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HomeMy WebLinkAboutMinutes 06/28/1995 . . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. - ~t.A NNlllG AGENDA CITY OF PORT ANGELES PLANNING C011MISSION 321 East Fifth Street Port Angeles, W A 98362 June 28, 1995 7:00 p.m. I. CALL TO ORDER II. ROLL CALL m. APPROVAL OF MINUTES: Meeting of June 14,1995 IV. PUBLIC HEARINGS: 1. CONDmONAL USE PERMIT. CUP 95(04)08 - YMCA. 302 South Francis Street: Request to allow the addition of a weight room to the existing YMCA facility, located in the RS-7, Residential Single Family District. (This item is continued from the June 14, 1995, Planning Commission meeting.) 2. EXTENSION OF CONDITIONAL USE PERMIT - CUP 92(04)04 - BUDGET RENT.A-CAR. Northeast comer of Front and Oak Streets: Request for continuation of an independent parking lot in the CBD, Central Business District. 3. REVISION TO CITY'S SUBDMSION (Short and Lon2) REGULATIONS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN: City wide: (Continued from June 14, 1995.) 4. FINAL PLAT - SEAMOUNT ESTATES V. Eighth and Evans Streets: Approval of a final plat creating seven residential lots in the RS-7, Residential Single Family District. (Continued from June 14, 1995.) PLANNmG COMMISSION: linda NutIer,Chair, Tim German (Vice), Orville Campbell, Cindy Soudm, Bob W"mters, Bob Philpott, Bob King. STAFF: Brad CoIIim, Director, Sue Rob<;rd.s Office Specialist, And David Sawyer, Senior Planner. . . . 5. CONDITIONAL USE PERMIT - CUP 95(06)10 - CLALLAM COUNTY HOSTELRIES. 1132 Hazel Street: Request to allow an addition to a permitted group home use in the RS-7, Residential Single Family District. (Continued from June 14, 1995.) v. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS vrn. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department at least 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. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (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 (S minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Conunents should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chainnan. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 28, 1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Linda Nutter, Bob Philpott, Bob Winters and Tim German Members Excused: Cindy Souders and Bob King Staff Present: David Sawyer, Sue Roberds and Mack Campbell Public Present: Marcia Isenberger, Gary Gleason, Susan Taylor, Herbert Pauly, Jessica Schreiber, Joe and Maxine Michalczik, Nancy McHenry, Ardis McWilliams, Robert Lillis, Jinny McCartney, Nancy Campbell, Della Floyd, Tony Kapetan APPROVAL OF MINUTES Commissioner Philpott offered a correction to condition No. 13 of the preliminary approval for Evergreen Subdivision to read as follows: "A neighborhood play area shall be provided and maintained for public use or shall be dedicated to the City of Port Angeles." The Commission concurred with the correction. Commissioner Philpott moved to accept the minutes as corrected. Commissioner Campbell seconded the motion, which passed 4-0 with Commissioner German abstaining. CONDmONAL USE PERMIT - CUP 94(04)08 - YMCA. 302 South Francis Street: Request to allow the addition of a weight room to the existing YMCA facility, located in the RS-7, Residential Single Family District. (This item is continued from the May 10, ] 995, Planning Commission meeting.) Senior Planner David Sawyer presented the Planning Department's report recommending approval of the conditional use permit. Chair Nutter opened the public hearing. Marcia Isenberger, Interim Executive Director of the YMCA, 302 South Francis Street, reviewed the historical contribution the YMCA has made to the Port Angeles community. The existing weight room facility is used by a variety of people and groups from toddlers, disabled youth and seniors. The Y is working with the City1s Parks and Recreation Department for shared parking at Erickson Playfield, located directly across Francis Street from the Y facility. The City has noted that approximately twenty six spaces can be allotted to the Y for their use. The Y is considering paving of those spaces. She stated concern with the conditions imposed on the 1984 conditional use permit requiring landscaping west of the Y building. . Joe Michalczil4 520 West Third Street, serves on the Y Board and explained that a fence was built on the west side of the building in lieu of landscaping. If that is not acceptable, landscaping will also be placed, but it was thought that the fence would provide the intended buffer. He apologized for the lack of communication in compliance with the original permit conditions. Verbal approval was given by the City's Parks and Recreation Director to enter into a parking arrangement for Erickson Playfield a few months ago. The Y now has that approval in writing. The proposal expands the current weight room area by one third. No new machines are planned in the area. Planner Sawyer read a Jetter from Nancy Shiedermayer, Olympic Iron Club~ which was received late in the day, in opposition to approval of the conditional use pennit as requested. Mrs. Shiedermayer suggested that a quasi public entity such as the YMCA should be not encouraged to compete with public enterprise and the YMCA's expansion efforts may result in those private enterprises being unable to continue operation. Marcia Isenberger responded to Mrs. Shiedermayer's written comment by saying that the YMCA strives to be good stewards of the community and when users of the weight room find that their programs are not intensive enough for more typical weight lifting needs the Y reciprocates with the Olympic Iron Club or other private organizations by referrals to those facilities. Ms. Isenberger responded to Commissioner Campbell that the YMCA has had a weight room since 1952 and the upgraded current facility since 1988. . Joe Michalczik noted that the Y is for families and provides different activities for different age groups. The Y is non profit and doesn't close its doors to anyone regardless of the ability to pay. There being no further testimony, Chair Nutter closed the public hearing. The Commission discussed the amount of parking provided and needed by the YMCA for this expansion and the Y's other uses as well as the landscaping required and the conditions of previous conditional use permit approval that may not as yet have been complied with by the Y. Following discussion with staff clarifying the recommended landscaping requirements and noting that the dissenting individual1s request for denial has some merit with regard to private competition for users, but that a weight facility at the Y has been in existence since the 1950's and the facility will probably always appear to be in competition with some private business, Commissioner Campbell moved to approve the conditional use permit as requested with the following conditions: Conditions: 1. Plantings to be approved by the Planning Director and the City Engineer shall be made and maintained in the planting strip along East Third Street adjacent to the property. . 2. Three additional parking spaces shall be provided, and the YMCA shall reach agreement with the City to share the Erickson Playfield parking lot before final . . . Planning Commission Minutes. June 28, 1995 Page 3 building permit approval and occupancy of the expanded weight room. and citing the following findings and conclusions: Findings: I. The request is to permit expansion of an existing weight room in the YMCA facility located at 302 S. Francis Street as proposed in Attachment A 2. A conditional use permit was approved for the existing use in 1984 (CUP 84(10)16) subject to the conditions and based on the findings listed below: Conditions 1. That the yards adjacent to Francis and East Third Streets be landscaped with lawn or other ground cover and shrubs next to the buildings, and a fivefoot wide landscape buffer with mixed ornamental trees and shrobs, having a mature height of not less than six feet, be planted along the west property line; 2. That fivefoot wide sight-obscuring planting strips containing shrubs with a mature height of five feet be installed along the east and west sides of the off-street parking lot. Findings A. The YMCA facility is functionally related to the existing play field and park in this vicinity. B. The new addition will be more compatible with surrounding residential uses. C. The landscape buffering will reduce the visual and land use impacts on adjacent residences. 3. A parking variance from 61 required parking spaces to 40 spaces was granted in 1984 with the following conditions and citing the following findings: Conditions: 1. That the parking lot be designed to discourage use of the 3/4 alley and encourage use of Francis Street and East Fourth Streets. 2. That the Yi\1CA pursues an agreement with the City to use the Erickson Playfield parking lot. . . . Planning Commission Minutes -June 28. 1995 Page <I Findings: A. The new parking lot will reduct traffic impacts currently generated by the YMCA. B. The landscape buffering in the parking lot will reduce the visual and land use impacts on adjacent residences. 4. The YMCA does not have a shared parking agreement with the City to use the Erickson Playfield parking lot. 5. In 1995, Conditional Use Permit No. CUP 95(03)03 was approved subject to the following conditions, and citing the following findings and conclusions: Condition: 1. There shall be no organized activities in the outdoor play area beyond 11 p.m. Findings: 1. The request is to permit expansion of the existing YMCA facility located at 302 S. Francis Street as proposed in Attachment A. 2. A conditional use permit was approvedfor the existing use in 1984 (CUP 84(10)16) subject to the conditions and based on the findings listed below: Conditions: 1. That the yards adjacent to Francis and East Third Streets be landscaped with lawn or other ground cover and shrubs next to the buildings, and a five-foot wide landscape buffer with mixed ornamental trees and shntbs, having a mature height of not less than six feet, be planted along the west property line; 2. That five100t wide sight-obscuring planting strips containing shntbs with a mature height of five feet be installed along the east and west sides of the off-street parking lot. Findings: A. The YMCA facility is functionally related to the existing play field and park in this vicinity. B. The new addition will be more compatible with surrounding residential uses. . . . Planning Commission Minutes - June 28. 1995 Page 5 c. The landscape buffering will reduce the visual and land use impacts on adjacent residences. 3. The subject property is zoned RS-7. Land uses adjacent to the subject site are as follows: To the north: To the south: To the east: ClaUam County Veterans Center,' single family residences and the site's parking lot; single family residences and Erickson Play field and parking area; and single family residences. To the west: 4. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Plan policies which have been identified as being most relevant to the proposal are contained in the staff report. 5. The proposed expansion is for the development of an outdoor play area for the purpose of day care services. 6. The proposed play area will reduce the existing landscaped yard area along Francis Street to a 20' by 20' vision triangle area adjacent to Francis Street and Third Street and two aproximately 2' by 15' planters along Francis Street. 7. The site and the surrounding area's Comprehensive Plan land use designations have not changed since the original approval. 8. The site and the surrounding area's zoning designations have not changed since the original approval. 9. The site and the surrounding area's existing land uses have not changed since the original approval. 10. A Determination olNon-Significance was issuedfor the project on January 13; 1995. 11. The fenced play area provides an opportunity to better control unauthorized outdoor activity. Conclusions: A. The proposed expansion must be conditioned to be compatible with the adjacent law density residential uses. . B. The proposed expansion is in conflict with Condition # 1 of the original Conditional Use Permit [CUP 84(10)16J. . Planning Commission Minutes -June 28,1995 Page 6 c. Based on the evidence submitted, there are circumstances that justify reducing the previously approved conditions of approval for this use. D. As conditioned, the play area meets a portion of the community-wide need for youth and adult recreational opportunities. E. As conditioned, the conditional use permit takes into account the close proximity of the residence located on the east side of Francis Street and attempts to adequately mitigate any negative impacts from those residences. 6. In 1995, Variance No. V AR 95(03)03 was approved citing the following findings and conclusions: 2. . 3. 4. 5. 6. 7. Findings: 1. The request is to reduce the required north side yard setback from 13 feet to one foot and to increase the allowable lot coverage from 36 percent to 38 percent in order to allow expansion of the existing weight room facility. The property is designated as Low Density Residential in the City's Comprehensive Plan. The property is zoned RS-7 (Residential, Single Family). The proposed use is a conditionally permitted use in the RS-7 zone. A 13 foot street side yard setback is required in the RS-7 zone. The maximum allowable lot coverage ~n the RS-7 zone is 30 percent. The proposed expansion of the existing facility increases the Jot coverage to 38% of the subject Jot. 8. The City approved CUP 84(10)16 which established Francis Street as the subject property's front lot line. 9. The subject property is approximately 43,000 square feet in size with a width of approximately 280 feet and a depth of approximately 108 feet. 10. The majority of other RS-7 properties in the vicinity are standard 50' wide and 140' deep Townsite Jots. . 11. The property adjacent to the north and a portion of the property to the east of the subject property are non-residential uses. . . . Planning Commission Minutes. June 28, J 995 Page 7 12. Most of the other RS-7 properties in the vicinity are surrounded by residential uses. 13. There are several other RS-7 properties in the vicinity with structures encroaching into the required side yard setback. 14. There are afew other RS-7 properties in the vicinity that have lot coverage greater than the allowable 30%. 15. No agency reviewing the application identified any potential adverse impact to the public health, safety, and welfare attributable to the issuance of the variance. 16. All decisions and orders of the Board shall be final and conclusive, unless, within ten days from the date of action, the original applicant or an adverse party makes application to the Superior Court of the County for a writ of certiorari, a writ of prohibition, or a writ of mandamus. 17. The site is bisected by the 3/4 Street alley. 18. In 1988, there was an adverse possession judgement against the subject site which resulted in the loss of approximately 1,120 square feet. Conclusions: A. Based on the staff report analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, the approwil of the proposed variance would not be a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located. B. Based on the staff report analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, there is no special circumstance associated with the property which deprives the property owners of rights and privileges permitted to other properties in the vicinity and zone in which it is located. c. Based on the staff report analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, the proposed variance would not he materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. 7. The subject property is zoned RS-7. Land uses adjacent to the subject site are as follows: . . . Planning Commission Minutes - June 28. 1995 Page 8 To the north: To the south: To the east: To the west: Clallam County Veteran's Center; Single family residences and the site's parking lot; Single family residences and Erickson Playfie1d and parking area; Single family residences. 8. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Pan policies which have been identified as being most relevant to the proposal are Land Use Goal B, and Policy C.1, and Goal I, and Utilities and Public Services Policies B.3, BA, and C.6. 9. The proposed addition will reduce the existing landscaped yard area along East Third Street to one foot adjacent to East Third Street. 10. The site and the surrounding area's Comprehensive Plan land use designations have not changed since the original approval. 11. The site and the surrounding area's zoning designations have not changed since the original approval. 12. The site and the surrounding area's existing land uses have not changed since the original approval. 13. A Determination of Non Significance (DNS) was issued for the project on February 16, ]995. No appeal was received. Conclusions: A The proposed expansion can be conditioned to be compatible with the adjacent low density residential uses by plantings in the strip between the sidewalk and East Third Street and by the addition of three new parking spaces. B. While the proposed expansion is in conflict with Condition No.1 of the original Conditional Use Permit [CUP84(I0) 16], testimony and circumstances justify reducing the previous conditions of approval for this use. C. The CUP approval is consistent with the Comprehensive Plan and the intent of the RS.7 Zone. D. The CUP is in the public use and interest because it provides needed community services. Commissioner Philpott seconded the motion, which passed 5-0. EXTENSION OF CONDITIONAL USE PERMIT ~ CUP 92(04)04 - BUDGET RENT A CAR. Northeast COTner of the Front/Oak Street intersection: Request for extension of a permit to allow the continuation of an independent . . . Planning Commission Minutes - June 28, 1995 Page 9 EXTENSION OF CONDITIONAL USE PERMIT - CUP 92(04)04 - BUDGET RENT A CAR. Northeast corner of the Front/Oak Street intersection: Request for extension of a permit to allow the continuation of an independent parking lot in the CaD, Central Business District. Planning Office Specialist Sue Roberds reviewed the Planning Department's report recommending the use be approved for extension for an additional one year period and responded to questions regarding the history of the use. Chair Nutter opened the public hearing. Jim Heckman, 111 East Front Street, stated that often other parking in the area is adequate. The additional lot is used only when other lots are full. An attendant is only on duty during those times when other Budget Rent A Car lots are full. Vehicles are then directed to the additional lot and an attendant assists in parking. Otherwise, parking is on an honor basis for the subject lot. There being no further testimony, Chair Nutter closed the public hearing. Commissioner Campbell moved to approve of the extension request with the following conditions: Conditions: 1. The extension shall be for a one year period, until May, 1996. 2. A parking lot attendant shall be on-duty during those times when vehicles are being parked. Findings: 1. The Central Business District zone allows for independent parking lots as a conditional use. 2. The use of the property as a parking lot is non consumptive of the limited land in the Central Business District and can be converted to a higher use. 3. There are other independent parking lots in the vicinity. 4. The Victoria ferries generate the need for long-term off-street parking in the Downtown area. s. The City's Parking Ordinance requires that parking lots providing required parking shall be paved with concrete, asphalt or other hard surface paving. The Ordinance does not contain standards for parking lots not intended to provide required parking. . Pkrnning Commission Minutes June 28, J 99S Page 2 requiring landscaping west of the Y building. Joe Michalczik, 520 West Third Street, serves on the Y Board and explained that a fence was built on the west side of the building in lieu oflandscaping. If that is not acceptable, landscaping will also be placed, but it was thought that the fence would provide the intended buffer. He apologized for the lack of communication in compliance with the original permit conditions. Verbal approval was given by the City's Parks and Recreation Director to enter into a parking arrangement for Erickson Playfield a few months ago. The Y now has that approval in writing. The proposal expands the current weight room area by one third. No new machines are planned in the area. Planner Sawyer read a letter from Nancy Shiedermayer, Olympic Iron Club, which was received late in the day, in opposition to approval of the conditional use permit as requested. Mrs. Shiedermayer suggested that a quasi public entity such as the YMCA should be not encouraged to compete with public enterprise and the YMCA's expansion efforts may result in those private enterprises being unable to continue operation. . Marcia Isenberger responded to Mrs. Shiedermayer's written comment by saying that the YMCA strives to be good stewards of the community and when users of the weight room find that their programs are not intensive enough for mOTe typical weight lifting needs the Y reciprocates with the Olympic Iron Club or other private organizations by referrals to those facilities. Ms. Isenberger responded to Commissioner Campbell that the YMCA has had a weight room since 1952 and the upgraded current facility since 1988. Joe Michalczik noted that the Y is for families and provides different activities for different age groups. The Y is non profit and doesn't close its doors to anyone regardless of the ability to pay. There being no further testimony, Chair Nutter closed the public hearing. The Commission discussed the amount of parking provided and needed by the YMCA for this expansion and the Y's other uses as well as the landscaping required and the conditions of previous conditional use permit approval that may not as yet have been complied with by the Y. Following discussion with staff clarifying the recommended landscaping requirements and noting that the dissenting individual's fequest fOf denial has some merit with regard to private competition for users, but that a weight facility at the Y has been in existence since the 1950's and the facility will probably always appear to be in competition with some private business, Commissioner Philpott moved to approve the conditional use permit as requested with the following conditions: Conditions: . 1. Plantings to be approved by the Planning Director and the City Engineer shall be made and maintained in the planting strip along East Third Street adjacent to the property. . . . Planning Commission Minutes - June 28. 1995 Page 3 2. Three additional parking spaces shall be provided, and the YMCA shall reach agreement with the. City to share the Erickson Playfield parking lot before final building permit approval and occupancy of the expanded weight room. and citing the following findings and conclusions: Findings: I. The request is to permit expansion of an existing weight room in the YMCA facility located at 302 S. Francis Street as proposed in Attachment A 2. A conditional use permit was approved for the existing use in 1984 (CUP 84(10)16) subject to the conditions and based on the findings listed below: Conditions 1. That the yards adjacent to Francis and East Third Streets be landscaped with lawn or other ground cover and shrubs next to the buildings, and a five-foot wide landscape buffer with mixed ornamental trees and shrn bs, having a mature height of not less than six feet, be planted along the west property line; 2. That five-foot wide sight-obscuring planting strips containing shrubs with a mature height of five feet be installed along the east and west sides of the off-street parking lot. Findings A. The YMCA facility is functionally related to the existing play field and park in this vicinity. B. The new addition will be more compatible with surrounding residential uses. C. The landscape buffering will reduce the visual and land use impacts on adjacent residences. 3. A parking variance from 61 required parking spaces to 40 spaces was granted in 1984 with the following conditions and citing the following findings: Conditions: 1. That the parking lot be designed to discourage use o/the 3/4 alley and encourage use of Francis Street and East Fourth Streets. 2. That the YMCA pursues an agreement with the City to use the Erickson Playfield parking lot. . . . Planning Commission Minutes. June 28, 1995 Page 4 Findinfs: A. The new parking lot will reduct traffic impacts currently generated by the YMCA. B. The landscape buffering in the parking lot will reduce the visual and land use impacts on adjacent residences. 4. The YMCA does not have a shared parking agreement with the City to use the Erickson Playfield parking lot. 5. In 1995. Conditional Use Permit No. CUP 95(03)03 was approved subject to the following conditions, and citing the following findings and conclusions: Condition: 1. There shall be no organized activities in the outdoor play area beyond 11 p.m. Findings: 1. The request is to permit expansion of the existing YMCA facility located at 302 S. Francis Street as proposed in Attachment A. 2. A conditional use permit was approvedfor the existing use in 1984 (CUP 84(10)16) subject to the conditions and based on the findings listed below: Conditions: 1. That the yards adjacent to Francis and East Third Streets be landscaped with lawn or other ground cover and shrubs next to the buildings, and afive-foot wide landscape buffer with mixed ornamental trees and shrubs, having a mature height of not less than sixfeet, be planted along the west property line; 2. That five-foot wide sight-obscuring planting strips containing shrubs with a mature height offivefeet be installed along the east and west sides of the off-street parking lot. Findinfs: A. The YMCA facility is functionally related to the existing play field and park in this vicinity. B. The-new addition will be more compatible with surrounding . . . Planning Commission Minutes. June 28, 1995 Page 5 residential uses. c. The landscape buffering will reduce the visual and land use impacts on adjacent residences. 3. The subject property is zoned RS-7. Land uses adjacent to the subject site are asfollows: To the north: To the south: To the east: Clallam County Veterans Center; single family residences and the site's parking lot; single family residences and Erickson Play field and parking area; and single family residences. To the west: 4. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Plan policies which have been identified as being most relevant to the proposal are contained in the staff report. 5. The proposed expansion is for the development of an outdoor play area for the purpose of day care sen,ices. 6. The proposed play area will reduce the existing landscaped yard area along Francis Street to a 20' by 20' vision triangle area adjacent to Francis Street and Third Street and two aproximately 2' by 15' planters along Francis Street. 7. The site and the surrounding area's Comprehensive Plan land use designations have not changed since the original approval. 8. The site and the surrounding area's zoning designations have not changed since the original approval. 9. The site and the surrounding area's existing land uses have not changed since the original approval 10. A Determination of Non-Significance was issuedfor the project on January 13, 1995. J J. The fenced play area provides an opportunity to better control unauthorized outdoor activity. Conclusions: A. The proposed expansion must be conditioned to be compatible with the adjacent low density residential uses. . . . Planning Commission Minutes - June 28. 1995 Page 6 B. The proposed expansion is in conflict with Condition # 1 of the original Conditional Use Permit {CUP 84(10)16}. C. Based on the evidence submitted, there are circumstances that justify reducing the previously approved conditions of approval for this use. D. As conditioned, the play area meets a portion of the community-wide need for youth and adult recreational opportunities. E. As conditioned, the conditional use permit takes into account the close proximity of the residence located on the east side of Francis Street and attempts to adequately mitigate any negative impacts from those residences. 6. In 1995, Variance No. V AR 95(03)03 was approved citing the following findings and conclusions: Findings: 1. The request is to reduce the required north side yard setback from 13 feet to one foot and to increase the allowable lot coverage from 36 percent to 38 percent in order to allow expansion of the existing weight room facility. 2. The property is designated as Low Density Residential in the City's Comprehensive Plan. 3. The property is zoned RS-7 (Residential, Single Family). 4. The proposed use is a conditionally permitted use in the RS-7 zone. 5. A 13 foot street side yard setback is required in the RS-7 zone. 6. The maximum allowable lot coverage in the RS-7 zone is 30 percent. 7. The proposed expansion of the existingfacility increases the lot coverage to 38% of the subject lot. 8. The City approved CUP 84(10) 16 which established Francis Street as the subject property's front Jot line. 9. The subject property is approximately 43,000 square feet in size with a width of approximately 280 feet and a depth of approximately 108 feet. 10. The majority of other RS-7 properties ill the vicinity are standard 50' wide and 140' deep Townsite lots. . . . Planning Commission Minutes -June 28.1995 Page 7 11. The property adjacent to the north and a portion of the property to the east of the subject property are non-residential uses. 12. Most of the other RS-l properties in the vicinity are surrounded by residential uses. 13. There are several other RS-l properties in the vicinity with structures encroaching into the required side yard setback. 14. There are a few other RS-7 properties in the vicinity that have lot coverage greater than the allowable 30% 15. No agency reviewing the application identified any potential adverse impact to the public health, safety, and welfare attributable to the issuance of the variance. 16. All decisions and orders of the Board shall be final and conclusive, unless, within ten days from the date of action, the original applicant or an adverse party makes application to the Superior Court of the County for a writ of certiorari, a writ of prohibition, or a writ of mandamus. 17. The site is bisected by the 3/4 Street alley. 18. In 1988, there was an adverse possession judgement against the subject site which resulted in the loss of approximately 1,120 square feet. Conclusions: A. Based on the staff report analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, the approval of the proposed variance would not be a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located B. Based on the staffreport analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, there is no special circumstance associated with the property which deprives the property owners of rights and privileges permitted to other properties in the vicinity and zone in which it is located. c. Based on the staff report analysis, public review and comment, the Board of Adjustment's discussion and deliberation, and the findings listed above, the proposed variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated . . . Planning Commission Minutes - June 28. 1995 Page 8 7. The subject property is zoned RS-7. Land uses adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: Clallam County Veteran's Center; Single family residences and the site's parking lot; Single family residences and Erickson Playfield and parking area; Single family residences. 8. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Pan policies which have been identified as being most relevant to the proposal are Land Use Goal B, and Policy C.l, and Goal I, and Utilities and Public Services Policies B.3, B.4, and C.6. 9. The proposed addition will reduce the existing landscaped yard area along East Third Street to one foot adjacent to East Third Street. 10. The site and the surrounding area's Comprehensive Plan land use designations have not changed since the original approval. 11. The site and the surrounding area's zoning designations have not changed since the original approval. 12. The site and the surrounding area's existing land uses have not changed since the original approval. 13. A Determination of Non Significance (DNS) was issued for the project on February 16, 1995. No appeal was received. Conclusions: A The proposed expansion can be conditioned to be compatible with the adjacent low density residential uses by plantings in the strip between the sidewalk and East Third Street and by the addition of three new parking spaces. B. While the proposed expansion is in conflict with Condition NO.1 of the original Conditional Use Permit [CUP84(10) 16], testimony and circumstances justify reducing the previous conditions of approval for this use. C. The CUP approval is consistent with the Comprehensive Plan and the intent of the RS-7 Zone. D. The CUP is in the public use and interest because it provides needed community seTVlces. Commissioner Campbell seconded the motion, which passed 5-0. . . . Planning Commission Minutes - June 28. 1995 Page 9 EXTENSION OF CONDITIONAL USE PERMIT - CUP 92(04)04 - BUDGET RENT A CAR. Northeast corner of the Front/Oak Street intersection: Request for extension of a permit to allow the continuation of an independent parking lot in the CBD, Central Business District. Planning Office Specialist Sue Roberds reviewed the Planning Department's report recommending the use be approved for extension for an additional one year period and responded to questions regarding the history of the use. Chair Nutter opened the public hearing. Jim Heckman, 111 East Front Street, stated that often other parking in the area is adequate. The additional lot is used only when other lots are full. An attendant is only on duty during those times when other Budget Rent A Car lots are full. Vehicles are then directed to the additional lot and an attendant assists in parking. Otherwise, parking is on an honor basis for the subject lot. There being no further testimony, Chair Nutter closed the public hearing. Commissioner Campbell moved to approve of the extension request with the following conditions: Conditions: I. The extension shall be for a one year period, until May, 1996. 2. A parking lot attendant shall be on-duty during those times when vehicles are being parked. Findings: 1. The Central Business District zone allows for independent parking lots as a conditional use. 2. The use of the property as a parking lot is non consumptive of the limited land in the Central Business District and can be converted to a higher use. 3. There are other independent parking lots in the vicinity. 4. The Victoria ferries generate the need for long-term off-street parking in the Downtown area. 5. The City's Parking Ordinance requires that parking lots providing required parking shall be paved with concrete, asphalt or other hard surface paving. The Ordinance does not contain standards for parking Jots not intended to provide required parking. . . . Planning Commission Minures - June 28. 1995 Page 10 6. The applicant has operated the parking lot at this location since the summer of 1990. 7. There have been no complaints with regard to the operation of the parking lot during the past five years of operation nor during the current publication and posting period. 8. In 1994, the Planning Department recommended the parking area be paved in accordance with the City's Parking Ordinance, No. 1588, as amended. 9. The Planning Department has expressed concern as to how long such a use may be considered temporary and therefore not be required to observe more permanent conditions. 10. On May 11, 1994, the Planning Commission approved extension of the conditional use permit with the provision that a parking attendant be on-site during times when vehicles are being parked but did not require the area to be paved at that time. Conclusions: A. As conditioned, the proposed use is compatible with the surrounding commercial uses and with the intent of the CBD zone. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the Comprehensive Plan Central Business District designation. Commissioner German seconded the motion and offered a friendly amendment that the extension be for a two year period. Staff explained that the reason for the recommendation of a one year renewal is due to the basis that this operation has maintained that it is a temporary use which has been allowed to exist with Jess than minimum standards because of that temporary nature. . Changes are being planned in the Downtown which could affect the parking lot situation and that was the basis the Commission has maintained one year renewals up to this point on this project. The maker of the motion concurred with the amendment. Commissioner Philpott noted that he was uncomfortable with two years as he concurred with staff, but would vote for a two year extension. On call for the questiont it passed 4-1. Chair Nutter voted in the negative as staff explained why a one year extension would be preferablet and her vote was in support of that recommendation. AMENDMENT TO THE CITY'S SUBDIVISION REGULATIONS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN: (Continued from June 14, 1995.) . . . Planning Commisslan Minutes - June 28, 1995 Page 11 Planner Sawyer requested that the item be continued to the July ]2, 1995, meeting of the Commission at Director Collins' request. Chair Nutter opened the continued public hearing. There being no one present to testify, Commissioner German moved to continue the item to the July 12, 1995, meeting. Commissioner Winters seconded the motion, which passed 5-0. FINAL PLAT - SEAMOUNT ESTATES V. Eighth and Evans Streets: Approval of a final plat creating seven residential lots in the RS-7, Residential Single Family District. (Continued from June 14, 1995.) Planning Office Specialist Sue Roberds reviewed the past action on the final plat approval. Commissioner Winters concurred with staff that he had reviewed the plat and found it to be in conformance with all of the Citis standards and conditions imposed during the preliminary approval. He therefore moved to instruct the Chair to sign the final mylar and forward a recommendation to the City Council that the Mayor should also be authorized to sign the final mylar. Findings 1. The approval is for a seven (7) lot subdivision as depicted on the final plat entitled It Seamount Estates VI and received on May 10, 1995; 2. The property is zoned RS-7, Residential Single Family. 3. The 1976 Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000 to 14,000 square foot lots. A number of Comprehensive Plan Policies have been identirfied as most relevant to the proposal including: Goals Nos. 1,3, & 5, Residential Policies Nos. 4, 5, 7 - 9, 11 & ]2, Circulation Policies Nos. 1, 2, 4, 7, 8, 10, 11 & 20, Urban Design Policies No.4, Community Facilities and Services Policy No.2, and Social Objectives Nos. 2 - 3, Circulation Objectives Nos. 1 - 2, and Land Use Objectives Nos. 1 - 6. 4. The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW (Subdivision). 5. The approval is conditioned so that the lots meet the dimension and area requirements of the RS-7 Zone. 6. The preliminary approval was conditioned to require street improvements be made to City standards. . . . Planning Commission Minutes. Jrme 18, 1995 Page 11 7. The application was conditioned to ensure adequate water, stonnwater and sewer facilities for the subdivision development. 8. A Determination of Non-Significance (DNS) was issued on June 15, 1993, for the proposal. . 9. None of the three abutting rights-of-way have been identified as school walking routes or arterial roadways. 10. The Port Angeles School District has planned and funded a new elementary school, which will be built within six years of this development. The nearest elementary school (Hamilton) has a capacity of379 students, but an enrollment of 625 students. 11. The applicant presented an alternative site plan with the cul-de-sac eliminated. 12. The subdivision has been redesigned to eliminate the half cul-de-sac. 13. Ten foot radius property corners have been provided on street intersections. 14. The preliminary plat was reconfigured as a result of testimony provided at the preliminary plat public hearing. The current submittal is consistent with direction given to the applicant's representative following the preliminary plat public hearing in 1993. 15. The final submittal was received on May 10, ]995, and was reviewed and approved by the City Light, Public Works, and Planning Departments for compliance with the preliminary plat conditions of approval per Section 16.08.040 of the Port Angeles Municipal Code (PAMC). 16. The Addendum attached to the Seamount Estates, Division V Protective Covenant, dated June 14, 1995, makes provision for maintenance of the storm water drainage system. 17. The Planning Commission reviewed and approved the final plat at a duly publicized public hearing conducted on June 14, 1995, per Section 16.08.040 of the P AMC. Conclusions: A The subdivision is consistent with the 1976 Port Angeles Comprehensive Plan, under which the application was made. B. As approved, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision Regulations. . . . Planning Commjssion Minutes - June 28. 1995 Page 13 c. Appropriate provisions have been made for the public health, safety, and general welfare i and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and safe walking conditions for pedestrians. D. The public interest is served in the platting of this subdivision. E. Development of this property at current densities is not found to be detrimental to the Port Angeles School District. F. The Planning Commission preferred the applicant's alternative site plan (preliminary submittal) with the half cul-de-sac eliminated. Commissioner Campbell seconded the motion, which passed 4-1, with Commissioner German abstaining as he had not participated in the public hearing for the final submittal. CONDITIONAL USE PERMIT - CUP 95(06)10 - CLALLAM COUNTY HOSTELRIES. 1132 Hazel Street: Request to allow an addition to a permitted group home use in the RS-7, Residential Single Family District. (Continued from June 14, 1995.) Senior Planner Dave Sawyer reviewed the Planning Department's report recommending approval of the conditional use permit and responded to Commissioner Campbell clarifying the requirement of condition No.4 for the construction of a drainage ditch along the easterly portion of the site to direct surface flows into the roadside ditch extension, as requested by the Public Works Department. The City is working on the completion of a stormwater plan which will allow the City to better deal with deficiencies in the stonnwater system that exist at present. Chair Nutter opened the public hearing. Jessica Schreiber, 3116 Greentree Lane, stated that the reason for the request to increase the floor area of the home is to provide a multi-purpose area which would also allow the residents an area for privacy with visitors and family members. The area will not be used to allow an increase in the residency, which is twelve residents. Although the group home proposal was initially seen as adversarial by the neighbors, during the past fourteen years in existence the concerns initially raised have been worked out and the home has existed as a very good neighbor for many years. When contacted about the proposed expansion, neighbors were very supportive. Ms. Schreiber indicated that the staff's proposed conditions of approval could be complied with. In response to Commissioner Campbell, Ms. Schreiber stated that the recent removal of trees which was a requirement of the original permit was an oversight. The intention is to fully restore the buffer area to a state acceptable to the City. . . . Planning Commission Minutes - June 28, 1995 Page 14 Tony Kapetan, 1114 Madrona, although not one hundred percent opposed to the proposal, stated specific concerns regarding the use and the proposed expansion. He did not agree that the use has been accepted by the neighborhood, and stated that the neighborhood feels it is useless to oppose the issue as the basic residential use is already approved. The entire site should be fenced. The expansion area should not be used as bedrooms. Fast growing trees should be planted in the replacement buffer area. In response to Commissioner Winters, Mr. Kapetan answered that he had not contacted the applicant with specific operational questions or concerns as he preferred to have the answers from City personnel. Mr. Kapetan elaborated further on his concerns and reasons why the group home property should be fenced. Jessica Schreiber explained further that the new room would be used fOf family gatherings and social activities for the residents. Staff meetings may occasionally be held in the room as well. The residence is a home, not an office. Staff is on-site twenty-four hours a day. Gary Gleason, 2211 East Seventh Street, noted that the property is fenced on the south. Most of the neighbors fenced their properties following the initial conditional use permit approval with one fence even being paid for by the group home administration in an effort to be good neighbors. . SusanTaylor, 1021 S. Cherry, is a supervisor at the residence. There have not been any incidents resulting from the use for many years, although in the beginning, there were some initial problems. The entire property is not fenced simply due to the expense and because there is no need as the residents are supervised when outside. In response to Commissionef Campbell, Ms. Taylor answered that the residents are developmentally disabled persons. The residents are not mentally disfunctional or violent. No referrals from the court system are taken. She was completely agreeable with the conditions of approval. Planner Sawyer noted that the original conditions of approval need to be complied with and any new conditions must be tied to the current requirement to add a multi-purpose room to the existing use. He clarified that a conditional use permit is not a variance of a zoning regulation but is a permitted use with conditions. Following further comment from Mr. Kapetan regarding the very justifiable need to fence the entire site, Chair Nutt~r closed the public hearing. Commissioner Winters moved to approve the conditional use permit as requested with the following conditions: . . . Planning Commission Minutes - June 28. 1995 Page 15 Conditions of Approval: I. The applicant shall .submit for approval to the Planning Department a detailed landscaping plan for the area included in the eastern and southern property line setback areas. Such plan shall include a variety of evergreen trees and shrubs sufficient to adequately provide a visual buffer for the adjacent residential properties. 2. The landscaping plan's improvements shall be installed by the applicant and approved by the Planning Department prior to final occupancy for the addition is approved by the City. 3. To avoid further cumulative impacts the existing roadside ditch along the south side of Hazel Street shall be extended westerly from its present terminus east of the site to the existing driveway presently serving the hostelry. 4. A ditch or other approved measure shall be constructed along the easterly portion of the site to direct surface flows into the roadside ditch extension. and citing the following findings and conclusions: Findings: Based on the information provided in the staff report including all of its attachments, comments and information presented during the public hearing, and Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The request is to permit the addition of an approximately 660 sq. ft. multi-purpose room to the existing group home facility located at 302 S. Francis Street as proposed in Attachment A 2. A conditional use permit was approved for the existing use in 1981 (CUP 81(01)01) subject to the conditions of approval listed below: 1. That 25100t setbacks be maintained adjacent to the Fairmount Avenue and Hazel Street rights-ol-way and at least 20 feet be maintainedfrom the south property line; 2. That the natural trees be retained to the maximum extent possible, and additional landscaping plan be submitted to the Planning Department; 3. That the sewer be extended/rom the SprncelHazel alley at Euclid Street to serve this site by gravity, or some other diversion, subject to the approval of the Public Works Department; . . . Planning Commis:ion Minutes - June 28. 1995 Page 16 4. That the Hazel Street, Fairmount Avenue and alley rights-of-way adjacent to the parcel be rededicated; 5. That the off-street parking area be improved as required by Ordinance No. 1588, as amended, and pursuant ta the site plan as submitted; 6. That na occupancy be permitted until the water problem has been solved 3. The subject property is zoned RS-7. Land uses adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: single family residences; single family residences; single family residences; and single family residences. 4. The Comprehensive Plan identifies the site as Low Density Residential. A Comprehensive Plan objective which has been identified as being most relevant to the proposal is contained in the staff report. 5. The proposed addition does not extend into any required setback area. 6. The site and the surrounding area's Comprehensive Plan land use designations have not changed since the original approval. 7. The site and the surrounding area's zoning designations have not changed since the original approval. 8. The site and the surrounding area's existing land uses have not changed since the original approval. 9. A Determination of Non-Significance was issued for the project on May 10, 1995. 10. The applicant has remained in compliance with conditions I and 3 through 6 of the original six conditions of approval. 11. All of the natural trees have been removed from the eastern property setback area and no other landscaping is in place. 12. The proposed addition is located on the eastern portion ofthe existing property. 13. A group home is a conditionally permitted use in the RS-7 Zone. Conclusions: A The proposed addition will not result in an increase in the number of residents . . . Planning Commission Minutes - June 28, 1995 Page 17 residing at the existing facility. B. As conditioned, the proposed addition is consistent with the City's Comprehensive Plan and Zoning Ordinance. C. As conditioned, the proposed addition is consistent with the facility's original conditional use permit CUP 81(01)01. D. As conditioned the proposed addition is consistent with and compatible with the purpose of the RS-7 zone. E. As conditioned the proposed addition is not contrary to the public use and interest. Commissioner King seconded the motion, which passed 5-0. Planner Sawyer explained the appeal process to the audience. COMMUNlCA TIONS FROM THE PUBLIC None STAFF REPORTS Planner Sawyer indicated the information placed on the dais concerning the County's adoption of the Port Angeles Regional Comprehensive Plan as well as copies of the City's Shoreline Master Plan and the Parks and Recreation Plan. Additionally, he noted the letter received from Larson Anthropological Archaeological Services at the request of the Lower Elwha S'Klallam Tribe indicating concurrence with the conditions of approval regarding the City's Waterfront Trail Shoreline Substantial Development Permit approved on June 14, 1995. REPORTS OF COMMISSION MEMBERS Commissionef Campbell thanked staff on behalf of the Commission for the follow-up with the Tribe concerning the Waterfront Trail SMA. Chair Nutter thanked the Commissioners for their extra efforts in attending the neighborhood meetings and felt that the turn out has been very good and the meetings productive thus far. Commissioner Winters indicated he would not be able to attend the final neighborhood meeting scheduled fOf July 26, as he would be out of town. . . . Planning Commission Minutes - June 28, 1995 Page 18 ADJOURNMENT The meeting adjourned at 10:00 p.'m. _~~.c Brad Collins, Secretary ~~9~ Lind Nutter, Chair './ PREPARED BY: S. 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