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HomeMy WebLinkAboutMinutes 12/11/1996 . .. . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. fl'ORT~ .... O~&<t " ,( (} .. tt. ~~ en r--y-- ",v ~ .c. ..... Pl.ANN1llG AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 December 11, 1996 7:00 p.m. I. CALL TO ORDER II. ROLLCALL III. APPROVAL OF MINUTES: November 20, 1996 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 91M1~1lRE, 134 WesLEmnt Street:. Request for a conditional use permit for a microbrewery in the CBD, Central Business District. 2. REZONE REQUEST - REZ.9Ji.=.OJ_~_REED,Jhe...9ill.B.llli;k.he.tw_e_elL6.th and 7th Stree~t of Race Street. Request for rezone of approximately 28,000 square feet (4 lots) from RS-7, Residential Single Family, to CO, Commercial Office. 3. MUNICIPAL COIlE AMENDMENTS MCA 96-11 HOUSEKEE~G MEASURES: Proposed amendments to Titles 14, 16, and 17 (Parking, Short Plat/Subdivision, Zoning, respectively) of the Port Angeles Municipal Code. The measures are intended to be for clarification purposes. v. OLD BUSINESS: Continued discussion on approval of Stormwater Management Ordinance and Associated regulations in compliance with the Puget Sound Water Quality Regulations in compliance with the Puget Sound Water Quality Management Plan. (Continued from November 20, 1996.) VI. COMMUNICATIONS FROM THE PUBLIC PLANNING COMMISSION: Bob King. ( Chair). Tim Gcrman (Vice), Cindy Souders, BobPhilpott. Linda Nutter. Dean Reed. Mary Cravcr. ST AFF: Brad Collins. Director. Sue Roberds Office Specialist. David Sawyer, Senior Planner. . . . VII. ST AFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting! hearing will be provided to Commission members at the meeting. 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 Chainnan may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be 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 Board, not the City Staffrcpresentatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 11, 1996 7:00 p.m. ROLLCALL Members Present: Linda Nutter, Bob Philpott, Cindy Souders, Bob King, Dean Reed, Mary Craver Members Excused: Tim German Staff Present: Brad Collins, David Sawyer, Sue Roberds Public Present: Barry Moore, Richard Black, Jim and Sandy Reed APPROVAL OF MINUTES Commissioner Philpott moved to approve the November 20, 1996 minutes as presented. The motion was seconded by Commissioner Nutter and passed 5 - 0 with Commissioner Souders abstaining. PUBLIC HEARINGS CONDITIONAL USE PERMIT - CUP 96-11.~M{lQRE,JM-.West.Erj).nt.s.tree.t:. Request for a conditional use pennit for a micro brewery in the CBD, Central Business District. Senior Planner David Sawyer reviewed the Planning Department's staff report reconunending approval of the conditional use permit as proposed, and answered questions regarding changes between an earlier application that was approved but never acted upon and the current proposal. The main difference between the two proposals is that the earlier proposal was for the entire structure and included some retail space for additional services. The current proposal is only for the eastern portion of the building and only for the micro brewery use. The site is located in the City's Downtown and in the Parking Business Improvement Area (pBIA). Chair King opened the public hearing. Barry Moore, 3142 Little River Road, Port Angeles, explained that plans for the restaurant/micro brewery have been scaled down from the earlier proposal with the use occupying a much smaller portion of the building than earlier proposed. The intent is to offer a quality product in a convenient Downtown location. He thanked staff for the assistance provided in the application procedure. There being no further comment, Chair King closed the public hearing. . . . Planning Commission Minutes - December 11, 1996 Page 2 Commissioner Nutter moved to approve the conditional use permit as proposed citing the following conditions, findings and conclusions: Condit~ 1. The applicant shall participate as a member of the Downtown Parking and Business Improvement Area. 2. The facility shall comply with state and local fire codes. Findings: Based on the information provided in the Planning Department Staff Report for CUP 96-17 dated December 11, 1996, including all of its attachments) comments and information presented during the public hearing, the PI31ll1ing Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Barry T. Moore, submitted the subject application to the City on October 21) 1996, and a Deterrilination of Completeness was published on October 31,1996. The associated public comment period ended on November 15,1996, with no comments received during that period (please see Attachment A of the PI31ll1ing Department Staff Report dated December 11, 1996, for CUP 96-17). 2. The application is to operate a 3,700 s.f. micro-brewerylrestaurant including possible future use of the building's basement for expanded brewery operations at 134 West Front Street. 3. An Adoption of an Existing Document (#701 adopting DNS #579) was issued for this proposal on December 5) 1996, (please see Attachment B of the Planning Department Staff Report dated December 11, 1996, for CUP 96-17). 4. Initially, the beer brewed will be for on-site consumption only. In the future, the brewing operation may expand to include sales of the product to local businesses. 5. The site is zoned Central Business District (CBD) and is designated by the Comprehensive Plan as Commercial. 6. The Parking and Business Improvement Area (pBIA) provides parking lots in close proximity to the west and east of the site. 7. The land uses in the area are predominantly commercial, with a row of pedestrian oriented retail establishments located between the ferries and the site. 8. Section 14.40.120 (B) of the City's Off-Street Parking Ordinance states "A change of use in a building that exists as of June 25, 1993, and is located in the Downtown PBIA may occur without provision of additional off-street parking spaces unless the . . . Planning Commission Minutes - December 11, 1996 Page 3 floor area of the building is increased." The proposed use will be located in a building that existed as of June 25, 1993, is located in the Downtown PBIA, and will not include any expansion of floor area. 9. Comprehensive Plan Land Use Element Policies D.l and F.I, and Economic Development Element Policies A.4 and A6 are most relevant to the proposed project. 10. A micro-brewery is listed as a conditionally permitted use in the Central Business District zone. 11. Approximately 3,700 square feet of the building's first floor will initially be used by the applicant with an equal amount of basement area reserved for possible future expansion of the brewery operation. 12. A conditional use permit is valid for a one year period from the time of approval. At the end of such period the permit expires unless extended for an additional period of time as permitted in Section 17.96.070(f) of the Port Angeles Municipal Code. Conclusions.: Based on the information provided in the Planning Department Staff Report for CUP 96-17 dated December 11, 1996 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed fmdings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed use is compatible with the surrounding commercial uses and with the intent of the CBD zone. B. As conditioned, the Conditional Use Pennit is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the Comprehensive Plan Commercial designation and those policies listed in Finding No. 9 above. The motion was seconded by Commissioner Philpott and passed 6 - O. Planning Director Collins noted that there is a l4-day appeal period for this action. REZnNE-REQ_U.E~L.91)d}3-=-.REED~~e-9JlllBloduu~meea.6_th and-.1tlLSJr.e.ets~ east of Race Street;_ Request for rezone of approximately 28,000 square feet (41ots) from RS-7, Residential Single Family, to CO, Commercial Office. Chair King opened the public meeting. Director Collins reviewed the Planning Department's staff report recommending approval of the rezone proposal. . . . Planning Commission Minutes - December 11, 1996 Page 4 Commissioner Souders was concerned with the lack of consistency in the City's determinations for this specific area and the current recommendation for approval. She asked why the staffs recommendation has now changed to one of approval. Many neighbors have gone on record at public hearings as being in objection to rezones for commercial uses in this particular area, specifically for the proposed site and one directly west of the site. Planning Director Collins answered that the property was redesignated as Commercial on the City's Comprehensive Plan Land Use Map in June, 1996. A decision consistent with the Comprehensive Plan therefore would be one of approval for the rezone as proposed. The CO, Commercial Office, designation is the City's least intensive commercial district. Commissioner Nutter viewed the proposal as strip commercial development and would oppose a motion for the rezone as proposed for that reason and because the Race Street corridor has long been proposed as an alternate crosstown truck route. Strip commercial development in areas that are designated for, or encourage, heavy truck traffic will result in frequent traffic changes and traffic flow disruption that are not desirable in such locations. The rezone would also reduce the amount of residential property available for development in the City. Commissioner Philpott reminded the Commissioners that although testimony has been given during the past year by neighbors opposing rezones in this area to commercial uses, the opinions expressed most recently by neighbors has been that the CO, Commercial Office, designation would be acceptable. The current proposal is in the public interest, and he therefore moved to recommend approval the rezone as proposed citing the following findings and conclusions: Eindin~ I. The request is to rezone four lots (Lots 8-11, Block 208, TP A), approximately 28,000 square feet of land, located east of Race Street between Sixth and Seventh Streets from RS-7 to CO. 2. The Comprehensive Plan designates the site as Commercial and is at the margin of Medium Density Residential. A number of policies have been identified as being most relevant to the proposal including Land Use Policies A.I and 2, Objective A.I, Policies D.I and E.6, Transportation Policies B.3, B.7, and B.14, and Objectives B.I and BA. 3. The properties to the east, south, west, and north are developed with single family residences, and all are zoned RS-7, except to the south and southwest along Race Street which are zoned CO, Commercial Office. Offices are constructed at the southwest corner of Race and Seventh Streets. 4. The subject site is flat and currently vacant. 5. Race Street is designated as an arterial and in the Comprehensive Plan as part of the crosstown truck route. . . . Planning Commission Minutes - December 11, 1996 Page 5 6. The City adopted a new Comprehensive Plan in 1994 and amended it in 1995 and 1996, including changes in land use designations for the subject site in 1994 and 1996. 7. The City adopted revised Area wide Zoning in 1995 but denied a rezone of the subject site to Medium Density Residential. 8. The SEPA Responsible Official adopted on November 20, 1996, an existing Determination of Non-Significance and Adoption of Existing Environmental Documents prepared on April 18, 1996, for a Comprehensive Plan amendment which included the proposed rezone. Conclusio.us-=- A. The rezone is consistent with the Comprehensive Plan Land Use Map and policies as referenced in Finding No.2. B. The rezone would place new commercial development along the future crosstown tmck route, but access to the commercial properties could be limited to Sixth and Seventh Streets to maintain traffic flow along Race Street. C. Circumstances have changed since the property was zoned RS-7 more than 25 years ago with the City adopting a new Comprehensive Plan in 1994, amending the Comprehensive Plan Land Use Map in 1995 and again in 1996. D. The rezone is in the public use and interest and is compatible with the surrounding zoning and land uses. Commissioner Reed seconded the motion, which passed 5 - 1 with Commissioner Nutter voting in the negative for the reasons expressed previously. MUNICIPAL CODE AMENIlMENIS MCA-2.6-t t HOUSEKEEPING MEASURES: Proposed amendments to Titles 14, 16, and 17 (parking, Short Plat/Subdivision, Zoning, respectively) of the Port Angeles Municipal Code. The measures are intended to be for clarification purposes. Richard O. Black, 2104 West Fourth Street, requested that hedges, walls, and shrubs be limited to a maximum of six (6) feet regardless of where they exist on individual properties. He indicated that he had been working extensively with staffto suggest amended wording to Section 17.08.045 "H" of the Port Angeles Municipal Code to read "Hedge - the special application of shrubs or other plants that have been planted close together so that they form a thicket and an unbroken line, acting as a space boundary or creating a visual screen. An individual tree cannot be a hedge by itself" He suggested that the proposed wording would somewhat protect views in town by allowing for corridors between properties that could protect or ensure one's view. Planning Commission Minutes - December 11, 1996 Page 6 . Planning Specialist Sue Roberds noted that in providing amended wording for subdivisions and short plats, boundary line adjustment provisions were overlooked. She provided wording that would require the Public Works Director's signature instead of the City Engineer's signature, thereby making the procedure consistent with the staffs approval policies. Detailed discussion began regarding the logic behind an automatic exemption for residential uses that are restricted to senior residents. Commissioner Craver it is unwise to generally expect that seniors will have fewer vehicles. Upper end income seniors may have several vehicles and possibly a recreational vehicle and, therefore, it would be a mistake to automatically allow a parking reduction for multiple resident living situations that are restricted to seniors. Commissioner Souders suggested that the current automatic reduction in parking for residential senior developments, as provided for in Chapter 17.16 of the Port Angeles Municipal Code "Homes for the Elderly, Nursing Homes, Elderly Group Care Homes Conditional Use Permit", be for only those low income housing developments where it would be more likely that residents would have fewer vehicles. Planning Director Collins suggested further that the tenninology "senior residents" be amended to read "senior households." . Planner David Sawyer commented that if the Commission is uncomfortable with an automatic reduction for senior residential development parking, proposed parking reductions could be decided through individual parking variance procedures so that the merits of each proposal could be reviewed individually. Following further discussion, the Commission agreed that they would like to continue to review the proposed housekeeping amendments in a more leisurely manner and to continue the hearing to a future meeting. Commissioner Philpott moved to continue the public hearing to the January 8,1997, regular meeting. The motion was seconded by Commissioner Nutter, and passed 6- O. The Chair called for a break at 8:30 p.m. The meeting reconvened at 8:35 p.m. SIORMW A TERMAlSAGEMENT PLAN: (Continued from November 20, 1996.) . Planner Sawyer reviewed the staffs recommendation that was given at the November 20, 1996, meeting, to adopt the proposed stonnwater plan but delay a recommendation regarding adoption of an implementation ordinance until Department of Ecology representatives have been consulted and have reviewed the City's proposed modified parcel proposal, which was discussed in detail at the November 20 meeting. That review should take approximately six months. He noted staffs agreement regarding comments made by Commissioner Reed concerning the inappropriateness of charging those uses that operate individual treatment facilities by private pennit for an overall City stormwater utility as those businesses would Planning Commission Minutes - December 11, 1996 Page 7 . not be contributing to the City's treated discharge. Wording will be included in the final plan that will clarify this issue. City Engineer Gary Kenworthy added his agreement to Commissioner Reed's earlier suggestion. He added that as the grant deadline has already been extended, staff would really like to get at least the overall plan adopted by the end of the extended grant deadline period of December 31, 1996. Following approval by the City Council on the basic plan policy, staff would work with the Department of Ecology on the preferred modified parcel proposal in order to tailor the initially recommended plan to be more appropriate for the City's needs. Commissioner Philpott objected to the proposed stormwater plan due his anticipation of the resulting need to hire additional employees for implementation of the plan. The plan's executive summary proposes that at least eight new employees be hired to facilitate the plan's complete implementation. The City's populace cannot afford a plan that requires so many employees to fulfill. Chair King clarified that the staffs request and proposal is not to adopt the implementing ordinance at this time but only to approve the policy document which will give staff, the Corinnission, and Council time to work out some of the main areas of concern without being in noncompliance with the State's regulations regarding adoption deadlines and grant agreements. . Planner Sawyer noted that adoption of the stormwater plan at this juncture does not guarantee that employees will be hired or that taxes or a separate utility will be set up. It only approves of the City's stormwater policies without the means of implementing those policies. Commissioner Souders encouraged the Commission to recommend adoption of the proposed plan at this time to move forward with the issue. Commissioner Craver expressed concern with both the plan and the implementation ordinance. Approximately ten percent ofthe areas surveyed by the consultant who prepared the stormwater plan had stormwater problems with only about one-third of those areas within fifty feet of a body of water. Following further discussion Commissioner Souders moved to recommend that the City Council approve only the stormwater plan at this time with the corrected wording suggested by Commissioner Reed that businesses operating under private NPDES permits would not contribute to any charges the City's overall stormwater users would be required to pay citing the following findings and conclusions: findings . Based on the information provided in the Planning Department Staff Report entitled Stormwater Management Plan dated November 20, 1996 including all of it's attachments, comments and information presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: . . . Planning Commission Minutes - December 11, 1996 Page 8 1. Local governments are required under State law to establish stonnwater management programs. . 2. The Puget Sound Water Quality Authority developed and published the Water Quality Management Plan for the Puget Sound Basin in 1987 and subsequently amended the plan in 1990, 1991, 1992 and 1994. 3. Each local government that discharges into the Puget Sound Basin, including the City of Port Angeles, is required to develop a storm water management program consistent with the Puget Sound Plan. The minimum that is required is that a local government should adopt ordinances to control runoff from new development and redevelopment, and to maintain both public and private stormwater facilities, and to adopt either Ecology's manual or one that is "substantially equivalent" to the Department of Ecology's Stormwater Management Manual. 4. The preparation of the City's Stonnwater Management Plan and implementing ordinance has been funded by the Port Angeles Stonnwater Management Plan Project, Centennial Grant Program Project No. G9300308. 5. The consulting firm of Economic and Engineering Services, Inc. was contracted by. the City to prepare the Port Angeles Stormwater Management Plan and implementing ordinance. 6. A local citizen committee was created and participated in the development and review of the draft plan. 7. Pollutants such as pesticides, fertilizers, petroleum products, pet wastes, and numerous others are commonly used or result in areas of urban development. 8. Stormwater runoff carries and deposits pollutants into its discharge areas. 9. Uncontrolled stormwater runoff creates flooding and erosion problems. 10. Land utilization and development is also known to increase both the volume and duration of storm water peak flows. 11. Stormwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use of the waters within the City. 12. The Departnient of Ecology's Stormwater Management Manual establishes requirements for "small parcel" permits and "large parcel" permits. . . . Planning Commission Minutes - December 11, 1996 Page 9 Conclusions Based on the information provided in the Planning Department Staff Report entitled Stormwater Management Plan dated November 20, 1996 including all of it's attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. Stormwater pollution is a problem associated with land utilization and development B. An expanding population and increased development of land in the Port Angeles area has led to: Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances such as insect and week control compounds; and · Drainage and storm/surface water runoff problems within the City. C. Continuation of inadequate storm water management practices, to the extent that they exist, will increase water quality degradation, erosion, and property damage. D. In the future such problems will be reduced or avoided if property owners and developers, both private and public, provide for stonnwater quality and quantity controls. E. Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs). F. Best management practices can be expected to perform as intended only when properly designed, constructed, and maintained. G. It would be a benefit to the community to establish a "moderate parcel" permit in addition to the "sman parcel" and "large parcel" permits established by the Department of Ecology's Stormwater Management Manual as long as the "moderate parcel" permit results in protection substantially equivalent to that of the Manual's two sized permit system. H. The draft Port Angeles Stormwater Management Plan and implementing ordinance has been prepared with the intent of complying with State requirements as noted in Finding No.3. The motion was seconded by Commissioner Nutter and passed 5 - 1, with Commissioner Philpott voting in the negative due to his previously stated reason that such a plan will cost too many tax dollars to implement as proposed. Planning Commission Minutes - December II, 1996 Page 10 . COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Planning Director Collins noted that he would be speaking at a short course on planning issues in Poulsbo. The seminar is being arranged by the State Department of Community Trade and Economic Development. Commission members were invited to attend if time allowed. Several Commissioners indicated an interest in attending. Director Collins also informed the Commission that the City Council asked that the Commission's recommendation regarding the City's Transportation Services and Facilities Plan (TSFP) be clarified for its compliance with the City's Comprehensive Plan. Staff will be available for discussion at the January 8, 1997, meeting and will forward the Commission's discussion to the Council for its formal action regarding the TSFP. REPORTS OF COMMISSIONERS . Commissioner Philpott wished to impress upon the Commission and staffthat the City's regulations and actions should be such that businesses are encouraged to locate here particularly in these economic times. Commissioner Nutter noted that the Nonmotorized Committee is continuing to meet. ''Back bone routes" have been identified for nonmotorized travel through the City. She is impressed with the make up of the Committee members and members' willingness to serve in this capacity as well as with their general knowledge. It is an excellent committee and they are moving steadily forward toward a recommendation to the City Council. ADJOURNMENT The meeting adjourned at 9:40 p.m. ~ !2d::cL~ PREPARED BY: S. Roberds . .. . . ,.. '. ,. ......'":'.....::.:.'.:::/NAME:..":'./:.~}.',> '3.r4 {J-ep,-J ~AAdA 7(b/J/~ (j PLEASE SIGN IN CITY OF PORT ANGELES Planning Com""i~ion Attendance Roster Meeting n3te:Jf).., #J.ej /~ J99~ ...". ':d,.". .'."::. ".\'.:: "::-.,..,::,::..::AnDRESS:.H..~': '". li f6 ':J J3 LLti' M-l-, }Self r! fj J +ts- Eillio -rrt..CrL Mi~