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Minutes 11/09/1994 . . . AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 November 9, 1994 7:00 p.m. I. CALL TO ORDER ll. ROLL CALL m. APPROVAL OF MINUTF.S: Meeting of October 26, 1994 IV. PUBLIe HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 94(11)08 - CLALLAM TRANSIT AUTHORITY. Newell Road: Request for a conditional use permit to allow an 80-foot radio tower with an 8-foot antenna in the LI, Light Industrial District. 2. STREET VACATION PETITION - SAFEWAY - STY 94(11)08. Fourth Street: Petition to vacate a portion of Fourth Street situated west of Lincoln Street to Laurel Street. 3. ZONING CODE AMENDMENT - ZCA 94(11)0 - CITY OF PORT ANGELES. Zonin~ Lot Covenant Usage. V. COMMUNlCATIONS FROM mE PUBLIC: VI. STAFF REPORTS: PLANNING COMMISSION: Orville Campbell, Chair, Cindy Souders, Bob Winters, Bob Philpott, Bob King, Tim Gennan, and Linda Nutter. STAFF: Brad Collins, Director, John Jimerson Associate Planner, Sue Roberds Office Specialist, and David Sawyer, Scnior Planner. . . . VII. REPORTS OF COMMISSION MEMBERS: vm. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Depanment 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 spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMiSSION Port Angeles, Washington 98362 November 9, 1994 7:00 P.M. CALL TO ORDER Chair Campbell called the meeting to order at 7:00 P.M. ROLL eALL Members Present: Orville Campbell, Tim German, Linda Nutter, Bob Philpott, Bob King and Bob Winters, Cindy Souders. Members Absent: None. Staff Present: John Jimerson, Brad Collins, Ken Ridout, Bruce Becker. Public Present: Dave Olexer, Terry Weed, Susan Feiro, Paul Dole, Larry Hurd, Werner Quast, Len Beil, A. Olson, Marni Heffron, Terry Payseno, Brian Coughenour, Rusty and Heather Buckmaster, Guy Lund, Carrie Moore, Peter Ripley, Roger Smith, Paul Gold. APPROVAL OF MINUTES Commissioner Philpott moved to approve the minutes of the October 26, 1994, meeting with two changes. On page one, list Linda Nutter and Bob Winters as excused and on page six amend the last sentence of the last paragraph: "...proposed that development in the UGA will encourage sewers provided by the City or P.U.D. but, if the sewer system would cost at least rIfty percent more than the sewer septic, septic systems would be permitted. II The motion was seconded by Commissioner King and passed 5-0, with Commissioners Nutter and Winters abstaining. PUBLIC HEARINGS CONDITIONAL USE PERMIT - CUP 94(11)08 - CLALLAM TRANSIT AUTHORlTY, Newell Road: Request for a conditional use permit to allow an 80-foot radio tower with an 8-foot antenna in the LI, Light Industrial District. John Jimerson reviewed the Department Report. Chair Campbell opened the public hearing. Terry Weed, Clallam Transit, clarified the site location is 830 W. Lauridsen Boulevard. The 19th Street address is their current business address. The administration/maintenance facility is . . . Planning Commiasion Minutes November 9, 1994 Page 2 expected to be completed by May, 1995. The location and height of the radio tower was based upon the technical requirements for the radio system to work. The FAA and Port have approved the tower, the only requirement being to place a beacon at the top. There being no further testimony, Chair Campbell closed the public hearing. Commissioner Philpott moved to approve the Conditional Use Pennit, citing the following findings and conclusions: Findings: 1. The request is to allow a radio tower serving Clallam Transit to be located near the southwest comer of Lauridsen Boulevard and Tumwater Truck Route. The tower has an overall height of 891-6", and be 2 feet wide at the base, tapering to 14" wide at the top. A beacon will be provided at the top of the tower. 2. The 7.5 acre site is being improved with administrative offices and a bus maintenance facility for Clallam Transit. 3. A regulated wetland is located on the site for which a wetland permit has been approved. 4. The Comprehensive Plan identifies the site as Industrial. Goals, Policies and Objectives of the Comprehensive Plan which have been identified as being most relevant to the proposal are contained in the staff report. 5. The tower structure will be setback about 40 feet from Tumwater Truck Route, 120 feet from Lauridsen Boulevard and 720 feet from Newell Road. 6. The site is zoned Light Industrial. Surrounding properties are zoned L.L as well, except the residential property on Newell Road. 7. A Determination of Non-Significance was issued for the project on November 2, 1994. 8. The project has received F.A.A. approval (#94-ANM 0414-0E). eonclusions: A. The proposed use is compatible with the surrounding industrial and residential land uses and the intent of the Light Industrial zone. B. The Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. c. The proposal is consistent with the Comprehensive Plan, as it supports public transit operations located in an appropriately zoned location. Planning Commission Minutes November 9, 1994 Page 3 . The motion was seconded by Bob King and passed unanimously. STREET V ACA TION PETITION - SAFEW A Y - STY 94(11)08, Fourth Street: Petition to vacate a portion of Fourth Street situated west of Lincoln Street to Laurel Street. John Jimerson reviewed the Department Report. He clarified that the PM peak traffic on Fourth Street included only 37 through trips. The remaining trips were vehicles going to Safeway. The impact of the dispersal had also been analyzed, with the intersection of Laurel and Fifth Streets seeing the greatest increase - 16 cars during the PM peak hour. He indicated the applicant had suggested changes to conditions Nos. 1 and 6, and that staff concurred. Chair Campbell opened the public hearing. John Keegan, 1501 4th Avenue, Seattle, represented the applicant. He stated there would be public benefit with vacating the streets including a safer street pattern and economic benefits. He introduced the other applicant representatives. Mitchell Johnson, 1000 124th A venue NE, Bellevue, Safeway staff architect, explained the design of the building, site and circulation system and the proposal for relocating the U.S. West transmission lines. The store contains 53)000 s.f. of floor area, compared to 57)000 s.f. in the Sequim store. . Terry Payseno, 62 Charles Way, Sequim, is the Safeway store manager. He indicated the existing store is outdated - there are high maintenance costs, a messy electrical system, crowded checkstands and deli area, a road between the store and parking lot, and a sloped parking lot. Further, to compete with Costco, additional room is needed to sell bulk items. The expansion will create 15-20 new jobs and will help reduce the seasonal swings in the number of jobs from summer to winter. Marni Heffron, Traffic Engineer, stated she evaluated impacts on the intersections around the site. They all will operate at an acceptable level of service. She considered the PM peak traffic (4:30 to 5:30) and also compared summer and winter traffic levels. She indicated there would be no degradation in traffic LOS resulting from the project. She responded to questions from the Commission on interior circulation. . John Keegan, noted that the building actually contains 55,000 s.f. and that Finding 6 should be changed. He supports the changes to conditions 1 and 2 as indicated by staff. He reiterated the project will result in improved circulation and traffic safety. The project will enhance downtown and is consistent with the comprehensive plan and zoning of the site. Safeway cannot build a new store without the street vacation. If it is not approved, the building is likely to deteriorate until it is no longer economically viable. He explained that Safeway will be building a very expensive vault to accommodate the U.S. West transmission lines. In response to the staff report comments on dispersal of shopping opportunities, he noted that if stores were located outside of the core area and Safeway was to abandon this site, the dispersal of stores would not have the effect of reducing vehicular dependency or providing easy access to shoppers. . . . Planning Commission Minutes November 9, 1994 Page 4 The Planning Commission took a break: at 8:20. Letters from the public were distributed to them for their consideration. The Commission reconvened at 8:30. Brian Coughenour, 101 E Fifth Street, owns the property adjacent at the comer of Laurel and Fifth Streets. Safeway's auxiliary parking lot is wasted space. Fourth Street in effect acts as an entrance to Safeway, both from Laurel and Lincoln Streets. The vacation will eliminate a dangerous intersection. Larry Hurd, 132 W. Fourth Street, lives one half block west. He indicated very little traffic uses Fourth Street and he supports the vacation. Werner Quast 3806 Park Knoll, would like to see the new store have better restrooms with proper signage. He is concerned that west end residents are likely to approach Safeway from the west through residential streets rather than use the congested Lincoln Street. Guy Lund 114 W. Fifth Street, said he owns several apartments in the area and an office building. The proposed project will improve the area. Carrie Moore, 1215 S. liB" Street, said she has worked at Safeway for 17 years. She is excited at the prospect of working in a new store. The bigger store will provide new jobs. Peter Ripley 114 E. Sixth Street, said the new store will provide more job opportunities and will better serve the community. Roger Smith, 1805 E. Fifth Street, said Safeway is one of the better businesses in town. It is important to maintain a high quality of life. Paul Gold, 2027 W. 10th Street, works at Land Title and has observed the traffic in the area. The intersection at Fourth and Lincoln is very dangerous, especially during the winter. The vacation will improve the situation. He lives on the west side and would shop at Safeway even if there was a west side store constructed. There being no further testimony, Chair Campbell closed the public hearing. In response to questions, Ms. Heffron indicated that left turns can be made into the site from Lincoln Street, but a curb will be installed to ensure adequate stacking room. Mr. Johnson indicated that the total number of parking spaces would increase from 224 to 243. Chair Campbell asked if Public Works is satisfied with the traffic analysis. Ken Ridout responded that the City Engineer reviewed both submittals and the site plan and has approved them. The concerns have already been ironed out. Chair Campbell asked for an explanation on the Fire Department requirement for hydrants. Bruce Becker answered they don't know the exact location for the fire hydrants, but they need to be put in place by the time the street is closed in order to provide fire protection to the existing building and the new building as it is being constructed. . . . Planning Commission Minutes November 9, 1994 Page S Commissioner Nutter asked if the street configuration could be further reviewed by staff. Brad Collins suggested a change to Condition No. 5 to require City Engineer approval of the intersection improvements and driveway locations. Commissioner Souders moved to forward a recommendation of approval of the street vacation to the City Council, subject to seven conditions and citing the following findings and conclusions: Conditions: 1. The street vacation shall not be finaled until a building permit is issued or the work commences for the vertical relocation of the U.S. West communications lines in Fourth Street. 2. Final occupancy of the store shall not be allowed until the street vacation is complete and a short plat combining all of the Safeway properties and vacated street right-of-way has been recorded with the County auditors office. 3. The street shall remain open until required to be closed for construction. 4. Land Title shall be provided an access easement north of their property from their site to Lincoln Street. 5. The intersection improvements and driveway locations shall be installed as contained in the traffic report and site plan provided for SEP A review and approved by the City Engineer. 6. The cost of relocating any City and U.S. West utilities in Fourth Street shall be borne by the applicant. A 20 foot easement along any sewer and water lines shall be provided to the City and an easement acceptable to U.S. West shall also be provided. Findings: 1. The request is to vacate the Fourth Street right-of-way between Laurel and Lincoln Streets. The area to be vacated consists of about 0.8 acres. 2. The adjacent property to the south is zoned Residential Single Family (RS-7) and to the north is zoned Community Shopping District (CSD). 3. Land uses abutting the right-of-way include Safeway (including parking lots) and the Land Title office building. 4. The Comprehensive Plan identifies the area as commercial, with high density residential designation for properties west of Laurel Street. 5. The goals, policies and objectives of the Comprehensive Plan have been reviewed Planning Commission Minutes November 9, 1994 Page 6 . and the most relevant identified in the staff report. 6. The purpose of the street vacation is to allow the construction of a 55,000 square foot grocery store to replace an existing 46,700 s.f. building. 7. The City Engineer has reviewed the proposed layout and has indicated the closure of Fourth Street west of Lincoln Street will improve the Lincoln/Fourth Street intersection. 8. The vacation will eliminate the roadway that separates the Safeway parking lot from the store. 9. Without an access easement across the Safeway property, the vacation would eliminate the egress from the Land Title site to a public street. Conclusions A. Vacation of the right-of-way is in the public use and interest as it would allow development of a larger grocery store resulting in increased tax revenues, employment and reinvestment near the commercial core of the community. The vacation of the street would improve the traffic safety and flow of the Lincoln/Fourth Street intersection and would eliminate a potential pedestrian traffic hazard - the crossing of Fourth Street from the auxiliary parking lot. . B. The proposed use is consistent with the land use map of the Comprehensive Plan. The street vacation is consistent with the land use Goals, Policies and Objectives of the Comprehensive Plan listed in the staff report, specifically those that encourage economic, development and diversity and stability and improved traffic flow and pedestrian safety. The motion was seconded by eommissioner Philpott and passed unanimously. The Commission took a break at 9; 10 and reconvened at 9:20. ZONING eODE AMENDMENT - CITY OF PORT ANGELES - ZCA 94(11)06: Zoning Code Amendment pertaining to applicability of zoning lot covenants. John Jimerson provided a history of the proposal dating back to last July. He indicated the City Council had considered the Planning Commission recommendation and has remanded the item to the Planning Commission for further consideration, specifically, to consider the appropriateness of allowing zoning lot covenants in infill situations even if the resulting lot was still non-conforming. He referenced the two variations to the proposed language as contained in the staff report, noting the staff preference for Variation One. . Chair Campbell opened the public hearing. . . . Planning Commission Minutes November 9, 1994 Page 7 Werner Quast, 3806 Park Knoll, expressed his support for Variation Two despite its' loopholes. He discussed the development on Rose and Thistle as an example of where a developer took advantage of loopholes. He also discussed the problems created by substandard development such as traffic, runoff and safety impacts. Leonard Beil, 3721 Park Knoll, explained how a boundary line adjustment allowed him to solve problems created by previous platting mistakes. He commented on how increased runoff caused by new development can exacerbate existing stormwater problems. There is an issue as to who is to pay for the existing impacts and those caused by the new development. There being no further testimony, Chair Campbell closed the public hearing. After lengthy discussion on the difficulties of ensuring provision of infrastructure to meet the demand created by new development in pre-platted areas, Commissioner Winters moved to recommend a third variation for the City Council consideration as outlined below, citing the following fmdings and conclusions: Section 17.96.045 Zoning Lot Covenants-Applicability. Zoning lot covenants, as defined in PAMC 17.08.130(C), may be used to allow a property owner to designate as a zoning lot two or more adjacent lots that either: A. Have one legal residential structure encroaching onto all of the said lots; or B. Results in a lot that meets the zoning and subdivision requirements; or C. Results in a lot that does not meet the zoning and subdivision requirements, provided that the owners sign a no-protest agreement for the formation of an L.l.D. for meeting the required development standards. The covenant shall be recorded with the County Auditor's office and a copy of the recorded covenant shall be provided to the Planning Department. Once filed, the covenant may only be removed through compliance with Chapter 58.17 RCW and the City's subdivision and/or short plat regulations. 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 Goal B; Transportation Element Policies B.l1 & 8.18; Utilities and Public Services Element Policy No. D.l; and Capital Facilities Element Goal B and Policy A.9. 2. 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. . . . Planning Commission Minutes November 9, 1994 Page 8 3. The lack of specified authority for zoning lot covenants has resulted in expanded use. 4. A Determination of Non-Significance was issued for the proposal on June 24, 1994. 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. 6. The predominant minimum lot size in the various zone districts is 7,000 square feet. Conclusions: A. The Zoning eode 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.1. C. The expanded use of zoning lot covenants has resulted in the subversion of the City's subdivision regulations and increased development density without needed supporting infrastructure improvements. The motion was seconded by Commissioner German and passed unanimously. eOMMUNlCA TIONS FROM THE PUBLIe None. STAFF REPORTS John Jimerson indicated the Shoreline Master Program has been forwarded to the State for approval. The State will be conducting a public hearing in Port Angeles the second or third week in January. Brad Collins noted the appeal on the Albertsons rezone has been withdrawn. He reviewed the Planning Commission schedule for the rest of the year, noting there will be meetings on November 16th and November 30th to work on development regulations. The December 14th agenda will include development regulations in addition to the regular current planning items. REPORTS OF THE eOMMISSION Commissioner Winters noticed an ad is being aired on Cable TV calling for applications for Planning Commission vacancies. Staff indicated there were no vacancies. Commissioner Nutter asked when the City plans to go create the bike task force. John Jimerson . . . Plannillg Commission Minules November 9, 1994 Page 9 responded that he had been assigned to the project and he expected to get started after the start of the new year. ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 p.m. ~ &0' 9 Brad Collins, Executive Secretary Orville Campbell, Chair PREPARED BY: John Jimerson . . ~ PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: -N oJev<.1 ~ OJ ( (q1 c..; "l65 pA-