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HomeMy WebLinkAboutMinutes 10/11/1995 r \ . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 11, 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Tim German, Bob King, Linda Nutter, Cindy Souders, Bob Winters, Bob Philpott. Staff Present: Brad Collins, Sue Roberds, Mack Campbell Public Present: Pam Tietz, Martin Rowe, Rick Sepler, Phil Riley, Andy Simpson, David Gaffney, Dave Parks, A Shaffer, Jim Reed, Rex Waldron, Roger Walz, Don Fairbairn, LeRoy and Shirley Billings, Jace Schmitz, John Drain, Wayne Priebe, Tom and Mildred Sheehan, John Mango, Harold Hanusa, Dorothy Duncan, Alex Marshall, Darin Reidel, Bill Tieterman, Sarah and Jim Thornburg, Pamela Munro. . APPROVAL OF MINUTES Commissioner Souders moved to approve the August 9, 1995 minutes as submitted. Commissioner Campbell seconded the motion which passed 4-0 with Commissioners Winters and Philpott abstaining due to their absence at that meeting. Mr. German arrived at 7:15 p.m. Review of the September 13, 1995, minutes was continued to October 25, 1995. PUBLIC HEARINGS CONDITIONAL USE PERMIT - CUP 95(0)15 - GAFFNEY. 5351f2 East Second Street: A request to allow an auto/body paint use in the CA, Commercial Arterial zone. Planning Director Collins reviewed the Planning Department's report recommending approval of the conditional use permit with conditions and responded to questions from the applicant regarding specifics of the condition requiring a parking plan and the provision of five parking spaces for the use. Chair Nutter opened the public hearing. . David Gaffney, 532% East First Street, agreed with the staffs recommendation and in response to questions from the Commissioners he described the paint booth construction particulars, noted that he has been working with the Olympic Air Pollution Control Authority (OAPCA) in meeting that agency's specific emission control regulations, and stated that he is confident that he can meet the parking requirements on-site for the use as proposed. . . . Plannil1g CommissionMil1ules - Oclober J J. 1995 Page :1 Ant{v Simpson, 243038 Highway 101 WC'm', Port Angeles, stated his approval of the request as the owner of the property in question. He stated that there is no obstruction to safe vehicular movement in the alley which provides access to the site from Albert Street. There is good sight distance due to the distance from the alley to the building. There being no further testimony, Chair Nutter closed the public hearing. Following brief discussion, Commissioner King moved to approve the conditional use permit with the following conditions, and citing the following findings and conclusions: Conditions: 1. A spray booth which complies with the Uniform Fire Code, including provision of an approved automatic fire extinguishing system shall be required for any painting over nine square feet of area. 2. The applicant shall submit for approval to the Planning Department a revised, dimensioned site plan which accurately shows the required five parking spaces and screened storage area for any outdoor storage of materials or vehicles. 3. The proposed use shall meet all requirements of the Port Angeles Municipal Code including fire, and building code requirements. 4. The applicant shall meet the requirements of Chapter 14,40 (Parking) for off. street parking spaces for the proposed activity. 5. The applicant shall meet all of the conditions required by the Public Works Department including the provisions for a parking layout for the required five (5) off-street parking spaces to be approved by the City's Engineer prior to use of the booth; that vehicles shall not back directly into the alley; and that construction and location plans for the spray booth must be approved by the Public Works Building Division. 6. The applicant shall comply with all state and local fire code regulations. Construction plans must be approved by the Fire Department. 7. The paint booth must comply with aU requirements of the National Electric Code. An electrical pennit is required for any changes to electrical wiring for the use. Findings: Based on the information provided in the staff report (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: . . . Planning Commission Minutes . October /1.1995 Page 3 1. The applicant, David Gaffiley has applied for a conditional use permit to operate an auto body repair and paint shop at 535 112 E. Second Street as proposed in the Staff Report attached as Attachment A; 2. Existing land uses adjacent to the subject site are as follows: To the north: To the south: commercial~ commercial (single-family residences are located on the south side of Second Street, approximately 150 feet away); commercial; and commercial; To the east: To the west: 3. The Comprehensive Plan identifies the site as Commercial; 4. The subject property is zoned Commercial, Arterial (CA); 5. An auto body repair and paint shop is a conditionally permitted use in the CA zone. 6. A Determination of Non-Significance (#643) was issued for the project on September 25, 1995. No comments were received during the comment period. Conclusions: A. As conditioned, the proposed use is consistent with the City's Comprehensive Plan including but not limited to Land Use Element Goal A, Policy NO.2 and Goal D, Policy No.1; B. As conditioned, the proposed use is consistent with the City's Zoning Ordinance including the intent of the CA zone; and C. As conditioned the proposed project is not contrary to the public use and interest. Complissioner Winters seconded the motion, which passed unanimously. ZONING CODE AMENDMENT - ZCA 94(11 )07 - CITY OF PORT ANGELES. REVISION TO ZONlNG DESIGNA TrONS IN SOME AREAS OF THE CITY. City-wide: Final hearing in the process of revising the City's Zoning Map in compliance with the City's Comprehensive Plan which was adopted in June, 1994, and updated in June, 1995. This hearing is a continuation of hearings begun in November, 1994, fOf this process. Planning Director Collins opened discussion by explaining that approximately eighty separate areas of the City were feviewed for compliance with the Comprehensive Plan. Those areas Planning Commission Minutes - October J J. J 995 Page 4 . are detailed in the supplemental environmental impact statement (SEIS) prepared for the proposed amendment action. Some of the areas are being proposed for rezone based on that review and public comment received during this past summer at meetings conducted by the Planning Department in City neighborhood areas. The Planning Commission and staff discussed the SEIS and it was noted that as the document is still in draft form there will be opportunity for correction and refinement prior to its finalization. Chair Nutter called for a ten minute break at 8: 10 p.m. The meeting reconvened at 8:20 p.m. The Chair welcomed the audience and opened the public hearing. [For clarification of the following, areas discussed by the public during the public hearing are described by the "Area" that they are referred to as being in under the draft supplemental environmental impact statement (SEIS)] (Area No.1) '. Pam Tietz, 2138 West Tenth Streett representing the Clallam County Housing Authority, noted that at present there is only one small three acre parcel of Residential Medium Density (RMD) property available in the City. This is not enough to satisfy the needs of the next twenty years' growth. The RMD zone allows for a diversity of uses within a neighborhood and is particularly valuable for development by social service groups. The City needs more RMD property to provide a mix of residential opportunities. She closed by urging the City to rezone the 18 acre parcel of property on Campbell A venue owned by Clallam County to be rezoned from RS-9, Residential Single Family, to RMD. Rick Sepler, Madrona Planning Sen'ices, 607A Tyler Streett Port Townsendt W A 98368, representing aallam Countyt has been working with the Clallam County Commissioners on a mixed use housing development proposal for the approximately 18 acres of property located south of Campbell Avenue, owned by Clallam County. Only 7.3% of property in Port Angeles is presently designated as RMD. Approximately three acres of that land is available for development at this time. This is not a sufficient amount of property to satisfy the community's needs. It is critical to find property to add to the existing housing stock consistent with the Comprehensive Plan and the State's Growth Management Act requirements. If capital facilities are not available for development prior to development, as such in the case of the subject property, private or public monies may be used to place those infrastructure needs at the time of development. Dorothy Duncant County Commissionert 223 East Fourth Street, stated that the County is committed to dedicating its property on Campbell Avenue for an affordable housing use. This commitment is consistent with the goals and policies of the City's Comprehensive Plan which would support a rezone of the property to RMD zoning. . John Draint 3617 So. Mt. Angeles Roadt felt strongly that the Campbell Avenue neighborhood should have some say in whether the County's property should be rezoned to medium density. When the property was annexed it was understood that it would be zoned residential single family. Earlier this year the County applied for a rezone to RMD for the property in question. That rezone request was denied for good reasons and based on that decision the question of rezone to RMD for this property should therefore have been decided. Planning Commission MinUles - Oclober 11. J 995 Page 5 . He testified that many neighbors in the area did not plan to attend the evening's public hearing as they are convinced that they made their point earlier and so did not feel the issue was still alive. The neighborhood is doing its share in providing multi family housing opportunities as witnessed by the large number of apartment uses that exist in the area. A rezone of the property in question to RMD should be denied based on the previous decision for denial. Rex Waldron, 3814 Wabash Avenue, spoke for himself and Rick Mel\'in( another neighbor) as opposed to a proposed rezone to RMD for the County property on Campbell Avenue until a concrete proposal is presented for the property. If the property is rezoned at this juncture there will not be an opportunity for the neighbors to review and comment/approve the proposal prior to a development. Bob Tieterman, 3510 Wabash Avenue, is opposed to a rezone of the County's I8-acre parcel of property to RMD at this time but realizes that change will occur in the future. If changes are allowed he asked that the City be able to assure the public and the neighbors that they will be given ample opportunity to review and comment on the development proposals and that those comments will be incorporated to the greatest degree in whatever final plan results. He requested that prior to rezone a plan be presented which could then result in a rezone based on that approved plan. '. Martin Rowe, 802 Sheridan, Port Townsend, WA, stated that the County's proposal is good for the entire conununity. Low income housing that is developed under today's guidelines is done to a much higher standard than in the past. The master plan for the Campbell Avenue project is conscious of neighborhood impacts and makes sense land use wise and from a social standpoint. (Area 10) Jim Thornburg, 521 South Race, adamantly opposed the rezone of approximately 4 lots, 2 lots deep between Sixth and Seventh Streets east of Race Street from RS-7, Residential Single Family to RMD, Residential Medium Density, located east of Race Street between Sixth and Seventh Streets. Mildred Sheehan, 911 East Sixth Street, Dan Fairbairn, 932 East Sixth Street, Le Roy Billings, 917 East Seventh Street, Darin Reidel, 910 East Sixth Street, Harold Hanusa, 201 West Ninth Street, Dave Postman, 919 East Sixth Street, Pam Munro, 923 East Sixth Street, and Don Tinkham, 916 East Sixth Street, added their opposition to the request to rezone property east of Race Street between Sixth and Seventh Streets to RMD due to an increase in traffic and noise that might be associated with such a rezone. . Jim Reed, 485 Blue Mountain Road, addressed the Commission on his request for rezone of the four lots under consideration for rezone at his request. Although he is requesting rezone to RMD zone, he feels the most appropriate zoning may be CO, Commercial Office, as the CO zone fits better with the surrounding residential neighborhood. There is a tremendous amount of traffic noise at this very busy street location. It is his opinion th~t if he were to develop the four lots into four single family residences, those homes would need to be geared to a possibly rental populace due to the traffic and location just south of Civic Field, and that possibility may not appeal to the neighbors who seem to be well established. ... ... . . Planning Commission Minutes - OClober J J. J 995 Page 6 Phil Riley, 227 Baker Street, is a property owner in the area under consideration by Mr. Reed. He opposes a change in the zoning of the neighborhood in question but does not oppose a change to CO as described by Mr. Reed. (Area 5) Alex Marshall, 2259 Arbutus Road, Victoria, B. C V8Nl V4, requested that property he owns located in Suburban Lot 83 (south of Fourteenth Street, east of Upl' Street) be rezoned as proposed to RMD, Residential Medium Density. There being no further public testimony, Chair Nutter closed the public hearing. In response to Commissioner German, Mr. Collins elaborated on the rationale for the recommended changes proposed by staff to the three areas spoken of during the public hearing. Areas No. 1 and 5 were recommended for a zone change because they exhibited four principle characteristics: (1) they were large, vacant properties available for residential development and in need of infrastructure improvements and so planning of that infrastructure is yet to be made; (2) there were willing property owners in those instances, two of which spoke during the public hearing; (3) the arterial street system would support access, although in each case arterial improvements have to be made but the arterials would support increased densities in those locations; and (4) the Residential Medium Density (RMD) zone is the primary zone that has no developable property available in the City limits. Area No. 10 is already developed with the exception of the lots being requested for rezone. Residential properties in the vicinity have been proposed for rezone to commercial designations in the past. Uses in the area include public and high density residential uses such as an apartment building, a nursing home, Civic Field, and Erickson Park and Playfield. The recommendation to rewne the property to RMD rather than CO was a conscious decision to try to maintain residential development along Race Street as opposed to increasing the commercial strip along the Race Street /Eighth Street Corridor, not because CO is not compatible with single family residential but rather that it was less compatible with the through traffic use of Race Street as an arterial street. The amount of traffic occurring and which will occur in the future make it difficult to develop new single family housing on Race Street. Therefore, because of existing development and a willing property owner, it made sense to propose a change two lots deep along Race Street. Which request was addressed by neighboring property owners during the public hearing. Following further discussion, Commissioner Winters moved to continue deliberation to the October 25, 1995, long range meeting of the Commission. Commissioner German seconded the motion, which passed unanimously. . . . Planning Commission Minutes - October 1 I. J 995 Page 7 MUNICIPAL CODE AMENDMENT - MCA 95(10)03 - ADOPTION OF AN ADMINISTRATIVE SYSTEM FOR IMPLEMENTATION OF THE CITY'S SHORELINE MASTER PROGRAM PROCESS. City- wide: Director Collins review staffs memorandum summarizing the effects of adoption of Chapter 8 to the City's Shoreline Master Program and to Chapter 15 of the Municipal Code. Following notation that the amendment is basically placing in written form the procedures followed in processing substantial development permits, variances, and conditional use permits, Chair Nutter opened the public hearing. There being no one present to address the issue, the Chair closed the public hearing. Commissioner Souders moved to recommend Council adopt Chapter 8 of the Shoreline Master Program amending Chapter 15 of the Port Angeles Municipal Code as proposed by staff, citing the following findings and conclusions: Findings: 1. The City Council, Planning Commission, and Clallam County Board of Conunissioners appointed a citizen's advisory committee to assist in the development of a customized City of Port Angeles Shoreline Master Program. 2. The City of Port Angeles was awarded a $17,000 Coastal Zone Management 306 grant from the Department of Ecology for the preparation of a new shoreline master program for fiscal year 93/94. 3. A supplemental Environmental Impact Statement (SEIS) to the Comprehensive Plan EIS was prepared for the new shoreline master program proposal. The Final SEIS was issued on September 1, 1994. The analysis which led to adoption ofthe FSEIS included Chapter 8 as proposed. 4. Chapter 173 .16W AC sets forth the requirements for the development and contents of a shoreline master program. 5. Following public hearings, on May 23, 1995, the City finalized adoption ofa new Shoreline Master Plan by adoption of Ordinance No. 2869, minus an administrative section. The proposed Chapter 8 to that plan sets forth the process by which shoreline substantial development permits, conditional uses, and variances may be approved, approved with conditions, or denied, and the appeal process for those procedures. 6. The currently observed permit review process is observed per state law but is not available in a user friendly form accessible to the general public. . . . PlaMir/g Commiss;or/Minules - October 1/. J995 Page 8 Conclusions: A Adoption of Chapter 8 of the proposed Shoreline Master Program is in the public's interest. B. Adoption of Chapter as proposed is 'in compliance with the State's Growth Management Act requirements of 1991, the Shoreline Management Act, and implements the City's 1994 Comprehensive Plan. Commissioner King seconded the motion, which passed unanimously. COMMUNICA TIONS FROM THE PUBLIC None STAFF REPORTS Director Collins stated that the staff does not have a good plan of operation if Initiative 164/Referendum 48 passes in November. Staff is waiting to see what transpires to determine what course of action if any will be necessary following the November election. The Planning and Public Works Departments are working with a consultant to determine costs and benefits and revenues as well as the financial impacts of annexation of properties in the City's east UGA. The Growth Management Hearings Board has received an appeal of the City's UGA eastern boundary being along the east side of the Morse Creek Canyon instead of the west side of the Canyon. The appeal was filed by property owners in that area. REPORTS OF COMMISSION MEMBERS Chair Nutter suggested that the procedure for final review of the recommended zoning changes on October 25, 1995, be that between now and then the Commissioners review the supplemental environmental impact statement and the proposed areas noting those specifically that need further attention and discussion and note those areas so there will be some sort of organized review at that time rather than referring back and forth. Chair Nutter suggested that in order to provide information for the 1996 Comprehensive Plan update due in the spring of 1996, a committee should be formed to define and identify bicycle/walking lanes and to study the issue of view corridors. Commissioner Campbell distributed information he found interesting and helpful from the City of Boseman, Montana, which is similarily sized to Port Angeles dealing with impact fees. Commissioner Souders noted that it became evident during the public hearing previously conducted that many members of the public do not understand the density allowances of the City's different zoning districts. It would be good policy to educate the public during the public hearing process if it becomes apparent that the testimony may be based on a misconception of the regulations being spoken of . . . Planning Commission Minutes - Oclober 11. 1995 Page 9 ADJOURNMENT The meeting adjourned at 10:20 p.m. Brad Collins, Secretary PREPARED BY: S. Roberds ~~~.n~ I . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: /H:#kcI1 / 99 ~ ~ II 11 " " J. I' ( \ t \ { l { l ( I '1 / I / I V~$C . PLEASE SIGN IN CITY OF PORT ANGELFS Planning Commission Attendance Roster Meeting Date: C)dt7!~ I (, J 995