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HomeMy WebLinkAboutMinutes 12/12/1990 , , ~ AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 December 12, 1990 7:00 P.M. I. CALL TO ORDER II. ROLL CALL ill. APPRO V AL OF l\1INUTES: Meeting of November 28, 1990 IV. CONTINUED ITEMS: .' REOUESTFOR ANNEXATION - ANX 90(10)1- FREEMAN. South Albert: Request for annexation of approximately 5.7 acres. (Continued from November 14, 1990.) 2. CONDmONAL USE PERMIT - CUP 90(11)21 - CLALLAM-JEFFERSON COMMUNITY ACTION HEAD START - 719 South Laurel: Request to allow a preschool and educational support service for parents in the CSD-C 1, Community Shopping District. (Continued from November 14, 1990) 1. V. PUBLIC HEARINGS: 1. STREET VACATION REOUEST - PRIEST ET AL. - STY 90(07)03 -East First Street: Request to vacate a portion of the East First Street right-of-way east of Alder Street. VI. COMl\RJNICA TIONS FROM TIlE PUBLIC VIT. STAFF REPORTS Vill. REPORTS OF COMMISSION MEMBERS ;..~ IX. ADJOURNMENT ,.. .' . . Agenda Planning Commission December 12, 1990 Page 2 Community Shopping District. (Continued from November 14, 1990) V. PUBLIC HEARINGS: 1. STREET VACATION REQUEST - PRIEST ET AL. - STV 90(07)03 -East First Street: Request to vacate a portion of the East First Street right-of-way east of Alder Street. VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT 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: Spokesmen for the proponents and opponents wiD be eiven an opportunity to speak to the request. Infonnation submitted should be factual. relevant and not merelv duplication of a previous presentation. A reasonable time no minutes) shall be allowed the spokesman: others shall be limited to short sUDportina remarks (5 minutes). Other inteested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chainnan may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertainine to previous testimony. Comments should be directed to the Plannine Commission. not the City Staff representatives present. unless directed by the Chainnan. Planning Commission: Larry Leonard, Chair; Ray Gruver, Vice-Chair; Bill Anabel; Roger Catts; Donna Davison; Jim Hulett; Bob PhilpOll. Planning SUlfi': Brad Collins, Planning Director; Sue Roberds, Planning Office Specialist. r' . . . PLANNING COMMISSION Port Angeles, Washington December 12, 1990 I CALL TO ORDER Chairman Leonard called the meeting to order at 7:05 P.M. II ROLL CALL Members Present: Ray Gruver, Roger Catts, Jim Hulett, Larry Leonard, Bob Philpott, Cindy Souders, Bill Anabel. Members Absent: None. Staff Present: Brad Collins, Sue Roberds, Ken Ridout, Bruce Becker. III APPROVAL OF MINUTES Mr. Anabel moved to approve the minutes of the November 28, 1990, meeting. Mr. Gruver seconded the motion, which passed unanimously. IV OLD BUSINESS REQUEST FOR ANNEXATION - ANX-90(10)1 - FREEMAN, South Albert: Request for annexation of approximately 5.7 acres. (Continued from November 14, 1990.) Mr. Collins reviewed the revised Department Report, noting the applicant's representative submitted a revised site plan on December 12th and a further revised site plan prior to the meeting. Mr. Collins noted the Planning Commission closed the public hearing for this issue on November 14, 1990. He explained the City1s concern that 60 feet of right-of-way be provided adjacent to the south boundary of the site from Scribner Road to the National Park boundary to allow for future replatting circulation and ingress/egress. Following lengthy discussion on whether or not an easement or right-of- way should be required, Mr. Collins noted that the two key issues are: 1. Obtaining necessary rights-of-way to allow unrestricted public access to the property; 2. Whether Scribner Road right-of-way should be extended the length of the private property to the west boundary of the National Park property located at the southeast corner of the site, which would be approximately one-half the distancealong the soutnern boundary of the subject property, and may be more in the public's interest. r' . . . PLANNING COMMISSION December 12, 1990 Page 2 There was lengthy discussion on extension of the Scribner Road right-of-way to the Park's west boundary. Following that discussion Mr. Collins noted that the Comprehensive Plan Annexation Policy No. 4 states that necessary rights-Of-way and easements should be obtained ,prior to or at the time of annexation. In response to a question on the legality of building a public street on a private access, Deputy Director of Public Works Ridout stated that a public street could not be built on a private easement, but could be built on a public easement. Julie Bondy, Planning Director for Northwestern Territories, Inc., 717 South Peabody Street, spoke in response to a question from Chairman Leonard concerning the new legal description submitted, to include a portion of property to the south of the SUbject site. Ms. Bondy stated she had spoken with Mr. Allen, owner of the adjacent property. She explained her research on the available right-of-way and easement in the area. Dedication of an additional 30 feet of right-of-way along the southern boundary of the proposed site, by Mr. Allen, owner of the adjacent property, would not serve her client's interest or be of interest to Mr. Allen. Mr. Collins noted that a City street would not be built and maintained on an easement that was not in the city. Following lengthy discussion, Mr. Gruver moved to recommend approval of the area as legally described in the November 14, 1990, submittal and necessary Scribner Road rights-of-way and easements, subject to the following condition: CONDITION: 1. A subject area be replatted per City approval; and citing the following findings and conclusions: FINDINGS: 1. The proposal would annex approximately 5.7 acres southeast of the existing city limits, south of Thistle Street and east of Old Mill Road into the City of Port __.Ang,eles.. The,pr.operty ,is..bounded by City limits to the north and west and by Olympic National Park on the east and the south. 2. The proposed annexation area is not served by any County roads or other services. 3. The annexation area is currently zoned by Clallam County as Rural Residential 2, which allows a single home on 2.4 acres, or 4 homes per acre in a planned unit development. " PLANNING COMMISSION December 12, 1990 Page 3 . 4. Rhodes Road, Rose Road, Eunice street, and Thistle street do not provide an adequate 60-foot right-of-way access to the proposed annexation area; Scribner Road does provide the necessary rights-of-way and easements for the subject property at the time of annexation. CONCLUSIONS: A. The proposed annexation, as conditioned, is consistent with the Policies of the Port Angeles Comprehensive Plan. B. The proposed annexation is consistent with the require- ments of Chapter 35A.14 RCW, but may not include in the annexation any property not described in the petition. Mr. Philpott seconded the motion. In response to a question from Mr. Philpott, Ms. Bondy responded that in her contact with Mr. Allen, he stated he assumed the easement would be developed to acceptable standards. Further, he has given the property as an easement and will not be a barrier to the development of the area to City standards. . The question was called and the motion passed unanimously. CONDITIONAL USE PERMIT - CUP-90 (11) 21 - CLALLAM-JEFFERSON COMMUNITY ACTION HEAD START - 719 South Laurel: Request to allow a preschool and educational support service for parents in the CSD-C1, Community Shopping District. (Continued from November 14, 1990.) Mr. Collins reviewed the revised Department Report and noted this hearing was closed November 14, 1990. Chairman Leonard asked if the applicant had further parking information from the Baptist Church. Peter Simpson, Director of the Clallam-Jefferson Community Action Council and a sponsor for the Head Start Program, located at 540 East Eighth street, and Roy springer addressed the Commission. Mr. Springer presented letters from surround- ..ing. businesses, .including the. First Baptist C;:hurch, Olympic Job Training Center, and First Federal savings & Loan Associa- tion, offering parking space at their facilities for the Head start use. . Deputy Director of Public Works Ridout noted that a loading zone request had not been received and would be required for the use. Mr. Collins noted options available to the Commission and suggested that, if the Commission approved this permit, it be ,~ PLANNING COMMISSION December 12, 1990 Page 4 . for a specified period of time. The facility is not adequate for the use, and the major offer of parking sites available in the area is located more than 100 feet away from the site, which is in conflict with the City's parking Ordinance. Mr. Collins noted that the Commission may decide that the conditional Use is appropriate and proposed parking satisfies the use for a temporary period of time at the site. If approved, the applicant would be required to bring the facility up to the appropriate building and health code requirements, which might not be economically feasible for a temporary use. In response to a question from Chairman Leonard about the possibility of relocation of the use, Mr. Simpson responded it would take some time to relocate the facility and the disruption to the children is their most critical factor. Mr. Springer added it would take an $20,000 to bring the building to standards. estimated $15,000 to building and health Mr. Philpott moved to approve the Conditional Use Permit for the duration of the existing lease with the property owner, to August 31, 1993, citing the following conditions: . CONDITIONS: 1. Madeline Jensen of Job Service is willing to enter into a cooperative parking agreement with Clallam-Jefferson Head start for one parking space in the lot north of the Head Start building. Head Start would use that space for visitor parking. 2. Thirteen parking spaces for Head Start vans and staff autos are available at the Baptist Church, located at sixth and Laurel. A cooperative parking agreement would have to be approved by the City. 3. The building meet all building and health codes. 4. The use successfully obtain a loading zone on the east side of Laurel Street north of Eighth Street. 5. Curb stops be placed along the perimeter of the fenced area where it meets the parking lot 1 to ensure the safety of the children when they are in that space. and citing the following findings and conclusions: FINDINGS: . 1. The Cla11am-Jefferson County Head Start is a pre-school. 2. The subject site is zoned CSD-C2. PLANNING COMMISSION December 12, 1990 Page 5 . 3. The pre-school facility covers approximately 95% of the usable site. 4. There is no off-street parking available on-site. 5. Day care centers and other uses compatible with the intent of CN and CSD Zones are conditional uses in the CSD-C2 Zoning District. 6. The Parking Ordinance requires a minimum of ten parking spaces for pre-school uses. 7. Other businesses in the vicinity and zone support the use. 8. The plan for outdoor play areas to be used by the pre- school children and play area standards are found acceptable by Region X Head start. 9. Fifth and Oak street playground is located four blocks west and north of the site. CONCLUSIONS: A. Pre-schools are similar to day care centers and compatible with the intent of the CSD Zoning Districts. . B. There is room on-site to provide for conditions necessary to protect the public safety and welfare. c. The use, as conditioned, would satisfy the requirements of the Comprehensive Plan and the Zoning Code. D. The use, as conditioned I is ln the public use and interest. Mr. Anabel seconded the motion. There was further discussion on the parking situation and whether the Olympic Job Training Center had agreed to a cooperative parking agreement. It was noted that the intent is for the off-site parking arrangements to be finalized with cooperative parking agreements filed with the city. The motion was called for and ,passed unanimously. The Commission took a break at 8: 55 P. M. reconvened at 9:10 P.M. The meeting . PLANNING COMMISSION December 12, 1990 Page 6 . V PUBLIC HEARINGS STREET VACATION REQUEST - PRIEST, ET AL. - STV-90(07)03 - East First street: Request to vacate a portion of the East First Street riqht-of-way east of Alder Street. . Mr. Collins reviewed the Department Report. Deputy Director of Public Works Ridout noted that in 1987 right-of-way near the center of the same property was sold to the property owners. The State owns the property and will receive all monies from the sale of the property. The property is a filled ravine. The right-of-way in question was required previously in order to protect and maintain the slope stability of the ravine when it was in its natural state. Due to the filling of the ravine, that slope stability is no longer an issue. Mr. Ridout said he had written to the State Department of Transportation in May, 1990, concerning the request for vacation of this right-of-way. The state has not responded to the request for permission to vacate and communication with the state has been very long and drawn-out to this point. The state is waiting for an appraisal report, which they think may have been done. The property cannot be vacated without compensation set. Mr. Ridout further clarified that the right-of-way property belongs to the city but the State will receive the funds. Chairman Leonard opened the public hearing. Julie Bondy, Planning Director, Northwestern Territories, Inc., 717 South Peabody street, stated she is in agreement with the Department Report and comments made by staff. She encouraged the Commission to continue with the vacation process without further delay, to the point possible. Following considerable discussion on improvements required as a condition of approval, Mr. Gruver moved to approve the street vacation request, as submitted, subject to the following condition: CONDITION: 1. Adj acent owners be required to upgrade the area by installing sidewalks and reconstruction of driveways. - citing the following findings and conclusions: FINDINGS: 1. RCW 35.79.010 requires the petition to be heard not more than 60 days nor less than 20 days from November II, 1990. . PLANNING COMMISSION December 12, 1990 Page 7 . 2. State laws regarding street vacations provide the primary direction of serving the public use and interest in approving a street vacation request. 3. The Light Department's 20-foot right-of-way behind the curb should fall within the 50-foot right-of-way remaining on the north side of First street as it is now improved. 4. This property has not been identified in the Parks & Recreation Plan or any other specific plan. 5. The Police and Fire Departments did not identify any potential adverse public safety impacts which would be attributable to the proposed street vacation. 6. No comments have been received from any City departments or the state Departments of Transportation or Wildlife concerning the impacts of the proposed street vacation on traffic patterns. 7. A portion of the SR 101 right-of-way in the vicinity of First and Alder streets was previously vacated to Priest, et al., in February, 1987. . 8. The White Creek Ravine in this area has been totally filled to street level and the area requested for vacation is no longer necessary for the maintenance and/or reconstruction of said ravine slopes. 9. Monies paid for the property go to the state. CONCLUSIONS: A. Because the primary purpose of the subject property was for slope stability of SR 101 across the White Creek Ravine and is no longer necessary between First and Front Streets, it does not appear that this street right-of- way is still serving a useful public purpose. B. It appears that the street vacation would be in the public benefit at this time by returning the property to the tax rolls and facilitating commercial development of . . ,..-this - ..ACD,:",Zoned . site - ,consistent with surrounding properties. C. Comprehensive Plan Commercial policies Nos. 1 and 2 and Circulation Policies Nos. 4 and 14 are supportive of the proposed action. . Mr. Anabel seconded the motion. Discussion ensued. In response to a question to Mr. Ridout, he explained the need for the provision of public sidewalks . PLANNING COMMISSION December 12, 1990 Page 8 ~he area is to provide for the safety of the citizens of Port Angeles and provide appropriate improvements in the area to protect the public health, safety, and welfare. Following further discussion, the motion was called for and passed 6 - 1. Chairman Leonard's "no" vote was explained as being due to the condition that the applicant property owners provide sidewalks and upgrade driveways in the area. VI COMMUNICATIONS FROM THE PUBLIC None. VII STAFF REPORTS Mr. Collins distributed a copy of the revised Plan "C" of the DelHur, Inc., proposal. Ms. ,Roberds reported on fOllow-up of concerns expressed at the previous meeting by Commissioner Catts regarding possible zoning violations. . Mr. Collins stated there are no applications pending for the January 9th meeting of the Planning Commission and questioned whether the Commission would like to consider one of the long- range priority issues. The Commission responded in the affirmative and PBIA amendments will be prepared for discussion. VIII REPORTS OF COMMISSION MEMBERS Mr. Gruver noted the availability of the publication "The Planner's Bookstore", which he received from the American Planning Association. Mr. Catts gave a brief report on the Comprehensive Plan Advisory committee meetings. He noted on January 8th the Advisory Committee will be meeting with the Human Services Coordinating Council. He noted the availability of the Port Angeles Downtown Association I s plan for the Downtown and Waterfront area, and stated a meeting with the Port Angeles Downtown Association and Chamber of Commerce concerning transportation would be in the near future. Working out the concept for the neighborhood meetings has also been under consideration. . . Mr. Hulett questioned whether the City Council had appointed the housing subcommittee as yet. Mr. Collins responded a resolution forming the Advisory Housing Subcommittee would be on the Council's agenda for the next meeting (January 2,1991). Mr. Hulett felt there should be a more detailed requirement for appeal of permits approved by the city. He said there should be requirements dictating the appellant file valid reasons for appeal of decisions made by the Administrative . . . PLANNING COMMISSION December 12, 1990 Page 9 Hearings Officer or Planning Commission. He suggested criteria be developed for appeals and contained in the Zoning Code. Ms. Souders noted that the Housing/Transportation Subcommittee of the Comprehensive Plan Advisory committee had postponed a meeting due to the appointment of the Housing Advisory Committee by the City Council. She hoped the Housing Advisory Committee would be formed soon so the Housing/Transportation Subcommittee could get on with the business assigned to it. It was the consensus of the Commission that the Housing/ Transportation Subcommittee continue with its work without delay. Mr. Collins noted an Urban Growth Areas Advisory Committee would be formed with the County as soon as a scope of work for Urban Growth Areas is accomplished by the Planning Director. IX ADJOURNMENT The meeting adjourned at 10:30 P.M. .~ o lins, Secretary PLAN. 406 r' . . . CITY of PORT ANGELES ATTENDANCE ROSTER .0(04 NM\"G T'iPE OF ~1EETING DAm OF MEETING lOCATICN Pr6NNING COMMISSION 4 ~f2~ lv< Ie;(. /99(J /' CITY HALL ' NAME: ADDRESS: 0'2. rt. J 3~(/ ~ -J-4 5~fIk w4. 4/-2 HI11AIa~6v-GeMS ?+ L.d.//jiAj ( fJJk