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HomeMy WebLinkAboutMinutes 04/09/2014 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 9, 2014 6:00 p.m. ROLL CALL Members Present: David Miller, Tim Boyle, Duane Morris, Scott Headrick, George Reimlinger Members Absent/Excused: Thomas Davis, one vacancy Staff Present: Sue Roberds, Scott Johns, Nathan West, Heidi Greenwood Public Present: Craig Phillips PLEDGE OF ALLEGIANCE Chair Headrick opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Miller moved to approve the regular meeting minutes of March 23, 2014. The motion was seconded by Commissioner Morris and passed 3 — 0 with Commissioner Reimlinger abstaining due to absence at the meeting. PUBLIC HEARING: REZONE APPLICATION—REZ 14-01 —PHILLIPS ETAL East side of Race Street between 4"' and 5t" Streets: A request to rezone approximately 1.36 acres from RS-7 Residential Single Family to CO, Commercial Office. Associate Planner Scott Johns reviewed the Department Report recommending approval of the rezone as proposed. Mr. Johns answered questions from Commissioners regarding existing uses and potential uses and how available on site parking would affect future uses. Any use proposed on the site would need to be in compliance with the City's parking requirements. Chair Headrick opened the public hearing Craig Phillips, 17009 North Highland Lane, Colbert, Washington 98005 is the applicant and was present for questions. In response to a question as to the intended use of the structure, Mr. Phillips indicated that he plans to serve Medicaid recipients in a similar manner to previous uses on the site. He is planning a small residential care program. He does not plan to demolish the existing structure but will remodel the interior. Planning Commission minutes April 9,2014 Page 2 There being no further comments, Chair Headrick closed the public hearing. Following brief discussion, Commissioner Reimlinger moved to recommend approval of the rezone citing the findings and conclusions identified in the staff report as follows: Findings Based on the information provided in the Community Development Staff Report for REZ 14- 01 dated April 9, 2014, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. An application for rezone of 3 parcels from RS-7 Residential Single Family to CO Commercial Office was received by the City of Port Angeles Department of Community & Economic Development on March 12, 2014, from Craig Phillips. Mr. Phillips (owner of 825 5"' St.) is joined in the rezone request by Ron Nevaril (owner of 410 Race St.) and Bowport Estates, Inc. (834 4t" St.). The application was deemed to be complete on March 12, 2014. 2. Land use in the area is a mix of low and high density residential uses: high density apartments to the west of the subject parcels and single-family residential on, south, and east of the site. Commercial uses and two churches are located in the neighborhood along the Race Street corridor as well as Erickson Park and Civic Field. 3. The subject site is located in the Peabody Creek Neighborhood which is found in the City's North Central Planning Area on the City's Comprehensive Plan Land Use Map. 4. The City's entire Comprehensive Plan and Land Use Map were reviewed with respect to the proposal. The following elements, goals, and policies were found to be most relevant to the proposal: Land Use Element Policies, Goal A, Policy No. 1, 2; Goal A, Objective No. 1; Goal B; Goal C, Policy No. 1; Goal D, Policy No. 1; Goal E, Policy No. 2; Transportation Element, Goal A, Policy No. 3; Goal B, Policy No. 14. These references are attached as Attachment B to the April 9, 2014 staff report. 5. The City's Comprehensive Plan provides an expected framework for land use decisions within the City. The zoning of any property must be consistent with the Comprehensive Plan Land Use Map that illustrates where certain classifications of uses may occur within the City. 6. In accordance with Section 17.03.020 of the Port Angeles Municipal Code, changes to the City's Zoning Map must be in the public interest and must be consistent with the Comprehensive Plan and Land Use Map 7. The subject properties are identified on the City of Port Angeles Comprehensive Plan Land Use Map as being located mostly in the Commercial designation with the western portion of the 825 E. 5th parcel located in an imprecise margin between Commercial (C) and Medium Density Residential (MDR) designations. An imprecise margin allows flexibility in specific site boundaries. 8. A rezone of 14 parcels to Commercial Office (CO') along the Race Street corridor between 4th and 7th Streets (REZ 07-01) was approved on September 4, 2007, and Planning Commission Minutes April 9,aV4 Page codified 6YOrdinance 3296. This rezone was approved following ccdeaigoati000fthe Race Street area oothe Cih/`a Comprehensive Plan Land Use Mop in 2006. The 2007 rezone began m rezone n[the Race Street corridor between 4 m and 7"' Streets subject to the Comprehensive Plan Land Use Map designation to Commercial ()ffioc (CO), 100 feet deep each side of Race Street. The mn6iec1 parcels were not included iu the earlier rezone action duo to the inability to contact propel ovvucra n1 that time. Those three remaining property owners have now requested o similar rezone to Cnnzo\croio] ()fficc. V. The ao}�je:t rezone area iS comprised Of3 property ownerships, lvvoovvuezahipaoreiu u}iguuzendvvith other uouznzeroia] development boundaries along Race Street being 100 feet in depth from Race Street. One property contains u structure /X25 East 5/h Street) that spans 6 full City lots. The structure was built in the 1950`a in nonconformity to the underlying zone and operated usonursing home for that entire period o[time. Designation of the building site aS one zone will avoid conflicts with building standards and/or uses iu future uuew[theprnpedy. }A. Spot zoning is an arbitrary and unreasonable zoning action by which an area is specially zoned for ouse classification totally different from and inconsistent with the clamaifioo1i0u of the surrounding land and not in accordance with 000myzchcomive plan. The reasons for invalidating a rezone as an illegal spot zone usually include one or more of the following: /l\ the rezone primarily serves upziva1z interest, /2\the rezone is inconsistent with a comprehensive plan or the surrounding territory, or(3) the rezone constitutes uu arbitrary and capricious action. {l. The CO zone is the City's least intensive commercial zone and is intended to function as ' a transition area between residential and more io1ouae uorocuurcia\ activities or impacts. Uses permitted in the CO zone include financial service offices, real estate service offices, pezaouo[ service facilities, bnsiucao and professional offioea, child care ccuiore, znedicu|/jeo]o{ clinics and offices and laboratories, and detached single family residences that meet the area and dicocuaioou} coguirccueo10 of the RS-7 zone. 12. Race Street is designated uo part ofthe City's alternate crosstown traffic route. Adopted policies suggest that increased traffic congestion that impairs transportation mobility along this route will not beencouraged. The crosstown route was created torelieve pressure nn the principal micziu} /S{l l0}\ and the minor arterial (Marine Drive) nozcidnzS particularly through the Downtown area. Access to noua along the crosstown route will bc reviewed{o avoid negative impacts io the route that will not impede traffic flow. 13. Commercial Office uses generally generate loaa traffic than more intensive 000zmcroie] uses and therefore should have relatively little impact to traffic flow ouRace Street. 14. Notice n[the rezone application was placed in the Peninsula l)o//"2Yevvx on March 18, 2014. Surrounding property owners were nolifiod by mail and the site was posted ou March 14' 2014. No written public comment was received by the end o[the written public comment period that ended on April l` 2014. 15. The City's SEP/\ Responsible Official issued a Determination of Non-Sigoifioununoo April 7, 2014. This mutia[iea the City's SBPAzeopouyibilitiea. The action is u non project action. Future development will require individual review dependent ou the proposed / Planning Commission Alinutes April 9,2014 Page 4 16. The proposal is a site specific rezone per R.C.W. 36.70B Local Project Review ("The Regulatory Reform Act"), codified in Port Angeles Municipal Code (PAMC) as Section 18.02.070. The application is limited to one "open record"public hearing and one closed record decision. A public hearing will be conducted by the Planning Commission. All testimony and documents considered at the public hearing will be transmitted to the City Council along with the action recommended by the Planning Commission. The City Council will consider the record of the Planning Commission at a public meeting and will then decide whether to grant the requested rezone. Appeals must be based solely on the information contained in the official file and shall be filed with Superior Court. Conclusions: Based on the information provided in the Department of Community Development Staff Report for REZ 14-01 dated April 9, 2014, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As proposed, the rezone is in compliance with the City's Comprehensive Plan and Land Use Map. 2. The rezone provides a low intensive commercial transition area between residential land uses and an established traffic corridor, and continues the established urban design of the area as is identified on the City's Comprehensive Plan Land Use Map. 3. The proposed rezone is compatible with surrounding zones and land uses and provides a logical transition between zones. 4. The rezone is not a spot zone as it does not meet the criteria for a spot zone The motion was seconded by Commissioner Boyle and passed 5—0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planning Manager Roberds noted that a public hearing will be conducted on April 23 in consideration of a new mixed use overlay zone. Associate Planner Johns indicated that he continues to work with the Department of Ecology staff on the shoreline master program update. He is hopeful that revisions to the draft document will be complete by June. REPORTS OF COMMISSION MEMBERS Commissioner Miller noted that he would not be in attendance for the April 23 meeting, Planning Commission Minutes January 22,2014 Page 5 ADJOURNMENT The meeting adjourned at 7:00 p.m. Z, Sue Roberds, Se retary ,oAIc-o,tt H rick, Chair PREPARED BY: S. Roberds