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HomeMy WebLinkAboutMinutes 01/13/1993 . . . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 Regular Meeting January 13, 1993 7:00 P.M. I. CALL TO ORDER IT. ROLL CALL m. APPROVAL OF MINUTES: Meeting of December 16, 1992 IV. PUBLIC HEARINGS: 1. REZONE REQUEST - REZ 93(01)01 - RALSTON. Park and PoTter Streets: Request for a rezone of approximately 4.5 acres from RS-9, Residential Single-Family, to RS-7, Residential Single-Family. 2. FINAL SUBDIVISION APPROVAL - PETREE - PEACHTREE ESTATES. between Eighteenth and Sixteenth and Butler and "0" Streets: Request for final approval of phase 1 (consisting of Lots 7 through 32) of a preliminarily approved subdivision in the RS-9, Residential Single- Family District. 3. ZONING CODE AMENDMENT - ZCA 92(12)05. CITY OF PORT ANGELES. Housekeeping Measures: Amendment to City regulations contained in the zoning, subdivision, parking and sign ordinances which are of a housekeeping or minor nature. 4. ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT ANGELES. Retail Stand Regulations: Amendment to the City's retail stand locational and dimensional standards. Planning Commission: Cindy Souders, Chairman; Larry Leonard; Bob Winters; Roger CallS; Bob Philpott; Ray Gruver; William Anabel. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; John Jimerson, Associate Planner. . . . Planning Commission Agenda Page 2 V. COMMUNlCA TIONS FROM THE PUBLIC VI. REPORTS OF THE COMMISSION VII. STAFF REPORTS vm. 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. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington January 13, 1993 CALL TO ORDER Chairwoman Souders called the meeting to order at 7:00 P.M. ROLL CALL Members Present: Bob Philpott, Bill Anabel, Bob Winters, Larry Leonard, Cindy Souders, Ray Gruver and Roger Catts Staff Present: David Sawyer, John Jimerson, Ken Ridout, Bruce Becker APPROV AL OF MINUTES Commk~ioner Philpott moved to approve the minutes of the December 16, 1992, meeting, correcting the time of adjournment, which was at 8:30 P.M. The motion was seconded by Commissioner Anabel and passed 6-0, with Commissioner Gruver abstaining. PUBLIC HEARINGS REZONE REQUEST - REZ 93(01)01 - RALSTON. Park and Porter Avenues: Request for a rezone of approximately 4.5 acres from RS-9, Residential Single Family, to RS-7, Residential Single Family. John Jimerson reviewed the Department Report. Chairwoman Souders opened the public hearing. John Ralston, 850 Church Street, stated he accepts the staff recommendation to rezone lots 1-4 only, excluding lot 17. Rezoning the property to RS- 7 would allow him to avoid creating dogleg lots, as the RS-7 lot width standards are less restrictive. He explained the dimensional . charact~ristics of the.property.and.how.1otsthat are 63 feet wide instead of 75 feet wide can be better accommodated. He plans to create 16 lots, with an average lot size of 9,500 square feet. In response to a question from Commissioner Catts, Mr. Ralston acknowledged that he was aware of the street improvements that are likely to be required as he subdivides the property. Commissioner Leonard asked if there is a wetland on lots 1-4. Mr. Ralston stated he hired a wetlands expert. who determined there is no wetland. David Sawyer added that he had not Planning Commission Minutes January 13, 1993 Page 2 . specifically tested lots 14 for wetlands, but based on his review of the adjacent lot 17, he did not believe there is a wetland on those lots. Jo Breitbach, 1044 Grant, stated lot sizes in the vicinity should not be allowed less than 9,000 square feet. It should remain as a suburban neighborhood. Curt Sauer, 1027 Grant A venue, stated he lives west of the site. He is concerned with the fact that the area suffers from drainage problems which may be exacerbated with an increase in impervious surface area. There is a ditch between Grant and Park Avenues which is inadequate to handle the existing stormwater. There has been an increase in the volume and duration of storm water runoff. His neighbor, at 1037 Grant Avenue, could not make it to the meeting and asked Curt to state that she shares his concerns with the drainage. It doesn't make sense to justify the rezone by initiating another rezone north of the property. He believes the close proximity of residential uses to the substation creates an environmental health hazard. If the City approves this rezone, it will set the stage for further rezones to RS-7. He disagreed with the Oetennination of Non-Significance, the City needs to consider the cumulative impact on wildlife and wetlands. . James Jacobs, 1002 E. Park, said he was not permitted build a house because he did not have an additional 9,000 s.f. of lot area. There is a drainage problem in the area and his property receives the stormwater. The sewers are inadequate. He expressed concern that infrastructure improvements are needed. It is not right for existing residents, many of whom are retired, to be forced to pay for improvements to allow developers to build new projects. In response to questions from the Commission, Ken Ridout stated that drainage plans will be required prior to development. Post development runoff shall not exceed pre-development runoff. BP A has installed an oversized storm sewer which the City can tap into. Monty Lannoye, 1105 E. Park, stated he is concerned with the lack of sidewalks in the vicinity. Park Avenue is narrow and there is no place to walk. He too is concerned there isn't enough sewer capacity. In response to a question, he stated he would support an L.I.D. for sidewalks. He added that Public Works takes traffic counts every year after the schools are out. The counts therefore understate the volumes that occur during the year. There being no further public testimony, Chairwoman Souders closed the public hearing. Chairwoman Souders asked if a variance could be granted to allow a reduction in lot width rather than rezoning the property. John Jimerson responded that lot widths may be reduced with a variance. The applicant had approached the Planning Department about a variance. The Planning Department informed him that they didn't believe the variance could be justified, as there are no special circumstances which deprive him of normal property rights, and because a variance would likely constitute a special privilege. The applicant chose to apply for a rezone. . Commissioner Leonard stated that approval of 7,000 s.f. lots is consistent with the intent of the Growth Management Act as it encourages the development to occur within the urban growth areas. . . . Planning Commission Minutes January 13, 1993 Page 3 Commissioner Winters moved to recommend the City Council approve the rezone request from RS-9 to RS-7 on Lots 1-4, Block 1, Highland View Acre Tracts, and to deny the request to rezone Lot 17, Block 1, Highland View Acre Tracts, citing the foUowing fmdings and conclusions: Findings: 1. The request is to rezone Lots 1-4 and 17, Block 1, Highland View Acre Tracts from single family residential RS-9 to single family residential RS-7. 2. The site is identified as suburban residential which encourages single family development on lots ranging in size from 9,000-14,000 square feet. A number of Goals, Policies and Objectives have been identified as being most relevant to the request. They include Goals nos. 1, 3 & 5; Residential Policies Nos. 2, 4, 5, 11 & 19; Circulation Policy No.3; Social Objectives Nos. 1, 2 & 3; and Land Use Objectives Nos. I, 2, 4, 5, 6 & 7. 3. Surrounding land uses include a convalescent center and vacant property to the north, single family homes to the south and west, and a BP A substation to the east. 4. There is a variety of lot sizes in the vicinity, ranging from 9,000 s.f. to one acre. 5. Lot 17 is bounded on the west and east by lots developed for RS-9 and the south by developed lots which range in size from .22 to .50 acres. 6. A Determination of Non-Significance was issued on December 15, 1992 by the City of Port Angeles SEPA Responsible Official. 7. The site is not contiguous to any existing RS-7 zoning. Conclusions: A. The rezone of Lots 1-4 is in the public use and interest and is compatible with the surrounding zoning. The rezone of Lot 17 would be inconsistent with the large lot development surrounding it on three sides. B. The rezone of Lots 1-4 is consistent with the Comprehensive Plan Goals, Policies and Objectives identified in Finding #2 above. The rezone of Lot 17 would be inconsistent with Land Use Objectives 2 & 6 and Social Objective No.2. C. Circumstances have changed since the property was zoned RS-9. The convalescent center has begun expansion toward Park A venue. Many of the one acre lots in the vicinity have been further subdivided and developed on lots as small as 9,000 s.f. . . . Planning Commission Minutes January 13, 1993 Page 4 The motion was seconded by Commissioner Leonard and passed 7-0. Commissioner Winters moved to initiate rezone proceedings for those properties north of the site, between Park A venue and Lauridsen Boulevard from RS-9 to RMD. The motion was seconded by Commissioner Gruver and passed 7-0. FINAL SUBDIVISION APPROVAL - PETREE- PEACH TREE ESTATES. between Eighteenth and Sixteenth and Butler and "0" Streets: Request for final approval of Phase 1, of a preliminarily approved subdivision in the RS-9, Residential Single Family District. John Jimerson reviewed the Department Report. He noted the applicant has modified the request, making Phase 1 consist of Lots 14-26. Chairwoman Souders opened the public hearing. Ken Clark, 1007 N. 5th Avenue, Sequim, explained the reason for changing the phasing is the cost of doing the required improvements. By reducing the number of lots in the first phase, they can reduce the cost of improvements necessary. Even though the first phase consists of only 13 lots, they will be installing 80% of the drainage facilities and 100% of the sewer facilities needed to serve the entire 32 lot subdivision. Bonding for all improvements will be in place by the time the Council reviews the proposal. Commissioner Winters asked when the improvements will be done. Ken Clark responded that they are ready to resume construction as soon as the weather improves. Once they begin, it will take about 60 days. There being no further public testimony, Chairwoman Souders closed the public hearing. Commissioner Leonard moved to recommend the City Council approve the imal plat for Phase 1 which consists of Lots 14-26, subject to the following conditions, and citing the following findings and conclusions: 1. The Pinal Plat shall be amended prior to approval by the City Council as follows: A. The location of the required fire hydrants shall be shown on the plat. B. The lot area of each lot shall be shown on the final plat or on a separate report. C. Show a utility easement along the north property line of Lot 23. D. Clearly identify those streets that are being dedicated to the City. E. The note on Sheet 2 which refers to bonding and occupancy shall be modified to be consistent with Section 16.08.060(14) by deleting the reference to Section 7 . . . Planning Commission Minutes January 13, 1993 Page 5 in the subdivision ordinance. F. Show the true north on the plat. 2. All roadway and utility improvements for lots 14 through 26 shall be installed prior to City Council approval except that the applicant may provide a financial guarantee that any improvements not constructed will be constructed within one year of the final plat approval. No occupancy of any dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer. Findings: 1. The City Council approved the preliminary plat of the 32 lot "Peach Tree Subdivision" on November 3, 1992. 2. The Planning Commission and City Council made conclusions that the plat was consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. 3. The applicant submitted for final plat approval on December 14, 1992. 4. A bond in lieu of roadway and utility improvements has been provided. Those improvements to be bonded for include.... Those improvements that have been completed prior to the City Council approval include... 5. The final plat has been reviewed with respect to conformance with the preliminary plat approval and the subdivision ordinance. Conclusions: A. As conditioned, the final plat is in conformance with the preliminary plat approval. B. The final plat has not changed in any manner so as to result in inconsistencies with the Comprehensive Plan and Zoning Ordinance. C. As conditioned, the final plat is in conformance with the City's Subdivision - ..Ordinance. The motion was seconded by Commissioner Catts and was approved 7-0. John Jimerson noted that the details were intentionally left out of Finding no. 4 until they are finalized. The finding will be completed prior to action by the City Council. The Planning Commission took a break at 8:40 PM and reconvened at 8:50 PM. . . . Planning Commission Minutes January 13, 1993 Page 6 ZONING CODE AMENDMENT. - ZCA 92(12)05 - CITY OF PORT ANGELES. Housekeeping Measures: Amendment to City regulations contained in the zoning, subdivision, parking and sign ordinances which are of a housekeeping or a minor nature. John Jimerson noted the staff report provides an overview of the changes recommended in the attached ordinances. Chairwoman Souders opened the public hearing. There being no public testimony, she then closed the public hearing. The Planning Commission identified a few minor modifications to the ordinances. Most of the discussion was concerned with the treatment of political signs. Commissioner Leonard moved that political signs be exempt from sign regulations during the election period (from ninety days before the election to 15 days after the election) as long as they meet certain size standards in residential zones, and are not located within the public right-or-way or on any utility poles. The motion was seconded by Commissioner Anabel and passed 7-0. Commissioner Leonard moved that the Planning Commission forward a favorable recommendation to amend the Short Plat, Subdivision, Parking and Zoning Ordinances as contained in the draft ordinances, except as modified, citing the following findings and conclusions: Findings 1. Consistent with recent practice, the City has periodically reviewed it's 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 13, 1993, 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 andinterest.H 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 Winters and passed 7-0. . . . Planning Commission Minutes January 13, 1993 Page 7 ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT ANGELES. Retail Stand Regulations: Amendment to the City's retail stand location and dimensional standards. David Sawyer reviewed the Department Report. In response to questions from the Commissioners, David Sawyer said the Comprehensive Plan will not specifically address retail stands; however it will address the character of the downtown and the types of retail uses that could be encouraged; that the ordinance contains an allowance for umbrella's; and that it has been the City's interpretation that a retail stand could have a total width of eight feet. Bruce Becker stated the building and fire codes do not contain specific standards with respect to distances that need to be maintained from building entrances. The codes contain general statements that entrances cannot be obstructed. A line of people waiting at the espresso cart could create an obstruction. Commissioner Gruver asked if a conditional use permit would allow for exemptions to the standards. David Sawyer responded no, but that approach could be considered at the time of conducting a comprehensive review of the regulations. Chairwoman Souders opened the public hearing. There being no one to speak, she then closed the public hearing. Commissioner Leonard moved to recommend the City Council amend Section 17.87 .080(L) to read that the support equipment and accessories must not extend more than three feet in total from the edge of the cart. The motion was made citing the following f"mdings and conclusions: Findings: 1. The City Council has directed staff to review the City's Retail Stand Ordinance. 2. A Determination of Non-Significance was signed for this project on December 24, 1992, and there was no correspondence received by the Planning Department during the written appeal period, which ended on January 8, 1993. 3. .~Many.stands have-been approved-and-are in'operation,inc1uding espresso carts which are in compliance with the current size and location requirements for retail stands. . . . Planning Commission Minutes January 13, 1993 Page 8 Conclusions: 1. A maximum allowable length for a retail stand of five feet when combined with the provision of an additional three feet for support equipment in accordance with its current interpretation is adequate for a retail stand and the proposed increase to ten feet would be inconsistent with the purpose and intent of the Retail Stand Ordinance and would be potentially hazardous to the public health, safety, and welfare. 2. The ten foot minimum allowable distance required from a building opening is necessary to ensure adequate access to the building and any reduction of this requirement would be potentially hazardous to the public health, safety, and welfare. 3. A more extensive review of the Retail Stand Ordinance should not be conducted until after the completion of the revised Comprehensive Plan. The motion was seconded by Commissioner Winters and passed 7-0. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS Commissioner Leonard asked Bruce Becker where the Fire Department is moving during construction. Mr. Becker stated they are considering a Valley Street location. By temporarily locating their operations while remodeling the fire station, they can save five months of construction time and $100,000. Commissioner Anabel stated he received a complaint about the taxi service at Race and Seventh Street. He asked if there was a condition on the C.U.P. which requires immediate removal of the inoperable vehicle. Staff will provide him with that information. Commissioner Anabel also announced that he is resigning from the 'Planning Commission. Commissioner Winters expressed his thanks and gratitude to those Commissioners that are departing. He has been pleased with the variety of perspectives on the Commission, and that together they've been consistently able to make good decisions. He only hopes their replacements will be of the same caliber. Planning Commission Minutes January 13, 1993 Page 9 . ADJOURNMENT There being no additional business, the Planning Commission adjourned at 10:00 P.M. Prepared by: John Jimerson . . . PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type OfMee~o~s,~ ~:tion ~' r - ,. ~f'? f ~ ~ v c -- C It{ v-k L~ (J 0 { ~ 1) v\ v-.. 01-1-& E.1l1,~-nrJ PD(}o~ 1405 j)J:). Jl1/))]'t,~ q. ('.ruff ~~ 1.)17 l5}C ,lIP f ;; I?' /;) /!;7. 1 """"p (f) 9'~ J b (.>:J. ~;:/ a..< IL ;? ~ . . . AcrIONS REGARDING PLANNING COMMISSION MINUTES Meeting of JOJIUflT'j 13, 1993 1. REZONE REQUEST - REZ 93COllOl - RALSTON. Park and Portef Streets: Request fOf a rezone of approximately 4.5 acres from RS-9, Residential Single- Family, to RS-7, Residential Single-Family. See item under PUBLIC HEARINGS. 2. FINAL SUBDIVISION APPROVAL - PETREE - PEACHTREE ESTATES. between Eighteenth and Sixteenth and Butler and "0" Streets: Request fOf final approval of phase 1 (consisting of Lots 7 through 32) of a preliminarily approved subdivision in the RS-9, Residential Single-Family District. No action is required at this time. . 3. ZONING CODE AMENDMENT - ZCA 92(12)05. CITY OF PORT ANGELES. Housekeeping Measures: Amendment to City regulations contained in the zoning, subdivision, parking and sign ordinances which are of a housekeeping or minor nature. See item under PUBLIC HEARINGS. 4. ZONING CODE AMENDMENT - ZCA 93(01)01 CITY OF PORT ANGELES. Retail Stand Regulations: Amendment to the City's fetail stand locational and dimensional standards. See item under PUBLIC HEARINGS. .