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HomeMy WebLinkAboutMinutes 12/13/1989 AGENDA '. paRT ANGlSLES PLANNING CClMMISSION 381 E..ti Flftih Bt;r.eti Part: Angel... W..hlngtian BB3SS DECEMBER 13, 1989 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meetings November 8, and 14, 1989 IV. PUBLIC HEARINGS: .' 1. EXTENSION OF CONDITIONAL USE PERMIT - CUP 88(09)18 HO - GERMAN, 3131 Regent Street: Request for extension of a con- ditional use permit to allow the continuation of a day care as a Home Occupation, located in the RS-7, Single-Family Residential District. 2. REZONE REQUEST - REZ 89(07)5 - DEL HUR, INC., Del Guzzi Dr.: Request for rezone of approximately 36 acres of property from RS-9, Single-Family Residential, to RMF, Residential Multi-Family, located south of Highway 101 East on Del Guzzi Drive. (The De- partment is requesting continuation of this request). 3. SHORELINE MANAGEMENT PERMIT - SMA 89(11)10 - K-PLY, 439 Marine Dr.: Request for a shoreline permit to allow relocation of an existing log dump for continued use and improved to be used as a retrieval system. 4. REQUEST TO CIRCULATE AN ANNEXATION PETITION - ANX 89(12)3 - GLAUBERT/AUSTIN, East of Fairmont Avenue: Request to circulate an annexation petition for annexation of approximately 2.5 acres located west of the City limits. 5. CONDITIONAL USE PERMIT REQUEST - CUP 89(12)23 - 1ST PRESBY- TERIAN CHURCH, 139 West Eighth Street: Request to expand an existing church facility in the CSD-Cl, Community Shopping Dis- trict. 6. REZONE REQUEST - REZ 89(12)9 - CITY OF PORT ANGELES - Oak/Railroad Streets: Proposal to rezone property located west of Oak Street between Oak/Cherry Streets, north of Front Street, from M-2, Heavy Industrial, to CBD, Central Business District. . 7. SHORELINE MANAGEMENT PERMIT - SMA 89(l2)10~- PORT OF PORT ANGELES, West of Railroad/Oak Streets, north of Front Street: Request for a shoreline permit to allow a ferry terminal to be located on property located west of Oak Street, between Oak/Cherry Streets, north of Front Street. v. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS VI. . . . AGENDA Planning Commission December 13, 1989 Page 2 of 2 VII. REPORTS OF BOARD MEMBERS VIII. ADJOURNMENT MERRY CHRISTMAS Ill! The Pl~nn~ng Comm~~~~on w~ll not commence a new hea~~ng beyond 10 P.M. Any ~tem not ~ta4ted p~~o~ to that t~me w~ll automat~eally be con- t~nued to the J~nua~y 10, 1990, meet~ng on the Comm~44~on. . . . PLANNING COMMISSION Port Angeles, washington December 13, 1989 I CALL TO ORDER Chairman Cornell called the meeting to order at 7: 00 P.M. Chairman Cornell introduced Ray Gruver as a newly appointed member of the Planning Commission. Mr. Collins introduced Grant Beck, the new Associate Planner, to the Planning Commission. II ROLL CALL Members Present: Jerry Cornell, Donna Davison-Ness, Jerry Glass, Ray Gruver, Jim Hulett, Larry Leonard, Bob Philpott. Members Absent: None. staff Present: Brad Collins, Grant Beck, Bruce Becker. III APPROVAL OF MINUTES Mr. Leonard moved to approve the minutes of the November 8th and November 14th Planning Commission meetings, as presented. Mr. Glass seconded the motion, which passed 6 - O. Mr. Gruver abstained, as he was not at that time on the Commission. IV PUBLIC HEARINGS REZONE REQUEST - REZ-89(07)5 - DEL HUR, INC. - Request for rezone of approximately 36 acres of property from RS-9, Single-Family Residential, to RMF / Residential MUlti-Family, located south of Highway 101 East on DelGuzzi Drive. Director Collins stated that as of this date, State Environmental Policy Act requirements have not been completed and therefore the Department and applicant are requesting a continuance of this matter to the Planning Commission's regular meeting of January 10, 1990, at 7:00 P.M. in the city Council Chambers. Mr. Leonard moved to continue this rezone to the Planning commission meeting of January 10, 1990, at 7:00 P.M. in the City Council Chambers. Mr. Philpott seconded the motion, which carried unanimously. PLANNING COMMISSION December 13, 1989 Page 5 . SHORELINE MANAGEMENT HEARING - SMA-89(12)105 - PORT OF PORT ANGELES - Request for a shoreline permit to allow a ferry terminal to be located on property located west of Oak Street, between Oak/Cherry streets, north .of Front street. Director Collins stated that the Port of Port Angeles has withdrawn this permit application. Mr. Hulett moved to accept withdrawal of Shoreline Management Permit SMA-89 (12) I05 for the Port of Port Angeles. Ms. Davison seconded the motion, which carried unanimously. REZONE REQUEST - REZ-S9(12)9 - CITY OF PORT ANGELES - Proposal to rezone property located west of Oak Street between Oak/Cherry Streets, north of Front Street, from M-2, Heavy Industrial, to CBD, Central Business District. Location: North of Front Street, between Oak and Cherry streets. . Chairman Cornell stated that the Planning commission had received several letters from the Port commission and the Economic Development Council relating to this rezone proposal, requesting the Planning Commission not take action on the rezone at this time. Chairman Cornell brought the matter up at this point in the agenda in order to determine what action the Planning Commission would like to take. Director Collins reviewed the December 13, 1989, memo which outlined gave the various options the Planning Commission could take regarding this rezone proposal. Mr. Glass stated he had written a personal letter to the Dailv News regarding the Oak street proposal, which at this time presented an appearance of fairness problem. The City Attorney had recommended that he step down from the Planning commission for this matter. Mr. Glass left the meeting. Chairman Cornell stated he was a member of the Downtown Association Board prior to the time this proposal came before the Planning Commission; however, he has resigned from the Board so there will be no appearance of fairness problem. . Director Collins stated that Mr. Philpott, Mr. Gruver, and Mr. Leonard also belong to other associations which could present an appearance of fairness problem if those groups had taken action on the proposal prior to action by the Planning Commission. The City Attorney stated as long as an association of which a Planning commission is a member has not taken action to approve or deny a proposal, there is no appearance of fairness problem. PLANNING COMMISSION December 13, 19B9 Page 3 . action to approve or deny a proposal, there ~s no appearance of fairness problem. Letters from the Economic Development Council recommending a committee be formed, composed of various parties interested in the Oak Street property in order to review the property in relation to adj acent land uses and land use needs in Port Angeles and to come to a consensus as to the best use of the property were read into the record. Judith st. Claire, Executive Director of the Economic Development Council, outlined the committee format, its membership, and timing. She stated the committee should be chosen by Christmas with its first meeting in January. A decision should be reached in 30 to 60 days. . There was lengthy discussion by the Planning Commission regarding whether to take action on the rezone proposal at this time, or to wait for the Economic Development Council's committee to make a recommendation to the Planning commission. There was discussion regarding whether the City council should make the decision to wait for the committee's recommendation, what form the recommendation would come in, and some discussion as to the options available in the current zoning of the property. Ms. Davison moved that following ,- pubilc ""input tlie- proposal be continued to January 24, 1990, at 7:00 P.M. in the City Council Chambers, pending further input from the Economic Development Council's committee. Mr. Gruver seconded the motion, which passed 5 - 1, with Mr. Leonard voting ftNaylt. Mr. Glass rejoined the Planning Commission at this time. CONDITIONAL USE HEARING - CUP-B8 (09) 18 HO - GERMAN - Request for extension of a Conditional Use Permit to allow the continuation of a day care as a Home Occupation, located in the RS-7, Single-Family Residential District. Location: 3131 Regent street. Mr. Leonard requested time to review the material presented to the Commission immediately prior to the meeting. . Chairman Cornell reviewed the application. Director Collins reviewed the staff report. Director Collins reviewed the letters which were distributed to the Planning Commission prior to the meeting and indicated that staff had visited the site within the past two weeks. Chairman Cornell opened the public hearing. PLANNING COMMISSION December 13, 1989 Page 4 . Roger German, 3131 Regent Street, the applicant, was present. He requested extension of the permit with the same conditions that the City Council placed on the Conditional Use Permit last year. He further stated that the Department of Public Works had no comments during review of the application regarding the roadway width serving the facility. The Planning Commission questioned Mr. German regarding the width of the access road; the possibility of entering into a road maintenance agreement with the neighbors; the width of the easement the road is located on: the amount of traffic generated by the day care facility; the lack of fencing in the play area; and the number of children enrolled in the day care. . Mr. German stated he was licensed for up to ten children, although there are usually six at the facility. Mr. German stated the Fire Department had no problems with the road for fire access and it would be very expensive to upgrade the road at this time. He further stated that Washington state does not require fencing of the play area because the facility is located at the end of a dead-end street with little traffic. Although Mr. Abbott's letter of December 13, 1989, quotes an average daily traffic count of 20 trips per day, Mr. German does not believe this is just the day care facility's traffic. Fire Marshal Becker stated the Fire Department does not have a problem with the existing road for fire access, but having a 20-foot surface would be ideal. Harold Abbott, 3231 Regent Street, expressed concern that the information provided to the Planning Commission by Mr. German conflicts with information in Mr. Abbott's letters. The Planning Commission had questions of Mr. Abbott regarding the number of times children have been picked up before 6:30 A.M. and whether Mr. Abbott would be interested in being party to a road maintenance agreement with Mr. German. Mr. Abbott stated he would be interested in a road maintenance agreement if the Conditional Use Permit is extended; however, he felt the City should take over the road. Karen Ross, 536 Black Diamond'Road, 'stated she comes to the day care at 6:30 A.M. and no one else has ever been there that early in the morning. . The Planning commission questioned Ms. Ross as to the number of trips per day she generates to the day care facility. Ms. Ross stated she visits the facility between two and four times per day. . PLANNING COMMISSION December 13, 1989 Page 5 Ruth Abbott, 3231 Regent Street, stated she likes the Germans as neighbors, but the day care facility should not be located on a private street. Chairman Cornell closed the public hearing and questioned Director Collins about the source of the two new conditions. Director Collins stated the Planning Department, in trying to mitigate complaints received from neighbors of Mr. German, considered these two conditions to further mitigate impacts felt by the neighborhood from the home enterprise. The City standard for private roads is a 20-foot driving surface. Staff did not consider that the easement width may prohibit the upgrade of the road, but Condition No. 7 does address this possibility. He stated the City has experienced a tragedy due to an unfenced play area at a day care facility, which should not be repeated. Following discussion, Mr. Leonard moved to recommend approval of the Conditional Use Permit for an additional one-year period, subject to the following conditions: 1. The proposed "family day care centeru shall conform to the development standards as set forth in the Home Occupation Chapter of the Zoning Ordinance (Section 17.86.040) . . 2. This Conditional Use Permit allows the applicant to operate a "family day care" center with the number of children not to exceed State guidelines. Hours of operation will be from 6 AM to 6 PM, Monday through Friday. All indoor and outdoor play areas shall meet all State Department of Health requirements for a "family day care center". 3. State and local fire codes shall be complied with, including smoke alarm, fire extinguishers, and approved fire exits. The premises shall be inspected yearly by the Fire Department and shall comply with UFC requirements. . 4. If, in the future, the City or other appropriate regulatory agency finds that the "family day care center", as approved at this site, requires greater on- site parking facilities, the applicant shall provide such on-site parking, subject to the City I s Planning and Public Works Departments' approvals. If substantive complaints regarding this "family day care centerll are received, the authorized hours of operation may be reduced and/or other control measures required, as determined by the Planning Commission. 5. . . . PLANNING COMMISSION December 13, 1989 Page 6 6. Fencing be placed around the children's play area to ensure a protected play area and separation from traffic using the easement and driveway to the residence; and cited the following findings: Findinqs: 1. complaints have been received concerning the day care use; 2. There is an increase in traffic from the Home Occupation; 3 . The width of the existing roadway is 10 feet and requires continual maintenance; 4. The children's play area is not protected from vehicular traffic; 5. Home occupations shall not be injurious or detrimental to adjoining or abutting properties: shall not endanger the public health, safety, morals, and welfare; shall be in the public interest: and shall not significantly increase local vehicular or pedestrian traffic: 6. The City's Comprehensive Plan states that a goal of the City will be to propose itA community of viable neighborhoods and a variety of opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests.": and citing the following conclusions: Conclusions: A. The day care is operating with on-going public complaints: B. A day care activity can be approved with conditions to provide adequate access and protection of the children's play area: C. The use is consistent with the Home Occupations Chapter of' ~ the' -City's ., Zoning" Ordinance (Article IV, Section 17.86, Ordinance 1709, as amended), as well as goals of the City's Comprehensive Plan. Mr. Gruver seconded the motion. There was discussion about Condition 7, which required roadway improvements for the day care. The motion carried 6 - 0, with Ms. Davison abstaining with the explanation that she is not PLANNING COMMISSION December 13, 1989 Page 7 . opposed to the day care facility, but she is not comfortable with the existing road and the traffic and felt it was an undue impact to the neighborhood, which does not meet the criteria for home occupations. The Commission took a five-minute recess at approximately 8: 45 P.M. Ms. Davison left the meeting. SHORELINE MANAGEMENT HEARING - SMA-89 (II) 104 - K-PLY: Request for a Shoreline Substantial Development Permit to allow relocation of an existing log dump for continued use and improved to be used as a retrieval system. Location: 439 Marine Drive. Director Collins reviewed the Department Report. Cornell opened the public hearing. Chairman Paul Lauch, 208 South Cherry Street, a K-Ply employee, stated the existing log dump will remain in place as a back-up to the new non-violent log dump and retrieval system. . Mr. Philpott requested Mr. Lauch address the Department of Public Works comment regarding water and debris on Marine Drive from the log storage yard. Mr. Lauch stated this is part of the process of the sawmill and it has no relationship to the pending project. At the request of the Planning Commission, Mr. Lauch explained the non-violent log dump and retrieval system. chairman Cornell closed the public hearing. The Commission discussed the application, including the new request by K-Ply to leave the existing log dump in place. Director Collins stated the change would not revise staff's analysis of the proposal, but the Planning Commission should look at this issue. Mr. Philpott moved to approve the Shoreline Substantial Development Permit citing the following findings and conclusions: Findinqs: 1. The Urban Environment designation is defined as an area of high intensity land use, including industrial development; . . . . PLANNING COMMISSION December 13, 1989 Page 8 2. The area is currently occupied as a water-dependent industrial use, and the proposal increases the level of activity, also as a water-dependent industrial use; 3. The property is zoned Heavy Industrial (M-2) which allows the manufacturing of wood products and accessory uses as a permitted use; 4. Notice of public hearing, as required by the Shoreline Management Act and Port Angeles Municipal Code has been provided; 5. The City of Port Angeles SEPA Responsible Official has issued the proposal a Determination of Non-Significance; Conclusions: A. The proposal is consistent with the policies and regulations of the Port Angeles Shoreline Master Program; specifically, the proposal has been reviewed for consistency with the following sections of the Urban Environment: A, C.1, C.4, D.l-a, E.11.b, F.8.a, and F.8.f; B. The proposal is consistent with the Port Angeles Comprehensive Plan and Zoning Code; C. The City's responsibilities pursuant to the state Environmental Policy Act, Chapter 43.21C RCW, have been fulfilled; with the understanding that the new system will be the primary system used. Mr. Glass seconded the motion, which carried unanimously. REQUEST TO CIRCULATE AN ANNEXATION PETITION - ANX-89 (12) 3 - GLAUBERTjAUSTIN: Request to circulate an annexation petition for annexation of approximately 2.5 acres located west of the City limits. Location: East of Fairmount Avenue. Chairman Cornell summarized the proposal and asked if the applicant was represented in the audience. As there was no one in the room representing the applicant, Mr. Hulett moved to continue the item to the January 10, 1990, meeting of the Planning Commission at 7:00 P.M. in the City Council Chambers. Mr. Glass seconded the motion, which carried unanimously. PLANNING COMMISSION December 13, 1989 Page 9 . CONDITIONAL USE HEARING CUP-89 (12) 23 PRESBYTERIAN CHURCH: Request to expand an church facility in the CSD-C1, Community District. Location: 139 West Eighth street. FIRST existing Shopping Director Collins reviewed the Department Report. Mr. Leonard stated he is a member of the First Presbyterian Church and would not be taking action on this permit application and stepped down from the Planning Commission on this matter, due to an appearance of fairness problem. The Planning Commission discussed the floor plans of the First Presbyterian Church addition and carne to a consensus that although the rooms were labeled to indicate ilK through 12" classrooms, there was no indication that it would be used other than for Sunday school, which is permi tted as a conditional use in the CSD-C1 and RMF Zones. Chairman Cornell opened the public hearing. . Rosalie Doty, 309 Ridgeview Drive, was present, representing the applicant. Ms. Doty stated labeling the rooms was to determine space considerations for each classroom. A condition limiting the use of the facility to Sunday would make it difficult to have other Church-related activities in the facility, including revivals and community groups. Craig Miller, P. O. Box 550, Port Angeles, represented the applicant and stated he understands the Planning Department's concerns, but it is a common problem for permitted uses to be very similar to prohibited uses in various zoning districts and therefore, this does not need to be addressed by the Planning Commission at this time. Mr. Miller expressed concern with Finding No. 1 and Conclusions 1, 2, 4, and 5. Chairman Cornell closed the public hearing. Following discussion, Mr. Glass moved to approve the Conditional Use Permit, citing the following findings and conclusions: Findings: 1. Churches and Sunday schools are allowed as a conditional use in the CSD-C1 and RMF zoning districts; 2. The subject site is zoned CSD-C1 (Lots 11-14) and RMF (Lots 7-8) ~ . . . . PLANNING COMMISSION December 13, 1989 Page 10 3. The proposed design for the new addition does not meet the bulk requirements of the CSD-C1 District for maximum building height and of the RMF District for maximum lot coverage; 4. Classrooms are proposed for sunday schook, pre-school, kindergarten, elementary, middle, and high school classes; 5. A Church official has stated that the intended purpose of the 7,266 square-foot addition is only for Sunday school uses and not for a day school (i.e., K-12 school); Conclusions: 1. Churches and Sunday school activities are recognized as compatible uses in the CSD-C1 and RMF zoning districts. Mr. Hulett seconded the motion, which carried unanimously. Mr. Leonard rejoined the Planning commission. REZONE REQUEST - REZ-89(12)9 - CITY OF PORT ANGELES - Proposal to rezone property located west of Oak Street between Oak/Cherry Streets, north of Front Street, from M-2, Heavy Industrial, to CBD, Central Business District. Location: North of Front Street, between Oak and Cherry Streets. Due to an appearance of fairness problem previously stated, Mr. Glass stepped down from the Planning Commission on this matter. Chairman Cornell opened the public hearing. Carl Alexander, 1712 West Fifth Street, asked to speak at a later date on this matter and if the amendment was proposed by the City of Port Angeles. Chairman Cornell stated that at the November 14, 1989, meeting, the Planning Commission requested staff and the City Council review the zoning of this property. Mr. '"Alexander cited severalurea-sons "the Planning commission should deny the rezone proposal: the fact that the Port of Port Angeles has the least amount of industrial land in the state on the waterfront; that the east half of the property is used as a commercial parking lot which buffers the historical Downtown area; that the site is inside the Inner Harbor Line, which would not allow commercial development that is not water-dependent; and that several years of planning has . . . PLANNING COMMISSION December 13, 1989 Page 11 gone into the Harbor Resource Management Plan, which will not be furthered by approval of the rezone request. The Planning Commission clarified that Mr. Alexander's last item refers to the Port of Port Angeles Comprehensive Plan and not the Harbor Resource Management Plan. Jim Heckman, 709 South Ennis Street, stated all conclusions point to the fact that the Downtown needs a major attraction in order to bring shoppers to the area. Randy Hansen, 672 Reservoir Road, stated the Port of Port Angeles Comprehensive Plan identifies the site as heavy industrial and has, since 1987. He further stated that every jurisdiction has to follow state laws and stated the Port's attorney has prepared a brief quoting several State laws and the state Constitution which indicate that the proposed rezone would not be legal. The hearing was continued to January 24, 1990, at 7:00 P.M., City Council Chambers. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS Director Collins reported the city Council took action to deny the Bourget Conditional Use Permit application for four duplexes in a single-family zone. Director Collins also requested the Planning commission decide whether to hold a meeting on December 27th. Following discussion, Chairman Cornell appointed a long-range sub-committee to look at housekeeping changes to the zoning Code and report to the Planning Commission on January 10, 1990. Mr. Gruver, Mr. Leonard, and Chairman Cornell were appointed to the sub-committee and will meet January 4, 1990, at 3 P.M. at City Hall. It was agreed to forego the December 27, 1989, meeting of the Planning Commission. VII REPORTS OF COMMISSIONS Mr. Leonard requested staff prepare an outline of the process to move a Harbor Line to be sent to the Planning Commission prior to January 24, 1990. . . . PLANNING COMMISSION December 13, 1989 Page 12 VIII ADJOURNMENT The meeting adjourned at 10:29 P.M. PLAN. 253 .. ~ ins, Secretary . /.: {/ . . 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