HomeMy WebLinkAboutMinutes 11/08/1989
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AGENDA
paRT ANGELES PLANNING COMMISSlaN
321 East: Flft:h St:reet:
Part: Ang8les, Washlngt:an 983&2
NOVEMBER 8, 1989
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of October 25, 1989
IV. PUBLIC HEARINGS:
1. REZONE REQUEST - REZ 89(07)5 - DEL HUR, INC., Del Guzzi
Drive: Request for rezone of approximately 36 acres from
RS-9, Residential Single-Family, to RMF, Residential Multi-
Family. (Continued from the September 13, 1989, meeting).
2. SHORELINE MANAGEMENT PERMIT - SMA 89(10)103 - PORT OF
PORT ANGELES, Boathaven, Marine Drive: Request for a Permit
to allow 14 piling to be used to secure launch ramp floats
at the Boathaven, located inside the timber breakwater, in the
M-2, Heavy Industrial District.
3. SHORELINE MANAGEMENT PERMIT - SMA 89(11)104 - K-PLY,
439 Marine Drive: Request for a Permit to allow the construction
of 400' of bulkhead and 4 pile fenders for berthing, located in
the M-2, Heavy Industrial District (Dept. is requesting continuation).
4. CONDITIONAL USE PERMIT - CUP 89(11)18 - BOURGET, 6th and
ME" Streets: Request for a Permit to allow four duplexes to be
constructed in the RS-7, Single-Family Residential District.
5. CONDITIONAL USE PERMIT CUP 89(11)20 - BRUMMETT, Lower
Elwha Road: Request for a Permit to allow animal husbandry
1n the LI, Light Industrial District.
6. CONDITIONAL USE PERMIT EXTENSION - CUP 88(09)19 HO -
WILLIAMS, 350 Viewcrest Avenue: Extension request to allow
continuation of a beauty shop as a Home Occupation, located in
the RS-7, Single-Family Residential District. (Referred from the
September 21, 1989, Administrative Hearinq).
7. CONDITIONAL USE PERMIT EXTENSION - CUP 88{09)HO - GERMAN,
3131 Regent Street: Extension request to allow continuation of
a day care as a Home Occupation, located in the RS-7, Single-
Family Residential District. (Referred from the October 19, 1989,
Administrative Hearing).
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PLANNING COMMISSION
AGENDA
November 8, 1989
Page 2 of 2
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
The. Pla.nni.n.g Commi..6.6.ion w.ill not c.omme.nc.e. a nw he.aJr..ing be.yond. 10 P.M. Any .item
not .6taJLte.d plL.iOlt to tha.t time. w1..ll c1U.torna..tic.a..Uq be c.ontinue.d to the. ne.xt JLe.gulcvt
meet.ing On the Comm.i.6.6.ion.
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PLANNING COMMISSION
Port Angeles, Washington
November 8, 1989
I.
CALL TO ORDER
Chairman Cornell called the meeting to order at 7:00 PM.
II. ROLL CALL
Members Present:
Jerry Glass, Jim Hulett, Larry Leonard,
Jerry Cornell, Donna Davison and Bob
Philpott earrived late).
Dick Wight
Members Absent:
Staff Present:
Brad Collins
III. APPROVAL OF MINUTES
Mr. Leonard noted that he left the October 25, 1989, meeting
after the Public Hearings. Director Collins suggested wording
to the conclusions for approval of a Zoning Code amendment to
the CSD-N Community Shopping District, to read as follows
(from page 3):
"A. The limited permitted uses in the CSD-N District can be
better modified by restricting the size of facilities and/or
hours of operation than by reclassifying permitted uses.1I
Ms. Davison moved to approve the minutes with the amended
wording to Conclusion A, Page 3, as suggested by Director
Collins, and also to add a notation that Mr. Leonard had left
the October 25, 1989, meeting following the public hearings.
Jerry Glass seconded the motion, which passed unanimously.
IV. PUBLIC HEARINGS
REZONE REOUEST - REZ-89(07) 5-DEL HUR INC.. Del Guzzi Drive:
Request for rezone of approximately 36 acres from RS-9,
Residential Single Family, (continued from the September 13,
1989, meeting).
Director Collins stated that information requested from the
applicant in order to consider the rezone request, has not
been received, and therefore the Department is requesting a
continuation of this rezone request to the December 13, 1989,
meeting of the Commission. Jim Hulett moved to continue the
item to the December 13, 1989, meeting of the Planning
Commission, at 7:00 PM, City council Chambers. Larry Leonard
November 8, 1989
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seconded the motion which passed unanimously.
SHORELINE MANAGEMENT PERMIT - SMA-89 (11) 104-K-PLY, 439 Marine
Drive: Request for permit to allow the construction of 400
feet of bulkhead and 4 pile fenders for berthing, located in
the M-2 Heavy Industrial District.
Director Collins explained that the Department is requesting
a continuation of this Shoreline Permit request, due to
modifications which the proponent may be requesting, as well
as further environmental review information which has not yet
been completed.
Larry Leonard moved to continue the item to the December 13,
1989, meeting, at 7:00 PM City Council Chambers. Jim Hulett
seconded the motion, which passed unanimously.
CONDITIONAL USE PERMIT EXTENSION - CUP-88 (09) 18 HO-GERMAN 3131
Regent Street: Extension request to allow continuation of a
day-care as a home occupation, located in the RS-7, Single
Family Residential district. (Referred from the October 19,
1989, Administrative Hearing.)
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Chairman Cornell noted a request from the applicant, Kelly
German, to continue the extension request hearing to the
December 13, 1989, meeting of the Commission. Mr. Leonard
noted a memo from the Planning Department had indicated that
the Germans would be requesting a continuation of the hearing.
Jim Hulett moved to continue the item to the December 13,
1989, meeting, at 7:00 PM, Council Chambers. Larry Leonard
seconded the motion, which passed unanimously.
SHORELINE MANAGEMENT PERMIT - SMA-89(10)103 - PORT OF PORT
ANGELES, Boat Haven. Marine Drive: Request for a permit to
allow 14 piling to be used to secure launch ramp floats at the
Boathaven, located inside the timber breakwater in the M2,
Heavy Industrial District.
Director Collins reviewed the Department report, Chairman
Cornell opened the Public Hearing.
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Ken Sweeney, Port of Port Angeles, was present. Mr. Sweeney
stated that the staff report had adequately represented the
Port's proposal. In response to questions from Commissioner
Davison, Mr. Sweeney answered that there is sufficient space
in the fairway between the moorage slips and the breakwater
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Page 3 of 9
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and the piling adjacent to the breakwater, to maneuver and
navigate through the channel. He also stated that there will
be approximately 20 feet between the piling and breakwater.
There will be one row of floats, six feet to eight feet wide,
tied to the piling. There has been no change in the location
or the size of the piling at the location from the past; this
will make the situation less temporary. The proposal is not
for more moorage space, but for storage of the launch ramp
floats.
Jerry Glass moved to recommend approval of the Shoreline
Management Permit with the following condition:
1. Department of Fisheries and state and local Health agency
guidelines be observed;
citing the following findings and conclusions:
Findinqs
A. The proposed pilings for boat launch float moorage is an
expansion of the permitted Boathaven and Marina use.
B. A SEPA determination of non-significance has been issued
for this proposal by the Port of Port Angeles.
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c.
Fifteen policies and use regulations from the Port
Angeles Shoreline Master Program and the Port Angeles
Comprehensive Plan as cited above, are applicable to the
Shoreline Permit application.
Conclusions
A. There will be no significant adverse impact from the
proposed use on the Boathaven operation, aesthetics, and
fisheries resource.
B. The proposed boat launch float moorage piling are
consistent with the requirements of the Port Angeles
Shoreline Master Program, Comprehensive Plan, and Zoning
Code.
Larry Leonard seconded the motion, which passed unanimously.
CONDITIONAL USE PERMIT - CUP-89 (11) IS-BOURGET. sixth and E
Streets: Request for permit to allow four duplexes to be
constructed in the RS-7, Single Family Residential district.
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(Mr. Philpott joined the meeting.)
Director Collins reviewed the Department report. Following
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questions from the Commission on traffic impacts, Chairman
Cornell opened the Public Hearing.
Bill Lindberg, 630 East 8th street, was present representing
the applicant. Mr. Lindberg said that the applicant intends
to build four duplexes or six homes on the lots. He further
stated that, in his opinion, a cluster of four duplexes would
be less of an impact than six homes, and would provide more
open space area. He indicated that he felt the impact to the
area would be insignificant, and that the developer is trying
to avoid a "tract" look for the duplexes. The terrain
separates the view from the property to the north, and the lots
are buffered to the south by Shane Park. Mr. Lindberg
distributed pictures to show possible grouping/layouts and
setbacks for the duplexes as proposed. Mr. Lindberg responded
to questions from the Planning Commissioners as to the site
location and the provisions of utilities. Mr. Lindberg said
the applicant would be responsible for extension of utilities
to service the sites.
Lorraine Ross, 418 East Front street, stated support for the
conditional use permit as proposed for the four duplexes.
There being no further questions or comment from the audience,
Chairman Cornell closed the public hearing.
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FOllowing discussion Bob Philpott moved to recommend approval
of the Conditional Use Permit for the four duplexes as
proposed with the following condition:
1. The duplexes be kept to 1 story, using materials
compatible to the surrounding residential development;
and citing the fOllowing findings and conclusions:
Findings:
A. Four duplexes on contiguous lots served by local streets
are proposed.
B. The surrounding area is zoned and developed as an RS-7,
Single Family Residential neighborhood.
C. The density of the subject site is proposed to increase
from six to eight dwelling units.
D. The subject site is served by necessary municipal
facilities for multi-family residential uses.
E.
The duplexes are proposed to be kept to single story with
use of materials compatible to surrounding residential
development.
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F.
A SEPA determination of non-significance has been issued
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for this proposed Conditional Use Permit.
G.
West 5th street and West 8th street, as they cross "E"
street, are both collector arterials.
Conclusions:
A. Four duplexes on contiguous lots at this location does
not pose a land use conflict between single family and
multi-family uses.
B. The subject site is located functionally close to
arterials.
C. The four duplexes, as proposed, would not constitute an
undue concentration of population at mUlti-family
densities within a single family zoning district, and the
identi ty of this neighborhood would be preserved with the
four duplexes, as proposed.
Larry Leonard seconded the motion which passed 6 to o.
The Commission took a 5-minute recess.
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CONDITIONAL USE PERMIT - CUP-89(11) 20-BRUMMETT. Lower Elwha
Road: Request for a permit to allow animal husbandry in the
LI Light Industrial District.
Director Collins reviewed the Department report and gave
background on the use as proposed by the applicant. There was
discussion concerning the requirement for residential fire
sprinkler systems in this area.
Chairman Cornell opened the public hearing. Noting that Ken
Sweeney, Port Planner, was present in the audience, and that
there were no further questions or comments from those
present, Chairman Cornell closed the public hearing.
Donna Davison moved to approve the Conditional Use Permit with
the following conditions, findings and conclusions:
Conditions:
1. The Conditional Use Permit for agricultural use will
cease with the termination of the lease with the Port.
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2. Accessory to the agricultural use, a mobile home may be
located on site with an administrative temporary permit.
Findings:
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A.
The Port of Port Angeles approves the application.
Animal husbandry (pasturing of horses) is a conditional
use within the LI Light Industrial District.
B.
C. The subject property is located by rural residential and
agricultural uses.
D. Residential uses are not permitted as principle uses in
the LI, Light Industrial District.
Conclusions:
A. The Port can control uses that may be adversely affected
by airport operations or future industrial use expansion.
B. The site is physically suited for the proposed use.
C. The use is compatible with surrounding property uses in
the vicinity.
D. This use/ as conditioned, will not be detrimental to the
health, safety, comfort, or welfare of the general
public, nor defeat the purpose of the LI, Light
Industrial Zone, by introducing uses that are not
conditional to long-term Port activities.
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E.
Temporary, permitted accessory uses, including a
residential mobile home, can be permitted as conditioned,
with an administrative temporary use permit.
Jerry Glass seconded the motion, which passed unanimously.
CONDITIONAL USE PERMIT EXTENSION CUP-88 (09) 19 HO ~
WILLIAMS. 350 Viewcrest Avenue: Extension request to allow
continuation of a beauty shop as a home occupation, located
in the RS-7, Single Family Residential District (referred from
the September 21, 1989, Administrative Hearing).
Director Collins reviewed the Department report as well as the
action referring the item to the Planning Commission,
following the administrative hearing held September 21, 1989.
Jim Hulett removed himself from the room citing the Appearance
of Fairness Doctrine. Director Collins reviewed the Department
report. Following questions from the Commission on procedure,
Chairman Cornell opened the public hearing.
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Karen Jensen, 3114 South Peabody, Chris Brown, 3207 Maple
street, and Clay Rennie, 401 East vista view, spoke in
opposition to continuation of the home occupation for a five
year period, and for extension of the hours, per the
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applicant's request. Residents concurred that the area is not
a commercial area, is a critical corner, has inadequate
parking for customers and residents, and is a congested area
as well as being an area of thoroughfare and pick-up for
children and school buses. The residents of the area also
indicated that with the increase in residential development
south of the area, Peabody street at this location is the main
artery to development south of the area.
There was considerable discussion on compliance with the
permit condition over the past year.
Mr. Collins indicated that the use could be self-enforcing,
in that the applicant could require customers to park off
street. The administrative hearing officer concluded a
reduction from two customers to one customer at a time would
reduce conflict with customers coming and going, and therefore
relieve possible congestion at the site, following testimony
received September 21, 1989.
Judy Haggerty, stated that she has been a hair dresser for
many years in the City, and that it is not profitable to have
one customer at a time. There was discussion between
Commission members and Mrs. Haggerty, as well as from Director
Collins, indicating that this use should be considered as a
home occupation, not a commercial operation.
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There being no further questions or comment from the audience,
Jerry Cornell closed the public hearing.
Larry Leonard moved to approve the extension of the
conditional use permit for an additional five year period with
the original three conditions dealing with the fire
extinguisher, the hours of operation, and that there would be
no more than two customers at a time on site, as well as
additional conditions dealing with the Public Works
Department I s approval of the graveled area on site to be
reserved for turn around only but no parking, and to be signed
accordingly, as well as that customers will use the off street
parking, rather than parking in the street. The motion died
for lack of a second.
There was considerable discussion concerning off - street
parking requirements for home occupations. It was stated for
the record that off-street parking is a requirement for all
home occupations.
Larry Leonard moved to approve the extension request with the
following conditions, findings, and conclusions:
1.
One 2AIOBC fire extinguisher shall be installed (and
serviced on a yearly basis as required UFC, or more
frequently, if needed) and a smoke alarm provided.
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November 8, 1989
Page 8 of 9
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2.
The hours of operation shall be limited to 9:00 AM to
5:00 PM, Monday through Saturday.
3. No more than two customers at a time shall be scheduled
for an appointment on the premises at anyone time.
4. This extension is valid for a one-year period.
Findinqs:
A. Complaints have been received both during the year of
operation and at the public hearing;
B. There have been up to three customers on the premises at
one time and up to ten customers in a day;
c. Home occupations are allowed insomuch as they mitigate
the outward appearance and impacts of the commercial
activity on the principally permitted residential uses.
Conclusions:
A. The convenience of customers is subordinate to the
considerations of neighboring residents, particularly
with regard to hours of operation;
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B.
Extension of hours and conditions of approval are not
appropriate until conflicts with residential uses have
been resolved; and
C. Problems generating complaints can be mitigated by
conditions as stated.
D. The proposed home occupation for a beauty shop does not
involved equipment or other processes which introduce
noise or hazards in excess of those normally found in
residential areas.
E. Provided the conditions are enforced, the home occupation
will not significantly increase local vehicular or
pedestrian traffic.
F. Provided the conditions are enforced, the proposed beauty
shop should not endanger the public health, safety,
morals or welfare of the community.
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Jerry Glass seconded the motion which passed 5 to 1, with
Donna Davison voting rrNayrr. Ms. Davison stated that her
opposition vote was due to the fact that this is a critical
corner with congestion and school activities. She stated her
original concerns were over the traffic safety related to the
school district area, the backing into Peabody, and over
parking, and these concerns had only been intensified, not
resolved. The applicants had had one year to show that the
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November 8, 1989
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business would not impact the neighborhood, and she did not
feel that had been accomplished.
Chairman Cornell noted possible confusion in the wording of
the Home occupation r s Chapter of the Zoning Code and the
appeal of the conditional use permit wording in the
administration and enforcement section of the zoning Code,
pertaining to the application. The Chairman indicated that
those individuals who had signed in on the attendance roster
and checked their name would be notified of the appropriate
procedure for final approval or denial of the Williams
Conditional Use Permit.
Commissioner Hulett returned to the dias.
V. COMMUNICATIONS FROM THE PUBLIC
None
VI. STAFF REPORTS
Donna Davison left the meeting.
There was discussion concerning the order of testimony which
should be set as policy for public hearings.
It was determined to encourage the City Council to appoint a
new Planning Commissioner at the earliest possible date.
Mr. Collins reported that the staff reports on possible
amendments to the Zoning Code and to the Adult Entertainment
cup Ordinance would not be ready by November 14. He requested
that the Commission plan on continuing the housekeeping
amendments to the December 27, 1989 meeting. The Commission
concurred.
VII. REPORTS OF COMMISSIONERS
Larry Leonard suggested possible review of the Home
Occupations Chapter of the Zoning Code, as it relates to
extensions granted by the Planning Director.
VIII. ADJOURNMENT
Meeting adjourned at 11:20 PM.
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Jerry Cornell
Chairman
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CITY of PORT ANGELES
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