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HomeMy WebLinkAboutMinutes 05/12/1993 . m. IV. . v. . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 12, 1993 7:00 P.M. I. CALL TO ORDER II. ROLL CALL APPROVAL OF MINUTES: Meeting of April 28, 1993 SHORT PLAT APPEAL: SHORT PLAT APPEAL - RALSTON. SHP 93(02)01. Park and Porter Streets: Request for appeal of two conditions of short plat approval for a 4-10t plat in the RS-9, Residential Single-Family District. 1. PROPOSED AMENDMENT TO THE PARKING REGULATIONS AS THEY PERTAIN TO THE PARKING BUSINESS IMPROVEMENT AREA (PHIAl. Downtown. 2. EXTENSION OF CONDITIONAL USE PERMIT - CUP 92(05)06 - BUDGET RENT A CAR. Northeast corner of Front and Oak Streets: Request for extension of a conditional use permit to allow the continuation of the use of an unimproved property as a commercial parking lot in the CBD, Central Business District. 3. REZONE REQUEST - REZ 93(05)08 - McNUTT. 229 East First Street: Request for rezone of approximately 11,900 square feet of property from ACD, Arterial Commercial, and CBD, Central Business, to RHD, Residential High Density. 4. CONDITIONAL USE PERMIT - CUP 93(05)06. 229 East First Street: Request for a conditional use permit to allow a residential use in the ACD, Arterial Commercial and CBD, Central Business District. 5. PRELIMINARY SUBDIVISION - MILW AUKEE HEIGHTS. Southwest comer of Milwaukee and uNu Streets: Proposal to subdivide approximately 6.88 acres into 24 residential lots in the RS-9, Residential Single-Family District. Planning Commission: Bob Winters, Chairman; Cindy Soudel'1l, Vice Chairman; Roger Catts; Bob Philpott; Orville Campbell; Carl A1elUlnder and Linda Nutter. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; John Jimel'1lon. Associate Planner. . . . Planning Commission Agenda Page 2 6. EXTENSION OF CONDITIONAL USE PERMIT - mGHLAND COMMUNITIES - Between Lauridsen Boulevard and Melody Lane; Request for extension of a conditional use permit to allow a congregate care facility as part of a Planned Residential Development project in the RHD, Residential High Density District. VI. COMMUNICA nONS FROM THE PUBLIC VII. STAFF REPORTS Vill. REPORTS OF mE COMMISSION IX. ADJOURNMENT PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Planning Commission, not the City Staff representatives present, unless directed to do so by the Chairman. . . . ill. MINUTES PLANNING COMMlSSION Port Angeles, Washington 98362 May 12, 1993 7:00 P.M. I. CALL TO ORDER Chairman Winters called the meeting to order at 7:05 P.M. II. ROLL CALL Members Present: Linda Nutter, Roger Catts, Cindy Souders, Bob Winters, Bob Philpott, Orville Campbell and Carl Alexander. Staff Present: Sue Roberds, John Jimerson, David Sawyer and Ken Ridout. Public: Craig Miller, Dr. Harlan McNutt, Mrs. Joyce Rose, James Morse, Jr., Mr. and Mrs. Joe Roebuck, Jim Haguewood, Barry Berezowsky, Kevin Thompson, Rob Linkletter, Gordon Phares, John Ralston, Tim German, Nancy McHenry and Lorraine Ross. APPROV AL OF MINUTES Commissioner Philpott moved to approve the April 28, 1993, minutes of the Planning Commission as presented. Roger Catts seconded the motion correcting that he was excused from the April 28th meeting. Two typographical errors were noted on page 8 of the April 28, 1993, minutes which were corrected. Cindy Souders corrected her statement on page 6 of the minutes to read ,.... her neighborhood is a mix of conventional single-family residential structures/uses, multi-family uses including a mobile home, and the uses are y(~ry oompatible acceptable". The motion was called for with the corrections as noted and accepted, and passed unanimously. IV. SHORT PLAT APPEAL: SHORT PLAT APPEAL - RALSTON. SUP 93(02)01. Park and Porter Streets: Request for appeal of two conditions of a preliminary short plat approval for a 4- lot plat in the RS-9. Residential Single-Family District. John Jimerson reviewed the Department Report and answered questions from Commission members concerning the layout of the short plat lots as they relate to other property in the immediate area including that property in the area which is owned by the applicant and which is available for further division. Commissioner Philpott stated that he would be more comfortable looking at the entire area owned by the applicant rather than lot by lot, short plat by short plat review in order to assure orderly development of the neighborhood, as it is likely that future short plats will occur at this location. Planning Commission Minutes May 12, 1993 Page 2 of 20 . Commissioner Souders stated that it makes a difference to know the applicant's plans for platting of his properties in the area as those ownerships could change. Chairman Winters then opened the public hearing after explaining the appeal procedure to the audience. John Ralston, P.O. Box 1405, stated that he has sold Lot No.2, immediately west of the subject site. Residences in the proposed short plat can be served from either Park or Highland A venue so there is no need to develop an alley in this area. Recent subdivisions in town are not using alleys. Elimination of the alley will allow for larger lots. Mr. Ralston said that foot traffic in the area is light. It is likely that an L.I.D. will be requested at some point in the future because of development in the area. The roadway is not straight and may have to be realigned at some point. It is not economically responsible to provide improvements which may have to be replaced at a future date due to an L.I.D. The closest sidewalk is (west) at Race and Park Streets. Children walking to school tend to be coming from the north of the school. He is not opposed to making some improvements. Commissioner Campbell asked why the applicant did not plat his entire holdings at one time rather than piecemeal. . Mr. Ralston answered that he prefers to develop his properties one step at a time. More concerns need to be addressed if a full subdivision is proposed. Deputy Public Works Director, Ken Ridout, answered a question from Commissioner Souders concerning imposition of an L.I.D. Mr. Ridout stated that historically the City of Port Angeles has not instituted L.LD.s, and prefers property owners initiate them by petition. Most communities provide for the imposition of L.I.D.s. A development agreement was at one time in place for Porter Street, but has expired with little improvement to the area. Most government entities prefer not to participate in L.I.D.s; however, the neighboring property owner in this area, Bonneville Power Association (BPA) has been agreeable in the past, and might be willing to participate in a future L.I.D. for this area. Mr. Ridout answered Commissioner Philpott that required curbs and sidewalks could be aligned so they would not have to be replaced if an LJ.D. were to follow the development. . Commissioner Nutter stated concern that there are currently no impact fees to deal with the effect on existing schools. The requirement for provision of sidewalks to assure the safety of children who attend Franklin School is very appropriate. The provision of sidewalks is one way by which the applicant could help to mitigate the impacts to the school by providing for the childrens' safety while walking to and from school. She also stated a concern that without an alley, future lots in this area will have to be developed in very long, narrow configurations. Commissioner Catts moved to uphold the Planning Department's preliminary approval of the short plat with modification to condition No.2 which eliminates the . . . Planning Commission Minutes May J2, 1993 Page 3 of 20 requirement for provision of a 20-foot alley. The amended conditions, rmdings and conclusions are as follows: Conditions: 1. Submit a stonn drain plan to the Public Works Department for review and approval. 2. Dedicate to the City the rights-oC-way needed to serve the site including 10 feet along Park and Porter A venues and 30 feet along Highland A venue. 3. Curb, gutter and sidewalk shall be provided along the Park and Porter A venue frontages. If necessary, the paving from the existing roads shall be extended to the curb consistent with City standards. Findines: 1. Approval is based upon a preliminary plat prepared by Northwestern Territories dated February 1, 1993. 2. The subject property is identified by the Port Angeles Comprehensive Plan as Suburban Residential Environment, which encourages residential development with lots between 9,000 and 14,000 square feet in size. There are a number of Comprehensive Plans Goals, Policies and Objectives which are relevant to the proposal including Goals Nos. 1, 3 & 5; Residential Policies Nos. 2, 4, 5, 8, 9 & 11; Circulation Policies Nos. 3, 4, 6, 7,8 & 10. 3. The subject property is identified by the Port Angeles Zoning Map as RS-7, which allows single-family dwellings on 7,000 square foot lots. 4. The proposed short plat would create four regularly shaped lots averaging 7663 s.C. in area and 65' in width. 5. The site is vacant and abuts on two arterial roads and one access road. Both arterials, Park and Porter A venues, have been identified as school walking routes. 6. There is adequate lot area to provide the additional right-of-way dedication as conditioned and to create four townsite lots. 7. Section PAMC 16.04.100 requires that the Port Angeles Planning Director detennine if appropriate provisions for public health, safety and general welfare of the community have been made and whether the public use and interest is served by approval of the short plat application. 8. The Port Angeles Public Works, Light and Fire Departments reviewed the proposed short plat and their comments have been considered in the review. Public Works has commented that there are sufficient utilities and rights-of- way to serve the short plat. . . . Planning Commission Minutes May 12, 1993 Page 4 of 20 9. There are two schools in the vicinity including Franklin School to the west and Peninsula Community College to the east. 10. A portion of the Highland View Acre Tracts to the south has been resubdivided which utilized the grid circulation pattern with alleys which eliminated the need for pan handle lots. 11. Section 16.04.070(B)(4) PAMC (Short Plat Ordinance) allows dogleg lots "if there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties. Conclusions: A. As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposed short plat is consistent with the Port Angeles Short Plat Code, Chapter 16.04 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. As conditioned, approval of the proposed short plat provides for the public health, safety and general welfare of the community and serves the public use and interest. Commissioner Philpott spoke against the elimination of the alley requirement because the lots could then be nearly 300 feet deep. An alley is needed. In response to a question, Mr. Ralston indicated that subsequent development in the area will be proposed without alleys if allowed. An alley is a disadvantage, he said. Commissioner Campbell indicated he would have preferred to see a subdivision of the area rather than piecemeal development. An L.I.D. will not accomplish orderly development of the area, but a planned subdivision would. Improvements need to be established as the area is developed. Commissioner Alexander stated he would rather see the applicant install improvements to Porter and be allowed to enter into a non-protest L.I.D. for Park Avenue. The question was called for and the motion carried 4 - 3, with Commissioners Campbell, Catts, Souders and Winters voting for the motion, and Commissioners Nutter, Alexander and Philpott voting in the negative. V. PUBLIC HEARINGS PROPOSED AMENDMENTT<? THE PARKING REGULATIONS AS THEY PERTAIN TO mE PARKING BUSINESS IMPROVEMENT AREA (PBIAl, Downtown. John Jimerson reviewed the Department Report. In response to questions concerning the Planning Commission Minutes May 12, 1993 Page 5 of20 . interim time frame proposed, David Sawyer answered that one way to address the interim time frame is through the Growth Management's requirement that development regulations be brought in line with the Comprehensive Plan which will be completed in the next year and a half. A re-evaluation of the interim ordinance along that time line could be worked out. Mr. Jimerson added that the immediate effect of the proposed change would be a 50% reduction in the parking standards for the Downtown, and the grand fathering clause would eliminate the requirement for additional parking when there's a change of use within an existing building. The requirement for an in-lieu fee would not go into effect until a parking development and management plan is approved. Commissioner Nutter asked how the conditions of approval will be enforced and what the penalty would be. Mr. Sawyer answered that the conditions of approval basically revolve around the formulation of a parking development and management plan. The City would be evaluating the parking develoment and management plan to see if it is effective plan and it will be submitted to the Planning Commission and City Council for approval. If the Commission and Council are not satisfied when it is time for that evaluation, changes can be made or approval withdrawn. The parking situation with the Downtown Association will be monitored on an annual basis. . Commissioner Philpott asked if there is currently parking available to meet the reduced requirements proposed by the Downtown Association. Mr. Jimerson answered that if the Downtown is considered as a whole, there would be enough parking at present to satisfy the current parking needs. Chairman Winters opened the public hearing. Greg Share, 139 West Twelfth Street, President of the Port Angeles Downtown Association, said the Downtown is currently involved in the Mainstreet Program. The Port Angeles Downtown Association (PADA) has a membership of 168 with a board of 13 members. The current proposal requesting approval of a 50% reduction in the parking standard reflects the status quo. The current ordinance inhibits development of the Downtown. Jim Haguewood, 705 Cristman Place, explained some of the history of the development of the Parking Business Improvement Area (pBIA). The present proposal was voted on with overwhelming support. The Downtown is different than other business areas of the City. It is unique and requires its own parking standards. . Rob Linkletter, 1324 East First Street, stated that the future development of the Downtown is severely restricted due to the current parking restrictions. The PADAwill always try to impress on any developer to provide as much on-site parking as possible while maintaining the uniqueness of the Downtown. Without a parking reduction for the Downtown and the inclusion of a grandfathering clause, future development of the Downtown business core is in serious jeopardy. The current proposal will allow larger uses to function in the Downtown once more. A parking investment surcharge and an in- lieu fee will go toward future parking arrangements and maintenance of existing parking areas. Planning Commission Minutes May 12, 1993 Page 6 of20 . Gordon Phares, 542 Walker Valley Road, concurred that the Downtown is unique and its use should be encouraged and preserved. Many uses in the Downtown share customers. The Downtown business people and the City are stewards of an area that was developed in its present manner over 100 years ago. The problem is not control, but is in maintaining the economic viability of the Downtown. Parking reductions will allow for an opening of economic vitality to exist in the PADA as the current parking standards are too restrictive for this area. Mr. Phares stated that Planning stafrs analysis was visionary and poignant in its analysis of the Downtown and its parking situation. Lorraine Ross, 418 East Front Street, stated that the Port Angeles Downtown was vibrantly alive in the early 1960's. Existing parking lots were covered with buildings. The only way to save the Downtown is to forget the parking standards. We need more uses not more parking. There being no further comment, Chairman Winters closed the public hearing. Chairman Winters asked Rob Linkletter about the interim time frame. Mr. Linkletter responded that the Association is comfortable with a one year interim time frame as agreed to with the Planning Department. . David Sawyer stated that the one year interim timeline with an evaluation at the end of one year is satisfactory to the Planning Department. Stafrs recommendation does not designate the actual in-lieu fee but that the in-lieu fee shall be developed through a formula which will be incorporated in the development plan. The formula will define the why and how and perhaps have an escalation clause to account for inflation. Commissioner Nutter stated that most Mainstreet studies have shown that for a vibrant downtown area, there needs to be continuity and consistency between buildings rather than leaving large voids. A huge parking lot doesn't make sense. Ms. Nutter suggested that there needs to be some incentive for people to travel to the Downtown in other than their own vehicles or there will not be enough parking at certain times of the year. David Sawyer added that Ms. Nutter's concern is a legitimate one. Staffs recommendation does not recommend elimination of the automobile from the Downtown. Based on the studies that have been presented, it appears the parking that exists in the Downtown is being underutilized. When usage of the existing Downtown parking areas is calculated at 85%, new spaces will have to be provided. Commissioner Souders encouraged incentives for Downtown employees to not use their vehicles for travel to work. The PADA representatives have shown that there are different conditions existing in the Downtown. . Commissioner Alexander noted this is a very complex subject. He agreed that the P ADA deserves a chance to answer the important parking questions which need to be addressed. He favored an interim parking situation where that could happen. If they are wrong about the amount of parking needed, they will be the most affected. Commissioner Catts concurred that a one-year interim provision may give the P ADA an opportunity to try their proposed solution; however, it is difficult to apply different rules . . . Planning Commission Minutes May 12, 1993 Page 7 of 20 to similar uses in different areas of town. Commissioner Philpott moved to forward a favorable recommendation for approval of an interim ordinance for a one-year time period which allows the reduction of parking for areas in the PBIA to one-half (50%) the standard for the same uses in other portions of the City and which grandfathers parking for existing buildings so that a change of use that does not expand the floor area will not require additional parking. Further, the ordinance should include a provision for payment of an in- lieu fee for the purpose of meeting off-street parking requirements, with the amount to be determined through the Parking Development and Management Plan. The recommendation is made with the following conditions: Conditions: 1. A Parking Development and Management Plan initiated and prepared by the Port Angeles Downtown Association as outlined above shall be submitted to the Planning Commission and City Council for review and approval; 2. The Parking Development and Management Plan shall at a minimum address: (a) The role of the Port Angeles Downtown Association and how it is organized. (b) Where and how new parking lots/spaces will be provided including (wancing and cost analysis. (c) Clarification of when new parking spaces will be built with funds generated from the in-Ueu fees. (d) A CUITent inventory of existing land uses, downtown occupancy rates, parking facilities (spaces) and use survey. (e) Explanation of how in-lieu fee amount is determined. (0 Maintenance Program. (g) Annual Report Requirements. (h) Techniques for managing parking spaces for maximum effectiveness and for providing infonnation on availability of parking to the public. (i) Programs for reducing the need for automobiles in the Downtown including incentive programs for employees to use alternative modes of transportation. 3. The payment of fees in-lieu of required parking will not be accepted for meeting parking requirements until the City has approved the Parking Development and Management Plan. Planning Commission Minutes May 12, 1993 Page 8 of 20 . This recommendation is made in consideration of the following findings and conclusions: Findines: 1. The proposal is (a) to reduce the parking requirement for businesses located in the Central Business District to one-half the number of parking spaces required for the same land uses in the rest of the City, (b) to include a "grandfather clause" which would eliminate the requirement for providing additional parking for a change of use that doesn't increase building size, and (c) to amend the PBIA ordinance to create a new in-lieu fee of $4,000 per parking space and a new annual assessment of one cent per square foot of floor area. 2. The City amended Section 14.40.120 PAMC in January, 1992. This amendment significantly reduces the requirement for parking when the use changes in an existing building. 3. The applicant has indicated that desired uses for economic development of the downtown, such as restaurants, have been discouraged because of the parking requirements. . 4. Under existing regulations, acceptance of membership in the Parking and Business Improvement Area (PBIA) is not acceptable grounds for providing a fee in-lieu of parking because the PBIA does not provide the parking required for all of the uses consistent with Section 17.40.170 (B). 5. The applicant has stated that the existing parking lots are used to 50% capacity. As a volunteer group, they have conducted a number of inventories of use of parking over the past several years. 6. There are a number of Comprehensive Plan policies which have been identified in the staff report being most relevant for the proposal. In general, these policies encourage economic development, creating a pedestrian oriented downtown, and minimizing congestion and accidents - specifically by providing sufficient off-street parking. 7. No analysis has been conducted to determine appropriate parking standards. A Parking Development and Management Plan will be developed to mitigate the reduction in parking. 8. A Parking Development and Management Plan will be developed to ensure effective and equitable development of parking with funds raised through an in lieu fee and annual assessment. . 9. A Parking Development and Management Plan will be developed to ensure the most effective means of managing parking to minimize traffic congestion and hazards. . . . Planning Commission Minutes May 12, 1993 Page 9 of 20 Conclusions: A. As conditioned, the proposed amendment adequately balances the need for economic development and a healthy downtown and the need to minimize traffic congestion and accidents. B. A Parking Development and Management Plan will provide a means to effectively manage downtown parking areas and manage collection of funds and construction of new parking facilities. C. The proposed amendment is consistent with the Comprehensive Plan Goals and Policies which support economic development. D. As approved, the amendment mitigates traffic impacts in order to maintain consistency with the Comprehensive Plan Goals and Policies which encourage minimizing congestion and accidents by ensuring adequate off-street parking is provided. Commissioner Alexander seconded the motion. In speaking to the motion, Commissioner Souders reiterated that incentives should be provided, such as bus passes, especially for employees working in the Downtown to allow for maximum utilization of available parking in the Downtown, and suggested adding condition 2(i) to that end. The maker of the motion and the second concurred. The question was called for and passed unanimously. EXTENSION OF CONDmONAL USE PERMIT - CUP 92(05)06 - BUDGET RENT A CAR. Northeast corner of Front and Oak Streets: Request for extension of a conditional use permit to allow the continuation of the use of an unimproved property as a commercial parking lot in the CBD, Central Business District. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Greg Patterson, 529 East Sixth Street, represented Budget Rent-A-Car. He said that the parking lot property is on a month to month lease and not owned by Budget Rent-A- Car. Consequently, Mr. Heckman does not wish to pave the property. The property is gravelled and has been graded to address the dust problem. There being no further concerns, Chairman Winters closed the public hearing. Commissioner Souders moved to approve the use for an additional year with the two conditions as follows: Conditions: 1. The extension shall be for a one year period, until May 13, 1994. . . . Planning Commission Minutes May 12, 1993 Page 10 of 20 2. A parking lot attendant shall be on-duty during those times when vehicles are being parked. Findines: 1. The Central Business District zone allows independent parking lots as a conditional use. 2. - The use of the property as a parking lot is not consumptive of limited land in the Central Business District and can be converted to a higher use. 3. There are other independent parking lots in the vicinity, as well as the COHO Ferry, which generates the need for long-tenn off-street parking in the Downtown area. 4. The parking ordinance requires that parking lots providing required parking shall be paved with concrete, asphalt or other hard surface paving. The ordinance does not contain standards for parking lots not intended to provide required parking. 5. The property is leased month to month by the applicant. The property is for sale by the owner. 6. Tbe lot serves as overflow for ferry parking during primarily July and August. It receives little use during the rest of the year. Conclusions: A. The Conditional Use Pennit is compatible with the land uses in the vicinity and the Central Business District zone. B. The Conditional Use Permit is in the public use and interest and is not detrimental with the public welfare. C. The Conditional Use Pennit is consistent with the Port Angeles Zoning Code, Comprehensive Plan and other applicable land use regulations. Commissioner Catts seconded the motion, which passed unanimously. REZONE REQUEST - REZ 93(05)08 - McNUTI. 229 East First Street: Request for rezone of approximately 11,900 square feet of property from ACD. Arterial Commercial, and CBD, Central Business, to RHD, Residential High Density. John Jimerson reviewed the Department Report. Commissioner Souders retired from the meeting room due to an appearance of fairness. Chairman Winters opened the public hearing. Planning Commission Minutes May 12, 1993 Page 11 of 20 . Dr. Harlan McNutt, 229 East Frrst Street, stated that when the property was originally zoned Arterial Commercial many years ago (1950's) he objected strongly to the commercial designation. He understood at that time it would not be a problem to qualify for a rezone in the future. The property will not support a commercial activity due to the topography. The best use of the property is as residential. Craig Miller, 230 East Fifth Street, concurred that the property's best use is residential. The condominium unit was built as part of a proposed mixed use commercial-residential planned residential development (PRO) which now will not be completed, and as such, the condominium unit does not meet the zoning requirements of the ACD district. It is necessary to obtain an occupancy permit occupy the structure. To do so, the building must be in compliance with the underlying zoning. Otherwise, the building will remain vacant. The site is topographically inconsistent with commercial wning. Access is not possible except through a dead end residential alley. He suggested a finding that wning of the property was originally incorrect in support of the rewne. . Jim Morse, 222 East Front Street, a resident directly north of the subject condominiums, stated that he does not want his property included in a further rewne of the area from Arterial Commercial to Residential High Density (RHD) as suggested by staff. The entire northern portion of the hill at this location is accessed through a narrow, congested alley and contains high density residential units. Rezone of the area north of the requested site would result in massive parking problems if further developed in high density residential uses. He did not oppose Dr. McNutt's rewne proposal. Joyce Rose, 22 South Ridgeview Drive, stated that the topography is not suited for commercial development of this site. She asked that the property be rezoned to RHD as proposed. Port Angeles needs more multi-family housing. Mr. Jimerson explained that both the Arterial Commercial and Residential High Density districts allow multi-family residential uses at the same densities. Given the topographic constraints, it would be difficult to add more units to the site. There being no further comments, Chairman Winters closed the public hearing. Following discussion, Commissioner Philpott moved to recommend approval of the rezone request from Arterial Commercial (ACD) and Central Business (CBD) to Residential High Density (RHD) to the City Council citing the following findings and conclusions: Ymdines: 1. The approval is for a rezone, from ACD and CBD to RHD, of a site with abut 11,900 s.f. of site area. . 2. There are a number of Comprehensive Plan land use designations that converge near the site, including urban residential, auto commercial, CBD and daily commercial. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Residential Policies Nos. 13 & 15-18; Commercial Policies Nos. . . . Planning Commission Minutes May 12, 1993 Page 12 of 20 1,2 & 6-7; Social Objectives Nos. 1-3; and Land Use Objectives Nos. It 2 & 4-6. 3. The City of Port Angeles SEPA Responsible Official issued a Detennination of Non-Significance for the rezone on April 28, 1993. 4. Property west of the site is zoned CBD with ACD to the northt south and east. There is existing RHD zoning on the north side of the alley, about 300 feet east of the site. 5. The site is improved with a four unit condominium building. Parking is provided in garages which are accessed from the First/Front alley. 6. The site is located on a bluff located above First Street. 7. Access to the site is limited to the alley, via Chase Street. 8. The other uses on the bluff are also residential. Those facilities share the same access limitations as the subject property. 9. The site is zoned CBD and ACD which allows residential uses in a mixed use development. 10. The blufftop properties have been zoned ACD since at least 1966. There are no known commercial uses on the site or on the north side of the alley. Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding zoning. B. The rezone is consistent with the Goals, Policiest and Objectives of the Comprehensive Plan, specifically, those identified in Finding No.2. C. Circumstances have changed since the property was zoned ACD. At least 27 years have passed without any commercial development despite the commercial zoning and despite the 1990 code amendment which allowed mixed residential/commercial uses. Commissioner Catls seconded the motion. In speaking to the motion, Commissioner Alexander stated that he would vote in favor of the motion; however, reluctantly, as this is not the way development should occur within the City. Properties should not be developed then rezoned to a zoning designation which allows that use to exist legally. It is the better of the two proposed alternatives, however. It makes no sense to allow a new building to remain vacant; however, that new building will become non-conforming with respect to setbacks in the new rezone district as it was built to its current zoning setback requirements which are less restrictive. He . . . Planning Commission Minutes May 12, 1993 Page 13 of 20 counseled the Commission that this type of situation cannot be allowed to happen again. The question was called for and passed unanimously. Further, Commissioner Alexander moved to initiate a rezone proposal for those properties lying east of the subject site to Chase Street and north of the subject site, lying north of the Front/First Street alley which exist between the existing Central Business (CBD) and Residential High Density (RHD) zones, citing the following findings and conclusions: Findinl:s: 1. The approval is for a rezone, from ACD and CBD to RHD, of a site with abut 11,900 s.f. of site area. 2. There are a number of Comprehensive Plan land use designations that converge near the site, including urban residential, auto commercial, CBD and daily commercial. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Residential Policies Nos. 13 & 1.5-18; Commercial Policies Nos. 1, 2 & 6-7; Social Objectives Nos. 1-3; and Land Use Objectives Nos. 1, 2 & 4-6. 3. The City of Port Angeles SEPA Responsible Official issued a Detennination of Non-Significance for the rezone on April 28, 1993. 4. Property west of the site is zoned CBD with ACD to the north, south and east. There is existing RHD zoning on the north side of the alley, about 300 feet east of the site. 5. The site is improved with a four unit condominium building. Parking is provided in garages which are accessed from the First/Front alley. 6. The site is located on a bluff located above First Street. 7. Access to the site is limited to the alley, via Chase Street. 8. The other uses on the bluff are also residential. Those facilities share the same access limitations as the subject property. 9. The site is zoned CBD and ACD which allows residential uses in a mixed use development. 10. The bluffiop properties have been zoned ACD since at least 1966. There are no known commercial uses on the site or on the north side of the alley. . . . Planning Commission Minutes May 12, 1993 Page 14 of20 Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding zoning. B. The rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No.2. C. Circumstances have changed since the property was zoned ACD. At least 27 years have passed without any commercial development despite the commercial zoning and despite the 1990 code amendment which allowed mixed residential/commercial uses. Commissioner Nutter seconded the motion. In speaking to his motion, Commissioner Alexander stated that his motion is not intended to indicate that the planning Commission has already concluded that it is desirable to rezone the property in the proposed area. The action is intended to allow a review of the zoning and the uses. Commissioner Alexander then moved to include that portion of property located immediately west of the subject property in the rezone consideration as well. The second agreed. The question was called for and passed unanimously. CONDITIONAL USE PERMIT - CUP 93(05)06. 229 East First Street: Request for a conditional use permit to allow a residential use in the ACD, Arterial Commercial and CBD, Central Business District. Chairman Winters opened the public hearing. Dr. Harlan McNutt, 229 East First Street, agreed with Mr. Miller's suggestion that the conditional use permit application be continued to the June 9, 1993, meeting of the Planning Commission in order to allow the City Council's decision on Rezone Request No. REZ 93(05)08. No one else spoke on the matter. Commissioner Catts moved to continue the hearing to June 9, 1993, at 7 P.M., City Council Chambers. The motion was seconded by Commissioner Philpott and passed unanimously. Commissioner Souders returned to the meeting room. Planning Commission Minutes May 12, 1993 Page 15 of 20 . PRELIMINARY SUBDIVISION - MILW AUKEE HEIGHTS. Southwest comer of Milwaukee and "N" Streets: Proposal to subdivide approximately 6.88 acres into 24 residential lots in the RS-9, Residential Single-Family District. John Jimerson reviewed the Department Report, answered questions from Commission members and clarified changes requested by the applicant. Tim German, 1482 Gasman Road, said he intends to improve the south portion of Milwaukee Drive with sidewalk to "Nil Street. He displayed a picture showing a children's park similar to the one he will build in Phase II and dedicate to the City. Mr. German spoke in favor of panhandle lots as in some cases they are difficult to avoid, especially in cul-de-sac situations, and they can offer privacy not enjoyed by those with properties fronting directly on streets. Panhandle lots also allow for more flexibility in the design of a subdivision. Mr. German presented a number of slides of plats within the City previously approved with panhandle lots. He objected to condition No. 10 of preliminary approval which relates to verification of adequate sewer capacity in the neighborhood pump station prior to final plat approval. Phase I is ready for immediate fmal submittal. Development of Phase II depends on the real estate market. He predicted a final for Phase I this summer, with Phase n in the summer of 1994. . There was concern that the "tot lot" proposed directly off of the West Eighth Street extension and adjacent to undeveloped City property. The applicant does not plan to fence the park area. Mr. German said it was his understanding that the City property had been donated for a park. Lorraine Ross, 418 East Front Street, the seller's agent, stated that the owners of the subject property (McWilliamses) contributed to the development of the existing sewer system in Milwaukee Drive many years ago, and expected that that contribution already paid for future sewer needs at this site. She did not think it is fair to hold up the development for investigation of the sewer capacity in the area. Joe Roebuck, 2508 West Tenth Street, asked about development of a new park in the area. Mr. Jimerson answered that although the property had been donated as a park, there are no immediate plans for its development. In response to a question as to the possibility of West Eighth Street extending west beyond this property to newly proposed subdivision areas further west, Mr. German stated there is no right-of-way west of this property for West Eighth Street. He added that he felt part of the price he paid for the property included the fact that the owners had contributed to the sewer system at its development. Mr. Ridout noted that it is common for developers to foot the cost of new utility construction. There being no further comment, Chairman Winters closed the public hearing. . Lengthy discussion ensued regarding the requirement that the applicant do a sewer capacity study prior to final plat approval to ensure adequate capacity in the neighborhood pump station. Ken Ridout, Deputy Director Public Works, stated that the current pump station is approximately 20 years old, and was designed to accommodate growth foreseen Planning Commission Minutes May 12, 1993 Page 16 of 20 . at that time but may not be able accommodate the new series of subdivision proposals in the area. A sewer study is needed to know for sure. The City did not anticipate the rash of subdivision proposals for this area and therefore is not prepared to begin such a study immediately. There are many other public works projects which are waiting. There was discussion concerning latecomer's fees. The applicant again objected to providing a sewer study. A question was raised by Commissioner Alexander as to the Fire Department's concerns regarding Lot 1. Although no one from the Fire Department was present to concur, Mr. German said his discussion with the Fire Department resulted in the understanding that they would require Lot I to be sprinklered and clearly identified for emergencies. Commissioner Nutter stated her concern that the development will further impact the schools in the area. The schools are well over capacity at present and cannot handle any more subdivisions which generate school children. David Sawyer responded that the City is well aware of the overcrowding; however, there are no means by which to address the situation at present. Impact fees will be addressed when formalizing the City's Capi~ Facilities Plan and could be attached to building permits. . Commissioner Souders moved to recommend approval of the preliminary subdivision with the conditions as follows: Conditions: 1. The applicant shall dedicate to the City the 2,400 s.f. area lot shown on the southwest corner of the plat and develop a tot lot on it and the adjacent City property. Design of the tot lot shaU be approved by the City Parks Department prior to final subdivision approval. 2. Powerlines serving the subdivision shall be located underground. 3. Show aU necessary easements for utilities and electrical facilities on the fmal plat. The easement between the cul-de-sac and Milwaukee Drive shall be of sufficient width as approved by the Pub6c Works Department. 4. On-site detention and stonn drainage facilities, per the Clearing and Grading Ordinance, will be required as part of the stonnwater plan. Off-site improvements to the stonn discharge at the north end of "N" Street may be considered in lieu of detention. 5. The minimum width for the interior street right-of-way is 60 feet. The cul- de-sac shall meet Fire Department requirements. . 6. In addition to the sidewalks required by the MONS, street improvements to Milwaukee Drive shall meet minimum City standard for subdivision which includes curb and gutter along the site frontage, and paving half plus 10 feet of the street, if not already existing. . . . Planning Commission Minutes May 12, 1993 Page 17 of 20 7. Beyond the sidewalks required by the MDNS, no additional improvements are required for "N" Street. 8. Improvements to Eighth Street sball meet nnmmum City standard for subdivision which includes curb and gutter along the site frontage, and paving half plus 10 feet of the street. 9. The interior cul-de-sac shall be fully paved with curb and gutter installed on both sides during Phase II. 10. The City's engineer shall verify if adequate capacity exists in Pump Station No.1 on Fourth Street, near 2100 Block, west. If there is not adequate capacity, fmal plat approval shall not be granted until provisions are made for increasing capacity to a level necessary to serve the subdivision. 11. There shall be 10 foot radius property corners on street intersections and a 20 foot radius on the cul-de-sac approach. 12. Water shall be looped through the site. Minimum size shall be 6 inch in the Eighth Street extension and the cul-de-sac in Phase II. 13. Fire hydrants shall be installed to Unifonn Fire Code in locations determined by the Fire Department and shown on the fmal plat. Findines: 1. The request is for approval of a twenty-seven (21) lot subdivision as depicted on a preliminary plat titled "Revised Preliminary Plat of Milwaukee Heights" dated April 2, 1993 and revised April 28, 1993. 2. The property is zoned Single-Family residential, RS-9. 3. The Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000-14,000 s.C. lots. A number of Comprehensive Plan Policies have been identified as most relevant to the proposal including Goals Nos. 1, 3 & 5; Residential Policies Nos. 4-8 & 11; Circulation Policies Nos. 4, 7, 8 & 10; Parks and Recreation Policies Nos. 1- 5; Urban Design Policy No.4; Social Objectiyes Nos. 1-3; and Land Use Objectives Nos. 1, 2 & 4-7. 4. The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW. 5. The lots meet the dimension and area requirements of the RS-9 zone. 6. The application is conditioned to require street improvements be made to City standards. 7. The application is conditioned to ensure adequate water, stonnwater and . . . Planning Commission Minutes May 12, 1993 Page 18 of 20 sewer facilities for the subdivision. 8. A Mitigated Detennination of Non-Significance was issued on April 28, 1993 with four mitigation measures. They include requirements for street improvements, compliance with the City's critical areas ordinances and review of impact on school facilities with the development of the Capital Facilities Plan. 9. Milwaukee and "N" Streets have been identified as arterial roadways. 10. The applicant has proposed to dedicate land for purposes of a tot-lot and to construct the tot lot as well. Conclusions: A. The subdivision is consistent with the Port Angeles Comprehensive Plan. B. The subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations. c. Appropriate provisions have been made for the public health safety, and general welfare and for such open spaces, drainage ways , streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school. D. The public interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with -the Growth Management Act. Commissioner Catts seconded the motion. There was further discussion on latecomer's assessment fees. Commissioner Philpott expressed concern with the overcrowding of the schools and that these issues should be addressed when subdivisions are being reviewed. The vote was called for and passed 5 - 2 with Commissioners Souders, Catls, Winters, Campbell and Alexander voting in the positive and Conunissioners Philpott and Nutter voting in the negative. EXTENSION OF CONDITIONAL USE PERMIT - HIGHLAND COMMUNITIFS - Between Lauridsen Boulevard and Melody Lane: Request for extension of a conditional use permit to allow a congregate care facility as part of a Planned Residential Development project in the . . . Planning Commission Minutes May 12, 1993 Page 19 of 20 RHO, Residential High Density District. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Tim Gennan, 1842 Gasman Road, indicated that although the preliminary planned residential development was approved in May, 1992, the final plans have not been submitted as yet. Those plans will be submitted prior to May 19, 1993, per the requirements. In response to Commissioner Philpott, Mr. German responded that he anticipates approximately two to three years until development of the congregate care facility. He requested a three-year extension. There being no further comments, Chairman Winters closed the public hearing. Commissioner Alexander moved to approve extension of the conditional use permit for an additional three years with the specific intent that the applicant be aware that tbe congregate care facility cannot stand alone, but only as part of tbe (Highland Communities) approved PRD, citing the following condition, rmdings and conclusions: Condition: 1. The facility shall comply with all requirements of tbe City's Planned Residential Development regulations. Findine:s: 1. The site is zoned Residential High Density (ROD). 2. The proposed use is part of a Planned Residential Development (PRD) that has been granted preliminary approval. The PRD includes development of single-family dwelling units, apartments, condominiums and a congregate care facility. 3. The proposed facility is to be developed as Phase 5 of the PRD. 4. Preliminary PRDapproval.was granted on May 19, 1992. The applicant must apply for final PRD approval within one year of that date. The Planning Commission and City Council will review the entire proj ect, including the congregate care facility at the time of rmal PRD approval. 5. In approving the project, the City Council made rmdings in support of conclusions that the project is consistent with the Comprehensive Plan, tbe City's zoning ordinance requirements for PRDs and the City's subdivision ordianee. . . . Planning Commission Minules May 12. 1993 Page 20 of 20 Conclusions: 1. There have been no changes in City standards which would affect the pennit, nor any significant adverse changes. 2. The use is not in non-compliance with the conditions of approval. Commissioner Souders seconded the motion, which passed unanimously. VII. COMl\lUNICA nONS FROM THE PUBLIC None. VID. REPORTS OF mE COMMISSION None. IX. STAFF REPORTS John Jimerson stated that the City Council has requested that when Commissioners vote in the negative they would like to know specifically why, and he requested that in those instances, Commissioners make a brief statement for inclusion in the minutes which clarifies their position. X. ADJOURNMENT The meeting adjourned at 12:35 A.M. Q+~ ----'- Bob Winters, Chairman .) David Sawyer, Ac g Secretary r PREPARED BY: Sue Roberds . AC/'JONS REGARDING PLANNING COMMISSION MINUTES Meeting of May 12, 1993 SHORT PLAT APPEAL - RALSTON. SHP 93(02)01. Park and Porter Streets: Request for appeal of two conditions of a preliminary short plat approval for a 4- lot plat in the RS-9, Residential Single-Family District. This is not a public hearing. The Qty Council may adopt, reverse, or modifY the Planning Commission's recommendations and shall set fonh written findings of fact. PROPOSED AMENDMENT TO mE PARKING REGULATIONS AS mEY PERT AIN TO THE PARKING BUSINESS IMPROVEMENT AREA (PBIAl. Downtown. See item under PUBLIC HEARINGS. . EXTENSION OF CONDITIONAL USE PERMIT - CUP 92(05)06 - BUDGET RENT A CAR. Northeast corner of Front and Oak Streets: Request for extension of a conditional use permit to allow the continuation of the use of an unimproved property as a commercial parking lot in the CBD, Central Business District. No action is required of Council at this time. REZONE REQUEST - REZ 93(05)08 - McNUTT. 229 East First Street: Request for rezone of approximately 11,900 square feet of property from ACD, Arterial Commercial, and CBD, Central Business, to RHD, Residential High Density. See item under PUBLIC HEARINGS. CONDITIONAL USE PERMIT - CUP 93(05)06 - McNUTT. 229 East First Street: Request for a conditional use permit to allow a residential use in the ACD, Arterial Commercial and CBD, Central Business District. No action is required of Council at this time. . . PRELIMINARY SUBDIVISION. MILWAUKEE HEIGHTS. Southwest comer of Milwaukee and "N" Streets: Proposal to subdivide approximately 6.88 acres into 24 residential lots in the RS-9, Residential Single-Family District. Council could adopt, modify or reject the recommendation of the Planning Commission. EXTENSION OF CONDITIONAL USE PERMIT - HIGHLAND COMMUNITIES - Between Lauridsen Boulevard and Melody Lane: Request for extension of a conditional use permit to allow a congregate care facility as part of a Planned Residential Development project in the RHD, Residential High Density District. No action is required of Coundl at this time. . '. . PLEASE SIGN IN . 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