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HomeMy WebLinkAboutMinutes 12/08/1993 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Ang~les, W A 98362 December 8, 1993 7:00 P.M. I. CALL TO ORDER II. ROLL CALL m. APPROV AL OF MINUTF.S: Special Meeting of November 17, 1993. "\ IV. PUBLIC HEARINGS: /. 1. STREET V ACA nON REQUEST - STV 93(11)06 - BALLER. Portions of West Fourth Street and "1" Street: Request for vacation of a portion of West Fourth (1500 Block) Street and a portion of "I" Street (abutting Blocks 125 "and 130). (Continued from November 10, 1993.) 2. ZONING CODE AMENDMENT - ZCA 93(12)04 - GERMAN. City- wide: Proposal to amend Chapter 17.70 (Zoning) of the Port Angeles Municipal Code and Zoning Ordinance to exempt single-family home PRDs from the 30% open space requirement and to modify plan submittal requirements for single-family PRDs. 3. CONDmONAL USE PERMIT - CUP 93(12)13 - EVANS. 734 East First Street: Request for a conditional use permit to allow a vehicle body and paint use in the Arterial Commercial District (ACD). V. COMMUNleATIONS FROM mE PUBLle VI. STAFF REPORTS VII. REPORTS OF mE eOl\1MISSION . vm. ADJOURNMENT Planning Commission: Bob Winters, Chair; Cindy Souders, Vicc Chair; Roger Cans; Bob Philpott; Orville Campbell; Carl A1exandcr and Linda Nutter.. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Officc SpccialiSl; David Sawyer, Senior Planner; John Jimcrson, Associatc Planner. . . '. Planning Commission Agenda Page 2 PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. It is helpful if the speaker identifies his/her interest in the issue. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Planning Commission, not the City Staff representatives present, unless directed to do so by the Chairman. -, . PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Meet~g . p~ C01)r Date d:r;o j?I 0 } 9..3 Location 321 E. 5th Street - CIty Hall Name Address I\-. ~ '-f \/11. U 't+\.S' f~ ~~ 2 02- /I- II t.- ,/ M1~ j2 0 . -r. fi- ~ \S~O Wt:;~\ L.j't \:\ Po~" f\\-JG~\..'<S.: 1o~ ;;>.. J:~. f{ It ( 1/35 V< (,t.... 'S\". l'.~ "7 ']4 e Jfel:?'/ ?;tt a... Cl d.,..) ht , I ;:R'I.... ~~ J J,f, ~1> ~ !/Z-e ~\11\) v1 C( L\(ll"\ ~~i .J)D,./1)e k R Iff (;)0 l\l V~)LL{~11hJ .~p~ --r; Y'v-. G E 6t ~ r.>- )J . . . .. MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 8, 1993 7:00 P.M. I. CALL TO ORDER Chairman Winters called the meeting to order at 7:05 P.M. ll. ROLL CALL Members Present: Linda Nutter, Carl Alexander, Bob Philpott, Bob Winters, Roger Calls Members Excused: Cindy Souders, Orville Campbell Staff Present: John Jimerson, Brad Collins, Bruce Becker Public: Earl Fox, Ed Tuttle, Kevin McCartney, Don Derrington, Dave Milligan, James Evans, Tim German, Ken Sorenson, Bill Dawson m. APPROV AL OF MINUTES Commissioner Nutter moved to approve the minutes of the November 17, 1993, meeting of the Planning Commission as submitted. The motion was seconded by Commissioner Philpott and passed 5-0. IV. PUBLIC HEARINGS STREET V ACA TION REQUEST - STY 93(11)06 - HALLER. Portions of West Fourth Street and "I" Street: Request for a vacation of a portion of West Fourth (1500 Block) Street and a portion of "lit Street (abutting Blocks 125 and 130). (Continued from November 10, 1993.) Commissioner Alexander excused himself from the Council Chambers for appearance of fairness reasons. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. Earl Fox, 1534 W. Fourth Street, stated that development of the site would result in removal of the trees. The trees provide attenuation of the noise from Daishowa. He has witnessed a number of landslides in the vicinity. Development of the bluff would increase the potential for more slides. The trees and shrubs provide animal habitat in the right-of-way. The area is also a good place for children to play. . . . Planning Commission Minutes December 8, 1993 Page 2 Mike Haller, 63 S. Alder Lane, stated the deer, trails and habitat that Mr. Fox has referred to are located on private property. Kevin McCartney, 1530 W. 4th Street, was told that homes couldn't ever be built on these properties. Daishowa is building a new chip loading facility which will create more noise. There are deer, birds and raccoons which are frequently observed in the area. He expressed concern with the stability of the slope. Ken Sorenson, 419 South "I" Street, has observed movement in the slope and is concerned about his house, which is even further from the bluff than other houses. At one point the sewer line shifted six inches, indicating instability of the soil. Don Derrington, 408 South "I" Street, said kids and animals play in the area. A new house would block his view, scare away animals and eliminate the noise barrier. Bill Dawson, 224 W. Fourth, stated the City's policies to vacate only whole streets not just half the street and to establish and protect view corridors are important and should be upheld. John Jimerson explained a recent change in the zoning code whereby single family homes were listed as a permitted use in the PBP zone. He also explained how the PBP zone is delineated when it follows the top of a bluff. Earl Fox read from a letter from the Public Works Department which confirmed a previous delineation of the top of the bluff. He also stated that a minicat had been on the site digging 15- 20 test holes in the right-of-way and on the lots. There being no further testimony, Chairman Winters closed the public hearing. Commissioner Catts moved to recommend the eity eouncil deny the street vacation request, citing the following rmdings and conclusions: Findings 1. The request is to vacate roughly 12,250 square feet of the Fourth Street and "I" Street rights-of-way. 2. Portions of Fourth Street to the east are located on or below the top of the bluff. 3. The City's minimum standard right-of-way width is 60 feet. The proposal would result in a right-of-way width of 35 feet on a portion of Fourth Street. 4. The property above the top of the bluff is zoned RS-7, below the top is PBP. 5. Portions of the area requested for vacation are within the 50 foot buffer area as required by the Environmentally Sensitive Areas Protection Ordinance. Significant portions of the applicants lots are located within the environmentally sensitive area and it's required buffer. 6. There are Comprehensive Plan Policies encouraging lower density development Planning Commission Minutes Deccmber 8, 1993 Page 3 . when natural constraints exist (Residential Policy No. 13 and Open Space Policies Nos. 2 & 4). 7. "I" Street has not been improved north of the 4/5 alley. Fourth Street has not been improved. 8. The City of Port Angeles Comprehensive Parks and Recreation Plan encourages using streets that dead end at the top of the bluff for view access and parks. 9. The Fire Department has commented that the proposed street vacation would create difficulties in the ability for access improvements to be made to meet the fire code requirements. Conclusions A. Vacation of this portion of the West Fourth Street and "I" Street rights-of-way is not in the public use and interest and would not be a public benefit. The street vacation could allow for more intense development and/or density in close proximity to a steep bluff environmentally sensitive area. B. The street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those listed in Finding No.6. . C. The proposed street vacation is not consistent with the Comprehensive Parks and Recreation Plan. The motion was seconded by Commissioner Nutter and passed 5~O. Chairman Winters stated that protection of the view corridor is an important issue. There is significant public benefit in maintaining the views, and there would have to be an extraordinary argument to vacate a street that provides a view corridor before he would be willing to do so. The Commission took a break at 8:00 P.M. and reconvened at 8: 15 P.M. Commissioner Alexander returned to the Council Chambers. ZONING CODE AMENDMENT ZCA 93(12)04 - GERMAN Citywide: Proposal to amend Chapter 17.70 (Zoning) of the Port Angeles Municipal Code and Zoning Ordinance to exempt single-family home PRD's from the 30% open space requirement and to modify plan submittal requirements for single-family PRD's. John Jimerson reviewed the Department Report. Brad Collins showed overheads which compared the developable area of the applicane s proposal with current regulations. . Chairman Winters opened the public hearing. Tim German, 2025 W. 12th Street, explained his intent is not to increase density. He noted that the resulting lots would be larger than lots in a single family PRD built under current . . . Planning Commission Minutes December 8, 1993 Page 4 standards because there would be no requirement to provide common usable open space. Because lot coverage would be limited to 30%, this would result in 70% open space. He expressed concern that the exterior setbacks, along with 30% open space, renders too much of the property as undevelopable. The reason common usable open space is not allowed in the exterior setback areas was a result of an attempt to place a lighted tennis court within a setback area in the Ennis Creek project. The standard encourages buildings to located as close to the setback line as possible, and no real buffer is created when that setback is only seven feet. Building setback lines would be appropriate, as altering designs of single family homes are not significant enough to change the character of the development. The CC&R I s could contain standards on the home design. The PRD allows the City more control on design of the homes. In exchange~ the developer would benefit from reduced road and right-of-way widths. Ed Tuttle, 202 Ahlvers Road, stated Mr. German had a neighborhood meeting in which he proposes a PRO with lots ranging in size from 4~400 to 6,600 square feet. Single family PRD's should not be allowed, as, in effect, it would be a way to side step the RS-7 and RS-9 zoning standards to create a smaller lot subdivision. Tim German, clarified the PRD ordinance allows for subdivision of land. He stated a single family PRD would be created to protect an environmentally sensitive area, to address neighborhood concerns when a rezone is proposed, and to allow for more efficient development of odd shaped properties. Brad Collins indicated that once interior roads are factored the PRD process does not increase the density of a development. The PRD allows for a transfer of density within the site. The open space would be about the same under the proposed and existing rules. Density wouldn't change, rather, there would be a trade off between having larger lots with private open space or smaller lots with common open space. There are three public purposes of PRDts, to preserve sensitive areas, provide innovation in design, and allowing the neighboring property owners concerns to be addressed - including providing buffers and creating site specific development. He indicated he spoke to Commissioner Souders who asked him to pass on the fact that she is adamant about maintaining 30% common usable open space exclusive of exterior setbacks. Commissioner Alexander made the observation that the non-recreation open space would likely always be provided in the exterior setbacks with the proposed amendment. Ed Tuttle, 202 Ahlvers Road, asked if environmentally sensitive areas are considered to be common usable open space. Brad Collins indicated they are, as long as they're not located within the exterior setback areas. Tim Gennan, stated perimeter open space is not the issue in single family PRD I s, as the proposal is to eliminate the requirement for common usable open space. The advantage to the proposed rules is that roads and right-of-way widths do not have to meet minimum city standards in a PRD. With the proposed changes, development of PRD's would be much easier. There being no further testimony, Chairman Winters closed the public hearing. Commissioner Alexander moved to recommend the City Council adopt staff's recommendation to amend Section 17.70.050 and 17.70.011(G) to allow the non-recreation . . . Planning Commission Minutes December 8, 1993 Page 5 portion of the common usable open space to be located within the exterior setback areas of single family PRD's only and to add a dermition for single family planned residential developments. He also moved to recommend the City Council deny the proposal to eliminate the requirement for common usable open space for single family PRD's and to eliminate the requirement for site specific building footprints. The motion was made citing the following {"mdings and conclusions: Fmdings 1. The proposal is to modify Chapter 17.70 PAMC by adding a definition for Single Family PRDts~ amending the development standards for common usable open space, eliminating the requirement for common usable open space in Single Family PRD's and allowing for building setback lines for Single Family PRD's. 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goals Nos. 3 & 5 and Residential Policy No. 3 have been identified as most relevant to the proposal. 3. The purpose of Chapter 17.70 is to encourage design flexibility, conserve natural amenities, allow for innovative residential development and result in a residential environment of higher quality than traditionallot-by-lot development. 4. A Determination of Non-Significance was issued for the proposal on November 15, 1993. Conclusions A. As recommended, the Zoning Code Amendments are in the public use and interest. B. As recommended, the Zoning Code Amendments are consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 2. C. As recommended, the Zoning Code Amendments are consistent with the intent of Chapter 17.70 of the Port Angeles Municipal Code. D. The proposal to eliminate the requirements for common usable open space and for approval of specific building locations in Single Family PRD's is inconsistent with the intent of Chapter 17.70 of the Port Angeles Municipal Code. The motion was seconded by Commissioner CaUs and passed 4-1. Commissioner Nutter voted against the motion, stating she believed that the PRD ordinance should be reviewed on a more comprehensive rather than piecemeal basis. . . . Planning Commission Minutes December 8, 1993 Page 6 CONDITIONAL USE PERMIT - CUP 93(2)13 - EVANS. 734 East First Street: Request for a conditional use permit to allow a vehicle body and paint shop in the Arterial Commercial District (ACD). John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. James Evans, 286 Henry Boyd Road, stated he was concerned with the condition that requires him to fix the sidewalks and curb. It was his understanding that the owner had already paid the City to make the repairs. Brad Collins indicated it would be appropriate to retain the condition. If the owner has already paid for the repairst it will be incumbent upon the City to fulfill the requirement of the condition. Mr. Evans added that he will not be driving heavy equipment across the sidewalks. His paints are water based and not flammable. Lacquer paints are the type that are explosive. There will be no outdoor storage or lighting. There being no further testimony, Chairman Winters closed the public hearing. Commissioner Alexander moved to approve the conditional use permit, subject to seven conditions and citing the following findings and conclusions: Conditions 1. The applicant shall submit plans to the Fire Department necessary to comply with local and state fire regulations. 2. An industrial pre-treatment survey shall be completed by the applicant and approved by Public Works. 3. The applicant shall obtain a building permit and submit all plans required by the Building Division. 4. The applicant shall prepare a parking plan for approval by the City Engineer and Planning Department and then paint the parking lot in a manner consistent with the approved parking plan. 5. The applicant shall submit a plan showing where cars at the shop for repair will be stored. Fencing and landscape plans shall be approved by the Planning Department for screening outdoor storage areas pursuant to Section 17.26.230 PAMC. 6. Prior to occupancy t the applicant shall repair broken sidewalk and curb along the frontage, and eliminate unnecessary curb cuts. 7. The applicant shall meet the requirements of the National Electrical Code. Findings Planning Commission Minutes December 8, 1993 Page 7 1. The request is to allow an auto body and paint shop to locate at 734 East First Street. . 2. The property is zoned Arterial Commercial (ACD). The Comprehensive Plan identifies the site as auto commercial. 3. The site is improved with an existing building with roughly 5,500 to 6,000 square feet of floor area. 4. A minimum of ten parking spaces are required for the use. Because the new use does not require more spaces than the previous use, additional spaces are not required. However, the number of parking spaces cannot be reduced. 5. There is broken sidewalk and curb along the arterial street frontage. 6. The land uses in the area are predominantly commercial, with the exception of single and multi-family uses located south of the 1/2 alley. 7. Auto body and paint is a permitted use in the LI and M2 zoning districts and a conditional use in the ACD zone. 8. The ACD zone requires screening of outdoor storage. . 9. A Determination of Non-Significance was issued for the project. 10. A permit is required from the Olympic Air Pollution Control Authority. 11. Several Comprehensive Plan Policies have been identified as being most relevant to the proposal including Goals Nos. 2 & 3; Commercial Policies Nos. 2, 3 & 7; Circulation Policy No. 18; Industrial Policies Nos. 5 & 7 and Land Use Objectives Nos. I, 2 & 5. Conclusions A. As conditioned, the proposed use is compatible with the surrounding auto oriented commercial uses and with the intent of the ACD zone. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental with the public welfare, C. As conditioned, the proposal is consistent with the Comprehensive Plan auto commercial designation and those policies listed in Finding No.9 above. The motion was seconded by Commissioner Philpott and passed 5-0. . V. COMMUNICATIONS FROM THE PUBLIC None. . . . Planning Commission Minutes December 8, 1993 Page 8 VI. STAFF REPORTS Brad Collins stated the City Council remanded Highland Communities back to the Planning Commission. Because the capital facilities element isn't ready yet, he recommends that Highland Communities be scheduled for a public meeting on December 15th. The Planning Commission concurred with the schedule. Brad Collins suggested the capital facilities element could be reviewed either on January 19th or 26th. The Planning Commission decided on the 19th. Mr. Collins also explained that a public hearing for the parking ordinance revisions could be held in February I with a portion of the proposed changes to be considered in January to address parking for the Fire Department. VII. REPORTS OF THE COMl\1ISSION Commissioner Nutter asked if there has been anything written which explains the policy that last minute changes will not be accepted and asked how the public is being informed of this policy. Brad Collins explained the history that led to the new policy, noting that historically the Planning Department has worked to expediting the review process. Administrative policy procedures have not been written down in the past (for example, deadlines on being placed on a particular Planning Commission agenda), and the public is informed about the procedural requirements when they talk with staff. In the case in point, the' applicants are already required to submit complete applications, and, as a courtesy I changes have been accepted to speed up the review process. Staff now has been advised to be careful when accepting changed plans and not to condition approvals on changes to the plan documents. Commissioner Alexander said the County's capital facility committee has begun work on their draft plan. The County is approaching concurrency differently and the effects are unknown. The City's capital facility plan is about ready for Planning Commission and City Council review. The GMAC is meeting twice a week, working to tie the capital facilities plan with the comprehensive plan. Commissioner Alexander submitted proposed changes to the by-laws whereby the rule for accepting new information is modified. Vill. ADJOURNMENT The meeting adjourned at 11 :40 PM. ~~ Bra Collins, Executive Secretary ~~ Bob Wmte , Chatrman PREPARED BY: John Jimerson