HomeMy WebLinkAboutMinutes 08/09/1995
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AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
August 9, 1995
7 :00 p.m.
CALL TO ORDER
ROLLCALL
APPROVAL OF MINUTES: Meeting of July 12, 1995
PUBLIC HEARINGS:
REZONE REQUEST - REZ 95(08)05- RENAISSANCE SYSTEMS. INC..
200 Block Lincoln Street: A request to rezone approximately 1.38 acres from PBP,
Public Buildings and Parks, to CBO, Central Business District.
2. CONDmONAL USE PERMIT - CUP 95(07)11 - RENAISSANCE SYSTEMS.
INC... 215A Lincoln Street: Request for a conditional use pennit to allow a brew
pub in the eBD, Central Business District. (This item is continued from July 12,
1995, and amended to be in the PBP, Public Buildings and Parks District.)
3. ZONING CODE AMENDMENT - ZCA 95(08)03 - SAFEWAY. CSD.
Community Shopping District: Request to amend the sign regulations in the
Community Shopping District to allow for site size and multi use sites.
4. CONDITIONAL USE PERMIT - CUP 95(08)13 - SERENITY HOUSE OF
CLALLAM COUNTY. 2200 Block West Eighteenth Street: Request for a
conditional use pennit to allow a day care and social seMce assistance use to locate
within a medium density housing development in the RMD, Residential Medium
Density District.
PLANNING COMMlSSrON: linda NuUcr,Chair, run Gcnnan (Vice), 0rviIlc Campbell, Cindy Soudcn, Bob Winters, &b Philpott, Bob King.
STAFF: Brad Collins, Director, Sue Roberds Office Specialis~ and David Sawyer, Senior Planner.
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5.
FINAL SUBDIVISION APPROVAL - MILWAUKEE HEIGHTS PHASE II,
Between Milwaukee Drive and Eighth Street west of liNn Street: Request for final
plat approval of Phase II (13 lots) of a 27-lot subdivision. (The applicant has
requested this item be continued to September 13, 1995.)
6.
ZONING CODE AMENDMENT - ZCA 95(08)05 - Section 17.26 of the Port
Aneeles Municipal Code (Retail Stands): Amendment to the Retail Stand section
of the PAMC to provide for a use fee when a use is located in the City right-of-way.
V.
COMMUNICA TIONS FROM THE PUBLIC
VI.
STAFF REPORTS
VII.
REPORTS OF COMMISSION MEMBERS
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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 Chainnan 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 sJXlkesman. Rebuttal shall be limited to factual statements
pertaining to previous testimony. Corrunents should be directed to the Board, not the City Staff representatives present, unless
directed to do so by the Chairman.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 9, 1995
7:00 p.m.
ROLL CALL
Members Present:
Orville Campbell, Tim German, Bob King, Linda
Nutter, and Cindy Souders
Staff Present:
Brad Collins, David Sawyer, Kenneth D. Ridout,
Mack Campbell, Dora Schie
Public Present:
Chris Perkins, Stuart Ellis, Christian Soltendieck,
Anne Hastings-Murray, Pat Kenealy, Joe Burke,
Charles May, Nita Quan, Jodie Smiley, Nancy
McHenry
An item was inadvertently omitted from the current distributed Agenda which was heard at the July
12, 1995 meeting and continued to this meeting. That item is the amendment to the Subdivision
Ordinances, which was placed as Jtern 5 on the Agenda.
APPROVAL OF MINUTES
Commissioner Souders noted that the discussion at the July 12 meeting regarding the
Commissionts interpretation as to why use of a building in the Public Buildings and Parks
District (PBP) would be allowed to contain a restaurant use, which use is not specifically
permitted in the PBP District, needed to be clarified. The Commissioners agreed that the
interpretation is due to the understanding that in the specific case, the building would remain
in public ownership and therefore the use could change but still be a public building.
Commissioner Souders moved to approve the July 12, 1995, minutes with the
clarification to the interpretation. Commissioner King seconded the motion, which
passed unanimously.
REZONE REOUEST - REZ 95(08)05 - RENAISSANCE SYSTEMS. INC.. 200
Block Lincoln Street: A request to rezone approximately 1.38 acres from PBP, Public
Buildings and Parks, to CBD, Central Business District.
Chair Nutter opened the public hearing. Planner Sawyer reviewed the Planning Department's
report and responded to Commissioner Campbell's requested clarification regarding rezones
being considered on their own merits without consideration to a specific development.
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Planning Commission Minutes - Augusl9, 1995
Page 2
Planner Sawyer showed overhead maps displaying the various zoning for the specific site and
surrounding areas.
Ken Ridout, Deputy Director of Public Works, responded to Chair Nutter's question
regarding the $100,000 donated for a garden park area and stated that the funds are to be
used to beautify Veterans Park and the area between the library and the County Building.
Commissioner Souders questioned the rationale of the property being proposed as CBD and
not CSD, which was answered by Planner Sawyer. Planner Sawyer indicated that the second
floor would be used for company offices although a second floor plan has not been submitted
as yet.
Chris Perkins, 1720 Wood haven Lane, represented Jack Heckman, and explained the
company's plans for the restaurant/pub and training center for the brewery equipment. He
answered Commissioner Souder's question that the second floor area will be used only for
offices.
Commissioner Gennan asked if the applicant had any questions regarding the conditions
reported in the staffs report, whether there would be room on-site for the additional 16
parking spaces, and where those spaces would be located. Mr. Perkins answered that there
is not room on the site for the required parking, but the company would consider the
possibility of paying the parking space in-lieu-of fee which is permitted by joining the
Downtown Parking and Business Improvement Area (PBIA) rather than providing the
required spaces on-site. Planner Sawyer explained that the fee would qualify as meeting
Code requirements.
Stuart Ellis, 320 East 9th, spoke in favor of the project, stating that it would be a good
addition to the eating and drinking establishments in the City. Brew pubs tend to be different
from typical neighborhood taverns and restaurants offering a relaxing atmosphere and are a
good tourist attraction.
Planner Sawyer read a letter from Thomas R Sandor, the owner of the property located at
204-208 South Lincoln Street, expressing concerns and objections to the zoning change based
on the inability of the applicant to provide parking for the project, and urging the Commission
to require sufficient parking for employees and patrons of the brew pub.
There being no further comments, Chair Nutter closed the public hearing.
Planner Sawyer clarified for Chair Nutter the issue of additional fees to be paid if a business
has insufficient parking by applying to the Downtown Association for the site to be included
in the PBIA. All properties presently located in the CBD zone, with the exception of the
City's lot next to the library, are in the PBIA It was noted that the Downtown Association
could decide not to allow the subject property into the PBIA. Commissioner Souders noted
that parking is not an issue in a rezone.
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Planning CommissionMinules. August 9. 1995
Page 3
There being no further discussion, Commissioner Campbell moved to recommend
approval of Rezone No. 95(08)05 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:
I. The request is to rezone 1.38 acres from Public Buildings and Parks (PBP) to
Central Business District (CBD) on the east side of the 200 block of Lincoln
Street, described as the north 300 feet of the east 200 feet of Sub Lot 26 East,
Townsite of Port Angeles;
2. The majority of the property to be rewned is flat with a steep ravine at its east
edge. It is currently developed with the existing library building, the former
(currently vacant) Senior Center building, and Veteran's Park.
3. Land uses adjacent to the proposed rezone area are as follows:
To the north:
To the south:
To the east:
To the west:
public library and parking lot
County Courthouse and Administration Offices
residential trailer park/open space area
commercial uses
4. The Comprehensive Plan identifies the majority of the site as Commercial and
a small portion of the site as High Density Residential. The designation of a
portion of the site as High Density Residential was an attempt to identify the
adjacent property currently developed with a residential trailer park and its
access drive onto Lincoln Street with a residential designation on the
Comprehensive Plan Land Use Map;
5. Land Use Element Goal A, Policies 1 and 2, and Goal D, Policies 1 and 2
have been identified as being most relevant to the proposed rezone;
6. The property is currently zoned PBP;
7. Zoning designations adjacent to the proposed rezone area are as follows:
To the north:
To the south:
To the east:
To the west:
CBD
PBP
RTP
Community Shopping District (CSD)
8. The City adopted the revised Comprehensive Plan and the subject site's
Commercial land use designation in June, 1994;
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Planning Commission Minutes. August 9. 1995
Page 4
9. The requirements of the State Environmental Policy Act have been met with
the issuance of a Determination of Non-Significance on July 24, 1995; and
10. The Environmentally Sensitive Areas Protection Ordinance (Ordinance No.
2656) was adopted by the City Council November 19, 1991,
Conclusions:
Based on the information provided in the staff report including all of its attachments,
conunents and information presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed findings, the City of Port Angeles Planning
Commission hereby concludes that:
A. The rezone is in the public use and interest and is compatible with the
surrounding zoning;
B. The rezone is consistent with the policies of the Comprehensive Plan as
referenced in Finding No.5;
C.
Circumstances have changed since the property was zoned PBP. The
continued limitation on the use of the existing buildings in the area of the
rezone to public and quasi-public uses may no longer be viable due to the
condition of the buildings and the cost of their rehabilitation for new publicly
funded tenants. The Environmentally Sensitive Areas Protection Ordinance
which protects environmentally sensitive areas outside the PBP zone was not
adopted at the time of the original zoning,
Commissioner King seconded the motion. Following brief discussion regarding the
rezoning and the letter regarding parking, the motion passed unanimously.
Planning Director Collins indicated the matter would go before the City Council at its next
meeting on August 15, 1995.
CONDITIONAL USE PERMIT - CUP 95(07)11 - RENAISSANCE
BREWING COMPANY. 215 A Lincoln Street: Request for a conditional
use permit to allow a brew pub in the PBP, Public Buildings and Parks
District. (Continued from July 12, 1995.)
Since the staffs report for this item was combined with the report for the previous item,
Planner Sawyer added that the conditions of approval are based on the findings, particularly
finding No.5 of rezone request No. REZ 95(08)05, which states that the property is zoned
CBD, and subsequently, the conditional use permit would not be effective until a zone change
is approved by the City CounciL
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Planning Commission Minutes. Augusl 9, 1995
Page 5
Chair Nutter opened the public hearing. Commissioner King requested clarification from Mr.
Perkins on the hours of operation. Mr. Perkins stated that the restaurant would be open from
11 a.m. to 2 p.rn. for lunch, with closing at midnight Monday through Thursday, and at 1 :00
to 1 :30 a.m. on Friday, Saturday and Sunday nights, closing earlier if there are no patrons
on the premises. He also stated the restaurant would be family-oriented. With regard to the
parking, Mr. Perkins stated the project would provide sign age inside the restaurant indicating
appropriate parking areas for its patrons.
There being no further testimony, Chair Nutter closed the public hearing.
Commissioner King moved to approve Conditional Use Pennit No. CUP 95(07)11 citing
the findings and conclusions as noted in the staff report. The motion was seconded by
Commissioner German. Commissioner Souders made a friendly amendment to the motion,
requesting that an additional finding be added regarding the use of the second floor as office
space, which was accepted by Commissioners King and German. The findings and
conclusions are as follows:
Findings:
Based on the information provided in the staff report including all of its attachments,
comments and information presented during the public hearing, and the Planning Commis-
sion's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds
that:
1. The applicant, Renaissance Systems Inc., has applied for a conditional use
pennit to operate a combined micro-brewery restaurant and office use at 215
Lincoln Street as proposed in the August 9, 1995, staffreport;
2. Land uses adjacent to the subject site are as follows:
To the north:
To the south:
To the east:
To the west:
public library and parking area
park area and County Administration Building
open space area
commercial uses
3. The subject property lies within the border area between High Density
Residential and Commercial on the City's Comprehensive Plan Land Use
Map~
4. Land Use Element Goal A, Policies 1 and 2, and Goal D, Policies 1 and 2,
have been identified as being most relevant to the proposed rezone;
5.
The subject property is zoned Central Business District (CBD);
6. A micro-brewery is a conditionally permitted use in the CBD zone.
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Planning Commiss(on Minutes - August 9. 1995
Page 6
7.
Restaurants and general offices are permitted uses in the CBn zone.
g. The subject property is owned by the City of Port Angeles.
9. A Determination of Non-Significance was issued for the project on June 29,
1995.
10. The applicant testified that the second story floor area would be used only for
offices.
Conclusions:
Based on the information provided in the staff report including aU 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 proposed use is consistent with the City's Comprehensive
Plan including but not limited to Land Use Element Policies A-I and 2 and D-
1 and 2.
B.
As conditioned, the proposed use is consistent with the City's Zoning
Ordinance including the intent of the CBD zone.
C. As conditioned the proposed use is not contrary to the public use and interest
The motion as amended passed unanimously. Planning Director Collins reiterated that the
conditional use permit approval would not be considered approved unless the City Council
acts favorably on the rezone request to Central Business District for the property. If the
rezone fails, the conditional use pennit would become void. It was noted that the PBP zoning
would remain in the Peabody Creek Ravine area of the subject property.
The Chair called for a break at 8:05 p.m. The meeting reconvened at 8:15 p.m.
ZONING CODE AMENDMENT - ZCA 95(08)03 - SAFEW A Y. CSD.
Community Shopping District: Request to amend the sign regulations in the
Community Shopping District to allow for site size and multi use sites.
Chair Nutter opened the public hearing. Planner Sawyer reviewed the Planning Department's
report.
Christian Soltendieck, 11756 4th Avenue N.W., Seattle, represented the applicant and
stated support of the amended Code proposal.
There being no further comments, Chair Nutter closed the public hearing.
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Planning Commission Minutes - August 9. 1995
Page 7
Following brief discussion including questions and answers regarding the allowance of
billboards in the CSD zone, Commissioner Gennan moved to recommend approval of the
Zoning Code Amendment as modified, 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 Zoning Code Amendment will modify Section 17.22.220 PAMe as
follows:
17.22.220 Signs Permitted.
A. Signs, may be lighted but not intermittent or flashing type ,
not exceeding 100 square feet total area. All signs over 10 square feet in area
shall be restricted to territory no closer than 100 feet to all property in a
residential distriot zone. No billboards shall be permitted within Community
Shopping District. Maximum height shall be 30 feet.
B. Maximum Sign Area:
l Building-Mounted Signs. Building-mounted signs may
be placed on any wall not facing an adiacent residential zone. Building-
mounted signs may not extend above the top of the eaves or parapet and may
not be located on a roof For buildings occupied by a single entity. sign area
shall not exceed 10% of the area of the building elevation facing a public
street to a maximum of 125 square feet per sign on any building elevation
which faces a public street. In buildings occupied by more than one entity.
each entity's signage may not exceed 10% of that entity's portion of the
building elevation facing a public street occupied by said entity to a maximum
of 125 square feet.
b. Free-Standing Signs. One point twenty-five (1.25)
square feet of free-standing visible sign area is allowed for every one lineal
foot of arterial street frontage of the site. provided that the maximum area on
any free-standing sign face does not exceed half of the maximum visible sign
area. "Visible sign area" is defined as the total of all free-standing sign faces
visible from any location. The maximum visible sign area for a particular site
shall be as follows:
Site Size
Less than 1 acre
1-1. 99 acres
Maximum Visible Sign Area
50 square feet
75 square feet
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Planning Commission Minutes. Augusl 9, 1995
Page 8
2-2.99 acres
3 acres and above
100 square feet
125 square feet
C. Off-premise outdoor advertising signs. including billboards.
shall be prohibited.
2. The Comprehensive Plan has been reviewed with respect to the proposed
amendment and Land Use Element Goal E, Policy 3 and Conservation
Element Goal A, Policy 2 are the most relevant to this amendment.
3. The purpose statement for the Commercial Shopping District states: "This is
a commercial zone oriented primarily to those businesses serving the
immediate needs of the surrounding residential zones but is slightly less
restrictive than the CN zone and as such provides a transition area from the
most restrictive commercial zones to those oflesser restrictions."
4. A Determination of Non-Significance was issued for the proposal on July 21,
] 995 and no appeals were received during its appeal period.
5.
The majority of the CSD Zone is located along Highway 101. There are
limited amounts of CSD zoned property along Eighth Street.
Conclusions:
Based on the information provided in the staff report including all of its attachments,
comments and information presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above-listed findings, the City of Port Angeles Planning
Commission hereby concludes that:
A. The Zoning Code Amendment is in the public use and interest.
B. The Zoning Code Amendment is consistent with the Comprehensive Plan
Goals and Policies, specifically those found in Finding NO.2.
C. The Zoning Code Amendment is consistent with the intent of Chapter 17.22
of the Port Angeles Municipal Code.
Commissioner Campbell seconded the motiont which passed unanimously.
CONDITIONAL USE PERMIT - CUP 95(08)13 - SERENITY HOUSE OF
CLALLAM COUNTY. 2200 Block West Eighteenth Street: Request for a
conditional use permit to allow a day care and social service assistance use to locate
within a medium density housing development in the RMD, Residential Medium
Density District.
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Planning Commission Minutes - August 9. } 995
Page 9
Due to the fact that Commissioner German had a conflict of interest regarding Items 4 and
6 on the Agenda, the Agenda was revised to allow him to not be present during the discussion
of the next two items on the Agenda, and Commissioner German left the room. Commis-
sioner Souders indicated an appearance offairness. There being no objection from the public
present, she chose to stay in order to maintain the quorum.
Chair Nutter opened the public hearing. Planner Sawyer reviewed the Planning Department's
report. Additional comments were provided by Planning Director Brad Collins.
Anne Hastings-Murray, Project Manager for Evergreen Family Village, represented the
applicant and presented arguments in support of the CUP. She responded to questions and
concerns posed by the Commissioners.
Pat Kenealy, 412 South Lincoln, indicated his support of the project stating that as a former
homeless person who has been integrated back into the community, he might have been
homeless for a shorter period of time had he had access to programs such as those provided
by Serenity House.
Joe Burke, 1610 East 5th, a board member for Serenity House, read a letter from Joel D.
Roalkvam, a nearby resident to Serenity House, in support of the project.
Charles May, 720 North Larch Avenue, pastor of Holy Trinity Lutheran Church, also
supported the plan and indicated that in his role with the church, he has seen a great need for
the services provided by Serenity House.
Nita Quan, 913 West 8th Street, Director of First Step Family Support Center, also
voiced her support of the project.
Jodie Smiley, 2441 Samara Drive, voiced her opposition to the project indicating that the
community would be better served if the social services were offered in a location closer to
the downtown area where there are supplemental services such as markets, libraries, and other
social services readily available.
Anne Hastings Murray spoke in rebuttal to Ms. Smiley's concerns stating that the proposed
village concept provides services on-site and is the desired living situation to achieve the
desired goals for the residents.
There being no further testimony, Chair Nutter closed the public testimony.
Commissioner Campbell complimented staff on the report as presented. Following dis-
cussion, Commissioner King moved to interpret that "transitional housing tt is defined
as "the provision of housing on a short term basis with related social services provided
to the residents as a subordinate use to the primary residential use of the land", that
a transitional housing facility qualifies as a PAMC Section 17.14.030(K) "other uses
compatible with the intent of this Chapter" conditionally permitted use in the RMD
zone, and that the proposed combination of apartment units and social services meets
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Planning Commission Minutes - Augusl9. 1995
Page 10
the interpreted definition of a transitional housing facilityt 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 the Planning Commis-
sion's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds
that:
1. Housing Element Goal B, Policy NO.9 of the Port Angeles Comprehensive
Plan states "The City should help support the provision of transitional and
temporary housing for the homeless and/or displaced families~"
2. Utilities and Public Services Elements Goal A, Policy NO.3 of the Compre-
hensive Plan states "Social services providing home care should be located in
residential neighborhoods in a manner that maintains the character of the
immediate neighborhood."
3.
PAMC Section 17.]4.010 defines the purpose of the RMD zone as "a medium
density residential zone, which allows a mix of single family, duplexes, and
apartments at a density greater than single family neighborhoods but less than
the higher densities of the RHD zone. The permitted uses in the RMD zone
are also intended to be more restrictive than the RHD zone. Commercial uses
are not considered to be compatible;"
4. PAMC Section 17.08.100(S) defines "subordinate" as "less important than
and secondary to a primary object, usually in these Zoning Regulations
referring to an additional use smaller in size, taking up substantially less space,
i.e., fifty percent or less space than the principally permitted use;" and
5. A "supported living arrangement" is a permitted use and a "group home" is
a conditionally permitted use in the RMD zone.
6. Serenity House of Clallam County has submitted an application (August 9,
1995 Planning Commission Staff Report Attachment A) for a housing project
with subordinate social services for qualified homeless families of CIa11am
County.
Conclusions:
Based on the information provided in the staff report 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:
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Planning Commission Minutes -August 9, 1995
Page 11
A. A "transitional housing" facility is similar in nature to a "supported living
arrangement" and a "group home" as defined in PAMC Section 17.08 -
Definitions;
B. A "transitional housing" facility is defined as "the provision of housing on a
short term basis with related social services provided to the residents as a
subordinate use to the primary residential use of the land;"
C. A "transitional housing" facility qualifies as a P AMC Section 17.14.030(1<)
"other uses compatible with the intent of this Chapter" conditionally permitted
use in the RMD zone;
D. The project as proposed by Serenity House ofClallam County in Attachment
A of the August 9, 1995 Planning Commission Staff Report is considered a
"transitional housing" facility.
E. The above conclusions are consistent with the City's Zoning Ordinance
including the intent of the RMD zone; and
F. The above conclusions are not contrary to the public use and interest.
Commissioner Souders seconded the motion, which passed unanimously.
Following discussion, Commissioner Campbell moved that Conditional Use Permit No.
CUP 95(08)13 be approved citing the following findings and conclusions:
Conditions:
I. The applicant shall submit a landscaping plan for the entire site consistent with the
requirements of Section 17.14.070 of the Port Angeles Municipal Code (P AMC) for
approval to the Planning Department prior to occupancy.
2. The proposed use shall meet all requirements of the Port Angeles Municipal Code
including parking, fire, and building code requirements.
3. The applicant shall meet the requirements of Chapter 14.40 PAMe for off-street
parking.
4. The applicant shall meet all of the conditions required by the City Engineer in his
memorandum dated July 25, 1995, attached to the Staff Report as Attachment C.
5.
The child care use must meet all Department of Social and Health Services (DSHS)
licensing requirements and provide proof of such license approval to the City's
Planning Department prior to use of the child care facility.
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Planning Commission Minules - August 9, 1995
Page J 2
Findings:
Based on the information provided in the 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:
I. The applicant, Serenity House of Clallam County has applied for a conditional
use permit to operate a transitional housing and child care facility in the 2200
block of 18th Street as proposed in the August 9, 1995, staff report;
2. Existing land uses adjacent to the subject site are as follows:
To the north:
To the south:
To the east:
To the west:
vacant
industrial park uses
church facility
54 unit multi-family housing complex;
3. The Comprehensive Plan identifies the site as Medium Density Residential
(MDR);
4.
Land Use Element Goal A, Policy No.1, Goal C, Policy Nos. 1 through 4,
Utilities and Public Services Element Goal A, Policy No.3 and Goal B, Policy
No.2, and Housing Element Goal B and Policy Nos. 6, 7 and 9 have been
identified as being most relevant to the proposed project;
5. The subject property is zoned Residential Medium Density (RMD);
6. A detennination has been made by the Plarming Commission that a transitional
housing use qualifies as a use compatible with the purpose and intent of the
RMD zone and is therefore a conditionally permitted use in the RMD zone
per Section 17.14.030(1<) of the Port Angeles Municipal Code (PAMC).
7. A child care facility is a conditionally permitted use in the RMD zone.
8. A Mitigated Determination of Non-Significance and Adoption of Existing
Environmental Document (#639) was issued for the project on July 25, 1995
and there were no appeals received during the appeal period.
Conclusions:
Based on the information provided in the staff report 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
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Planning Commission Minutes -AugusI9. /995
Page 13
A. As conditioned, the proposed use is consistent with the City's Comprehensive
Plan including but not limited to Land Use Element Goal A, Policy No.1, and
Goal C, Policy Nos. 1 through 4, Utilities and Public Services Element Goal
A, Policy No.3, and Goal B, Policy No.2, and Housing Element Goal Band
Policy Nos. 6 and 9.
B. As conditioned, the proposed use is consistent with the City's Zoning
Ordinance including the intent of the RMD zone.
C. As conditioned, the proposed project is not contrary to the public use and
interest.
Commissioner King seconded the motion, which was approved unanimously.
The Chair called for a break at 10:10 p.m. Commissioner King moved that the meeting
be continued following the break, Commissioner Campbell seconded the motion, which
was approved unanimously. The meeting reconvened at 10:16 p.m.
FINAL SUBDIVISION APPROVAL - MILWAUKEE HEIGHTS PHASE ll.
Between Milwaukee Drive and Eighth Street west of "N' Street: Request for final
plat approval of Phase II (13 lots) ofa 27-lot subdivision.
Chair Nutter opened the public hearing. Planning Director Collins reviewed the Planning
Department's report.
Nancy McHenry of Northwestern Territories, Inc., 717 South Peabody, represented the
applicant and spoke in favor of the approval request.
There being no further testimony, Chair Nutter closed the public hearing.
F allowing discussion in which Planning Director Collins answered questions posed by the
Commissioners, Commissioner Souders moved to recommend approval of Milwaukee
Heights Phase n to the City Council and authorized the Chair to sign the final mylar,
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 the Planning
Commission's discussion and deliberation, the City of Port Angeles Planning Commission
hereby finds that:
1. The City Council approved the preliminary Milwaukee Heights subdivision on
May 18, 1993 with conditions.
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Plarl1ling Commission MimJ.les - August 9. 1995
Page 14
2. The Planning Commission and City Council made conclusions that the plat
was consistent with the Comprehensive Plan, Zoning Ordinance, and
Subdivision Ordinance.
3. The applicant was granted final approval of Phase I of the subdivision on
September 7, 1993, and submitted for final approval of Phase II on June 29,
1995.
4. Improvements as required by the City's Subdivision Regulations and the
conditions of approval of May 18, 1993, have been made and approved by the
City's Public Works, Fire and Light Departments.
5. The City's Parks and Recreation Department has accepted funds in the
amount of $5,000 for the purchase and installation of a self-contained piece
of playground equipment for the required tot lot at the southwest corner of
the subdivision. Maintenance of the tot lot will be by the City's Parks and
Recreation Department.
Conclusions:
Based on the information provided in the staff report 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 final plat is in conformance with the preliminary plat
approval.
B. The final plat has not changed in any manner so as to result in inconsistencies
with the Comprehensive Plan, Zoning Ordinance, or Subdivision Regulations.
C. As conditioned, the final plat is in conformance with the City's Subdivision
Ordinance.
Commissioner King seconded the motion, which was approved unanimously.
Commissioner German resumed his seat at the dais.
AMENDMENT TO THE CITY'S SUBDIVISION ORDINANCE (Lone and
Short). City-wide: Amendment to the subdivision ordinance in compliance with the
Comprehensive Plan. (Continued from July 12, 1995).
Chair Nutter opened the public hearing. Planning Director Collins reviewed the Planning
Department's report.
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Planning Commission Minutes. AuguSI 9. 1995
Page 15
Nancy McHenry, Northwestern Territories, Inc., 717 South Peabody, discussed the
proposed changes and requested a change to Section 16.04.040 Applicability, and to Section
16.08.040 Preliminary Short Plat--Routing and Staff Recommendations, of the Port Angeles
Municipal Code, and her opposition regarding the plat vacation language. She cited the
State's regulations regarding subdivisions and proposed that plat vacation procedures be
adopted separately instead of being lumped in with other platting procedures. Ms. McHenry
responded to questions regarding the platting process.
There being no further testimony, Chair Nutter closed the public hearing.
Following lengthy discussing ofthe platting and vacation process, Commissioner Campbell
moved to recommend approval to the City Council for amendments to the Subdivision
Ordinances as presented 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 the Planning
Commission's discussion and deliberation, the City of Port Angeles Planning Commission
hereby fmds that:
1.
The Growth Management Act of 1990 required that the City of Port Angeles
adopt a Comprehensive Plan and development regulations consistent with the
Act and its goals.
2. On June 28, 1994, the City of Port Angeles adopted a Comprehensive Plan in
compliance with the Act and the legislative deadline of July 1, 1994.
3. The City was granted a six month extension of the legislative deadline for
adoption of development regulations to January I, 1995.
4. The development regulations must be consistent with the Comprehensive Plan
and Land Use Map.
5. The subdivision regulations were reviewed for compliance with the adopted
Comprehensive Plan.
6. Proposed amendments to the subdivision regulations were considered by the
Growth Management Advisory Committee, Planning and Public Works
Department staff, and the City Attorney, and were recommended by the
GMAC to the Planning Commission and the City Council for adoption.
7.
All Comprehensive Plan goals, policies, and objectives were considered by the
GMAC in making the recommended changes to the subdivision regulations.
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Planning Commission Minutes - Augusr 9. 1995
Page 16
8. Public notice for the intended subdivision amendments were provided per the
City's public notice procedure including solicitation of comment from local
real estate, engineering, and contracting, tradespeople.
9. A Detenmnation of Non-Significance was prepared for the proposed
amendments on April 5, 1995.
Conclusions:
A The subdivision amendments are consistent with the City's Comprehensive
Plan.
B. The subdivision amendments do not intentionally diminish the existing
development rights for undeveloped properties.
C. The subdivision changes are in the public use and interest.
D. The subdivision changes reflect changes in circumstances that have occurred
since the 1976 Comprehensive Plan was first adopted and has now been
replaced with the 1994 Comprehensive Plan.
Commissioner King seconded the motion, which was approved unanimously.
Commissioner Campbell moved that Planning staff review the issue of short and long
subdivisions with regard to procedures for dealing with plat vacations. Commissioner
Souders seconded the motion, which was approved unanimously.
ZONING CODE AMENDMENT - ZCA 95(08)04 - Section 17.26 of the Port
An2eles MuniciDal Code (Retail Stands): Amendment to the Retail Stand section
of the PAMC to provide for a use fee when a use is located in the City right-of-way.
Chair Nutter opened the public hearing. Planning Director Collins reviewed the Planning
Department's report.
There being no public testimony either for or against the amendment, Chair Nutter closed the
public hearing.
Following brief discussion, Commissioner King moved to recommend approval of
Zoning Code Amendment No. ZCA 95(08)04, 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 the Planning
.
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Plar/nir/g Comm/s$iOr/ Mir/ule$ - August 9, 1995
Page J 7
Commission's discussion and deliberation, the City of Port Angeles Planning Commission
hereby finds that:
1. Section 17.26 of the Port Angeles Municipal Code provides regulations for
the use of retail stands in certain zones throughout the City by conditional use
permit.
2. State law requires that a fee be charged for use of public rights-of-way.
3. Review of the existing retail stand regulations indicates that there is no
provision for an annual user fee for those uses situated on City right-of-way,
as required by law.
4. The proposed ordinance establishes a method for collection of an annual fee
for use of the City rights-of-way for retail stands located in such rights-of-
way.
Conclusions:
A. Establishment of an annual rental fee for retail stand uses located in the City's
rights-of-way is in the public interest.
Commissioner German seconded the motion, which was approved unanimously.
COMMUNICA TIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
Commissioner Souders urged the Planning Department to find a way to get more than one copy of
the colored maps and color overlays suggested at a previous meeting, which will allow for more
professional presentations and show up better on the overhead projector.
ADJOURNMENT
The meeting adjourned at 11 :20 p.m.
Brad Collins, Secretary
Linda Nutter, Chair
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PLEASE SIGN IN
CITY OF PORT ANGELES
Planning Commission Attendance Roster
Meeting Date: B - 9 -- CiS:-
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