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Minutes 04/13/1994 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 April 13, 1994 7:00 P.M. I. CALL TO ORDER II. ROLL CALL ill. APPROV AL OF l\fiNUTES: Minutes of the Regular Meetings of February 23, 24 and March 9, 1994. IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 94(04)3 - PORT ANGELES BREWING COMPANY. 140 West Front Street: Request for a conditional use permit to allow a microbrewery in the CBD, Central Business District. 2. SHORELINE MANAGEMENT PERMIT - SMA 94(04)140 - CITY OF PORT ANGELES. Ediz Hook: Request for a shoreline management permit to extend utility services including sewer and telecommunications, in the M-2, Heavy Industrial District. 3. ZONING CODE AMENDMENT - ZCA 94(04)01 - FRIZZELL. City- wide: Proposals to amend the City's zoning regulations to allow the sale of marine supplies, and retail uses incidental to uses permitted as conditional, in the LI, Light Industrial District. 4. ANNEXA TION REOUEST - ANX 94(02)01 - RONE' etal. East of Golf Course Road between Lindberg and Maddock Roads: Request for annexation of approximately 37.96 acres of property. s. REZONE REQUEST - REZ 94(04)01 - ALBERTSON'S. Request to rezone property from RS-7. Residential Single- Family. to CSD. Community Shopping District. located between Laurel and Lincoln Streets. south of Lauridsen Boulevard. Members: Carl Alexander, Chair, Orville Campbell, Vice-Chair, Bob Winters, Cindy Souders, Bob Philpoll, Linda Nuller and Tim Gennan. Planning StatT; Bl'lId Collins, Dire<:tor; John Jimel'llon, Associate Planner; Sue Roberds, Office Specialist, David Sawyer, Sr. Planner. . . . 6. STREET V ACA nON REQUEST - REZ 94(04)01 - ALBERTSON'S. Request to vacate a portion of San Juan Avenue. lying between Laurel and Lincoln Streets. south of Lauridsen Boulevard. V. COMMUNlCA TIONS FROM THE PUBLIC: VI. STAFF REPORTS: VD. REPORTS OF COMMISSION MEMBERS: VID. ADJOURNMENT All correspondence penaining to a hearing item received by the Planning Depanment 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). Otber 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 April 13, 1994 7:00 p.m. I. CALL TO ORDER Chair Alexander called the meeting to order at 7:04 p.m. II. ROLL CALL Commissioners Present: Bob Philpott, Carl Alexander, Orville Campbell, Cindy Souders, Linda Nutter, Bob Winters and Tim German. Commissioners Excused: None Staff Present: Brad Collins, John Jimerson, Sue Roberds, Gary Kenworthy, Jim Mahlum, Ron Johnson and Bruce Becker. . Public Present: David Noonan, A.J. and Laura Horrocks, Tamsan Harmon, Beulah Dier, Esther Fox, Irene Wylam, Ray and Cheryl Peters, Ed Tuttle, Michael Bidwell, Ray Beaumariage, Fred Morrison, Caryn Wilkeson, Pat Woods, Susan Feiro, Charles Woods, Bill Lindberg, Marie Greubel, Frank and Marie Paynter, Darlene Ryan, Roger and Ok Sovde, Carol Brown, John Miller, Gail Frick, Ed and Dorothy Richardson, Paul and Arlene Lamoureaux, Dan Smith, T. Karges, Roger Meehan, Gail Gilbert, Lucy Nordwell, Ann Kennedy, Don McInnes, Cheryl Baumann, Sheila Sell, Robert Kennedy, Cathleen Lucero, Brad Boudreau and Kurtis Lorentzen. Chair Alexander welcomed Commissioner Tim German to the Commission. ill. APPROVAL OF MINUTES Commissioner Winters moved to accept the February 23, 1994, minutes as presented. Commissioner Nutter seconded the motion, which passed 6-0, with Commissioner . German abstaining. Commissioner Campbell moved to accept the February 24, 1994, minutes as typographically corrected by Commissioner Philpott. Commissioner Souders seconded the motion, which passed 6 - 0, with Commissioner German abstaining. PLANNING COMMISSION MINUTES April 13, 1994 PAGE 2 . Commissioner Philpott moved to accept the March 9, 1994, minutes with the notation that Commissioner Catts had listened to the tapes and was therefore able to participate in the discussion concerning the Capital Facilities Element and Comprehensive Plan. Commissioner Nutter seconded the motion, which passed 5 - 0, with Commissioners Winters (due to absence) and German abstaining. Chair Alexander explained the public hearing procedure to those present. IV. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 94(04)3 - PORT ANGELES BREWING COMPANY. 140 West Front Street: Request for a conditional use .permit to allow a microbrewery in the CBD, Central Business District. Commissioner Winters was excused from the proceeding due to appearance of fairness as he is a close friend of the applicant. John Jimerson reviewed the Department Report which recommended approval of the request with two conditions. Chair Alexander opened the public hearing. . Mike Schueler, 1115 S. Vine Street, representing the applicant, answered questions from the Commission regarding proposed delivery to and from the site, and the level of operation of the micro brewery. He stated that the maximum production for a microbrewery is no more than one thousand kegs per year. Parking is available on Oak and Front Streets, he stated. Delivery will be to the alley entrance. Haidee Hampton, 117 North Oak Street, owner of the adjoining property to the south, questioned the potential for odor in a brewery operation as it may affect the beauty shop which is located in her building to the south and west of the proposed site. She also requested information concerning the sewer hookup location for her building and the proposed building. Gary Kenworthy, City Engineer, was not prepared to answer her questions but encouraged Ms. Hampton to seek the answers from the Public Works Department. Commissioner Alexander asked Brad Collins if the potential for odors was considered in the staffs evaluation. Mr. Collins answered that odors were considered in the environmental review of the project. The applicant indicated there would be some smell resulting from the brewery, but it should not be more than that generated from other restaurants. Some people consider brewery odors to be more pungent than normal food odors. He stated that initial review indicates the resultant odors should not be out of the ordinary for a restaurant use. . Ms. Hampton asked that the applicant be cognizant that deliveries to her building occur along Oak Street. She requested that the parking area/sidewalk along Oak Street, west of her building be made available for deliveries such as heating oil. There being no further testimony, Chair Alexander closed the public hearing. . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 3 Commissioner Souders moved to approve the conditional use pennit citing the two conditions, findings and conclusions as noted by staff as follows: Conditions: 1. Prior to occupancy, the applicant shall have a pre-treatment survey conducted by the Public Works Department. 2. The facility shall comply with state and local fire codes which require automatic sprinkler and fire alarm systems. Findings: 1. The request is to allow a microbrewery in conjunction with a restaurant at 140 West Front Street. 2. The first floor of the building contains 8,300 s.f. Of that, 3,300 s.f. will be for a retail store, 2,900 s.f. will be devoted to bar and restaurant seating, 1,260 s.f. to kitchen facilities and 800 s. f. to the brewing equipment and entry. About 400 s.f. of the basement will be used for brewing equipment. 3. Initially, the beer brewed will be for on-site consumption only. In the future, the brewing operation may expand to allow for sales of kegs to local restaurants and taverns and bottled beer on-site. This will require an additional 2,000 s.f. of the basement for fermenting tanks and a bottling line. 4. The property is zoned Central Business District (CBD). The Comprehensive Plan also identifies the site as CBD. 5. The site is non-conforming with respect to parking. The parking ordinance exempts the change of use from triggering additional required parking. 6. The site is located in the Parking and Business Improvement Area (PHIA). The PBIA provides parking lots in close proximity to the west and east of the site. 7. The Victoria ferries are within about two blocks of the site. 8. The land uses in the area are predominantly commercial, with a row of pedestrian oriented retail establishments located between the ferries and the site. 9. A Determination of Non-Significance was issued for the project on March 9, 1994. 10. Several Comprehensive Plan Policies have been identified as being most relevant to the proposal including Goals Nos. 2 & 3; Commercial Policies Nos. 1, 6 & 10; Circulation Policy No. 18; Industrial Policies Nos. 5 & 7 and Land Use Objectives Nos. 1, 2 & 5, Economic Objective No.1 and Land Use Objectives 1 & 2. . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 4 11. The conditional use permit is approved based on Section 17.28 . 160(N) Port Angeles Municipal Code (PAMC) "Other uses compatible with the intent of this Chapter. Conclusions: A. The proposed use is compatible with the surrounding commercial uses and with the intent of the CBD zone. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the Comprehensive Plan central business district designation and those policies listed in Finding No. 10 above. Commi~sioner Campbell seconded the motion and raised the issue of storm drainage in the Downtown. Gary Kenworthy stated that the City would be spending considerable money over the next ten years providing new storm water facilities. Chair Alexander further questioned Mr. Schueler about generated odors. Mr. Schueler, 1115 South Vine Street, responded that typically a microbrewery emits an emission of roasted hops which is a sweet smell that is enjoyed by some and not by others. The beer is brewed in the early morning hours and may be recognized as early as 8 a.m. The brewing process takes a week but a very light smell could be evident for a couple of hours each morning. Mr. Collins indicated that the SEP A environmental checklist states that brewery waste vapor would be recycled and used in cogeneration. The intention appears to not have a lot of odor from the brewery itself. Mr. Schueler was not aware of construction procedures that would involve Mrs. Hampton's business south of the proposed site structure. It would not be a problem to consult with Mrs. Hampton during the reconstruction process. Deliveries will be to the rear of the proposed structure, not in Oak Street, and would not therefore hinder deliveries to Mrs. Hampton's property. The question was called for and passed unanimously. John Jimerson explained that the decision is fmal unless appealed within fifteen days of the decision to the Planning Department. Commissioner Winters returned to the meeting room. PLANNING COMMISSION MINUTES April 13, 1994 PAGE 5 . SHORELINE MANAGEMENT PERMIT - SMA 94(04)140 - CITY OF PORT ANGELES. Ediz Hook: Request for a shoreline management permit to extend utility services including sewer and telecommunications, in the M-2, Heavy Industrial District. John Jimerson reviewed the Department Report recommending approval of the shoreline management permit subject to one condition. Mr. Jimerson noted that the condition regarding archaeological materials is the City's standard condition in areas where artifacts may be found. The City has been working with the Lower Elwha S'Klallam Tribe to allow a City inspector to monitor the site rather than to hire a professional archaeologist for the work. There has not been an agreement to date. Gary Kenworthy, City Engineer stated that Ron Johnson, the City's Engineering Inspector, has a long history of supervising engineering sites where archaeological artifacts might be present. He is very aware of the sensitive nature of these areas and is trained in what to look for and when to cease work until a professional archaeologist can make a determination as to procedure. Considerable cost savings could be realized if Mr. Johnson were able to oversee the work at this level. If an archaeolgist is required on-site during the entire project that cost would have to be added to the bid and may result in th~ work not being done at this time. . Mr. Collins responded to Commissioner Souders that the Department proposed that the condition requiring an archaeologist would be contained in the shoreline approval, not in the SEPA determination. The Tribe would like the condition in the SEPA determination. The City would like the Tribe to approve of Mr. Johnson's credentials and would like to work with the Tribe on shoreline projects in the future. Chair Alexander opened the public hearing. Beverly Bennett, Chairperson ofthe Lower Elwha S'K1aIlam Tribe, 125 Hupt Road, indicated that the Tribe had appealed the SEPA Determination of Non-Significance by attempting to point out deficiencies in the environmental checklist and suggesting an approach to mitigation. The City's response does not m~t those objectives. The proposed sensitivity training by City inspectors is appreciated, but standard archaeological procedures requires the presence of a trained archaeolgist. In order to comply with State and Federal law protecting cultural resources, it will be necessary to at least have an initial cultural resource assessment by a professional archaeologist and representatives of the Tribe, City and property owner to determine the extent of monitoring necessary during construction on Ediz Hook. Commissioner Souders asked Ms. Bennett if she heard correctly that the Tribe had appealed the City's Determination of Non-Significance (DNS). . Ms. Bennett conferred with Carol Brown, from the audience, who stated that the comment made to the City on March 6, 1994, should be considered an appeal. Mr. Collins responded that the City would like to work with the Tribe on the issue but was not aware that the comment made was an appeaL The SEP A appeal procedure is specific and relatively simply. No appeal fee was received because the comment was PLANNING COMMISSION MINUTES April 13, 1994 PAGE 6 . taken as input rather than a formal appeal. If an appeal is received to the shoreline permit it could mean a delay of up to two years. The condition of approval proposed by staff would be consistent with the comment received from the Tribe. He understood Ms. Bennett's testimony to indicate that the Tribe would like to have a licensed archaeologist to do an evaluation of the site, not necessarily monitor it through construction, but to evaluate it to determine the monitoring need. Gary Kenworthy indicated that if the work is not completed by September, 1994, the grant money will not be available. An archaeologist might be added as an alternate bid item if permitted by the state. Mr. Collins noted that the language proposed in the staff report is consistent with the archaeological agreement which was reached with the Tribe and Daishowa America, when recent construction activity was performed by shoreline permit at the Daishowa America Mill site. Commissioner Souders asked if the Tribe agrees with the City's standard condition regarding archaeological monitoring. . John Miller, Self-Governance Officer, Lower Elwha S'Klallam Tribe, 2851 Lower Elwha Road, testified that the City's proposed wording is a close approximation to what would satisfy the Tribe. He requested that "alII! excavation activities be monitored. Commissioner Nutte~ asked if the Tribe would feel comfortable with adding the wording "or a mutually agreed upon alternative approach" to the proposed condition. Mr. Miller responded that the Tribe feels that the cultural and archaeological resources on Ediz Hook are of such significance that the Tribe is very sensitive about the manner in which this will be handled. He did not feel that he could speak for the Tribe as to alternative wording to the proposed condition. He felt the Tribe and the City could work together toward a mutually acceptable conclusion. Ms. Bennett invited the Planning Commission to meet with the Tribal Council to discuss some issues. She could not accept alternate wording without counsel with the three other Tribal Council members. There being no further testimony, Chair Alexander closed the public hearing. Commissioner Winters moved to forward a favorable recommendation of the shoreline permit subject to the one condition as proposed in the staff report with the word "all" as requested by the Tribe, and citing the fmdings and conclusions as follows: Conditions: . A. The applicant shall retain a qualified archaeologist to monitor all excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 7 Findings: 1. The approval is for installation of a sewer line along the waterfront trail on Ediz Hook, extending from the BP Oil tanks to the Coast Guard base. 2. The project involves placing the sewer line in a trench~ roughly two feet wide and 4.5 feet deep. 3. The base of Ediz Hook was previously occupied by a S'Klallam Village. 4. The Port Angeles Shoreline Master Program~ Comprehensive Plan and Zoning Ordinance have been considered in review of this application. 5. The shoreline classification for this site is "Urban". The Comprehensive Plan and Zoning Ordinance identify the site as heavy industrial. 6. There are urban uses on Ediz Hook, but none are served by a sanitary sewer. Conclusions: A. As conditioned~ the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulation C.3; Land Use Element D.7; Natural Systems E.2; Use Activities F.7. and F.18. B. The proposal is consistent with the Port Angeles Comprehensi ve Plan~ specifically Goal No.3, Industrial Policy No. 2~ Community Facilities and Services Policy No.2, and Economic Objective No.2. C. As conditioned, the proposal will not be detrimental to the shoreline. Commissioner Souders seconded the motion~ which passed unanimously. Commissioner Winters asked for clarification on issues relating to the National Historic Preservation Act of 1966. Discussion with staff on the City's intent and Tribal concerns ensued. Speaking for the Commission, Chair Alexander indicated that the Commission's intent is not to stop the process that is going on between the Tribe and the City but to reassure the Tribe that their concerns are taken seriously and that there will be a qualified person to perform the monitoring. Mr. Philpott commended City staff in planning the construction activity in a manner such that the underground work is done prior to the paving which will mean the area will only be disturbed once. The question was called for and passed unanimously. It was noted that this item would go to the May 3, 1994, City Council meeting, and that the issue will not be a public hearing at that time. PLANNING COMMISSION MINUTES April 13, 1994 PAGE 8 . The Commission took a break at 8:35 p.m. The meeting reconvened at 8:50 p. m. ZONING CODE A:MENDMENT - ZCA 94(04)01 ~ FRIZZELL. City- wide: Proposals to amend the City's zoning regulations to allow the sale of marine supplies, and retail uses incidental to uses permitted as conditional, in the M-2, Heavy Industrial District. John Jimerson reviewed the Department Report which recommended approval of a Code Amendment with modification to the wording proposed by the applicant. Chair Alexander opened the public hearing. Craig Miller, 230 East Fifth Street, represented the applicant. He basically concurred with the Department's recommendation with the exception that the applicant's proposal is to outright permit those retail uses incidental to permitted uses where staffs modification proposes incidental retail uses by conditional use permit in the Heavy Industrial District. The staff has also suggested wording which would require the retail use must be on the same zoning lot. From a general planning sense it is legitimate to suggest that incidental retail uses be located on the same zoning lot. In the specific case relative to the applicant that doesn't apply. . Mr. Miller answered Commissioner Campbell that staffs recommendation would allow his client to do what he wants to do in the M-2 District, but not without having to be approved for a conditional use permit. Mr. Collins responded to a question from Chair Alexander that there are some inconsistencies in the M-2 zone in that some retail uses are permitted outright. Retail uses should not be outright permitted uses in an industrial zone. It is more appropriate to allow for retail use in industrial zones by conditional use permit. There is a very limited number of retail uses permitted in industrial lones. When the Code is revised in the future the currently permitted retail uses should become conditional uses. He agreed with the applicant that the current wording is inconsistent at present. It is appropriate to have some retail uses incidental to permitted uses in industrial zones by conditional use permit. The staffs proposed wording allows for consistency in those retail uses. Tamsan Hannon, 218 Whidby Avenue, stated that the term "marine supplies and retail uses" is a broad definition. She asked if these items would be limited to marine supplies and retail sales when incidental to commercial sport fishing or pleasure boating, or do they include the broader area as applies to tankers, stevedoring, strike down tanks and similar types of uses. . Mr. Collins answered that the industrial activities referred to would be appropriate within the M-2 zone. Retail sales associated with those activities should be looked at by conditional use in order to ensure compliance. Chair Alexander noted that marine supplies is a broad undirected term. The conditional use permit approach would help to direct and ensure appropriate incidental uses in the industrial district. PLANNING COMMISSION MINUTES April 13, 1994 PAGE 9 . Craig Miller, 230 East Fifth Street, responded that there are permitted uses other than marine supplies in the M-2 zone which could also be considered broad in nature. There being no further discussion or public testimony, Chair Alexander closed the public hearing. Commissioner Nutter moved to forward a recommendation to Council to amend the M-2, Heavy Industrial District (17.34) of the Port Angeles Municipal Code to add "Retail sales incidental to uses permitted under Section 17.34.020 " citing the fmttings and conclusions noted in the Department Report. Commissioner Philpott seconded the motion for discussion. The Commission began a lengthy discussion on the alternatives and results, pros and cons of conditional use versus pennitted retail uses, and whether the incidental uses should be restricted to the same zoning lot as the permitted use in the M-2 district. Commissioner Campbell expressed concern that outright permitted retail sales uses in the M-2 industrial area could allow a large retail segment in the zone which then could result in restrictions on the intended industrial uses to accommodate those retail uses. The question was called for but failed 5 - 2. . Commissioner German stated that with the wording proposed by staff the industrial uses are protected and those retail uses proposed can be reviewed by conditional use permit to ensure they do not overwhelm the permitted industrial uses. Commissioner German moved to forward a recommendation to the City Council to amend Section 17.34.040 of the Port Angeles Municipal Code adding "Retail uses incidental to a use pennitted under Section 17.34.020 when located on the same zoning lot as the permitted use" and to Section 17.34.040 to allow the "Sale of Marine Supplies" to the list of conditionally permitted uses in the M-2, Heavy Industrial District, citing the following fmdings and conclusions: Findings: 1. The zoning code amendment wiD modify Section 17.34.040 PAMC by adding "Sale of Marine Supplies" and by adding "Retail uses incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the pennitted use." 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goals Nos. 2 & 3; Commercial Policies Nos. 1-4; Industrial Development Policies Nos. 1-3 and 5-7; Economic Objective No.1 and Land Use Objectives Nos. 1 & 2. . 3. The purpose statement states the M-2 zone is the least restrictive industrial area intended to be in the area in which heavy industry could develop causing the least friction with other land uses. . . . PLANNING COMMISSION MINUTES April 13. 1994 PAGE 10 4. A Determination of Non-Significance was issued for the proposal on March 9, 1994. S. The Mw2 zone district is located along the waterfront from Ediz Book to the eastern City boundary and located along the southern city boundary, south of the airport. 6. There are retail uses explicitly pemtitted in the M-2 zone district, including trock, trailer and motorcycle sales; restaurants and cafeteria's and commercial uses which may be classified Mw2 because of possible obnoxious odors, noises, smoke, or unsightliness. Conclusions: A. As recommended, the Zoning Code Amendment is in the public use and interest. B. As recommended, the Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No.2. C. As recommended, the Zoning Code Amendments are consistent with the intent of Chapter 17.34 of the Port Angeles Municipal Code. Commissioner Winters seconded the motion, which passed 7 - O. Staff noted that the City Council has scheduled a public hearing for May 3, 1994. ANNEXATION REQUEST w ANX 94(02)01 - RONE' etal. East of Golf Course Road between Lindberg and Maddock Roads: Request for annexation of approximately 37.96 acres of property. John Jimerson reviewed the Department Report. In response to Chair Alexander, Mr. Jimerson responded that the Fire Department's requirements would be addressed in part by the recommended Condition No.3. A sixth condition might be appropriate stating that new residential development would be required to be sprinklered. Gary Kenworthy responded that a sewer study is needed to address the sewer needs for this area. An L.I. D. for road improvements would include provisions for storm drainage. Chair Alexander opened the public hearing. Tom Ellison, 4308 Nicholas Road, representing the petitioner(s) indicated concurrence with the staff report information. He asked to what degree remodeling would be allowed without requiring residential sprinklers. Bruce Becker, Fire Marshall, answered that sprinklers would be required for remodels . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 11 over sixty percent of a structure. Mr. Ellison asked if the sewer study would be required for future development or existing annexation. Gary Kenworthy, City Engineer, responded that prior to the L.I.D., which is required for annexation, the sewer study will be required. Mr. Ellison noted that there are sewer systems within the proposed annexation area that have failed and others are in jeopardy at the present. He answered that sewer need is the driving factor in the annexation request. There being no further testimony, Chair Alexander closed the public hearing. The Commission discussed conditions regarding the Fire Department's concerns, need for a sewer study and storm drainage requirements. Mr. Jimerson suggested wording for a sixth condition to address the Fire Department's concerns. Gary Kenworthy suggested rewording to stafrs Condition No.3 to address sewer and storm drainage requirements. Commissioner Souders moved to recommend approval of the annexation petition with the six conditions as follows, citing the noted findings and conclusions: Conditions: 1. Compensation shall be provided to the City for obtaining the P.U.D. facilities located within the annexation area in a manner and amount consistent with the recommendation of the Utilities Advisory Committee and City Light. 2. The following road dedication shall be made prior to the annexation going into effect: a. The east half (30 feet) of Golf Course Road shall be dedicated along the south 988 feet of frontage of the annexation site (McCartney, Schmuck and RODe' properties). b. Tbe north half (30 feet) of Maddock Road shall be dedicated along those portions of the annexation area where it doesn't currently exist (McCartney, Abraham and Edwards properties). c. Property on Lindberg Road shall be dedicated to create the minimum 60 foot wide right-of-way (Heerschap, Ballard, Cooper and Balch properties) . 3. Separate no-protest agreements for the formation of a Local Improvement . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 12 District for each of the following improvements shall be entered into by property owners of no less than 60% of the assessed value of the property within the annexation: Upgrading of Lindberg, Maddock and Golf Course Roads to City standards including stonn drainage; upsizing the sewer line as outlined in a report prepared by a licensed engineer and approved by the City; extending the sewer line from its current location north of Melody Lane to the site; and water system improvements for the area including storage and distribution facilities. 4. The south boundary of the annexation shall include the south edge of the Maddock Road right-of-way. 5. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 6. Prior to development of new residential structures or remodel of existing homes by greater than sixty percent, tlre hydrants shall be placed within five hundred feet of the structure, to a flow of five hundred gallons per minute, and structures shall be constructed with an automatic sprinkler system. Findines: 1. The proposal is to annex approximately 38 acres south of the existing City limits between Maddock, Golf Course and Lindberg Roads. 2. Pursuant to Section 17.95.110 of the zoning ordinance, the annexed property will be zoned RS-9. 3. There are twelve lots in the annexation area, all of which exceed the minimum dimension requirements of the RS-9 zone district. 4. The area is designated as Suburban Residential Environment in the City's Comprehensive Plan. 5. The site is within Clallam County's Interim Urban Growth Area for the City of Port Angeles. 6. Water is provided to the site by Clallam County P.U.D. and the City. New development will receive water from the city. 7. City Light is required to purchase the P.U.D.'s electrical facilities in the annexation area within 24 months of annexation or install their own. 8. The nearest sewer line is located north of Melody Lane. Improvements to the downstream sewer line are necessary to support additional facilities. 9. Golf Course, Maddock and Lindberg Roads are not constructed to full city standards and do not provide the minimum right-of-way width of 60 feet. As conditioned, Golf Course and Lindberg Road rights-of-way would be . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 13 expanded to 60 feet and the north half of Maddock Road would provide 30 feet of right-or-way. 10. A study of the water system was prepared by CHlM Hill which indicates that water system improvements are necessary to serve additional development. 11. City Council resolution states that every proposed annexation shall be analyzed to ensure that the existing city improvements are adequate to meet the increased burden which would be generated by the proposed annexation and that it will not become necessary for city funds to be expended to enlarge such existing improvements. 12. The City of Port Angeles SEPA Responsible Official issued an MDNS for the annexation which states that future residential development shall go through the SEPA review process to ensure adequate utilities and roads are provided. 13. The Fire Department commented that habitable structures constructed after annexation would have to be provided with automatic sprinkler systems due to the long response time to the area. Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan annexation policies. B. The proposed annexation is consistent with the procedural requirements of Chapter 35A.14 RCW. C. As conditioned, the annexation is consistent with the Council Resolution 18- 78. D. As conditioned, the annexation is in the public interest. Commissioner Winters seconded the motion, which passed 7 - O. Commissioner Nutter moved to continue with the agenda, the time being beyond 10 p.m. Commissioner Philpott seconded the motion, which passed 7 - O. REZONE REQUEST - REZ 94(04)01 - ALBERTSON'S. Request to rezone property from RS-7. Residential Sin~le-Family. to CSD. Community Shopping District. located between Laurel and Lincoln Streets. south of Lauridsen Boulevard. John Jimerson reviewed the Department Report. Mr. Collins explained the State Environmental Policy Act (SEPA) review process. The comment period will expire April 16, 1994. The Washington State Department of PLANNING COMMISSION MINUTES April 13, 1994 PAGE 14 . Transportation (WSDOT) has requested additional time to submit comment on the traffic analysis. Based on those comments and discussion between Planning staff and the Public Works Department, there may need to be some clarification of the mitigation measures imposed in the Mitigated Determination of Non-Significance (MONS). The Planning Department is recommending continuation of the matter to the April 27, 1994, meeting, in order to provide time for a resolution of the issues. Brad Collins and John Jimerson responded to questions regarding the non site specific nature of a rezone and the correlation with the SEP A review. The SEP A review is being done at the earliest stage of the project and covers all possible aspects of the project. The end result, however, is that the proposed project may not be the final result of the rezone. The City is charged to determine whether the rezone is beneficial to the public, complies with the Comprehensive Plan and whether a change in circumstances has occurred which would warrant the change. If a project changes from that proposed a new SEP A review can be required. Mr. Collins provided a detailed explanation of the SEPA process. . Ron McConnell, of the planning fmn McConnell Burke, 11000 NE 33rd Place, Suite 101, BeUevue, Washington, stated that they had enjoyed working with City staff on this project. He concurred with the recommendations made by staff and stated that a site search for a new store had been a difficult job in Port Angeles due to the lack of available sites appropriately zoned and large enough for this use. He realized that although rezones are not site specific this is clearly intended to be a site specific rezone for an Albertson' s store. Woody Harris, Western Washington Real Fstate Manager for Albertson's, 11000 NE 33rd Place #102, Bellevue, Washington, stated that the present store was built in 1970 and is 20,000 square feet in size. The property is owned by Payless, not Albertson's. To stay competitive, today's supermarkets have grown to 40,000 and up to much as 50,000 square feet. The search for this site has taken approximately six years. It has been very difficult to find a site in Port Angeles that is sufficient in size and appropriately zoned for a new store to serve the community. A minimum of four acres, preferably five to six acres, with access on a major arterial and proximity to neighborhood areas is required for a store site. He submitted a brief economic overview for the Commission's consideration. A neighborhood meeting had been conducted in order to familiarize the neighborhood with the plan and listen to concerns and suggestions concerning the proposal. The meeting was a productive exchange of ideas and resulted in a revised site plan. . Curt Jensen, CDA Architects, 6608 216tb Street S. W., Mountlake Terrace, Washington, explained the proposed site plan including the landscaping and proposed berming and/or buffering in the landscaping off the alley. Due to site grades the thirty- foot building will appear to be only eighteen feet above average grade. There will be no glare off-site due to the lighting proposals and no glare from passing cars because of the height of the rear wall and the vegetative buffer. Terry Gibson, 1712 Pacific, Suite #100, Everett, Washington, explained the traffic analysis and clarified the methodology and mitigation measures that have been proposed that have been accepted or have been refined by the City to help solve some of the circulation problems that exist and may occur in the future with a new store at this PLANNING COMMISSION MINUTES Apri113, 1994 PAGE 15 . location. He thanked the Public Works and Planning Departments for their input and suggestions. Traffic alteration was depicted by the use of overhead diagrams. Increased traffic volume is not significant. Lauridsen Boulevard would experience approximately a two percent increase in traffic, the main arterials would be an approximate nine percent. Significant problems occur at present at Lincoln/Laurel where traffic continues east on Lauridsen and drivers signal with blinkers to continue east to the confusion of those passing through the intersection. Phase I channelization of the Lincoln/Laurel intersection will be paid for by Albertson's. Mr. Gibson detailed improvements which are proposed for the intersection and Lauridsen Boulevard area, a transit stop and bikeways. He included analysis regarding traffic flow to the east, west and south of the site as well as that area along Lincoln. Ron McConnell closed by saying that he is aware there are no guarantees with a rewne, but Albertson's is willing to be boxed in with whatever conditions are imposed by the City as their intent is solid. This is not a speculation effort. Albertson's is willing to entertain any suggestions for solutions to the neighborhood's concerns. . Ed Tuttle, 101 Ahlvers Road, reminded those present that the location is in the area of a proposed alternate crosstown route for future planning purposes. He stated concern with traffic in the area and suggested a revision to the intersection. He is in favor of the proposal. Frank Paynter, 2924 Oakcrest, submitted a petition with approximately one hundred fifty one signatures in favor of the rezone request. Chuck Hammonds, 118 West Eleventh Street, supported the project. Mr. Hammonds would like to see the store at this location. He shared that some of his clients who live in Sequim, behind the new Safeway store, were very objectionable to the proposal at first. Once the Safeway was complete those objections disappeared. In fact, he was informed that the project has increased property values in the area and has become a very fine neighbor. Karen Wilkinson, 282 Cedar Park Drive, stated approval of the proposal. The store will provide forty more needed jobs for Port Angeles residents and will benefit the City residents by giving the other large store a little competition. Albertson's has shown that they are openly willing to do whatever it takes to make the use work and upgrade the traffic provisions in the area to make it safer for everyone. Albertson's deserves a big atta-boy for their efforts. . Alan Horrocks, 2410 South Laurel, submitted a petition containing one hundred fifteen signatures in opposition to the proposal. He read a four page letter, dated April 13, 1994, into the record opposing the rezone request. The letter concluded that the rezone is not compatible with the surrounding neighborhood. The criteria for rezone has not been satisfied by the applicant. Lack of sites along the commercial "T" is not sufficient justification for a rezone. The proposed store is not the type of shopping area that is appropriate to the commercial "T". The project will degrade the U.S. 101 Lincoln Street/Lauridsen Boulevard junction below established Level of Service (LOS) standards PLANNING COMMISSION MINUTES April 13, 1994 PAGE 16 . for streets. No mitigation studies have been done regarding the negative impact of such large volumes of traffic in the immediate neighborhoods. There is no economic benefit to the community. Tamsan Hannon, 218 Whidby, stated that she had been ambivalent about attending the meeting and did not come with a particular side in mind. Following the presentation by Albertson's representatives, she stated a strong objection to the rezone as proposed based on the potential rodent increase in the area as a result of the use, the increase in traffic and the intrusion into the residential neighborhood. Don McInnes, 117 Fogarty, indicated that he had submitted a lengthy response in writing outlining his objection to the proposal. He compared the increased traffic volume to known County roads that already experience the proposed traffic volume. The school crossing in the area is difficult at present. The Eighth and Lincoln Street intersection will be impacted. The commercial traffic area is centered between Front and Eighth Streets at present. It is a good idea to encourage heavy commercial uses to remain in that location and not allow intrusion into outlying residential areas. . The buffers proposed along the south alley are not adequate. Because of the rising north to south topography, residences to the south will view the top of the store with all its appurtenances. The proposed buffer should be deeper and sufficient not just window dressing. Visual impacts have not been addressed. Such a use could be good for the City but the proposed use is too great for the area. It belongs in a heavier commercial area. In response to Commissioner Winters, Mr. McInnes stated he did not feel that all impacts can be mitigated. The proponents appear to be forthright but cannot be legally bound with this type of rezone and therefore he had to oppose the project. Brad Boudreau, 1831 Monroe Road, Principal of Jefferson Elementary School, located at the corner of Lincoln and Lauridsen Boulevard. He has met with the Albertson's representatives concerning the site proposal. His concern is for the students who travel to and from the school daily and for the neighborhoods that will experience an increase in traffic from the proposed store. Mr. Boudreau did not express an opinion on the rezone. Rea Dier, 1321 Laurel, said that it is terrible that we keep sending our business out of town. She encouraged the City to give Albertson's a chance to locate in this area. . Cheryl Baumann, 2310 South Chase, expressed concern over establishing another huge shopping district in Port Angeles at a time when the Downtown is struggling to stay alive. She noted that the City's designated zoning for the site, CSD, Community Shopping District, allows for many more appropriate uses to locate at this location which would be a good addition to the area. A rezone for a 47,000 square foot mega store will degradate the property around it encouraging residential uses surrounding the site to begin selling out as well. The purpose of the CSD, Community Shopping District, as listed in the Municipal Code defines that the CSD District is where businesses occur on small sites providing goods and services required daily by the surrounding residential zones. This site will attract people from allover the county, and is a regional type store that should be located in a stronger commercial district. . . . PLANNING COMMISSION MINUTES April 13, 1994 PAGE 17 Ms. Baumann thanked the Albertson's people for meeting with the neighbors but stated that it doesn't make sense to locate at this site given the traffic and safety problems the use encourage. Robert Kennedy, 214 Whidby, felt the presentation was excellent, but the size of the store is inappropriate for this neighborhood. There being no further testimony, Commissioner Souders moved to continue the public hearing to April 27, 1994t at 7 p.m., City Council Chambers. Commissioner Winters seconded the motion, which passed unanimously. STREET VACATION REQUEST - STY 94(04)01- ALBERTSON'S. Request to vacate a portion of San Juan Avenue. lying between Laurel and Lincoln Streets. south of Lauridsen Boulevard. Chair Alexander opened the public hearing. Commissioner Campbell moved to continue the hearing to April 27t 1994, 7 p.m.t City Council Chambers. Commissioner Nutter seconded the motiont which passed unanimously. The Commission took a break at 12:10 a.m. The meeting reconvened at 12:15 a.m. (Commissioner Souders left the meeting.) V. COMMUNlCA TIONS FROM THE PUBLIC: None VI. STAFF REPORTS: Mr. Collins indicated that Mr. German has withdrawn the Zoning Code Amendment dealing with single-family density in Planned Residential Developments. It is the desire of the applicant and the Commission to revisit the issue in its entirety rather than as an individual issue. The item will be placed on the long range agenda. Commissioner Campbell was appointed to serve as the Planning Commission's representative to the City's Capital Facilities Plan Committee. VII. REPORTS OF Co.MMISSION MEMBERS: Commissioner Philpott remarked on the very poor job done by the State Department of Transportation in repair of potholes along First Street between Race and Golf Course Road. The Commission concurred the job was poorly done and does not represent City standards. It was decided that a letter should be directed to WSDOT regarding the work. Commissioner Winters wished to acknowledge the Tribe's invitation to meet with their Council Business Committee. . . '. PLANNING COMMISSION MINUTES April 13, 1994 PAGElS VID. ADJOURNMENT The meeting adjourned at 12:30 a.m. ~~ Bra Collins, Secretary (~~ O~ Carl Alexander, Gliair PREPARED BY: Sue Roberds - . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: ~'! ,(~ /99j/ . . . . . , ... .... r-. . . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: {?r'll-~ / 9.9// /70- 2a:>8" So (A.:nt LcfIJ CoLN II I{ 1/ 1./<.. . CITY OF PORT ANGELES Board of Adjustment Attendance Roster Meeting Date: -.i1-f' if l L... ( 8 r (Ci Cj ~ PLEASE SIGN IN J JCAf ,....., ( L-L ~ p. (.).