HomeMy WebLinkAboutMinutes 04/26/2000
.
.
.
~ORrANGE:LES
WAS H [ N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
April 26, 2000
I.
CALL TO ORDER
7 p.m.
II, ROLL CALL
ill, APPROVAL OF MINUTES: Meeting of April 12, 2000.
IV. OLD BUSINESS:
1.
PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 316 North
Albert: A request for reduction of required parking from 58 spaces to 27 spaces fora
residential multi family development in the Commercial Arterial zone. (Action continue:!
from the April 12, 2000 meeting.)
V, PUBLIC HEARINGS:
1. SHORELINE SUBSTANTIAL DEVELOPMENT VARIANCE - SMA 00-08.
EIKUM. 1005 Marine Drive: A proposal to allow the increase in height from 20' to 30'
to allow the retention and relocation of an overheiglt boathouse within the Port Angeles
Boathaven in the Industrial Heavy zone.
2. MUNICIPAL CODE AMENDMENT - MCA 00-01 - ANIMAL HUSBANDRY. City
wide: Consideration of adoption ofregulations regarding animal husbandry within the
City limits.
3. MUNICIPAL CODE AMENDMENT - MCA 00-02 - ADULT ENTERTAINMENT
BUSINESSES City wide: Consideration of adoption of regulations regarding adult
entertainment business within the City limits. (Continue to May 24, 2000.)
VI. CONTINUED PUBLIC HEARING:
1. CONDITIONAL USE PERMIT - CUP 00-01- NORTHWEST TANDEM RALLY-
304 East Park Avenue: A proposal to allow overnight camping as part of a tandem
bicycle rally in the Public Buildings m.d Parks zone. (Continued from March 22, 2000.)
PLANNING COMMISSIONERS: Fred Hewins (Chair), Dean Reed (Vice),Bob King, Linda Nutter,Fred Norton, Bob Philpott, Charles Schramm
PLANNING STAFF: Brad Collins (planning Director), David Sawyer (Senior Planner), Sue Roberds (Planning Specialist)
VIT.
. VITI.
IX.
X.
COMMUNICATIONS FROM THE PUBLIC
STAFF REPORTS
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
.
.
PLANNING COMMISSIONERS: Fred Hewins (Chait,), LitldaNutter (Vice Chair);Bob King, Fred Norton, Bob Philpott, Charles Schramm, Mary Craver
PLANNING STAFF: Brad Collins, Planning Director; David Sawyer, Senior Planner; Sue Roberds, Planning Specialist.
.
.
.
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
April 26, 2000
7:00 p.m,
ROLLCALL
Members Present:
Bob Philpott, Fred Norton, Linda Nutter, Fred Hewins,
Bob King, Mary Craver, Chuck Schramm
Members Excused:
None
Staff Present:
Brad Collins, Sue Roberds
Public Present:
Chris Brotherton, Jeff Lauro, Steve Eikum, Glynda Schaad,
Morgan Roehl, Bruce Monro
APPROV AL OF MINUTES
Commissioner Philpott corrected the address for Daisy McInerney on page 10 and noted
that the verb "have" should be added to the first sentence of Mr. Harrison's testimony on
page 11. Commissioner King moved to approve the April 12, 2000, meeting minutes as
corrected. The motion was seconded by Commissioner Nutter and passed unanimously.
OLD BUSINESS:
PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 316 North
Albert: A request for reduction of required parking from 58 spaces to 27 spaces for a
multi family development in the Commercial Arterial zone. (Action continued from the
April 12, 2000 meeting.)
Chair Hewins noted that staff provided findings and conclusions in support of denial of the
parking variance application as requested by the Commission following the April 12,2000,
public hearing.
Commissioner Nutter moved for reconsideration ofthe motion made at the April 12, 2000,
meeting for denial of the parking variance. The motion was seconded by Commissioner
King. Following discussion it was confirmed that the current motion for reconsideration
was because there appeared to be confusion as to the intent of the original motion. The
motion for reconsideration passed 7 - O.
Commissioner Nutter asked the applicant's representative, Chris Brotherton, how the proposed
limousine service would be provided. Would residents pay for the service themselves and is
there a limit to the service? Mr. Brotherton responded that the transportation service will be
provided by the association and would be available during business hours and for special events.
Planning Commission MinUlcs . April 26,2000
Page 2
.
The service is similar to what is provided privately for residents at the established senior
apartments known as Highland Commons II. In response to Ms. Nutter's question as to
alternative solutions in the event the limousine service is unavailable or does not work out, Mr.
Brotherton responded that if such a situation arises, a van will be purchased and a driver will
be hired by the association. The owners prefer to hire an outside service due to the liability
involved and because a needed parking space would have to be reserved for a private van.
Residents would be picked up in a waiting area in the drive through of the building out of the
weather.
Commissioner King asked for clarification that the service would be freely provided to the
residents at no additional cost. Mr. Brotherton responded that the intent is to provide the service
through the association to all residents. He confirmed that the Royal Manor Condominium
Association will be an association legally filed with the state for operation of the senior
apartments. Each owner of a unit will be a member of the association and will have a say in the
operation ofthe apartments. He responded that it is not intended to lease the units in the event
they are not sold.
.
Commissioner Craver noted that the proposed off-site parking lease agreement with a
neighboring business operator appears to be open ended as there is no specified term in the
agreement. Mr. Brotherton responded that the business owner Mr. Bob Lovell has a 30 year
lease on the subject property. He owns the building but leases the property. The parking
agreement wording is intended to provide two additional parking spaces for as long as Mr.
Lovell leases the neighboring property. Should the ownership change, the lease may be
tenninated.
Commissioner Nutter did not see that even with the agreements from the limousine service and
the neighboring property owner for two additional spaces there is no certainty that if the
association decides there is no need for transportation service they can vote it out. She
recognized that an effort has been made to meet the Commission's concern that an adequate
provision be made for off-street parking for the life of the apartment use. The requested parking
variance is a significant reduction of the required parking spaces with no real assurance that
parking can be provided off-site or otherwise provided.
Commissioner Craver remained concerned about the wording of the lease. The lease is open
ended. It may be that it could be revised such that ifthe neighboring property were to be sold
or released the new operator would be required to honor the previous agreement. Mr.
Brotherton noted that he is not an attorney and therefore not qualified to respond to the wording
of lease agreements.
Chair Hewins indicated that there were no further questions of the applicant and thanked the
applicant for his participation.
.
Commissioner Schramm's main concern was that the requested variance would allow a
reduction to 45% from the Municipal Code's parking requirements. He reviewed the parking
variance standards as set forth in the Municipal Code and stated that this application does not
meet the specifications for granting a variance. The location of the property is such that
overflow parking would result in vehicles parking on Front and Albert Streets where such
.
.
.
Planning Commission Minules - April 26, 2000
Page 3
congestion would add to the existing congestion in the area and impose additional traffic
hazards that are not necessary nor acceptable. There are still no provisions for service deliveries
or visitor parking except on the street.
Commissioner Philpott stated that the applicants have made a real effort to address the
Commission's concerns. He was comfortable with the proposed lease agreement and limousine
. . .
service proVISion.
Commissioner Nutter pointed out that the submitted parking agreement with Mr. Lovell could
be ended at a date in the near future when Mr. Lovell is able to sell the business. The apartment
use is intended to be there for a very long time. Surrounding properties and businesses will be
negatively impacted as overflow parking will occur on surrounding streets. She did not believe
that the submitted agreements support such a significant reduction in an on-going private
apartment use. Reggie's Limousine Service may not even be in operation for a lengthy time or
could be sold, and the agreement would therefore be invalid.
Commissioner Craver concurred that the submitted agreements go toward an effort to provide
parking.
Commissioner Nutter moved to deny Parking Variance PKV 00-01 based on the following
findings and conclusions:
Findings:
Based on the information provided in the April 12, 2000, Staff Report for PKV 00-01 (including
all of its attachments), comments and information presented during the public hearing, and the
Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1. The applicant, Maverick DevelopmentJPrime Financial, applied for a parking variance
on January 20, 2000. The application was determined to be complete on January 26,
2000. The application is identified as Attachment B to the April 12, 2000, Planning
Department Staff Report for PKV 00-01.
2. As a variance, the application is exempt from SEP A requirements.
3. In accordance with legal requirements of the City of Port Angeles and the State of
Washington, the notice of application and subsequent hearing process was advertised
in the Peninsula Daily News' legal section on January 26,2000.
4.
Based on senior occupancy, the applicant's submittal requested a reduction in the
number of required parking spaces from 58 to 29 spaces. During the applicant's
testimony at the April 12, 2000, Planning Commission meeting, the applicant indicated
their request is for a reduction from 58 to 27 spaces. The requested 27 spaces will
provide less than one space for each ofthe project's proposed 29 units.
.
.
.
Planning Commission Minutes - April 26, 2000
Page 4
5.
The site is located at 116 N. Albert Street on the southwest comer of Albert Street and
Front Street.
6. The project is the conversion of a part of the former Aggies Motel and Restaurant
complex into residential units. The vacant restaurant building is across the aney to the
south of the site and the fanner office and additional parking area is across Albert Street
to the east. To the north across Front Street is a separate operating motel and adjacent
to the west is a single family residence.
7. The City's Parking Ordinance requires two spaces for each multi-family or apartment
unit.
8. The site plan submitted by the applicant shows only 27 parking spaces. The spaces are
located on the ground floor, both under the units and in an interior courtyard. Because
of the location of some support structures for the building, the design of the on-site
parking is somewhat restricted.
9. The site plan as submitted does not show anyon-site visitor or delivery parking.
10. The site plan as submitted does not identify any handicap spaces for residents or
visitors.
11.
The applicant submitted a portion ofthe project's CC&Rs which states "It is intended
by declarant that the Condominium qualifY as housing that is intended and operated for
occupancy by persons fifty-five (55) years of age or older, as authorized by and in
compliance with 42 USC 3607(b)(2)(C) [Article 1 1.8.37]."
12. The site and surrounding properties are located in the Commercial [C] designation of
the Comprehensive Plan Land Use Map and are zoned Commercial, Arterial [CA].
13. The use of the site as an apartment building is a permitted use in the CA zone.
14. The density of the project is consistent with a recent Planning Department Interpretation
regarding the conversion of existing hotel/motel facilities to residential units.
15. Two similar reductions have been approved for senior housing projects. The approvals,
for Highland Commons I and II located on Melody Circle, permitted the same ratio of
one space per unit as the current request. Highland Commons I has been in operation
for approximately three years and Highland Commons II for 2 years.
16. Both Highland Commons I and IT were required to provide a dedicated van service for
use by the residents.
17.
A field check of Highland Commons I and II in February, 2000, showed the parking lot
for Highland Commons 1 was 22% full with an occupancy level for the units at 90%.
Highland Commons ll's parking lot was also 22% fun with an occupancy rate of 72%.
.
.
.
Planning Commission Minutes - April 26, 2000
Page 5
18.
The Public Works Department has indicated new concrete sidewalk and driveway
approaches will be required prior to occupancy. Additionally, if access is taken off the
alley, City standard improvements to the alley along with the removal of the existing
bollards would also be required. No other City departments noted any specific
requirements.
19. No comments were received from the public regarding this application. The public
comment period ran from January 21, 2000 to February 10,2000,
Conclusions:
Based on the information provided in the April 12, 2000, Staff Report for PKV 00-01, including
all of its attachments, comments and information presented during the public hearing, the
Planning Commission's discussion and deliberation, and the above listed findings, the City of
Port Angeles Planning Commission hereby concludes that:
A. Due to the lack of handicapped facilities, visitors and delivery spaces, and alternative
transportation provisions, the proposed project as submitted will have an adverse impact
on the surrounding uses and the public's safety and general welfare from increased off-
site parking in the area.
B.
The variance as proposed will create increased congestion or traffic hazards along
adjacent streets and alleys;
C. The variance as proposed is inconsistent with the intent of the Off-Street Parking
Ordinance,
D. The proposal does not meet requirements ofthe Americans with Disabilities Act (ADA).
E. The proposed off-site parking lease does not guarantee that each unit will have a parking
space in the future.
Commissioner Schramm seconded the motion which passed 6 - 1 with Commissioner
Philpott voting in the negative.
Commissioner Philpott stated that his dissenting vote was because the applicant did an adequate
job in providing alternative transportation for residents by the submitted agreement with
Reggie's Limousine Service and the parking lease arrangement with a neighboring property
owner.
PUBLIC HEARINGS:
Chair Hewins stated that those persons who intend to provide testimony must sign in and sign
an oath that their testimony is truthful to the best of their knowledge.
Commissioner Nutter stated that she is a member of the City-wide Nonmotorized Advisory
Committee as a Planning Commissioner. The committee is aware ofthe Tandem Bicycle Rally
.
.
.
Planning Commission Minutes - April 26, 2000
Page 6
application, but neither she nor the committee itself is not involved in the event. No one
objected to her remaining to act on the issue.
SHORELINE SUBSTANTIAL DEVELOPMENT VARIANCE - SMA 00-08.
ElKUM. 1005 Marine Drive: A proposal to allow the increase in height from 20' to 30'
to allow the retention and relocation of an overheight boathouse within the Port Angeles
Boathaven in the Industrial Heavy zone.
Senior Planner David Sawyer reviewed the Planning Department's report recommending
approval of the proposal. Chair Hewins opened the public hearing.
Steve Eikum, 1835 East Fifth Street, Port Angeles, stated that he purchased three smaller
dilapidated boat houses from the Port of Port Angeles to make room for relocation of the larger
boat house and remain under the 10% maximum to meet Army Corps requirements for
overwater construction. He offered to answer any questions. In response to Commissioner
Nutter, he answered that the smaller demolished boat houses were not on the same float as the
proposed relocation. The subj ect float contains only larger boat houses.
Commissioner Philpott stated that it appears the demolition and replacement is a move toward
cleaning up the boat houses in the Boat Haven.
There being no further testimony, Chair Hewins closed the public hearing.
Commissioner King moved to approve the shoreline substantial development variance and
permit as proposed with the following conditions, findings, and conclusions:
Conditions:
1. Approval is for the project, including a variance in the height limitation to 30 feet, as
submitted by the applicant and identified as Attachment B to the April 26, 2000,
Planning Department Staff Report for SMA 00-08 and as hereby conditioned.
2 The design, materials, color, length, and height (except as approved by variance) shall
be similar and/or compatible to other structures in the Boat Haven marina, and
nonreflective neutral materials and colors shall be used for exterior surfaces of the
structure.
3. The project shall comply with all regulations of the City's Shoreline Master Program,
specifically those of Chapters 4,5,6 and 7.
4. The proposed project shall meet all federal, state, and local requirements, including the
City's Environmentally Sensitive Areas Protection Ordinance.
Findings:
Based on the information provided in the April 26, 2000, Staff Report for SMA-DO-08
(including all of its attachments), comments and information presented during the public
Planning Commission Minutes - April 26, 2000
Page 7
.
hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles
Planning Commission hereby finds that:
1. The applicant Steve Eikum applied for a Shoreline Substantial Development and
Variance Permit on February 15, 2000. The application was determined to be complete
on February 29, 2000. The application is identified as Attachment B to the April 26,
2000, Planning Department Staff Report for SMA 00-08.
2. A Detennination of Non-Significance (#906) was issued by the City of Port Angeles
SEP A Responsible Official for the proposal on April 11, 2000.
3. In accordance with legal requirements of the City of Port Angeles and the State of
Washington, the notice of application and subsequent hearing process was advertised
in the Peninsula Daily News' legal section on February 29, 2000.
4. The applicant is proposing to locate a nonconfonning 30' ta1128' by 74' boathouse in
slip #50 of the Boat Haven moorage facility. The boathouse and marina are water-
dependent uses.
5.
The purpose of the restriction is to limit the height of over-water boathouses which
obstruct views ofthe water and shoreline areas and which shade marine habitat. Habitat
areas of juvenile Puget Sound chinook salmon are of particular concern due to their
listing as a threatened species under the Endangered Species Act.
.
6. The five shoreline variance review criteria which must be satisfied are listed in WAC
173-27 -170, and the purpose of a variance pennit is strictly limited to granting relief
from specific bulk, dimensional or perfonnance standards set forth in the applicable
shoreline master program where there are extraordinary circumstances relating to the
physical character or configuration of property such that the strict implementation of the
master program will impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020.
7. The Port Angeles Harbor provides near shore marine habitat for juvenile Puget Sound
chinook salmon, which are listed as a threatened species under the Endangered Species
Act.
8. The subject site has unique characteristics including a very high marine bluff above
which are the only existing residences with views overlooking the subject shoreline area.
The City's waterfront trail runs east and west along Marine Drive immediately south of
the Boat Haven.
9.
The applicant is proposing to remove three smaller boathouses in the Boat Haven to stay
under the maximum square footage of covered over-water structures allowed by the
Shoreline Master Program.
.
10. There are a dozen or so other nonconforming boathouses in excess of 20 feet in height
also located in the same area of the Boat Haven.
Planning Commission Minutes - April 26, 2000
Page 8
.
.
.
11.
The designation of the subject site is Aquatic Harbor (AH) in the Port Angeles Shoreline
Master Program, Industrial (1) in the Port Angeles Comprehensive Plan, and Industrial
Heavy (IH) in the Zoning Code; and boating facilities are permitted uses in each of these
designations. The existing Boat Haven is a longstanding use that is specifically allowed
at this location.
12. The Shoreline Master Program lists five (5) regulations in Chapter 6 Boating Facilities
Covered Moorage that specifically apply to this proposal. Conditions are recommended
to require that the design, materials, color; length; and height (except as approved by
variance) be similar and/or compatible throughout the Boat Haven and that nonreflective
neutral materials and colors be used. Dock slip #50 is contiguous to other boathouses
in the marina.
13.
The Port Angeles Shoreline Master Program; Comprehensive Plan, Zoning Ordinance
were reviewed with respect to this application, and those most relevant include the
following which are included in Attachment C:
Port Angeles Shoreline Master Pro~ram
Chapter 4 D-Environmental Impacts Policy 1 and Regulations 1-5,7-9; and 11-12, E-
Environmentally Sensitive Areas Policy 1 and Regulation 1, F-Kelp Beds, Eelgrass
Beds; Herring Spawning Areas; Smelt Spawning Areas; Shellfish Areas and Other
Critical Salt Water Habitats Policies 1-9 and Regulations 4-6, H-Salmon and Steelhead
Habitats Policies 1-4 and Regulations 1 and 5, J-Public Access Policies 1-7 and
Regulations 2-5 and 12, K-Shorelines of State-wide Significance Policies 1-6, Chapter
5 Aquatic Harbor Purposes 1-2 and Policies 1-5 and 8, Chapter 6 B-Boating Facilities
Policies 1 and 3 and Regulations General 1-4, 9, and 11, Covered Moorage 1, 3-5.
Comprehensive Plan
Conservation Element Goal A and Policy 1, Goal B and Policies 1-2; 9-10, 16-17, and
21, Goal D and Policies 1, 7-8; Economic Development Element Goal A and Policies
1; 4, and 10, Goal B and Policy 1.
14. The application materials were sent to the Department of Ecology (DOE), the
Washington State Department of Fish and Wildlife (WDFW), and the Lower Elwha
Klallam Tribal Council for review, and the comment period ran through March 31,
2000.
15. The Fire Department and Public Works Department both indicated they have no
comments or recommended conditions of approval regarding the application.
16. The public comment period ran from February 29, 2000; to March 30, 2000.
17.
The aquatic shoreline is defined by the City's Environmentally Sensitive Areas (ESA)
Ordinance (Section 15.20 P AMC) as a "beach and associated coastal drift process area."
The applicant must obtain an administrative ESA approval per Chapter 15.20 of the
Port Angeles Municipal Code.
Platlning Commission Minutes - April 26, 2000
Page 9
.
.
.
Conclusions:
Based on the information provided in the April 26, 2000, Staff Report for SMA 00-08, including
all of its attachments, comments and information presented during the public hearing, the
Planning Cormnission's discussion and deliberation, and the above listed findings, the City of
Port Angeles Planning Commission hereby concludes that:
A. As conditioned, the project is consistent with the Port Angeles Shoreline Master
Program, Comprehensive Plan, and Zoning Ordinance.
B. The substantial development and variance permit approval is related to the extraordinary
circumstances of the high marine bluff between the existing residential views and the
marina's boathouses which afford adequate view protection from an additional nine feet
in height ofthe proposed boathouse.
c.
The five shoreline variance review criteria listed in WAC 173-27-170 are satisfied.
Criteria 3 is most applicable. Strict application of the height requirement would
preclude location ofthe applicant's boathouse. The additional height of the boathouse
is similar to a dozen or so other nonconfonning boathouses in the same area of the
marina and does not cause any identified significant adverse impacts. Because ofthe
other nonconforming boathouses, the variance for this project will not constitute a grant
of special privilege not enjoyed by the other nonconforming boathouses. The public
interests in shoreline views and habitat protection will not suffer substantial detrimental
effect from placement of a 30 foot high boathouse among the other conforming and
nonconforming boathouses in this area of the Boat Haven marina.
Criteria 4 concerning cumulative impact of additional requests for like actions in the
area are substantially controlled by the same Shoreline Master Program regulation which
limits the maximum allowable area of covered moorage within the over-water portion
of the marina to 10% of the over-water area. The policies of the Port of Port Angeles
and existing covered moorage limit any significant increase in covered moorage at the
Boat Haven. Criteria 1,2, and 5 do not apply to this shoreline variance application,
since denial would not thwart policy enumerated in the Shoreline Management Act, the
project is not landward of ordinary high water mark, and it is not a use variance.
D. This variance proposal is not a precedent for similar development which already exists
and will continue to exist at this location.
E.
The State Environmental Policy Act requirements have been fulfilled. As reviewed and
conditioned, the project will not be detrimental to the shoreline and aquatic
environment. The lack of specific information on juvenile Puget Sound chinook salmon
and lack of cormnent on this project by the Washington State Department ofFish and
Wildlife, the Department of Ecology, and the Lower Elwha Klallam Tribal Council
indicates that the project's potential impacts on the aquatic envirornnent is not
significant. The Boat Haven represents a good opportunity for large scale boathouses
that would result in relatively little additional view obstruction and shading at this
marina location. The marine habitat of the Boat Haven is significantly compromised by
.
.
.
Planning Commission Minules - April 26, 2000
Page J 0
the intensity of boating activities regardless of the shading of nine more feet of
boathouse height. The economic development potential for locating larger boathouses
at this location as opposed to other locations around Port Angeles Harbor or elsewhere
in Puget Sound may be a net benefit for the marine environment by allowing them in
one rather multiple locations. Although the waterfront trail runs along Marine Drive and
does provide direct views of the Boat Haven water and shoreline areas, the area is
dwarfed by large industrial structures surrounding the marina.
F.
As conditioned, the proposed project is in the public interest.
G.
As conditioned, the project will not additionally interfere with public use of or access
to public waters and shorelines of the state.
H.
WAC 173-27-220 requires Department of Ecology approval of shoreline variance
permits submitted by local governments, and the Department of Ecology will also
review WAC 173-27-170 variance criteria and the determination of non-significance
before the shoreline variance permit is approved.
Commissioner Norton seconded the motion which passed unanimously.
The Commission took a recess at 8:10 p.m. The meeting reconvened at 8:20 p.m.
MUNICIPAL CODE AMENDMENT - MCA 00-01 - ANIMAL
HUSBANDRY. City wide: Consideration of adoption of regulations
regarding animal husbandry within the City limits,
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of regulations regarding animal husbandry within the City limits and responded to
questions as to the intent of the definition of house pets versus outdoor pets. Mr. Collins
responded that house pets are identified as those pets that are housed primarily within the
dwelling unit. There was discussion regarding where and under what conditions hoofed animals
would be permitted.
Chair Hewins opened the public hearing.
Glynda Schaad, 219 Hawthorne Place, asked how many chickens would be allowed in
residential areas. Mr. Collins answered that chickens would not be permitted in the Residential
Single Family (RS-7) zone. In the Residential Single Family (RS-9) zone, chickens could be
maintained as long as the use remains at least twenty-five feet (25') from a property line.
There being no further testimony, Chair Hewins closed the public hearing.
Discussion ensued on the question of whether it makes sense to limit the number of dogs and
cats but not chickens and ducks. Commissioner Schramm suggested that it would make more
sense to control animals through an animal control ordinance not through the zoning ordinance.
Several changes in the proposed language were made: 1) under the RS-9 accessory use for
noncommercial animal husbandry, the word "kept" was changed to "housed"; and 2) the
.
.
.
Planning Commission Minutes - April 26. 2000
Page I I
amendment description was changed for house pets to be subject to "animal ordinances" instead
of "animal cruelty laws."
Commissioner Nutter moved to recommend approval of the Municipal Code Amendment
as amended citing the following findings and conclusions:
Findings:
Based on the information provided in the Planning Department Staff Report for MCA 00-01
dated April 26, 2000, including all infonnation in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, the City of Port Angeles Planning Commission hereby finds that:
1.
The applicant City of Port Angeles proposed a Municipal Code Amendment to change
the City's zoning regulations regarding animal husbandry.
2.
The application proposes to amend PAMC 17.08 by adding the following definitions:
Animal Husbandry, Conunercial- the care and raising of animals, parlicularly farm
animals, for agricultural or other commercial purposes, provided that this shall not
include noncommercial animal husbandry, private horse stables, up to three dogs and
cats which are not house pets, or house pets.
Animal Husbandry, Noncommercial - the care and ralsmg of animals for
noncommercial purposes, provided that this shall not include private horse stables,
kennels, or house pets.
Farming, Commercial - the planting and cultivating of crops for agricultural or other
commercial purposes, provided that this shall not include private gardening.
House Pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles,
which sleep and are primarily housed in a dwelling unit together with their owner.
3. The application proposes to amend PAMC 17.08 by revising the following definitions:
Kennel - a place where (h, ee (3) four (4) or more dogs or cats, four Ml months old
or older, or any combination of such dogs and cats, are kept, whether by the owners
of the dogs and cats or by persons providing facilities and care, whether for
compensation or not:-.. PJlrovided that tim the number of dogs and cats counted shall
not include house pets.
Stable, Private Horse - a detached accessory building in which only the horses tmtl
efflt'S' owned by the occupants of the premises are kept. and in which no horses and c~ws
are kept for hire, remuneration, or sale.
4.
The application proposes to amend PAMe 17.11.030 by adding the following accessory
use:
.
.
.
Planning Commission Minutes. April 26. 2000
Page J 2
c.
Noncommercial animal husbandry.
5. The application proposes to amend PAMC 17.11.030 by revising the following
accessory use:
ED. Private horse stables, provided that:
J. Stables are constructed no closer than 100 feet to any property line.
2. A minimum area of 1 acre per horse or cow is maintained.
3. A minimum of 5loot highfence is installed on property lines....
6. The application proposes to amend PAMC 17.34.020 by revising the following
permitted use:
S. Veterinary or pet shop hospital clinics. offices. and kennel~ and. hatchery.
7.
The following Comprehensive Plan Policies are most relevant to the proposed
amendments:
Land Use Element Goal "C" To have a community of viable districts and
neighborhoods with a variety of residential opportunities for personal interaction,
fulfillment and enjoyment, attractive to people of all ages, characteristics and interests.
La"d Use Element Policy "Cl" Residential land should be developed on the district
and neighborhood concept. Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be composed of
residential uses of varying densities which may be augmented by subordinate and
compatible uses. Single family and multi-family homes, parks and open-spaces, schools,
churches, day care and residential services, home occupations, and district shopping
areas are all legitimate components of district development and enhancement. A
neighborhood should be primarily composed of low, medium, or high density housing.
Conservation Element Policy "A2" The City should promote compatibility between the
land and its use by regulating the intensity of the land use.
Conservation Element Policy ffB3" The City should protect and enhance the
characteristics of its unique residential neighborhoods.
8. Since the first Port Angeles Zoning Code in 1930, allowances have been made for
keeping animals as accessory and conditional uses.
9.
From time to time the City has received complaints about animals being kept in
residential areas; one complaint in 1999 concerned chickens being kept in the RS-7
Single Family Residential Zone.
10. The intent of the proposed amendments is to reconcile zoning regulations with more up-
to-date community practices involved with the keeping of animals in urban areas.
.
.
.
Planning Commission Minutes - April 26. 2000
Page 13
11.
A Determination of Non Significance was issued for this proposal on April 20, 2000.
12. The City received no written public comments on this proposed Municipal Code
Amendment MeA 00-01.
Concl usions:
Based on the information provided in the Planning Department Staff Report for MCA 00-01
dated April 26, 2000, 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 proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan including but not limited to Land Use Element Goal C and
Policy Cl and Conservation Element Policies A2 and B3.
2. Generally agricultural land uses are not outright permitted uses in urban areas, unlike
in rural areas.
3.
There are legitimate reasons for regulating animal husbandry within urban areas. The
close proximity of animals and their care and feeding to human dwelling units can cause
problems for public health and safety. Noise and odors as well as sanitation concerns
cannot be addressed well in higher density residential areas.
4. The current zoning regulations regarding how animals may be kept if applied
consistently would prohibit all residentially zoned property owners from keeping more
than two dogs or cats outdoors and all other animals outdoors, except for private stables
in the RS-9 Zone.
5. The proposed amendments would eliminate overly broad enforcement problems for
noncommercial animal husbandry and private gardening.
6. The proposed amendments resolve issues in the community and between neighbors
regarding how animals are kept and allow for reasonable enforcement of zoning
regulations in the protection of public health, safety, and welfare.
7.
The proposed animal husbandry regulation amendments will make the following five
changes for keeping animals in the City of Port Angeles:
a. House pets as specifically defined are exempt from regulations and allowed
outright, subject to other public health and safety and animal ordinances.
b. Up to three dogs and cats, instead of only two, may be kept outdoors without
being subject to the zoning regulations governing kennels.
c. Noncommercial animal husbandry as specifically defined is permitted as an
accessory use in the RS-9 Single Family Residential Zone and not permitted in
.
.
.
Planning Commission Minutes - April 26, 2000
Page 14
d.
any other zone.
Commercial animal husbandry is conditionally permitted in limited commercial
and industrial zones as kennel and commercial animal husbandry uses.
Cows are eliminated as part of a private stable accessory use in the RS-9 Zone.
e.
8. The proposed amendments are in the public use and interest.
The motion was seconded by Commissioner Schramm and passed unanimously.
MUNICIPAL CODE AMENDMENT - MCA 00-02 - ADULT ENTERTAINMENT
BUSINESSES Citywide: Consideration of adoption of regulations regarding adult
entertainment business within the City limits. (Continue to May 24, 2000,)
Planning Director Collins reviewed the Planning Department's staff report and attachments and
indicated that the Commission should continue the item to the May 24, 2000, regular meeting
to allow for time for the Commissioners to individually review two notebooks on secondary
effect studies done by other jurisdictions.
Commissioner Hewins asked how much property in the shoreline area are not owned or under
control by the Port of Port Angeles? Director Collins did not know. Commissioner Hewins
wondered ifit is within the intent ofthe law that within those areas identified as possible sites
fOf adult entertainment businesses, most of the property is under the control or ownership of a
public agency? Director Collins will research the question and report back.
CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 00-01 - NORTHWEST T ANDEM RALLY
- 304 East Park Avenue: A proposal to allow overnight camping as part of a
tandem bicycle rally in the Public Buildings and Parks zone. (Continued from
March 22,2000.)
Planning Specialist Sue Roberds noted that the staffs report was introduced at the March 22,
2000, public hearing. The Commission did not wish the report re-entered into the record. Ms.
Roberds noted the new site map indicating the areas proposed for use. Chaif Hewins opened
the public hearing.
Bruce Monro, 1505 Sequim Dungeness Way, Sequim, responded that the expectation for
participants is around 600 at this time. Bicyclists will begin the rally at a point in town and will
be escorted out of town by various security services. Most of the rally will be out of town.
Sanitation services will be provided for dry campers in the high school gymnasium. Many
participants will be staying in local hotels/motelslbed and breakfasts/campgrounds. It is not
anticipated that the high school facilities will be a first choice for campers but will be available.
In response to Commissioner Craver, Mr. Monro responded that the group is required to clean
up the high school grounds following the activity and will be responsible for any maintenance
that is a result of the use.
.
.
.
Planning Commission Minutes - April 26, 2000
Page J 5
There being no further testimony, Chair Hewins closed the public hearing.
Commissioner Schramm commended Mr. Monro on his group's efforts to bring an activity of
this type to the City.
Commissioner King moved to approve the conditional use permit with the following
conditions:
Conditions:
1. The conditional use pemrit shall be for a three day tandem bicycle rally as described in
the application submitted to the City Planning Department on January 24,2000. The
one time approval is for that activity scheduled for June 30, 2000, through July 3,2000.
2. Overnight camping shall be on a strictly limited basis and shall be located only in the
soccer field and maintenance shop area as proposed. Tent camping will be in the soccer
field area with limited availability for RV usage in the improved parking area south of
the maintenance shop. Camping shall remain strictly within the specified areas and
campers shall strictly observe the City's noise control regulations and time limitations
for the three day period.
3.
Campers shall abide by those conditions of use imposed by the Port Angeles High
School administration at all times.
4. Spacing of campers shall be as required by the Fire Department with at least 6' spacing
between vehicles. The east/west alley south of the maintenance shop area shall remain
unobstructed and available for emergency access.
Findings:
1. An application was received from Bruce Monro on behalf of the Northwest Tandem
Bicycle Rally, to allow overnight camping in association with a planned bicycle rally
activity on January 24, 2000.
2. The application was determined to be complete on February 14, 2000. Legal
notification was placed in the Peninsula Daily News on March 1, 2000. Eighty-eight
(88) notices were mailed to property owners within 300' of the site on February 28,
2000. One positive comment was received as a result ofthe notification.
3. The event is planned for four days, June 30, 2000, through July 3, 2000, at the Port
Angeles High School.
4.
Other available areas suitable for the event were considered in choosing the rally site but
were not chosen due to availability or lack of desired facilities such as a large enclosed
meeting area.
.
.
.
Planning Ccmmission Minutes - April 26, 2000
Page 16
5.
The congregation site for the rally is the Port Angeles High School is located at 304 East
Park Avenue in the PBP, Public Buildings and Parks Zone.
6, The gymnasium locker room area win be available for sanitation needs of dry campers.
R V campers will be self contained.
7. A Determination of Nonsignificance (#903) was issued for the proposed activity on
March 17,2000.
8. Bruce Monro, spokesperson for the Rally, stated that the camping activity will not be
encouraged but will be available on a limited basis.
9. The Comprehensive Plan Land Use Designation for the site is LDR, Low Density
Residential. The zoning designation of the site is PBP, Public Buildings and Parks zone.
The PBP zone allows for recreational uses.
10. Review of the City's Comprehensive Plan goals and objectives indicates the following:
Utilities and Public Services Element Goal A - "To provide or allow the opportunity
for services and facilities which enhance the quality oflife for Port Angeles citizens of all ages,
characteristics, needs, and interests."
Goal B. Policy 4. reads - "The City should develop and use public facilities
cooperatively, in the promotion of social and community services."
Open Space Goals, Policies, and Objectives oftlte Land Use Element Goal J. Objective
4 reads - "Every effort should be made to consolidate and utilize land donated for public use
which provides common open space, public buildings, parks, and recreational opportunities.
11, The City's Parks and Recreation Plan states "School district/community cooperation:
Continue to make schools available to the community after school hours and on
weekends; joint development or maintenance and operation of school fields and other
facilities; park development adjacent to school playing fields." and "Encourage
cooperation in development of facilities and programming with the private sector,
school district, and other agencies and groups..." and "Combine municipal facilities with
county and/or school district facilities and services whenever economies would result
without a reduction in the quality or level of service" and lastly "Joint programming
between City agencies, schools and non-profit groups."
Conclusions:
A
The proposal is consistent with the City's Comprehensive Plan goals, specifically
Utilities and Public Services Element Goal A, Goal B Policy 4, and Open Space Goals,
Policies, and Objectives of the Land Use Element Goal J. Objective 4, and the City's
zoning regulations.
.
Planning Commission Minutes. April 26. 2000
Pnge 17
B.
As conditioned, the proposal should not result III any unusual impacts to the
surroundings neighborhood.
C. As conditioned, the activity is in the public interest.
The motion was seconded by Commissioner Norton and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
The Commission bid Senior Planner David Sawyer a hearty thank you and the best of good luck
on his appointment as the Planning Manager for the City of Sammamish. He will be missed by
all.
REPORTS OF COMMISSION MEMBERS
None
. ADJOURNMENT
.
The meeting adjourned at 9:30 p.m.
~~
Brad Collins, Secretary
I/~
Fred Hewins, Chair
PREPARED BY: S. Roberds
· FORTANGELES
WAS H I N G TON, U. S. A.
PLEASE SIGN IN
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
Meeting Agenda of: ~'! r::<1"/~m
PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Signature below does not REQUIRE you to testify - it only acknowledges your presence.
NAME:
ADDRESS:
Testifying on
A enda Item No.
PI: {J 0"1J - ~
PkJ 00' 0
15-O~
CUj/J 00- DI