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HomeMy WebLinkAboutMinutes 11/08/1989 . ....., ., . AGENDA paRT ANGELES PLANNING COMMISSlaN 321 East: Flft:h St:reet: Part: Ang8les, Washlngt:an 983&2 NOVEMBER 8, 1989 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of October 25, 1989 IV. PUBLIC HEARINGS: 1. REZONE REQUEST - REZ 89(07)5 - DEL HUR, INC., Del Guzzi Drive: Request for rezone of approximately 36 acres from RS-9, Residential Single-Family, to RMF, Residential Multi- Family. (Continued from the September 13, 1989, meeting). 2. SHORELINE MANAGEMENT PERMIT - SMA 89(10)103 - PORT OF PORT ANGELES, Boathaven, Marine Drive: Request for a Permit to allow 14 piling to be used to secure launch ramp floats at the Boathaven, located inside the timber breakwater, in the M-2, Heavy Industrial District. 3. SHORELINE MANAGEMENT PERMIT - SMA 89(11)104 - K-PLY, 439 Marine Drive: Request for a Permit to allow the construction of 400' of bulkhead and 4 pile fenders for berthing, located in the M-2, Heavy Industrial District (Dept. is requesting continuation). 4. CONDITIONAL USE PERMIT - CUP 89(11)18 - BOURGET, 6th and ME" Streets: Request for a Permit to allow four duplexes to be constructed in the RS-7, Single-Family Residential District. 5. CONDITIONAL USE PERMIT CUP 89(11)20 - BRUMMETT, Lower Elwha Road: Request for a Permit to allow animal husbandry 1n the LI, Light Industrial District. 6. CONDITIONAL USE PERMIT EXTENSION - CUP 88(09)19 HO - WILLIAMS, 350 Viewcrest Avenue: Extension request to allow continuation of a beauty shop as a Home Occupation, located in the RS-7, Single-Family Residential District. (Referred from the September 21, 1989, Administrative Hearinq). 7. CONDITIONAL USE PERMIT EXTENSION - CUP 88{09)HO - GERMAN, 3131 Regent Street: Extension request to allow continuation of a day care as a Home Occupation, located in the RS-7, Single- Family Residential District. (Referred from the October 19, 1989, Administrative Hearing). . . . PLANNING COMMISSION AGENDA November 8, 1989 Page 2 of 2 V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT The. Pla.nni.n.g Commi..6.6.ion w.ill not c.omme.nc.e. a nw he.aJr..ing be.yond. 10 P.M. Any .item not .6taJLte.d plL.iOlt to tha.t time. w1..ll c1U.torna..tic.a..Uq be c.ontinue.d to the. ne.xt JLe.gulcvt meet.ing On the Comm.i.6.6.ion. . . . PLANNING COMMISSION Port Angeles, Washington November 8, 1989 I. CALL TO ORDER Chairman Cornell called the meeting to order at 7:00 PM. II. ROLL CALL Members Present: Jerry Glass, Jim Hulett, Larry Leonard, Jerry Cornell, Donna Davison and Bob Philpott earrived late). Dick Wight Members Absent: Staff Present: Brad Collins III. APPROVAL OF MINUTES Mr. Leonard noted that he left the October 25, 1989, meeting after the Public Hearings. Director Collins suggested wording to the conclusions for approval of a Zoning Code amendment to the CSD-N Community Shopping District, to read as follows (from page 3): "A. The limited permitted uses in the CSD-N District can be better modified by restricting the size of facilities and/or hours of operation than by reclassifying permitted uses.1I Ms. Davison moved to approve the minutes with the amended wording to Conclusion A, Page 3, as suggested by Director Collins, and also to add a notation that Mr. Leonard had left the October 25, 1989, meeting following the public hearings. Jerry Glass seconded the motion, which passed unanimously. IV. PUBLIC HEARINGS REZONE REOUEST - REZ-89(07) 5-DEL HUR INC.. Del Guzzi Drive: Request for rezone of approximately 36 acres from RS-9, Residential Single Family, (continued from the September 13, 1989, meeting). Director Collins stated that information requested from the applicant in order to consider the rezone request, has not been received, and therefore the Department is requesting a continuation of this rezone request to the December 13, 1989, meeting of the Commission. Jim Hulett moved to continue the item to the December 13, 1989, meeting of the Planning Commission, at 7:00 PM, City council Chambers. Larry Leonard November 8, 1989 Page 2 of 9 . seconded the motion which passed unanimously. SHORELINE MANAGEMENT PERMIT - SMA-89 (11) 104-K-PLY, 439 Marine Drive: Request for permit to allow the construction of 400 feet of bulkhead and 4 pile fenders for berthing, located in the M-2 Heavy Industrial District. Director Collins explained that the Department is requesting a continuation of this Shoreline Permit request, due to modifications which the proponent may be requesting, as well as further environmental review information which has not yet been completed. Larry Leonard moved to continue the item to the December 13, 1989, meeting, at 7:00 PM City Council Chambers. Jim Hulett seconded the motion, which passed unanimously. CONDITIONAL USE PERMIT EXTENSION - CUP-88 (09) 18 HO-GERMAN 3131 Regent Street: Extension request to allow continuation of a day-care as a home occupation, located in the RS-7, Single Family Residential district. (Referred from the October 19, 1989, Administrative Hearing.) . Chairman Cornell noted a request from the applicant, Kelly German, to continue the extension request hearing to the December 13, 1989, meeting of the Commission. Mr. Leonard noted a memo from the Planning Department had indicated that the Germans would be requesting a continuation of the hearing. Jim Hulett moved to continue the item to the December 13, 1989, meeting, at 7:00 PM, Council Chambers. Larry Leonard seconded the motion, which passed unanimously. SHORELINE MANAGEMENT PERMIT - SMA-89(10)103 - PORT OF PORT ANGELES, Boat Haven. Marine Drive: Request for a permit to allow 14 piling to be used to secure launch ramp floats at the Boathaven, located inside the timber breakwater in the M2, Heavy Industrial District. Director Collins reviewed the Department report, Chairman Cornell opened the Public Hearing. . Ken Sweeney, Port of Port Angeles, was present. Mr. Sweeney stated that the staff report had adequately represented the Port's proposal. In response to questions from Commissioner Davison, Mr. Sweeney answered that there is sufficient space in the fairway between the moorage slips and the breakwater November 8, 1989 Page 3 of 9 . and the piling adjacent to the breakwater, to maneuver and navigate through the channel. He also stated that there will be approximately 20 feet between the piling and breakwater. There will be one row of floats, six feet to eight feet wide, tied to the piling. There has been no change in the location or the size of the piling at the location from the past; this will make the situation less temporary. The proposal is not for more moorage space, but for storage of the launch ramp floats. Jerry Glass moved to recommend approval of the Shoreline Management Permit with the following condition: 1. Department of Fisheries and state and local Health agency guidelines be observed; citing the following findings and conclusions: Findinqs A. The proposed pilings for boat launch float moorage is an expansion of the permitted Boathaven and Marina use. B. A SEPA determination of non-significance has been issued for this proposal by the Port of Port Angeles. . c. Fifteen policies and use regulations from the Port Angeles Shoreline Master Program and the Port Angeles Comprehensive Plan as cited above, are applicable to the Shoreline Permit application. Conclusions A. There will be no significant adverse impact from the proposed use on the Boathaven operation, aesthetics, and fisheries resource. B. The proposed boat launch float moorage piling are consistent with the requirements of the Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Code. Larry Leonard seconded the motion, which passed unanimously. CONDITIONAL USE PERMIT - CUP-89 (11) IS-BOURGET. sixth and E Streets: Request for permit to allow four duplexes to be constructed in the RS-7, Single Family Residential district. . (Mr. Philpott joined the meeting.) Director Collins reviewed the Department report. Following November 8, 1989 Page 4 of 9 . questions from the Commission on traffic impacts, Chairman Cornell opened the Public Hearing. Bill Lindberg, 630 East 8th street, was present representing the applicant. Mr. Lindberg said that the applicant intends to build four duplexes or six homes on the lots. He further stated that, in his opinion, a cluster of four duplexes would be less of an impact than six homes, and would provide more open space area. He indicated that he felt the impact to the area would be insignificant, and that the developer is trying to avoid a "tract" look for the duplexes. The terrain separates the view from the property to the north, and the lots are buffered to the south by Shane Park. Mr. Lindberg distributed pictures to show possible grouping/layouts and setbacks for the duplexes as proposed. Mr. Lindberg responded to questions from the Planning Commissioners as to the site location and the provisions of utilities. Mr. Lindberg said the applicant would be responsible for extension of utilities to service the sites. Lorraine Ross, 418 East Front street, stated support for the conditional use permit as proposed for the four duplexes. There being no further questions or comment from the audience, Chairman Cornell closed the public hearing. . FOllowing discussion Bob Philpott moved to recommend approval of the Conditional Use Permit for the four duplexes as proposed with the following condition: 1. The duplexes be kept to 1 story, using materials compatible to the surrounding residential development; and citing the fOllowing findings and conclusions: Findings: A. Four duplexes on contiguous lots served by local streets are proposed. B. The surrounding area is zoned and developed as an RS-7, Single Family Residential neighborhood. C. The density of the subject site is proposed to increase from six to eight dwelling units. D. The subject site is served by necessary municipal facilities for multi-family residential uses. E. The duplexes are proposed to be kept to single story with use of materials compatible to surrounding residential development. . F. A SEPA determination of non-significance has been issued November 8, 1989 Page 5 of 9 . for this proposed Conditional Use Permit. G. West 5th street and West 8th street, as they cross "E" street, are both collector arterials. Conclusions: A. Four duplexes on contiguous lots at this location does not pose a land use conflict between single family and multi-family uses. B. The subject site is located functionally close to arterials. C. The four duplexes, as proposed, would not constitute an undue concentration of population at mUlti-family densities within a single family zoning district, and the identi ty of this neighborhood would be preserved with the four duplexes, as proposed. Larry Leonard seconded the motion which passed 6 to o. The Commission took a 5-minute recess. . CONDITIONAL USE PERMIT - CUP-89(11) 20-BRUMMETT. Lower Elwha Road: Request for a permit to allow animal husbandry in the LI Light Industrial District. Director Collins reviewed the Department report and gave background on the use as proposed by the applicant. There was discussion concerning the requirement for residential fire sprinkler systems in this area. Chairman Cornell opened the public hearing. Noting that Ken Sweeney, Port Planner, was present in the audience, and that there were no further questions or comments from those present, Chairman Cornell closed the public hearing. Donna Davison moved to approve the Conditional Use Permit with the following conditions, findings and conclusions: Conditions: 1. The Conditional Use Permit for agricultural use will cease with the termination of the lease with the Port. . 2. Accessory to the agricultural use, a mobile home may be located on site with an administrative temporary permit. Findings: November 8, 1989 Page 6 of 9 . A. The Port of Port Angeles approves the application. Animal husbandry (pasturing of horses) is a conditional use within the LI Light Industrial District. B. C. The subject property is located by rural residential and agricultural uses. D. Residential uses are not permitted as principle uses in the LI, Light Industrial District. Conclusions: A. The Port can control uses that may be adversely affected by airport operations or future industrial use expansion. B. The site is physically suited for the proposed use. C. The use is compatible with surrounding property uses in the vicinity. D. This use/ as conditioned, will not be detrimental to the health, safety, comfort, or welfare of the general public, nor defeat the purpose of the LI, Light Industrial Zone, by introducing uses that are not conditional to long-term Port activities. . E. Temporary, permitted accessory uses, including a residential mobile home, can be permitted as conditioned, with an administrative temporary use permit. Jerry Glass seconded the motion, which passed unanimously. CONDITIONAL USE PERMIT EXTENSION CUP-88 (09) 19 HO ~ WILLIAMS. 350 Viewcrest Avenue: Extension request to allow continuation of a beauty shop as a home occupation, located in the RS-7, Single Family Residential District (referred from the September 21, 1989, Administrative Hearing). Director Collins reviewed the Department report as well as the action referring the item to the Planning Commission, following the administrative hearing held September 21, 1989. Jim Hulett removed himself from the room citing the Appearance of Fairness Doctrine. Director Collins reviewed the Department report. Following questions from the Commission on procedure, Chairman Cornell opened the public hearing. . Karen Jensen, 3114 South Peabody, Chris Brown, 3207 Maple street, and Clay Rennie, 401 East vista view, spoke in opposition to continuation of the home occupation for a five year period, and for extension of the hours, per the November 8, 1989 Page 7 of 9 . applicant's request. Residents concurred that the area is not a commercial area, is a critical corner, has inadequate parking for customers and residents, and is a congested area as well as being an area of thoroughfare and pick-up for children and school buses. The residents of the area also indicated that with the increase in residential development south of the area, Peabody street at this location is the main artery to development south of the area. There was considerable discussion on compliance with the permit condition over the past year. Mr. Collins indicated that the use could be self-enforcing, in that the applicant could require customers to park off street. The administrative hearing officer concluded a reduction from two customers to one customer at a time would reduce conflict with customers coming and going, and therefore relieve possible congestion at the site, following testimony received September 21, 1989. Judy Haggerty, stated that she has been a hair dresser for many years in the City, and that it is not profitable to have one customer at a time. There was discussion between Commission members and Mrs. Haggerty, as well as from Director Collins, indicating that this use should be considered as a home occupation, not a commercial operation. . There being no further questions or comment from the audience, Jerry Cornell closed the public hearing. Larry Leonard moved to approve the extension of the conditional use permit for an additional five year period with the original three conditions dealing with the fire extinguisher, the hours of operation, and that there would be no more than two customers at a time on site, as well as additional conditions dealing with the Public Works Department I s approval of the graveled area on site to be reserved for turn around only but no parking, and to be signed accordingly, as well as that customers will use the off street parking, rather than parking in the street. The motion died for lack of a second. There was considerable discussion concerning off - street parking requirements for home occupations. It was stated for the record that off-street parking is a requirement for all home occupations. Larry Leonard moved to approve the extension request with the following conditions, findings, and conclusions: 1. One 2AIOBC fire extinguisher shall be installed (and serviced on a yearly basis as required UFC, or more frequently, if needed) and a smoke alarm provided. . November 8, 1989 Page 8 of 9 . 2. The hours of operation shall be limited to 9:00 AM to 5:00 PM, Monday through Saturday. 3. No more than two customers at a time shall be scheduled for an appointment on the premises at anyone time. 4. This extension is valid for a one-year period. Findinqs: A. Complaints have been received both during the year of operation and at the public hearing; B. There have been up to three customers on the premises at one time and up to ten customers in a day; c. Home occupations are allowed insomuch as they mitigate the outward appearance and impacts of the commercial activity on the principally permitted residential uses. Conclusions: A. The convenience of customers is subordinate to the considerations of neighboring residents, particularly with regard to hours of operation; . B. Extension of hours and conditions of approval are not appropriate until conflicts with residential uses have been resolved; and C. Problems generating complaints can be mitigated by conditions as stated. D. The proposed home occupation for a beauty shop does not involved equipment or other processes which introduce noise or hazards in excess of those normally found in residential areas. E. Provided the conditions are enforced, the home occupation will not significantly increase local vehicular or pedestrian traffic. F. Provided the conditions are enforced, the proposed beauty shop should not endanger the public health, safety, morals or welfare of the community. . Jerry Glass seconded the motion which passed 5 to 1, with Donna Davison voting rrNayrr. Ms. Davison stated that her opposition vote was due to the fact that this is a critical corner with congestion and school activities. She stated her original concerns were over the traffic safety related to the school district area, the backing into Peabody, and over parking, and these concerns had only been intensified, not resolved. The applicants had had one year to show that the . . . November 8, 1989 Page 9 of 9 business would not impact the neighborhood, and she did not feel that had been accomplished. Chairman Cornell noted possible confusion in the wording of the Home occupation r s Chapter of the Zoning Code and the appeal of the conditional use permit wording in the administration and enforcement section of the zoning Code, pertaining to the application. The Chairman indicated that those individuals who had signed in on the attendance roster and checked their name would be notified of the appropriate procedure for final approval or denial of the Williams Conditional Use Permit. Commissioner Hulett returned to the dias. V. COMMUNICATIONS FROM THE PUBLIC None VI. STAFF REPORTS Donna Davison left the meeting. There was discussion concerning the order of testimony which should be set as policy for public hearings. It was determined to encourage the City Council to appoint a new Planning Commissioner at the earliest possible date. Mr. Collins reported that the staff reports on possible amendments to the Zoning Code and to the Adult Entertainment cup Ordinance would not be ready by November 14. He requested that the Commission plan on continuing the housekeeping amendments to the December 27, 1989 meeting. The Commission concurred. VII. REPORTS OF COMMISSIONERS Larry Leonard suggested possible review of the Home Occupations Chapter of the Zoning Code, as it relates to extensions granted by the Planning Director. VIII. ADJOURNMENT Meeting adjourned at 11:20 PM. I~ Jerry Cornell Chairman . ~L.4 NM\~G CITY of PORT ANGELES ATTENDANCE ROSTER TYPE OF l-1EETING DAIE OF !1EETING IDCATICN PLANNING COMMISSION 71~-~/9if CITY HALL ADDRESS: NAME: v~ ~r-J d~ 73?" 2-.b ~oz LUes, .I I t:!J V J<> be- ~ ~ ~ 2-{ ~s;-",-..,.y- ~~ . .