HomeMy WebLinkAboutMinutes 11/20/1991
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AGENDA
PORT ANGELES PLANNING COMMISSION
City Council Chambers
321 East Fifth Street
Port Angeles, W A 98362
November 20, 1991
7:00 P.M.
Special Meeting
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES: Meeting of November 13, 1991
PUBLIC HEARING:
REZONE REOUEST - REZ 91(11)04 - NllCHEL/llURWORTH. South Del
Guzzi Drive: Request for rezone of approximately 26,000 square feet of property
from RS-9, Residential Single-Family, to RMF, Residential Multi-Family.
(Continued from November 13, 1991.)
2. REZONE REQUEST - REZ 91(11)05 - CITY OF PORT ANGELES. Between
Peabody and Chase and 5th and 7th Streets: Proposed rezone of approximately
9.3 acres from RMF, Residential Multi-Family, to OC, Office Commercial.
3. ZONING CODE AMENDMENT - ZCA 91(11)7 - CITY OF PORT
ANGELES. Housekeeping Measures: Proposed amendments to Ordinance No.
1709, as amended, which would constitute regular maintenance of the City's
Zoning Ordinance as amended, Subdivision Ordinance No. 1631, as amended, and
Parking Ordinance No. 1588, as amended. Amendments to standards and
improvements to administrative provisions.
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All correspondence pertaining to a hearing item received by the Planning Department at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
Planning Commission: Ray Gruver, Chair; Cindy Souders, Vice-Chair; Jim Hulell; Roger Cans; Larry Leonard; Bob Philpoll; Bill Anabel.
Planning Staff: Brad Collins, Planning Director; Sue Roberds, Planning Office Specialist; lohn limerson, Associate Planner; David Sawyer,
Senior Planner.
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Planning Commission Agenda
Page 2
V. COMMUNICATIONS FROM mE PUBLIC
1.
Request for Interpretation - Guizzo
VI. STAFF REPORTS
VD. REPORTS OF COMMISSION MEMBERS
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. 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.
All correspondence penaining to a hearing item received by the Planning Department at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
Planning Commission: Ray Grover, Chair; Cindy Souders, Vice-Chair; Jim Hulen; Roger Calts; Larry Leonard; Bob Philpott; Bill Anabel.
Planning Staff: Brad Collins, Planning Director; Sue Roberds, Planning Office Specialist; John Jimerson, Associate Planner; David Sawyer,
Senior Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington
November 20, 1991
CALL TO ORDER
Chairman Gruver called the meeting to order at 7:05 P.M.
ROLL CALL
Members Present: Ray Gruver, Bob Philpott, Bill Anabel, Larry Leonard, Jim Hulett,
Cindy Souders and Roger CaUs.
Staff Present: Brad Collins, John Jimerson.
APPROV AL OF MINUTES
Mr. Philpott moved to approve the November 13, 1991, Planning Commission
Minutes, with three changes. Public Works Deputy Director Ken Ridout should be
added to those staff present. Page 3, f"Irst sentence should read "northCmeant
south)"; and on page 4, second paragraph, the word rezone should be added. Mr.
Anabel seconded the motion which carried 6-0, with Ms. Souders abstaining.
Mr. Leonard moved to reverse the order of items one and two on the agenda. Mr.
Hulett seconded the motion which passed unanimously.
PUBLIC HEARINGS
REZONE REQUEST - REZ 91(11)05 - CITY OF PORT ANGELES~ Between
Peabody and Chase and 5th and 7th Streets: Proposed rezone of approximately
9.3 acres from RMF. Residential Multi-Family. to OC. Office Commercial
. Chairman_Gruver~,stepped . down ,from..the.dais..due.to .a,conflict of interest. Vice
Chairman Souders assumed the chair and opened the public hearing.
Donald Edgmon~ 619 South Chase, expressed concern about the ability to obtain
financing for purchase of single-family homes or home improvements as he had spoken
with local bankers who told him it is difficult to obtain financing for residential units on
commerciall y zoned property.
PLANNING COMMISSION
November 20. 1991
Page 2
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Howard Doherty, 441 Hillcrest, owner of a home in the proposed area, asked if the area
proposed for rewne is contiguous or if it creates islands of residentially zoned property.
Staff responded that the proposed rezone area is contiguous.
Jim Galvin, 316 East Sixth Street, called First Federal Savings and Loan, which had
responded that they would not approve mortgage or home improvement loans for
residential uses on property zoned commercial. He asked what the definition of the
Office Commercial District (DC) is. Ms. Souders read the defmition of the OC District
from the Zoning Ordinance. Mr. Leonard added that the permitted uses include not only
services and offices, but residential uses as well.
Michael Serwe, 317 East Seventh Street, asked if after a home is converted to
commercial use and then back to residential, would the tax assessment revert back to
residential values.
Mr. Collins responded that assessments are made on a periodic basis, based on the value
of the land and improvements and use on the site and in the vicinity. A rezone would
not have an immediate effect because assessments are made on a periodic basis and
because a change of use may not occur immediately. Mr. Leonard added that if a house
has more value as a commercial property than a residential property it will be taxed at
the higher value.
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Ms. Souders asked staff to contact the Assessor's Office for procedures on tax assessment
and tax rates. Mr. Catts asked what would trigger reevaluation of a change of use. Mr.
Collins stated that staff will contact local financial institutions and the Assessor's Office
to obtain information on these issues, as well as the City Attorney's Office to investigate
the legality of denial of financing to a residential use in a zone district that allows
residential uses.
Lorraine Ross, 418 East Front Street, stated the same concerns with tax assessments
were expressed when the area around the Hospital was rezoned to Office Commercial.
She recently studied tax assessments in that area and noted that there is a significant
difference between residential land use assessments and commercial assessments within
the OC District.
Charles Devoney, 320 East Sixth Street, also was concerned with the ability to fmance
home sales. He asked if area to be rezoned was so large so as to include the senior
center. Mr. Collins responded tha(the origination of the rezone (1986) occurred long
. before the senior center was proposed at that site. The senior center is not listed in the
Office Commercial (OC) or Residential Multi-Family (RMF) Districts as a permitted use.
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Donald Edgmon, 619 South Chase, stated that many of the notices of public hearing
were sent to the financial institutions and not necessarily the owner. Mr. Collins
responded that the notices are mailed to the taxpayer of record, which in most cases is
the legal property owner, but in some cases, they would be mailed to the bank. The
Planning Department could amend the notice format to include a request that if the person
receiving the notice is not the property owner the notice should be forwarded.
PLANNING COMMISSION
November 20, 1991
Page 3
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There being no further testimony, Vice Chairman Souders continued the public
hearing to December 11, 1991, 7 PM, City Hall.
REZONE REQUEST - REZ-91(1l)04 - NIICHELIHURWORTH, South
DelGuzzi Drive: Request for rezone of approximately 26,000 square feet of
property from RS-9, Residential Single-Family, (Continued from November 13,
1991.)
Mr. Collins explained that the City Council had continued the Planned Residential
Development (pRD) Ordinance review to December 3, 1991, to allow those Council
members absent from the November 13, 1991, meeting to be in attendance for the
decision. He suggested the Commission proceed with their recommendation on the
proposed amendment. The applicant could not apply for a PRD because the site is less
than the minimum of one acre, but the Planning Commission could require PRD
approval.
Chairman Gruver opened the public hearing at 7:55 PM.
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Bill Lindberg, 319 South Peabody, stated the applicant had met with the Mantooths and
the Hares, who accepted five conditions proposed to be placed on the rezone, stating that
the applicant found the conditions were preferable to the PRD review process.
Mr. Leonard asked what would be the maximum number of units the site could
accommodate. Mr. Lindberg answered that there could be 15 apartment units or up to
20 units of senior housing with reduced parking and smaller units.
Mr. Philpott asked if conditions of a rezone are transferrable. Mr. Collins answered that
if the property was sold, the City and new property owner(s) would still be bound by the
conditions.
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Robbie Mantooth, 2238 East Lindberg Road, stated that it is important to retain the
single-family character of Lindberg Road. It is not appropriate to use the finding that
there are an existing 200 units approved as justification for approving this additional
rezone. The incremental effect of this rezone is not consistent with the Comprehensive
Plan requirement that multi-family development in suburban areas shall occur only as an
occasional use. She ask~ for additional protection ,beyond ,the conditions proposed by
Mr. Lindberg and would like the City to make any rezone conditional on a PRD review.
She asked that Del Guzzi Drive be closed to the south to all but emergency vehicles, so
all traffic north of Lindberg Road would access the site from Highway 101. She
expressed concerns over environmental impacts of development in the area on Ennis
Creek, including increased pollutants resulting from maintenance of landscaping. Six
units on a 26,000 square foot site would be an appropriate density.
Mr. Leonard interrupted Mrs. Mantooth's testimony concerning the Ennis Creek Estates
decision and began to comment about it. Chairman Gruver attempted to stop Mr.
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PLANNING COMMISSION
November 20, 1991
Page 4
Leonard, but Mr. Leonard finished his comment questioning the appropriateness of
testimony on past decisions. Mrs. Mantooth asked if she should stop testifying, and
Chairman Gruver asked her to finish her testimony which she did.
There being no further testimony, Chairman Gruver closed the public hearing at 8: 15
PM. The Planning Commission discussed the possibility of approving a conditional
rezone using the conditions proposed by the applicant.
Mr. Collins stated that staff will not support such a conditional rezone. It is not an
appropriate manner in which to proceed with planning as it ties not only future property
owners' hands with respect to future use of the land but also ties the City's hands. He
said staff would go along with a rezone conditioned on PRD approval, since the PRD was
in effect a rezone that could be changed by future City zoning action.
Mr. Leonard stated that PRDs are not meant for small developments. They are for larger
developments where the advantage of clustering or density credits can be applied. He
then moved to approve the rezone request citing the seven fmdings and three
conclusions contained in the staff report. The motion died for lack of a second.
Following substantial discussion regarding options of requiring a PRD approval or a
conditional rezone, Mr. Catts moved to recommend approval of the rezone request
as proposed, subject to the following conditions:
CONDITIONS:
A. The maximum number of dwelling units be limited to six (6).
B. Site access and drainage shall be approved by the Public Works Department prior
to development.
C. Construction shall commence within five (5) years and be completed within six
(6) years from the date of final approval.
D. Noncompliance with any of the above conditions (A-C) shall cause the property
to revert back to its original RS-9, Residential Single-Family designation.
The following findings and conclusions were cited:
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1. The request is to rezone a 26,000 square foot site from RS-9, Residential Single-
Family, to RMF, Residential Multi-Family.
2. The property is not developed; therefore, the rezone will not result in non-
conforming uses or structures.
3.
The site is bounded by the Golf Course to the west and south, and RMF-zoned
property to the north and east.
PLANNING COMMISSION
November 20. 1991
Page 5
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4.
The Comprehensive Plan includes several Goals and Policies relating to the
proposal, including Goals Nos. 3 and 5, and Residential Policies Nos. 1,2, 4, 12,
13, 15, 16, 17 and 18.
5. The applicant has indicated an intent to construct six (6) town home
condominiums. The zoning could allow as many as twenty (20) units.
6. The site has no direct interface with low-density residential development, with the
Golf Course to the west and south and Ennis Creek Estates PRD to the north and
east. There is low-density development further to the south, along Lindberg
Road, and further to the east along Del Guzzi Place.
7. There are existing roadways and utilities available to support the rezone. The site
has access to an arterial road (Highway 101) via Del Guzzi Drive.
8. A PRD (application) is not allowed for sites of less than one (1) acre.
Conclusions:
A. The rezone is in the public use and interest and is compatible with the surrounding
zomng.
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B.
The rezone is consistent with the Goals and Policies of the Port Angeles
Comprehensive Plan, specifically Goal Nos. 3 and 5, and Residential Policies
Nos. 1, 2, 4, 12, 13, 15, 16, 17 and 18.
C. Circumstances have changed since the property was zoned RS-9 by the City of
Port Angeles. Adjacent property (12 acres) has been rezoned to RMF, and PRD
approval has been granted for multi-family development on that 12 acres.
D. Six (6) dwelling units is an appropriate density for the (subject) site.
The motion was seconded by Jim Hulett, and passed 5 . 1, with Ms. Souders
abstaining due to her absence at the previous meeting where public testimony was
taken on this issue. Ray Gruver stated that he voted "no" because he has consistently
heard from Planning staff( at least five different planners) that there are too many
ramifications with contract rezones. He has never heard professional staff indicate
contract rezones are apP~Qpriate. He believes itis important to trust the insistence of the
professional stiff that contract rezones are not a good idea.
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Mr. Collins asked the Commission to consider sending a member of the Commission to
the Council meeting, December 3, 1991, to present the Planning Commission's
recommendation, as staff will have a difficult time presenting the Planning Commission's
recommendation when staff will have a different recommendation. The Planning
Commission agreed to have a member present the Planning Commission's
recommendation.
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PLANNING COMMISSION
November 20, 1991
Page 6
Mr. Lindberg asked staff to recommend Council set the public hearing for January 7,
1992.
The Commission took a break at 9 PM. The meeting reconvened at 9:15 PM.
Mr. Leonard moved to reverse the order of the remaining agenda items to hear the
interpretation request flI'St, and the remaining agenda item second. The motion was
seconded by Jim Hulett, and carried unanimously.
COMMUNICATIONS FROM THE PUBLIC
1. Request for Interpretation - Guizzo
Following a brief discussion comparing beauty shops, kennels and veterinarian offices,
their similarities and locations, Larry Leonard moved that pet grooming be considered
the same as beauty shops.
Continuation of public hearings:
ZONING CODE AMENDMENT - ZCA 91(11)7 - CITY OF PORT
ANGELES, Housekeeping Measures: Proposed amendments to Ordinance No.
1709, as amended, which would constitute regular maintenance of the City's
Zoning Ordinance as amended, Subdivision Ordinance No. 1631, as amended, and
Parking Ordinance No. 1588, as amended. Amendments to standards and
improvements to administrative provisions.
The Commission questioned the proposed non-conforming provision with respect to
parking which would require a facility which is abandoned for a year or more to meet
parking requirements prior to its further use. Options were discussed which could be
employed by property owners including the creation of a PBIA (parking Business
Improvement Area), parking variances, remodel of the site to provide parking on-site,
or off-site parking within 100 feet of the site. Following discussion, it was the consensus
of the Commission to eliminate the proposed clause. Discussion ensued which resulted
in minor changes to the proposed landscape and design standards. Mr. Leonard moved
to recommend the City Council approve the proposed amendments .with the changes
noted, citing the fmdings and conclusions as follows:
Findings:
1.
Zoning Code Amendments may be initiated by the Planning Commission and City
Council as authorized in Sections 9 and 10 of Article XI, Ordinance No. 1709,
as amended.
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PLANNING COMMISSION
November 20, 1991
Page 7
2.
The Planning Department has identified several minor amendments to the zoning
and parking ordinances which serve to clarify, reorganize, eliminate duplication
or otherwise improve specific sections of these ordinances.
On November 20, 1991, the Planning Commission conducted a duly notified
public hearing in conformance with the requirements of the Port Angeles
Municipal Code.
3.
Conclusions:
A. The amendments to Ordinance No. L 709, as amended, are in the public use and
interest.
B. The amendments to Ordinance No. 1588, as amended, are in the public use and
interest.
C. The amendments. to the Ordinance are consistent with the policies of the
Comprehensive Plan.
D. The amendments improve and clarify ordinance format and provisions.
The motion was seconded by Jim Hulett and carried unanimously.
STAFF REPORTS
Mr. Collins reported the City Council had continued the PRD Ordinance amendment to
December 3, 1991. He also noted that Ray Gruver and Jim Hulett's terms will expire
in March, 199 L. Mr. Hulett has served two and a half terms and is therefore not eligible
for renewal.
At the City Council's November 20, 1991, meeting, Mr. Gruver was reappointed for a
full four-year term beginning March L, 1992.
REPORTS OF COMMISSION MEMBERS
Mr. Leonard suggested the Commission consider placing contract rezones of a minor
nature for projects that are not large enough to allow for. PRDs on a Jong-range agenda.
Mr. CollIns pointed 'out that the City Attorney was proposing to allow for PRDs to be
required by the City and reiterated his concerns that contract rezones bind the City and
property owners and that the City is not able to foresee all potential ramifications which
may result in contract rezones. He once again strongly urged the Commission not to
consider such an option. Following discussion, the consensus was to direct staff to draft
a new zoning district which would provide for medium residential uses that may be more
appropriate in some areas but limiting the density to less than what the existing RMF
zone allows. In creating such a district, the City may have more flexibility as to where
multi-family zoning is located.
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PLANNING COMMISSION
November 20, 1991
Page 8
Jim Hulett asked that when interpretations of the Commission are requested, staff present
the interpretations without reference to the specific individual or site, so the Commission
does not focus on site specific issues but on the more general zoning application.
Chairman Gruver apologized for not maintaining order during one of the public hearings
and requested that when the Chairman asks members to restrain from comments they do
so or ask for the Commission's approval before continuing. Mr. Leonard agreed with
the other Commissioners and apologized for not following the Rules of Order.
Brad Collins noted that the City Attorney is drafting a memorandum to the City Council
and Planning Commission explaining that it is not appropriate for members of the Council
nor boards/commissions to discuss matters or debate them with members of the public
as they give public testimony. Questions may be asked of the public after they have
completed giving testimony, and positions may be taken after the public hearing is closed.
The Commission carried on a discussion regarding Robert's Rules of Order.
ADJOURNMENT
There being no further business, Mr. Anabel moved to adjourn the meeting at 11:00
PM. Mr. Hulett seconded the motion, which passed animously.
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Brad Collins, Secretary
Prepared by: John Jimerson
JJ:sr
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PLEASE SIGN IN
CITY OF PORT ANGELES
Attendance Roster
Type of M~ ~annin;, com:~
Date M /.I?? 'J..I1-1 j .I 99/
Location 321 E. 5th Street - City Hall
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