HomeMy WebLinkAboutMinutes 06/14/2000
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~ORT ANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
June 14,2000
I. CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Special Meeting of May 31, 2000.
IV. PUBLIC HEARINGS (CONTINUED):
1.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-09-
CITY OF PORT ANGELES ~ Valley Creek Estuary Brid~e: A proposal to
construct a bridge over the mouth of the estuary in the Industrial Heavy zone.
(An Executive Session will be conducted at this point for approximately 10 minutes.)
2. MUNICIPAL CODE AMENDMENT - MCA 00-02 - ADULT
ENTERT AINMENT BUSINESSES City wide: Consideration of adoption of
regulations regarding adult entertainment business within the City limits. (Continued
from April 26, and May 24, 2000.)
PUBLIC HEARINGS (NEW):
1. STREET VACATION PETITION ~ STV 00-02 - STEWARD. Portion of"H"
Street north of Tenth Street. Request for a portion of unopened City right-of-way
abutting Blocks 305 and 306 Townsite of Port Angeles.
2. PARKING VARIANCE - PKV 00~01- MAVERICK DEVELOPMENT. 116
North Albert: Reconsideration of a request for a reduction of parking in association willi
a senior housing use in the Commercia] Arterial zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI.
STAFF REPORTS
PLANNING COMMISSIONERS: Fred Hewins (Chair), Dean Reed (Vice),Bob King,Linda Nuttcr,Fred Norton, Bob Philpott, Charles Schramm
PLANNING STAFF: Brad Collins (Planning Director), Sue Roberds (Planning Specialist), One position vacant
VII.
REPORTS OF COMMISSION MEMBERS
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ADJOURNMENT
PLANNING COMMISSIONERS: Fred Hewins (Chair,). LindaNuttcr (Vice Chair);Bob King, Fred Norton, Bob Philpott, Charles Schramm, Mary Craver
PLANNING STAFF: Brad Collins, Planning Director; Sue Roberds, Planning Specialist.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 14, 2000
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins,
Bob King, Chuck Schramm
Members Absent:
Mary Craver
Staff Present:
Brad Collins, Sue Roberds, Craig Knutson
Public Present:
Steve Zenovic, Pili Meyer, Chris Brotherton, Jeffrey Lauro,
David Bentley, Ken Sweeney, Lorraine Ross, David Neupert,
Mark Thomas, Stasia Steward, Jackie Schwagler, Linda
DeBord
APPROVAL OF MINUTES
Commissioner Nutter moved to approve tbe minutes of the special May 31, 2000,
meeting with a correction to Condition No. 14 on Page 5 to read "Tbe semi-annual
report will also include an independent written report from tbe advisory board." The
motion was seconded by Commissioner King and passed 4 - 2 with Commissioners
Hewins and Philpott abstaining as they were not present during most of the meeting.
PUBLIC HEARINGS (CONTINUED):
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-09 ~
CITY OF PORT ANGELES - Valley Creek Estuary Bridge: A proposal to construct
a bridge over the mouth of an estuary in the Industrial Heavy zone.
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the request. Chair Hewins opened the public hearing.
Steve Zenovic, Zenovic and Associates, 519 South Peabody #4, Port Angeles, represented
the applicant, the City Parks and Recreation Department, and was present for questions. He
noted that the upland area is being developed by the City with the shoreline and estuary areas
under the jurisdiction of the Port of Port Angeles. He provided information regarding the
bridge concept. In reviewing the hydraulics permit application for the original estuary permit
in 1996, additional shading was suggested through negotiations with the Department ofFish
and Wildlife. It was agreed that a bridge would provide additional shade area for migrating
fish and would allow their eyes to adjust from the bright light of the estuary to the dark
Planning Commission Minutes
June 14. 2000
Page 2
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culvert upstream. However, the original shoreline permit approval did not include a bridge,
and therefore a new pennit is required to allow a bridge in the estuary park development.
Mr. Zenovic responded to Commissioner Nutter that untreated wood will be used to prevent
creosote from seeping into the creek. Bicycle use of the bridge will not be permitted for
safety purposes. However, non pedestrian amenities such as bike racks will be worked into
the design ofthe park most Iike]y in the pavillion area to allow bicyclists to enjoy the park.
He confirmed for Commissioner Schramm that the bridge was intended to replace additional
logs originally proposed as shading in the estuary. Everything done so far in the location of
the intended bridge has laid the way for a bridge.
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Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 331
West First Street, also provided background infonnation confirming the concept of the
bridge. The estuary was originally designed as mitigation for filling the K-Ply log pond.
The concept was developed with the focus being on the area below the mean higher high
water. The purpose was to provide fish habitat to meet mitigation requirements of the
Department ofFish and Wildlife. Some design work was also provided for the upland area
that included features that would increase the public's enjoyment of the shoreline area. The
1996 shoreline permit that originally approved the work was approved prior to the current
conceptual plan and did not contain a bridge. He agreed with Mr. Zenovic that the idea for
a bridge came about from negotiations with the Department of Fish and Wildlife.
Washington State Department ofFish and Wildlife (WDFW) Habitat Biologist, Bob Burkle,
emphasized that it was important to have logs the entire length of the channel to the area
where it widens to the estuary. He thought that an understanding had been reached with
WDFW that the bridge would provide additional shading requested as well as needed
protection from predation by birds. However, it appears that a conflict has now arisen with
WDFW. The] 997 negotiations were carried on by the Executive Director of the Port of Port
Angeles and the Regional Director of the WDFW, Sara LaBord. At one point it was
determined that there might even be grant funds available from WDFW for such a project.
Most ofthe negotiation was done by phone without a lot of written correspondence. A new
biologist has now objected to the project and is questioning those negotiations. The
applicant will continue to work with WDFW because a hydraulics permit is required for the
bridge.
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David Bentley, 155 Marsden Road, is the founder of a non profit organization called PIRA,
Peninsula International Re]ations Association, that originated a sister city relationship
between Port Angeles and Mutzu City, Japan. When the sister city agreement was signed
the idea was that something would be constructed to commemorate that association in each
city. A park has been established to commemorate the Port Angeles community in Mutzu
City, Japan. The bridge has been designed as a friendship bridge of a Japanese design that
would be a commemorative gift to the community. The work is being done entirely by
private contributions. He expressed disappointment that one biologist coming into the
process late in the planning could hold up this project. A great deal of planning has been
done over several years with the earlier understanding that such a structure had been
previously acknowledged as a viable mitigation measure. A bridge cutting celebration has
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Planning Commission Milll/les
June 14. 2000
Page 3
been planned for the end of July with representatives from Mutzu City; Japan which now is
in limbo due to the disagreement of one official.
Planning Director Collins noted that the City has been working with WDFW since the
application was received in April. Appropriate procedures have been followed but talks have
not been successful in reaching agreement with the local biologist on this issue. There
clearly is a conflict with WDF\\) but the conditions attached to the City's permit approval
do not interfere with WDFW's jurisdiction. The City will continue to support the project and
try to work the issues out.
There being no further testimony, Chair Hewins closed the public hearing.
Following brief discussion, Commissioner King moved to approve the shoreline
substantial development permit as proposed with the following conditions, findings,
and conclusions:
Conditions of Approval:
1. The activity shall meet all requirements of the Port Angeles Municipal Code
including fire and building code requirements.
2.
Signage shall be consistent with Chapters 4 and 5 of the City's Shoreline Master
Program.
3. The applicant shall obtain and comply with the requirements of a Hydraulics Permit
from the Washington Department ofFish and Wildlife.
4. The applicant must obtain an administrative ESA approval per Chapter 15.20 of the
Port Angeles Municipal Code.
Findings:
Based on information provided in the May 24, and June 14, 2000, staff reports (including all
of its attachments); comments and information presented during the public hearing, and the
Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1.
In 199], Shoreline Substantial Development Permit SMA 9]-119 was approved by
the City to complete filling of the K-Ply log pond. In 1993, the pennit was revised
to include a required mitigation project known as the Valley Creek Estuary Project.
A shoreline permit was approved in 1996 (SMA 96.158) that mirrored the 1993
proposal to construct the estuary project, since a two year time period passed
following approval in 1993 with no significant work being done and therefore, the
permit expired.
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Planning Commission Minutes
June 14, 2000
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A pedestrian bridge was planned part way through the project development but was
never included in any shoreline p enn it. Other amenities such as a viewing tower and
signage were included in the previous (1996) permit approval.
3. The State of Washington Shoreline Management Permit and Enforcement
Procedures (WAC 173-27-040(2)(a)) state "Any development of which the total cost
or fair market value, whichever is higher, does not exceed two thousand five hundred
dollars, if such development does not materially interfere with the normal public use
of the water or shorelines of the state..."
4. The applicant, the City of Port Angeles, applied for a Shoreline Substantial
Development Permit on March 24, 2000. The application (Attachment B) was
determined complete on MaTch 29,2000.
5. A Determination of Non-Significance and Adoption of an Existing Environmental
Document was issued by the City of Port Angeles SEP A Responsible Official for the
proposal on May 19, 2000. The comment period for the public and agencies with
jurisdiction runs through June 3, 2000.
6. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
7.
The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning
Ordinance, and critical areas ordinances have been reviewed with respect to this
application.
8. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy
(IH) in the City's Zoning Ordinance, and Urban-Harbor (UR) and Aquatic-Harbor
(AR) in the City's Shoreline Master Program.
9. Water dependant recreational use is permitted in the UH and AH environment
designations.
10. The marine shoreline is defined by the City's Environmentally Sensitive Areas
(ESA) Ordinance (Section 15.20 PAMC) as a "beach and associated coastal drift
process area."
11. Beach restoration and enhancement are permitted activities in both the Urban-Harbor
and Aquatic-Harbor designations.
12. The shoreline has been altered substantially from its natural state.
13.
The City's waterfront trail runs east and west adjacent to the property's south
property line.
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Planning Commission Minutes
June 14. 2000
Page 5
14.
The nearest residents are over 300 feet south of the site across Marine Drive and atop
a marine bluff which is over 100 feet above sea level. Other uses in the area include
the K-Ply plywood mill to the west and commercial activities along the Marine Drive
corridor.
15. The approval is to construct a 44' long x 16' wide untreated wooden pedestrian bridge
which will provide pedestrian access along the Waterfront Trail and shading for fish
within the estuary.
16. The project is subject to review by the anny Corps of Engineers and Department of
Ecology, pursuant to the Clean Water Act, and requires a hydraulics permit from the
Department of Wildlife and Fisheries.
17. The estuary area is identified by a 1926 Army Corps of Engineers survey map as
being underwater as the shoreline area extended south of First Street at that time.
18. Signage will be provided identifying natural features and providing educational
information for the estuary area.
19.
The Port Angeles Harbor provides near shore marine habitat for juvenile Puget
Sound chinook salmon, which are listed as a threatened species under the
Endangered Species Act.
20.
The application materials were sent to the Department of Ecology (DOE), the
Washington State Department ofFish and Wildlife (WDFW), and the Lower Elwha
Klallam Tribal Council, and Army Corps of Engineers for review.
Conclusions:
Based on information provided in the May 24, and June 14,2000, Planning Department staff
reports including all of its attachments, comments and information presented during the
public hearing, the Planning Commission's discussion and deliberation, and the above listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
A. The project is consistent with the City's Comprehensive Plan. Those policies most
relevant to the proposed project are: Land Use Element Goal A, Policy 2; Goal H,
Policy 3; Conservation Element Goa] B, Policies 1, 2, 9 & 10 Conservation Element
D, Policies 2, 3, 5 and 7.
B. The proposal is in compliance with the City's Industrial Heavy (IH) zone of the
City's Zoning Ordinance.
C.
The proposal is consistent with the City's Shoreline Master Program specifically
Chapter 4 (General Policies and Regu]ations) B.2; c.1., 2., 4., 5., 7.; D.1; 1.1., 2., 3
and Regulations 1 - 12; K.2., 4., 6; 1.1; N.1., 2; Chapter 5 (Environment
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Planning Commission Minules
June 14. 2000
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Designations)Urban Harbor (UH) Policies D. 1,2,5,9, 10, 11; Aquatic Harbor (AR)
Policy F.3; and Shoreline Use Matrices.
D.
The project will not be detrimental to the shoreline and is subject to WDFW review
and mitigation of impacts to fish habitat.
E.
The public's access to and enjoyment of the shoreline area will be enhanced by the
proposal.
The motion was seconded by Commissioner Norton and passed 6 - O.
An Executive Session was called for by the City Attorney at this point (8:00 p.m.) for
discussion on the following item. The session lasted 15 minutes with the meeting
reconvening at 8:15 p.m.
MUNICIPAL CODE AMENDMENT MCA 00-02 ADULT
ENTERT AINMENT BUSINESSES City wide: Consideration of adoption of
regulations regarding adult entertainment business within the City limits. (Continued
from May 24, 2000.)
Planning Director Collins presented the Planning Department's staff report. He provided
maps identifying areas where adult entertainment businesses could locate within the City if
the proposed ordinance is adopted, and noted that there are approximately 50 such sites
currently available for that type of activity within the City limits.
Mr. Collins responded to a question from Commissioner Schramm that he did not lrnow how
the Port approves leases and that the adoption ofthe intended regulations would eliminate
the possibility of adult entertainment businesses by conditional use permit in residential and
commercial zones.
City Attorney Knutson stated that the key difference in the existing and proposed regulations
is that the current ordinance allows for waivers that would allow such uses nearly anywhere
in the City under the conditional use permit process. The proposal removes the uncertainty
as to where such uses could occur.
Chair Hewins opened the public hearing. There being no one present to provide testimony,
Chair Hewins closed the public hearing.
Commissioner Norton commended staff for working through the volumes of legal material
and providing a workable ordinance.
Commissioner Nutter pointed out that the proposed distance criteria between such uses and
residential or commercial uses does not seem adequate as it measures around buildings
thereby reducing distances a great deal if measured by the pedestrian method. Five hundred
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Planning Commission Minutes
May 31, 2000
Page 7
feet would be more acceptable than the proposed three hundred feet. Director Collins agreed
and noted that such a change should still result in approximately 40 sites available for
development to adult entertainment businesses. Five hundred feet is the length of a City
block. The intent was to separate adult entertainment businesses so there would be no more
than one business within a block of each other.
Attorney Knutson read a second definition of the measuring method that was not included
in staff's report but which was intended to be considered. The alternate method would take
into account the development of adjoining properties.
Following continued discussion on the details of the ordinance including the method of
measuring the distance between such uses, Commissioner Nutter moved to continue
discussion to the June 28, 2000, meeting and directed staff to revise the maps including
identifying the County's zoning designation along Edgewood Drive, further analysis of
the sites available given either the 300 feet or 500 feet measuring criteria, and
amendment to the definitions section. The motion was seconded by Commissioner
Schramm and passed 6 - O.
The Commission took a break at 9:10 p.m. The meeting reconvened at 9:15 p.m.
PUBLIC HEARINGS (NEW)
STREET VACATION PETITION - STV 00-02 - STEWARD. Portion of "H"
Street north of Tenth Street. Request for a portion of unopened City right-of-way abutting
Blocks 305 and 306 Townsite of Port Angeles.
As the applicant was not as yet present, this item was moved to last on the agenda.
PARKING VARIANCE - PKV 00-01- MAVERICK DEVELOPMENT. 116
North Albert: Reconsideration of a request for a reduction of parking in association with
a senior housing use in the Commercial Arterial zone. (Continued from May 24, 2000.)
Director Collins reviewed the Planning Department's staff memorandum and responded to
Chair Hewins that the public hearing was properly noticed by posting and legal publication
in the Peninsula Daily News. Two letters of support for the variance were received as a
result of the additional notification/mailing. Chair Hewins opened the public hearing.
David Neupert, 403 South Peabody, indicated that the signature on the letter from Swain's
is that of the store manager, Dick Cable. He stated that the applicants have eliminated one
condominium unit, increased the number of on-site handicapped parking spaces by filling
in the swimming pool, added a handicapped visitor parking space and a dedicated loading
area, obtained a lease with a neighboring property owner (rather than the business operator)
for two visitor parking spaces, and entered into an agreement with a limousine service for
on-demand parking in an effort to address some of the Planning Commission's earlier
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Planning Commission Minutes
June J 4. 2000
Page 8
concerns. He displayed a revised on-site parking plan which he stated was approved by the
City's Engineering Department. Director Col1ins agreed that the City's Deputy Director of
Public Works Utilities, Gary Kenworthy, approved of the revised parking layout. A
permanent requirement of the homeowner's association is to provide the 28 on-site parking
spaces as shown on the revised parking map including retention of at least two off-site visitor
parking sites for the life ofthe condominium use. The additional on-site parking spaces meet
Americans with Disabilities Act (ADA) standards. The site is well situated for residency by
persons who do not drive due to its proximity to the Central Business District.
Mr. Neupert felt that the applicant has done everything that can be done given the current
circumstances to address the Planning Commission's earlier reasons identified in denial of
the variance request. He apologized for the unfortunate wording of the appeal of that
decision to the City Council. The applicant meant no disrespect.
Pili Meyer, Coldwell Banker Real Estate, 330 East First Street, Port Angeles, spoke in
favor of the variance because it will allow this much needed residential condominium project
to go fonvard. The site has long been vacant and the proposal will result in the generation
of much needed tax revenues. The housing will fill a niche between the many new low
income housing opportunities and higher income developments available for seniors.
Lorraine Ross, 418 East Front Street, Port Angeles, also spoke in favor of the request. It
is reasonable to assume that some occupants will not own or drive a car. There is a need for
this type of in-between housing and the proposed location has very good access to many
desirable City locations. She encouraged a further redesign that would preserve the pool
room area to be used as a common room, waiting room, or lobby, rather than for parking.
She suggested that a parking reduction to 26 spaces for the 28 units be considered and, if it
doesn't work, additional parking space could then be required.
Mark Thomas, 723 Freshwater Bay Road, Joyce, Washington, encouraged approval of the
variance due to the tax benefits to the City.
There being no further testimony, Chair Hewins closed the public hearing.
Chair Hewins expressed appreciation that the applicants have chosen to redesign the site and
to try to accommodate the Planning Commission's earlier reasons for denial. The applicant
has added handicapped parking spaces, improved and clarified lease agreements, and
identified loading and visitor parking areas.
Commissioner Schramm noted that many businesses have left the City due to lack of
parking. It is important to provide adequate parking for a healthy business.
Commissioner Nutter pointed out that although the new lease is with a neighboring property
owner not just with the business operator/owner, it is a month to month lease.
Planning Commission Mil/utes
May 31.2000
Page 9
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Commissioner Philpott agreed with Commissioner Hewins' analysis that the applicant has
endeavored to address the reasons for the earlier denial of a parking variance. He favored
the current proposal.
Commissioner Schramm asked staff if the parking requirements were discussed with the
applicants prior to commencement of the project. Planning Director Collins responded that
staff met with representatives of First Federal Savings and Loan prior to the sale of the
properties to discuss their marketing plans for the three sites originally known as "Aggie's".
First Federal Savings and Loan was told that it would be difficult to separate the two west
sites from the parking that was historically provided on the east lot. Additionally, following
sale of the subject site, the applicants were infonned of the parking requirements. In all
discussions regarding potential use of the three properties staff stated that it would be
difficult to separate the uses from the historical parking arrangement and yet the applicant
moved forward with the project without a parking variance.
In response to Commissioner Schramm, Director Collins stated that if a parking variance is
approved and the use of the site changes the parking variance would become invalid.
Variances are for specific uses.
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Commissioner Schramm did not feel that the applicants did their homework in putting
together a business plan for the site's conversion. The requested reduction in parking is 50%
ofthe required parking. Commissioner Schramm noted that other parking reductions granted
for similar projects have not had positive results. A visit to two of those sites recently
indicated that the parking reductions were not warranted. He did not believe such a
significant reduction is warranted in this instance as it is mainly caused by poor planning on
the part of the applicants rather than by the residency
Commissioner Nutter agreed with Commissioner Schramm and further stated that she never
stated that one parking space for each condominium unit would be adequate.
Planning Director Collins noted that the Port Angeles Municipal Code used to have a
provision for one parking space per each senior residential living unit in senior residential
developments. Additionally, at one time there was a further reduction to one-half space per
residential unit for residents of assisted living senior housing developments. Those sections
were removed from the Municipal Code with the understanding that in the future parking
reductions would be considered on a case by case basis given the special circumstances in
each instance.
Commissioner King moved to continue the business meeting beyond 10 p.m. The
motion was seconded by Commissioner Norton and passed 6 - O. .
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The Commission took a break at 10:20 p.m. to allow staff to revise findings and conclusions
in support of the variance. The meeting reconvened at 10:30 p.m.
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Planning Commission Minutes
June 14, 2000
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Following review of the revised findings and conclusions, Commissioner Norton moved
to approve the requested reduction of parking citing the following conditions, findings,
and conclusions
Conditions:
1. Approval is for the project as submitted by the applicant and identified as Attachment
B to the April 12, 2000, Planning Department Staff Report for PKV 00-01 as revised
by the applicant's representative at the June 14, 2000, Planning Commission public
hearing.
2 The project shall provide parking spaces as identified in the June 14, 2000, site plan,
and 2 off-site parking spaces.
3. The size of the parking spaces, lot design, and improvements shall be approved by
the City Engineer.
4. The project shall include curb, gutter, sidewalk, and alley improvements as required
by the City Engineer.
5.
Occupancy of the individual units shall be restricted to senior residents and such
limitation shall not be removed without City approval. Evidence of such restriction
shall be approved by the Planning Department.
6.' All conditions of approval shall be complied with consistent with City Ordinances
prior to the issuance of a Certificate of Occupancy.
Findings:
Based on information provided in the April 12, 2000 Staff Report for PKV 00-01 (including
all of its attachments), comments and infonnation presented during the public hearing, and
the Planning Commission's discussion and deliberation following reconsideration of the
original approval of denial at a June 14, 2000, public hearing, the City of Port Angeles
Planning Commission hereby finds that:
1. The applicant, Maverick Development/Prime Financial, applied for a parking
variance on January 20, 2000. The application was determined to be complete on
January 26, 2000. The application is identified as Attachment B to the Apri] 12,
2000 Planning Department Staff Report for PKV 00-01 and revised as presented by
the applicant's representative at the June 14, 2000, Planning Commission public
hearing.
2.
As a variance, the application is exempt from SEP A requirements.
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Planning Commission Minutes
June 14, 2000
Page 11
3.
In accordance with legal requirements of the City of Port Angeles and the State of
Washington, the notice of application and subsequent hearing process was advertised
in the Peninsula Daily News' legal section on January 26,2000, and May 30,2000.
4. Based on senior occupancy, the applicant is requesting a reduction in the
number of required parking spaces from 56 to 29 spaces. The proposed 28 spaces
will provide one space for each of the project's 28 units, 1 visitor handicap parking
space, and 1 loading space
5. The applicant submitted a portion of the project's CC&Rs which states "It is intended
by declarant that the Condominium qualifY as housing that is intended and operated
for occupancy by persons fifty-five (55) years of age or older, as authorized by and
in compliance with 42 USC 3607(b)(2)(C) [Article 1 1.8.37]."
6. The site is located at 116 N. Albert Street on the southwest comer of Albert Street
and Front Street.
7.
The project is the conversion of a part of the former Aggies Motel and Restaurant
complex into residential units. The vacant restaurant building is across the alley to
the south ofthe site and the former office and additional parking area is across Albert
Street to the east. To the north across Front Street is a separate operating motel and
adjacent to the west is a single family residence.
8. The City's Parking Ordinance requires two spaces for each multi-family or apartment
unit.
9. The June 14, 2000, site plan submitted by the applicant shows 29 on-site parking
spaces. The spaces are located on the ground floor, both under the units and in an
interior courtyard. Because of the location of some support structures for the
building, the design of the onsite parking is somewhat restricted.
10. Other than the parking requirement, the project as conditioned is consistent with the
City's Comprehensive Plan, Zoning and Parking Ordinances.
11. The site and surrounding properties are located in the Commercial [C] designation
of the Comprehensive Plan Land Use Map and are zoned Commercia], Arterial [CA].
12. The use of the site as an apartment building is a permitted use in the CA zone.
13. The density of the project is consistent with a recent Planning Department
Interpretation regarding the conversion of existing hoteVmotel facilities to residential
units.
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Planning Commission Minutes
June /4. 2000
Page] 2
14.
The Public Works Department has indicated new concrete sidewalk and driveway
approaches will be required prior to occupancy. Additionally, if access is taken off
the alley, City standard improvements to the alley along with the removal of the
existing bollards will be required. No other City departments noted any specific
requirements.
15. Three letters of comment were received from the public regarding this application.
The public comment period ran from January 21, 2000 to February 10,2000, and
from May 30,2000 to June 14, 2000.
16. The applicant's revised proposal includes a monthly parking lease agreement for 2
additional spaces at the Pettit Chevron station, and van services for the condominium
residents.
Conclusions:
Based on the information provided in the April 12, 2000 Staff Report for PKV 00-01,
including all of its attachments, comments and infonnation presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
A.
Because of the location of some support structures for the building, the design of the
on site parking is somewhat restricted.
B. As conditioned, the variance is not detrimental to surrounding properties.
C. As conditioned, the variance will not create increased congestion or traffic hazards
along adjacent streets and alleys.
D. As conditioned, the variance is consistent with the intent of the Off-Street Parking
Ordinance, the zoning district in which the site is located, and the Comprehensive
Plan."
The motion was seconded by Commissioner Philpott and passed 4 - 2 with
Commissioner Nutter and Schramm voting in the negative. Commissioner Nutter voted
in the negative due to her belief that the proposed reduction is detrimental to surrounding
properties, will increase congestion and traffic hazards along adjacent streets and alleys, and
it is inconsistent with the City's Parking Ordinance. Commissioner Schramm agreed and
although he believes the proposal is a good proposal and the developers have worked hard
for it but the reduction in parking will be a detriment to the area. Poor planning on the part
of the applicant is not a good reason for granting a parking reduction that will last for the life
of the use.
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Planning Commission Minutes
JUlie 14. 2000
Page ] 3
STREET VACATION PETITION - STV 00-02 -STEWARD. Portion of"H"
Street north of Tenth Street. Request for a portion of unopened City right-of-way abutting
Blocks 305 and 306 TO\\o1lsite of Port Angeles. (Continued from earlier in the agenda.)
Planning Director Collins reviewed the Planning Department's report recommending
approval of the requested vacation of right-of-way. Chair Hewins opened the public hearing.
Stasia Steward, 1335 West 1 UJ, Street, Port Angeles, asked that the vacation be approved
for the reasons stated in staffs report. No one is using the right-of-way and it is no value
to anyone but herself at this time.
There being no further testimony, Chair Hewins closed the public hearing.
Following brief discussion, Commissioner Nutter moved to recommend approval of the
right-of-way vacation as proposed citing the following condition, findings, and
conclusions:
Condition:
1.
A pennanent utility easement over, under, across and through the westerly 20' ofthe
easterly one-half of the proposed vacated ''H: Street shall be provided to the City
before the street vacation takes place.
Findings:
I. A petition for vacation of right-of-way was submitted by John and Stasia Steward on
May 2, 2000. The application materials are provided in Attachment B.
2. The proposed street vacation is for the portion of"H' Street abutting Lot II, Block
305, and Lot 20, Block 306, TP A, as shown on the map in Attachment C. No portion
of the 9/10 alley is included in this proposed street vacation.
3. "H " Street is not improved between lOth St. and the 9/10 alley, except for a 6"
ductile water within the westerly 20' ofthe easterly one-half of the proposed vacated
"H" Street.
4. There are no power utilities in the street proposed for vacation.
5.
The City's Solid Waste Division had no objection to the vacation as proposed due
to the fact that trash containers are picked up along lOth Street in this location and not
in the alley.
6.
The City's Fire and Police Departments had no comment on the proposed street
vacation.
.
.
.
Planning Commission Minutes
lIme 14, 2000
Page 14
7.
10th Street, "I" Street, and 8th Streets are arterial streets on the City's Circulation Plan
Map.
8. The properties abutting the proposed street vacation are zoned Residential Single
Family (RS-7) with the lot to the east having a single family residence being built on
it and the lot to the west being undeveloped.
9. The properties north of the 9/10 alley and "H" St. are zoned Residential High
Density (RHO) and Community Shopping District (CSD) with the RHD developed
as a senior residential community know as Park View Villas and the CSD
undeveloped.
10. The properties south of 10th St. are zoned and developed as RS-7 single family
residential.
11. The vacating of a street is categorically exempt from a SEP A threshold determination
and Environmental Impact Statement requirements per Section 197-11-800 (2) (h)
of the Washington Administrative Code which states "(2) Other minor new
construction. The following types of construction shall be exempt . .. (h) The
vacation of streets or roads. It
12.
The proposed street vacation was reviewed for consistency with the Port Angeles
Comprehensive Plan.
13. Per the required publication and notification procedures, the site was posted, and
notice of the action was published in the Peninsula Daily News on May 26, 2000.
No comments were received during the publication and posting period.
14. This action constitutes a recommendation to the City Council. The City Council has
scheduled a public hearing for consideration ofthe petition at its July 5,2000, regular
meeting.
Conclusions:
A. A utility easement should be retained for an existing water line in the right-of-way
proposed to be vacated.
B. Current traffic circulation in the area would not be affected by this vacation, although
future development of more intensive high density residential and commercial zoned
properties to the north would not have an "H" St. access to 10th St., which is a
collector arterial.
c.
The vacation of the proposed rights-of-way will not interfere with the public's health,
safety, or welfare so long as the condition retaining a necessary utility easement is
required.
.
.
.
Planning Commission Minutes
June /4, 2000
Page 15
D. Residential development patterns in the area south of 10th St. would be protected by
the proposed street vacation from more intensive traffic related to future development
north of the 9/10 alley.
E. The proposed street vacation was found to be consistent with the Port Angeles
Comprehensive Plan, and the following goals and policies were found to be the most
relevant: Transportation Goal B, Policies B9 and B 10, Utilities and Public Services
Goal D, Policies Dl and D5, Capital Facilities Goal B, and Policies Bl and B 2.
F. The purpose of the street vacation is to allow for an addition to the house being built
on Lot 11, Block 305, and the only public purpose served by a vacation of the street
right-of-way would be to add property back on to the City's tax rolL
G. As conditioned, the proposed street vacation is in the public interest
Commissioner Norton seconded the motion which passed 6 - O.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Planning Specialist Sue Roberds provided a brief summary of the McPhee Conditional Use
Permit activity approved for the northeast comer of 8th and Race Streets as requested at the
May 31, 2000 meeting. The conditional use pennit was required because the application
indicated that gas pumps in association with a convenience store was the proposed use. The
applicant has since decided not to pursue the gas use and therefore the conditional use pennit
is no longer required. Therefore, the only development standards that are required of a
pennitted activity at that location is for landscaping to be provided on the east property line
as it abuts a residential zone. A memorandum from the Fire Department was provided which
indicated that the site had been surveyed for contamination due to the previous use of the site
as a gas station, and it was detennined that the site meets the state's standards as a clean site.
Staff infonned the Commission that two appeals have been received for the Highland Courte
Conditional Use Pennit decision: one from the applicant, and one from the neighborhood
group. That appeal will be considered by the City Council on Ju]y 5, 2000 as a closed record
appeal.
REPORTS OF COMMISSION MEMBERS
Commissioner Nutter reminded the group that the Northwest Tandem Bicycle Rally event
is planned for June 30 to July 3, 2000, headquartered at the Port Angeles High School.
.
.
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Planning Commission Minutes
June /4, 2000
Page 16
Commissioner Nutter asked what steps staff is pursuing in investigation or action for the
Withers fill located at 5th and Penn Streets. Director Collins responded that staff has written
a letter to the Withers' engineer informing him that he was to produce a new map in order
to proceed and finalize the action. No map has been received nor any other communication
with regard to the issue. At this time no penalties are pending or anticipated. Staff will
continue to try to finalize the situation. Commissioner Nutter expressed disappointment that
the situation has not been finalized and that the time it has taken to investigate and act on the
illegal fill has been over a year. She asked staff to try to pursue these matters more quickly
as it appears the City is doing nothing when illegal activities are reported.
ADJOURNMENT
The meeting adjourned at 11 :45 p.m.
Brad Collins, Secretary
Fred Hewins, Chair
PREPARED BY: S. Roberds
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