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HomeMy WebLinkAboutMinutes 06/09/2004 o ~ ~ FU" ,lOr JR:)T' ''Pi' ,( N', I~G,,r' I.~!l! E>!S' ',', -~ " ' ,I, ~.o, ! I I ' .' I / --, -, -- ~ r - ,- ~u---- "Iu~ . , .............c _".". ,........ WAS H r N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AMENDED AGENDA PLANNING COMMISSION 321 East Fifth Street June 9, 2004 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Special meeting of May 19, 2004 '. IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 04-03 - BOYD. 1105 S. Eunice Street: Request to allow a retail store in an RS-7, Residential Single Family zone. 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-03 - CITY OF PORT ANGELES. Crown Park: Request for a shoreline substantial development to construct a storm water drainage system and sanitary sewer line within the shoreline jurisdiction. (Continue to June 23, 2004.) 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-02 - CITY OF PORT ANGELES. Shoreline Area at Port Angeles Landfill: Request to perform exploratory work within the shoreline in preparation of revetment work in the area. (This item should be continued to June 23,2004.) v. COMMUNICATIONS FROM THE PUBLIC VI. ST AFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS: Fred Hewins (Chair),Len Rasmussen (Vice Chair), Chuck Schramm, Fred Norton, Linda Nutter, Bob Philpott, Dylan Honnold PLANNING STAFF: Brad Collins, Director; Scott JaMS, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 9, 2004 6:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Linda Nutter, Leonard Rasmussen, Dylan Honnold Members Excused: Fred Hewins, Chuck Schramm Staff Present: Brad Collins, Scott Johns Public Present: Marc Boyd Vice Chair Rasmussen opened the June 9,2004, Planning Commission meeting at 6:00 p. m. APPROVAL OF MINUTES Commissioner Norton moved to approve the minutes ofthe May 19,2004, meeting. The motion was seconded by Commissioner Honnold and passed 3 - 0 with commissioners Nutter and Philpott abstaining due to their absence from that meeting. PUBLIC HEARINGS: Vice Chair Rasmussen indicated that those who testifY must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. CONDITIONAL USE PERMIT - CUP 04-03 - BOYD. 1105 S. Eunice Street: Request to allow a retail store in an RS-7, Residential Single Family zone. Director Collins presented the Department staff report supporting approval of the project. Commissioner Norton questioned staff as to why the conditional use permit was being heard at this time, as the business has been existing for many years. Director Collins indicated that because the store operated for so long as a nonconforming use in the residential zone, that the owner wished to gain official sanction for the business so that a future expansion, sales, or financing proposal would be for a use that was conditionally allowed, rather than an existing, nonconforming use. He went on to explain that the use should be approved because it has existed in that location for a long time and provides local residents with a necessary service. If the proposed use were a new use in the zone, staff would recommend denial of the project. The City policy is to not encourage or allow commercial uses in residential zones and also that Lauridsen Boulevard is expected to become an alternate crosstown truck route and additional commercial uses along the corridor would complicate the use as a truck route due to traffic impacts. He further indicated that there are Comprehensive Plan policies are in place to prevent Race Street and Lauridsen Boulevard from developing strip commercial characteristics. . . . Commissioner Nutter indicated that the conditional use permit should include a condition that any future proposed change in use should be accompanied by a parking analysis. Commissioner Rasmussen questioned what possible uses could be included under the proposed conditional use permit. It was agreed that only uses that could be shown to directly benefit the immediate neighborhood would be allowed. It was also pointed out that the building is nonconforming with regard to setbacks and any structural additions will be required to meet current setback requirements. Emphasis was made that only the existing use is being approved and that any change or additional use will require further review. Vice Chair Rasmussen opened the public hearing. Marc Boyd, 3645 Wallingford Avenue N., Seattle, W A, the property owner and applicant, testified that the site is large enough for some additional uses but that the area is most likely not large enough for a restaurant. There being no further testimony, Vice Chair Rasmussen closed the public hearing. Several questions from Planning Commissioners as to the appropriateness of additional conditions were directed at Director Collins, whereby he indicated that adding conditions limiting future uses and requiring a parking analysis would be appropriate. Commissioners were cautioned to avoid using the label "convenience store" as a convenience store is allowed to sell gasoline, which would not be a desirable use in that location. The Planning Commission directed staff to draft a fourth condition that would require a parking analysis for any future use, after which they took a break:. The meeting was reconvened at 6:45 p.m. Commissioner Norton moved to approve CUP 04-03 with the following conditions, findings and conclusions. Conditions: 1. Findings: 1. 2. 3. The applicant shall meet all permitting and utility requirements, including the provision of six (6) off-street parking spaces. The building area shall not be expanded without a new conditional use permit. The retail uses shall be limited to those primarily serving the immediate residential neighborhood. Any retail activities in addition to the existing small grocery store shall require a new parking plan subject to approval of the City Engineer. 4. 2. The Best Stop Market at 1105 S. Eunice Street has been in operation for many years and is an established nonconforming use in the RS-7 zone. The subject site includes Lots 5 and 6, Block 337, Townsite of Port Angeles and is approximately 11,500 square feet in area. The Comprehensive Plan designates the site and area to the north and west as Low Density Residential (LDR). The area to the south is designated as Medium Density Residential (MDR). The site is located in the City's North Central Planning area. The subject site is along Lauridsen Boulevard at the intersections with S. Eunice and E. I11h Streets. The surrounding neighborhood is developed in residential uses. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A and Policies A,1 and A.2; Land Use Element Residential Goal C and Policies C.l and C.2; and Land Use Element Commercial Goal D, Policy D.1, Goal E, and Policies E.3, E.7, and E.8 were found to be most relevant to the proposal. 3. 4. 5. . 6. 7. 8. . 9. Conclusions: A. . 10. The site is zoned RS-7, Residential Single Family. Other uses consistent with the intent of the zone are allowed by conditional use permit per Section 17.10.040(R) P AMC. Section 17.1O.050(C) Table "A" of the P AMC provides development standards for conditional uses in the RS-7 zone. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose ofthe zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or condi ti ons are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Conditional uses must be evaluated to determine if the characteristics ofthe intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose ofthe City's zoning regulations. P AMC 14.40.030(L) requires off-street parking spaces to be provided for retail uses at one parking space per 300 square feet of floor area. There are seven parking spaces currently provided on the subject site. Setbacks in the RS-7 zone for the subject site are 20 feet front and rear (offS. Eunice Street) and 13 feet each side fronting on a street (Lauridsen Boulevard and E. 11 th Street). Maximum lot coverage in the RS-7 Zone is 30%. The setbacks for the existing building are not nonconforming per the applicant's site plan along Lauridsen Boulevard, but the structure is an established nonconforming. The existing retail store is an established, nonconforming use that has created no problems and serves the needs of the immediate residential neighborhood. The application was submitted on March 29, 2004. On April 28, 2004, the applicant submitted additional information and broaden his application to include potential other retail uses that fit with neighborhood needs and that could be provided in future operations No written comments were received from City departments or the public during the comment period. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on April 15, 2004. Public notice was mailed to property owners within 300 feet ofthe subject property on April 14, 2004. A Determination of Non-Significance was issued for the proposed action on June 7, 2004, per WAC 197-11-355. The Planning Commission opened a public hearing on the proposal at the May 26, 2004, regular meeting, and continued the item to the June 9, 2004, regular meeting at the request of the applicant. 11. 12. 13. 14. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policies A.l and A.2; Land Use Element Residential Goal C and Policies C.l and C.2; and Land Use Element Commercial Goal D, Policy 0.1, Goal E, and Policies E.3, E.7, and E.8. . B. The proposed use complies with Section 17.10.040(R) (RS-7 Zone) of the Port Angeles Municipal Code and, as conditioned, the proposal is consistent with development standards for other uses in the RS- 7 Zone. C. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. D. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance), E. Continued operation ofthis existing small retail store would not seem to have adverse impacts on traffic patterns, which are well established without significant problems evident in the past. F. As conditioned, the proposal is in the public interest and supports the needs of residents in the neighborhood. The motion was seconded by Commissioner Philpott and passed 5 - O. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-03 - CITY OF PORT ANGELES. Crown Park: Request for a shoreline substantial development to construct a storm water drainage system and sanitary sewer line within the shoreline jurisdiction. (Continue to June 23, 2004.) . Associate Planner Scott Johns indicated that staff was not prepared to present a staffreport and recommended that the Planning Commission open and continue the public hearing until the June 23,2004, Planning Commission meeting. Vice Chair Rasmussen opened the public hearing. Commissioner Philpott moved to continue the public hearing to the June 23, 2004 Planning Commission meeting. The motion was seconded by Commissioner Norton and passed 5 - O. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT. SMA 04-02 - CITY OF PORT ANGELES. Shoreline Area at Port Angeles Landfill: Request to perform exploratory work within the shoreline in preparation of revetment work in the area. (This item should be continued to June 23,2004.) Vice Chair Rasmussen opened the public hearing. Associate Planner Scott Johns indicated that staff was not prepared to present a staff report and recommended that the Planning Commission open and continue the public hearing until the June 23,2004, Planning Commission meeting. Commissioner Norton moved to continue the public hearing to the June 23, 2004 Planning Commission meeting. The motion was seconded by Commissioner Honnold and passed 5 - O. Commissioner Norton was excused from the meeting at 7: 10 pm. COMMUNICATIONS FROM THE PUBLIC None . STAFF REPORTS Director Collins reported that the City Council held its second public hearing on the Comprehensive Plan update on June 8, 2004, and is expected to take an action on the matter on Monday June 14, 2004. He indicated that some changes to the amendments had been made at the . . . Community and Economic Development Commi~tee (CED) level. In conclusion, Director Collins indicated his appreciation for all the efforts that had been contributed by all the individuals to the Comprehensive Plan updates and specifically mentioned Associate Planner Scott Johns' efforts in leading the process. REPORTS OF COMMISSION MEMBERS Commissioner Philpott applauded the City in its efforts toward updating the Comprehensive Plan. ADJOURNMENT The meeting adjourned at 7:30 p.m. ~~ Brad Collins, Secretary PREPARED BY: S. Johns F'ORTANGELES WAS H I N G TON, U. S. A. PLANNING COMMISSION ATTEl\TJlANCE ROSTER AND TESTIMONY SIGN~UP SHEET PLEASE SIGN IN . .. Meeting Agenda of: t= q 02.00 tj To help us provide an a~curate record of those in affenda c~, please S;g; in. Your signature acknowledges your presence. If you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify. ADDRESS: Agenda Item No. C: \M y Files\Forms\Mtgrostpc. wpd