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HomeMy WebLinkAboutMinutes 03/22/1995 . e- . ~ AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 March 22, 1995 7:00 p.m. I. CALL TO ORDER II. ROLL CALL m. APPRO V AL OF MINUTES: Meeting of March 8, 1995 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BIBLE CHURCH. 116 Ahlvers Rd: Request to allow a Christian, school (K-12) in the RS-7. Residential Single-Family District in association with a ehurch activity. (Continued from the March 8, 1995 meeting.) 2. SHORELINE MANAGEMENT PERMIT - SMA 95(03)150 - BLACK BALL FERRY. Laurel/Railroad A venue: Request to allow the reconstruction of a warehouse and office building in the CBO, Central Business District, within a shoreline area. 3. ZONING CODE AMENDMENT - Commercial Parkine in Residential Areas. eity-wide: Amendment to the City's provisions regulating commercial parking in residential districts. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS vm. ADJOURNMENT PLANNING COMMISSION: Linda Nutter, Chair, Cindy Souders, Orville Campbell, Bob Winters, Bob Philpott, Bob King, Tim German STAFF: Brad Collins, Director. Sue Roberds Office Speci!list. David Sawyer, Senior Planner. . . . All correspondence penaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. 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 will be 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 Board, not the City Staff representatives present, unless directed to do so by the Chairman. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 22, 1995 7:00 p.m. ROLL CALL Members Present: Orville eampbell, Bob King, Linda Nutter, Bob Philpott Members Excused: Bob Winters, Cindy Souders, Tim German Staff Present: David Sawyer, Sue Roberds, Bruce Becker, Ken Ridout Public Present: Deanna and Rob Botero, Barney eaine, Lee Darling, Don Mudd. eynthia Raymond, David Stutzman, Bryan Harden. Laura Eyestone, Kim Campbell, Virginia Pennoyer, David Meyer, John McNutt. Rod Pence, Bill Lindberg . APPROVAL OF MINUTES Commissioner Campbell moved to approve the March 8, 1995, minutes with two minor typographical corrections. Commissioner King seconded the motion, which passed 4 ~ o. PUBLIC HEARINGS Chair Nutter announced that the order of the agenda would be to take Item No.2 fIrst. SUBSTANTIAL DEVELOPMENT PERMIT - SMA 95(03)150 ~ BLACK BALL FERRY. Southwest corner of the intersection of Laurel and Railroad Avenue: Request to allow the reconstruction of an office and warehouse structure in the eBD, Central Business District, within a shoreline area. Planner Sawyer reviewed the Planning Department report. Chair Nutter opened the public hearing. . Bill Lindberg, 319 South Peabody, answered questions from the Commission regarding the placement of the structure on the property and distributed an artist's sketch of the proposed development. The warehouse is for maintenance of the Black Ball Ferry and will provide an area for maintenance work and will contain storage materials as needed for that use. The building will be of metal construction softened along Laurel Street with a brick front. He concurred with staffs recommendation and agreed with the condition . . . Planning Ccmmi.5sion March 22,1995 Pag~ 2 proposed for approval. There being no further comment, Chair Nutter closed the public hearing. Commi~liioner Campbell moved to recommend approval of the shoreline substantial development permit to the City Council with one condition as follows: Condition: 1. The project shall meet the requirements of Chapter 14.40 of the Port Angeles Municipal Code and satisfy the requirements and concerns of the Public Works Department identified in their memorandum dated February 16, 1995. as follows: a) All existing driveways will be closed along Railroad A venue or be reconstructed to City standards. Sidewalks in the areas of driveway closure will be reconstructed to City standards. b) The following parking lot standards will be met: . (i) eurb stops will be placed along the westerly parking spaces to protect the fact of the adjacent building. (ii) It is assumed that the parking stall width is 8'6" minimum (with the stall angle 450) per City standard. This would be sufficient for the aisleway as shown on the submitted plans. (iii) Parking lot catch basins (2) will require oil/water separator "T"s. (iv) The handicapped parking stall will be placed on the east side of the parking lot to accommodate the individuals that would need it. citing the following fmdings and conclusions: Findings: 1. The applicant, Linberg Architects, on behalf of the property owner, Black Ball Transport, Inc.. applied for a Shoreline Substantial Development Permit on January 30. 1995. 2. A Determination of Non-Significance (DNS) was issued by the City of Port Angeles' SEPA Responsible Official on February 10. 1995. 3. The eity received no appeals on the DNS during the allotted time period which ended February 20. 1995. 4. The application and hearing process was advertised in accordance with the legal requirements of the eity of Port Angeles and the State of Washington. 5. The application is to construct a combined office and warehouse facility for use by the COHO Ferry terminal with the office space to be leased out. . . . Planning Commlssion March 22.199$ Page 3 6. The Port Angeles Shoreline Master Program. Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 7. The site is designated eommercial in the City's Comprehensive Plan, CBD, Central Business District, in the City's Zoning Ordinance, and Urban Environment in the City's Shoreline Master Program. 8. Appeal of the City eouncil's decision regarding Shoreline Substantial Development Permits is final unless appealed. Conclusions: A. As conditioned. the project is consistent with the eity's Comprehensive Plan Land Use Policy F.l., the City's eBD Zone, and the City's Shoreline Master Plan Urban Environmental Policies e.1. and 4., and F.18. B. As conditioned, the project will not be detrimental to the shoreline. C. This decision is based on the information provided in the staff report including all of its attachments. comments and information presented during the public hearing and the Planning eommission's discussion and deliberation. Commissioner King seconded the motion, which passed 4 - O. CONDmONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BffiLE CHURCH - 116 Ahlvers Road: Request for a conditional use permit to allow a ehristian school (K -12) to be located in an existing church in the RS- 7, Residential Single-Family District. (Continued from March 8. 1995.) . Planner Sawyer reviewed the Planning Department's report. Chair Nutter opened the public hearing. Rod Pence, 2101 Driftwood Place, Administrator of Independent Bible Church (IBC). stated that churches have very beneficial effects on a community's population. Approximately 1,000 people attend church services on Sunday at this facility. with a congregation of over 2.500 people. The church presently affiliates with the Olympic Christian School (OSC) which is located in the old Fairview School building on 0' Brien Road. The school has outgrown the facility and the desire is to locate within the me building during the week under standard school operating procedure. Staff arrives at 7: 30 a.m. with activities to approximately 3:00 p.m., for grades kindergarten through high school. Mr. Pence concurred with the Planning Department's recommendation with the exception of the requirement proposed by the Public Works Department concerning bringing the building into compliance with the Americans with Disabilities Act (ADA) for the school use. The existing church building was not constructed to ADA standards even though those requirements were in place at the time of construction. eompliance with ADA requirements at this time would be an unnecessary burden at this time. The Planning Commission March 21,1995 Page 4 . church may not be the ultimate location for the Olympic Christian School as enrollment is growing at a rapid rate. This is proposed as a temporary location for relief of the overcrowding at the current facility at this time. David Stutzman, 2399 Black Diamond Road, school principal, indicated enrollment at OCS has been approximately 95 students grades K - 8 for the past three years. Thirty to 40 new students have applied for the 1995-96 school year. The school is looking at use of the church facility as a temporary use to accommodate the present enrollment and anticipated growth rate. The church was not designed for school use. Mr. Stutzman responded to Commissioner Campbell that there are no plans to remodel the existing church facility for school use. He noted that the plan is to add one high school grade per year up to grade 12 depending on enrollment demands. Students would use the first floor of the church building, but if need be, the second floor could also be used. . Rod Pence responded to Chair Nutter that the play area would be protected with flagged cable barriers to block vehicular access. Mr. Stutzman answered that late evening or late afternoon classes are not probable. Faculty arrives at 7:30 a.m. and remain until approximately 3:30 p.m. One bus is used at the O'Brien Road school site which carries 44 students. Approximately half the students arrive by carpool. It is anticipated that school use will be from late August to mid June each year with no school functions on Saturday or Sunday. Bryan Barden, 201 E. Ahlvers Road, lives about 200 feet from the present church facility. There is a Christian school presently located at the east end of Ahlvers Road (Calvary Baptist School) which causes no problems to the neighborhood. He does not have children who would attend the school but is a Church member. He urged approval of the school use as requested. David Meyer, 103 Viewcrest, resides approximately one block to the north of the present church site at a busy intersection where traffic converges in association with a second Christian school use in this area (Lighthouse ehristian School). He spoke in favor of the proposed IBe school and notices no adverse effects from either of the other two current Christian school uses in the neighborhood at present. Laura Eyestone, 4308 Old Mill Road, spoke in favor of the use. She is a Church member who has lived at the current address for six years. Other church schools located in the direct area have never interrupted neighborhood activities to her knowledge. There is plenty of room on the ehurch grounds and the area to the west of the Church is vacant so the use should not bother the neighborhood. . Kim Campbell, 3510 Galaxy Place, a neighbor and ehurch member, has children who would attend the school. She spoke in favor of the use. Virginia Pennoyer, 104 Oakcrest, spoke in favor of the use and felt it would be a great asset to the community. Planning Commission March 21, 1995 Page S . Barney Caine, 3518 Galaxy Place, spoke at length regarding the history of the Church as an adjoining neighbor and his concerns regarding earthquake possibility for this area and increased traffic impacts associated with the church use. and the intended school use. Although there have been differences of opinion over the past years regarding landscaping and buffering, ultimately he did not object to the school use if conditions are attached to assure minimal impact to the neighbors, traffic. and safety of the children using the parking area for a playground. . Deanna Botero, 3514 Galaxy Place, stated that she has experienced concerns regarding the Church being good neighbors since her residency on Galaxy Place. She also expressed concern about the supervision of the children in the playground area which also serves as a parking lot, concern that trash is not contained and spreads over the property at present and can only increase with the advent of weekday use of the site by a large number of children. If the use is approved, she asked that the Church concentrate on being better neighbors by better property maintenance, ensuring that parking for the use is contained within the confines of the Church property. and that noise from the use be better controlled to reduce unnecessary disturbance to the surrounding residential uses. She was aware that the Church would occupy the site when she bought her property, but at that time the congregation was smaller and the problem with traffic was not as it is at present with the significant increase in the congregation. . In response to Chair Nutter, Mrs. Botero answered that parking is only a problem on Sundays. as the facility is basically used on that day at present. The parking lot is heavily used by neighborhood children and high school youth after hours. There is no fence on the ehurch property separating it from the neighbors. Cynthia Raymond, 3604 Galaxy Place, was concerned about the increase in the noise level and traffic congestion should the additional use be approved. There is a need for a traffic light or a directional officer on Sunday at present due to the degree of congestion when scheduled activities cease. With the addition of a school use, that congestion would continue during the week as welL She expressed concern that the parking lot/playground area would not be safe as the proposal does not allow for an adequate separation barrier between vehicles and the play area. The parking lot is frequently used after hours for vehicular activities by teenagers which can be very disruptive to the surrounding neighbors. Because of her previously stated concerns, she asked that the use be denied. . Rob Botero, 3514 Galaxy Place, stated that the ehurch does not maintain its property in a manner consistent with other surrounding developed properties. Maintenance of Church property is done on a voluntary basis. Weeds grow 6-7 feet tall during the growing season and he has frequently cut them down in the area of his property as well as cleaned up scattered trash from the ehurch property. There is no fence on the Church property for adequate separation and there are times when the children taunt the neighborhood dogs through the fences that the neighbors have erected. That annoyance and potentially dangerous situation would worsen if not attended to by supervision of the school children and/or a permanent separation such as a fence were put in place by the ehurch along those adjoining properties. . . , Planning Commission March 22, 1995 Page 6 Don Muddt 3507 Galaxy Place, stated that although he knew of the church use when he purchased his property. he inquired and was assured that a school use would never happen at the site. The traffic has increased dramatically in the past three years in association with the church use at this location. It is very dangerous to walk on roads leading to and from the site on Sundays. The Church has acquired property to the rear of the present facility and he is concerned that that acquisition may be for expansion purposes. Who will make improvements to Laurel Street and Ahlvers Road which will be needed due to the increase in use? Upgrades will be necessary but shouldn't be required of neighbors if the increase is due to Church use. He was very sure that he had been told prior to purchase of his property that there would not be a school use in association with the planned Church use. He asked that someone confirm that information. Lee Darling, 3515 Galaxy Place, agreed with the previous neighborhood concerns regarding increase in traffic, noise, and future upgrades to the utilities in the area due to . the increased usage. Barney Caine added that the use would also cause an increase in sewer usage if the site is now to be utilized six or seven days a week as opposed to its previous usage being mainly on Sunday. Rod Pence apologized to the neighbors for the Church not reaching good neighbor status. The Church administration has been concerned over the unauthorized after hour use of the parking area. He once again asked that the ADA standards not be required for use of the current facility as a school. Handicapped children will be attended to on the first floor which is handicapped accessible. . Ken Ridout, Deputy Director of Public Works. added that if ADA accommodations exist on the first floor for handicapped accessibility, upgrade would not be required for the second floor. This is with the understanding that handicapped students will be attended to on the first floor. If the second floor is used for handicapped students/persons, the second floor would have to be upgraded to ADA requirements. Rod Pence, stated that during his tenure with the Church he has never heard definitive discussion as to a proposal for a school until recently. The Church does not subsidize the school activity. The school would prefer to stay where it is but if that is not possible, he would not guarantee that the ehurch would not ask to construct a school facility on Church property at a future time. However. there are no plans at present for such school construction. He recognizes there has been difficulty in grounds maintenance and noise control and stated that the Church would endeavor to do better. He asked that the use be approved as proposed. There being no further testimony, Chair Nutter closed the public hearing. The Commission took a break at 9:05 p.m. The meeting reconvened at 9: 15 p.m. Planner Sawyer clarified that the application request is for grades K-12 with a maximum . . . Planning Commission March 22. 1995 Pag~ 7 of 150 students. The traffic report submitted by the applicant was prepared by two engineers who are State certified in their field. Only school generated traffic was considered, not the cumulative school/church impact. He recommended the addition of a seventh condition to address the concerns expressed by the neighborhood regarding landscaping and separation needs. Deputy Director Ridout further elaborated on ADA requirements and exceptions. Buildings constructed during the past 20 years have observed earthquake development construction standards. In response to Commissioner Philpott, Mr. Ridout suggested that a row of double barriers or permanent fencing be placed to protect children while in the playground area. Commissioner King stated some concern with a limitation as to the hours of use for the school activity, as it has been his experience in serving on service boards that there are some activities which occur outside of normal classroom activities which should also be allowed in association with school uses. Given the concern expressed by the neighbors and that the use is considered to be temporary in nature, there was discussion over the possibility of approval based upon a time frame for review of the progress of the use. Following continued discussion regarding concerns expressed by the neighbors, limitation of the hours of school activities. better communication with the neighbors, and playground separation, Commissioner Campbell moved to approve the conditional use permit with the following conditions: Conditions: 1. All concerns identified in the Public Works Department memorandums dated December 20, 1995, and March 3, 1995. as follows shall be addressed to the satisfaction of the Public Works Department. a.) Barrier free requirements of the ADA must be met if the second floor is used for classroom activities. b.) A floor plan showing rooms being used for classrooms will need to be submitted to the Building Division for review and approval. Issues of ingress/egress. adequate restrooms, handicap accessibility, and life safety requirements will be addressed in the review including special requirements for accommodating children from pre-school through second grade. 2. Use of the parking lot for a play area shall be reduced by moving the north line of the proposed play area within the parking lot 18 feet to the south. 3. The play area shall be separated from the rest of the parking lot by a means sufficient to prevent vehicle movement into the play area. . . . Planning Commission March 22, 1995 Page 8 4. The proposed school shall meet all Federal, State and local regulations for private schools. 5. School sessions are limited to mid August to mid June. Monday through Friday. approximately 7;30 a.m. to 3:30 p.m. 6. Student capacity at this location shall be a maximum of 150 students. 7. The applicant shall fence and screen from view of the adjacent neighborhood residents by a lO-foot landscape buffer area the east side of the play area. The landscape buffer area shall be landscaped with vegetation sufficient to minimize any significant negative impact and shall be maintained with a clean and healthy conditions. 8. The conditional use permit will remain valid for a two-year period at which time a review will be done to determine if concerns expressed by the neighborhood have been addressed in an acceptable manner and if the use will continue at the site. For the purpose of review, additional conditions may be imposed based on the actual impact of the school use to the neighborhood. Findings: 1. The request is to allow operation of a private school use utilizing the existing church facilities at 116 Ahlvers Road as proposed in Attachment A. 2. The subject property is zoned RS-9. Land uses adjacent to the subject site are as follows: To the north; single family residences; To the south: primarily vacant acreage; To the east single family residences; and To the west primarily vacant acreage. 3. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Plan policies which have been identified as being most relevant to the proposal are contained in the staff report. 4. The proposed use will consist of ten classrooms. an auditorium, a lunch room. an office and restrooms. 5. Section 14.40.050(M) of the Port Angeles Municipal Code states "elementary schools shall provide 1 parking space for each classroom, junior high schools shall provide 3 parking spaces for each classroom, and senior high schools shall provide 6 parking spaces for each classroom." 6. The proposed school will serve grades K - 12 and there is no break down of grade per classroom at this time. . . . Planning Commission March 22, 199$ Page 9 7. A Determination of Non-Significance was issued for the project on February 24, 1995. 8. A Conditional Use Permit was issued for the existing church facility and operations on January 5, 1988 [CUP87(12)27]. 9. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 10. A traffic analysis report was prepared for this application and is attached to the staff report as Attachment G. 11. Section 17.96.070(C) of the Port Angeles Municipal Code states: "1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the eity eouncil. 2. Appeals shall be submitted to the Planning Department, in writing, within fifteen (15) days following the date of the decision." Conclusions: A. As proposed, the increases to midweek Average Daily Traffic generated by this proposal are minor. B. As proposed. there will be no significant reduction in travel speed/time due to this proposal. C. As proposed, the use does not significantly impact the level of service on adjacent streets. D. As conditioned, the proposed use is compatible with the surrounding low density residential uses and the intent of the RS-9 zone. E. As conditioned, the eonditional Use Permit is in the public use and interest and is not detrimental to the public welfare. F. The proposal is consistent with the Comprehensive Plan. G. This decision is based on the information provided in the staff report including all of its attachments. comments and information presented during the public hearing, and Planning eommission discussion and deliberation. Chair Nutter clarified that her understanding of Condition No. 5 is that the stated hours of operation are intended to specify the normal time periods of classroom activities, not to limit normal after school activities from occurring at the site. The maker and second of the motion concurred. The Commission took a break from 10:00 p.m. to 10:05 p.m. . . . Planning Commission March 22, 199J Page 10 Commhosioner King seconded the motiont which passed 4 - O. ZONING CODE AMENDMENT - ZCA 95(03)02 - COMMERCIAL PARKING IN RESIDENTIAL AREAS. Residential Zones City-wide: Regulations clarifying the use of residential streets for commercial activities. Planning Office Specialist Sue Roberds reviewed the Planning Department's memorandum on the issue and answered questions from the eommission regarding the background of the amendment. It was noted that this amendment is intended to further clarify an amendment made earlier in the year dealing with habitual misuse of eity streets in residential areas and the use of the street for uses which should be located in commercially oriented areas leaving available parking to more typically residential uses. Chair Nutter opened the public hearing. There being no one to comment, she then closed the public hearing. Following further discussion with staff as to the results of the proposed amendment, Commissioner Philpott moved to approve the proposed Zoning Code Amendment citing the following findings and conclusions: Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposal. The following goals and policies have been identified as being most relevant to the amendments: Land Use Element Goals B, C, and D. and Policies e.!. 2. The City adopted a previous Determination of Non-Significance issued on December 5, 1994, for a similar proposal and adopted for this proposal on March 21, 1995. 3. The City has received a significant number of complaints concerning commercial vehicles in exempt home occupations negatively impacting single-family neighborhoods. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the eomprehensive Plan Goals and Policies, specifically those found in Finding No. I. C. The Zoning Code Amendment is consistent with the intent of ehapter 17.86 (Home Occupations) of the Port Angeles Municipal Code. Commissioner King seconded the motion, which passed 4 - O. Planning Commission March 22, 1995 Page 11 . COMMUNICA TIONS FROM THE PUBLIC: None. STAFF REPORTS Planner Sawyer reported to the Commission regarding the deadlock situation at the City Council level regarding the Serenity House rezone proposal. The matter will be finaled at a special Council meeting on March 28. 1995. The Clallam County Regional Port Angeles Watershed Plan will be discussed at that meeting as well. He also noted that March 31 is the deadline for Comprehensive Plan Amendment proposals. None have been formally received to date. The amendment procedure was briefly discussed. REPORTS OF COMMISSION MEMBERS Chair Nutter requested that eommission members forward their suggestions on how to deal with. set up and conduct, public hearing for continued review of the Zoning Map for compliance with the Comprehensive Plan Map. Time is growing short and the need is upon the City to bring the two maps into compliance. Chair Nutter will meet with staff to discuss suggestions and try to work out staff time and assistance in the matter. . ADJOURNMENT The meeting adjourned at 11:05 p.m. ~~~sec~ Linda Nutter, ehair . PREPARED BY: S. Roberds 1t PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster ---- Meeting Date: ~ A-R1 ~ /99..1Y