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HomeMy WebLinkAboutMinutes 01/13/1999 . . . ~ORTANGELES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Eifth Street January 13, 1999 L . CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of December 9, 1998 IV. PUBLIC HEARINGS: 1. PARKING VARIANCE - PKV 99-01 - HousinS! Authority of Clallam County. 2602 - 2660 South Francis Street: Request for a reduction in the number of parking spaces required for low income residences from 56 spaces to 42 spaces within the Housing Authority complex. 2. MUNICIPAL CODE AMENDMENT - MCA 98-05 - City of Port An2eles. City wide: Proposal to amend the provisions regarding nonconfonning structures and substandard lots. 3. REOUEST TO CIRCULATE AN ANNEXATION PETmON - ANX 99-01- Stetson/Corbett. North of Highway 101 at Del Guzzi Drive: Request to circulate an annexation petition for approximately 1.51 acres of property adjacent to the east City limits. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. HAPPY NEW YEAR II! PLANNIl'i1G COMMISSIONERS: Dean Reed (Chair), Mary Craver (Vice), Cindy Souders, Bob King, Linda Nutter, Fred Hewins PLANNmG STAFF: Brad Collins (Director), David Sawyer (Senior Planner), Sue Roberds (planning Specialist) . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 13, 1999 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Dean Reed, Fred Hewins, Mary Craver, Bob King Members Absent: (One Vacancy) Staff Present: Brad Collins, Sue Roberds, David Sawyer, Bruce Becker, Gary Kenworthy Public Present: Pamela Tietz, Jason McLaughlin, Cathy Marthy, Mary Morgan, J.Larry McHone APPROVAL OF MINUTES Commissioner Nutter moved to approve the December 9,1998, minutes as presented. The motion was seconded by Commissioner Hewins and passed 3-0 with Commissioners Craver and King abstaining due to their absences. PUBLIC HEARINGS: PARKING VARIANCE - PKV 99-01 - HOUSING AUTHORITY OF CLALLAM COUNTY. 2602 - 2660 South Francis Street: Request for a reduction in the number of parking spaces required for low income residences from 56 spaces to 42 spaces within the Housing Authority complex. Senior Planner David Sawyer reviewed the Planning Department's staff report recommending approval of the requested reduction in the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit. F oUowing questions from the Commission, Chair Reed opened the public hearing. Pam Tietz, 1311 West 9th Street, stated that this is the final piece in a plan to establish a boys and girls club use within the Housing Authority project area. As many residents cannot. afford to drive cars, public transportation or transportation by relatives is more prevalent. The Housing Authority site was developed prior to current zoning regulations and parking was not an issue. There is no need to provide two spaces for each residential unit in this type of housing development as is the case in typical housing developments. One and one half spaces per unit is logical. Many children who live in the area will be attending the boys and girls club use which will reduce the need for additional automobiles from outside the housing area to that facility. Commissioner Nutter stated a concern that the staff parking area has not been designed to . . . Planning Commission Minutes - ]lU\uary 13, 1999 Page 2 provide for easy circulation around the community building. Ms. Tietz responded to the Commissioner's concern that parking may be added in the future if needed when funding becomes available. She did not believe there would be a problem with the current proposal. The 50 spaces outside the fenced area for the boys and girls club community room will always be available. [ffencing off the additional 15 parking stalls for staffuse after hours becomes a problem, the fence will be removed. Mary Morgan, 1502 Woodcock Road, Sequim, urged support of the parking reduction which is critical to opening the doors for the new boys and girls club use in the Housing Authority's operation. Boys and girls will not be driving to the site as most of those served reside on the property. There being no further testimony, Chair Reed closed the public hearing. Commissioner King moved to approve the reduction in the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit for Area 4 - 4 of the Clallam County Housing Authority use at 2602 - 2660 South Francis Street citing the following findings and conclusions: Findings: Based on the information provided in the January 13, 1999, Staff Report for PKV 99-01, 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 and owner of the property is the Housing Authority ofClallarn County. 2. The subject property includes Area 4-4 of the Housing Authority ofClallarn County Housing Project located at 2602-2660 Francis Street. 3. The applicant's proposal is to reduce the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit. 4. This area includes seven low-income residential fouplexes, the Authority's office, a community room, maintenance facilities, and a Boys and Girls Club facility. 5. The City does not have any original building records for these buildings but photographic records indicate the majority of the buildings were built prior to the 1950s and with the exception of the Boys and Girls Club have been continuously used for the current purpose of low-income housing. 6. The Boys and Girls Club was approved for this site in 1998, subject to compliance with the City's Parking Ordinance. 7. The property is designated as Low Density Residential in the City's Comprehensive Plan. . . . Planning Commission Minutes - January 13, 1999 Page 3 8. The property is zoned Single Family Residential (RS-7). 9. The housing units as configured are nonconforming based on their development as fourplexes, the office use is a nonconforming use, and the Boys and Girls Club is a conditionally permitted use. 10. During a visit of the site, staff counted a total of 19 vehicles in the 65 spaces in the subject area. 11. Planning Department staff feels a variance based on a reduction in the parking requirement for residential units from 2 spaces per unit to 1.5 spaces per unit based on the Authority's low-income requirement for residence in these units is appropriate. 12. The Public Works and Fire Departments indicated they have objections to this proposed variance. 13. The City's Parking Ordinance states "No variance shall be granted by the Planning Commission unless the Commission finds: 1. 2. The variance is not detrimental to surrounding properties; The parking provided is sufficient to meet the parking needed by the use(s)~ The variance will not create increased congestion or traffic hazards along adjacent streets and alleys~ The variance is consistent with the intent of the Off-Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan." 3. 4. 14. The proposed variance is categorically exempt from State Environmental Protection Act threshold determination and environmental impact statement requirements. 15. This variance reduces the requirement for the 28 residential units located on the subject property from a cumulative total of 56 spaces to 42 spaces. 16. Legal publication was provided in the Peninsula Daily News regarding the application on January 1, 1999, and the site was posted for 12 days prior to the public hearing. Conclusions: Based on the information provided in the January 13, 1999 Staff Report for PKV 99-01, (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. Considering the housing units are limited to low-income residents with limited resources and who often to not own their own vehicles, the granting of this variance should not impair traffic flow on the adjacent streets. . . . Planning Commission Minutes - January 13. 1999 Page 4 2. The variance is not detrimental to surrounding properties. 3. The parking provided is sufficient to meet the parking needed by the use. 4. The variance will not create increased congestion or traffic hazards along adjacent streets and alleys. 5. The variance is consistent with the intent of the Off-Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan, specifically Land Use Element Policy DI and Transportation Element B14. The motion was seconded by Commissioner Souders. Commissioner Nutter suggested that the plan should be modified and possibly eight or ten parking spaces should be added to account for the reserved staff parking area (15 spaces) which is fenced off during non business hours reducing the available parking spaces to 43 rather than 58 as proposed. Commissioner Souders noted that the Commission has approved reductions in parking for senior housing developments, which are similar to this type of development in that the residents may not have access to a vehicle, to 1.5 spaces per unit. If that calculation is used as a standard as is suggested, then the number of required parking spaces for the Housing Authority use as proposed would be 42 spaces and at least 43 full time spaces are proposed. This housing development does not contain the desired aesthetic elements inherent to more standard developments, and it doesn't make good sense to reduce what little open space there is by requiring additional parking that may not be needed. The vote was called for and the motion passed 5 - 1 with Commissioner Nutter voting in the negative. MUNICIPAL CODE AMENDMENT - MeA 98-05 - City of Port Angeles. City wide: Proposal to amend the provisions regarding nonconforming structures and substandard lots. Senior Planner David Sawyer reviewed the Planning Department's staff report proposing to amend the Port Angeles Municipal Code with regard to nonconforming structures and substandard lots. The Commissioners undertook a lengthy discussion as to what degree a structure could be damaged without the need to restore or reconstruct in compliance with current regulations. Discussion then took place as to what evaluation methods would be used to ascertain whether damage more than seventy-five percent had occurred. It was agreed that the zoning regulations intend to allow some restoration or reconstruction of nonconforming structures, however, it was also understood that the perpetuation of nonconforming situations is not the intent of the zoning ordinance. Chair Reed opened the public hearing. There being no public testimony, Chair Reed he then closed the public hearing. . . . Planning Commission Minutes - January 13, 1999 Page 5 The Commission began a detailed discussion as to how a structure would be evaluated for damage and restoration or reconstruction, who would pay for the assessment, appeal provisions, and structural versus minor repair. It was explained by Director Collins that no matter how the building exceeds seventy five percent damage or demolition, the resulting structure shall conform to current construction and zoning standards. With deletion of a section that specifically addressed minor repair and changing wording in the appeal section to indicate that an aggrieved party may appeal a determination, Commissioner Souders moved to recommend that the City Council amend the Port Angeles Municipal Code as proposed citing the findings and conclusions listed below: The motion was seconded by Commissioner Craver and failed 1 - 5 with Commissioner Craver voting for the motion. Commissioner Souders amended her original motion to include the provisions for minor repairs without the wording "non structural" (Section 17.95.030(2)(C)) which was deleted from the previous motion citing the following findings and conclusions below: Findings: 1. The City's Comprehensive Plan Land Use Policy A 2 states: ''All/and use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." 2. An Adoption of an Existing Environmental Document and Determination of Non Significance was issued for the proposal on December 8, 1998. 3. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. 4. Section 17.95.030 permits, rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value. 5. Section 17.96.040 recognizes lots as legal that were created prior to adoption ofthe City's Zoning Code and do not meet the Code's area or width requirements. It further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. 6. As the Code is worded, it exempts a building on a substandard lot from height and lot coverage requirements. . . . Planning Connnission Minutes. January 13, 1999 Page 6 Conclusions: A. The proposed amendments are general in nature and benefit the public as a whole rather than a single property owner. B. The proposed amendments are necessary to protect the integrity of the City's Zoning Ordinance, particularly the area and dimensional requirements of its various zones. C. The proposed amendments are consistent with Comprehensive Plan Land Use Policy C1. D. The proposed Municipal Code amendments are in the public use and interest. The motion was seconded by Commissioner Craver and passed unanimously. REQUEST TO CIRCULATE AN ANNEXATION PETITION - ANX 99- 01 - Stetson/Corbett. North of Highway 101 at Del Guzzi Drive: Request to circulate an annexation petition for approximately 1.51 acres of property adjacent to the east City limits. Planning Director Collins reviewed the Planning Department's staff report suggesting that the Planning Commission recommend that an annexation petition be allowed to be circulated but that the area be increased to include those areas east to Baker Street and north to Ennis Creek Road, an increase of 11.12 acres from the requested 1.51 acres for a total acreage of 12.63 acres. The area is nearly all environmentally sensitive. Larry McHone, 330 East First Street, Suite 1, Port Angeles, stated that the applicant's property has been on the market for some time. Most ofthe total ownership is in the City, however, a small portion (1.51 acres) is in the county and is zoned open space. It is the desire of the property owner to annex to the City and rezone the property for commercial use. There would not be an objection to the environmentally sensitive areas designation for those steep slope areas of the property. The property ownership extends to the edge of the Ennis Creek canyon and contains approximately 30,000 square feet of usable property. If the applicant is required to include the additional acreage proposed by staff, the proposal will not go forward. Access to the property would be from the Highway 101/Del Guzzi Drive stoplight. Planning Director Collins reviewed some development options for the property and concluded that if the plat in which the property is located is vacated, development of the property would be limited to the single property rather than several lots which would require additional City services. Under that scenario, staff revised its recommendation to exclude the additional 11.12 acres originally recommended but include the width of Highway 101 to the east property limits. . . . Planning Commission Minutes. JanU3ty 13, 1999 Page 7 Commissioner Hewins moved to recommend that the City Council allow the circulation ofa petition for annexatio of the 1.51 acre parcel as proposed with the addition of the width of State Highway 101 to the east property line in this location citing the following conditions, findings, and conclusions: Conditions: 1. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 2. City Comprehensive Plan land use designations and zoning shall be consistent with the County's Comprehensive Plan land use designations and the City's Comprehensive Plan Conservation Element policies. 3. An annexation agreement and master plan shall be prepared and signed by the petitioners. 4. Lots 1 - 8 and Lots 16 - 24, Block 7, Noh Hill Addition shall be merged into a single parcel. 5. Non-protest agreements shall be signed by a minimum of60% of the property owners for the formation of separate L.l.D.'s for roadway and storm improvements, water extensions, and sewer extensions. 6. The proposed annexation area shall be expanded to include US Highway 101 connecting south to the city limits. Findings: 1. On December 14, 1998, the Planning Department received an annexation request from Betty 1. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). 2. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council February 2, 1999, meeting. 3. The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A), and the applicants own the adjacent property to the west described as Lots 8-13, Block C, Puget Sound Co-op Colony's 1st Addition to Port Angeles, which is inside the city limits. 4. The area is subdivided into 17 individual lots under one ownership; the annexation request petition is made by this one property owner with 100% of the assessed valuation of the area. Planning Commission Minutes - January 13, 1999 Page 8 .~ 5. The area of annexation is undeveloped. The topography ofthe area slopes to the north and forms the ravine adjacent to Ennis Creek which runs south to north. 6. The proposed annexation area is within the Port Angeles Urban Growth Area. 7. The proposed annexation area is contiguous on its west side to the established City limits. 8. The petitioners are selling a small tract ofland made up of all the lots in two blocks as commercially zoned property; to facilitate this sale, they are seeking annexation to Port Angeles for the purposes of rezoning the property to commercial arterial and making urban services from the City available for future development of the property. 9. The nearest City water and sewer are located along US Highway 101. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway, and, as proposed, no streets could access the lower portion of the site. 10. The topography of the proposed annexation area creates an "islandu that would be accessible only through unincorporated area and makes servicing the area awkward, if not difficult. . 11. The factors considered under RCW 3 5A.14 .200 in review of annexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." 12. The area of annexation includes areas likely to be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such will be subject to the regulations of that ordinance. 13. The Port Angeles Comprehensive Plan as amended June, 1997 contains 10 policies (Growth Management Element Policies B I-I 0) directly related to annexations and 2 goals, 8 policies, and 1 objective (Conservation Element Goals A-B, Policies AI-2, Bl-2, B4-6, B 16, and Objective B3) related to unique physical features. 14. The proposed promotional annexation must comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. - Conclusions: 1. As conditioned, the proposed annexation is consistent with the City's annexation policies as established in the Comprehensive Plan Growth Management Element (policies B 1-1 0) and Conservation Element Goals A-B, Policies AI-2, B 1-2, B4-6, B 16, and Objective B3 and Resolution 18-78. e. . . Planning Conunission Minutes - Janumy 13, 1999 Page 9 2. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth which is expected to occur over the next ten years. 3. There is poor access to the site for urban services, and there are significant topographical features (steep slopes and a stream) on or adjacent to the site. 4. As reviewed by the Planning Department, the area of annexation may propose a challenge to servicing. 5. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 6. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. 7. As conditioned, necessary rights-of-way will be obtained by the City. 8. A subject area is for sale, and the proposal is, therefore, promotional in nature. 9. As conditioned, the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas are found to be adequately addressed. The topographical difficulties in providing urban services and the protection of environmentally sensitive areas can be provided by the City of Port Angeles per the Comprehensive Plan as annexation in the larger Urban Growth Area occurs. 10. As conditioned, the annexation is in the public interest. The motion was seconded by Commissioner Nutter and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS As there are no agenda items scheduled for the February 10 meeting, staff will prepare a list of long range agenda items for the Commission's consideration and discussion. .- . ....... , . Planning CommiS!iion Minutes - January 13, 1999 Page 10 REPORTS OF COMl\flSSION MEMBERS None ADJOURNMENT The meeting adjourned at 10:00 p.m. ~~ B ad Collins, Secretary PREPARED BY: S. Roberds -- . PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND SIGN UP SHEET For the items listed on the Agenda of: Please read the following: If I testify, by si nature below, I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. J /.~gnature Print Name Address ./ ..' .~ ~ dwp~_,.."d"'p'