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Minutes 01/12/1994 , I. ll. m. . IV. 1. V. . VI. AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 Special Meeting January 12, 1994 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: Meetings of December 8, and 15, 1993 PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 94(01)01 - RICHMOND. 734 East First Street: A conditional use permit to allow expansion of a building which currently houses a vehicle body and paint shop located in the Arterial Commercial (ACD) District. 2. STREET VACATION REQUEST - STV 93(12)07 - REGISTER. "L" Street between 15/16 alley and 16th Street. 3. CONDITIONAL USE PERMIT - CUP 94(01)02 . UMBRELLA COMl\RJNITY SERVICES. 531 East Fifth Street: Request for a permit to allow a group home to be located in the RS- 7, Residential Single- Famil y District. 4. ZONING CODE AMENDMENT - ZCA 93(11)04 - CITY OF PORT ANGELES. City wide: Minor amendments to development regulations of the City's Municipal Code to clarify provisions and make minor changes which are considered housekeeping in nature. COMMUNICATIONS FROM mE PUBLIC STAFF REPORTS VIT. REPORTS OF THE COMMISSION Planning Commission: Bob Winters, Chair; Cindy Souders, Vice Chair; Roger Catts; Bob Philpott; Orville Campbell; Carl Alexander and Linda Nutter. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; John Jimerson, Associate Planner. . MINUTES PLANNING COMMISSION Port Angeles~ Washington 98362 January U, 1994 7:00 P.M. I. CALL TO ORDER Chair Winters called the meeting to order at 7:00 P.M. II. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Bob Philpott, Orville Campbell, Carl Alexander, Roger Catts and Bob Winters. Members Absent: None. Staff Present: John Jimerson, Brad Collins, Ken Ridout and Bruce Becker. . Public: Don Clayton, Curt Register,. Jack Andis, Mike Stenger, Jim Register, Lori Cates, Kendra Waggoner, David Waggoner, Carl Richmond, Donna Richmond, Terry LaDuran, David Logan, Paul Collins, Win Slota, Valerie Jester, Bill Rinehart, Cate Rinehart, Dave Milligan, Warner Balch, Sheri Balch, Denise Heassler, Laurey Hansen-Carl, Miriam Krause, Dr. Phillip Lavek. m. APPROVAL OF MINUTES Commissioner Philpott moved to approve the minutes of December 8, 1993, with the following additions: On Page 4, for the zoning code amendment proposed by Tim German, add the following after the public hearing was closed: . Brad Collins clarified the recommendation and options of the Planning Commission. Commissioner Alexander stated the PRD has historically been primarily for multi-family projects. The 30% open space requirement allows for flexibility in other standards. Commissioner Nutter expressed concern with tinkering with the ordinance, perhaps a comprehensive review would be better. She wasn't sure it's better to have common usable open space instead of private yard open space. Commissioner Catts stated the requirement for common usable open space does not preclude the opportunity for private yards. The 30% open space standard should be applied to multi-family developments, but that allowing open space in the exterior setbacks be counted to meet requirements is acceptable for single family PRD's. The Planning Commission discussed whether a more Planning Commission Minutes January ] 2, ] 994 Page 2 . comprehensive review of the PRD should occur, as opposed to making piecemeal changes. It was the consensus that a more comprehensive review would be appropriate, but that they should take an action on the proposal at this time, rather than continuing it indefinitely. On page 5, after the second of the motion by Commissioner Catts, prior to the comment from Commissioner Nutter, add the following: Commissioner Alexander spoke to his motion. He believes that to eliminate the 30 % open space requirement would alter the intent of the PRD ordinance beyond what is reasonable. Allowing buffer open space to be counted toward meeting the common usable open space requirement is acceptable, but only for single family PRD's, as they don't have the same high densities as multi-family PRD's. To allow setback lines instead of specific building footprints would in effect do away with the site specific approval of the PRD, which would not be consistent with the intent of the PRD. Tbe motion was seconded by Commissioner Nutter and passed 5-0, with Commissioners Souders and Campbell abstaining. Commissioner Souders moved to approve the minutes of December 15, 1994, as submitted. The motion was seconded by Commissioner Campbell and passed 5-0, with Commissioners Catts and Philpott abstaining. . IV. PUBLIC HEARINGS Chairman Winters announced that the third scheduled public hearing for the evening for Umbrella Services will be continued to correct a public notice posting error. He indicated there would still be a public hearing tonight, but there will also he an opportunity for testimony on the date to which the item is continued. Commissioner Souders moved to continue the public hearing to January 26, 1994, at 7:00 P.M. in the Council Chambers. The motion was seconded by Commissioner Campbell and passed 7-0. CONDITIONAL USE PERMIT - CUP 94(01)01 - RICHMOND. 507 East First Street: A conditional use permit to allow expansion of a building which currently houses a vehicle body and paint shop located in the Arterial Commercial District (ACD). John Jimerson reviewed the Department Report. Brad Collins indicated the staff recommendation for approving the C.D.P. included either option proposed by the applicant. Chairman Winters opened the public hearing. . Carl Richmond, 507 E. First Street, said the project will better contain particulates from escaping the facility than what currently exists. He is not required to make the improvements, but as a resident, believes it is important to protect the air quality. Olympic Air Pollution Control Authority (OAPCA) is likely to require this type of facility in the next two to three years. In response to a question from the Commission, Planning Commission Minutes January 12. 1994 Page 3 . the odors are likely to be the same after the project, but will be better filtered. He submitted two letters from persons that live or work near the site who have indicated they have never smelled any odors. Miriam Krause, 511 E. First Street, owner of The Spa, explained she had been poisoned from boric acid in the past. She is concerned the applicant has not stated what emissions will occur. He should have submitted an application to OAPCA prior to applying for the C.D.P. Her building is not just commercial, there has been a hostel located on the second floor, therefore it is a residential building. She has invested $615,000 in buying the building, the applicant is just a renter. Either the auto body and paint shop or The Spa will have to leave, and it isn't going to be The Spa. She has been at this location for 2 months and has never seen, heard or smelled any evidence that work was occurring at the garage. She does not believe any cars are being repaired. The paint booth will intensify the use of the facility out of necessity, as it's $45,000 price tag will have to be paid for. Dr. Phillip Leveque, Moalla, Oregon, explained his qualifications as a toxicologist. Ms. Krause was a patient of his eight years ago and he would be testifying on her behalf. He stated that paint vapors can be very dangerous, citing a case in Oregon where the painters at Freightliners Trucking did not wear masks while painting. As a result, 30 painters suffered organic brain damage. The proposed booth does not trap paint fumes. He noted that paints are also explosive. . Carl Richmond, in rebuttal, stated he has been working on the site, citing the fact that he generated $10,500 in sales tax revenue last year, and deposited $16,000 in the bank for Decembef. He estimates he has used the paint booth about half of the last sixty days. He stated the booth will cost a total of $10,000. In response to questions, he stated the booth is not likely to increase the amount of painting, although he would like to hire two Of 3 employees in the future. The previous operator of the business had two or three employees in this building. Most of his work is related to body work. He completed only four or five paint jobs all of last year. The majority of his work is spot repair. The auto body and paint shop has been continually used, there was no stoppage of work when he replaced the previous operator. The paint booth will not necessarily increase the number of cars painted, however, he could increase the number of cars painted, with or without the booth, there is plenty of room in the building. Thefe being no further public testimony, Chairman Winters closed the public hearing. Brad Collins stated that staff s understanding of the application is the same as that stated by the Planning Commission Chairman. If the C. U.P. for the building expansion is not approved, then the existing use may continue as is. On January 10, 1994, Ms. Krause filed an appeal to the SEPA determination, therefore", the Planning Commission should continue this public hearing pending completion of the SEP A appeal review, which can be scheduled for the February 9th meeting. . Commissioner Souders moved to re-open and continue the public hearing to February 9, 1994. The motion was seconded by Commissioner Alexander and Planning Commission Minutes January 12, 1994 Page 4 . passed 7-0. The Commission took a break at 8:25 p.m. and reconvened at 8:40 p.m. STREET VACATION REOUEST . STV 93(2)07 - REGISTER. "L" Street between 15/16 alley and 16th Street. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Curt Register, 1801 W. 16th Street, stated he would like the street to be vacated. He received a right-of-way use permit to install a fence and landscaping between his and his father's property. He understood that the permit could be revoked and the road installed at any time. He doesn't see any reason to push the street through, it terminates at 16th Street anyway, and 16th Street is only one lane. Most properties in the area are already developed. Undeveloped properties include land owned by the County to the south, Merrill Ring property to the northwest and to the north. He thinks flM" Street is a more appropriate location for a street. The neighborhood consensus is that they don't want a street located there. There are a lot of kids in the area, putting a street in would eliminate a safe play area and create traffic hazards. The only utility that is missing is a street light. . Dave Logan, 1738 W. 14th Street, stated the failure to approve the vacation could open it up for use. There may be problems with the landfill, which may create a faulty foundation for a roadway. He's already gone through an L.l.D. process and does not want to go through another one. "M" Street will better serve north-south traffic. Mike Stenger, 1735 W. 13th Street, stated he owns severa1lots in the vicinity and doesn't want to see "L" Street improved. The right-of-way is steep at points and may require a lot of excavation. Jack Andis, 3435 S. Mt. Angeles Road, representing Merrill and Ring, stated the landfill is not located under the right-of-way, it is confined within their property. They are required to monitor the site for gasses and ground water, the results of which are available at the County Health Department. Merrill Ring owns the half block along 15th Street and would like to develop it. They may also look at the possibility of reclaiming the landfill for development. In either case, vacating ilL" Street could hinder their ability to develop these properties. Therefore, they oppose the vacation. Don Clayton, 1738 W. 15th Street, stated he doesn't want flL" Street developed. He likes the wooded atmosphere the trees provide. Improving the street would allow for teenagers to drive up and down the road. . There being no further testimony, Chairman Winters closed the public hearing. In response to questions, Ken Ridout stated that there are utilities in 16th Street and the . . . Planning Commission Minutes January 12, 1994 Page 5 alley. Water is in all the streets, up to "L", but not beyond. As the area develops, fire hydrants with looped water lines may be needed. The right-of-way would be needed for those looped lines. He has not received any requests to open the street. In order for a home to be developed on the vacated property, a short plat must be completed. He explained what a right-of-way use permit is and provided a history of the street improvements in the area. Several Commissioners stated it is premature to be vacating a street that may be needed to serve the undeveloped land in the area. Commissioner Philpott moved to recommend the City Council deny the street vacation request, citing the following fmdings and conclusions: Findings: 1. The request is to vacate 9,800 square feet of the "L" Street right-of-way located between the 15/16 alley and Sixteenth Street. 2. The property is zoned Residential Single Family (RS-7). 3. The "L" Street right-of-way is part of the Townsite grid pattern and is the only north-south right-of-way located between "K" and "M" Streets. 4. Public Works has commented that the right-of-way should be maintained for future road and utilities. City Light commented the right-of-way should be maintained for electrical facilities. 5. Comprehensive Plan Goal No. I and Circulation Objective No. 1 express the importance of maintaining an adequate circulation system. Land Use Objective No.6 expresses the importance of coordinating decisions with future development in mind. Conclusions: A. Vacation of this portion of "L" Street right-of-way is not in the public use and interest as it would eliminate right-of-way needed for roads and utilities. B. The street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan listed in Finding No.5. Commissioner Souders seconded the motion, which passed 7-0. The Commission took a break at 9:40 P.M. and reconvened at 9:45 P.M. Planning Conunission Minutes January 12, 1994 Page 6 . CONDmONAL USE PERMIT - CUP 94(01)02 - UMBRELLA COMMUNITY SERVICES. 531 East Fifth Street: John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Laurey Hanson-Carl, 2755 Town Road, SeqUlln, stated that since most of the neighbors did not remain for tonight's hearing, she would not make her presentation until the next hearing when they are present. In response to questions, she explained the need for this type of facility, noting there is no such facility in the community at this time. Women have a difficult time finding housing, and too often they return to an abusive situation. This transition housing offers an alternative place to live while they develop thei,r independence. She has not experienced problems with the abusive husband or friend coming to the safehomes and causing problems. First, they typically have a protection order to stay away. Should they show up, they would be subject to arrest and thrown in jail. Second, domestic violence works in isolation. It is a control issue, whereby the abuser isolates the victim by not allowing her to have friends or jobs, keeping her in the home and so on. Once the victim is out in the open and no longer isolated, thus eliminating the abuser's control, he will typically disappear. The reason there is no staff at the house is because they are trying to develop a sense of independence and self reliance among the persons living there. . There being no further testimony, Chairman Winters stated the public hearing has been continued to January 26, 1994. Commissioner Alexander moved to continue the meeting beyond 10:00 P.M. provided they conclude no later than 11:00 P.M. The motion was seconded by Commissioner Nutter and passed 7-0. ZONING CODE AMENDMENT - ZCA 93(11)04 - CITY OF PORT ANGELES. City wide: Minor amendments to development regulations of the City's Municipal Code to clarify provisions and make minor changes which are considered housekeeping in nature. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Dave Milligan, 1735 W. 6th Street, asked for clarification that the PRD would be more thoroughly reviewed in the future and that the primary changes to the CSD-C I and C2 zones were change of names. He was answered in the affirmative for both questions. There being no further testimony, Chairman Winters closed the public hearing. . The Commission discussed each of the ordinance provisions point by point. Several minor changes were made. The most significant change was the elimination of the proposed definitions regarding signs. The Commission felt that sign regulation should be reviewed more thoroughly at a later date. . . . Planning Commission Minutes January 12, 1994 Page 7 Commissioner Souders moved to forward a recommendation of approval of the housekeeping ordinances as modified by the Planning Commission, citing the following findings and conclusions: Findings: 1. Consistent with recent practice, the City has periodically reviewed its development codes for housekeeping purposes. 2. The Planning Department has identified several minor amendments to the zoning, subdivision, short plat and parking ordinances which serve to clarify, reorganize, eliminate duplication, or otherwise improve specific sections of these ordinances. 3. On January 12, 1994, the Planning Commission conducted a duly notified public hearing in conformance with the requirements of the Port Angeles Municipal Code. Conclusions: A. The amendments are in the public use and interest. B. The amendments are minor in nature and are consistent with existing policy direction, and therefore, are not inconsistent with the Comprehensive Plan. c. The amendments improve and clarify ordinance provisions. The motion was seconded by Commissioner Alexander and passed 7-0. V. COMMUNICATIONS FROM THE PUBLIC None. VI. STAFF REPORTS Brad Collins noted the by-laws amended in June, 1993, were on the dais. He also indicated Commissioner Alexander's proposed amendment to the by-laws have also been distributed. The changes would result in Section 7 being modified to read as follows: B. All requests and applications will be tabled if all essential information is not provided to the Planning Department staff by Wednesday at the close of business one week prior to the regular Wednesday meetings of the Planning Commission for timely analysis and inclusion into the Commissioners' information packets. Following review of the proposed amendment, Commissioner Nutter moved to approve the modified version. The motion was seconded by Commi~ioner Souders . . . Planning Commission Minules January 12, 1994 Page 8 and passed 7-0. VIT. REPORTS OF THE COMMISSION Commissioner Alexander stated the GMAC will be meeting a few more times over the next week or so. They will be bringing the draft Comprehensive Plan and Capital Facilities Plan to the Planning Commission on January 26, 1994. Commissioner Philpott stated the importance of maintaining flexibility m the Comprehensive Plan to allow adjustment for changing circumstances. Vill. 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