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HomeMy WebLinkAboutMinutes 11/18/1998 . . . HEARING DEVICES ARE A VA lLABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, WA 98362 Special Meeting NOVEMBER 18, 1998 7:00 p.m. I. CALL TO ORDER 11. ROLL CALL III. APPROVAL OF MINUTES: Meeting of October 28, 1998 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 98-09 - BOYS AND GIRLS CLUB. 2620 N. Francis Street: Request to allow a recreational use as a conditional use permit in the RS-7, Residential Single Family zone. 2. MUNICIPAL CODE AMENDMENT - MCA 98-06 - BINDING SITE IMPROVEMENT PLAN: A proposal to amend Chapter 16 of the Port Angeles Municipal Code to establish alternative procedures for the division of land by use of a binding site plan. 3. MUNICIPAL CODE AMENDMENT - MCA 98-07 - VARIOUS AMENDMENTS TO THE PAMC: A proposal to amend the City's Municipal Code, portions of Section 11 ( Streets and Sidewalks), 14 (Buildings and Construction), 15 (Environment), 16 (Subdivision), and 17 (Zoning). The amendments are minor in nature and are intended to clarify existing development standards. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS PLANNING COMMISSION: Dean Reed, ( Chair). Mary CravtT (Vice), BDb King, Cindy Souders, Linda Nutter, Fred Hewins, Paul Ziakin. STAFF: Brad Coh, DiIeClor, Sue Roberds Planning Specialist, David Sa")'Cl", Smior Planner. . . . VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. 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 Chair 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 Chair. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 Special Meeting November 18, 1998 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Mary Craver, Bob King, Fred Hewins Member Excused: Dean Reed Member Absent: Paul Ziakin Staff Present: Brad Collins, Sue Roberds, David Sawyer, Dan McKeen Public Present: Mary Morgan, Cathy Manthey, Ken Williams, Pam Tietz, Ken Sweeney, Neale Frothingham, Jim Hall APPROVAL OF MINUTES Commissioner Nutter moved to approve the minutes of the October 28 meeting." Commissioner King seconded the motion, which passed 4-0 with Commissioner Souders abstaining. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 98-09. BOYS AND GIRLS CLUB.2620 N. Francis Street: Request to allow a recreational use as a conditional use permit in the RS-7, Residential Single Family zone. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the application as presented with four conditions. He responded to Commissioner Nutter regarding fencing of the housing site and to Commissioner Hewins regarding parking requirements for the use. In response to Commissioner Nutter, he answered that the conditional use permit approved for the Sequim Boys and Girls Club in the 19th Street area has lapsed. Continued operation at that site is a violation of the City's zoning regulations unless a conditional use permit (CUP) is applied for and approved for the use. The previous CUP lapsed without an extension being applied for by the applicant. Vice Chair Craver opened the public hearing. Mary Morgan, Executive Director of the Boys and Girls Clubs of the Olympic Peninsula, 1502 Woodcock, Sequim, stated that the proposal is a collaborative effort with the Cla11am Planning Commission Miutes - November 18. 1998 Page 2 . County Housing Authority. The Housing Authority will provide the building, some funding, some utility costs. The Club will provide staff, programs, expertise, additional funding, management and administration. The use will be partially funded by United Way, the Department of Housing and Urban Development (HUD), the City's Police Department, and the Bureau of Justice Assistance. The desire is to begin operation of a boys and girls club use in one half of a proposed duplex with the intent to expand the use to encompass the entire structure as soon as approval is received from HUD to do that. The Club will provide a safe, stable, caring environment for children ages 6 through 18 from the Mount Angeles Housing Project and surrounding area that will include sports, games, field trips, computers, educational activities, arts, drug and alcohol prevention activities. Hours of operation are planned as Monday through Friday from 2 p.m. to 7 p.m. through the school hours with additional morning hours in the summer. There are more than 300 like uses in public housing projects across the country. Studies have shown that such clubs in public housing result in a significant decrease in substance abuse, violence, and crime in public housing. In response to Commissioner Nutter, Ms. Morgan explained that the 19th Street club is still operating. She apologized for the oversight in not requesting extension of the CUP prior to its expiration. Alternate sites are being considered at this time but no definite plans have been made for relocation. She will work with staff to bring the permitting requirements current if the desire is to remain at the west side location. Although it was intended to move onto the Serenity House campus, there is not room at that facility for a club use. . Pam Tietz, Executive Director o/the Qalwm County Housing Authority, 1311 West Ninth Street, answered Commissioner Nutter that there are sidewalks along Francis Street which will access the proposed site. A fence was erected along the property line extending from Park Street to Whidby Street to direct youth away from the adjoining residential area. Ken Williams, 2504 Oak Street, a member of the Board of Directors of the Boys and Girls Clubs of the Olympic Peninsula, spoke in favor ofthe application. Most juvenile crimes occur after school until about 6:30 p.m. so this is a critical time period to keep juveniles busy to deter youth violence by providing constructive activities. Cities in Oregon are offering up to $100,000 a year to ask these clubs to locate within its cities because of the substantial benefit in reducing city expenses. These types of programs make the city a far better place. This will be a first class facility that will provide safety for the community and for the children who will participate in the program. Pam Tietz, noted that the Housing Authority has made great strides in improving the neighborhood. The Boys and Girls Club is the next step in that project. There are 125 age eligible children residing in the project. Finding constructive things for children to do is critical to keeping them out of trouble and making a positive difference in their lives. . In response to Commissioner Craver, Mary Morgan responded that ofthe approximately 50 to 60 members, 20 children a day are served at the existing facility located in the airport area. That facility is not permanent and has not been treated as such in marketing. She responded to Commissioner Hewins that the intent of the Club at this time is to establish smaller neighborhood clubs rather than a larger community wide club. There is no wish to compete . . . Planning Commission Miutes - November l8, 1998 Page 3 with the YMCA. The role of the Boys and Girls Club is intended to be a drop in neighborhood center for neighborhood youth. The club was approached by the Housing Authority in this instance to participate in a specific neighborhood. There being no further testimony, Vice Chair Craver closed the public hearing. Commissioner King moved to approve the conditional use permit conditioned as follows, and citing the following findings and conclusions: Conditions: 1. Development and operation as proposed in Attachment A of the November 17, 1998, Staff Report for CUP 98-09. 2. Compliance with the City's Parking Ordinance which includes submittal and approval of a detailed parking plan which provides at least nine parking spaces reserved for the proposed use separate from parking required for the remaining residential units, housing offices, and day care facilities also located within the overall housing project. 3. The applicant will be required to comply with the 1997 Uniform Fire Code and the appropriate occupant load shall be posted. 4. The buildings will need to have GFCI type outlets installed in all bathroom and kitchen areas. Findings: Based on the information provided in the November 17, 1998, Staff Report for CUP 98-09, (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Sequim Boys and Girls Club has applied for a conditional use permit to allow operation of a boys and girls club at 2620 S. Francis Street located within the Housing Authority of Clallam County's existing housing project as proposed in the November 17, 1998, Staff Report for CUP 98-09 Attachment A; 2. A Determination of Non-Significance (#818) was issued for this proposal on October 29, 1998 and is attached as Attachment B of the November 17, 1998, Staff Report for CUP 98-09. 3. The Comprehensive Plan Land Use Designation for the subject property is Low Density Residential (LOR). 4. The subject property is zoned RS-7 (Residential Single-Family). . . . Planning Commission Miutes - November 18, 1998 Page 4 s. Section 17.08.090, B of the Port Angeles Municipal Code defines "recreation facility or area, non-commercial" as ua facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground, or other similar use operated and maintained by a non-profit club or organization." 6. A "public parks and recreation facilities" use is listed as a conditionally permitted use in the RS-7 zone. 7. The City's Parking Ordinance requires one off-street parking space for each 200 square feet of commercial recreation floor area. 8. Transit service is provided at the comers of Race Street and Lauridsen Boulevard and Eunice Street and Lauridsen Boulevard, both approximately one to two blocks from the project site. 9. The facility is proposed to be open daily from 2:00 pm to 7:00 pm from September through May and all day from June to August. 10. The applicant proposes to convert an existing 900 sf residence to start operation with potential expansion into the adjacent residence for a total of 1,800 sf of building area. 11. In 1992, the Planning Commission approved CUP 92-09 for development and operation of a day care facility at 2019 S. Francis Street located within the same Housing Authority ofClallam County housing project as the proposed use. 12. CUP 92-09 included the construction of a ten space parking lot in order to meet the requirements of the City's Parking Ordinance. Conclusions: Based on the information provided in the November 17, 1998, Staff Report for CUP 98-09 including all of its attachments, comments and information presented during the public hearing, the Planning Commission1s discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A The Comprehensive Plan's Land Use Element Policies A2 and Cl, and Utilities and Public Services Element Al and B3 are directly relevant to the proposed project. B. The proposed use is consistent with the Comprehensive Plan's Land Use Element Policies A2 and CI, and Utilities and Public Services Element Al and B3. C. The proposed use is consistent with the intent of the RS-7 zone. D. The location in the existing housing project combined with the design of the overall housing project provides a buffer between the proposed non-residential use and the adjacent residential neighborhoods while providing a central location in this area of town. E. Access to the site is adequately provided. Planning Commission Miutes - November 18. 1998 Page 5 . The motion was seconded by Commissioner Hewins. Following brief discussion regarding the parking requirements, the motion passed 5 - O. MUNICIPAL CODE AMENDMENT - MCA 98-06 - BINDING SITE IMPROVEMENT PLAN: A proposal to amend Chapter 16 of the Port Angeles Municipal Code to establish alternative procedures for the division ofland by use of a binding site plan. Planning Director Collins reviewed the Planning Department's report recommending that alternate procedures be adopted for the division of land in the City by the adoption of a Binding Site Improvement Plan (BSIP) process. In response to Commissioner Souders, Director Collins stated that the threshold of S acres for administrative approval was arrived at following review of other binding site improvement plan ordinances and due to its likeness to the method of approval for subdivisions. A S acre development would be more limited in impacts and could be processed more expeditiously. It is likely that there would be few. developments of 5 acres or less due to development standards. . Ken Sweeney, Environmental and Planning Manager for the Port of Port Angeles, 338 East First Street., explained the background of the Port of Port Angeles airport industrial park development and stated that the Port is supportive of the BSIP program. Neale Frothingham, Executive Director Heorthstone Corporation, 1 02 ~ East First Street, had no objection to the proposed development regulations. He is acutely aware of the need for economic development opportunities in the area and encouraged approval of the proposal toward that end. There being no further testimony, Commissioner Souders moved to recommend that the City Council adopt the proposed Binding Site Improvement Plan (BSIP) standards citing the following findings and conclusions: Findings: 1. The City Planning Department's policy is to note areas of concern or error contained in those regulations that deal with land development within the City of Port Angeles and to bring these issues to the attention of the City Council through the Planning Commission for review and possible amendment. 2. It has come to the attention of the Planning Department that there is a desire to designate industrial property for development in a manner not inconsistent with the State's subdivision standards, but which the City's subdivision standards do not permit at present. This type of development was previously permitted under a specialized permit, an M-I (Industrial) Permit. The M-l Permit standards were removed from the Port Angeles Municipal Code in 1985 with the introduction of the Light Industrial Park zone. . . . . Planning Commission Mill.tes - November J 8. 1998 Page 6 3. The proposal is to allow one or more parcels of land to be operated as a single development site for the purposes of shared facilities and common management, subject to a City approved binding site improvement plan. While ownership of the entire property remains intact, structures within the site could be offered for sale or lease. 4. The state's subdivision regulations (58.17 RCW) provide for an alternative method of land division referred to as a "binding site plan". "A city, town, or county may adopt by ordinance procedures for the divisions of land by use ofa binding site plan as an alternative to the procedures required by this chapter. The ordinance shall be limited and only apply to one or more of the following: (I) The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);..." 5. The amendment will allow for developments of mixed commercial and/or industrial businesses that share facilities and are organized by some common management. A business and office park, an industrial park, a corporate campus, and a shopping center are typical examples of such commercial or industrial centers. 6. The following goals and policies of the City's Comprehensive Plan are most relevant to the proposal: Land Use Industrial Policies Goal "G" "To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy." Land Use Industrial Policies Goal "H" "To provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality oflife." 7. Urban services will be required for all industrial and commercial areas as required by the Capital Facilities Element concurrency policy, 8. Infrastructure which makes sites attractive and ready to develop, including transportation facilities and utilities, will be required for industrial parks and commerial developments. Conclusions: I. The provisions for binding site improvement plans will allow flexibility in the design and use of commercial and industrial properties. 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan including but not limited to Land Use Industrial Goals and Policies Goal G. and Policy G.!; Goal H. and Policy H.2. Planning Commission Miutes - November 18. J 998 Page 7 . 3. The proposed use requires development consistent with the City's Zoning Ordinance 4. The amendment is in the public use and interest. The motion was seconded by Commissioner Nutter and passed 5 - O. The Commission took a break at 8:20 p.m. The meeting resumed at 8:30 p.m. MUNICIPAL CODE AMENDMENT - MeA 98-07 - VARIOUS AMENDMENTS TO THE PAMC: A proposal to amend the City's Municipal Code, portions of Section 11( Streets and Sidewalks), 14 (Buildings and Construction), 15 (Environment), 16 (Subdivision), and 17 (Zoning). The amendments are minor in nature and are intended to clarify existing development standards. . Planner Sawyer explained that staff takes note of errors and inconsistencies found and interpretations of City regulations made throughout the year that are then brought to the Council through the Planning Commission as an administrative amendments. A number of proposed amendments are included in the proposed draft ordinance that cover the streets and sidewalks, buildings and construction, environment, subdivision, and zoning chapters of the Port Angeles Municipal Code. He noted a letter received from Neale Frothingham of the Hearthstone Group who stated concerns about the City's restriction on signs within rights-of- way. The letter discusses some of the issues addressed by staff in the staff's report. Mr. Sawyer stated that with the exception of obvious errors, the proposed amendments are minor and allow flexibility in some cases that does not currently exist. The proposed amendment to the sign information provided in Chapter 17 (Zoning) is simply to provide guidelines for exempt, official, temporary, and prohibited signs that does not currently exist and does not allow for placement of signs that did not currently exist. He then detailed the various proposed amendments. Planning Director Collins stated that although specific sign information is provided in the Downtown Sign Code, that information is not available in the zoning ordinance. There is a need to specifically define what a sign is and what uses are prohibited. Staff is asked for specifics on this information on a regular basis. Following a case by case review of the proposed amendments, Vice Chair Craver opened the public hearing. . Neale Frothingham, 1 02 ~ East First Street #2, questioned the restriction that signs may not be placed in rights-of-way. He submitted photographs of several structures in the City which currently have signs in right-of-way. The City's housing goals cannot be served by this restriction. There are no public safety issues involved in such placement but as the public predomonantly uses signs in shopping for real estate, that placement would serve a great public benefit. There is an urgent need to allow real estate signs to be placed in rights-of-way and on properties which may already contain signage for another use to advertise the availability of developments not readily visible from main traffic areas. Staff's proposed Planning Commission Miutes . November 18. 1998 Page 8 . amendments to clarify signage that is exempt and prohibited does not address this need. He asked that small "open house" signs be allowed in rights-of-way. A windshield survey conducted prior to the meeting indicated that by and large real estate signs found within twelve blocks of City Hall are within the rights-of-way. Current sign regulations are in opposition to fair housing laws as the public relys on signs more than any other source. Real estate sign standards should be universal, allow for reasonable sign age without clutter, off- premise signs for housing developments, and permitted in rights-of-way. Port Angeles should update its real estate sign standards. Larger signs than six square feet would not be permitted under the current staff proposal, nor allow off-site signs for housing developments. The Commission thanked Mr. Frothinghan for his information and presentation. He responded to Commissioner Nutter that other municipalities, such as the City of Kent, allows for off-site real estate signage for up to one year. The Hearthstone Group has two housing develoments that are severely restricted by location off the main travelled route. The developments were constructed with tax credits and if not filled, those credits will be at risk. . Planner Collins noted that the City does not prohibit on-premise larger real estate signs for individual properties. The only current restriction on real estate signage is that individual signs on residential properties must be placed on the subject property and may not be larger than six square feet. Signs may not be placed in rights-of-way. Off-site advertising signs are permitted in the City, as are over sized real estate signs (greater than six square feet) in commercial zones by special permit. Mr. Frothingham's main concern is why the City insists on a prohibition of use of the City's rights-of-way for signage. Rights-of-way are primarily used for access purposes. When these areas are impeded, the City is liable for that occurrence. The City has therefore determined that rights-of-way shall remain unused with few exceptions such as utility poles and brief Right-Of-Way Use Permit activities. In most instances where real estate signs are found in rights-of-way, it is done out of ignorance on the part of the property owner. When complaints are made those signs are relocated. To permit signs in rights-of-way would complicate liability and enforcement issues. Mr. Frothingham stressed that the Hearthstone Group's developments are in urgent need of advertising in high traffic areas. There being no further comment, Vice Chair Craver closed the public hearing. Commissioner Craver suggested that the Commission consider the permissibility of open house signs in the right-of-way for specific periods oftime. As this would be more of a broad amendment than is intended with the other minor amendments, the item should be discussed at a future date. The Commissioners continued to offer suggested changes to the proposed amendments with regard to specific wording. . Commissioner Nutter moved to direct staff to make the changes as noted during discussion for consideration at the December 9, 1998, meeting. The motion was seconded by Commissioner Souders and passed 5 - O. . . . Planning Commission Miutes - November 18. 1998 Page 9 COMMUNICA TIONS FROM THE PUBLIC None. STAFF REPORTS Planning Specialist Sue Roberds noted that Commissioner Ziakin had rendered a formal resignation on November 18, 1998. It was noted that Conunissioner Souders' term will expire in February, 1999. There will be~ Commission positions open for appointment in February, 1999. 7wo REPORTS OF COMMlSSION MEMBERS Commissioner King will not attend the December 9, 1998, meeting. ADJOURNMENT The meeting adjourned at 10:20 p.m. -G~ rad Collins, Secretary qf C~ ::;:;ier, Vice Chair PREPARED BY: s. Roberds . . . PLANNING COMMISSION ATTENDANCE ROSTER AND SIGN UP SHEET PLEASE SIGN IN ~ ~ ,oLANN\l'l.G For the items listed on the Agenda of: ~~~ /f; L9:2/ / Please read the following: If I testify, by signature below, I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. Signature Address Print Name c :\wp\forms\attndr5l. pc