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HomeMy WebLinkAboutMinutes 12/09/1992 /~.......... / 'J . I \ \~ \ e.. " Ii . . I. II. ill. rv. AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 Special Meeting December 9, 1992 7:00 P.M. CALL TO ORDER ROLL CALL APPROV AL OF MINUTES: Special Meeting of November 18. 1992 PUBUC HEARINGS: 1. SHORELINE MANAGEMENT PERMIT - SMA 92n2H31. CITY OF PORT ANGET.F.~. Ediz Hook Drive: Request for a permit to allow upgrade to the waterfront area including paving, signage and upgrade to the Paddle Park area. ., .... CONDmONAL USE PERMIT - CUP 92(12)12 - ANGELES TA~ 904 East Seventh Street: Request to locate a taxi office and related servicing in the OC. Office Commercial District. 3. RF7.0NE REQUEST - RF-Z 92C1210S - ANDERSON. Northeast comer of 12th and "0" Street..~: Request for rezone of approximately 4+ acres from RS-9. Residential Single-Family, to RMD, Residential Medium Density District. 4. PARKING VARIANCE - PKV 92Cl2)03 - ROGERS. 1210 F~~t Front Street: Request for a reduction in the required number of parking spaces in association with a retail/warehouse/office use in the Arterial Commercial District. V. COl\1MUNICA nONS FROM THE PUBLIC VI. REPORTS OF THE COMMISSION Vll. STAFF REPORTS Pl8lllling Comnullioll: Cindy Soudcn. Chaimwt: Larry LeolWll: Bob Willlen: Roger Calli: Sob PIliIpoI1: Ray Gnwer; William Aaabel. PlannUIg Stiff: Brad CtlI1illll. Pluming Dmctor, Sue Robcnla. Office Speci.aliat; David Sawyer. SCDior P1anDcr; JoIm Ji-. ^-_ Plamxr. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington December 9, 1992 CALL TO ORDER Chairwoman Souders called the meeting to order at 7:00 P.M. ROLL CALL Members Present: Bob Philpott, Bill Anabel, Bob Winters, Larry Leonard and Cindy Souders, Ray Gruver Members Excused: Roger Catts Staff Present: Brad Collins, John Jimerson, Ken Ridout APPROVAL OF MINUTES Commissioner Leonard moved to approve the minutes of the November 18, 1992, meeting, with a minor word change to Dr. Kintner's testimony on page five. Commissioner Anabel seconded the motion, which carried 5-0, with Commissioner Gruver abstaining. PUBLIC HEARINGS SHORELINE MANAGEMENT PERMIT - SMA 92(12)131 - CITY OF PORT ANGELES. Ediz Hook Road: Request for a permit to allow upgrade to the waterfront area including paving, signage and upgrade to the Sail-Paddle Park. John Jimerson reviewed the Department Report. Ken Ridout clarified that the City leases the land from DNR and has flexibility to develop it as they see fit as long as it is consistent with the lease. Trails and recreational facilities are consistent with the lease. He added that the trail improvements are funded by a grant from Aquatic Lands. Another grant is in the works which will fund extension of the trail to the end of Ediz Hook. Chairwoman Souders opened the public hearing. There being no public testimony, she then closed the public hearing. . . . Planning Commission Minutes December 9, 1992 Page 2 Commissioner Leonard moved to forward a favorable recommendation to the City Council subject to the foUowing conditions, citing the following findings and conclusions: CONDITIONS: A. The parking lot shall include at least one tree for each 10 spaces. Trees shall be of a type approved by the City, at 2-inch caliper at planting time, and planted in planting areas with minimum width of 10 feet. B. The parking lot shall be graded to flow into catch basins which shall have an oil separator "T". FINDINGS: 1. The approval is for paving of approximately 1950 square feet of waterfront trail, paving an existing parking lot and planting vegetation on the launch pad. 2. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Areas Protection Ordinance have been reviewed with respect to this proposal. 3. The property is zoned Heavy Industrial M-2, identified as industrial by the Comprehensive Plan. 4. The Shoreline Master Program encourages public access to the shoreline. It also encourages aesthetic and environmental considerations be made in reviewing development proposals. 5. The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the proposal on October 22, 1992. CONCLUSIONS: A. As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.2, C.3 and C.7; Land Use Element D.2; Natural Systems E.1.a, E.2; Use Activities F.19.a-d, f. B. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan, specifically Circulation Policies Nos. 7, 10, 11; Parks and Recreation Policy No.3 and Urban Design Policy No.2. C. As conditioned, the proposal will not be detrimental to the shoreline. The motion was seconded by Commissioner Anabel and passed 6-0. . . . Planning Commission Minutes December 9, 1992 Page 3 CONDITIONAL USE PERMIT - CUP 92(2)12 - ANGELES TAXI, 904 East Seventh Street, Request to locate a taxi office and related servicing in the OC, Office Commercial District. John Jimerson reviewed the Department Report. Commissioner Philpott clarified that the OC zoning is on the south side of Seventh Street. Chairwoman Souders opened the public hearing. Kim Southmayd, 904 E. Seventh Street, stated that she had contacted the City before she bought the business. The City made no objections to the business. She has since received two licenses from the City to operate at this location. She became aware of a problem when she went to the City for approval of an additional cab. The City Clerk referred her to the Planning Department, who indicated there may be a problem. She said that she was informed by the Planning Department that her use was not permitted, but since the City had made a mistake in allowing it in the first place, that she would be allowed to have an additional cab as long as it was not parked at the house and didn't park any cabs on the street. She was later told by the City that her use is not allowed at this site. Ms. Southmayd indicated that she changes the oil of the vehicles herself and properly disposes of the oil and oil containers. The spots in the driveway were a result of a car fire. There are two shift changes each day. Commissioner Leonard asked who she spoke with in her initial conversations with the City. She responded that she didn't know as her ex-husband made the first contact. She reiterated she has had two business licenses approved. Mr. Collins noted that the City has no records indicating the use enjoys any non-conforming status. There is no doubt the City has approved 2 business licenses. A taxi office and dispatch use would be permitted in this zone district. The Conditional Use Permit is one way of addressing the fleet of vehicles, of which storage, parking and maintenance are not permitted at this location. The business license procedure is not intended to be a land use approval, however, the City Clerk will refer business license requests to the Planning Department when she believes there is a concern. Commissioner Leonard read to the other Commissioners the contents of the business license. Commissioner Philpott asked where the cars are parked. Ms. Southmayd responded that two are parked in the driveway, the remaining on the lawn. She indicated that she hopes to improve the site by replacing the lawn with gravel to create a parking area. She explained that she considered off-site parking arrangements but the logistics related to shift changes etc. make it difficult. . . . Planning Commission Minutes December 9, 1992 Page 4 Robert Mason, 2461 Hastings West, Port Townsend, stated he is the father of the applicant. The applicant should have been informed of the Conditional Use Permit requirement at the time she came in for her first business license. Mr. Collins reiterated there is no reason the business cannot locate in the OC zone as a business office and dispatch. The only question relates to the vehicles themselves. There being no further public testimony, Chairwoman Souders closed the public hearing. Commissioner Leonard expressed his concern with the fact that the City issued a license and now is telling the applicant they cannot conduct the business. Based on the record, he believes the use is probably incompatible with the neighborhood. Mr. Collins responded that it may not be appropriate to allow an incompatible land use as a remedy which could be unfair to neighbors. Discussion ensued on the relationship between the Conditional Use Permit and the SEPA determination. Mr. Collins agreed that it would be appropriate to incorporate the SEP A decision into the Conditional Use Permit. Commissioner Gruver moved to approve the conditional use permit for a period of one year subject to two conditions, referencing findings and conclusions to be drafted by staff based on the discussion and to be approved with the minutes of this meeting: Conditions: 1. Compliance with the SEPA mitigation measures Nos. I & 2 as contained in MDNS # 498 adopted on November 22, 1992, shall be accomplished within one year: No vehicular maintenance may be performed on-site. No non-operable vehicles or portions of any vehicles may be kept outside on- site. 2. Compliance with SEPA mitigation measure No.3 shall be immediate: No taxi vehicles may be parked within the public right of way. Findings: 1. The request is for a conditional use permit to allow a taxi cab service in the OC zone district pursuant to Section 17.20.160(A)(10) PAMC. 2. The site is developed with a single family home and attached garage on a 70' x 100' lot. . . . Planning Commission Minutes December 9, 1992 Page 5 3. The applicant has indicated the on-site taxi activities will include the following: office, dispatch, parking and staging of 5 cabs, washing the vehicles and changing of oil. 4. There has been an inoperable taxi cab stored in the back yard for at least 1 to 2 months. 5. The site is bounded by single family residences to the south, east and northeast. To the north is vacant land which is zoned single family residential (RS-7). 6. Taxi services and facilities are not explicitly listed as a permitted use in any zone district in the City. The ACD and Light Industrial zones allow a variety of vehicular servicing and transportation related land uses. The CBD also allows a number of transportation related uses. The OC zone does not list any vehicular service or transportation related land uses. 7. The Comprehensive Plan identifies the site as Urban Residential and Neighborhood Commercial. A number of Goals, Policies and Objectives have been identified as being relevant to the proposal including Goals I & 3; Commercial Policies 3, 7, 15; Circulation Policy No.2; Social Policy No.4; Circulation Objective No.2; and Land Use Objective No.2. 8. The taxi service has been issued business licenses by the City to operate at this location. 9. The Planning Commission initiated a complaint about the taxi activity at this site. 10. There was no public testimony against the proposal. The use has been in existence on this site for over one year. 11. The applicant requested a new license from the City to operate a sixth cab. Conclusions: A. The use is not compatible with the intent of the OC zone district of the Port Angeles zoning ordinance. The exterior parking of vehicles and the repair more closely related to the nature of the Arterial Commercial and Light Industrial Zone Districts rather that the Office Commercial zone which is intended to be for lower intensity uses compatible with residential uses. However, because there was no public testimony against the use which has been in operation for over a year, it can be concluded that a grace period of one year to phase out the storage and maintenance on this site is fair and reasonable. B. The complete taxi use at this location is not consistent with the Comprehensive Plan which discourages incompatible land uses and encourages automobile related uses to be located within the ACD zone. Elements of the taxi service, including . . . Planning Commission Minutes December 9, 1992 Page 6 administrative office and dispatch would be consistent with the Comprehensive Plan. C. The use provides an important transit service that is in the public use and interest. The site is not designed to accommodate storage and maintenance of vehicles and therefore has been conditioned to phase storage and maintenance out. The motion was seconded by Conunissioner Winters and passed 6-0. Mr. Collins explained that the motion was stated correctly, since it recognizes the need to maintain compatibility between land uses. A complaint made about inoperable vehicles may trigger enforcement of the nuisance ordinance. The Planning Commission took a break at 8:20 P.M. and reconvened at 8:30 P.M. REZONE REOUEST - REZ 92(12)05 - ANDERSON. Northeast comer of 12th and "0" Streets: Request for rezone of approximately 4.5 acres from RS-9, Residential Single- Family, to RMD, Residential Medium Density District. John Jimerson reviewed the Department Report. In response to questions, Ken Ridout explained an arterial will usually measure 34-36 feet curb to curb and a major arterial would be about 40 feet. Paving on Twelfth Street is probably 20-22 feet wide. Chairwoman Souders opened the public hearing. Rick Anderson, 618 South Peabody, stated the need for affordable housing has been demonstrated by the Clallam County Housing Study and the City's applications for block grants to provide affordable housing. The RMD zone was designed to bridge the gap between single and multi-family zoning. There are a number of Comprehensive Plan goals and policies identified in the staff report which would support the proposed rezone. His intent is to subdivide 19-207,000 s.f. lots and build a combination of single family and duplex structures. The 7 lots facing 12th Street would be single family, the interior lots would be either duplex or single family. Commissioner Leonard requested clarification on the SEPA mitigation measures. Mr. Collins responded his interpretation of the language is broad. Both 12th and "0" Streets must be fully dedicated and improved to the nearest arterial. The measures do not require the applicant to make the improvements, but does prevent issuance of building permits unless the improvements are in. There are two subdivisions in the works on "0" Street that may contribute to improvements and an L.I.D may be another option for making improvements. Chairwoman Souders asked for clarification on the difference between conditions on a SEP A determination and conditions on a rezone. Mr. Collins explained mitigating conditions are placed on projects that may result in significant adverse environmental impacts. If those impacts can be mitigated, conditions on the DNS would be the appropriate method. If the impacts cannot be mitigated, an Environmental Impact Statement would have to be prepared. Conditions Planning Commission Minutes December 9, 1992 Page 7 . on rezones through the PRD process can be placed to ensure that all of the City's standards and policies are addressed, not just environmental impacts. John Huston, 2438 W. 12th Street, stated he submitted a letter and petition speaking against the proposal. The petition was signed by 51 residents in the neighborhood. He presented an additional 83 names. In talking with neighbors he's discovered some common concerns. Most of the residents who have purchased homes have done so with the assurance and desire to maintain RS-9 zoning. Growth is inevitable but should be consistent with the roning. Existing streets are inadequate. There is a safety hazard with all of the children playing in the area. Chris Crowson, 2216 W. 12th Street, is a contractor who has recently built 5 houses in the vicinity. Buyers of these homes have relied on the RS-9 zoning. The developer is not in business to build affordable housing, he is in business to make a profit. Commissioner Leonard asked if it is possible to construct a house on a 9,000 s.f. lot for under $100,000. Mr. Crowson responded it is possible to build a smaller home at that rate. Ida McKeown, 2510 W. 10th Street, expressed concern that increased development will accelerate runoff and exacerbate flooding on her property to the west. . Steve Olson, 1420 South "0" Street, spoke against the rezone. He bought his house last spring and has observed significant changes since then. Large areas of land have been cleared in preparation for development. He expressed concern with the lack of neighborhood parks in the west side of town. Allan Bentley, 610 Milwaukee Drive, bought his home with the expectation that the area will be developed as RS-9. Rezoning should not be allowed unless first approved by the majority of neighborhood residents. Ann Nielsen, 2311 Samara Woods, questioned what is meant by affordable housing. The homes in the area have sold for around $100,000. John Heikkila, 1331 Marie View, was concerned the rezone would set a precedent for rezoning other large vacant parcels in the vicinity. Mark Harris, 1309 South "Oil Street, stated there are a lot of children in the area that have to walk to the bus stop. Since there are no sidewalks, there is a traffic hazard already without the proposed development. Joe Robuck, 2508 W. 10th, stated he lives next door to the property but was not notified (staff confirmed that he was on the mailing list). There are problems with standing water in the area which may be exacerbated by this project. . Bob Monger, 1206 South IIN" Street, is concerned with increased density. The applicant purchased the property aware of the zoning designation and should develop according to it. . . . Planning Commission Minutes December 9, 1992 Page 8 Rick Anderson, 618 South Peabody, stated in rebuttal that in a worst case scenario he would develop 32 lots. RS.9 would allow 14-15 lots. Drainage problems exist regardless of the zoning. He would be required to prevent an increase in the rate of storm water runoff with any particular development. It is his intent to make a profit by building affordable housing. He expects to build houses that sell for $85,000; to do that in the RS-9 would be difficult. Joe Robuck, 2508 South "011 Street, stated approving this rezone would set the stage for future rezones. Lorraine Harris, 1309 South "0" Street, is very concerned with the lack of affordable housing. She doesn't think the proposal will result in affordable housing. The duplexes will be sold to landlords who will not offer low rents. Mr. Collins explained the public notification process, whereas notices are mailed to property owners within 300 feet of the site, a sign is posted in a visible location on the site and the hearing is advertised in the paper. The process is not perfect, but it is effective. The presence of persons from outside the 300 foot radius is testimony to the value of word of mouth. There being no further public testimony, Chairwoman Souders closed the public hearing. The Planning Commission took a break at 10:00 PM and reconvened at 10: 10 PM. Commissioner Gruver moved to recommend denial of the rezone request citing the following findings and conclusions: Findings: I. The request is to rezone about 4.5 from single family residential (RS-9) to Residential Medium Density (RMD). 2. The site is designated suburban residential by the Comprehensive Plan which encourages single family development on lots ranging in size from 9,000-14,000 square feet. 3. The goals, policies and objectives of the Comprehensive Plan have been considered in this review. Those found most relevant include Goals Nos. 3 & 5; Residential Policies Nos. 2, 4, 5, 7, 15, 16-19; Circulation Policy No.1; Urban Design Policy No.4; Social Objectives Nos. 1-3; and Land Use Objectives Nos. 1, 2, 4, 6 & 7. 4. The site fronts on 12th Street. The 1100 lineal feet of 12th Street from "N" Street to the west end of the site is improved to a half width. The right-of-way is substandard (35 feet wide) for 1000 lineal feet for that stretch. 5. There are no areas zoned multi-family residential (RMD or RHD) in the suburban . . . Planning Commission Minutes December 9, 1992 Page 9 environment west of "]" Street. 6. The south side of 12th Street is developed with single family homes on lots 9,000 s. f. and larger. The north side of the street is mostly undeveloped with an occasional single family home. 7. A Mitigated Determination of Non-Significance was issued by the City of Port Angeles SEPA Responsible Official on November 27, 1992. 8. The RMD zone allows single family residential development on 7,000 s.f. lots. Conclusions: A. The proposal is inconsistent with Residential Policy No. 16 which encourages multi-family development to be located functionally close to arterials; inconsistent with Residential Policy No.5 which encourages street improvements be available to support the development; and is may be inconsistent with the policies relating to the suburban residential environment and preservation of neighborhood character. B. Circumstances have not changed in the immediate vicinity to indicate that RMD zoning is more appropriate than the existing RS-9 zoning. The area has been developed as a large lot single family neighborhood. C. The rezone without a Planned Residential Development does not ensure that the development of the site will be compatible with the existing neighborhood. The motion was seconded by Commissioner Anabel. Discussion ensued as to whether the recommendation is based on land use or roadway issues. Commissioners Winters and Leonard did not believe the roads should be at issue for the rezone as they need to be improved for any development to occur. Commissioner Gruver noted that the Comprehensive Plan update is almost complete, and that plan may provide direction on the appropriateness of this type of rezone. Since it may take some time to address the lack of roads anyway, he believes it is appropriate to not rezone at this time. On call to the question, the motion passed 4-2 with Commissioners Winters and Leonard voting II no" . PARKING VARIANCE - PKV 92(12)03 - ROGERS. 1210 East Front Street: Request for a reduction in the required number of parking spaces in association with a retaillwarehouse/office use in the Arterial Commercial District. John Jimerson reviewed the Department Report. He also explained the difference in how the applicant and the staff calculate the parking requirement for the previous use. Charles Smith, 319 South Peabody, stated a new printing business would like to move into this facility and Silver Screen Video would expand. There is adequate room to design a parking lot . . . Planning Commission Minutes December 9 t 1992 Page 10 to City standards. Chairwoman Souders stepped down for reason of appearance of fairness. V ice-Chairman Anabel assumed her position. Sara Schroeder, Bothell, represents the Schroeder estate. Her parents were long time residents of Port Angeles. Her father was once a Councilman for the City. Their meat processing business employed nine persons before it closed down. Even with the video store, they never experienced any parking problems. There is a pending sale on the property. The printing operation would employ six persons. The proposal is to modify the warehouse into office space and improve the building's appearance. The business serves a stable national market and will serve to improve the local economic base. The traffic congestion will be eased by the fact that large trucks will no longer have to maneuver within the site. If the variance is not approved they will lose a good buyer and do not think they can find as good of a buyer. Scott Schroeder, QuiliceDet stated the use will improve the local tax base and will allow Silver Screen Video to expand their good business. There being no further public testimony, Vice-Chairman Anabel closed the public hearing. Commissioner Leonard moved to approve the parking variance request citing the following findings and conclusions: Findings: I. The request is to allow a reduction of required parking from 40 to 20 spaces in the Arterial Commercial Zone District. The 21,000 square foot site is developed with 3 buildings with an area of nearly 10,000 s.f. The applicant has redesigned the parking lot to make use of the entire site. There is room for only 20 parking spaces. 2. The parking ordinance allows variances to be approved if the intent of the ordinance is met. 3. The site is legally non-conforming with respect to meeting the parking ordinance requirements. For existing uses, required parking is 20 spaces. There are only 9 parking spaces provided. Thus the site is 31 spaces shy of meeting the required parking. 4. The proposed uses for the site would increase the required parking to 51 spaces, an increment of 31. In order to meet the requirements of the parking ordinance, the number of parking spaces would also have to increase by 31, from 9 to 40. Planning Commission Minutes December 9, 1992 Page II . Conclusions I. The granting of a variance would be consistent with the purpose of the parking ordinance. 2. The conversion from primarily warehouse use to primarily retail and office use would be a benefit to the City. The motion was seconded by Commissioner Gruver and passed 5-0. COMMUNICA nONS FROM THE PUBLIC None. STAFF REPORTS Mr. Collins noted that Joe Robuck was on the mailing list and was sent a public notice for the rezone request and he thought the others who did not receive notices they were outside of the 300 foot radius for mailing. . REPORTS OF COMMISSION MEMBERS Commissioner Leonard stated he would like the City Staff to review final plats to a minimum level, at least as a cursory review to ensure there are no glaring errors in the data. The Planning Commission concurred with Commissioner Leonard and would like this to be part of the record for City Council review. Discussion ensued as to the consequences of an inaccurate plat. Commissioner Philpott raised a concern of zoning property RS-9 when annexed into the City. Doing so raises property owners expectations that zoning will always be RS-9. As a result, it makes it more difficult to rezone property later. ADJOURNMENT There being no additional business, the Planning Commission adjourned at 11:45 P.M. . -~~ Brad Collins, Planning Director Cindy Souders, Chairperson . ..tCI10NS REGARDING PLANNING COMMISSION MINUTES Meeting of December 9, 1992 SHORELINE MANAGEMENT PERMIT - SMA 92(12)131. CITY OF PORT ANGELES. Ediz Hook Drive: Request for a permit to allow upgrade to the waterfront area including paving, signage and upgrade to the Paddle Park area. The Council could move to concur with the recommendation of the Planning Commission to approve the permit as conditioned, citing the Commission's findings and conclusions, or set a public hearing to consider an alternative action. CONDmONAL USE PERMIT - CUP 92(12)12 - ANGELES TAXI. 904 East Seventh Street: Request to locate a taxi office and related servicing in the OC, Office Commercial District. No action is required by Council at this time, unless appealed. . REZONE REQUEST - REZ 92(2)05 - ANDERSON. Northeast corner of 12th and "a" Streets: Request for rezone of approximately 4+ acres from RS-9, Residential Single-Family, to RMD, Residential Medium Density District. A public hearing has been scheduled for January 5th for this proposal. PARKING VARIANCE- PKV 92(2)03 - ROGERS. 1210 East Front Street: Request for a reduction in the required number of parking spaces in association with a retail/warehouse/office use in the Arterial Commercial District. Council should review the recommendation of the Planning Commission and affirm, affirm with funher conditions, or reverse the decision of the Planning Commission based on the record as presented. . / . PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Mee~ P~~O":"i~ Date ~ 99n2- Location 4~i 5th Street - City all Name Address . ~ Z424 tJ /2 --7}/ cS 7' 7 /1 ~ {o ~ 44 - ( I ( 133 / ,./e t/i'k~ +- \\\, \'J.-.*-- S\-. J J 5 ,- \, / / cr d 0 S-/_ ~ ,?J ~ os. f'Dfl~ ~~~ -;(.~ P-d-d-- t (0 /Ill 114- /11(( I ~ C-\. lS~Q(,Ao,~ 5f to ~ I 1-- \ L\ ~ \ ~('A ~IC- \.) l~lQ. . PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Meeting Planninf Commission Date Location 321 E. 5th Street - City liaJI ~ AddIm ~ 22th W 12/7<:;.; ~/j- P//f'- z4l7..- w---~ /7--1 /J PA.~ 4-4 ~~ b 5~~~o ~ ~~O- / iffY: 5.0'< 0 Ie ~A f/~ ../" ~ -j~Oh~UL ~~ S. N.5-+ aft. 16 1.1JJ ft Utc~:E D ~ 1 'R ~ , .