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HomeMy WebLinkAboutMinutes 06/27/2012ROLL CALL Members Absent: Staff Present: Public Present: APPROVAL OF MINUTES PUBLIC HEARING: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 27, 2012 6:00 p.m. Members Present: Doc Reiss, Amanda Anderson, David Miller, John Matthews, Duane Morris, Scott Headrick Tim Boyle Nathan West, Sue Roberds, Heidi Greenwood Steve Zenovic, Richard Geddes, Fred Kraft, Linda Crow, Mel and Vicki Rudin PLEDGE OF ALLEGIANCE Chair Reiss opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. Commissioner Miller moved to approve the special meeting minutes of May 30, 2012. The motion was seconded by Commissioner Morris and passed 6 0. Commissioner Headrick noted that the company he works for and is a partner in did the engineering for the intended parking lot redesign. He did not have a part in that work. Upon advice from Attorney Greenwood, he recused himself from the hearing and left the room. Chair Reiss read the qualifying questions for quasi judicial proceedings to the remaining Commission members regarding Appearance of Fairness matters. No one else had any potential conflicts to report. CONDITIONAL USE PERMIT CUP 12 -0 -1 FINE ARTS CENTER, 1203 East Lauridsen Boulevard: Request for revision to an off street parking lot use associated with a Fine Arts Center permitted use in the PBP Public Buildings and Parks Zone. Planning Manager Sue Roberds reviewed the staff report recommending approval of the change in the off -street parking development with 3 conditions. She noted that although the Fine Arts Center use is now a permitted use, it was originally approved through a conditional use permit process. That conditional use permit process addressed neighborhood concerns regarding parking lot access and the use of Jones Street and the 8/9 alley for access to and from the site. The reason for the extraordinary permit process at this time is due to the awareness that there were neighborhood concerns regarding access to the site and the Fine Arts Center board and City Planning Commission 64nules June 27, 2012 Page 2 staff wanted to make certain the neighborhood is aware of the proposed site development changes. Chair Reiss opened the public hearing. Richard Bonine, 321 East Fifth Street, Recreation Services Manager indicated that Steve Zenovic of Zenovic and Associates Engineering and Surveying was present to answer questions. Steve Zenovic, Zenovic and Associates Engineering and Surveying, 301 E. 6 Street, indicated that the Fine Arts Center Board objected to the proposed staff condition #2) that addressed final impervious generating surface area as it is too constrictive. He suggested that the wording /condition be changed to indicate that post development will not be more than pre redevelopment. 1-le understands that the goal of the proposed condition is to limit additional stormwater runoff. He proposed wording that would limit additional runoff but would allow for more development flexibility. Commissioner Morris inquired as to whether Mr. Zenovic had evaluated pervious materials. Following question, Mr. Zenovic responded that pervious materials have not been considered but a fairly significant rain garden with tree vaults to capture stormwater is planned. Pervious pavement is high maintenance and has not been a good payoff locally. The Fine Arts Center Board hopes to keep their development options open. Commissioner Morris felt that the Fine Arts Center may be losing an opportunity to show case a low impact development that includes the proposed rain garden with perimeter plantings. The use of a rain garden is an exceptional way to deal with water runoff and the additional use of pervious pavers or concrete would be in line with what the Arts Center is trying to show case in everything they do. The variety of low impact development techniques would be an everyday display of acceptable methods to deal with pollution. Mr. Richard Geddes, 1127 E. 9 Street is a neighbor in the immediate area. He said that the neighbors he spoke with had not received a mailed notice nor seen the legal publication in the newspaper. He was made aware of the public hearing because of the posted sign on the site. Mr Geddes stated that "people are lazy." Visitors park as close to the entrance as is possible so they won't have to walk and then when they leave, they go down the alley. The proposal will require removal of the barricade which will allow even more people to leave the site and travel down the alley. No consideration has been given to the 8/9 alley neighbors in this plan. There should not be any parking on Jones Street. Expansion of the parking lot should be to the east side of the water reservoir not on the west side of the reservoir. There is plenty of room to take out the trees and expand the parking area along the east side of the reservoir. The proposal should be denied. Access should be only to and from Lauridsen Boulevard. Fred Kraft, 1130 East 9 Street lives one house away from the site. He did not see the posting sign and was not mailed a notice of hearing. He believes that it is wise to continue to use Lauridsen Boulevard and not to encourage any use of 9 Street. He agreed with Mr. Geddes that the neighborhood was not aware of the public hearing. Shifting the access to the alley is not wise. The area experiences flooding due to sewer issues in the area. He is concerned that changes in the area topography may add to groundwater runoff in the area. If the neighborhood had fully known of this plan, he is sure the neighborhood would not agree with the use of Jones Street for parking ingress /egress. In response to a question from Chair Reiss, Mr. Kraft answered that establishment of a rain garden in the area may result in the capture of a good deal of ground water /storm water runoff. Chair Reiss asked if traffic flow or parking along Jones Street is of the most concern. Planning Conuntsston Minutes June 27, 2012 Page 3 Mr. Kraft responded that traffic flow to the Fine Arts Center along 9 Street is his greatest concern. No parking on Jones Street would lessen his concerns because parking on Jones will increase the traffic on 9 Street. An access from Jones will encourage people to park along Jones Street. Linda Crow, 1212 Maletti Hill, Port Angeles represented the Fine Arts Center Board. The funds to redevelop the off street parking area will come from restricted funds not from City funds. The proposal will allow angled parking spaces that will result in many more parking spaces than are possible with the current parking arrangement. A sign will be placed to inform people that they cannot drive down the 8/9 alley from the exit. The reason for the Jones Street exit is to allow an increase in traffic flow thereby relieving some of the exiting from the most north portion of the off street parking area near the alleyway. No parking is available closer to the structure in the wooded area due to the art park at that location. The proposal will make the off street parking site a very attractive place that will further define the art park area and will enhance the neighborhood. She had no problem with no parking on Jones Street. The major concern is to provide more parking and make the location more visible such that it enhances the entire neighborhood and Center experience. Commissioner Morris asked how often the parking lot fills up. Mrs. Crow responded that there are events 4 times a year and various functions during the year. Many people do choose to park on Jones Street. The Center is aware of the parking need and are trying to address the matter to the benefit of the neighborhood and the public. Specific signage is intended to make certain that those using the parking area use appropriate ingress /egress areas. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Morris asked staff to explain the public notification process. Planning Manager Roberds indicated that a typical 18 inch x 24 inch City public notice sign was posted at the convergence of 9` Street at Jones Street. The sign was seen by Mr. Geddes and was why he knew of the public hearing. Director West added that a notice was placed in the legal section of the Peninsula Daily News, posted on the City's web site, and sent notices to property owners within 300 feet of the site. Staff cannot explain why the notices were not received by the property owners. Commissioner Morris stated that he is extremely sensitive to the need to involve the public and ensure that the public is informed of potential changes in land use issues. A continuation of this matter may be appropriate. Commissioner Anderson wondered if there would be a method of signage such that the public may not use 9` Street when exiting the parking area. In response to Commissioner Miller, Director West indicated that staff would be in agreement with a rewording of Condition 2 if the Commission believes it is appropriate as long as no more pollutants or runoff is caused from site redevelopment. Commissioner Matthews asked if notification by mail is a requirement. Director West indicated that records indicate the mailing occurred, he could not explain why the mailing was not successful. Commissioner Matthews wondered if Jones Street is to be widened. "No Parking" signs or restricted time parking signs could be placed. Planning Manager Roberds indicated that if the proposal includes widening of the street, it would have to be brought to City standards because it is a public street. In response to Commissioner Matthews, Planning Manager Roberds said that the reason there neighborhood meetings were held when the Center was established was because the use was new to the City and particularly in a residential neighborhood. The City reached out to the neighborhood to make sure everyone in the area would know of the impending use and to be able to address concerns that were expected prior to a formal hearing process. A neighborhood Planning Commission Minutes June 27, 2012 Page 4 meeting was not held during the current process for a couple of reasons: the use has operated for 26 years without any complaint known to staff; and the property was rezoned in 1995 to Public Buildings and Parks where such uses are permitted. The current hearing process was in an effort to recognize the past process and try to ensure that all of those previous concerns would be addressed thus building satisfaction in the neighborhood. Chair Reiss asked staff to read a rewording of Condition 2 addressing Mr. Zenovic's earlier concern. Chair Reiss reopened the public hearing and asked Mr. Zenovic if staffs proposed rewording of Condition 2 meets his concerns previously expressed. Mr Zenovic confirmed the revision met his needs. Mr. Geddes continued to express doubts that people leaving the Center will not use the 8/9 alley if the barricades are removed. People from the College use 9 Street and won't pay attention to signage. He didn't know why additional parking couldn't be created east of the water tower rather than along the west side of the water tower. In response to Commissioner Miller, he explained the traffic pattern of the general public using 9 Street and the 8/9 alley and believed that the current plan would only increase such that now Fine Art Center visitors would also use 9 Street and the 8/9 alley. Chair Reiss again closed the public hearing. Commissioner Morris noted that the City has made every effort to notify the neighbors in the area of the impending action and moved to approve the conditional use permit with the following conditions, supported by the following findings and conclusions: Conditions: 1. Ingress and egress to the Fine Arts Center off street parking area may be revised to include the use of Jones Street. Final site design shall be approved by City staff and will include low impact development standard techniques and materials to address stormwater control needs. 2. Ultimate site development runoff shall not be more than what currently exists. Landscaping shall be approved by City staff with tree vaults appropriately sized to support trees in a robust condition. Low growing groundcover should be scattered throughout the site where desired. Stormwater controls will be used including rain garden development. 3. Parking lot lighting shall be directed away from residential sites and shall be shaded or utilize similar devices to reduce impact to residential uses. Findings: A conditional use permit application was submitted on May 29, 2012, for revision to Condition #1 of Conditional Use Permit CUP 86(9)16 for the Port Angeles Fine Arts Center. CUP 86(9)16 was approved for the use in 1986 with conditions addressing site activities and off street parking lot ingress /egress and design. The proposal is to redevelop the off street parking area associated with the Center use to increase the number of off street parking spaces by redesigning the parking ingress /egress point. The redeveloped off street parking lot will allow the use of Jones Street to access /exit the site and will provide stormwater handling amenities and perimeter landscaping that does not now exist. Planning Commission Minutes June 27, 2012 Page 5 2. The Port Angeles Fine Arts Center is located in a converted single family structure on an approximately four acre site that consists of two parcels. Six parcels contain the structure and grounds and one parcel contains the off street parking area and City water reservoir. The maximum capacity of the structure is 83 people. 3. The property was originally zoned RS -7 Residential Single Family. The RS -7 zone requires conditional use permit approval for art galleries and museums. The site was rezoned to PBP Public Buildings and Parks in 1995 due to its ownership and operation as a public building. Museums are permitted uses in the PBP. 4. "Art galleries and museums" are listed as conditional uses throughout the Port Angeles Municipal Code. The PBP zone lists only "museums." Operationally, art galleries and museums function largely the same use. It is believed that the lack of continuity in language was an oversight and the two uses should be considered the same for zoning purposes. 5. Given the degree of concern surrounding initial development of the site as a fine art center with associated off street parking visible to the adjacent neighborhood, an effort should be made to make certain that a revision to the permit conditions of approval allows for public notification and comment on that change. 5. Thirty four (34) off street parking spaces were required for the Center use at the time of development. No additional area has been added to the structure. The site currently 411 contains 20 parking spaces in the parking lot with 4 near the building. The proposed parking lot design will increase off street parking from 20 spaces to 32 spaces in the off area with 4 handicapped spaces near the structure for a total of 36 spaces. 6. Parking lot design was approved through a series of neighborhood meetings at the time of initial approval (1986). It was determined that the use of Jones Street for ingress /egress would negatively impact the surrounding neighborhood. Condition No. 1 of permit approval required a revision to the permit if revision to the parking lot design were anticipated at a future date. No reports of on street parking or neighborhood concems have been received by the City on this matter over the past 26 years of use. 7. The City's Parking Ordinance requires 1 tree to be spaced throughout an off street parking lot development for every group of 6 off street parking spaces created. Utility constraints prevent such spacing in this site plan without the sacrifice of several needed parking spaces. Perimeter landscaping is planned along Jones Street and east of the parking lot area. Site development must observe City standards. 8. Public notice of a public hearing was placed in the Peninsula Daily News on June 6, 2012, with the site posted and notices sent to property owners within 300 feet of the subject site on June 1, 2012. The written public comment extended until June 20, 2012 with no written comment received. Public notice indicated that consideration was requested to allow use of Jones Street for ingress /egress to the site. 9. A Determination of NonSignificance was issued for the proposal on June 21, 2012. This action satisfies the City's responsibility under the State Environmental Policy Act (SEPA). Planning Cnmuuss,on Minutes June 27, 2012 Page 6 Conclusions: A. No public concern has been raised during the past 26 years of operation of the site as a Fine Arts Center use. The City did not receive any comments from surrounding neighbors or the general public during the public comment period for this revision request which extended from June 1 to June 20, 2012. It can therefore be determined that the use has not resulted a negative impact to the neighborhood or that the proposed traffic revision would not be in the public interest. B. The function of museums and art galleries is essentially the same. It can therefore be concluded that, because museums are permitted uses in the PBP zone, with rezoning of the site to PBP in 1995, the Fine Art Center use is now a permitted use rather than a conditional use. C. Redesign of the off street parking area will allow for the installation of site improvements including stormwater controls where none currently exist, and landscape features to enhance the view of the parking area from the street and surrounding residential uses. Thus, the proposed development meets the intent of the City's parking regulations found in Section 14.40 of the Port Angeles Municipal Code. Furthermore, utilization of Jones Street for ingress /egress to the site will result in an increase in off street parking spaces such that the use is in compliance with the City's Parking Ordinance for such activities. D. The processing of this conditional use permit revision for the proposed action is in the public interest given the degree of concern initially displayed in the development of the Fine Art Center even though subsequent site rezoning did not necessarily require such review. The revision continues the spirit of open communication that is necessary to gain the public trust in matters of land use. The motion was seconded by Commissioner Anderson and passed 6 -0, Commissioner Miller moved to forward a recommendation to the Public Works Utilities Department that: (1) Jones Street be signed for "No Parking;" (2) that Jones Street not be improved in order to discourage non resident parking, and (3) that 9 Street be signed for "local use only." Staff noted that, although it is not possible to restrict use of a public street to resident use only, the Commission may offer recommendation on any planning issue relative to development in the City of Port Angeles. Those recommendations are not conditions, just recommendations. Director West noted that the Planning Commission may always make recommendations that will result in better planning for the City of Port Angeles to be passed along to staff for review and potential implementation. Staff will review the recommendations to determine whether they have resources to implement them and whether they meet with the goals and policies set by the City Council. Commissioner Morris seconded the nation which passed 5 —1. Commissioner Matthews opposed the notion because he Jones Street should be improved if it is so heavily used. COMMUNICATIONS FROM THE PUBLIC None Planning Comrmss,on Minuses June 27, 2012 Page 7 STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Anderson noted that a recent house purchase outside of the City limits has caused her the need for her resignation. She wished everyone well, and staff added a hearty thank you for her service and noted she will certainly be missed. ADJOURNMENT The meeting adjourned at 7:30 p.m. PREPARED BY: S. Roberds Doc Reiss, Chair