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HomeMy WebLinkAboutMinutes 02/13/2002 .---, o 'I ~! ~. . l?ORT~GELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street February 13,2002 I. CALL TO ORDER 7 p.m. TI. ROLLCALL III. APPROVAL OF MINUTES: Meeting of January 30, 2002 special workshop. IV. CONTINUED HEARINGS: 1. PROPOSED ADMINISTRATIVE AMENDMENTS TO CHAPTERS 2 (Board of Adjustment), 15 (Environment). 16 (Subdivision). and 17(Zoning) of the PORT ANGELES MUNICIPAL CODE- MCA 01-02: Proposed amendments intended for clarification, correction, and streamlining of certain procedures in the PAMC. (Continued from December 12,2001.) 2. CONDITIONAL USE PERMIT - CUP 01-14 - NESKE.I034 Campbell Avenue. Request to allow an accessory residential unit to be located in the RS-9. Residential Single Family zone. (Continued from January 9, 2002.) PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 02-02 - DRYKE. 310 Jones Street: Application for a conditional use permit to allow a commercial radio-controlled car recreational use in the Commercial Office zone. PUBLIC MEETINGS: 1. REZONE APPLICATION - REZ 02-01 - SERENITY HOUSE. 2321 West 18lh Street: Request for rezone of approximately 4.31 acres from RS-9 Residential Single Family, to RMD Residential Medium Density. 2. REZONE APPLICATION - REZ 02-02 - GERMAN. 100 Block West Ninth Street: Request to rezone property from RS-9 Residential Single Family, to eN, Commercial Neighborhood. (This item has been withdrawn by the applicant.) .' . . 3. REZONE APPLICATION - REZ 02-03 - CLALLAM COUNTY/CITY OF PORT ANGELES, 223 East Fourth Street and 321 East Fifth Street: Rezone of the east 6 lots of each government site that are incorrectly designated as Residential High Density and Commercial Office respectively. Each site should be identified as Public Buildings and Parks. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter PLANNING STAFF: Brad Collins, Director; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 13 , 2002 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Hewins, Fred Norton, Linda Nutter, Rick Porter, Chuck Schramm Members Excused: Mary Craver Staff Present: Brad Collins, Sue Roberds Public Present: Dan Jacobs, Nancy Newman, Steve and Lynette Dryke, Tom Larosso Chair Nutter opened the meeting at 7:00 p.m. APPROVAL OF MINUTES Commissioner Philpott moved to approve the January 30, 2002, special workshop minutes as presented. The motion was seconded by Commissioner Hewins and passed 5 - 1 with Commissioner Porter abstaining due to absence at the workshop. The Chair reordered the agenda in order to dispense with two issues. CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT - CUP 01-14- NESKE.I034 Campbell Avenue. Request to allow an accessory residential unit to be located in the RS-9. Residential Single Family zone. (Continued from January 9,2002.) Chair reopened the continued public hearing and noted staffs memorandum regarding the applicant's withdrawal ofthe application. There being no public testimony, the public hearing was closed. Commissioner Philpott moved to accept withdrawal of CUP 01-14. The motion was seconded by Commissioner Norton and passed 6 - O. PUBLIC MEETING REZONE APPLICATION - REZ 02-02 - GERMAN. 100 Block West Ninth Street: Request to rezone property from RS-9 Residential Single Family, to CN, Commercial Neighborhood. (This item has been withdrawn by the applicant.) Chair Nutter noted staffs memorandum stating that the applicant had withdrawn the application. Commissioner Philpott moved to accept withdrawal of REZ 02-02. The motion was seconded by Commissioner Hewins and passed 6 - O. . . . Planning Commission Minutes - Febroary 13, 2002 Page 2 CONTINUED PUBLIC HEARING Chair Nutter indicated that those who testify must affirm that their testimony will be truthful to the best of their knowledge. PROPOSED ADMINISTRATIVE AMENDMENTS TO CHAPTERS 2 (Board of Adjustment). 15 (Environment). 16 (Subdivision). and 17(Zoning) of the PORT ANGELES MUNICIPAL CODE- MCA 01-02: Proposed amendments intended for clarification, correction, and streamlining of certain procedures in the P AMC. (Continued from December 12, 2001.) Assistant Planner Sue Roberds reviewed a brief memorandum with regard to the continued public hearing. Chair Nutter reopened the continued public hearing. There being no public present to testify, Chair Nutter closed the hearing. Commissioner Hewins moved to recommend approval of Municipal Code Amendment 01-02 as proposed citing the following findings and conclusions: Findings: Based on the information provided in the Department of Community Development Memorandum in support of Port Angeles Municipal Code Amendment MCA 01-02 dated December 12, 2001, including all information in the public record file, comments and testimony presented during the public hearing, the discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, City of Port Angeles, proposed Municipal Code Amendment to change several sections ofthe Port Angeles Municipal Code, including Chapters 2.52 Board of Adjustment, 15.04 Environmental Policy, and Title 17, Zoning. 2. The changes proposed to Chapter 2.52 Board of Adjustment are suggested for compliance with current state laws, specifically R.C.W. 36.70.840, and would therefore comply with other public notification time periods adopted by the City under the State's Regulatory Reform Act. 3. Changes proposed to Chapter 15.04 are intended to streamline those procedures dealing with acceptable development activities in critical areas of the City such that exemptions permitted under WAC 197-11-980 are adopted by reference in Section 15.04.040 - General Regulations. 4. Corrections are proposed throughout the Municipal Code which reflect that the Planning Department and Building Division have been combined into the "Department of Community Development". Therefore, references to "Planning Department" have been changed to " Department of Communi ty Development" and the reference to "Planning Director" has been amended to read " Community Development Director". . . . Planning Commission Minutes - February J 3, 2002 Page 3 5. Corrections are proposed to reflect that the "Planning Department" is now the "Department of Community Development;" change the title "Planning Director" to "Community Development Director;" "Public Works Director" to "Director of Public Works and Utilities;" and "Building Inspector" to "Building Official". 6. Typographical corrections have been made to the titles "Home Occupations Conditional Use Permit", "Bed and Breakfast Conditional Use Permit", and Retail Stand Conditional Use Permit", to reflect the intended title of the chapters, 7. The listing for Chapter 17.01 FL Forest Zone was added because it was inadvertently left out ofthe Chapter 17.01 listings when adopted in 1995. 8. Per Section 17.96.100 Amendments, any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to fmal passage by the City Council. 9. The City and County are jointly proposing a change in the Zoning Map to reflect the public uses of the east parking areas, respectively, along Peabody Street. Specifically, Lots 1 - 3 and 16 - 18 Block 67 TP A (City), and 1 - 3 and 17 - 20 Block 56, TP A (County). The properties are owned by government agencies and are developed and function as government and public uses. It is proposed that the designated zoning of the City's property be changed from OC, Office Commercial, to PBP, Public Buildings and Parks, and the County from RHD, Residential High Density, to PBP. 10. The City's Comprehensive Plan and Land Use Map have been reviewed with respect to the proposal. 11. The Planning Commission held a public hearing on December 12, 2001, which was continued to February 13,2002, in consideration of proposed amendments to the Port Angeles Municipal Code. Conclusions: Based on the information provided in the Department of Community Development Staff Report dated December 12,2001 for MCA 01-02 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 findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The rezones as proposed are consistent with the goals and policies of the City I S Comprehensive Plan including, but not limited to, Land Use Element Map Goal A, and Policies A.I, and 2, and Objective A.I are pertinent to the rezone proposals. . . . Planning Commission Minutes. Febrnary /3, 2002 Page 4 2. The Municipal Code administrative amendments are consistent with the goals and policies of the City's Comprehensive Plan including, but not limited to, Growth Management Element Policy A(1), and Policy leg). 3. The amendments will result in improved public service relating to permit processing and regulation integration. 4. The proposed amendments are in the public use and interest. The motion was seconded by Commissioner Schramm and passed 6 - o. Commissioner Nutter excused herself from the meeting and left the room as she owns property in the area where the next item (DRYKE) is located, CONDITIONAL USE PERMIT - CUP 02-02 - DRYKE. 310 Jones Street: Application for a conditional use permit to allow a commercial radio-controlled car recreational use in the Commercial Office zone. Assistant Planner Sue Roberds reviewed the staffs report recommending approval of the conditional use permit. Vice Chair Schramm opened the public hearing. Steve Dryke, 719 South "N" Street, was present for questions. In response to Commissioner Philpott, Mr. Dryke responded that currently the structure design is for a 22-foot tall building tht will blend into the neighborhood by looking much like a duplex. In response to Commissioner Hewins, Mr. Dryke answered that he has reviewed staffs conditions and does not have any concerns or objections. Commissioner Schramm asked how noise from the motor-driven units would be muffled. Mr. Dryke responded that the use has occurred on the site off and on for four to five years with no known complaints from neighbors regarding noise. The previous use was not enclosed and the new use will be. That fact and the use of mufflers on the units should significantly reduce any negative noise issues. Tom Larosso, 1839 West Sixth Street, has resided in the subject neighborhood during past years. The radio-controlled car recreational activity never bothered him or other neighbors as far as he knew. The applicant should be commended for trying to provide a controlled recreational use that will benefit youth of the community as his own expense. He encouraged the Commission to approve the proposed activity. There being no further testimony, Vice Chair Schramm closed the public hearing. The Commissioners concurred that the applicant's proposal would enhance acceptable recreational opportunities for youth within the community. Commissioner Hewins moved to approve the conditional use permit as proposed citing the following conditions, findings, and conclusions: Conditions: 1. Development of the commercial recreational use at 310 Jones Street shall be as proposed in conditional use permit application (CUP 02-01) and site plan submitted for Steve and . . . Planning Commission Minutes - Febrnary J 3, 2002 Page 5 Lynette Dryke. Parking will be established at a minimum of 11 off-street parking spaces and will be reviewed at the end of one year to determine if additional parking is needed. 2. A separation will be constructed such that the 3100 square foot track area will not be accessible to the public and will remain only for use as a track. If changes to the site plan are intended, an amendment must be requested and approved by the Planning Commission prior to such change being implemented. 3. Hours of operation shall be restricted to from 3 p.m. to 9 p.m. Monday through Thursday, from 10 a.m. to 10 p.m. on Friday and Saturday, and from 1 p.m. to 8 p.m. on Sunday. 4. A Zoning Lot Covenant shall be filed joining the two lots as one building site. 5. The address of the residential unit at 310 Jones Street shall be changed to be 310 1/2 Jones Street. Findings: Based on the information provided in the Staff Report for CUP 02-01 dated February 13, 2002, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. Steve and Lynette Dryke submitted a conditional use permit application (CUP 02-01) on January 11,2002, to allow a commercial radio-controlled car recreational activity in the Commercial Office (CO) zone at 310 Jones Street. The proposal is described as a family oriented activity located on Lots 17 and 18, Block 11 Puget Sound Cooperative Colony Subdivision to the Townsite of Port Angeles. 2. The site is located at the northwest comer oOones and Georgiana Streets. The 14,000 square foot site is developed with a small residential unit at the northeast corner ofthe site off Jones Street. The nonconforming structure does not comply with any of the development standards required in the CO zone, nor does it observe vision triangle setbacks. 3. Business and professional offices, child day care centers, and preschools are outright permitted uses in the CO zone. Churches, public parks and recreational facilities, business colleges, music, art, and dance schools, are conditionally permitted uses in the CO zone. 4. Residential uses are permitted in the CO zone with development standards per the City's Residential Single Family (RS-7) zone. Residential uses permitted per the City's Residential High Density (RHD) zone are conditional uses in the CO zone. Planning Commission Minutes - Febnmry /3. 2002 Page 6 . 5. Eleven (11) off-street parking spaces will be required for the multiple use site per the City's Parking Ordinance requirements. The site plan indicates that 19 off-street parking spaces can be provided. Off-street parking must be improved per the Public Works and Utilities Departments standards. Parking was calculated given the use areas as proposed by the applicant in the site plan submitted January 11, 2002. 6. The applicant has operated an outdoor radio-controlled car race track activity on the site for approximately the past 4-5 years. The City has not received any written complaints from neighbors regarding the use. 7. The site was posted and public notices of the application were mailed to property owners within 300 feet of the property on January 18,2002. Legal publication appeared in the Peninsula Daily News on January 23, 2002. To date, no written comments have been received. 8. The City's State Environmental Policy Act (SEPA) Official issued a determination of nonsignificance on February 8,2002, per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act. 9. The site is served by Jones and Georgiana Streets. Both Jones and Georgiana Streets are fully improved access streets with curb, gutter, and sidewalk. Front Street is located one block south of the site and is served by Clallam Transit. . 10. The Comprehensive Plan and Land Use Designation for the subject property is Commercial (C). 11. Zoning of the site is CO, Commercial Office. The purpose of the CO Zone (Section 17.20.010 PAMC) "... is a commercial zone intended for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas." The applicant proposed extended hours of operation of3 p.m. to 11 p.m., Monday through Friday. It is within the purview of the Planning Commission to determine the hours of operation that will be compatible with other activities occurring in the vicinity. 12. The CO Zone does not encourage the retail sale of goods to the public. The applicant has stated that on-site retail activities will serve mainly those persons using the track. 13. Construction of the approximately 4900 square foot building will require compliance with the Uniform Building Code, Fire Code, and Electrical Code. . 14. Conditional use permits are approved for a specific use at a specific location. 15. Section 17.96.050 PAMC Conditional Use Permit provides that "The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, . . . Planning Commission Minutes - February 13. 2002 Page 7 and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditionsare considered essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property." 16. Conditional uses permitted in the Commercial Office zone per Section 17.20.160 PAMC include art galleries and musewns, assisted living facilities, beauty shops and barber shops, business colleges, music, art, and dance schools, businesses selling medical supplies, goods, instruments, medicine and similar items, chemical dependency treatment centers, detoxification centers, libraries, nursing and convalescent homes, public parks and recreation facilities, residential care facilities, residential uses that are permitted in the RHD zone, and other uses that are determined to be compatible with the intent of the zone. Conclusions: A. While the Commercial Office zone does not specifically permit commercial recreational uses, other similar uses are permitted either outright or as conditional uses in the CO zone such as child day care centers, pre-schools, public parks and recreational uses, music, art, and dance schools, which are youth/family oriented. B. The proposed use is conditioned such that no significant impacts to surrounding uses or properties should occur as a result ofthe conditionally approved activity. C. As conditioned, the use is in the public interest. D. The site is served by adequate public services including but not limited to electric, phone, sewer, and standard City street improvements. E. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Commercial Land Use Designation and the goals and policies of the Comprehensive Plan specifically Land Use Element Goal A, and Policy A.2, Residential Goals B and C; Commercial, Policy D.l, and Policy E.3; Transportation Element, Policy B.14; Utilities and Public Services Element Goals A and B, and Policy E.6. F. The Comprehensive Plan allows for subordinate and compatible uses within different zones. It also encourages the City to support the provision of recreational activities for the public. G. The proposed use is conditioned such that it complies with the intent of the Commercial Office zone as such that it is compatible with adjacent uses. The motion was seconded by Commissioner Philpott and passed 6 - O. Planning Commission Minutes - Febroary J 3. 2002 Page 8 . The Commission took a break at 7:50 p.m. The meeting resumed at 8:00 p.m. Chair Nutter rejoined the meeting and assumed the Chair. PUBLIC MEETING REZONE APPLICATION - REZ 02-01 - SERENITY HOUSE. 2321 West 18th Street: Request for rezone of approximately 4.31 acres from RS-9 Residential Single Family, to RMD Residential Medium Density. . Community Development Director, Brad Collins, reviewed the staff s report recommending approval of the rezone application. Commissioners Porter and Schramm asked if there have been any change in circumstances since the earlier application (REZ 01-05) in October; 2001, when the Commission recommended the City Council approve the rezone. Staff answered that the City Council did not take an action on the earlier application due to a tie vote, and the applicant is free to reapply at any time. Director Collins said that he did not believe there had been a change in circumstances dealing with the property or the proposaL Commissioner Schramm questioned Director Collins as to the disposition of the 139 acres rezoned in 1995 from residential to residential medium density. Mr. Collins estimated that approximately 20% of the property has since been developed as medium density housing. Commissioner Nutter asked when school walking routes are reviewed for adequacy. Mr. Collins answered that no new school walking routes have been designated because there are no new schools. The School District may review their walking routes every year. Commissioner Hewins added that, although the subject area is along a school bus route and students are not expected to walk to school, students still walk and ride bicycles to schooL New circumstances would need to be recognized to warrant a change in a designated school walking route. Mr. Collins noted that development of the subject site will require sidewalk, curb, and gutter improvements along the Eighteenth Street frontage ofthe site. Commissioner Hewins asked ifthere have been any changes to the City's Transportation Services and Facilities Plan (TSFP) where improvements are planned to Eighteenth Street. He stated that, although industrial development usually brings improvements to an area, the Port of Port Angeles has made it very clear that they do not plan to construct any improvements on the south half of Eighteenth Street abutting their industrial property and have designed the Port's industrial park to date such that improvements have not been required. Mr. Collins responded that improvements to Eighteenth Street are not a main priority listing in the City's TSFP at this point. For the past several years, infrastructure improvements, including sidewalks and a bus stop, have been made by developers of the medium density housing developments that have located adjacent to the subject property. This will probably be the only manner in which improvements are made in the area for some time. Commissioner Hewins asked if there is sufficient infrastructure without improvements to allow more intensive development in the Eighteenth Street area. He does not believe that the existing infrastructure in the area is adequate to allow another medium density residential development at this time. Mr. Collins indicated that Eighteenth Street meets the City's concurrency requirements, which are at or above Level of Service (LOS) D. Commissioner Philpott asked Mr. Collins if there are ways to set aside City funds to make improvements such as sidewalks to identified neighborhoods. Director Collins responded . Planning Commission Minutes - Febl'llll'Y 13. 2002 Page 9 . that the City specifies capital facilities that are needed in certain areas through the City's Capital Facilities Plan and sets development standards through the City's Urban Services and Guidelines manual. The City currently does not have a standard for continual sidewalks and only requires development of sidewalks in areas that are designated as arterials and/or school walking routes. Commissioner Hewins stated that the City should make improvements to areas such as Eighteenth Street if development of the area is desired. Commissioner Nutter asked ifthe City is planning to improve Eighteenth Street when the landfill is converted to a transfer station. Mr. Collins responded that no improvements are planned to Eighteenth Street at the present time. The City's Engineering Division has indicated that the arterial street is adequate to handle the predicted increase in traffic. It is not anticipated that a change in the hauling characteristics to and from the landfill or other existing or new land uses in the area will adversely affect the capacity of the roadway. Commissioner Schramm asked if there had been a change in the property since 1995 that would make the property less suitable for single family development. Director Collins noted that there has been a change in household size identified in the 1990 Census. Single family household size has decreased since the last housing needs assessment was done thereby causing an increase in the need for medium density housing units. Commissioner Porter asked if anything other than the drop in household size identified in the census indicates a need for more medium density housing. Mr. Collins stated that the rate of absorption of available medium density housing units indicates there is a need for more multi- family housing than single family. Commissioner Philpott noted that it is not unusual to plan for multi-family uses near industrial areas. It is commonly done. Commissioner Porter asked Serenity House Executive Director Dan Jacobs if specific data is available which would indicate a general need for additional multi-family housing in the City. Dan Jacobs Executive Director for Serenity House, 2321 West Eighteenth Street, answered that it is not affordable to put together single family residential housing for people who are served by Serenity House. The type of housing that is needed for the services Serenity House provides is multi-family group housing where various types of housing can be accommodated in a consolidated area and where individualized services can be provided. There is a great need for low income, permanent housing in the Port Angeles area. Hundreds of local low income families cannot afford stable, clean, safe, affordable housing at this time. There may seem to be a lot of available housing in the area, but most is not affordable to people in need. Commissioner Hewins asked Mr. Jacobs if other sites had been considered. Mr. Jacobs responded that originally other sites were looked into with a realtor but the subject property was the most desirable given its location abutting other property developed for similar uses. The subject property affords Serenity House the ability to consolidate its activities rather duplicate them on a site in another neighborhood. Commissioner Schramm stated that the Commission is not questioning the need for low income housing but cannot consider convenience for the applicant or desire to increase the value of a property as reasons for a rezone. The only consideration that may be made is whether or not there is a need to create additional supply of land for a particular zone. Commissioner Porter did not see any new circumstances that would warrant the rezone as requested. If the City wants to see the area develop, it should improve Eighteenth Street such that those increased densities and activities can be supported. . . . . . Planning Commission Minutes - February 13. 2002 Page 10 Commissioner Norton moved to recommend approval of the rezone as proposed citing stafrs suggested findings and conclusions as follows: Findings: 1. The applicant requests a change in the Zoning map designation of a 4.31 acre rectangular parcel located on north of 18th Street and the William R. Fairchild International Airport from Residential, Single Family (RS-9) to Residential, Medium Density (RMD). 2. The proposal consists of two lots that are 188,074.28 square feet in size and undeveloped at this time. 3. The site is located in the Northwest Planning Area of the City, and the Northwest Planning Area has the largest segment of undeveloped residential land in the City. 4. The Comprehensive Plan Land Use Map designates the area as a margin between Low Density Residential (LDR) and Medium Density Residential (MDR). 5. The properties to the east of the subject site are designated, zoned, and developed for medium density multiple family residential uses, including Serenity House family housing. 6. The properties to the west and north of the subject site are designated, zoned, but sparsely developed for low density single family residential uses. 7. The properties to the south across 18th Street are designated, zoned, and developed for industrial uses as the William R. Fairchild International Airport and industrial park. 8. The Comprehensive Plan has been reviewed with respect to the proposed rezone, and the most relevant are as follows: Growth Management Element Goal A, Land Use Element Goal A, Policies A.l and A.2, Objective A.l, Goal B, Goal C, Policies C.l-C.4, Housing Element Goal A, Policies A.I and A.7, Goal B, Policies RI, R2, B.6, B.9, Objectives Rl and B.2. 9. The subject site is served by 18th Street, which is a designated arterial that is serving the neighborhood well including the multi-family housing developments east of the subject property. 10. Clallam Transit provides bus service along 18th Street with bus stops in the near vicinity. Because the applicant has another nearby location where Serenity House provides other housing and social services, there are already existing services which may be utilized. 11. The location adjacent to the airport is a concern due to potential noise conflicts with residential activities. . . . Planning Commission Minutes - February 13, 2002 Page J J 12. Multiple family housing may be constructed with greater soundproofing as a normal part of its design. 13. Transitional housing for the homeless is a special housing need that is given specific attention in the Comprehensive Plan but requires a conditional use permit in the Zoning Code. 14. The 18th Street district has all the conditions available for this special housing need in place such as public transit, an arterial street, vacant affordable land, and a non-profit service provider. 15. A residential neighborhood is not established along 18th St., since the area is still in the process of being developed with a mix of housing types and densities. 16. The purpose of the RMD zone is to allow for a mix of single family, duplexes, and apartments at a density of greater than single family neighborhoods but less than the RHD zone. 17. If approved to RMD zoning, a total of 53 dwelling units compared to 20 dwelling units under RS-9 zoning could be permitted on the 188,074.28 square feet of area. 18. Per Port Angeles Municipal Code 17.96.100, "In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map." 19. In 1995, the lower density residential zoning comprised approximately 46% of the total land base within the City limits, as compared to 4% of the higher density residential zoning. Based on this analysis the Zoning Map was changed to add 139 acres of mostly buildable Medium Density Residential (RMD) zoning to the available acreage and to subtract the same 1 39 acres from RS-9 Residential Single Family. This additional RMD zoned land increase the higher density residential acreage from 4 to 6.3% and similarly decreased the lower density residential acreage from 46 to 43.6%. Annexations to the City since 1995 have added more RS-9 zoned lands to the total. Considering only the vacant buildable lands (approximately 400 acres of RS to 100 acres of RMD), the availability of land remains in favor oflower density residential zones by about a 4 to 1 ratio. 20. There have been minimal changes in the City's development trends or patterns in the second half ofthe decade of the 1990's. The Clallam County Housing Needs Assessment (1999) indicated that there were 1,878 multi-family rental units in 1998. According to the Washington State Office of Financial Management, the City's April 2000, official population estimates were based on 78% single family and 22% multi-family housing Planning Commission Minutes - February 13. 2002 Page /2 . 21. 23. 24. . units with a declining household size. The trend in single family and multi-family housing percentages in other communities also indicates increasing needs for multi- family zoned land. The Public Works and Fire Departments and the Building Division have made no comments on the proposed rezone. 22. The City's State Environmental Policy Act Responsible Official adopted the Environmental Impact Statement, Addendum, and Supplemental EIS issued for the City of Port Angeles Comprehensive Plan adopted in 1993-1995 and issued a Determinationof NonSignificance (#965) for the proposal per WAC 197-11-355 on October 9, 2001. There are no environmentally sensitive areas located on or adjacent to the subject property. Subsequent development of the properties would require compliance with various chapters of the Port Angeles Municipal Code, as it applies. Public Notice was given on January 18,2002, identifying a written comment deadline of February 7,2002, for consideration in the staff report to the Planning Commission for a meeting date of February 13, 2002, on the proposed. The City received a written comment letter from William and Jeanie Sallee on February 7, 2002 (Attachment C). This site specific rezone application is limited to one "open record" public hearing before the City Council. The meeting before the Planning Commission is not a public hearing, and oral public testimony cannot be taken. According to R.C.W. 36.70B, Local Project Review ("The Regulatory Refonn Act"), the Planning Commission shall hold a public meeting, which may include an informal hearing, and make a recommendation to the City Council. The recommendation is to be based solely on the information contained in the official file which includes any written public testimony that was received by February 7, 2002. Concl usions: 1. The application is for a rezone only which addresses all potential land uses allowed within that zone and not approval for any specific, subsequent development that may be an allowed land use according to the Zoning Code. 2. The map's land use designations are intended to show areas where general land use types are allowed. The area between land use designations should be considered an imprecise margin in order to provide flexibility in determining the boundary of such areas. When determining appropriate zoning designations for an area near a margin, the goals, policies, and objectives of the Land Use Element should take precedence. Therefore, in this case where the Comp Plan Land Use Map is not clear, analysis ofthe rezone must specifically rely on the most relevant Comp Plan goals, policies, and objectives. . 3. Rezone REZ 02-01 for Serenity House is consistent with the City's Comprehensive Plan Growth Management, Land Use, and Housing Elements as described in Finding #8. Planning Commission Minutes. Febnwry /3, 2002 Page 13 . 4. The Comp Plan accepts that districts may be composed primarily of residential uses of a uniform density and that a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Since the surrounding existing development includes airport/industrial and multiple family land uses as well as single family residential uses, 18th Street is a district within the Northwest Planning Area ofthe City. 5. The City should ensure that the supply of land will be sufficient for all housing needs including the provision of transitional and temporary housing for the homeless and/or displaced families. 6. The City's action on Rezone REZ 02-01 is consistent with the established procedures for amending the Zoning Code as specified in PAMC 17.96.100. 7. The need for multi-family housing has been identified and can be seen as a transitional use between more intensive uses such as airport/industrial and less intensive low density residential land uses. Based on these needs for additional multi-family zoned land in the City of Port Angeles, the proposed rezone is found to be beneficial for the community as a whole and compatible with the desired urban design of the City. . 8. Rezone REZ 02-01 is in the public use and interest and would increase the availability of land for multi-family housing and possibly for special needs transitional housing in the City. . The motion was seconded by Commissioner Philpott and failed 2 - 3 with Commissioners Norton and Philpott voting for the motion and Commissioners Hewins, Nutter, and Schramm voting in the negative. Commissioner Porter abstained from voting. Director Collins asked Commissioner Porter to explain his reason for abstaining. Mr. Porter said that he understands the applicant's intentions but agrees with other Commissioners that the infrastructure in the Eighteenth Street area is not sufficient to withstand higher density development. It does not appear that the City has any interest or inclination to spend the money to make necessary improvements to Eighteenth Street which leaves him with grave concerns about the safety of individuals who might be living in the area if a rezone is approved. He understands the need for low income housing, but the City has ample property which is designated for medium density use and which is not being developed. Commissioner Schramm said the intended use is needed and necessary. However, he has the same concerns as everyone else that we can't continue to develop this area without giving support to the infrastructure, which the City has not done and does not appear to be intending to do. There is other land available, and to rezone land without appropriate infrastructure and need to increase the land supply for medium density housing should not be done. Commissioner Hewins agreed with the previous comments. Serenity House does the community a great service in all they do. However, there is plenty of other medium density residential zoned land within the City available for development. The infrastructure in the area does not support continued high density development. Commissioner Nutter agreed that Serenity House does a fantastic job of providing services to the community, but she felt that it is more important to protect the public and not have an accident, especially with children where there aren't sidewalks. Therefore, we must . .. . Planning Commission Minutes - Febroary J 3. 2002 Page J 4 make sure it is a safe area to live in by first requiring adequate infrastructure before allowing rezones for higher density development. Mr. Collins asked if he correctly understood that the majority of the Commission members believe that no further development accessing Eighteenth Street should occur until infrastructure improvements are made. Commissioner Hewins clarified that only rezones for higher density development should be restricted until improvements to Eighteenth Street are made. Mr. Collins asked if we would be protecting children walking along Eighteenth Street or only children who might live in any new development. Commissioner Porter emphasized that the City needs to do something with Eighteenth Street and unless the City is going to make the road safe for traffic, this type of proposal cannot be approved. Something needs to be done such that the City Council is aware of the problem and the situation is corrected to allow this type of project to be a possibility. REZONE APPLICATION - REZ 01-06 - CLALLAM COUNTY/CITY OF PORT ANGELES. 223 East Fourth Street and 321 East Fifth Street: Rezone of the east 6 lots of each government site that are incorrectly designated as Residential High Density and Commercial Office respectively. Each site should be identified as Public Buildings and Parks. Assistant Planner Sue Roberds reviewed the staff's report recommending approval of the rezone as proposed. [The Commission took a break at 9:30 p.m. The meeting reconvened at 9:40 p.m.] Following brief discussion, Commissioner Hewins moved to recommend approval of the rezone as proposed citing the following findings and conclusions: Findings Based on the information provided in the February 13, 2002 staff report for REZ 01-06, including all of the attachments, comments, information presented during the public meeting, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The proposed rezone was submitted by the City of Port Angeles Department of Community Development on behalf of the City of Port Angeles and Clallam County. A letter from Andy Meyer, Clallam County Planning Manager, indicates the County's agreement with the proposed rezone application. 2. The rezone would designate Lots 1 - 3 and 16 - 18, Block 67, and Lots 1 - 3 and 16 - 18 Block 170, Townsite of Port Angeles from RHD, Residential High Density and CO, Commercial Office, respectively, to PBP, Public Buildings and Parks. 3. A 1995 City wide rezone identified and rezoned most properties that were not in compliance with the City's Comprehensive Plan and Land Use Map. The two parking lot areas were overlooked in that rezone action. Plf/nning Commissioll Mill/lies - Febmary /3, 2002 Page 15 . . . 4. The purpose of the City's CO zone (Section 17.20.010 of the P AMC)" is a commercial zone intended for those business. office. administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. " The purpose of the City's RHD Zone (17.15.010 PAMC) "... is a high density residential zone for multi-family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible." The purpose of the City's PBP Zone (Section 17.40.010 of the PAMC) is " A zoning designation for publicly-owned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land designated may best be left as "green belts. " 5. All ofthe 12 lots are currently being used as parking areas for governmental services and serve as part of the City Hall and Clallam County Courthouse developments. The uses generate a great deal of traffic and observe extended hours of operation. 6. The rezone application was prepared on December 13, 2001 by the City Department of Community Development and was detennined complete on December 13, 2001. A Notice of Development Application was placed in the Peninsula Dailv News on January 18,2002, with a comment written comment period extending through February 2, 2002. No comments were received during the 15 day development application comment period. 7. The SEPA Responsible Official issued a Determination ofNon~Significance (DNS) on February 8, 2002, regarding this request. 8. The properties are designated as Commercial in the City's Comprehensive Plan and Land Use Map. The Department Staff Report for REZ 01-06 dated February 13, 2002, identifies the Comprehensive Plan's Land Use Element Policies Al and A.2., and D.l., as being the most relevant to the proposal. 9. Existing land uses adjacent to the subject properties are as follows: To the north: Peabody Creek and residential trailer park To the south: Office and residential uses To the east: Peabody Creek, office, and residential uses To the west: Public buildings 10. The Comprehensive Plan Land Use Map designations adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: Commercial and High Density Residential Commercial Open Space and Commercial Commercial . . . Planning Commission Minutes - Febroary J 3, 2002 Page 16 11. The zoning map designations adjacent to the subject properties are as follows: To the north: Commercial Arterial To the south: Commercial Office To the east: Public Buildings and Parks and Commercial Office To the west: Community Shopping District 12. The Planning Commission held a public hearing on the conditional use pennit proposal on February 13, 2002. Conclusions: Based on the above listed findings, the City of Port Angeles Planning Commission hereby concludes: A. The rezone would appropriately designate the governmental uses as public buildings and parks properties. B. As approved, the rezone is compatible with the surrounding neighborhood and is not adverse to the public use and interest. c. As approved, the rezone is consistent with the Comprehensive Plan Land Use Map and the goals and policies of the Comprehensive Plan, specifically, those identified in Finding No.6. D. This action constitutes a recommendation to the City Council, which has final authority. Commissioner Schramm seconded the motion which passed 6 - o. Director Collins asked to revisit the issue of findings and conclusions in support of the action on the SERENITY HOUSE REZONE 02-01. He suggested that staff be directed to return at the February 27,2002, regular meeting with findings and conclusions in support of the recommendation for denial to the City Council. Following discussion as to the intentions of the Commission, Commissioner Hewins stated that, if direction is given asking staff to prepare findings and conclusions in support of the Commission's recommended denial, the findings make very clear the position that the Eighteenth Street infrastructure is not developed to what the Commission believes is adequate to support the current uses and therefore cannot support any increase in density development and that Eighteenth Street is unsafe for cars and pedestrians. The Commissioners questioned whether the motion should be amended as the public that had been in the audience during the earlier action had left. Director Collins reminded the Commission that the issue is being considered as a public meeting, not a public hearing, and noted that the action ofthe Commission could be sent by mail to the parties of record, who had been in the audience. Commissioner Hewins asked that findings and conclusions be drafted that emphatically reflect that the Commission's reasons for a recommendation of denial to the City Council are . . . Planning Commission Minltles February 13. 2002 Page /7 based on the belieftbat the existing infrastructure in the subject area is inadequate and unsafe to support an increase in density. Commissioner Norton moved to direct staff to draft findings and conclusions for the February 27, 2002, regular meeting in support ofthe Commission's recommendation of denial of the REZ 02-01 and that those findings and conclusions be mailed to those parties of record. Commissioner Porter seconded the motion. Commissioner Schramm added that as each Commissioner had voiced their opinion as to their earlier vote and that acceptance of the findings and conclusions be a formality rather than a chance for more discussion. further debate. The motion passed 4 - 2. Commissioners Schramm, Porter, Philpott, and Norton voted for the motion, with Commissioners Hewins and Nutter voting against. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Director Collins reminded Commissioners about the land use liability training session being conducted by the Washington Cities Insurance Authority (WCIA) on Wednesday, February 20, 2002,3:30 p.m. to 6:00 p.m. in the City Council Chambers. He encouraged all Commissioners to attend. Mr. Collins also noted a memorandum from City Attorney Knutson regarding the court's action upholding the Planning Commission's decision in approval of the Highland Court conditional use permit. REPORTS OF COMMISSION MEMBERS The Commission welcomed Commissioner Rick Porter back to active duty on the Commission as he has been away for several months on active duty in the U.S. Air Force. Commissioner Norton noted that he will be absent April through May on vacation. Committioner Philpott noted that he will be on vacation mid June. Commissioner Nutter distributed the Port of Port Angeles Comprehensive Scheme of Harbor Improvements document and reminded others of the joint City/County Planning Commission discussion to be held on Saturday March 16,2002. ADJOURNMENT The meeting adjourned at 10;10 p.m. .~~~ Brad Collms, Secretary ~tt!.!:~ PREPARED BY: S. Roberds · FORTANGELES WAS H I N G TON. U. S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET .N Meeting Agenda of: 2- /1':0 JD }--- / I PLEASE NOTE: IE you plan to testify, by signature below, you cenify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE ou to testi - it on acknowled es our resence. . j Agenda Item No. "<" .