Loading...
HomeMy WebLinkAboutMinutes 08/11/1993 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 August 11, 1993 7:00 P.M. I. CALL TO ORDER II. ROLL CALL m. APPROV AL OF MINUTES: Meeting of July 28, 1993 IV. PUBLIC HEARINGS: . 1. PRELIMINARY SUBDIVISION - OLYMPIC ESTATES - 2300 Block West Tenth Street: Request for subdivision of approximately 9.2 acres into 31 residential lots in the RS-9, Residential Single-Family District. 2. ANNEXATION REQUEST. LAPPIER. East of Golf Course Road from Melody Lane to Wood haven Lane: Request for annexation of approximately 52 acres to the City of Port Angeles. (This item is continued from June 15, 1993.) 3. PARKING VARIANCE - PKV 93(07)01 - RICO'S GRILL AND CANTINA. 636 East Front Street: Request for a reduction in the amount of required parking from 19 to 16 spaces in association with expansion of an existing restaurant in the ACD, Arterial Commercial District. (Applicant has requested withdrawn of this application.) 4. REZONE REQUEST - REZ 93(08)11 - RAlSTON. 824 East Seventh Street: Request for rezone of one City lot (7,000 square feet) from RS-7, Residential Single-Family. to OCt Office Commercial. . Planning Commission: Bob Winters, Chair; Cindy Souders, Vice Chair; Roger CaliS; Bob Philpott; Orville Campbell; Carl Alexander and Linda Nutter. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; John Jimerson, Associate Planner. . . . 5. REZONE REQUEST - REZ 93(08)12 - HALL. Northwest corner of Race and Seventh Streets: Request for rezone of two City lots (14,000 square feet) from RS-7, Residential Single-Family. to OC, Office Commercial. 6. REZONE PROPOSAL - CITY OF PORT ANGELES. REZ 93(08)10 - Generally west and north of Chase Street between First and Front and Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RHD). (Staff is requesting continuation of this i tern to August lIth.) V. COMMUNlCA TIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF THE COMMISSION VID. ADJOURNMENT PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. It is helpful if the speaker identifies his/her interest in the issue. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Planning Commission, not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washingto'n 98362 August 11, 1993 7:00 P.M. I. CALL TO ORDER Chair Winters called the meeting to order at 7:00 P.M. n. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Bob Philpott, Orville Campbell, Carl Alexander, Bob Winters and Roger Catts. Staff Present: Sue Roberds, John Jimerson, Brad Collins, Gary Kenworthy, Steve Hursh and Ed Bonollo. Public: Peter and Darlene Granlund, Tom and Bonita Bogan. Dick and Dottie Foster, Dorothy Schmuck, Eileen Gray. John Ralston, Gary and Shirle Lappier, Rick Neske, Mr. and Mrs. Cummings, David Milligan, Dr. Edwin Hall, Margaret Troyer, Larry McHone, Rick Bradley. Dave Hagiwara and Brian Jones. ill. APPROV AL OF MINUTES Commissioner Campbell moved to approve the minutes of the July 28, 1993, meeting. Commissioner Nutter seconded the motion. which passed 6 - 0, with Commissioner Catts abstaining due to his excused absence at that meeting. IV. PUBLIC HEARINGS PRELIMINARY SUBDIVISION - OLYMPIC ESTATES. 2300 Block West Tenth Street: Request for subdivision of approximately 9.2 acres into 31 residential lots in the RS-9. Residential Single-Family District. (Continued from July 28, 1993.) Due to a possible appearance of fairness concern, Commissioner Campbell left the meeting room. Chair Winters explained the hearing was continued from July 14, 1993. and therefore remains open for public comment. Mr. Jimerson reviewed the Department memorandum which stated that the material required of the applicant in order to process the request had not been received. The application must be heard within a 90-day timeframe. according to City regulations. Attempts to contact the applicant have been in vain. Chair Winters then closed the continued public hearing. . . . Planning Commission Minutes August 11, 1993 Page 2 Commissioner Souders moved to recommend denial of the incomplete preliminary subdivision application of Olympic Estates citing the following rmdings and conclusions: Findines: 1. The Planning Commission has continued the request from April 28, 1993. and July 14, 1993, and directed the applicant to submit a preliminary plat in conformance with the City's subdivision ordinance. 2. The original preliminary plat submitted by the applicant was not prepared by a licensed surveyor as required by the City's subdivision ordinance. 3. The applicant has not submitted a plat in conformance with the City's subdivision ordinance, and has not indicated any intent to proceed with the project. 4. The City's subdivision ordinance requires the City to act on a subdivision application within 90 days of the date of receipt. Conclusions: A. The plat is not in conformance with the requirements of the City's subdivision ordinance with respect to submittal requirements. B. The applicant has not acted in a timely manner to meet the subdivision ordinance requirements. C. The subdivision ordinance requires the City to act on applications in a timely manner. Commissioner Catts seconded the motion. In speaking against the motion, Commissioner Philpott urged the Commissionefs to allow the applicant one more opportunity for a complete submittal, and to continue the item until the September 8, 1993. Planning Commission meeting. Commissioner Alexander called for the question, which passed 5 - 1, with Connnissioner Philpott voting "no". Commissioner Campbell returned to the meeting foom. ANNEXATION REQUEST "- LAPPIER~ East of Golf Course Road from Melody Lane to Woodhaven Lane: Request for annexation of approximately 52 acres to the City of Port Angeles. (This item is continued from June 15, 1993.) John Jimerson reviewed the Department memorandum outlining and elaborating on utility concerns which had been raised at the previous meeting and noted that this is a continued public hearing. Commissioner Philpott asked for clarification as to the process for bringing substandard road surface areas to City standards. Staff indicated that as annexations occur right-of- . . . Planning Commission Minutes August It, 1993 Page 3 way will be required where possible to bring rights-of-way in the area up to City standard. Some rights-of-way in the proposed annexation area will not meet City standard upon annexation. Improvement of roadways to City standards at the time of annexation is not necessarily required. Gary Kenworthy, City Engineer, answered questions regarding City sewer extension. He noted that when the Georgiana Street connection, which serves this area, reaches capacity. an L.I.D. would have to be triggered to correct that condition. The sewer study recently done to ascertain the capacity of the existing sewer service indicated that full development of both the Ennis Creek and Highland Communities Planned Residential Developments will not trigger the need to correct the Georgiana Street sewer connection. The existing development in the proposed annexation area could also be served, but at some point a saturation will occur with new development. That point is indeterminate at this time and would be dependent on mc.ny factors. In response to Commissioner Alexander, Gary Kenworthy said the City's Public Works Department has not done any cost estimates on road development for the annexation. Those estimates would need to be directed by Council due to staff time constraints. Brad Collins added that the City has spent considerable funds on a capacity study thus far for the proposed annexation area at no cost to the petitioner. In response to Commissioner Campbell, Mr. Collins answered that the Fire Department's concerns regarding the low water pressure in the area were addressed in the water upgrade information. They will be figured in the required L.I.D. Dave Hagiwara, 1809 E. W oodhaven Lane, asked if there would be a single or multiple L.I.D.'s required to provide services to the annexation area. He asked when the sewer upgrade is triggered who will pay. He stated approval for the annexation request. Gary Kenworthy answered that there would be multiple L.I.D. 's which could be separately initiated when those services are required. When such occurs, property owners in the affected area are assessed. The condition of annexation requires property owners in the proposed annexation area to sign a non-protest for formation of an L.I.D., but it does not form an L.I.D. Once an L.I.D. is formed and assessments are made. those assessments are subject to challenge in the event an inequity is evidenced. Property owners should only pay for what they are benefitting from. Shirle Lappier, 924 Golf Course Road, indicated some confusion about the need to widen Golf Course Road and upgrade the existing water service. She objected to having to pay for the PUD power facilities. This process seems like she is being charged double for some utilities. Chair Winters clarified that the condition for improvements in the form of L.I.D. 's sets up the mechanism for future improvements where and when they are needed. Commissioner Philpott asked how far south on Golf Course Road City water extends. Planning Commission Minutes August 11. 1993 Page 4 . Gary Kenworthy stated there are quite a few water services outside the City limits at the present time. Some of these services were the result of a quid pro quo exchange for easement rights in association with the Morse Creek waterline over private property. The water upgrades which are being planned are necessary to bring the annexation area to current City standards. In some cases, property owners may elect to sprinkler until the upgrades are in place. Dottie Foster, 73 Island View Drive, supported the annexation request but was concerned with the uncertain costs involved. She stated concern over the indefinite timeframe for improvements. She was concerned that homeowners might pay thousands of dollars for improvements for new construction in the near future only to that have that expense become unnecessary if a water upgrade occured soon thereafter. Mr. Collins responded that the petitioners could have a study prepared which would more closely estimate the per household cost of the required upgrades but there are too many unknown factors for City staff to perform such a study at this point. Staff is committed to dealing with current City projects at the present time and is unable to give more definitive answers at this time. Gary Kenworthy added that there is no way to tell definitively when an L.I.D. will come into play. It depends on development in the area. The area could remain at status quo for years or develop rapidly. . Commissioner Catts asked if the area is annexed is the City required to provide services. Mr. Collins answered the City's intent would be to provide services to the existing development in the proposed annexation area and provide a mechanism for future growth. A property owner could initiate an L.I.D. if he/she could obtain a sixty percent approved for such. The staffs annexation recommendation would provide services to existing properties in their existing situations. The alternative is to require full improvements now, not later. If this were a developer-oriented annexation, full improvements would be required at the beginning, not down the road when the demand is increased. Dottie Foster noted the imminent health problem in the area now given the failing and failed septic systems which exist. All the answers are expensive, and it is more confusing because there are no firm or near firm cost estimates. She felt there must be a more facilitating method to approach this problem. When asked if she still supports the annexation, Mrs. Foster responded "yesll. . Rick Bradley, Woodhaven Lane; said the County has denied his application for building permits on his property due to the failure of septic systems in the annexation area. He is in favor of the annexation as he would like to build on his property in the future. Although substantial, the cost will be worth it to use his property. He suggested that perhaps development should be restricted in the area so as not to overtax the sewer service in the area. In response to a question from Commissioner Philpott as to whether the upgrades could be done now, Gary Kenworthy answered that City staff would not be able to develop and construct the necessary utility upgrades any time soon. If the applicant initiates the Planning Commission Minutes August 11, 1993 Page 5 . upgrades, the process could be completed in a more timely manner. A timely L.I.D. process usually can be completed in approximately one to one and one-half year's time. Rick Neske, 63 Golf Course Road, asked if existing uses such as farm animals would be allowed if the area is annexed. Mr. Collins answered that if annexed the area would be zoned RS-9. Residential Single- Family District, which allows for one animal, horse or cow, for each acre of property. Tom Newcomb, 1772 Melody Lane, representing the Strait Corporation, KAPY Radio Station, again stated his definite objection to annexation to the City of Port Angeles. He stated the annexation would be a detriment to his operation. He alluded to previous testimony in which he stated the RS-9 zoning restrictions may prevent future expansions which could be required of the radio station by the Federal Communications Commission. The radio station owns ten percent of the property requested for annexation. Mr. Newcomb stated that he has been on City water for over thirty years although he is not in the City limits. He asked if the approximate cost ($1.528.87) of the utility buyout would be per property owner or parcel. Steve Hursh, City Light Department, answered the estimate is per parcel. . Brian Jones, 1781 East Woodhaven Lane, asked for further explanation on the L.I.D. process. He asked what the limits of an L.I.D. would be. Do new areas become added if necessary during the process? Mr. Collins answered that the proponents would be signing a non-protest agreement to the formation of L.I.D.'s but would not be forming an L.I.D. At the time an L.I.D. is triggered, that process would define what is being planned specifically. At that time the costs shouldn't change even if more area were to be added to the initial area because the local benefit is essentially the same. It would probably be more cost effective to install all the needed upgrades at the onset; however, if timing is a problem, the upgrades could be installed in phases. In response to a question from Mr. Jones, Gary Kenworthy answered that the City's secondary sewer treatment facility will serve the City until the year 2000, plus 10%. Programs which will be underway soon, such as treatment of stormwater, will extend that estimate. Rick Bradley asked if the necessary improvements were placed would adjacent property owners who were not in need of them, i.e., sewer or water, have to hook up to those services immediately. Gary Kenworthy stated the City does not have a policy to require such hookup; however, there would be the initial hookup fee when such a need arose. . There being no further comments, Chair Winters closed the public hearing. The Commission took a break at 8:40 pm. The meeting reconvened at 8:50 pm. Commissioner Philpott expressed the concern that costs would only escalate if Planning Commission Minutes August 11, 1993 Page 6 . improvements were to be delayed to some future point. The best approach would be to require full improvements with the annexation approval. Chair Winters stated that if improvements were installed piecemeal, a single property owner who owned sufficient property could forestall a single L.I.D. In speaking to the concerns expressed by Mr. Newcomb representing the Strait Corporation (it was noted Mr. Newcomb had left the audience). Mr. Winters stated his hope that the radio use would be considered a special use and be given special consideration as it is an important asset to the community. He hoped Mr. Newcomb would realize the City's concern and intent to assist whenever possible and reasonable in the continuation of that service. Commissioner Souders stated the annexation should be conditioned on the provision of extension of required City services, not on future L.I.D. 'so The process for placement of required services and upgrades should be started immediately. Costs are a major factor in this annexation. An L.l.D. process is lengthy. Development generated annexations are required to provide services up front; what makes this annexation different? Commissioners Catts and Philpott agreed. . Commissioner Alexander expressed concerns with the unknown costs. This area could be annexed without City standards being met, which should not be encouraged. Water pressure and roadway widths are serious concerns; however the conditions imposed would provide that those substandard conditions would be overcome at a future date. He agreed that due consideration should be given to Mr. Newcomb's concerns. The consequences of leaving the Strait Corporation out of the annexation were discussed. Mr. Collins noted that state law requires that review for regular boundaries be done when considering annexations. The County Boundary Review Board will also be looking for regular boundaries in its review of the proposal. The absence of the Strait Corporation property would create an island of the radio station's property which is contrary to state law. Without the radio station property, the annexation south of the current City limits as extended east from Ennis Creek should not be considered at this location. The ability of the KAPY radio station's ownership to block an L.I.D. was discussed. Commissioner Nutter moved to recommend approval of the annexation request with the following conditions, and citing the noted fmdings and conclusions: Conditions: 1. Compensation shall be provided to the City for obtaining the P.U.D. facilities located within the annexation . area in a manner consistent with the recommendation of the Utilities Advisory Committee. Owners shall either pay a lump sum of $1,528.87 per lot or shall pay that amount over a period of ten years, plus an annual interest rate of 6.5%, which will be charged to the monthly bill. . 2. The west half of Golf Course Road shall be dedicated where necessary, including 15 feet along the Lappier and Hopkins frontages and 30 feet along the Neske property. Planning Commission Minutes August 11. 1993 Page 7 . . . 3. Separate no protest agreements for the formation of a Local Improvement District for each of the following improvements shall be entered into by property owners of no.less than 60% of the assessed value of the property within the annexation: Upgrading Melody Lane and Golf Course Road to city standards; Upsizing the sewer line as outlined in a report prepared by Northwest Territories (NTI); extending the sewer line from its current location north of Melody Lane to the site; and water system improvements for the area including storage and distribution facilities. 4. The east boundary of the annexation shall be located along the east boundary of the Golf Course Road right-of.way. 5. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. Findines: 1. The proposal is to annex approximately 52 acres south of the existing City limits including Melody Lane west of Golf Course Road and Golf Course Road from Melody Lane south to the annexation area's southern boundary. 2. The property is zoned Urban Residential 1 by Clallam County which allows single family development on one half .acre lots. 3. Pursuant to Section 17.95.110 of the zoning ordinance, the annexed property will be zoned RS-9. 4. In the annexation area, there are as many as 30 lots which all meet the minimum lot area and width requirements of the RS-9 zone. 5. The area is designated as Suburban Residential Environment in the City's Comprehensive Plan. 6. The area is within Clallam County's designated Urban Growth Area for Port Angeles. 7. Water is provided by Clallam County Public Utility District. The P.U.D. will continue to provide water to existing development, but new development will served by the City. 8. City Light is required to purchase the P.U.D.'s electric facilities or install their own within 24 months of the annexation. 9. The nearest sewer line is located north of Melody Lane. Public Works has expressed concern with the sewer main capacity. Improvements to the sewer main are likely to be needed to serve the annexation as there has been problems with failing septic sewer systems. 10. Melody Lane and Golf Course Road are not constructed to City standards. . . . Planning Commission Minules August 11, J 993 Page 8 11. The right-of-way width for GoH Course Road varies from zero to sixty feet. With the dedication required for this annexation, the right-of-way width will vary from 30 to 60 feet (990 feet @ 30 foot width and 660 feet @ 60 feet). The City's minimum width is 60 feet. 12. The annexed property will be zoned RS-9. 13. The sewer system is adequate to support the existing homes in the annexation area, however, downstream improvements are needed in the sewer line located in Georgiana Street to serve the annexation area at buildout. 14. A study of the water system has been prepared by CH2MHilI which indicates that water system improvements are necessary to serve additional development, whether it is the City or the P.D.D. that provjdes the service. 15. City Council Resolution 18.78 states that every proposed annexation shall be analyzed to ensure that the existing city improvements are adequate to meet the increased burden which would be generated by the proposed annexation and that it will not become necessary for city funds to be expended to enlarge such existing improvements. Conclusions: A. As conditioned, the proposed annexation is consistent with the Comprehensive Plan. B. The proposed annexation is consistent with the requirements of Chapter 35A.14 RCW. C. As conditioned, the proposed annexation is consistent with the Council Resolution 18-78. D. As conditioned, the proposed annexation is in the public interest. Commissioner Philpott seconded the motion. Commissioner Alexander offered a friendly amendment to the motion in the addition of a sixteenth finding as follows: (Finding No.) 16: The annexation area includes a radio station and transmitting tower. Radio and television stations with on-site antennas are allowed by conditional use permit in RS-9, Residential Single-Family Districts; and (Conclusion) E: It is anticipated that a conditional use permit would be granted for the existing radio station and tower in the annexation area and that normal operation of this facility would not be adversely affected by the annexation of this facility. The maker of the motion and the second concurred. The motion passed unanimously. PARKING VARIANCE - PKV 93(07)01 - RICO'S GRILL AND CANTINA. 636 East Front Street: Request for a reduction in the amount Planning Commission Minutes August II, 1993 Page 9 . of required parking from 19 to 16 spaces in association with expansion of an existing restaurant in the ACD, Arterial Commercial District. (Continued from July 14, 1993.) John Jimerson stated that the applicant has submitted a letter of withdrawal for the application. The decision was reached following a detailed review of the parking situation and assistance to the applicant by the City Engineer. The applicant will redesign a portion of the proposed addition. Chair Winters opened the public hearing. There being no one present to speak, he then closed the public hearing. Commi~4jioner Alexander moved to accept the applicant's withdrawal. Commissioner Campbell seconded the motion, which passed unanimously. REZONE REOUEST - REZ 93(08)11 . RALSTON. 824 East Seventh Street: Request for rezone of one City lot (7.000 square feet) from RS-7. Residential Single-Family, to OC, Office Commercial. John Jimerson reviewed the Department Report. Chair Winters opened the public hearing. . John Ralston, P.O. Box 1405, Port Angeles, stated that his intent is to develop a parking lot which will serve as parking for the expansion of other commercial properties he has an ownership in in the immediate block. There is no specific "parking lot" zoning designation which would assure the property will be used as a parking area, but, if there were. he would have asked for it. He indicated letters of approval contained in the submitted meeting material which represented all but two of the property owners in the immediate twenty-lot block (Block 224. TPA). Although he did not wish to state written approval. the most westerly adjacent property owner had verbally indicated no objection to the proposed rezone. Attempts to contact the northerly adjacent property owners (Block 207) had not worked out well due to ownership situations. Mr. Ralston stated that office commercial uses can be better neighbors than some residential situations as those commercial uses are generally well maintained. He would not allow for the property uses to detract from its surrounding areas. There was some discussion on parking lot uses in relation to neighboring residential uses. [Commission Catts was excused from the meeting at this time.} . Peter Granlund, 814 East Seventh Street, is the owner of Lots 5 and 6, Block 224, which is the immediate block in question. The rezone would leave only one residential lot between his property and the office commercial designation. He stated strong concern that this rezone would allow commercial penetration into the established residential neighborhood and asked what the standard is for strip commercial development: two lots deep; three lots? He asked that some standard be set for such incursion. He also objected to a piecemeal planning approach to strip commercial development along Race Street. Larry McHone, Coldwell Banker, 330 East First Street, represented Mr. and Mrs. John Schneider, the owners of four lots across Race Street to the east and northeast of the . . . Planning Commission Minutes August ]], 1993 Page 10 proposed site. The Schneiders are in favor of the rezone request. Office Commercial uses generally make good neighbors. Dr. Edwin Hall, 414 East Eighth Street, added his support to the rezone request. He has been looking and has been very discouraged in the search for available affordable commercial property. There being no further comments. Chair Winters closed the public hearing. Commissioner Philpott asked if there is a general standard of how far commercial may intrude into a block of residentially zoned property. He added that the City always encourages that adequate parking areas be created. Commissioner Alexander pointed out that the City's Comprehensive Plan does not encourage strip development such as this. In response to a question from Commissioner Philpott, Mr. Jimerson answered that staff wasn't looking at the proposed parking lot use when reviewing the application for a recommendation but rather at the zoning designation itself. as other uses would also be permitted under the OC designation. The site was reviewed as a commercial use. and the Comprehensive Plan's goals and policies for such uses were taken into consideration in the recommendation for denial of the proposal. Commissioner Alexander moved to recommend denial of the rezone request citing the foUowing findings and conclusions: Findines: 1. The application is for a rezone from RS.7 to OC, of a 7,000 s.f. site, located on Lot 3, Block 224, TPA. 2. There are a two Comprehensive Plan land use designations that converge near the site, including urban residential, and neighborhood commercial, which is centered around the intersection of Eighth and Race Streets. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-4; Social Objectives No.2; Circulation Objective No.1 and Land Use Objectives Nos. 1 & 2. 3. The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on July 21, 1993. 4. Property surrounding the site is zoned RS-7 to the west and north, OC to the east, and CSD-Cl to the south. 5. The site is vacant. Property to the north and west are improved with single family homes, to the south is vacant and to the east is an office building. 6. There are 12 homes fronting on Seventh Street between Francis and Race . . . Planning Commission Minutes August 11. 1993 Page 11 Streets. The one office building on the block fronts on Race Street. 7. The City recently added about five blocks of OC zoned property when they rezoned sites near the hospital and city hall. Most of the buildings within these areas are used for residential purposes and have not been converted to offices. 8. The OC zone is intended to be compatible with residential land uses. 9. The OC zone allows professional offices and residential land uses, but does not allow retail uses normally associated with neighborhood commercial uses. Conclusions: A. The rezone is not in the public use and interest and is not compatible with the surrounding residential character. B. The rezone is not consistent with the Social Objective No. 2 of the Comprehensive Plan as it would affect the character of the residential street. C. Circumstances have changed since the property was zoned RS-7 which have increased the supply of OC zoned property in the City. D. The OC ZODe does not qualify as a neighborhood commercial use. Commissioner Souders seconded the motion. In speaking to his motion, Commissioner Alexander stated his concern that such a rezone would allow for more intensive uses than just a parking lot for an adjacent commercial use. The lot could develop as a stand alone commercial use. Although the applicant has stated his intent, the ownership could change and the use be intensified. Commissioner Campbell expressed similar thoughts and concerns, and stated he was uncomfortable with the proposed further penetration into the established residential neighborhood without a larger planning process for the Race Street area. He would rather see a total development scheme for a property or properties rather than lot by lot changes. Commissioner Souders reiterated that the City's Comprehensive Plan discourages strip commercial development such as the proposal. Commissioner Nutter concurred noting that it is much more difficult to rezone property back to residential once it has been rezoned commercial and the amount of residentially zoned properties should be protected. The question was called for and passed unanimously. . . . Planning Commission Minutes August 11, 1993 Page 12 REZONE REQUEST - REZ 93(08)12 - HALL. Northwest comer of Race and Seventh Streets: Request for rezone of two City lots (14,000 square feet) from RS-7, Residential Single-Family, to ac, Office Commercial. John Jimerson reviewed the Department Report. Chair Winters opened the public hearing. Dr. Edwin Hall, 414 East Eighth Street, stated his intent to relocate a dental office to the proposed location if the property is rezoned to allow such a use. If it is the City's intent to revise traffic patterns resulting in Race Street becoming a truck route, office commercial uses would be more compatible with that environment. He has been looking for an affordable, available property where he could relocate his dental office to no avail: there is little appropriate property available. The current use is a very rundown residential one and the proposed development would considerably clean up the area. It is more appropriate to designate commercial use areas bordering high traffic arterials than residential designations. The neighbors are not opposed to the rezone proposal. Nearby uses are nearly all developed in some type of commercial use - north and south of the property. It would be advisable to rezone an entire strip of commercial along this area of Race Street to buffer the interior residential homes from the high traffic areas. It is not advisable to mix children and domestic situations with the high intensive traffic use. Commissioner Alexander pointed out that some of the existing uses in the area are nonconforming, in that they pre-exist current zoning regulations. Larry McHone, Coldwell Banker, 330 East First Street, stated that the commercial use would be a good buffer for the interior residential properties from tha activity along Race Street. Margaret Troyer, United Olympic Realty, 701 East Front Street, indicated that strip commercial development can be found two or three lots deep in certain areas of town. The lots bordering Race Street would be best used as commercial because this high traffic area is no place to have children and pets running into traffic. If Race Street is turned into a truck route, the area would be even more unsuitable for residential uses. There being no further comment, Chair Winters closed the public hearing. Commissioner Winters expressed concern that given the fact that strip commercial development is specifically discouraged in the Comprehensive Plan, the area should not be zoned as proposed. Rezones must be consistent with the Comp Plan goals, policies and objectives. Commissioner Philpott pointed out that there are areas of town, one which is specifically "etl Street, that is designated two lots deep for commercial development, which can serve as a buffer for the interior residential uses. Such a standard could then protect residential areas from arterial uses. Commissioner Philpott then moved to recommend approval of the request citing the following findings and conclusions: . . u. ..... Planning Commission Minutes August 11, 1993 Page 13 Findina:s: 1. The application is for a rezone from RS-7 to OC, of a 14,000 s.f. site, located on Lots 17 & 18, Block 207, TPA. 2. There are two Comprehensive Plan land use designations that converge near the site, including urban residential, and neighborhood commercial, which is centered around the intersection of Eighth and Race Streets. There are a number of Goals. Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-4; Social Objectives No.2; Circulation Objective No.1; and Land Use Objectives Nos. 1 & 2. 3. The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on July 27, 1993. 4. Property surrounding the site is zoned RS-7 to the west, east andnorth~ and OC to the south. 5. The site contains two single family homes on two lots. Property to the north and west are improved with single family homes, to the south is an office building and to the east is vacant. 6. The City recently added about five blocks of OC zoned property when they rezoned sites near the hospital and city hall. Most of the buildings within these areas are used for residential purposes and have not been converted to offices. 7. The OC zone is intended to be compatible with residential land uses. Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding residential character. The use would not be detrimental to the thoroughfare character of Race Street. B. The rezone is consistent with the Comprehensive Plan policy, since this OC zone is intended to be compatible with residential land uses. C. Circumstances have changed since the property was zoned RS-7 in that Race Street is being planned as a future truck route in the Draft Comprehensive Plan document. The motion died for lack of a second. Commissioner Souders then moved to recommend denial of the rezone proposal citing the following f"mdings and conclusions: . . . Planning Commission Minutes August I J I 1993 Page ]4 Findin2S: 1. The application is for a rezone from RS.7 to OC, of a 14,000 s.f. site, located on Lots 17 & 18, Block 207, TPA. 2. There are two Comprehensive Plan land use designations that converge near the site, including urban residential, and neighborhood commercial, which is centered around the intersection of Eighth and Race Streets. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-4; Social Objectives No.2; Circulation Objective No.1; and Land Use Objectives Nos. 1 & 2. 3. The City of Port Angeles' SEPA Responsible Official issued a Determination of Non-Significance for the rezone on July 27, 1993. 4. Property surrounding the site is zoned RS-7 to the west, east and north, and OC to the south. 5. The site contains two single-family homes on two lots. Property to the north and west are improved with single-family homes, to the south is an office building and to the east is vacant. 6. The City recently added about five blocks of OC zoned property when they rezoned sites near the hospital and city hall. Most of the buildings within these areas are used for residential purposes and have not been converted to offices. 7. The OC zone is intended to be compatible with residential land uses. Conclusions: A. The rezone is not in the public use and interest and is not compatible with the surrounding residential character. The use would be detrimental to the thoroughfare character of Race Street. B. The rezone is Dot consistent with the Comprehensive PlaD policies which encourage new commercial areas along the existing commercial "T" or hospital area and which discourage strip development. C. Circumstances have changed since the property was zoned RS.7 which have increased the supply of OC zODed property in the City. D. The Office Commercial zone does not qualify as a neighborhood commercial use. Planning Commission Minutes August 11, 1993 Page 15 . Commissioner Alexander seconded the motion. In speaking to the motion, Commissioner Winters stated the argument for the proposal is not nearly compelling enough to go against the Comprehensive Plan policy statements discouraging strip commercial development. Commissioner Nutter did not feel the rezone proposal would necessarily create a good buffer. Commissioner Alexander stated that Race Street may not develop into a truck route. The area may remain a residential neighborhood. The question was called for and passed 5 - 1, with Commissioner Philpott voting uno". [Commissioner Souders was excused from the meeting at 10:56 pm due to an appeamess of fairness question for the next agenda item.] The Commission took a break at 11:12 pm. The meeting reconvened at 11:20 pm. . REZONE PROPOSAL . CITY OF PORT ANGELES - REZ 93(08)10 - Generally west and north of Chase Street between First and Front and Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RED). John Jimerson reviewed the Department Report. Chair Winters opened the public hearing. There being no one present to speak to the proposal, he then closed the public hearing. Commissioner Alexander noted that the high density residential uses which currently exist at the most northwesterly end of Chase Street are nonconforming uses. Under the existing zoning designation (ACD) that use would not be permitted to be reconstructed in the event of a greater than seventy-five percent loss to the structure. It would appear then that a rezone to acknowledge the existing use would be appropriate. The alley is narrow and improvement would be required to adjust for commercial use of the area. Commissioner Nutter suggested that perhaps Lots 4, 5 and 6 which border on Front Street might be better served by remaining in their commercial designations. Staff pointed out that although there is a small area of said lots that does border on Front Street. the lots are very. long in this area and the remaining portion of the property remains on top of the bluff. Development of these lots would probably require some cut into the sensitive bluff area for footings or parking. . Following discussion as to the current uses and brief history of the general area. Commissioner Alexander moved to forward a recommendation of approval to the City Council for rezone of the property as follows: A. Lot S, Short Plat 89(01)01, Lots 1 . 6, Block 17, Thompson's and Goodwin's Subdivision, and Lots 7 . 9, Block 18, Norman R. Smith . . . Planning Commission Minutes August 11, 1993 Page 16 Subdivision, from Arterial Commercial District (ACD) to Residential High Density (RHD); B. The west thirty-five (35) feet of Lot 15, Block 17, Thompson's and Goodwin's Subdivision from ACD to Central Business District (CBD). citing the following findings and conclusions: Findin&s: 1. The approval is for a rezone, from ACD to RHD, of a site with about 1.7 acres of site area. 2. There are a number of Comprehensive Plan land use designations that converge near the site, including urban residential, auto commercial, CBD and daily commercial. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Residential Policies Nos. 15-17; Commercial Policies Nos. 1, 2 & 7; Social Objectives Nos. 1-3; and Land Use Objectives Nos. 1,2 & 4-6. 3. The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on June 17, 1993. 4. Property surrounding the site is zoned CBD. ACD and RHD. The rezone will connect two separate RHD zoned areas to create one larger continuous area of RHD zoned property. 5. The site is improved with a single family home, the Morse Court Apartments, the Harborview Condominiums, a duplex and a vacant site from which a home was recently demolished. 6. The site is located on a bluff above First and Front Streets. 7. Access to the site is limited to the alley, via Chase and Peabody Streets. 8. The site is zoned CBD and ACD which allows residential uses in a mixed use development. 9. The bluff top properties have been zoned commercial since at least 1966. There are no known commercial uses on the site or on the north side of the alley. 10. The lots not included in the rezone are accessible from First Street. There is a paved parking lot on them which is accessed from First Street. 11. As a result of a previous rezone in this area, there is an isolated 35' x 140' strip of Arterial Commercial District (ACD) zoned property located between the La Montana condominiums in this location and the Central Business District (CBD) zoned property to the west. . . . Planning Commission Minutes August 11, 1993 Page 17 Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding zoning. B. The rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No.2. c. Circumstances have changed since the property was zoned ACD. At least 27 years have passed without any commercial development despite the commercial zoning and despite the 1990 code amendment which aUowed mixed residential/commercial uses. Commissioner Campbell seconded the motion, which passed unanimously. V. COMMUNICATIONS FROM THE PUBLIC None. VI. STAFF REPORTS Brad Collins noted the SEP A workshop with other officials scheduled for the August 18th meeting. John Jimerson noted that with regard to the $17,000 Shoreline Master Program grant update the City has recently received from the Department of Ecology, a resolution will be presented to Council at the August 17th City Council meeting which will establish a Shoreline Master Program citizen's committee. The Citizen advisory group is intended to provide public input in the shoreline planning process. VII. REPORTS OF THE COMMISSION Commissioner Campbell asked to be excused from the August 18th meeting. Commissioner Alexander reviewed the Growth Management Advisory Committee's minutes of its most recent (August 11 th) meeting. Vffi. ADJOURNMENT The meeting adjourned at 11 :38 pm. ~.~~ Bob Winters, Chair Bra PREPARED BY; Sue Roberds . AcrJONS REGARDING PLANNING COMMISSION MINUTES Meeting of August 11, 1993 PRELIMINARY SUBDIVISION - OLYMPIC ESTATES - 2300 Block West Tenth Street: Request for subdivision of approximately 9.2 acres into 31 residential lots in the RS-9, Residential Single-Family District. Council could take action to concur with the Planning Commission's recommendation to deny the preliminary subdivision approval, citing the findings and conclusions as noted in these minutes. ANNEXA nON REQUEST - LAPPIER. East of Golf Course Road from Melody Lane to Woodhaven Lane: Request for annexation of approximately 52 acres to the City of Port Angeles. Counci I has scheduled a public hearing for this item for August 17. 1993. PARKING VARIANCE. PKV 93(07)01 . RICO'S GRILL AND CANTINA. 636 East Front Street: Request for a reduction in the amount of required parking from 19 to 16 spaces in association with expansion of an existing restaurant in the ACD, Arterial Commercial District. (Item was withdrawn by applicant.) . No action is required of Council at this time. REZONE REOUFST - REZ 93(08)11- RALSTON. 824 East Seventh Street: Request for rezone of one City lot (7,000 square feet) from RS-7, Residential Single-Family, to OC, Office Commercial. Council has scheduled a public hearing for this item for August 17, 1993. REZONE REQUFST A REZ 93(08)12 - HALL. Northwest comer of Race and Seventh Streets: Request for rewne of two City lots (14,000 square feet) from RS-7, Residential Single-Family, to OC, Office Commercial. Council has scheduled a public hearing for this item for August 17, 1993. REZONE PROPOSAL - CITY OF PORT ANGELES - REZ 93(08)10 .Generally west and north of Chase Street between First and Front and Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RHD). . Council has scheduled a public hearing for this item for August 17, 1993. . t. PLEASE SIGN IN . '. CITY OF PORT ANGELES Attendance Roster Type of Meeting Planning Commission Date A v' ~ II ') ftC, (f tf) Location 321 E. 5th Street - City Hall Name Address sr- E: '1...f'k. /~2- Iv', rttt (j 7 CJ:2- jl/A ( w 4-v 73 L;(~ ~~ fd $(J 7-mtY%t~4J Q 17.3 a iZ '1 T I; , D &x I-l,OS- p. 14- . ~ :b\c..k ~ b+h< \=O<d---e.r .&~~~ . [, /~ #/7 (j rtIl (}#d A-&S iJ 17~ (''tIfr;0~ j)~;4; ~(~~,.J _l)fd^J 8' M rL-l.A ~(<hJ ~:~~ ~~J\~ ~ r< Q VI.. -' ~ c)VJc-" s )) J /1 R A ( 'uJ(J.'l &'362... 7A. .