HomeMy WebLinkAboutMinutes 06/28/2000
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WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
June 28, 2000
I.
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of June 14, 2000.
IV. PUBLIC HEARINGS:
1.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-10
CRAB HOUSE RESTAURANT. 221 North Lincoln: A request to provide a
1460 square foot outdoor seating location within the shoreline area in association
with an existing restaurant use.
2. REZONE APPLICATION - REZ 00-03 - DEL GUZZI. 824 Georgiana Street:
Request for rezone of 7,000 square feet of property from RS-7, Residential Single
Family, to CO, Commercial Office.
3. CONDITIONAL USE PERMIT - CUP 00-04 - BEAUSOLEIL, 514 West
Eighth Street: A request for a conditional use pennit to establish a recycle use in
the eN, Commercial Neighborhood zone. (Continue to July 26,2000.)
V. OLD BUSINESS
1. 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.)
VI. COMMUNICA TIONS FROM THE PUBLIC
VII.
STAFF REPORTS
PLANNING COMMISSIONERS: Fred Hewins (Chair), Linda Nutter (Vice),Bob King, Fred Norton, Charles Schramm, Bob Philpott, Mary Craver
PLANNING STAFF: Brad Collins (planning Director), Sue Roberds (Planning Specialist)
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VIII.
REPORTS OF COMMISSION MEMBERS
IX.
ADJOURNMENT
PLANNING COMMISSIONERS: Fred Hewins {Chair,}, LindaNutter (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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PLANNING COMMISSION
MINUTES
Port Angeles, Washington 98362
June 28, 2000
7:00 p.m.
ROLL CALL
Members Present
Bob Philpott, Fred Norton, Fred Hewins,
Chuck Schramm
Members Excused:
Bob King; Mary Craver; Linda Nutter
Staff Present:
Brad Collins, Sue Roberds; Dan McKeen
Public Present:
Troy Woody, Gene Unger, Arnold Schouten
APPROVAL OF MINUTES
Commissioner Norton moved to approve the June 14,2000, meeting minutes. The
motion was seconded by Commissioner Schramm and passed 4 - O.
. PUBLIC HEARINGS:
Chair Hewins opened the public hearings and encouraged those present to sign in so they
could be recognized. He stated that persons who intend to provide testimony must sign in
and acknowledge that their testimony is truthful to the best of their knowledge.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-10
CRAB HOUSE RESTAURANT. 221 North Lincoln: A request to provide a 1460
square foot outdoor seating location within the shoreline area in association with an
existing restaurant use.
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the shoreline permit as proposed.
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Gene Unger, 1401 West Seventh Street, represented the application and presented a map
indicating that the proposed area was previously altered during construction of the
Mi]waukee Rai]road. The historical beach area is located fifty feet south of the current
location of Hollywood Beach which would mean the proposed decking would be at least
fifteen feet above ordinary high water and out ofthe area where artifacts would be potentially
found. Contact with a representative of the Lower E]wha Tribe confirmed that the Tribe does
not object to the proposed development. He will follow up with a letter from the Tribe to
that effect. Anne Shaffer, Department of Fish and Wildlife Biologist, confirmed that a
hydraulics permit would not be required for the project.
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Planning Commission Minutes
June 28. 2000
Page 2
In response to Commissioner Philpott, Mr. Unger responded that there would be no change
to the entrance of the restaurant. The patio area would be east of the entrance area about one
foot above the Waterfront Trail elevation.
Mr. Unger responded to Chair Hewins that no tinting or reflective material is proposed for
the windbreak surface. The drainage system has been designed to handle at least three times
the anticipated on-site drainage. No water will be discharged to the beach area. The
stonnlrunoffsystem has been designed to infiltrate the ground in the area of the patio. Only
filtered water will leave the site.
Mr. Collins noted that if the applicant is able to obtain a letter of agreement from the Lower
Elwha Klallam Tribe that an archaeologist is not needed, proposed condition #5 could be
eliminated as a condition of approval.
There being no further testimony, Chair Hewins closed the public hearing.
Mr. Unger confirmed at the request of Commissioner Schramm that it is likely the Rayonier
waterline would be in the abandoned railroad right-of-way not on the subject property.
Commissioner Philpott moved to approve the shoreline substantial development permit
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. A revegetation plan shall be approved by the City for the area between the patio and
the Waterfront Trail.
4. The applicant must obtain an administrative ESA approval per Chapter 15.20 of the
Port Angeles Municipal Code.
5.
lfthe subject site has not been previously inventoried, evaluated. and reviewed to the
satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by
a cultura] review team which shall include a professional archaeologist, a
representative of the Lower Elwha Klallam Tribe, the site owner, and the City
Planning Department. This team shall determine the extent of excavation monitoring
for the project during the permit review process. As an alternative, the applicant may
volunteer to have an approved archaeologist on site during any excavation in lieu of
a review by the aforementioned cultural team. If during an excavation that by
decision of the cultural review team occurs without an approved archaeologist on-
site, any phenomena of possible archaeological interest are uncovered, the developer
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Planning Commission Minutes
Jlme 28. 2000
Page 3
shall stop such work and provide for a site inspection and evaluation by a
professional archaeologist to ensure that all possible valuable archaeological data is
properly salvaged.
Findings:
Based on information provided in the June 28, 2000, staff report (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:
L The applicant is proposing to construct a 73-foot by 20-foot outdoor eating patio
attached to the north side of the existing restaurant and located south of the existing
trail which separates the restaurant from the beach.
2. The applicant, the Crabhouse Restaurant, applied for a Shoreline Substantial
Development Permit on May II, 2000. The application (Attachment B) was
determined complete on May 22,2000.
3. The project is adjacent to the City's east/west Waterfront Trail recreational corridor.
4.
Shoreline Master Program Chapter 4 Policy J3 specifically addresses the issue of
providing public access as close as possible to the water's edge without adversely
affecting a sensitive environment.
5. The project proposal includes collection of rainfall, filtration, and infiltration.
6. The proposed project is located within an area of 1 DO-year floods.
7. 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.
8. The Hollywood Beach area north of the Waterfront Trail is considered. an
environmentally sensitive area by the City's Environmentally Sensitive Areas
Ordinance.
9. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas
(ESA) Ordinance as a "beach and associated coastal drift process area."
10. An administrative ESA approval is required for this project.
11.
The subject site is designated Urban Harbor (UH) on the Port Ange]es Shoreline
Master Program Shoreline Environment Designation Map, within the margin
between Commercial (C) and Open Space (OS) on the Port Angeles Comprehensive
Plan Land Use Map, and Commercial Arterial (CA) on the Zoning Map.
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Planning Commission Minutes
June 28. 2000
Page 4
12.
Water-enjoyment commercial use is permitted in the Urban Harbor shoreline
environment designation, and a restaurant is permitted in the Comp Plan
Commercial land use designation and the CA Zone.
13. Goals, policies, and regulations of the Port Angeles Shoreline Master Program,
Comprehensive Plan, and Zoning Ordinance have been considered in review of the
proposal. The most relevant are provided in Attachment C and include the
following:
Port Angeles Shoreline Master Program:
Chapter 4 (General Policies and Regulations) B.2 and Regulations 1-8; C.l, 2, 4, 5, 7 and
Regulations 1-8; D.l and Regulations 1-12; J.1-3 and Regulations 1-12; K.1-6; L.1-4 and
Regulations 1-7; N.1-Z and Regu]ations 1-2; Chapter 5 (Environment Designations) Urban
Harbor (UH) Policies D.I-2, 4-6, 8-11 and Shoreline Use Matrices; Chapter 6 (Shoreline Use
Policies and Regulations) Commercial Development Policies 1,4-5 and Regulations 1-5;
Flood Hazard Management Policy 3 and Regulation 6; and Recreational Development
Policies F .2-4 and 6 and Regulations 1-7.
Comprehensive Plan:
Land Use Element Goal A, Policy A2, Goal D, Policy Dl, Goal E, Goal F, Policy Fl, Goal
I, Policies 12 and 14; Conservation E]ement Goal A, Policy AI, Goal B, Policies Bl and B9,
Objective B3, Goal D, Policies Dl, D5, and D7; Economic Development Element Goal B,
Policy Bl.
Zoning Code:
The Commercial Arterial (CA) Zone purpose reads "This is a commercial zone intended to
create and preserve areas for business se11Jing the entire City and needing an arterial access
location because of the nature of the business or intensity of traffic generated by the
business." Area and dimensional requirements ofthe CA Zone do not include any setbacks
for the proposed project. Design and landscape requirements provide, HAl/lighting on the
site shall be directed or shaded so as not to shine directly on adjoining noncommercial
property. "
14. The application materials were sent to the Department of Ecology (DOE), the
Washington State Department ofFish and Wildlife (WDFW), and the Lower Elwha
Klallam Triba] Council, and Army Corps of Engineers for review.
15. The comment period ran through June 23, 2000, and no comments were received.
16.
A Determination of Non Significance is expected to be issued by the City of Port
Angeles SEP A Responsible Official for the proposal on June 26, 2000, per WAC
197-11-355.
17. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
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Planning Commission Minutes
June 28. 2000
Page 5
ConcI usions:
Based on information provided in the June 28, 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. As conditioned, the proposal is consistent with the Citis Shoreline Master Program
specifically Chapter 4 (General Policies and Regulations) B.2 and Regulations 1-8;
C.1, 2, 4, 5, 7 and Regulations 1-8; D.I and Regulations 1-12; 1.1- 3 and Regulations
1-12; K.1-6; L.1-4 and Regulations 1-7; N.l-2 and Regulations 1-2; Chapter 5
(Environment Designations)Urban Harbor (UH) Policies D.1-2, 4-6, 8-11 and
Shoreline Use Matrices; Chapter 6 (Shoreline Use Policies and Regulations)
Commercial Development Policies 1, 4-5 and Regulations 1-5; Flood Hazard
Management Policy 3 and Regulation 6; and Recreational Development Policies
F.2-4 and 6 and Regulations 1-7.
B.
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 A2, Goal D,
Policy D], Goal E, Goal F, Policy F1, Goal I, Policies 12 and 14; Conservation
Element Goal A, Policy AI, Goal B, Policies Bl and B9, Objective B3, Goa] D,
Policies Dl, 05, and D7; Economic Development E]ement Goal B, Policy B1.
C. The proposal is in compliance with the City's Commercial Arterial Zone ofthe City's
Zoning Ordinance.
D. Because the patio is separated from the water's edge by the City's asphalt trail and
the sand covered beach, surface water runoff should not significantly affect the water
quality of Port Angeles Harbor.
E. The patio area should not directly affect the near shore marine habitat along
Hollywood Beach.
F. The proposed project is located in a previously altered area separated from the beach
by the asphalt trail and, therefore, will not impair the natural coastal drift processes.
G. The minimal improvement of the patio in a developed floodplain area should pose
less of a problem than an expansion of the restaurant building into the same area.
H. The public's access to and enjoyment of the shoreline area will be expanded by the
proposal.
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The outdoor atmosphere of the restaurant patio should provide additional space
similar to the picnic areas for people to sit and enjoy the scenic area.
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Planning Commission Minutes
June 28. 2000
page 6
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The urban waterfront in the downtown should be made friendlier to people by the
provision of water-enjoyment activities.
The motion was seconded by Commissioner Norton and passed 4 - o.
REZONE APPLICATION - REZ 00-03 - DEL GUZZI. 824 Georgiana Street:
Request forrezone of 7,000 square feet of property from RS-7, Residential Single
Family, to CO, Commercial Office.
Planning Specialist Sue Roberds reviewed the Planning Department's staff report
recommending approval of the rezone as proposed and answered questions with regard to
uses permitted in the Commercial Office zone. Chair Hewins opened the public hearing.
Arnold Schouten, 833 East Front Street, agreed with staffs analysis and was present for
questions. He has been leasing the property across the alley from the location for the past
eighteen years and has been operating the building supply use thereon. In order to grow and
continue to serve the community it is necessary to provide additional parking. It is also
apparent that a parking situation exists in the neighborhood that is less than satisfactory
partially due to the building supply business. The proposal then would alleve some of that
parking impact. He acknowledged that he is aware that if the property is rezoned he would
not be required to follow through with his plans and that any use permitted in the
Commercial Office zone would be allowed on the property.
There being no further testimony, Chair Hewins closed the public hearing.
Following brief discussion, Commissioner Philpott moved to recommend approval ofthe
rezone as proposed citing the following findings and conclusions in support of that
action:
Findings:
1. The applicant, Lisa Del Guzzi, is requesting a rezone of Lot 4, B]ock 38, Norman R.
Smith's Subdivision to Port Angeles from RS-7, Residential Single Family, to CO,
Commercial Office.
2. The site is 50' x 140' in size (7,000 square feet in area) and contains a single family
residence.
3. The purpose of the rezone is to facilitate the development ofthe property as a parking
lot to accommodate excess parking generated by an adjacent building supply use.
The applicant owns the property where the building supply use exists.
4.
The submitted application including a map of the subject area is attached as
Attachment B to the June 28, 2000, Planning Department Report.
5. The City's Comprehensive plan designates the property as Commercial (C). The site
is located in the northernmost portion of the City's North Central Planning area. The
Planning Commission Minllles
June 28. 2000
page 7
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Olympic Medical Center's Northwest Kidney Center is being developed across
Georgiana Street from the site, with various medical uses located in the direct
vicinity as well as the Olympic Medical Center's main campus being two blocks
northeast of the site. Residential single-family residences are scattered between the
medical uses with the Hartnagel Building Supply use directly south across the
GeorgianalFront Street alley.
6.
Land Use Element Policies Al and A2 establish the need for all decisions to be
consistent with the Comprehensive Plan Land Use Map and policies. Policy E3
requires commercial development to buffer its impact to residential properties.
7.
Properties to the north and east are zoned CO and are developed primarily as medical
office uses within a one to two block distance from the site. Property to the south is
zoned Commercial Arterial (CA) and is developed as commercial retail uses.
Property to the west is zoned Residential Single Family (RS-7) and is developed with
single family residences. The subject site, if rezoned, would define the boundary
between commercial office uses and residential uses west ofthe site and north of the
GeorgianalFront Street alley.
8.
Approximately one half of the lots in the 800 block of Georgiana Street are zoned
Commercial Office. On the north side of Georgiana Street, the CO
zone extends an additional three lots to the west of the subject lot. To the east, Lot
3 in Block 38, Nonnan R. Smith's Subdivision, was rezoned in March, 2000 from
RS-7 to CO, following which a conditional use permit was approved for a parking
lot.
9.
The Commercial Office zone requires that a landscape buffer be provided along a
property line that abuts a residential zoned property. Such buffer must consist of
three (3') feet of landscaping with a three to six (3' to 6') foot high vision obscuring
fence or other solid landscaping materia] at minimum. Any proposed lighting on the
site must be directed away from adjacent residences.
10.
The Fire and Public Works Departments have indicated that they have no objections
to the rezone.
11.
The SEP A Responsible Official issued a Determination of Non significance (#915)
for the proposal on June 22, 2000.
12.
The public comment period for this application ran from June 5, 2000, to June 20,
2000. No written comments were received during that time period. However, a
phone call from the neighbor directly to the west of the site (818 Georgiana)
indicated approval of the proposal.
13. The applicant cited a critically short supply of off-street parking for various medical
uses and commercial activity in the area and intends to alleviate some of that
congestion for the neighbors with the development.
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Plunning Commission Minutes
JUlie 28. 2000
page 8
Conclusions:
K. The Comprehensive Plan's Land Use Element Policies A 1-2 and E3 directly relate
to the proposed rezone.
L. The rezone complies with the City's Comprehensive Plan, specifically Land Use
Element Policies AI, A2, and E3.
M. The proposed rezone is compatible with surrounding land uses and Zoning Ordinance
designations.
N. If developed as proposed, the rezone can reduce the impact of the adjacent medica]
office on neighboring properties by providing needed off-street parking and required
landscape buffering.
O. The proposed rezone is justified by a change in circumstances since there have been
similar zoning changes in the vicinity which the subject property is located.
P. The rezone is in the public interest.
The motion was seconded by Commissioner Norton and passed 4 - O.
CONDITIONAL USE PERMIT - CUP 00-04 - BEAUSOLEIL, 514 West Eighth
Street: A request for a conditional use permit to establish a recycle use in the CN,
Commercial Neighborhood zone. (Continue to July 26, 2000.)
Director Collins asked that the item be continued to the July 26,2000, regular meeting.
Chair Hewins opened the public hearing. There being no one to speak to the issue,
Commissioner Philpott moved to continue the public hearing to July 26, 2000, 7 p.m.,
or as soon thereafter as possible. Commissioner Schramm seconded the motion which
passed 4 - O.
OLD BUSINESS
MUNICIPAL CODE AMENDMENT MCA 00-02 ADULT
ENTERTAINMENT BUSINESSES City wide: Consideration of adoption of
regulations regarding adult entertainment business within the City limits. (Continued
from June 14, 2000.)
Planning Director Collins reviewed a revised staff report intended to supercede earlier staff
reports. He noted that revisions to the regulations in the June 28th staff report included those
changes directed by the Planning Commission following the June 14, 2000, public hearing.
Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 9
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The Planning Department is recommending a 500-foot distance separation at this time which
would allow for at least 32 possible sites City wide. If a 30Q-foot separation were used,
approximately 50 sites would be available, 500 feet allows for 32 sites, and 1000 feet would
restrict the activities substantially and limit sites to one location. He provided maps to show
the method of identification of possible sites and where those sites exist.
Director Collins responded to Commissioner Schramm that he had not thoroughly analyzed
the impact on properties located south of Edgewood Drive that are situated in the County and
are zoned industrial. However, analysis of the 32 possible sites under the current
recommendation took into consideration the County's adjacent zoning. With regard to the
total land area of the City that is zoned industrial, he believed a substantial portion of the
City's acreage is zoned industrial, somewhere between 10% and 20%. He did not
specifically know what the total acreage would be in the 32 possible sites.
Commissioner Schramm noted that because the County's zoning along Edgewood Drive is
Industrial, no separation would be required between possible locations within the City's
Industrial property north of Edgewood Drive and those uses. Director Collins responded that
he did not identifY any sites along Edgewood Drive. The County zoning in that area has
changed to allow both residential and industria] uses. It is difficult to identify the separation.
If there is a separation it is likely to be on the County's side rather the City's.
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Commissioner Norton moved to recommend approval of the Municipal Code
Amendment citing the following findings and conclusions:
Findings:
Based on the infonnation provided in the Planning Department Staff Report for MCA 00-02
dated June 28, 2000, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, the City of Port Ange]es Planning Commission hereby finds that:
1. The applicant City of Port Angeles proposed a Municipal Code Amendment to
change the City's zoning regulations regarding adult entertainment businesses.
2. The City of Port Ange]es first adopted zoning and business license regulations
pertaining to adult entertainment businesses in 1988.
3.
The application proposes to amend Port Angeles Municipal Code Chapters 3.70,
5.50, and 17.25 and Sections 17.30.020, 17.32.020, and 17.34.020 and to eliminate
the necessity of conditional use permit approval for every adult entertainment
business.
The following Comprehensive Plan Policies are most relevant to the proposed
amendment:
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 10
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Land Use Element Goal "A" To guide current and future development within the
City in a manner that provides certainty to its citizens about the future land use and
the flexibility to meet the challenges and opportunities of the future.
Lalld Use Element Policy "A1" The Comprehensive Plan Land Use Map should be
used as a conceptual guide for determining current and long range zoning and other
land use decisions. The map's land use designations are intended to show areas
where general land use types are allowed. The area between land use designations
should be considered an imprecise margin in order to provide flexibility in
determining the boundary of such areas. When determining appropriate zoning
designations for an area near a margin, the goals, policies and objectives of the
Land Use Element should take precedence.
Land Use Element Objective "A1" The City will review and revise as necessary the
existing Zoning Ordinance, Zoning Map, and other development regulations to
ensure consistency with the Comprehensive Plan.
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Land Use Element Goal "B" To have a community where residential development
and use of the land are done in a manner that is compatible with the environment,
the characteristics of the use and the users, and the desired urban design of the City.
Land Use Element Goal "c" To have a community of viable districts and
neighborhoods with a variety of residential opportunities for personal interaction,
fulfillment and enjoyment, attractive to people of all ages, characteristics and
interests.
Land Use Element Policy "C1" Residential land should be developed on the district
and neighborhood concept. Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be composed
of residential uses of varying densities which may be augmented by subordinate and
compatible uses. Single family and multi-family homes, parks and open-spaces,
schools, churches, day care and residential services, home occupations, and district
shopping areas are all legitimate components of district development and
enhancement. A neighborhood should be primarily composed of low, medium, or
high density housing.
Land Use Element Goal "E" To provide shopping opportunities which meet the
needs of all City residents and visitors in safe, usable shopping areas that are
compatible with the surrounding area and uses, the environment, and the desired
urban design of the City.
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Land Use Element Policy "E3" Commercial development should buffer its impacts
on adjacent residential uses. Where commercial development is adjacent to
residential uses, the commercial development should incorporate elements in the site
design to soften the impacts on the residential uses.
Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 11
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Land Use Element Goal "F" To provide a pleasant, safe, and attractive shopping
environment in the traditional downtown waterfront area which provides a wide
variety of shopping, dining, entertainment, and housing opportunities for visitors and
residents alike.
Land Use Element Policy "F3" Residential uses should be encouraged for the
downtown area as part of a mixed-use development concept.
Land Use Element Goal "H" To provide opportunities for industrial development
in a manner which efficiently uses the community's various attributes and natural
resources, has minimal impact on the environment, and contributes to the City's
quality of life.
Land Use Element Policy "H3" Industrial areas should buffer their impact to
mitigate nuisance and hazardous characteristics such as noise, particulate matter
in the air, water or odor pollution or objectionable visual material.
Land Use Element Policy "H4" Industrial activity should be located in two major
areas: adjacent to the harbor and around the airport.
Economic Development Element Policy "A3" The City should promote in the
traditional downtown retail, dining, and entertainment oriented activities that are
attractive to both tourists and local residents.
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5.
The City's land use and economic development policies taken as a whole are
intended to protect residential areas from uses that are incompatible with the
characteristics of the users, namely families, to provide a safe shopping environment
that is attractive and compatible with the surrounding area and uses and the desired
urban design of the City, and to provide opportunities for industrial development that
has minimal impact on the environment and contributes to the City's quality oflife.
6. The intent of the proposed amendments are to separate family-oriented and adult-
oriented uses, to provide safe shopping areas, and to provide employment areas that
buffer uses with nuisance and hazardous characteristics from residential and other
family-oriented uses.
7. A Determination of NonSignificance was issued for this proposal on August 18,
1999.
8. The City received no written public comments on this proposed Municipal Code
Amendment MeA 00-02.
9.
Based on mapping analysis for 1000-foot, SOD-foot, and 300-foot separation
requirements, the amendments which staff proposes would result in approximately
thirty-two (32) currently available sites at three (3) different genera] locations for
adult entertainment businesses as shown on Exhibit 1 zoning maps.
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10. The City officials on the Planning Commission and City Council have reviewed two
volumes of studies and experiences in other cities and states identifying detrimental
Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 12
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secondary effects of adult entertainment businesses, including the Cities of Olympia,
Bellevue, and Kent, Washington; Kansas City, Missouri; Austin, Texas; and the State
of Minnesota studies listed in Exhibit 2.
Concl usions:
Based on the information provided in the Planning Department Staff Report for MCA 00-02
dated June 28, 2000, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed findings, the City of Port Angeles Planning Commission
hereby concludes that:
I. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan including but not limited to Land Use Element Goals A, B,
C, E, and F, Policies AI, CI, E3, and F3, and Objective AI, and Economic
Development Element Policy A3.
2.
Based on studies of detrimental secondary effects associated with adult entertainment
businesses, the City has determined that there are such effects that can be reduced
through the adoption of specific zoning and business license regulations that are
narrowly tailored to alleviate these harmful effects to public health, safety, and
welfare.
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3. The proposed amendments would make the City's Zoning Code and Business
License Regulations consistent with court cases that limit how adult entertainment
businesses may be regulated and consistent with constitutional rights of expression.
4. The proposed amendments will meet the legal tests for local ordinance regulation of
adult entertainment businesses.
5. The proposed zoning and business license regulations are content neutral and are
simple time, place, and manner regulations.
6. The proposed adult entertainment business regulations are narrowly tailored to
separate and buffer such uses that are shown by secondary effects studies to expose
the general public including minors to a greater than normal number of incidents of
criminal activities, which the City has a substantial government interest in policing
and which are unrelated to the suppression of speech.
7.
The proposed regulations do not unreasonably limit alternative avenues of
communication and specifically provide a substantial number of sites at several
locations throughout the City where adult entertainment businesses can take place.
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8.
The proposed amendments adequately separate and buffer adult-oriented uses from
family-oriented uses and allow for reasonable enforcement of zoning regulations in
the protection of public health, safety, and welfare.
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 13
9.
The proposed amendments are in the public use and interest.
The motion was seconded by Commissioner Schramm and passed 4 - O.
COMMUNICATIONS FROM THE PUBLIC
None.
ST AFF REPORTS
Staff noted that there should be no meeting on July 12,2000, which will give everyone some
time off. The Planning Commission concurred.
A new Associate Planner has been hired. Debra Barnes will be joining the Planning staff on
August 14. Debra currently is employed by the Clallam County Department of Community
Development.
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott indicated that he would not be able to attend meetings in August.
ADJOURNMENT
The meeting adjourned at 8:45 p.m.
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B ad Colhns, Secretary
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Fred Hewins, Chair
PREPARED BY: S. Roberds
· FORTANGEL.ES
WAS H I N G TON, U. S. A.
PLEASB SIGN IN
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
Meeting Agenda Of=t;:: ctf ..d a::n
PLEASE NOTE: IE you plan to testify, by signature below, y u cerlify ~aJ tire ~stimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Signature below does not REQUIRE you to testify - it only acknowledges your presence.
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