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HomeMy WebLinkAboutMinutes 11/14/1990 r' . .. . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 November 14, 1990 7:00 P.M. I. CALL TO ORDER ll. ROLL CALL m. APPRO V AL OF MINUTES: Special Meeting of October 30, 1990 IV. OLD BUSINESS: 1. PUBLIC HEARING: STREET V ACA TION REQUEST - STV 90(09)5 - WINTERS. East Second Street: Request to vacate a portion of City right-of- way east of Penn Street. 2. PLANNED RESIDENTIAL DEVEWPMENT - DEL HUR. INe.. Del Guzzi Drive: Consideration of findings and conclusions to deny plans submitted for a proposed planned residential development on property located on Del Guzzi Drive adjacent to Ennis Creek, between State Route 101 and Lindberg Road. (Not a public hearing. Continued from October 30, 1990.) V. NEW BUSINESS: PUBLIC HEARINGS: 1. REOUEST FOR ANNEXATION - ANX 90(10)1- FREEMAN. South Albert: Request for annexation of approximately 5.7 acres. 2. CONDITIONAL USE PERMIT - CUP 90(11)20 - ANDERSON. 232 West Tenth Street: Request to allow a residential use in the CSD-C, Community Shopping District, between Ninth Street and Lauridsen Boulevard. " . .~ '. Planning Commission Agenda Page 2 3. PARKING VARIANCE. PKV 90(11)5 - CAMMACK. Southwest corner of Vine and Second Streets: Request for a reduction in the required number of parking spaces to be provided in association with a pharmaceutical and associated medical supply facility from the required 60 spaces to 32 spaces. 4. CONDITIONAL USE PERMIT - CUP 90(11)21 - CLALLAM-.TEFFERSON COMMUNITY ACTION HEAD START. 719 South Laurel Street: Request to allow a preschool and educational support service for parents in the CSD-C 1, Community Shopping District. 5. SHORT PLAT APPEAL. SHP 90(08)10 . HENDRICKSON. Lauridsen Boulevard at east of Lincoln Park: Appeal of condition of short plat approval. V. COMMUNICATIONS FROM mE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS Vill. ADJOURNMENT NOTES: The Planning Commission will not, except at the discretion of the Chairman, commence a new hearing after 10:00 P. M. Project files and applicable City land use regulations may be reviewed prior to the public hearing in the Planning Department. Copies of all material in the files are available at a cost of $. 25 per page. 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: Sookesmen for the prooonents and opponents will be given an oDponunity to soeak to the request. Information submitted should be factual. relevant and not merely duplication of a orevious Dresentation. A reasonable time (JO minutes) shall be allowed the sookesman: 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 testinwny if the issue warrants it. Briefrebuttal (5 minutes) for proDonents and oJUlonents heard seoarately and consecutivelv with presentation limited to their sookesman. Rebuttal shall be limited to factual statements pertaining to Drevious testimony. Comments should be directed to the Planning Commission. not the City Staff reDresentatives Dresent. unless directed by the Chairman. Planning Commission: Larry Leonard, Chair; Ray Grover, Vice-Chair; Bill Anabel; Roger Calls; Donna Davison; Iim Huletl; Bob Philpott. Planning Staff: Brad Collins, Planning Direclor; Sue Roberds, Planning Office Specialist. r) . . . \ MINUTES Planning Commission Port Angeles, Washington 98362 November 14, 1990 I. CALL TO ORDER Chairman Leonard called the meeting to order at 7:00 P.M. II. ROLL CALL Members Present: Roger Catts, Jim Hulett, Larry Leonard, Bob Philpott, Cindy Souders and Bill Anabel staff Present: Brad COllins, Sue Roberds, Gary Kenworthy and Bruce Becker Chairman Leonard introduced Cindy Souders, the newly appointed planning commission member to those present, and welcomed her to the commission. III. APPROVAL OF MINUTES Bob Philpott moved to approve the minutes of the special meeting of October 31, 1990, noting two grammatical corrections to the minutes. Roger Catts seconded the motion which passsed 5-0, with Cindy Souders abstaining. Mr. Leonard informed the audience that the agenda would be reordered so that item #2 would be considered as the first item of business in order to dispense with the issue in a timely manner. IV. OLD BUSINESS PLANNED RESIDENTIAL DEVELOPMENT - DEL HUR. INC.. Del Guzzi Drive: Consideration of findings and conclusions to deny plans submitted for a proposed planned residential development on property located on Del Guzzi Drive adjacent to Ennis Creek, between State Route 101 and Lindberg Road. (Continued from October 31, 1990.) Chairman Leonard indicated that the developer, Del Hur, Inc., had submitted a partial Plan "C" for the commission I s consideration. Due to that, the City Attorney recommended that the Commission forestall taking action on Plan "A" and "B" until such time as a public hearing can be held on Plan "C". Planning Minutes November Page 2 .. Commission 14, 1990 Jim Hulett moved to hold a special pUblic hearing to consider a new Plan "c" for the proposed planned residential development on December 19, 1990, 7 P.M., City council Chambers. Roger catts seconded the motion, which passed unanimously. Mr. Collins noted that cindy Souders, the Commission's newest member, had not been present for the previous hearings and should be excused from the December 19th meeting. Commissioner Catts noted that he will not be available for the December 19th meeting due to previously scheduled plans. PUBLIC HEARINGS: 1. . . STREET VACATION REOUEST - STV 90(09)5 - WINTERS. East of Second Street: Request to vacate a portion of City right-Of-way east of Penn Street. Director Collins reviewed the Department Report. Chairman Leonard opened the public hearing. Everett winters, 1724 East Second Street, urged the Commission to recommend approval of the street vacation request as presented. Chairman Leonard said that state law requires the direction and focus be on serving the pUblic'S use and interest in approving right-of-way vacations. Mr. Leonard questioned Mr. Winters as to what the benefit to the public would be in vacation of this right-Of-way. Mr. Winters responded that the abutting property owners who had signed the street vacation request comprised one hundred percent of the abutting property owners in the area and that the undeveloped right-of-way is maintained and used by those property owners as access to their properties. He had contacted Mac Ruddell, the abutting commercial property owner to the east, who had indicated that he did not have plans to develop Second Street abutting his property. Mary Robson, 1728 East Second street, stated that she is the most easterly property owner at this location, and requested the commission recommend approval of the street vacation. Acquisition of the right-Of-way by the neighbors would provide a more adequate buffer between the residential area and the developing commercial activity to the east. She noted that due to the slopes in the area, there is a need for more buffer than currently exists. She has maintained the right-of-way . . . Planning Commission Minutes November 14, 1990 Page 3 since 1986 when she became the owner of the property, as had the previous owners. By past maintenance of the unopened right-of-way, the abutting property owners have demonstrated a commitment to the upkeep of the area. There is no need to develop this street to the adjoining commercial properties other than to provide access to those properties and the property owner of that property told her that his planned access would be from Highway 101 East and Golf Course Road. In closing, Ms. Robson urged the Commission to vacate the requested right-of-way, maintain the property, or come to an agreement with the property owners to maintain the right-of- way. There being no further discussion, Chairman Leonard closed the public hearing. Gary Kenworthy, City Engineer, said that it is common for abutting property owners to maintain an unopened right-of-way. Mr. Collins said that is his understanding the City has no current plans to open the right-of-way in the near future. commissioner Catts asked Fire Marshal Becker of the Fire Department has adequate access in this area at the present time. Fire Marshal Becker said that there is adequate access to both the apartments to the north of the alley and the residences to the south at this time. Access to the residences would be through the alley. Bob Philpott questioned what the main concerns of the City are at this location. He noted that the property owners have been maintaining the unopened right-Of-way for many years and that the right-of -way is not a throughway but serves only the abutting properties. Director Collins said that the main concerns of the City are future access to properties in the area, the potential for a solution to the storm water problems in the area, and the city would need to upgrade the 1/2 alley so that it becomes a standard access and limit the kind of development that could occur in the alley to eliminate sight distance problems and the like. The utilities are not the main concern. They do exist in the right-Of-way, but could be maintained with an easement. Planning Commission Minutes November 14, 1990 Page 4 . Mr. Philpott said that vacation of the right-of-way would encourage the property owners to continue maintenance of the unopened right-of-way and increase the property values in the area. Chairman Leonard restated that the primary concern in a street vacation request should be the public I s interest and use. Jim Hulett questioned the method of handling storm water drainage for the commercial property to the east of the site. Gary Kenworthy, City Engineer, said drainage for the commercial property would be to the north and east of the site, along Golf Course Road, and that no drainage would occur west of the site. Mr. Philpott said that it is in the public I s interest to vacate this right-of-way and vacation would encourage the abutting property owners to continue to maintain the area. . Roger Catts said that if the property owners were given reasonable assurance that the City did not intend to develop the right-of-way anytime soon, the property owners would probably continue to maintain and use the right-of-way as they have in the past. Jim Hulett expressed concern that the right-of-way might be needed for future development. Roger Catts moved to reoommend the City counoil deny this street vacation request citing the following findings and oonclusions: Findings: 1. The city maintains a 2" waterline through the area serving Lots 1 through 8 , Block 117, F . G. Richards Subdivision. The city Light Department maintains utilities in the area adjacent to Lots 4 through 8. 2. The Department of Public Works has indicated that property owners in the area have indicted a possible need for storm drainage facilities, which could be located in the Second street right-of-way. . 3. The right-of-way could be used to serve as secondary access to the rear of Lot 4 of the MacMillan Short Plat which currently has access from Highway 101 East. Conclusions: . A. The proposed street vacation is not in the public use and interest and would not be a public benefit. Jim Hulett seconded the motion, which passed 5-1, with Bob Pbilpott voting "nay". Director Collins informed the Commission that there were individuals in the audience who were concerned with the Planning Commission Minutes November 14, 1990 Page 5 . continuance of Item #1, Del Hur Development proposal, to December 19, address the Commission. Planned Residential 1990, who wished to The Chair recognized Robbie Mantooth, 2238 East Lindberg Road, who stated a concern that the December 19, 1990, meeting is too close to the holidays, and would not be a good date for a special meeting to consider Plan "c" of the proposal. She noted that one Commission member had already stated he would not be available for that meeting and stressed the importance that a full Commission be present for the discussion and that staff be allowed sufficient time to thoroughly review a new proposal. Following discussion and polling of the members as to their holiday plans, Jim Hulett moved to continue the December 19, 1990, meeting to January 16, 1991. Bob Philpott seconded the motion, which passed unanimously. REOUEST FOR ANNEXATION - ANX 90(10)1 - FREEMAN. south Albert: Request for annexation of approximately 5.7 acres. . Brad Collins reviewed the Department Report and presented visual material for the Commission I s consideration. Mr. Collins indicated that because of concerns over the legal description regarding rights-of-way and the adequacy of rights-of-way to platted'properties, staff could not recommend approval of the annexation as petitioned. Following lengthy discussion with staff, Chairman Leonard opened the public hearing. Julie Bondy, Planning Director, Northwest Territories, Inc., 717 South Peabody, stated that she was present as the applicant's representative. She said the applicant is intent on subdividing the property, following annexation to city standards. The applicant is not adverse to dedicating appropriate rightS-Of-way for development of the property to insure the publ ie's safety and welfare. Ms. Bondy stated that the interior streets do not exist, having been vacated by statute in 1909. She submitted a revised legal description in order to address the Planning Department's concern that the property description submitted with the petition did not include the abutting rights-of-way. The property owner is anxious to obtain annexation and Ms. Bondy urged the . Planning Commission Minutes November 14, 1990 Page 6 . commission to proceed with the annexation as proposed. The applicant is willing to work with the City to mitigate concerns expressed over access. Chairman Leonard noted that the City is concerned with public access to and within the plat. Interior lots are accessible only to the private lot owners, not the public. Ms. Bondy described various rights-Of-way access proposa Is and responded to questions from the Commission. Brad Collins further clarified the City'S concern over the approved access and noted that access could be from Scribner Road to the west of the site thereby eliminating a more circuitous route to the development. He was encouraged that Scribner Road could be a viable access and that the City could work with the applicant further on this request. There being no further discussion, Chairman Leonard closed the public hearing. . Chairman Leonard questioned staff on the possibility of a conditional annexation, conditioned upon successful replat of the property. Mr. Collins stated that he could answer the question at a further hearing which would be necessary due to the revision of the legal description submi tted by the applicant. Roger Catts moved to continue the item to the December 12, 1990, meeting of the Commission. Jim Hulett seconded the motion, which passed unanimously_ The Commission took a l5-minute break at 8:45 P.M.; the meeting reconvened at 9 P.M. CONDITIONAL USE PERMIT - CUP 90(11)20 - ANDERSON. 232 West Tenth Street: Request to allow a residential use in the CSD-C, Community Shopping District, between Ninth street and Lauridsen Boulevard. . Sue Roberds reviewed the Department Report. Following questions from the commission regarding yards and uses in the District, Chairman Leonard opened the public hearing. Rick Anderson, 19 Viewridge Drive, noted he intended to build an 1100 to 1200 square foot residence on the property as well as a large storage structure on the property. The residence would be a rental unit but the . . . Planning commission Minutes November 14, 1990 Page 7 storage structure would be for his personal use. Mr. Anderson said that he would store personal items in the structure, but being a small businessman, his work crews could use the items stored during the day in their work. Larry Leonard questioned whether Mr. Anderson would be storing lumber and other materials of his trade at the site. Mr. Anderson answered probably not, due to the fact that the suppliers normally pick up excess material from the job sites. Considerable discussion ensued regarding uses permitted in the CSD-C, Community Shopping District, conditional uses permitted in the district, as well as those uses associated with conditional uses. There being no further discussion or comment from the audience, Chairman Leonard closed the public hearing. Jim Hulett noted that separate storage buildings are not a permitted or conditional use in the CSD-C, Community Shopping District, and elimination of that possibility on this property would ensure a buffer area for the proposed residential use between the residential uses to the west and the developed commercial uses to the east. Mr. Hulett moved to approve the conditional use permit for the residential structure with the followinq condition: 1. The yard of the subject site will be used only for residential purposes and will be maintained such that it will act as a buffer between the residential use and commercial uses in the area. and citinq the followinq findinqs and conclusions: FINDINGS: 1. Single-family occupancies are not permitted uses in the CSD-Cl District, except by conditional use permit along "C" street between Ninth Street and Lauridsen Boulevard. 2 . storage buildings are not permitted uses in the CSD-Cl District, except when used as accessory structures to a permitted use. . . . -- Planning commission Minutes November 14, 1990 Page 8 3. The applicant has proposed a large storage building as well as an attached garage structure in addition to the residential use. 4. Other residential uses in this area do not have as much storage capacity as is proposed for the site. 5. The Zoning Code allows for 30% lot coverage for single- family residential uses to allow for adequate air, light and circulation for the residential use. 6. Lot coverage for the residential use and proposed storage structures is 33.5%. 7. Development of the site as proposed could allow conversion to a non-permitted commercial activity without benefit of compliance with zoning and commercial building regulations. Conclusions: ~ /' A. As conditioned, the proposal will provide a buffer allowing for adequate air, light and circulation from the adjacent commercial uses at this location. B. As conditioned, the use is in the pUblic'S interest and benefit. c. The use as conditioned will ensure compliance with the CSD-C1 Chapter of Zoning Ordinance #1709, as amended. D. The only buffer from the commercial activity for the residential use will be located on the subject property. E. The proposed storage building is not consistent with the residential use of the property. Bill ADabel seconded the motion, which passed unanimously_ PARKING VARIANCE - PKV 90(11)5 - CAMMACK. Southwest corner of Vine and Second Streets: Request for a reduction in the required number of parking spaces to be provided in association with a pharmaceutical and associated medical supply facility from the required 60 spaces to 32 spaces. Brad Collins reviewed the Department Report. Chairman Leonard opened the public hearing. Rob Linkletter, R.G. Linkletter and Associates, 1324 East First street, represented the applicant. Mr. Linkletter provided background on the need for the reduction and said that the use would be a pharmacy and medical supply facility. The basement of the building would not be open to public use, but would be used for storage of home health care equipment, . . . ~ Planning Commssion Minutes November 14, 1990 Page 9 pharmacy records and bulky items which take up considerable space in the first floor retail area, as well as an employee lounge and a small office. Mr. Linkletter said that there would not be more than five people in the employee lounge at anyone time. The integrity of the building would be assured due to the size of the building: if the building were converted to strictly office use, the parking would comply; conversion to another commercial use would depend on parking. There being no further comment, Chairman Leonard closed the public hearing. Following discussion, Jim Hulett moved to approve the parking variance with the following conditions: 1. The public will not be allowed access to the basement portion of the facility, and all of the areas accessible by the public will meet the off-street parking requirements. 2. Parking will be provided for any office space per the Parking Ordinance (#1588). and citing the following findings and conclusions: Findinqs: A. The Port Angeles Off-Street parking Ordinance (Chapter 14.40 PAMC) requires a minimum of one parking space for every 200 square feet of buildable floor area for retail establishments. B. The proposed 12/000 square foot pharmacy and storage facility requires 60 off-street parking spaces. C. The applicant has requested a reduction in the required number of parking spaces from 60 to 32. D. Other businesses located within the vicinity have been granted parking variances and allowed to subtract storage areas from floor areas requiring parking. Conclusions: 1. The variance would not be a grant of special privilege as other businesses in the vicinity have been granted parking variances and allowed to subtract storage areas from the required floor area. 2. The size, shape or topography of the lot does not limit the number of parking spaces which could be provided. 3. Concerns of the Department of Public Works that future sales from the basement area could be materially detrimental to the public welfare are alleviated by condition #1. Planning Commission Minutes November 14, 1990 Page 10 . 4. The proposal, as conditioned, could meet the criteria for granting a parking variance. Bob Philpott seconded the motion, which passed unanimously. CONDITIONAL USE PERMIT - CUP 90 (11) 21 - CLALLAM-JEFFERSON COMMUNITY ACTION HEAD START - 719 South Laurel Street: Request to allow a preschool and educational support service for parents in the CSD-C1, Community Shopping District. Brad Collins reviewed the Department Report and answered questions from the Commissioners concerning the site situation. Chairman Leonard opened the public hearing. . Karen Junell, 719 South Laurel, representing Head start, explained the need to move the operation to the City from its previous twelve-year location in the County, and selection of this site. She apologized to the Commission for being unaware of city regulations regarding zoning and parking. She said the organization's desire is to work with the city to resolve the situation. The intent is to comply and cooperate and she is anxious to plan and respond to building, zoning and parking requirements. Conversations with the Methodist Church to the north of the site resulted in the Church indicating that they have too many daily activities at present to lease parking to the Head start program. Peter Simpson, Clallam-Jefferson Community Action Council, 540 East Eighth street, also apologized to the City for the bumpy start at this location but stated that he and the organization are eager to resolve the parking situation and seek a solution to the problem at hand without disruption to those served by the facility. He stated that the present use is in the pUblic'S use and welfare and interruption would cause a great hardship on the education, cultural and social development of the 54 children and their parents who are served by the program. In answer to a question from the commission, Mr. Simpson answered that there are eight staff people at any given time at the facility: three full time and five part time employees, with a total of thirteen people a day. Ms. June11 further added that employees have been diligent in carpooling efforts and use of the transit service. She said that Head Start has been at this location since the first of September. The school year is from September to the end of May, with no summer program planned at this time. . Mary Jo Olsen, Community Action Board Member and Director of the Department of Social and Health Services for the Port Angeles area, apologized for not following set procedure which caused this problem. She said that the proposed use fits with other uses in the area very well. Denial of the conditional use permit would cause a great deal of disruption to a great many people who need help and who may not be able to Planning Commission Minutes November 14, 1990 Page 11 ) . compensate for that disruption. She urged the Commission to work with the community Action people to resolve the situation and indicated the organization's interest and dedication in complying with city regu- lations. Victoria Larson, P.O. Box 2283, teacher for the Head start program, assured the Commission that the employees are aware of parking problems and have been trying to work with the neighbors and each other in order to cause as little impact as possible to the neighborhood. She volunteered to use the transit system if it would help. Shellie Starks, 1037 West Eighteenth Street, a parent using the service, said that parents realize there is a parking problem at this site. She said parents try to scatter their visits to the facility in order to try to help alleviate the problem. She urged the Commission to consider the effect of disruption on the children and families who use the facility, especially the children, as they are the ones who will be most impacted. . In response to a question from the Commission concerning the age of the building, Virginia Del Guzzi Frizzell, 4016 Old Mill Road, owner of the building, said she was unaware of the age of the structure but that it had been there a very long time. There being no further discussion, Chairman Leonard closed the public hearing. Following discussion, Bill Anabel moved to continue the item to the December 12, 1990, meeting of the commission_ Roger catts seconded the motion which passed unanimously_ The commission took a 10-minute break at 11:05 P.M. The meeting reconvened at 11:15 P.M. SHORT PLAT APPEAL - SHP 90 (08)10 - HENDRICKSON I Lauridsen Boulevard east of Lincoln Park: Appeal of condition of short plat approval. Brad Collins reviewed the Department Report. Chairman Leonard opened the public hearing. . Melvin Hendrickson, 1313 West Lauridsen Boulevard, was present. Mr. Hendrickson noted that the city is the major property owner in the area and his objection is to the improvements required as a condition of preliminary short plat approval without the surrounding property being upgraded likewise. He said the City has no plan to develop the surrounding properties. His property would be an improved . . . Planning Commission Minutes November 14, 1990 Page 12 surrounding properties. His property would be an improved island surrounded by unimproved area. He volunteered to sig an LID Non-Protest Agreement at a later date in the event 0 development in the future. There being no further comment or questions, Chairman Leon d closed the public hearing. ~ / Jim Hulett moved to uphold the appeal by the applicant with the following condition and citing the following findings and conclusions: Condition: 1. Prior to final plat approval, the applicant shall enter into a non-protest agreement for the improvement of West Lauridsen Boulevard. Findinqs: A. The south side of Lauridsen Boulevard is not in the city limits and there are no future plans for annexation or improvement. B. The City of Port Angeles is the major property owner on the north side of west Lauridsen Boulevard and has no plans for improvement. C. West Lauridsen Boulevard is classified as a main arterial, not a residential street. D. There are no provisions for storm sewers in the area. Conclusions: 1. The proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. The proposed short plat, as conditioned, is consistent with the port Angeles Short Plat Ordinance (Chapter 16.04 PAMC) and the Washington state Subdivision Act eChapter 58.17 RCW). 3. Approval of the proposed short plat provides for the public health, safety and welfare of the community and serves the public use and interest. 4. Placing approximately 450 lineal feet of curb and gutter in this area could cause serious water damage and erosion to the adjacent property. Roger Catts seconded the motion, which passed unanimously. . .ol.-4 NN,~G CITY of PORT ANGELES ATTENDANCE ROSTER T'iPE OF NEETJli; DATE OF 11EE:I'ING lOCATIOO PLANNING COMMISSION /)m),CJ<rY) hA- /~ /99(") CITY HALL ADDR ESS: NAME: t:;tI 1.>>, ",fer' ~~/W+ 1J,Jj1J . C~/U~J Q ~ . ~7JL -1~A_~ pctXt<T C7.~L1N1"L-E1 i 1::{:2... ~~~ t7~\{ (;. d-NJ . l]Ocf €. f~ tI 7 ~(""k. E- / ~C; E 7~ /7d Eo ::z...../' t'.Ov 13>0)( 2 L?3 .p. 1/-. 132.4 ~ ftf<:5T 'FA. ((t~- ~. q+-A. P.A- ~2-- /M ~4 ~ f?A- I b / ~ ~ r f1~r; f- P. 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