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HomeMy WebLinkAboutMinutes 07/30/2002 . . . I. II. III. IV. v. VI. VII. VIII. F--'ORT'};.' JC N'G,E~LES . Y _____m .! , . _ , WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street SPECIAL HEARING July 30, 2002 CALL TO ORDER 7 p.m. ROLL CALL APPROV AL OF MINUTES: Meeting of July 10, 2002 PUBLIC HEARING: AMENDMENT TO CONDITIONAL USE PERMIT - CUP 02-01 - DRYKE. 310 Jones Street: A proposal to amend a conditional use permit to allow a commercial radio-controlled car recreational use in the Commercial, Office zone. The proposal would result in a change and increase in the originally approved footprint of the structure from 4900 square feet to 5440 square feet. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT PLANNING COMMISSIONERS: Chuck Schramm (Chair), Fred Hewins (Vice), Fred Norton, Bob Philpott, Mary Craver, Rick Porter, Len Rasmussen PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 30, 2002 Special Meeting 6:00 p.m. ROLL CALL Members Present: Fred Hewins, Rick Porter (arrived at 6:10 p.m.), Leonard Rasmussen, Mary Craver, Fred Norton Members Absent: Bob Philpott, Chuck Schramm Staff Present: Sue Roberds Public Present: Steve and Lynette Dryke Vice Chair Hewins called the meeting to order in the absence of Chair Schramm. . APPROVAL OF MINUTES There was not a quorum of those present at the July 10,2002, meeting at this point in the meeting. The minutes were continued to later in the meeting when Commissioner Porter would be present. PUBLIC HEARING: AMENDMENT TO CONDITIONAL USE PERMIT - CUP 02~01 - DRYKE - 310 Jones Street: Request for amendment to a conditional use permit that would allow an increase in the area of an indoor remote controlled car recreational use from 4900 to 5400 square feet in the Commercial Office zone. Assistant Planner Sue Roberds presented the Departmental report recommending that the amendment be approved. Vice Chair Hewins opened the public hearing. (Commissioner Porter arrived at this point and indicated that he had read staffs report.) Steve Dryke, 719 SOllth UN" Street, thanked the Commission for their consideration and was present to answer questions should there be any. Lynette Dryke, 719 South "N" Street, asked for clarification of the parking spaces required for the activity. Planner Roberds responded that although the site plan indicates that 17 spaces are possible, only 11 spaces are required, so there is some flexibility there. . There being no further questions or testimony, Vice Chair Hewins closed the public hearing. Following brief discussion, Commissioner Porter moved to amend Conditional Use permit CUP 02-01 to allow an increase in area of the structure to 5900 square feet with the following conditions (original amended) as indicated, findings, and conclusions: Conditions: 1. Development of the commercial recreational use at 310 Jones Street shall be as proposed in conditional use peIDlit application (CUP 02-01) and site plan as amended on July 24. 2002, for Steve and Lynette Dryke. Off-street parking will shall bc cstablished per City standards ftt a minimum of 11 off-street parking spaces and will shall be reviewed at the end of one year to deteIDline if additional parking is needed. 2. A separation will shall be constructed such that the 3+00 3680 square foot track area will shall not be accessible to the public and will 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 I 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 J ones Street. . Findings: . . Based on the information provided in the Staff Report for CUP 02-01 dated February 13, 2002, and the amended staff report dated July 24.2002. all infoIDlation in the public record file, comments and testimony presented during the public hearin~, and the Planning Commission's deliberation~, the City of Port Angeles Planning Commission hereby finds that: 1. Steve and Lynette Dryke submitted a conditional use peIDlit 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. 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 corner of the site off Jones Planning Commission Minutes Special meeting of July 30. 2002 Page 3 . ~4. 42 56 67 . 9-8 Street. The nonconforming structure does not comply with any of the development standards required in the CO zone, nor does it observe vision triangle setbacks. Business and professional officesl 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 permitted uses in the CO zone. Residential uses are permitted in the CO zone with development standards per the City's Residential Single Family (RS-7) zone. Residential uses permitted per the City's Residential High Density (RHD) zone are conditional uses in the CO zone. 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. 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. The site was posted and public notices regarding the amendment proposal eftfte aJ'l'lieation were mailed to property owners within 300 feet of the property on JmIDMy 18, ~ June 25. 2002. Legal publication appeared in the Peninsula Daily News on January 23,2002, June 26.2002. One comment was received by a neighbor. Mrs. DoC. Douglas. who wrote in favor of the amendment. 82 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. W 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. +911 The Comprehensive Plan and Land Use Designation for the subject property is Commercial (C). H 12 Zoning of the site is CO, Commercial Office. The purpose of the CO Zone (Section 17.20.010 PAMC) "... is a commercial zone intendedfor 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 ofwhich does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas." Extended hours of operation were approved from 3 p.m. to 11 p.m., Monday through Friday . Planning Commission Minutes Special meeting of July 30, 2002 Page 4 . under the original permit approval. The operation plan is not being changed in this amendment. Hl3 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. B 14 Construction of the approximately 5440 square foot building will require compliance with the Uniform Building Code, Fire Code, and Electrical Code. +415 Conditional use penn its are approved for a specific use at a specific location and may be amended as follows: Section 17.96.070 F. 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 subiect 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. HlQ Section 17.96.050 PAMC Conditional Use Permit 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 ifthe characteristics of the intended use as related to the specific proposed site are 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." :!:fill 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. . . Planning Commission Minutes Specinl meeting of July 30, 2002 Page 5 . 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 ClW 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. 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, Policy B.14; Utilities and Public Services Element Goals A and B, and Policy E.6. 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. F. 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. Because the amendment results in greater than a 10% increase in the area of the activity, the Director of Community Development may not act administratively on the amendment. Such an amendment must be considered by the Planning Commission. The motion was seconded by Commissioner Norton and passed 5 - O. APPROVAL OF MINUTES (Continued from earlier in the Agenda) J '" j / Co'\i ~ ec fff Commissioner Porter moved to approve the July 10,2002, minutes as pl"csented. The motion was seconded by Commissioner Rasmussen and passed 3 - 0 with Commissioners Craver and Norton abstaining due to absence at the meeting. . COMMUNICATIONS FROM THE PUBLIC None. . . . Planning Commission Minutes July 30. 2002 Page 6 STAFF REPORTS Sue Roberds indicated that as there are no applications pending for the August 14, 2002, regular meeting, it would be cancelled unless the Commission wished to meet. The meeting will be cancelled. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6:21 P.M. i(~hair PREPARED BY: S. Roberds . . . CITY OF PORT ANGELES NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City of Port Angeles Planning Commission will conduct a special meeting on July 30~ 2002, at 6 p.m. for consideration of a request for an amendment to a conditional use permit which allows the establishment of a radio controlled car use in the Commercial Office zone for Steve and Lynette Dryke at 310 Jones Street. The amendment would allow an increase in building size for the proposed activity. The application and any studies may be reviewed at the City Department of Community Development prior to the hearing date. City Hall is accessible for persons with disabilities. Sue Roberds, (360) 417-4750 Faxed to: KONP Radio Peninsula Daily News Posted: Port Angeles City Hall lobby c: \ wp \ forms \notices! specialnotice . ~. · FORTANGELES WAS H I N G TON, U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN..UP SHEET PLEME SIGNj~ 7?? Meeting Agenda of: PLEASE NOTE: IE you plan to testify, by signature below, u certify 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 oresence. NAME: I l 'J'Ao ~ JtJ~J I' J' _ J' _ '. cz. III _ 7 ADDRESS: ? J q . c;',. n _<::'-7- 7/9 S'-' Ai ~ Agenda Item No. .