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HomeMy WebLinkAboutMinutes 07/11/1990 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, WA 98362 July 11, 1990 7:00 P.M. I. CALL TO ORDER II . ROLL CALL III. APPROVAL OF MINUTES: Meeting of June 27, 1990 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT REQUEST - CUP 90(07)11 - JAY KETCHUM - 739 West Eighth street: A request for a Home Occupation to operate a mail order scuba supply business, including air tank inspection and filling within an RS-7 zoning district. . 2. APPEAL OF SHORT PLAT DECISION - SHP 90 (04) 03 - HAROLD ABBOTT - 3231 Reqent street: Appeal of the Subdivision Administrator's decision to deny a preliminary Short Plat. in order to create two lots from an approximately 1 acre parcel of land. 3. REZONE REOUEST - REZ 90(07)03 - HOWARD AND SANDRA RUDDELL - South of Front street and West of Golf Course Road: Rezone 7 lots in Green's Belle View Addition from Residential Single Family (RS-7) to Arterial Commercial (ACD). 4. CONDITIONAL USE PERMIT REQUEST - CUP 90(07)13 - JOE GESELLCHEN - 403 East First Street: A request for a Conditional Use Permit in order to operate a paint and body shop in an Arterial commercial District (ACD). 5. REZONE REQUEST - REZ 90 (07) 04 - ROBERT HOWATT - Northeast of the intersection of Eunice and Second streets: Rezone 3 lots in Norman R. Smith's Addition from Residential Multiple Family (RMF) to Office Commercial (OC). . . . . Agenda - Port Angeles Planning commission July 11, 1990 Page 2 6. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT REQUEST - SMA 90(07)109 - OLYMPIC MEMORIAL HOSPITAL - North of the Hospital adjacent to Port Anqeles Harbor: Extend the Waterfront Trail and develop a parking facility within the shoreline jurisdiction of Port Angeles Harbor. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT NOTES: The Planning Commission will not, except at the discretion of the Chairman, commence a new hearing after 10:00 P.M. Project files and applicable City land use regulations may be reviewed prior to the public hearing in the Planning Department. Copies of all material in the files are available at a cost of $.25 per page. All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. . . . PLANNING COMMISSION Port Angeles, Washington July 11, 1990 I CALL TO ORDER The meeting was called to order at 7: 00 P.M. by Chairman Leonard. II ROLL CALL Members Present: Ray Gruver, Jim Hulett, Roger Catts, Larry Leonard, Bob Philpott, Bill Anabel. Members Excused: Donna Davison. staff Present: Grant Beck, Brad Collins, Bruce Becker. III APPROVAL OF MINUTES Mr. Philpott moved to approve the minutes of the June 27, 1990, regular meeting of the Planning Commission. Mr. Gruver seconded the motion, which carried 3 - 0, with Messrs. Hulett, Leonard andCatfs-abst~Yiilng-.--- -.:.~,- IV PUBLIC HEARINGS EXTENSION OF TEMPORARY USE PERMIT - TUP-77 (07) 01 - EDWARD WARREN - 2711 West Eighteenth Street: Request for an extension of a permit to allow a single-wide mobile home to be located in the RS-9, Residential Single-Family District. . Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, recommending approval of the extension request for six months, with one condition. Bill Wallace, 1227 West 18th Street, representing the applicant, supported the extension of the Temporary Use Permit and indicated that if it took longer than six months to locate Mrs. Wallace, Sr., in a home for the elderly, another extension request would be needed. Sherri Warren, 1227 West 18th Street, representing applicant, stated that six months was all right for extension, and the Clallam County Housing Authority indicated they will be able to locate Mrs. Wallace, within that time period. the the has Sr. , There being no further testimony, Chairman Leonard closed the public hearing. Mr. Philpott moved to approve the extension request for a six- month period, subject to the following condition: PLANNING COMMISSION July 11, 1990 Page 2 . 1. The single-wide mobile home be removed from the site following vacation of the premises by Mrs. Wallace, Sr. Mr. Catts seconded the motion, which carried unanimously. CONDITIONAL USE PERMIT REQUEST - CUP-90 (07) 11 - JAY KETCHUM - 739 West Eighth Street: A request for a Home Occupation to operate a mail order scuba supply business, including air tank inspection and filling, within an RS-7 Zoning District. Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, recommending approval of the Conditional Use Permit, subject to four conditions, one of which would limit signs located on vehicles in the area. The Planning Commission discussed the proposed condition relating to signs and questioned whether the use was a retail operation or a mail order operation. . Jay Ketchum, 739 West Eighth Street, indicated he had been conducting this activity since 1980 and received a permit for it in 1983. A commercial location is not viable as Mr. Ketchum works from 4 AM to 6 PM and cannot operate a retail business. The signs on the trucks and boat do not have the address of the Home Occupation, but contain the phone number. Mr. Ketchum stated that a former Assistant Planner had told him the Conditional Use Permit received in 1983 was good indefinitely. Mr. Ketchum said the primary reason for customers to visit the site is to fit scuba gear. The electric pump on the compressor limits noise from the site. Air tanks are brought by Mr. Ketchum to the site, as opposed to people bringing their tanks to the property. The Planning Commission questioned Mr. Ketchum as to how many vehicles with signs are located on the site, whether magnetic signs were used, and what hours of operation Mr. Ketchum would require. Mr. Ketchum indicated there are two vehicles and a boat with signs located on them~ that the vehicles have magnetic signs; and that hours of 6:00 PM to 8:00 PM would be appropriate. There being no one else wishing to speak, Chairman Leonard closed the public hearing. . The Planning Commission discussed Condition A and whether slgns should be allowed on the vehicles when parked at the site. Mr. Gruver moved to approve the Conditional Use Permit, subject to the following conditions and citing the following findings and conclusions: PLANNING COMMISSION July 11, 1990 Page 3 . Conditions: A. No vehicle or boat located on or near the property in conjunction with the Home occupation shall contain an advertising or informational sign visible from the City right-of-way or adjacent properties. B. Hours of operation shall be limited to 6 PM to 8 PM, Monday through Friday, and 9 AM to 1 PM Saturday. C. No more than one customer vehicle shall visit the Home Occupation at anyone time. An improved parking area for one additional car, in addition to the parking requirements for the single-family dwelling, shall be provided. D. Prior to operation, the applicant shall arrange with the Port Angeles Fire Department for inspection of the premises. All requirements of State and local Fire Codes shall be met by the applicant. The applicant shall contact the Fire Department for an annual inspection of the premises. Findings: . 1. The application is for a Home occupation to allow a mail order scuba supply business in an RS-7 Zoning District. 2. The Home Occupation Chapter of the Port Angeles Zoning Code (Chapter 17.86, Ordinance 1709, as amended) limits Home Occupations to operate within the dwelling unit and between 9 AM and 5 PM, unless the Planning Commission finds that other hours and having a detached structure are compatible with the residential characteristics of the neighborhood. 3. The Planning commission has found in other Home Occupa- tion permits that advertising signs located on vehicles constitute signs and should not be allowed. 4. The Department of Public Works has indicated that adequate off-street parking should be required of the Home Occupation. Conclusions: A. As conditioned, the Home Occupation is compatible with the residential characteristics of the neighborhood and can, therefore, be allowed as a Home Occupation. . B. The Home Occupation is in the public use and interest and should have no adverse impact on public safety. C. The Home Occupation, as conditioned, is consistent with the requirements for a Horne Occupation as found in Chapter 17.86 of the Port Angeles Zoning Code. PLANNING COMMISSION July 11, 1990 Page 4 . Mr. Catts seconded the motion, which carried 4 - 2, with Mr. Hulett and Chairman Leonard voting "No". APPEAL OF SHORT PLAT DECISION - SHP-90(04)03 - HAROLD ABBOTT - 3231 Regent Street: Appeal of the Subdivision Administrator's decision to deny a preliminary Short Plat in order to create two lots from an approximately one- acre parcel of land. Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, giving background information as to why the Planning Department denied the Short Plat Application. Harold Abbott, 3231 Regent Street, stated the biggest concern is apparently the fact that the property does not abut an improved City street, which is physically impossible. Mr. Abbott requested a variance be issued, but was informed that the Short Plat Code has no provisions for the issuance of a variance. Mr. Abbott indicated that at a previous meeting before the Planning Commission, the road was deemed to be adequate for a day care facility. . The Planning Commission questioned Mr. Abbott regarding the deeded easement shown on his plan and the panhandle. Mr. Abbott indicated that the easement was for properties to the east and the panhandle could be eliminated. The Planning Commission questioned staff as to why the property could not be served by a new city road, and was informed there is not enough right-of-way along the current access route. Doug Wood, P. O. Box 1381, questioned the Planning Commission as to whether the property, owned in part by Mr. Abbott, which does abut Regent street, could be divided and therefore serve the short plat. The driveway is currently improved; the property is one acre in size, which fits the criteria for a short plat, and the Planning Commission should approve a variance for one more home on the property. Mr. Wood was concerned that denying the short plat application would deny the Abbotts of property rights and deny the highest and best use of the property. Because the property is unique, the Planning Commission should issue a variance. Ruth Abbott, 3231 Regent Street, indicated the property is a view lot, one acre in size, with a single-family dwelling located on the back. It should be allowed to be developed. . Joyce Rose, 416 Ridgeview Drive, stated she was led to believe the property could be changed, but the people room for more homes constructed. "sub-plat" and that the laws have haven't. Ms. Rose stated there is no in this area, after this one is PLANNING COMMISSION July 11, 1990 Page 5 . There being no one else wishing to speak, Chairman Leonard closed the public hearing. Mr. Hulett moved to deny the Short Plat application, citing the following findings and conclusions: Findinqs: 1. The subject property is identified by the Port Angeles Comprehensive Plan as suburban, which promotes residential developments of between 9,000 and 14/000 square feet. 2. The subject property is identified by the Port Angeles zoning Code as RS-9, which allows single-family dwellings on 9,000 square-foot lots. . 3. The Port Angeles Comprehensive Plan identifies the following Residential Policies applicable to the proposed short plat: . Necessary services such as schools, water and sewer, street lighting, power, sidewalks, and police and fire protection should be available prior to or at the time of residential development, not after. [Residential Policy #4] All developments should provide improvements such as paved streets, gutters, sidewalks, sanitary sewers, storm sewers, power, water, street lighting, public open space and recreation areas in a manner that is complementary to the character of the four residential environments and in compliance with city standards. [Residential Policy #5] 4. The proposed short plat would create two parcels of property, each approximately 0.5 acres in size. Neither of the parcels would abut an improved City right-of-way and one lot would include a IS-foot panhandle. 5. The Port Angeles Short Plat Code establishes the following development standards for short plats within the City of Port Angeles which the proposed short plat will not comply with: Each lot shall abut on a dedicated, improved, and maintained city street [PAMe 16.04.070(1)]; . Panhandle or dogleg lots may be permitted if the original parcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring within the interior of the plat, or if there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties [PAMC 16.04.070(4)]; PLANNING COMMISSION July 11, 1990 Page 6 . The panhandle shall have a mlnlmum width of twenty feet and shall serve no more than one lot [PAMC 16.04.070(4) (b)]; The provision of streets and rights-of-way must be adequate to serve the short subdivision and comply with Sections 16.04.070 and 16.04.140 of the Short Plat Code, as determined by the Departments of Public Works and Planning [PAMC 16.04.090(B)]; Water supply and fire protection facilities must be adequate to serve the short plat and comply with Section 16.04.140 of the Short Plat Code, as determined by the Departments of Public Works and Fire [PAMC 16.04.090(C)]i Sanitary sewer facilities must be adequate to serve the short plat and comply with Section 16.04.140 of the Short Plat Code, as determined by the Department of Public Works [PAMC 16.04.090(D)]; . The short plat lot arrangement must comply with the policies of the Comprehensive Plana nd further the attainment of the objectives and goals of the Comprehensive Plan [PAMC 16.04.090(E)]. 6. PAMC 16.04.100 requires that the Port Angeles Planning Director determine if appropriate provisions for the public health, safety and general welfare of the community have been made and whether the public use and interest is served by the approval of the short plat application. 7. The Department of Public Works reviewed the proposed short plat and indicated that the lots would be served by a private roadway, that a proposed panhandle lot is 15 feet wide, that sanitary sewer is by private line, and it is uncertain how water and fire protection would be provided to the short plat. 8. The Light Department reviewed the proposed short plat and indicated that the applicant has not provided an ingress/ egress or utility easement to be property for the installation of electric facilities. 9. The Fire Department reviewed the proposed short plat and indicated that a turn-around for fire apparatus and a fire hydrant would need to be provided. . Conclusions: A. The proposed short plat is not consistent with the Port Angeles comprehensive Plan and Zoning Code. PLANNING COMMISSION July 11, 1990 Page 7 . B. The proposed short plat is not consistent with the Port Angeles Short Plat Code, Chapter 16.04 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. The approval of the proposed short plat does not provide for the public health, safety and general welfare of the communi ty and does not serve the public use and interest. Mr. Anabel seconded the motion, which carried unanimously. Chairman Leonard called a 10-minute recess at 8:50 P.M. The meeting reconvened at 9:00 P.M. REZONE REQUEST - REZ-90(07) 03 - HOWARD AND SANDRA RUDDELL - South of Front street and West of Golf Course Road: Rezone seven lots in Green's Belle View Addition from Residential Single-Family (RS-7) to Arterial Commercial (ACD) . Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, recommending approval of the rezone application. . Howard "Mac" Ruddell, 1134 East Eighth Street, stated that the application had addressed most of the concerns expressed by the neighbors and he had been in contact with the adjacent neighbors. The house on the property would be retained until commercial activity is proposed for that area. Mr. Ruddell stated that the Cunninghams were concerned about other uses in the area, and that a private covenant will satisfy those concerns. Betty Cunningham, 1825 East Third Street, stated that Mr. Ruddell had worked well with the neighbors, but she was concerned that he would not always own the property and that the purchasers would not live up to the agreements. Fred Norton, owns Lot 12, Mr. Ruddell application. 44929 - 13th Street West, Lancaster, California, adjacent to the rezone area. He has spoken with about the rezone request and supports the Everett Winter, 1724 East Second Street, stated he has no objections, but he wants assurances regarding certain items before he grants his approval of the rezone. There being no one else wishing to testify, Chairman Leonard closed the public hearing. . Mr. Gruver moved to approve the rezone application, citing the following findings and conclusions: . . . PLANNING COMMISSION July 11, 1990 Page 8 Findinqs: 1. The rezone is in a commercial corridor identified by the Port Angeles Comprehensive Plan and would create a large node of commercial zoning in the area. 2. Golf Course Road, the primary access to the property, is identified as a collector arterial and has been improved recently. 3. The ACD Zoning District contains development standards designed to minimize the conflict between commercial and non-commercial zoning districts. 4. The rezone would not create a new commercial/residential interface, but would move an existing boundary to the south. The existing commercial area has developed or has been identified for development. 5. The rezone area is occupied by a single-family dwelling which will become a non-conforming use. 6. Adjacent residential property owners have testified that the rezone will not adversely impact the residential character of the neighborhood. Conclusions: A. The rezone request is in the public use and interest and will not cause adverse impacts to the characteristics of the adjacent zoning districts. B. Circumstances have changed since the property was zoned RS-7 by the city of Port Angeles. C. The rezone is consistent with the Policies and Goals of the Port Angeles Comprehensive Plan. Mr. Hulett seconded the motion, which carried unanimously. CONDITIONAL USE PERMIT REQUEST - CUP-90 (07) 13 - JOE GESELLCHEN - 403 East First street: A request for a Conditional Use Permit in order to operate a paint and body shop in an Arterial Commercial District (ACD). Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, recommending approval of the Conditional Use Permit, subject to one condition. Joe Gesellchen, 112 North vine street, stated the property had been used for a body shop for many years and has been vacant for the last two years. Mr. Gesellchen indicated he will contact the Fire Department to set up an inspection, as required by the proposed condition. PLANNING COMMISSION JUly 11, 1990 Page 9 . There being no one else wishing to testify, Chairman Leonard closed the public hearing. Mr. Hulett moved to approve the Conditional Use Permit request, subject to the following condition, and citing the following findings and conclusions: Condition: A. Prior to occupancy of the structure, the applicant shall implement all requirements of the Uniform Fire Code as required by the Fire Department. Findinqs: 1. A Conditional Use Permit was issued in 1985 for an activity similar to the proposed use at the site. The use operated pursuant to the 1985 permit but ceased activity. 2. The structure and property are non-conforming with several standards of the Arterial Commercial Zoning District. The building and lot pre-date the Zoning Code and are legally non-conforming. No adverse impacts to the characteristics of the surrounding neighborhood are anticipated due to not meeting all development standards of the zoning Code. . 3. The use should not detract from the characteristics of the surrounding land uses. Conclusions: A. The proposed Conditional Use Permit is in the public use and interest and is compatible with adjacent land uses. B. The proposed use meets the criteria for the granting of a Conditional Use Permit as found in the Zoning Code. c. The use does not affect the public safety and welfare at this location. Mr. Gruver seconded the motion, which carried unanimously. REZONE REQUEST - REZ-90(07)04 - ROBERT HOWATT - Northeast of the intersection of Eunice and Second streets: Rezone three lots in Norman R. Smith t s Addition from Residential Multiple Familv (RMF) to Office Commercial (OC). . Chairman Leonard opened the public hearing. Mr. Beck presented the Department Report, recommending approval of the rezone request. Robert Howatt, 113 South Eunice street, has talked to the pastor of the church, which is also in the rezone area, and . . 'e PLANNING COMMISSION July 11, 1990 Page 10 indicated that she has no objections to the rezone. Traffic in the area makes it unattractive for residential land uses, for attractive for an Office Commercial type use. There being no one else wishing to testify, the public hearing was closed. Mr. Gruver moved to approve the rezone, citing the following findings and conclusions: Findinas: 1. The Port Angeles Comprehensive Plan indicates that commercial areas should be buffered, but not by mul tiple- family units. 2. The Office Commercial Zone allows a variety of residen- tial and office uses. 3. The rezone area is occupied by a single-family dwelling and a church. 4. The rezone area is located between property zoned RS-7 and ACD. 5. The area to the west of the site has begun to develop commercially, while little redevelopment of the RMF-zoned property has taken place. Conclusions: A. The rezone is in the public use and interest and is functionally related to the surrounding zoning. B. The rezone is consistent with the Goals and Policies of the Port Angeles Comprehensive Plan. C. Circumstances have changed since the property was zoned RMF by the City of Port Angeles. Mr. Anabel seconded the motion, which carried unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT REQUEST - SMA-90(07)109 - OLYMPIC MEMORIAL HOSPITAL - North of the Hospital adjacent to Port Angeles Harbor: Extend the Waterfront Trail and develop a parking facility within the shoreline jurisdiction of Port Anqeles Harbor. Chairman Leonard opened the public hearing. Mr. Hulett moved to continue the hearing to August 8, 1990, at 7:00 P.M. in the City Council Chambers. Mr. Gruver seconded the motion, which carried unanimously. . . . PLANNING COMMISSION July 11, 1990 Page 11 V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Mr. Beck reported that the Planning Department and city Attorney's Office had given the Thunderbird Boathouse until July 16th to comply with the provisions of its Conditional Use Permit. After that time, the use would be considered in violation of the Zoning Code and further action would be taken. Mr. Collins presented the Planning commission a copy of the material for the DelHur SEPA appeal proceedings, scheduled for July 18, 1990. VII REPORTS OF COMMISSION MEMBERS Mr. Hulett requested additional information regarding the semi-truck trailers used in conjunction with a business in the waterfront area. staff reported that review of Planning Department files indicated that the use of such trailers for commercial activities was consistent with the Zoning Code. Staff also indicated that this policy would be reviewed for possible amendment in the future. Chairman Leonard reported to the Planning Commission regarding the conference he had attended regarding the Washington State Growth Management Act. IX ADJOURNMENT Chairman Leonard adjourned the meeting at 10:34 P.M. PLAN.338 . .0(04 HN\"C) CITY of PORT ANGELES ATTENDANCE ROSTER TIPE OF HEETING DATE OF l1EEI'ING u::cATICN PLANNING COMMISSION ,)LJL't' II, /990 CnY HALL ADDRESS: NAME: DtJ u (,.. w 0 c9 D f. u. g A. 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