to allow a commercial radio-controlled car recreational use in the Commercial, Office zone. v. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, lack Pittis PLAl\'NING STAFF: Brad Collins, Director; Scott Jolms, Associate Planner; Sue Roberds. Assistant Planner. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 11, 2003 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Hewins, Linda Nutter, Jack Pittis Members Excused: Chuck Schramm, Fred Norton Staff Present: Sue Roberds Public Present: Steve Dryke APPROVAL OF MINUTES A correction to the wording of Condition #5 of the proposed Comprehensive Plan Amendments to include the intersection of Eighth and Lincoln Streets was made by Commissioner Hewins. With correction to the wording, as shown in the minutes by underlining, Commissioner Hewins moved to approve the May 28, 2003, minutes. The motion was seconded by Commissioner . Pittis and passed 3 - 0 with Commissioner Philpott abstaining due to absence at the meeting. Commissioner Nutter indicated that she owns property in the vicinity of the subject property on the agenda for consideration (the Dryke application) but felt that she could act impartially on the application. Commissioner Pittis noted a long standing friendship with Steve Dryke but felt that he could act impartially on the request. There being no one in the audience who objected to the Commissioners remaining, they both remained at the dais. PUBLIC HEARING: EXTENSION OF A CONDITIONAL USE PERMIT - CUP 02-01 - DRYKE. 310 Jones Street: A proposal to extend a conditional use permit to allow a commercial radio-controlled car recreational use in the Commercial, Office zone. Assistant Planner Sue Roberds presented the Departmental Memorandum recommending approval of the extension as requested by the applicants for an additional one year period. She explained that the applicants could not attend the hearing but that she would answer any questions that may be raised. . Following brief discussion, Steve Dryke, 719 South "N" Street, Port Angeles, Washington arrived at the meeting at 7 :20 p.m. Mr. Dryke stated that although he thought he would not be able to attend, he wanted to ensure that any questions were answered and apologized for the lateness of his arrivaL Commissioner Pittis noted that staffs memorandum indicated that extensions of previously approved conditional use permits could be made for from one to five years, and asked if Mr. Dryke . . . Planning Commission Minutes June 11, 2003 Page 2 wished a longer extension than the requested one year. Mr. Dryke responded that two years would be nice and would allow ample time to begin the project. In response to Commissioner Nutter, Mr, Dryke answered that 19 to 21 off-street parking spaces are proposed where only 11 are required. He intends to provide as many off-street parking spaces as possible to eliminate impact to the neighborhood streets. Commissioner Philpott moved to extend the conditional use permit for a two-year period until July 30, 2005, with the following amended 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 as amended on July 24, 2002, for Steve and Lynette Dryke. Off-street parking shall be per City standards and shall provide a minimum of 11 off-street parking spaces which shall be reviewed at the end of one year to determine if additional parking is needed. 2. A separation shall be constructed such that the 3680 square foot track area shall not be accessible to the public and shall remain for use only as a track. If additional 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 14, 2002, the amended staffreport dated July 24, 2002, and the extension request dated March 23,2003, all information in the public record file, comments and testimony presented during the public hearings, and the Planning Commission's deliberations, 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. . . . Planning Commission Minutes June 1/, 2003 Page 3 2. On May 31,2002, an amendment to CUP 02-01 was submitted by Mr. and Mrs. Dryke which proposed an increase in the track area of the use to 3680 square feet from the originally approved 3100 square feet, an increase of 580 square feet. The amendment proposes an overall change in the structural configuration from 70' x 70' (4900 sq.ft.) to 68' x 80' (5440 sq. ft.). Lot coverage for the amended proposal would result in 39% rather than the originally proposed 35%. Lot coverage for the CO zone is permitted at 45%. 3. The site is located at the northwest comer of Jones and Georgiana Streets. The 14,000 square foot site is developed with a small residential unit at the northeast comer of the site off J ones Street. The nonconforming structure does not comply with any ofthe development standards required in the CO zone, nor does it observe vision triangle setbacks. 4. 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 pennitted uses in the CO zone. 5. Residential uses are permitted in the CO zone with development standards per the City's Residential Single Family (RS-7) zone. Residential uses pennitted per the City's Residential High Density (RHD) zone are conditional uses in the CO zone. 6. Eleven (11) off-street parking spaces will be required for the multiple use site per the City's Parking Ordinance requirements. The original site plan indicated a proposed 19 off-street parking spaces. The current parking plan provided with the amendment indicates 17 off- street parking spaces. 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. Areas which require dedicated parking have not been increased under the current proposal. 7. 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. 8. The site was posted and public notices regarding the amendment proposal were mailed to property owners within 300 feet of the property on June 25, 2002. Legal publication appeared in the Peninsula Daily News on June 26,2002. One comment was received by a neighbor, Mrs. RC. Douglas, who wrote in favor of the amendment. 9. The City's State Environmental Policy Act (SEPA) Official issued a determination of nonsignificance on February 8, 2002, per WAC 197-11-355. The amendment was reviewed for compliance with the original permit approval. This satisfies the City's responsibility under the State Environmental Policy Act. 10. 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. Planning Commission Minutes June 1 I, 2003 Page .,. . 11. The Comprehensive Plan and Land Use Designation for the subject property is Commercial (C). 12. 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. JJ 13. 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. Extended hours of operation were approved from 3 p.m. to 11 p.m., Monday through Friday under the original permit approval. 14. 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. 15. Construction of the approximately 5440 square foot building will require compliance with the Uniform Building Code, Fire Code, and Electrical Code. . 16. Conditional use permits are approved for a specific use at a specific location and may be amended as follows: Section 17.96.070 (F) PAMC. Minor Amendment of Approved Conditional Use Permit. 1. Upon written request submitted to the Planning Department, the Director of Community Development may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity ofthe use by more than 10% of the original approval; b, The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the Director of Community Development pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. 17. Section 17.96. 050 PAM C Conditional Use Permi t 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, 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 . . . . Planning Commission Minutes June 11, 2003 Page 5 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 conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property." 18. Conditional uses permitted in the Commercial Office zone per Section 17.20,160 P AMC include art galleries and museums, 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. 19. On March 23, 2003, Mr. and Mrs. Steve Dryke requested extension of Conditional Use Permit CUP 02-01 for an additional one year as they have been unable to complete the planning and financing steps necessary to commence the activity. 20. Section 17.96.050 of the Port Angeles Municipal Code allows for extension of approved conditional use permits for a period of one to five years subject to the following minimum criteria: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Division prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. 21. The Planning Commission considered the extension request at a regular meeting on June 11, 2003. 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. The Planning Commission determined on February 13, 2002, that the subject activity complies with the purpose of the CO zone by approval of CUP 02-01. B. The proposed use as amended is conditioned such that no significant impacts to surrounding uses or properties should occur as a result of the conditionally approved activity. The amendment does not significantly alter the originally proposed activity. c. As conditioned, the amended use is in the public interest. . . . Planning Commission Minutes June 11.2003 Page 6 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 Band C; Commercial, Policy D.l, and Policy E.3; Transportation Element, PolicyB.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. H. The use as amended and conditioned is in compliance with Sections 15 (Environment) and 17 (Zoning) of the Port Angeles Municipal Code. I. Extension of the permit is in compliance with Section 17.96.050 of the Port Angeles Municipal Code and will not negatively impact surrounding neighborhood uses. The motion was seconded by Commissioner Hewins and passed 3 - 0 with Commissioner Nutter voting in the negative only because she would have preferred a one year extension rather than a two year extension. COMMUNICATIONS FROM THE PUBLIC Steve Dryke again thanked the Commission for the extension and apologized for his late arrival. STAFF REPORTS Planner Roberds asked if the Commission wished to forego a meeting in August as is customary for a summer break. Following discussion, it was decided to forego the July 23rd meeting rather than a meeting in August. REPORTS OF COMMISSION MEMBERS Commissioner Hewins noted that members of the public had reported that there are no trash receptacles at the Francis Street park. Planner Roberds said that she would report the concern to the City's Parks and Recreation Department. Commissioner Pittis asked what changes had been made to the ordinance that would be forwarded to Council for changes to the Comprehensive Plan. Planner Roberds reported that she had not been working on that draft but would mail a copy to Commission members the following working day. Commissioner Hewins noted that he would not be present at the June 25, 2003, meeting. Commissioner Philpott noted that he would not be present at the July 9,2003, meeting. . . . Planning Commission Minutes June 1 I. 2003 Page 7 ADJOURNMENT The meeting adjourned at 7:40 p.m. ~~ . inda Nutter, hair PREPARED BY: S. Roberds · FORTANGELES WAS H t N G TON, U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: ~ -II -tJ 2. PLEASE NOTE: IF 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. Signature below DOES NOT REQUIRE you to testify - it only acknowledges your presence. J'I NAME: ADDRESS: Agenda Item No. J..1 I - E L/t., 7/9 .f' L AJ c- S"'~ t'" ~o ~... C .,/~ ~ ( '" '"