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Minutes 05/25/1994 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 May 25, 1994 7:00 P.M. I. CALL TO ORDER D. ROLL CALL m. APPROVAL OF MINUTES: Minutes of May 11, 1994. IV. STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION APPEAL: 1. Appeal of Mitieated Determination of Non-Sienificance (MDNS) issued for a rezone of 1.6 acres of property from RS-7, Residential Single- Family, to CSD-Community Shopping District and construction of an approximately 47,000 sq. ft. grocery store. V. CONTINUED BUSINESS: 1. REZONE REOUEST - REZ 94(04)01 - ALBERTSON'S. Lauridsen Boulevard between Lincoln and Laurel Streets: Request for rezone of property zoned RS-7, Residential Single-Family, to CSD-Community Shopping District. (The public hearing on this issue was closed at the April 27, 1994, meeting.) VI. PUBLIC HEARINGS: 1. STREET VACATION - STV 94(04)01 - ALBERTSON'S. Portion of San Juan Avenue. VII. COMMUNICA TIONS FROM THE PUBLIC: Vill. STAFF REPORTS: IX. REPORTS OF COMMISSION MEMBERS: Members: Carl Alexander, Chair, Orville Campbell, Vice-Chair, Bob Winters, Cindy Souders. Bob Philpott, Linda Nuller and Tim German. Planning StaIT: Brad Collins, Dire<:tor; John Jimerson, Associate Planner; Sue Roberds, Office Specialist, David Sawyer, Sr. Planner. . . . x. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at [east one day prior to the scheduled hearing will be provided to Commission members before the hearing. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Infonnation 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 (S minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be beard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board. not the City Staff representatives present, unless directed to do so by the Chairman. . ei .~d MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 25, 1994 7:00 p.m. I. CALL TO ORDER Vice Chair Campbell called the meeting to order at 7:03 p.m. D. ROLL CALL Commissioners Present: Bob Philpott, Orville Campbell~ Linda Nutter, Bob Winters~ Tim German and Cindy Souders Commissioners Absent: Carl Alexander Staff Present: Brad Collins, Sue Roberds, Craig Knutson, Gary Kenworthy and Bruce Becker Public Present: Kurtis and Patricia Lorentzen, Allan and Laura Horrocks, David and Paulette Frank, Susan Feiro, Barbara and Joe Eckert, Cheryl Baumann~ Joyce Cox, Craig Whalley, Shawn Price, Winifred Cherikowic, Alan Merson ~ Bea Dier, Allen Denhart~ Lori Anderson, Mr. and Mrs. R.C. Sovde, Shelly Becker~ Della and Leonard Floyd~ Steve Greely, Ann Hastings Murray, Lonnie Johnson, Don McInnes, Dave Milligan, Pat Downie, Chuck Hammond, Rick Nesbit, Casey McInnes, Daphne Eshom, John Hayden, Alan Joseph Denhart, and Linda Alger, Woody Harris, Terry Gibson, Carl Pirscher and Ron McConnell. ill. APPROVALOFMThroTES IV. Commissioner Philpott moved to approve the May 11, 1994, minutes as presented. Commissioner Nutter seconded the motion, which passed 5-0, with Commissioner Souders abstaining. STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION APPEAL: Appeal of Miti~ated Determination of Non-Si~nificance (MONS) issued for a rezone of 1.6 acres of property from RS-7, Residential Single-Family, to CSD, Community Shopping District, and construction of an approximately 47,000 sq. ft. grocery store. PLANNING COMMISSION MINUTES May 25, 1994 PAGE 2 . Vice Chair Campbell opened the meeting and explained the appeal procedure to those present. Mr. Campbell then called upon Brad Collins, the City's SEPA Responsible Official, to present testimony with regard to the issuance of the Mitigated Determination of Non-Significance (MDNS) for the rezone in question. Sue Roberds, Notary Public, swore in Mr. Collins as a witness. Mr. Collins explained that the appellants are appealing a MDNS issued for the proposed rezone and construction of a 47,000 square foot supermarket. Reference was made to the supporting documents reviewed with regard to the issuance of the subject MDNS and regulations regarding appeal procedures which were included in the Commission's materials. A memorandum was also reviewed which outlined the Responsible Official's response to each of the nine specific issues noted in the May 19, 1994, appeal. The issues under appeal and which were specifically addressed were erosion (earth), emissions (air), water runoff (water), underground storage tank pollution (environmental health), noise, displacement of current renters (land and shoreline use); light and glare, and transportation. Review of the environmental checklist submitted as part of the rezone application process indicated that there would be significant impacts in association with the proposed rezone and construction action; however, those impacts were adequately addressed by the mitigation measures imposed by the Responsible Official in issuing the MONS. . Mr. Collins indicated that Gary Kenworthy, Port Angeles City Engineer, and Bruce Becker, Port Angeles Fire Marshall, were present to offer testimony for the City. Woody Harris, Albertson's Real Estate Manager, 11000 NE 33rd Pl., BeQevue, W A 98004, was called upon and sworn in by Mrs. Roberds. In addition to the testimony given by Mr. Collins, Mr. Harris submitted a letter of response to the appeal issues. Additionally, he pointed out that a photometric analysis was prepared and submitted as part of the SEP A record which addressed light and glare determinations made for the proposed rezone. Terry Gibson, Gibson Traffic Consultants, 1712 Pacific Avenue, Suite 100, Everett, WA, 98201, was sworn in by Mrs. Roberds and indicated that he was available for questions and referred to a memorandum dated May 18, 1994, as testimony. In response to Commissioner Philpott, Mr. Gibson stated that additional traffic analysis was performed at the Cherry Street corridor and Pine Street, west of the proposed site. Reconnaissance of the corridor at peak hour traffic times indicated that the level of service would not be negatively impacted should the rezone be approved. . Carl Pirscher, CDA Architects, 6608 216th St. SW, Mountlake Terrace, WA, was sworn in by Mrs. Roberds and indicated that subsequent to the April 27, 1994, Planning Commission meeting, several studies have been submitted during the SEPA comment period dealing with light and glare. The applicant's engineers, Pac Tech Engineers, have been working closely with the Department of Fisheries on runoff control for the site proposals. Further detailed technical studies relating to water quality, erosion control and storm detention can be submitted if required. Minimal City standards regulating stormwaler retention and release rates and drainage swales will be exceeded during construction. The post construction runoff will be less than the present runoff. PLANNING COMMISSION MINUTES May 25, 1994 PAGE 3 .. In discussion with Environ Con Engineers, who specialize in measurements of waste emissions, no literature could be found that dealt with projects of this scale. Roadway mitigation measures will significantly improve traffic in the area which should improve traffic emissions. Existing highway noise exceeds the noise which could be associated with the proposal. Disposal of any underground storage tank contamination will be done as required by law. A footcandle analysis was prepared for the entire site by a professional engineer. Reduction of light pole standards to twenty-five feet will further reduce light spillage. An excess of perimeter landscape buffers will be provided to address glare concerns. The elevation of the site provides grades which will also reduce glare. Lauridsen Boulevard will be widened to enable safe bus, bicycle and pedestrian areas. Lincoln Street will be widened to provide a turn lane. The alley will be widened to twenty feet, however, no alley access to the site will be provided. Crosswalks and sidewalks will be provided on Laurel, Lincoln and Lauridsen, significantly improving general pedestrian safety in the area with improved safe crossings for the school children who attend Jefferson Elementary School. . Mr. Pirscher answered questions from Commissioners Philpott, Nutter and Winters concerning access, drainage swales and recommendations from the Washington State Department of Transportation concerning traffic impacts. The reduction of the light standard heights coupled with the use of cut-off fixtures will limit opportunities to see the glow from light fixtures to surrounding properties. Screens will be used to avoid visibility of the roof units. Visibility will be markedly reduced from ground level. The applicant is working closely with WSDOT and the City for improved traffic channelization for the area. Ron McConnell, 11000 NE 33rd Street, #101, Bellevue, W A 98004, was sworn in by Mrs. Roberds and stated that there is at least a one hundred foot distance from the nearest surrounding properties to the proposed structure. Landscaping and buffer requirements will be exceeded by twice the City's standard. Commissioner Winters asked if noise were to become an issue if there are federal or state regulations which would address the problem. Carl Pirscher read information from the Washington State Noise Code which explains acceptable noise standards. He answered that the noise studies done for the proposal indicate that the expected site generated noise is clearly below acceptable standards. In response to Commissioner Nutter, Mr. Collins stated that the proposed level of service (LOS) for the arterial roadways after construction will be improved over the existing LOS. . Mr. Collins summed up by detailing the documents submitted for review which were used as reference material in review and issuance of the MD NS. He reiterated that initial review indicated that the rewne impacts would be significant if not mitigated by the detailed mitigation measures of the MDNS. Although the Washington State Department of Transportation (WSDOT) did not submit a timely response to the MDNS, the conditions and standards requested by WSDOT would have to be complied with by the proponent. The Commission took a ten minute break at 8: 15 p.m. Vice Chair Campbell reconvened the meeting at 8:25 p.m. . . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 4 Alan Merson, 519 South Peabody, was sworn in as a witness by Mrs. Roberds. Mr. Merson wished to thank the Planning staff for their efforts in providing requested materials. He also thanked the Albertson's representatives for the spirit of their efforts to inform the neighbors and public of their plans for development in the area. The SEPA appeal is based on concerns that the proposed project size is too large to be mitigated at this location. Mr. Merson likened the project to fitting a square peg into a round hole. He contended that the analysis that has taken place under SEPA has gone down the wrong alley. Having been a regional administrator for the Environmental Protection Agency ~ he counseled the Commission that the State statutes regarding SEP A must be adhered to and that the appellants would prove that the MDNS decision is clearly erroneous. Each of the items of appeal were outlined in the letter of appeal~ which had previously been addressed by Mr. Collins. He testified that EP A was attempting to identify shopping centers as complex sources of air pollution during the 1970's. Other sources of neighborhood pollution, i.e., woodsmoke and and inversion situations which occur in this area as well as mill pollution already exist. More information is desired concerning the removal of, and possible contamination from, underground fuel storage tanks which were removed from a portion of the site. Proposed as being a 24-hour facility, noise pollution will be recognized as associated with a major retail activity at this site. A committment that the store would not be a 24-hour facility could help mitigate some of these impacts. Relocation of the renters whose homes will be sold to Albertson's has not been well addressed. The area is surrounded on all four sides by residential and school uses. Impacts to the surrounding neighborhoods has not been adequately addressed. Off-site impacts are critical. The building itself may not be as much of an issue as the accoutrements~ i.e., the light fixtures, the parking lot itself and the traffic patterns entering and leaving the site. The surrounding blocks of residential uses will be impacted by the proposed use. If traffic is blocked at the intersection of Lincoln and Lauridsen~ people will avoid the bottleneck by using alternate neighborhood routes. Kurt Lorentzen, 204 Orcas A venue, was sworn in as a witness by Mrs. Roberds. He suggested there is a need to further study the adequacy of the stormwater runoff containment proposed. As a lifelong resident of Port Angeles, he testified to the inadequacy of stormwater containment in this area. He strongly disagreed with the assessment that air quality of the neighborhood will not deteriorate in association with the use. Mr. Lorentzen testified that the response statement that the EPA would require mitigation, if contamination is discovered during construction ~ does not adequately address problems which must still exist from the many years of on-site fuel storage. Noise is still a concern. Being a 24- hour store, there will be disturbance associated with the site that doesn't exist in the neighborhood at the present time. The traffic impacts at the intersections of Lincoln and Laurel have not been adequately addressed. Each of the issues noted in the appeal were further addressed. It is questionable whether the proposal is consistent with the City~s Comprehensive Plan. There have been no changes in circumstances to warrant this rezone. It is clear that all the environmental issues have not been addressed. Every effort should be made to assure that every issue that can be addressed is adequately addressed. Mr. Lorentzen requested that a full PLANNING COMMISSION MINUTES May 25, 1994 PAGE 5 . environmental impact assessment be required prior to any determination as to the adequacy of the site, the appropriateness of the rezone, or before any statement of non-significance is accepted . Patricia Lorentzen, 204 Oreas A venue, was sworn in by Mrs. Roberds and expressed a deep concern over noise, appearance and disturbance caused by nighttime activities such as parking lot cleaning and deliveries. It is not true that the neighborhood will not be affected. No one will purchase her home if the proposal becomes a reality. She asked the Commission to care about those people living in the area. Winifred Cheracowik, 2217 South Laurel, was sworn in by Mrs. Roberds and explained where her home is located with regard to the proposed site. The proposed store location is ill advised. Due to the topography, a great deal of water rushes through the area in wet weather. The stormwater drainage system is not adequate for present uses. Realistic cause and effect data is necessary regarding the storm water problem in the area. A portion of the subject site is lower than the surrounding area and will be impacted by storffiwater runoff. Many neighbors in the area have installed detailed pump systems on their properties to deal with water runoff. Temperature inversions are common in the area which result in poor air quality at the present. The air quality will be dangerously compromised by the increased activity. Traffic in the area is already very dangerous at times due to the large number of students using Laurel to travel to the High School. She further addressed noise and glare impacts to her home. The proposal would destroy the quiet country-like neighborhood. . Fred Morrison, 2213 South Laurel, was sworn in by Mrs. Roberds. He was concerned with economics of the City requiring such a large store. The area north of San Juan Avenue should be adequate for a grocery store. Cheryl Baumann, 2310 South Chase, was sworn in and stated that the studies done for the rewne proposal with regard to air quality and noise are inadequate and inconclusive. Air quality is at present a decided problem with wood stove temperature inversion and mill odors. Additional studies should be required due to the inconclusive nature of those studies referred to in the MDNS. The cumulative effect of noise is not conclusive. The area proposed for a parking lot will not block the noise to the surrounding neighborhood as the existing structures do. Eighty- four percent of the site is proposed to be paved. The trees and groundcover currently on the site are needed to negate emissions from the increased activity. Very little attention has been given to preservation of the natural habitat, trees, or groundcover that exists in the area. Ms. Baumann indicated that early in the review process a notice of hearing indicated that a determination of non-significance had been issued, on March 9, 1994. Contact with the City Planning Department indicated the DNS had not been issued and a new notice was sent to property owners on March 22, 1994, with the corrected information that no determination had been issued. Ms. Baumann noted that informal appea11etters had been submitted to the Planning Department. She asked that note be made that informal appeal letters were submitted during the review process. . Alan Horrocks, 2410 South Lincoln, was sworn in by Mrs. Roberds. He added to testimony previously given that the proposal will result in significant water runoff problems that have not been adequately addressed. At present, the area does not experience much truck traffic. The proposed food store will add delivery truck uses to the area. The proposed use could create PLANNING COMMISSION MINUTES May 25, 1994 PAGE 6 '. proposed food store will add delivery truck uses to the area. The proposed use could create associated noise not addressed at this point. This issue should be further studied. Many of the housing units that will be displaced are occupied by renters. This issue needs more study. Even with the mitigation measures proposed by the proponent, light and glare will be a problem. Residents who live north of the site will be affected by light and glare, even with the proposal to set the structure lower than homes to the south, because of the south to north slope of the area. Contamination from the underground tanks which were present on the site for tens of years has not been determined. Core samples should be taken and analyzed. . Transportation issues pose a significant concern. There has been very little study to address the impact that such a proposal would result in to neighborhood streets. There are no traffic control measures such as sidewalks, stop signs or yield signs proposed for neighboring access streets. There will be a significant increase in traffic to all streets accessing the site. The traffic will be double the existing traffic movement. Traffic patterns need to be further studied. New traffic patterns will evolve with a grocery store in the neighborhood. Neighborhood streets will experience significantly more traffic than what exists at present due to people trying to avoid a bottleneck at the main store entrance. More studies need to be done in this area. The proposal is not consistent with the existing or proposed Comprehensive Plan. Ed and Joyce Cox, 106 West Eleventh Street, were sworn in by Mrs. Roberds. The Coxes, who live north of Lauridsen Boulevard, provided testimony that the traffic generated will be more than what currently exists, which is not acceptable at present. It is very difficult to safely cross Lincoln Street in the mornings, when many students walk to school. It is hard to slow the existing traffic. The lack of stop signs on neighborhood streets is a real problem, and thef{~ are many near misses which occur in the area at present due to a failure to yield. Shawn Price, 209 Columbus,was sworn in by Mrs. Roberds. The increase in traffic will increase the danger to children crossing to Jefferson Elementary School. The traffic behavior in the area requires a heavy police presence now. The use will only increase that need. The heavy volume of traffic to the area will increase the desirability for expansion of the site to create more commercial property at the location. John Hayden, 132 West Fourteenth Street, was sworn in by Mrs. Roberds and stated that while the use is represented as a neighborhood grocery store, it is not. Responses by the applicant in the SEP A process reference a neighborhood grocery store, which does not apply to a use which attracts 5,000 cars per day. He expressed concerns over air quality, light, glare, traffic and view. The proposal will destroy the neighborhood quality due to the impacts previously discussed. . Ann Hastings Murray, 306 Lopez, was sworn in by Mrs. Roberds. She expressed concern over the displacement of the available rental housing in the area and the emergency housing that occurs in the Dan Dee Motel, which, having been purchased by Albertson's, would be demolished . ~. . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 7 Daphne Eshom, 138 San Juan Avenue, was sworn in by Mrs. Roberds. Mrs. Eshom is a renter in one of the houses which would be demolished for construction of Albertson's store. She stated that there are many nighttime activites which occur in the existing Safeway parking lot that requires police services such as drunk gatherings, youth gatherings, fights, etc. The impact to the neighborhood cannot be mitigated. The neighborhood would be forever changed. Alan Joseph Denhart, 139 West Twelfth Street, was sworn in by Mrs. Roberds. His concern is over the lack of traffic studies prepared outside of the direct site area. The lack of traffic control on the surrounding neighborhood streets is critical now. Traffic accidents occur regularly due to situations where right-of-way is not yielded properly. The proposal will naturally cause a great increase in traffic to the surrounding neighborhood streets which are not adequately signed now. Mr. Denhart also noted that there are a number of vacant store fronts in town at present. This would add yet another. Craig Whalley, 2532 Bay Street, was sworn in by Mrs. Roberds. The rezone would establish a new high intensity growth point, directly affecting the existing neighborhood. The future impact is that of encouragement to other businesses to locate in these established high volume commercial draw areas. Alan Merson, summed up by stating that there are certain economic benefits by asceding to this request and by not requiring an environmental impact statement. The obligation is to consider the long term consequences. The sense of community will be lost if this project succeeds. It is becoming harder and harder to find a neighborhood community such as exists in this area at present. Commissioner German moved to extend the meeting beyond 10 p.m. Commissioner Winters seconded the motion which passed unanimously. The Commission took a break at 10:20 p.m. The meeting reconvened at 10:30 p.m. Brad Collins, the City's SEPA Responsible Official, called upon City Engineer Gary Kenworthy to provide further testimony regarding drainage and traffic analysis. Gary Kenworthy, City of Port Angeles Engineer, was sworn in by Mrs. Roberds. He stated that he had received preliminary drainage studies from Albertson's engineer which have been designed to the currently accepted Puget Sound Water Quality Standards. There will be detention and biofiltration. There will be more runoff caused by the increased impervious surface but it will be better controlled than it is now, by retention and release. The City has been working closely with Albertson's traffic engineer and the State DOT. The State's conditions will be met. He indicated that he is very comfortable with the revised proposal. Bruce Becker, City of Port Angeles Fire MarshaU, was sworn in by Mrs. Roberds. He stated that he had personally witnessed the removal of the pre-existing underground fuel storage tanks from the site. Some of the clean up was further monitored by the Department of Ecology. . . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 8 Ron McConnell, further explained the traffic analysis in that the number of trips indicated should be divided by two which amounts to an individual visit. There is no lease at the Dan Dee Motel for emergency housing units. While the appellants have given a number of opinions, many of which were not limited to the issues raised in the SEP A appeal, which is mandatory, the essential assumptions of the studies that have been done have not seriously been challenged. An EIS, if required, would produce basically the same information that has been provided. Brad Collins, briefly responded to the issues raised by the appellants. The proposal has not been identified as a complex source of air pollution. The issue of underground storage tanks has been addressed. East and west of the site are other commercial designated properties. Finally, the Planning Commission has not heard expert testimony from the appellant's witnesses and should rely on the analysis of the City Engineer, City Fire Marshal, WSDOT engineers, and the applicant's experts. Vice Chair Campbell closed the public meeting. Commissioner Philpott stated that the appellants did not show that the City's SEPAResponsible Official had made an error in the issuance of a MDNS for this proposal. The impacts that are known or anticipated will be mitigated by the measures required in this case. Commissioner German added that during a construction process further measures can be required through the permitting process if it is apparent that they are necessary. Commissioner Souders believes the City has good control over the storm water runoff and land and shoreline issues, but more study is required for impacts to air, noise, light and glare and a major impact to transportation. Testimony from the applicant's traffic representatives indicated this is a very quiet neighborhood which will be heavily impacted. The applicant has the ability to mitigate light and glare to the southern neighborhood, not to the northern neighbors. Commissioner Nutter agreed that many of the areas of concern have been mitigated. Air, traffic trips, and noise have not. These areas need more review. This is a mega complex that will require a large amount of traffic to remain a viable business. Commissioner German noted that the charge of the Planning Commission is to determine whether the SEPA Responsible Official thoroughly reviewed the information provided including City ordinances, not what the mitigation measures are or studies that were not available for his review. In response to Commissioner Winters, City Attorney Knutson responded that the role of the Commission in SEPA appeal issues is clearly set forth in the SEPA guidelines. The question is if an environmental impact statement should be required for this rezone and other governmental actions that would be taken on this proposal. The issue is whether the SEP A Responsible Official's decision in issuing a MDNS was a correct one. It is appropriate to take into account the mitigating factors the Responsible Official relied upon but only for the purpose of determining whether or not there is enough environmental information available to decide whether or not there are going to be significant adverse impacts that are not going to be mitigated. Commissioner Campbell stated that he can fully appreciate the concerns of those who live in the . . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 9 neighborhood where the proposed store would be located. However, if further environmental information were to be required, an environmental impact statement prepared, it is likely that that study would not have any more credibility than what we are dealing with now. Commissioner Winters noted that there was a good amount of compelling testimony presented. He questioned whether evidence was presented that was good hard data that could be used to dispute the body of data that was prepared by the proponents. Although sympathetic to the concerns expressed, he did not find that the appellants arguments were substantive enough to prove that the Responsible Official's decision was in error. With that in mind, he moved to deny the appeal citing the nine rmdings and four conclusions as fonows: Findinp: 1. The intersection of Lincoln Street and Lauridsen Boulevard is currently at Level of Service (LOS) E during peak traffic periods. 2. Without mitigation, this intersection will drop to LOS ElF with the project. 3. With the Phase I and Phase II mitigation measures, this intersection will operate at LOS B with the project. 4. There will be a net increase of 4,900 ADT as a result of the project. 5. Comments on the MDNS were received from Don McInnes, Washington State Department of Transportation, Al Horrocks, and Cheryl Baumann. 6. The Comprehensive Plan identifies Lauridsen Boulevard as a potential US 101 by-pass route. 7. Numerous technical studies and reviews of project impacts bave been completed. 8. Additional permits will bave to obtained for project development, and requirements will have to be met by law. 9. The applicant will be required to comply with the conditions outlined in the Washington State Department of Transportation's letter of May 10, 1994. The City will concur with those conditions. Conclusions: A. The identified mitigation measures will improve arterial street operations from LOS E to LOS B in the vicinity of the proposed project. B. Adverse impacts attributable to the project will be adequately mitigated by proposed measures and permit requirements. c. SEPA procedural requirements have been met in the City's administrative review process. PLANNING COMMISSION MINUTES May 25, 1994 PAGE 10 . D. The threshold determination of the Responsible Official has been given substantial weight and should be upheld. The question was called for and the motion passed 4 - 2, with Commissioners Souders and Nutter voting in the negative. REZONE REQUEST - REZ 94(04)02 - ALBERTSON'S, Lauridsen Boulevard between Lincoln and Laurel Streets: Request for rezone of property zoned RS-7, Residential Single-Family, to CSD-Community Shopping District. Vice Chair Campbell opened discussion on the continued issue. Mr. Collins noted that the decision is continued from April 27, 1994, and that the public hearing was closed at that time. In response to a question from Commissioner Souders, Mr. Collins noted that the three tests to be passed in approval of a rezone request are that the rewne is consistent with the Comprehensive Plan, that there have been changes of circumstances since adoption of the Comprehensive Plan (1976), and that the proposal is in the public's use and interest. . Commissioner Souders stated that the proposal is inconsistent with the City's Comprehensive Plan in at least three areas. The project is not in the public use and interest and will create an enormous burden in this quiet neighborhood. The project is too large for a neighborhood shopping store. There have not been changes since 1976 which would warrant this change, so it is further inconsistent with the three challenges to a rezone. Danger to school children at the Lincoln/Lauridsen intersection is great and cannot be adequately mitigated. This type of a project invites additional commercial development in its vicinity. Commissioner Winters shared some of Commissioner Souders concerns. The rezone clearly does not pass the test to be compatible with the surrounding neighborhood. The proposed scale is excessive for the neighborhood. Commissioner Nutter expressed concern that residential neighborhoods be maintained. There is no compatibility between the proposed use and the location of Jefferson Elementary School at this location. . Commissioner German noted that the applicants are willing to make a lot of improvements to the main intersection of Lincoln/Lauridsen Boulevard but don't address the resultant increase in neighborhood traffic patterns from drivers avoiding the bottleneck caused by a new traffic signal. Alternatively, the wning at this location allows for a tavern at this location. Albertson's may be a better neighbor, but the criteria hasn't been met to allow rezoning. Commissioner Winters moved to forward a recommendation of denial of the proposed rezone, citing eleven fmdings and three conclusions as follows: . . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 11 Findinp: 1. The request is to rezone Lots 1-10, Block 24, PSCC 2nd Addition to Port Angeles, and the adjacent San Juan Avenue right-of-way from RS-7 to CSD. 2. The site is identified as urban residential environment in the Comprehensive Plan. The following goals, policies and objectives have been identified as being most relevant to the proposal: Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-3; 4, 5 & 12; Social Objective No.2; Economic Objective No.1; and Land Use Objectives Nos. 1, 2 & 5. 3. The draft comprehensive plan identifies the site as low density residential with commercial designation beginning at San Juan Avenue. 4. The applicant has indicated an intent to assemble the 4.33 acre site, along with the San Juan Avenue right-of-way and the block of property to the north for construction of a 47,000 s.f. grocery store. There are no comparable sites on Lincoln Street. Other large sites along the First/Front Street corridor have recently been developed. 4. A Mitigated Determination of Non-Significance was issued for the rezone and construction of the site with a 47,000 s.f. grocery store. 5. The rezone would extend the CSD property 170 feet further south at this location. The depth of the CSD zone would match the depth of the OC zone of the property adjacent to the east. 6. The rezone would result in CSD and RS-7 property in being separated by a 20 foot wide alley. This is fairly common in the City along the Eighth Street corridor where CR and RS-7 property share alleys. 7. The CSD zone district contains standards for compatibility with residential zones including setback and landscaping requirements. 8. The site is located on Lauridsen Boulevard which acts as a boundary between neighborhoods and provides excellent access from more distant neighborhoods. 9. There are eight single family residences on the rezone site which will become non-conforming with the rezone approval. 10. The proposed development does not meet the design configuration of strip or cluster commercial as described in the Comprehensive Plan. 11. The site enjoys immediate access to two arterial roadways - Lauridsen Boulevard and Laurel Street. Lauridsen Boulevard and Laurel Streets are also identified as school walking routes. . . '. PLANNING COMMISSION MINUTES May 25, 1994 PAGE 12 Conclusions: A. The rezone is not in the public use and interest and is incompatible with the surrounding neighborhood. B. The rezone is inconsistent with some of the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No.2. C. Circumstances have not changed since the property was zoned RS-7. Adjacent properties to the north have not thrived commercially as evidenced by the vacant land and former convenience store. The larger commercial sites in the city have been developed. Commissioner Nutter seconded the motion. Vice Chair Campbell stated that it appears that the community will suffer without adequate competition, particularly with no competition in grocery stores. The public will pay more for needed goods with no choice. He also expressed concern over the impact of rejection of this type of investment in our community and the message such an action sends to investors. Commissioner Souders expressed appreciation to the applicant for their professionalism in this application process. Commissioner Philpott concurred that a no rezone vote would be a strong message of no growth for our community. Commissioner Winters rebutted Commissioner Philpott stating that the motion to deny is based on the specifics of this particular project in this particular location. He felt that the statement that this is a no growth move is an overreaction. The community is smarter than that. He also thanked the applicants for their professionalism, conduct and truthful presentation. The question was called for and passed 4 - 2, with Commissioners Campbell and Philpott voting in the negative. It was noted the City Council would hold a public hearing on this isue on June 7, 1994. STREET V ACA nON - STV 94(04)01 - ALBERTSON'S. Portion of San Juan Avenue. Chair Campbell opened the public hearing. Brad Collins reviewed the Department Report. Due to the previous decision to recommend denial of the companion rezone to this request, the Department would recommend denial of this vacation petition. Ron McConnell, 11000 NE 33rd Place, Bellevue, W A, agreed that if the rezone is not approved, the vacation should not take place. However, if the City Council should agree to rezone the property as requested, he asked that the vacation of right-of-way be approved with the conditions as recommended by Planning staff. . . . PLANNING COMMISSION MINUTES May 25, 1994 PAGE 13 Alan Horrocks, 2410 South Lincoln, submitted a letter in opposition to the street vacation. He agreed that if the rezone is not permitted, the request is moot. If the vacation petition is permitted, the applicant should be required to reimburse the capital investments in sewer and water utilities that have been placed in San Juan Avenue. The Comprehensive Plan is silent on policies for vacation of rights-of-way. Such a policy should be included right now. The area is a school walking route. By approval of this request, a precedent will be set. Woody Harris, 11000 NE 33rd Place, Bellevue, W A, agreed that he would ask that the recommendation on the street vacation be for approval in the event the City Council agrees to rezone the companion property. Vice Chair Campbell closed the public hearing. Commi"Sioner Nutter moved to recommend denial of the street vacation request based upon the recommendation to deny the companion rezone, citing the following ten fmdings and two conclusions: Findings: 1. The request is to vacate the San Juan Avenue right-of-way between Laurel and Lincoln Streets. The area to be vacated consists of about 0.8 acres. 2. The adjacent property to the south is zoned Residential Single Family (RS-7) and to the north is zoned Community Shopping District (CSD). 3. There are ten lots with eight houses which abuts San Juan Avenue to the south. There are eight lots which abut San Juan Avenue to the north but which have primary access and frontage along Lauridsen Boulevard. 4. San Juan Avenue is a local access street and does not extend beyond Laurel and Lincoln Streets. 5. The utilities located the right-of-way are there to serve those properties located on San Juan Avenue, and not properties beyond. 6. The purpose of the vacation is to allow the creation of a 4.33 acre site which is large enough to support a 47,000 square foot Albertsons grocery store. 7. Vacation of the street without removing the homes would result in inadequate access for fire protection. 8. Vacation of the street without replatting the site would result in nine lots that do not meet the City's requirement for frontage on a public road. 9. The comprehensive plan encourages a diversified and healthy economic base (Economic Objective No.1). '. . '. PLANNING COMMISSION MINUTES May 25, 1994 PAGE 14 10. The Planning Commission has recommended denial a companion rezone (REZ 94(04 )02). Conclusions A. Vacation of San Juan Avenue is not in the public use and interest and is not compatible with the surrounding neighborhood. B. The street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan listed in the staff report. Vacation would not encourage economic diversity and would adversely affect the circulation system. The question was caUed for and passed 5 - 1, with Commi~ioner Philpott voting in the negative. COMMUNICA TIONS FROM THE PUBLIC: None. STAFF REPORTS: Brad Collins informed the Planning Commission of the recent decision by the City Council to remove reference to school concurrency from the recommendation for the Comprehensive Plan. There will be a public hearing at the City Council's June 21, 1994, meeting. Comments have been received by the Department of Community, Trade and Economic Development with regard to the draft Comprehensive Plan. Those comments will be forwarded to the Commission. Response to DCTED will be under staff reports in June. For the most part, the comments were positive and constructive. REPORTS OF COMMISSION MEMBERS: The resignation of Chair Alexander was discussed at length. Vill. ADJOURNMENT The meeting adjourned at 12:20 a.m. ~ ON~fi{L{ PREPARED BY: Sue Roberds . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: "7n} 'I ~.:>,- J 99 t/ / .-) I I . I { ~. A ~ /10 '~~t~C\ ~I un. :", 74 . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: