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HomeMy WebLinkAboutMinutes 10/13/1993 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 October 13, 1993 7:00 P.M. I. CALL TO ORDER n. ROLL CALL m. APPROVAL OF MINUTES: Meeting of September 22, 1993 . IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 93(09)10 - COMMUNITY ACTION COUNCIL. 2319 South Francis Street: Request to allow a day care center facility in the RS-7, Residential Single-Family District. (Continued from September 9, 1993.) 2. HIGHLAND COMMUNITIES FINAL PLANNED RESIDENTIAL DEVEWPMENT (PRO) AND PLAT: Final approval for Phase I and Phase II of the proposed development, located between Lauridsen Boulevard and Melody Lane. 3. STREET VACATION PETITION - STV 93(10)16 - ENSOR. 3018 South Peabody Street: Request for vacation of a portion of Peabody Street in Grant's Addition. 4. ZONING CODE AMENDMENT - ZeA 93(0)02 - RALSTON. RS-7. Residential Single-Family Districts: Proposal to amend Zoning Ordinance No. 1709 as amended, to allow off-street parking lot uses as conditional uses in the RS-7, Residential Single-Family Districts. 5. ZONING CODE AMENDMENT - ZeA 93(10)03 - PAULIN. CSD-Cl. Community Shopping Districts City-wide: Proposal to amend Zoning Ordinance No. 1709, as amended, to permit those residential uses permitted in the RHD, Residential High Density, District in the CSD-Cl, Community Shopping Districts as permitted uses. . Planning Commission: Bob Winters, Chair; Cindy Souders, Vice Chair; Roger Caus; Bob Philpott; Orville Campbell; Carl Alexander and Linda Nutter. Planning Staff: Bl"lId Collins, Planning Director; Sue Roberds, Office Specialist; David Sawyer, Senior Planner; lohn limerson, Associate Planner. . . . V. COMMUNICATIONS FROM TIlE PUBLIe VI. STAFF REPORTS VII. REPORTS OF THE COMMISSION VID. ADJOURNMENT 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. It is helpful if the speaker identifies his/her interest in the issue. 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 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 the Planning Commission, not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 13, 1993 7:00 P.M. I. CALL TO ORDER Chairman Winters called the meeting to order at 7:00 P.M. II. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Orville Campbell, Carl Alexander, Bob Philpott, Bob Winters, Roger Catls Staff Present: John Jimerson, Brad Collins, Bruce Becker, Gary Kenworthy Public: Dave Milligan, Joni Ensor, Madeline Lang, Nancy McHenry, John Ralston, Nancy Martin, Mike Libera, Cindy Paulin, Pete and Darlene Granlund, Lee Tickell, Tom Keywood, Milt Hunt, Larry Leonard and Janet Anderson. III. APPROV AL OF MINUTES Commissioner Philpott moved to approve the minutes of the September 22, 1993, meeting of the Planning Commission with one change, eliminating the apostrophe in the word "its" in the first paragraph on page two. The motion was seconded by Commissioner Campbell and passed 5-0, with Commissioners Catls and Winters abstaining. IV. PUBLIC HEARINGS eONDITIONAL USE PERMIT ~ CUP 93(09)10 - eOMMUNITY ACTION eOUNeIL. 2319 South Francis Street: Request to allow a day care center facility in the RS-7, Residential Single-Family District. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Lee Tickell, 802 Sheridan, Port Townsend, referred to a new site plan which addresses the concerns discussed at the previous Planning Commission meeting. Milt Hunt, 206 South Lincoln, explained that the IS-foot drive aisle requirement has been met. He described the proposed parking lot and building lighting, noting that for various reasons it should not adversely affect homes in the vicinity. In response to questions, he noted the facility provides the parking required by the City's ordinance and explained where the handicap ramps to the facility will be located. . . . Planning Commission Minutes October 13, 1993 Page 2 Janet Anderson, 802 Sheridan, Port Townsend, stated that they conducted a survey of residents and found the large majority of children to be between the ages of 1 to 6 years. If the age of the children needing services changes, the day care facility will adjust accordingly. If additional staff are needed for infant care, the number of children would likely to decrease so as to not create a need for additional staff and parking. Chairman Winters closed the public hearing. After discussion on alternatives for conditioning parking requirements, eommissioner Souders moved to approve the eonditional Use Permit, citing the following conditions, findings and conclusions: eonditions: 1. The use shall be in compliance with the requirements of the City's Parking Ordinance (Chapter 14.40 PAMC). A list indicating the maximum number of employees and volunteers at the site at anyone time shall be provided to the Planning Department. 2. All State and local building and fire codes shall be observed. 3. The facility must meet the requirements of the City of Port Angeles Electrical Code. All 15 amp or larger receptacles in areas accessible by children shall be tamperproof. Tamperproof receptacles shall, by construction, limit improper access to electrical contacts. All 15 amp or larger receptacles within a bathroom or shower room or within five feet of a basin, including the kitchen sink, are required to hove ground fault circuit interruption protection. 4. Submit a fully dimensioned parking plan to the City Engineer for approval. The revised plan shall provide for a minimum 15 foot wide drive aisle, unless more is required for vehicles backing from parking stalls. 5. Submit a drainage plan to the City Engineer for review and approval. 6. Where the drive aisle is only 15 feet wide. signage for no parking "fire lane" shall be provided. 7. The applicant shall comply with the requirements of the Department of Social and Health Services. Findin&s: 1. The request is to allow a single family home to be converted to a day care at 2319 South Francis Street. 2. The property is zoned Single Family Residential (RS-7). . . . Planning Commission Minutes October 13, 1993 Page 3 3. There will be twelve to twenty children and four employees at the facility. There will be a maximum of 3 employees at the site at anyone time and there may be adult volunteers at the facility. 4. The facility will serve low income households and is integrated with low income housing. 5. The Comprehensive Plan has been reviewed with respect to the proposal. 6. A Determination of Non-Significance (DNS) was issued by the City of Port Angeles SEPA Responsible Official on August 27, 1993. 7. The proposal is for serving children ages one to six. Conclusions: A. The proposed day care is compatible with the surrounding single-family residential neighborhood and is consistent with the RS-7 zone district of the Port Angeles Zoning Ordinance. B. The conditional use permit is in the public use and interest and is not detrimental with the public welfare. It contributes to provision of a variety of services to meet the needs of the community. C. The proposal is consistent with the Comprehensive Plan, especially those policies identified in the staff report. The motion was seconded by eommissioner Nutter and passed 7-0. The Commission took a break at 7:45 P.M. and reconvened at 8:00 P.M. IDGHLAND COMMUNITIES FINAL PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND PLAT: Final Approval for Phase I and Phase II of the proposed development, located between Lauridsen Boulevard and Melody Lane. John Jimerson reviewed the Department Report and explained some minor modifications to the recommended conditions of approval. Brad Collins explained the difficulties staff and the applicant have been trying to address with respect to bringing the requirements of the City's Environmentally Sensitive Areas Protection Ordinance and the Final PRD and Plat into congruence and that a solution has not as yet been identified. In addition, the applicant had cleared portions of the required buffer area. Chairman Winters opened the public hearing. Tim German~ 2025 W. 12th Street, explained how the top of ravine was identified and accepted by the City Engineer, and that they had no idea, prior to today, that there was a second type of environmentally sensitive area on the site. He offered a compromise whereby he would provide a 50 foot buffer from the top of ravine and a 25 foot buffer from the top of the geologic . . . Planning Commission Minutes October 13, 1993 Page 4 hazard area. Brad Collins explained the difference between a ravine and a steep slope geologic hazard area and noted that a reduction to the ravine buffer area cannot be granted under the requirements of the Environmentally Sensitive Areas Protection Ordinance. A reduction to the setback from the hazard area can be accomplished if there is geologic data which supports there is a stable building pad. There being no further public testimony, Chairman Winters closed the public hearing. After discussion on how to address the E.S.A. requirements, Commissioner Alexander moved to forward a recommendation of approval of tbe Final PRD and Plat for Pbases I and ll, EXCLUDING Lots Al4-A17 and Lots A25-A26, citing the foUowing conditions, fmdings and conclusions: Conditions: 1. Comply with the requirements of preliminary approval. 2. The final approval by the City Council shall not be granted until all the following are complied with: a. Utility, roadway and sidewalk improvements are complete and accepted by the City Engineer; b. Show 10 foot easement on both sides of the private roads as required by City Light on plat; c. Identify easements as public and private on plat; d. Show a 50 foot conservation easement from the top of the ravine on the final plat; e. Include a note on the plat stating that the homes shall be sprinklered; f. Obtain signature of a licensed surveyor on the final plat. g. Show easement on the final plat along trailJ temporary open space, and park area for benefit of the residents of the project. h. Provide area calculations showing the recreation and open space requirements have been met. 3. Final inspection and occupancy of any residential structures shall not be permitted until the following requirements are met: a. Improvements for the wetland buffer enhancement plan are completed; . . . Planning Commission Minutes October 13, 1993 Page 5 b. Fencing, sign and mailbox improvements shall be made in accordance with this approval; c. The trail, park area, and hydro-seeded landscaping shall be completed. 4. Occupancy of any house shall not be granted until the landscaping on the lot on which it is located is installed in accordance with the landscape plan. 5. Prior to installing fencing and mailboxes, the applicant shall locate and show on a plan utilities in relationship to the fence and boxes so as not to damage the utilities. The plan shall be submitted to the City Engineer for review and approval. 6. A right-of-way use permit is required for installing a fence in the Lauridsen Boulevard right-of-way. A gate shall be provided at the end of the turning knuckle to allow passage of maintenance vehicles. 7. The sign shall not be placed in the public right-of-way. 8. The mailbox cluster shall be placed in a location mutually acceptable to the post office and City Engineer. Findin&s: 1. The approval is for Final PRO and Plat for Phases 1 & 2 of the Highland Communities development. These phases consist of 26 single family lots with a recreational path, park area and a temporary grass open space. 2. Preliminary PRD and Plat approval was granted on May 19, 1992. 3. The property is zoned Residential High Density (RHO). 4. At the time of preliminary approval, the proposal was reviewed with respect to wning and subdivision ordinances and the Comprehensive Plan. 5. The proposal has been reviewed with respect to conformance to the approved preliminary plat and conditions of approval. 6. The utilities, drainage and roadway improvements have been provided. Conclusions: A. The proposal is consistent with the Port Angeles Comprehensive Plan, subdivision and wning ordinances. B. As conditioned, the proposal is in compliance with the approved preliminary Plat and PRD. Planning Commi~sion Minulc~ October 13, ]993 Page 6 (e c. Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school. D. The public interest is served in the platting of this PRD. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act. The motion was seconded by eommissioner eampbell and passed 7~O. STREET VACATION PETITION ~ STV 93(10)06 - ENSOR. 3018 South Peabody Street: Request for vacation of a portion of Peabody Street in Grant's Addition. John Jimerson reviewed the Department Report. In response to a question, Brad Collins indicated the reason there have been several requests for street vacations in the vicinity is that early surveys were inaccurate, resulting in part, in homes being built within the right-of-way. . Chairman Winters opened the public hearing. Joni Ensor, 3018 South Peabody, stated the property line is located right down the center of her living room. She is requesting the street vacation to remedy that situation and to provide the opportunity to create a fenced front yard for her kids to play in. In response to a question, she indicated she would install the sidewalk if required, but would rather spend the money on putting up a fence. Larry Leonard, 103001ympus, stated his objection to requiring sidewalks. There are no other sidewalks in the area and the condition has no relation to the proposal. He suggested a no- protest agreement. There being no further testimony, Chairman Winters closed the public hearing. Commissioner Souders moved to recommend to the City eouncH approval of the street vacation, citing the following condition, findings and conclusions: Conditions: 1. A minimum 60 foot right-of-way from the east line of the improved street to the property line of the subject site shall be maintained. . Findin~: I. The request is to vacate 2130 square feet of the Peabody Street right-of-way. . . . Planning Commission Minutes October 13, 1993 Page 7 2. The Department of Public Works has noted that a minimum 35 foot right-of-way from the centerline of the improved street must be maintained. The City minimum standard street width is 60 feet. 3. The construction of Peabody Street is skewed with respect to the right-of-way, thereby creating unneeded right-of-way between the site and the street improvements. 4. The property is zoned RS-7. 5. The site is located along a designated school walking route. 6. There are several Comprehensive Plan Policies encouraging the provision of safe pedestrian facilities including Goal No.1, Residential Policies 4 & 5, and Circulation Policies 7, 8 and 10. 7. The house appears to be located within the right-of-way. The vacation would reduce or eliminate this encroachment into the right-of-way. 8. The nearest sidewalk on Peabody Street is located about 1000 feet to the north. Conclusions: A. Vacation of this portion of Peabody Street right-of-way is in the public use and interest and would be a public benefit as it would increase tax revenues by placing the unneeded right-of-way into private ownership. B. As conditioned, the street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those listed in Finding No.6. The motion was seconded by Commissioner Catts and passed 5-2. Commissioners Alexander and Nutter voted against the motion, citing the fact that the City Council has identified this site as being along a school walking route, and therefore, a priority area for sidewalks. The sidewalk is needed for a safe walking route. ZONING CODE AMENDMENT - ZCA 93(10)02 - RALSTON. RS-7. Residential Single-Family Districts: Proposal to amend Zoning Ordinance No. 1709 as amended, to allow off-street parking lot uses as conditional uses in the RS- 7, Residential Single- Family Districts. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. John Ralston, 850 Church Street, said he would like to build a bigger office building on Eighth Street. A conditional use permit would allow City control over aspects of the lots such as hours of operation, lighting and size of the lots. Businesses in his building would be professional offices which do not generate high traffic volumes. The majority of property owners within 300 feet of his property were not opposed to his proposal to rezone the property which demonstrates the public interest would be met. . . . Planning Commission Minutes October 13, 1993 Page 8 Peter Granlund stated Mr. Ralston' s rezone has already been denied by the Planning Commission and City Council and the City should do the same with this request. Parking lots would represent an intrusion into single family neighborhoods. There being no further public testimony, Chairman Winters closed the public hearing. Commissioner Alexander stated he finds the proposal to be too broad, but would be willing to consider a more restrictive alternative such as limiting where such a conditional use could be located with appropriate standards. He noted several instances of parking lots located in the alleys that separate the commercial and residential properties on either side of Eighth Street, including some that appear to be illegal. He felt that the issue is complex and important, and should be considered as a long range agenda item. Commissioner Catts moved to recommend the eity Council deny the proposed zoning code amendment citing the following findings and conclusions: FindinKS: 1. The proposal is to allow parking lots as a conditionally permitted use in the RS-7 zone. 2. There are several Comprehensive Plan Goals, Policies and Objectives identified which are most relevant to the proposal. They include Goals Nos. 3 & 5; Commercial Policies Nos. 1-3; Circulation Policies Nos. 7 & 8; Social Objective No.1 and Land Use Objectives Nos. I, 2 & 5. 3. Parking lots are listed as conditionally permitted uses in the RHO, OC, CN, CSD, ACD and CBD zones and are not listed in the RMD, RS-9, RS-7, LI and M-2 wnes. 4. Vehicular impacts of a parking lot include noise, glare, pedestrian safety and traffic congestion. 5. The purpose of the RS-7 District is to create and preserve urban single-family residential neighborhoods consisting of predominantly single-family homes. 6. Parking for single family homes is usually provided on each lot on which the house is located. Parking lots are not functional attributes to single family residential uses. Conclusions: A. The Zoning Code Amendment is not in the public use and interest. Parking lots cannot be sufficiently conditioned to ensure they are compatible with single family neighborhoods and create adverse impacts on residential areas. B. The Zoning Code Amendment is not consistent with the Comprehensive Plan Goals and Policies, in particular, those identified in Finding No.2. Planning Commission Minutes October ]3, ]993 Page 9 . C. The proposed amendment is not consistent with the intent of the RS-7 zone. The motion was seconded by eommissioner Nutter and passed 7-0. Brad Collins indicated the Planning Department will prepare an analysis on the issue and present it to the Planning Commission in the near future. ZONING CODE AMENDMENT - ZCA 93(10)03 - PAULIN. CSD-Cl. Community Shopping Districts City-wide: Proposal to amend Zoning Ordinance No. 1709, as amended, to permit those residential uses permitted in the RHD, Residential High Density, District in the CSD-Cl, Community Shopping Districts as permitted uses. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. . Cindy Paulin, 314 W. 8th Street, explained she moved into the CSD-Cl zone and subsequently had difficulties with establishing a family day care home in the CSD-Cl zone. The proposed amendment would allow the residential use to be expanded in an area of the building that has been previously used for commercial uses. She does not believe the amendment will result in a large influx of new homes in the CSD-Cl zone. When asked if she checked the zoning regulations before moving into the house, she responded she hadn't. She had lived in the CSD- C2 zone for 10 years and didn't know until recently that her day care there was not in conformance with city codes. Brad Collins explained the first floor of the site lost its legal non-conforming status when the non-conforming residential use ceased and was replaced by a conforming commercial uses. Nancy McHenry, 1752 Freshwater Bay Road, stated day care is a use needed on a daily basis by adjacent residents and therefore is consistent with the purpose statement of the CSD-Cl zone district. The state requires the applicant to live in the house where the family day care facility operates and requires it to be on the first floor. The City won't let the home expand to the first floor. Family day care is not listed as permitted in any zone, it is only listed as an exempt home occupation. She presented a map of the CSD-Cl which showed many single family homes that remain. None of the homes have vehicular access to 8th Street. Access is provided via the alleys. Mike Libera, 314 W. 8th Street, stated that owners of single family homes in the CSD-C 1 zone district have difficulty in selling their homes, as lenders will not make loans on non-conforming facilities. The proposed amendment would benefit all of the home owners in the zone. Cindy Paulin added that she did not want to be subject to conditional use permit review year after year. . There being no further testimony, Chairman Winters closed the public hearing. Commissioner Alexander moved to recommend the City Council deny the zoning code amendment citing the following findings and conclusions AND recommend the City Council initiate further public hearings before the Planning eommission and City eouncil to consider allowing the residential uses as conditionally pennitted in the CSD-Cl zone: . . . Planning Commission Minutes October 13, 1993 Page 10 Findin&s: 1. The proposal is to allow those residential uses that are permitted in the RHD zone to be permitted in the CSD-CI zone, and to eliminate the requirement for a conditional use permit for single family and duplexes on "C" Street between Ninth Street and Lauridsen Boulevard. 2. There are several Comprehensive Plan Goals, Policies and Objectives identified with are most relevant to the proposal. They include Goals Nos. 1,2,3 & 5; Residential Policies 11 and 15-17; Commercial Policies Nos. 3, 5 & 12; Circulation Objective No.1; and Land Use Objectives Nos. 1 & 2. 3. Single family is allowed as a permitted use in the OC and CN zone and with a conditional use permit on "C" Street between Ninth Street and Lauridsen Boulevard. The remaining commercial zones alloW apartments. 4. The higher intensity commercial use zone creates vehicular and non-vehicular impacts on adjacent uses including noise, glare, pedestrian safety and traffic congestion. 5. Eighth and "C" Streets where the CSD-Cl zoned properties located are identified as arterial streets. 6. The purpose of the CSD-Cl zone district is to provide daily commercial services in close proximity to residential uses. 7. Much of the CSD-C 1 zoned property is located adjacent to RS-7 zoning including the area on the south side of the Eighth Street corridor and both sides of the I1C" Street corridor. 8. A Determination of Non-Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on September 14, 1993. Conclusions: A. The Zoning Code Amendment is not in the public use and interest as it would cause safety and congestion problems by allowing single family homes to locate on more heavily travelled roadways and would place a burden on commercial uses to mitigate against impacts on residential uses located in the commercial zone. B. The Zoning Code Amendment is not consistent with the Comprehensive Plan, in particular, Residential Policy No. 11 which encourages single family lots to be located on local or collector streets and the several goals, policies and objectives that encourage land use compatibility (Goal No.3; Commercial Policy No.3; and Land Use Objectives Nos. 1 & 2). C. The proposed amendment is not consistent with the intent of the CSD-Cl zone as it allows a use that does not provide for the daily commercial needs of surrounding residential area. . . . Planning Commission Minutes October 13. 1993 Page 11 The motion was seconded by Commissioner Nutter and passed 5-2, with Commissioners Souders and Philpott voting against the proposal, as they believe the use should be allowed without a conditional use permit. The Commission agreed that Chairman Winters will be at the next Council meeting to assure that the Council understands the Planning Commission recommendation, V. COMMUNICA TIONS FROM THE PUBLIC None. VI. STAFF REPORTS Brad Collins discussed the upcoming agendas for the upcoming long range meetings. It was decided that the October 27th meeting would be cancelled, that housekeeping and parking ordinance amendments be reviewed on November 17th, and the Capital Facilities Plan be reviewed on December 15. He provided an update on the County Commissioners decision to select Deer Park Road as the eastern boundary of the Urban Growth Area. The City Council will review that decision next Tuesday. He encouraged Planning Commissioners to sign a petition to create a Planning Commissioner division in the State APA Chapter. Finally, the City Council was concerned with the fact that so few residents were included on the Shoreline Master Program Citizen Advisory Committee. Vll. REPORTS OF mE eOMMISSION Commissioner Philpott asked that staff check to see if trucks at Ruddell's Car Lot be allowed to unload in the public right-of-way. Commissioner Nutter noted the trucks are driving down the residential streets after they have unloaded. Commissioner Campbell asked whether Commission members have attended conferences. Brad Collins indicated that in the past Commissioners have attended conferences, and if anyone is interested in a particular conference, there may be some funds available to defer the costs of attending. Vill. ADJOURNMENT The meeting adjourned at 12:15 AM. B Bob Winters, Chairman ~ PREPARED BY: John Jimerson . 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