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Minutes 07/13/1994 . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 July 13, 1994 7:00 P.M. I. CALL TO ORDER II. ROLL CALL ill. APPROVAL OF MINUTES: Regular Meeting of June 8~ 1994 and Special Meeting of June 15, 1994. IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVEWPMENT PERMIT - SMA 94(07)143 - PORT OF PORT ANGELES. 115 Railroad Avenue: Request for approval of a permit to allow construction of a 770 sq.ft. deck and an exterior stairway for an outdoor dining area at the Downrigger's Restaurant, in the CBD, Central Business District. 2. REZONE REOUEST - REZ 94(07)03 - CADWELL. between Ennis and Liberty Streets: Proposal to rezone property zoned ACD, Arterial Commercial, to RS-7, Residential Single-Family. 3. ZONING CODE AMENDMENT - ZCA 94(07)04 - CITY OF PORT ANGELES. Various Zoning Code Amendments: Proposal to amend the City's zoning regulations to allow microbreweries as a conditional use in the CBD and ACD Districts and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to create provisions which specify the authority for use of zoning lot covenants. V. APPEAL OF ADMINISTRATIVE DECISION: 1. Blore Boundary Line Adjustment Appeal: Appeal of a decision of denial of a boundary line adjustment. VI. COMMlJNICA TIONS FROM THE PUBLIC: Members: Orville Campbell, Vice Chair, Bob Winters, Cindy Souders, Bob Philpott, Linda Nuller and Tim German. Planning Staff: Brad Collins, Director; John Jimerson, Associate Planner; Sue Roberds, Office Specialist, David Sawyer, Sr. Planner. . . .. Vll. ELECTION OF NEW OmCERS vm. STAFF REPORTS IX. REPORTS OF COMMISSION MEMBERS: x. 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 (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to Ihe Board, not the City Staff representatives present, unless directed to do so by the Chairman. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 13, 1994 7:00 p.m. CALL TO ORDER Vice Chair Campbell called the meeting to order at 7:04 p.m. ROLL CALL Commissioners Present: Bob Philpott, OlVille Campbell, Linda Nutter, Tim German and Bob Winters. Commissioners Excused: Cindy Souders Staff Present: John Jimerson and Sue Roberds Public Present: Jeff Drabing, Kenneth Sweeney, Pat Davis, Mr. and Mrs. Cadwell, Margo Hansen, Rob Linkletter and Ken Simpson. . APPROVAL OF MINUTES Commissioner Philpott moved to approve the minutes of the special June 15, 1994, Planning Commission meeting with the addition of "Tom McKeown" to those public listed as present. Commissioner Nutter seconded the motion, which passed 5 - 0, with Commissioner Winters abstaining. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVEWPl\ffiNT PERMIT - SMA 94(07)143 - PORT OF PORT ANGELES. 115 Railroad A venue: Request for approval of a permit to allow construction of a 770 sq. ft. deck and an exterior stairway for an outdoor dining area at the Downrigger's Restaurant, in the CBD, Central Business District. . John Jimerson reviewed the Department Report and answered questions from the Commission clarifying staff's recommendation for denial. Responding to additional questions, Mr. Jimerson stated that he could not recommend approval as the proposal is in conflict with the regulations of the current Shoreline Master Program which prohibits new over-water commercial construction. The City's new draft Shoreline Master Program, which has not been adopted to date, does not specifically exclude such a proposal. Vice Chair Campbell opened the public hearing. PLANNING COMMISSION MINUTES July 13, ]994 PAGE 2 . Pat Davis, Downrigger's Restaurant, 115 East Railroad Avenue, was present for questions. He would like to open the addition in April, 1995. Mr. Davis responded to Commissioner German that he would have no problem with an extension of the permit application action until after the new Shoreline Master Program (SMP) is adopted which would not prevent the proposed development. Ken Sweeney, Port of Port Angeles, 338 west First Street, stated that the Port is the applicant for this project. The project is fairly non-controversial. When the County wrote the County's Shoreline Master Program, which the City later adopted, the prohibition was intended to prevent large projects such as the Edgewater Inn in Seattle from blocking visual and physical access to the water. The proposed addition is very small and will not affect access to the water. An architectural elevation was displayed for the Commission's information and for further explanation. There is substantial public access in and around the deck, allowing the public the opportunity to enjoy the water. The County has amended their Shoreline Master Program removing the prohibition against over-water construction. However, the City did not adopt the changes. There is a policy in the proposed SMP which allows for over-water commercial construction if the use is water oriented. He asked that the Commission find some way around the prohibition that would allow the development. . Commissioner Winters asked for clarification of the location of the deck as it relates to mean higher high water and mean lower low water. He asked if criteria exists that determines whether that is to be determined at mean tide, mean lower low water, or high tide. Mr. Jimerson answered that the standard is that the criteria indicates high tide. Mr. Sweeney responded that the deck extends over-water at mean higher high tide. At mean lower low tide it would be completely clear of the water. Vice Chair Campbell asked if the applicant could wait until the City's draft SMP is adopted. Mr. Sweeney answered that due to construction delays, work is not proceeding in such a manner to allow opening this summer. Therefore, there would be no construction on this project until early next year at this point. For the applicant's and Commission's information, Mr. Jimerson noted that he had not reviewed the project in light of the entire proposed draft SMP. He therefore cautioned that it is possible that there may be other provisions which would provide an additional hurdle for approval. There are no guarantees staff could recommend approval at a later date after the new SMP is adopted. Jeff Drabing, 717 South Peabody Street, encouraged the Planning Commission to approve the permit as it would provide an attractive dining area for the waterfront. . Vice Chair Campbell closed the public hearing. He opined that it is unfortunate that the SMP has not been revised/updated before this time. This is a very unfortunate situation, but we need to look closely at the regulations which are in place. The new Program needs to be reviewed carefully to assure that these types of roadblocks do not exist in the future. . . . PLANNING COMMISSION MINUTES July 13, 1994 PAGE 3 Commissioner German asked about the mechanics of final approval at the State level of the draft SMP. He asked if there are exceptions. Mr. Jimerson answered that until the Program is adopted by the State, the current regulations remain in place. There are no exceptions to the rule. Commissioner Philpott agreed that this is an unfortunate situation. He was in favor of a recommendation to approve the permit as it is applied for, going around the restrictions, although he is aware that those restrictions should be complied with. Commissioner Winters asked Mr. Jimerson to confirm that the Commission has no flexibility in a recommendation of approval outside the Shoreline Master Program regulations. Mr. Jimerson answered that that is his understanding. The applicant has argued that the intent of the provision is being met with the amount of public access afforded by the proposal. If the City considers that an overriding consideration and approves the permit, without any appeals or objections, the permit would stand. The permit will be reviewed by the State Department of Ecology if appealed. Commissioner Winters moved to recommend approval of the shoreline substantial development permit citing the following fmdings and conclusions: Findines: 1. The request is for approval of a 770 square foot deck and an exterior stairway to the north end of the Landing Terminal, to allow for outdoor dining at Downrigger's Restaurant. 2. The proposed deck projects eleven feet from the building but is not over- water at mean low tide. 3. At the ordinary high water mark the proposed deck will be over-water by a vertical distance of twenty-one feet. 4. The Shoreline Master Program identifies the site as Urban, and the following regulations have been found to be the most relevant: General Regulations C.!, 2, 6 & 7; and Use ActivitiesF.1.a., c & e. 5. Use Activity F.1.e prohibits over water construction of commercial facilities in the urban environment unless the commercial facility is in direct support of a water dependent use. 6. The deck would be constructed to provide outdoor dining for a restaurant, which is a water-enjoyment use. 7. The deck would result is a minor addition to an existing building which would allow continued public views of the harbor from the restaurant and would not block public views from other perspectives. 8. The deck would be directly above a riprap revetment. . . . PLANNING COMMISSION MINUTES July 13. 1994 PAGE 4 9. According to the most recent analysis, required parking for the Landing TenWnal under the interim parking ordinance is 90 spaces. The deck addition would require an additional four spaces. There are 103 spaces provided. 10. The site is zoned CBD and designated Central Business District in the Comprehensive Plan. 11. The Port of Port Angeles, acting as lead agency, issued a Determination of Non-Significance for the project on April 27, 1994. 12. At low tide, the proposed deck is not over-water. 13. Substantial public access already exists on-site and in the vicinity. 14. The provision prohibiting over-water commercial construction has been eliminated in the ClaUam County Shoreline Master Program and is under consideration for elimination in the City of Port Angeles draft Shoreline Master Program. 15. Testimony indicated that the prohibition of over-water commercial construction in large part arose out of much larger projects that would result in substantial detrimental effects to the public's access to the water. Conclusions: A. The proposal is consistent with the intent of the Port Angeles Shoreline Master Program. B. The restaurant use is consistent with the Central Business District designations of the site in the Zoning Ordinance and Comprehensive Plan. C. The proposal will not be detrimental to the shoreline. It will not alter the navigational patterns in the Harbor, nor will it adversely affect the natural environment of the shoreline. D. The intent of the Shoreline Management Act to preserve the water for public access and navigation is not harmed by the proposed development. COmnllssioner_Philpottsecondedthe motion.c In speaking to the motion, Commissioner Winters stated that since there is no definition in the current SMP at what tidal stage over-water projection is measured from, there is flexibility in the interpretation that this is an over-water projection. It could be argued that the proposal does not impact navigation or the shoreline habitat. Our local regulations are not conclusive as written. Mr. Jimerson cautioned that the Commission that over-water is a State principle as opposed to being a principle of the local Master Program. Commissioner Nutter stated that although she endorsed the intent of the motion to allow PLANNING COMMISSION MINUTES July 13. 1994 PAGE 5 . the permit and agreed that the proposal does not appear to be detrimental to the shoreline, she felt very uncomfortable approving the permit in the face of a clear regulatory prohibition in the current SMP. She did not believe this is a small technicality. She preferred a continuation of the hearing until such time as the prohibition is removed from the local regulations. Commissioner Winters argued that a delay would serve no purpose. The proposal is not impactive. He was concerned that hold-ups at the State level in approval of the new SMP could cause extensive delays in this proposal. He respected the opinion expressed by Commissioner Nutter, but felt this is a non-impactive proposal. Commissioner German spoke in favor of the motion stating that if the approval is challenged by the State, the SMP should have been approved at that time or at least substantially underway, and it may not be an issue anymore due to the revisions in the Program. The question was called for and passed unanimously. Staff informed those present that this issue would be on the August 2, 1994, City Council Agenda. . REZONE REOUEST - REZ 94(07)03 - CADWELL. between Ennis and Liberty Streets: Proposal to rezone property zoned ACD, Arterial Commercial, to RS-7, Residential Single-Family. Commissioner Nutter noted that she knows two families in this immediate area but felt that she could act in a fair manner on this issue. Vice-Chair Campbell also noted that he had met Mr. Linkletter, a party in the rezone issue, but did not discuss any specifics of the proposal. Mr. German explained that he had employed Mr. Linkletter, but could act fairly on this issue. No one objected to any of these three Commissioners remaining to act on the issue. John Jimerson reviewed the Department Report. Vice-Chair opened the public hearing. Dorothy Cadwell, 1308 East First Street, was present to answer questions. She responded to Commissioner Winters that the reasons which prompted her request for a rezone were that due to the topography, a rise to approximately forty feet above the street, and access problems of the site coupled with the fact that the site is developed with a small residence, the site is unsuitable for commercial use. The area is accessed by a small alley. The.residentiaLzoning classification would permit. expansion of the existing residential structures in the proposed area, whereas at present the commercial zoning does not allow for any expansion of those mainly small residential uses. She stated that she does not object to the Linkletter property being excluded from the rezone request. . Margo Hansen, Sea Ridge Realty, 1036 East First Street, encouraged rezone of the property in question. There is no inadequate exposure to the arterial corridor on First Street due to the rise of approximately forty feet to the level building surface, which is accessed from a narrow alleyway. The usage is very restricted. There is no parking potential. The specific block does not lend itself to Arterial Commercial zoning. PLANNING COMMISSION MINUTES July 13, 1994 PAGE 6 . Rob Linkletter, 1324 East First Streett stated that he was originally in favor of the rezone, but now requests that his single lot be eliminated from the proposal. He had no objection to the remainder of the rezone proposal. Mr. Linkletter's residence has housed a home business since 1989. Some devaluation may occur due to the rezone due to the more restrictive RS-7, Residential Single-Family zoning designation be requested. He is aware that there is a more restrictive setback for commercial properties which are adjacent to residential properties. Ken Simpson, 116 South Ennis, resides at the most easterly edge of the rezone area. He also asked that his property be excluded from the rezone area. He spoke in favor of the remainder of the proposed area being rezoned as requested. There being no further discussion, Vice-Chair Campbell closed the public hearing. Following brief discussion, Commissioner Winters moved to approve the rezone as requested with the exclusion of the east 200 feet of the proposed rezone area as requested by those property ownerst citing the following f"mdings and conclusions: Findin2S: 1. The request is to rezone the half block located between First Street and the 112 alley and between Liberty and Ennis Streets Liberty and Ennis Streets from ACD to RS-7. The approval excludes the east 150 feet of that property (Lots A & B, SHP No. 78-6-19 and Tax Llt 675). . 2. The site is identified as auto commercial in the Comprehensive Plan. The following goals, policies and objectives have been identified as being most relevant to the proposal: Goals Nos. 1,2, 3 & 5; Residential Policies Nos. 4, 5 & 11; Commercial Policies Nos. It 2t 3 & 7; Social Objective No.2; Economic Objective No.1; Land Use Objectives Nos. 1 & 2. 3. A Determination of Non-Significance was issued for the rezone on June 24, 1994. 4. There are seven single family residences and one tavern on the area under consideration. The residences are non-conforming uses, but will become conforming with the rezone approval. The tavern is conforming, but would become non-conforming with the rezone approval. 5.. The propertyhas-been_zoned commercial since at least 1972, but none of the homes have been converted to commercial uses. 6. The site fronts on First Streett one of the heaviest travelled roads in the City. sloping hillside separates the lots from First Street. . 7. The site is adjacent and in close proximity to other single family homes and RS-7 zoned property. 8. The tavern site is located primarily at the same level as First: Street. It is ilL" . . . PLANNING COMMISSION MINUTES July 13. 1994 PAGE 7 shaped, with the southern portion of the lot on the bluff. The two legs of the lot are narrow, one being 50 feet wide, the other 45 feet wide. 9. The ACD zone requires a 15 foot setback from residentially zoned properties. Conclusions: A. As approved, the rezone is in the public use and interest and is compatible with the surrounding neighborhood. Maintaining the tavern site as ACD is compatible with the commercial nature of First Street. B. As approved, the rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No.2. The site is identified as auto commercial and urban residential land use designations. C. Circumstances have changed since the property was zoned ACD. At least 22 years have passed without any commercial development occurring on the home sites despite the commercial zoning. Commissioner Gennan seconded the motion, which passed unanimously. ZONING CODE AMENDMENT - ZCA 94{07l04 - CITY OF PORT ANGELES. Various Zoning Code Amendments: Proposal to amend the City's zoning regulations to allow microbreweries as a conditional use in the CBD and ACD Districts and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to create provisions which specify the authority for use of zoning lot covenants. John Jimerson reviewed the Department Report and explained the diagrams prepared to portray points outlined in the staff report concerning the proposal to include provisions and restrictions for zoning lot covenant regulations to the City's Municipal Code. Over time zoning lot covenants have been used to subvert platting provisions although the original intent of zoning lot covenants was to provide relief for irregular lot situations. Unfortunately, circumstances have occurred where the use of the covenant has been misused such that it may be necessary to more closely look at the application and possibly restrict it for everyone. There being no further questions, Vice Chair Campbell opened the public hearing. Jeff Drabing, Northwestern Territories, 717 South Peabody Street, stated that most of the cases he has been involved in with regard to zoning lot covenants have been in the form of a solution rather than a subversion. He encouraged the City not to punish everyone because the misuse of some. PLANNING COMMISSION MINUTES July 13, 1994 PAGE 8 . LeRoy Sprote, 615 Thistle Street, described a circumstance in his neighborhood where the zoning lot covenant was used to supplant subdivision provisions. The result is that there are no improvements in his area which would have been required through the Subdivision Ordinance. He felt that he and his neighbors are victims of such development. There being no further comment, Vice Chair closed the public hearing. The Commission then proceeded to discuss the other recommended changes to the zoning regulations. There was concurrence on all issues with the exception of the zoning lot covenant usage. There was considerable discussion with regard to the misusage of the zoning lot covenant. Commissioner Winters was disturbed that some people have found what amounts to a loophole which is being used to circumvent platting requirements when the provision was intended to be an equitable solution to certain pre-existing platting problems. It seems burdensome to individual property owners to restrict their usage of the solution because of a few who have misused the provision. Commissioner Nutter added that circumvention of platting standards hurts the entire community because of the lack of utility construction/provision. . The Commission discussed several scenarios in which the zoning lot covenant could be used to the advantage of a single property owner and how that same usage when applied to a developer who purchases many adjacent properties can turn the provisions into an entirely newly platted area without provisions required by short platting. In response to Commissioner Nutter, Mr. Sprote answered that in his instance, the developer is in essence creating a subdivision by combining two lots per house. Commissioner German disagreed that the developer created a subdivision. It was his opinion that the developer in question had simply built six homes on twelve lots. Commissioner German moved to recommend approval of the Municipal Code amendments as proposed by staff with the exception of the regulations proposed for defInition and applicability of zoning lot covenants, which would be continued to August 10, 1994, citing the following findings and conclusions: Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identifies as being most relevant to the amendments: Land Use Element Goals B, D, F, G & H and Policies D.l and F.1j Transportation Element Policies B.ll & B.18; Utilities and Public Services Element Policy No. D.1; Capital Facilities Element Goal B and Policy A.9; and Economic Development Element Goal A and Policies A.4 & A.6. . . . . PLANNING COMMISSION MINUTES July 13, 1994 PAGE 9 2. The Light Industrial Zone allows for industrial uses which "typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. II 3. A purpose of the Central Business District it to strengthen and preserve the area commonly known as the Downtown for major retail,service, fmancial and commercial operations that serve the entire community, the regional market, and tourists. 4. The purpose of the Arterial Commercial District is to create and preserve areas for business serving the entire City that need an arterial location because of the nature of the business or intensity of traffic generated. 5. Nearly all zone districts have minimum lot areas to encourage orderly subdivision and subsequent development and to ensure adequate lot size to support permitted uses. The predominant minimum lot size in the various zone districts is 7,000 square feet. 6. Zoning lot covenants were created to allow an owner of an existing house which is located on two or more lots an opportunity to remodel and! or add onto the house without violating building and zoning codes. 7. A Determination of Non-Significance was issued for the proposal on June 24, 1994. Conclusions: A. The Zoning Code Amendments are in the public use and interest. B. The Zoning Code Amendments are consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. c. The Zoning Code Amendments are consistent with the intent of Chapter 17.26, 17.28 17.32 and 17.34 of the Port Angeles Municipal Code. D. The expanded use of zoning lot covenants has resulted in the subversion of the City's subdivision regulations and without required supporting infrastructure improvements. Commissioner Winters seconded .the_motion, -which passed 6 - O. APPEAL OF ADMINISTRATIVE DECISION: Blore Boundar:y Line Adjustment Appeal: Appeal of a decision of denial of a boundary line adjustment. John Jimerson reviewed the Department Memorandum explaining that staff was unable to approve a boundary line adjustment in this case because it did not meet the specific PLANNING COMMISSION MINUTES July 13, 1994 PAGE 10 . boundary line adjustment requirements. The proposal would not qualify as a boundary line adjustment under State law. The applicant is appealing that denial. Jeff Drabing, Northwestern Territories, Inc., 717 South Peabody Street, represented Mr. Blore. Mr. Drabing indicated that the applicant would begin and end up with two lots, however, the realigned lots would not have the fifty foot minimum width requirement. The proposed adjustment would clear up an encroachment over the center lot line and enable Mr. Blore to build a third house on the properties, on its own lot. Both of the subject properties are quite old, 1930's - 40's era. It is conceivable to create the minimum fifty foot frontage on Sixth Street, but there would not be an average width of fifty feet throughout. . Mr. Drabing explained that the applicant had approached Northwestern Territories, Inc. to perform a preliminary survey a few months ago. As a result of the survey, an approximately two foot encroachment was found. Mr. Blore then approached the City to determine if a boundary line adjustment could be approved. Mr. Blare felt he had been given the go ahead for a boundary line adjustment; however, after he applied for same, he was denied the adjustment based on the resulting lots not maintaining a fifty foot minimum width. He disagreed with the staff report findings and suggested the possibility of an easement under the encroachment on Lot 14 being a solution to the problem of clearing title to Lot 14. If the survey had not been done, the encroachment would never have been discovered and possibly a building permit probably would have been issued. A good deal of time was spent discussing various options with the applicant's representative and staff. Commissioner Winters moved to continue the issue to the September 14, 1994, meeting. Commissioner German seconded the motion, which passed 5 - O. Mr. Jimerson asked for clarification as to what the Commission expects from staff at the September 14 meeting. It was determined that the applicant should research the possibility of using an easement and discuss the information with staff City's Attorney. COMMUNICATIONS FROM THE PUBLIC: A June, 1994, letter from Don McGinnes was acknowledged as being received with regard to the Albertson's decision. ELECTION OF NEW OFFICERS Vice Chair Campbell opened the election of officers which was needed as a result of the resignation of Chair Alexander. . Commissioner Nutter nominated Orville Campbell as Chair for the remainder of the 1994-95 term. The motion was seconded by Commissioner German, and passed unanimously. Commissioner Nutter nominated Bob Winters as Vice-Chair for the remainder of the 1994-95 term of office. The motion was seconded by Commissioner German, and passed unanimously. . . . PLANNING COMMISSION MINUTES July 13, 1994 PAGE 11 STAFF REPORTS John Jimerson informed the Commission of the lawsuit that had been filed with regard to the Albertson's rezone and SEP A issue. He also informed the Commission that the interim ordinance addressing parking in the Downtown will come up for its one year review on August 10, 1994. In response to a concern expressed by Commissioner Nutter concerning erosion caused by the construction of a day care facility on Francis Street, Mr. Jimerson noted that the City Engineer is going to review the site and see if mitigation measures are needed. REPORTS OF COMMISSION MEMBERS: Commissioner Winters expressed condolence on the death of Darlene Bloomfield of the Port Townsend planning staff. Her presence will be missed as she was an effective professional individual. Commissioner Philpott expressed his thanks to staff in its endeavor to assist the Commission in appropriate findings and conclusions to support a decision that was not stafr s recommendation. ADJOURNMENT The meeting adjourned at 10:30 p.m. {Qfl0@~ Orville Campbell, Vice Chair PREPARED BY: Sue Roberds . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: Ib3b lrJG S~ .