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HomeMy WebLinkAboutMinutes 02/12/2003 . nOR! ^../.. N l'GEL!ES, I==- ... .ft ,._., ~ .m..._ J .._ _.. ~ WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA 321 East Fifth Street February 12, 2003 I. CALL TO ORDER 7 p.m. II. ROLL CALL Ill. APPROVAL OF MINUTES: Regular meeting of January 22, 2003, and Special meeting of January 29,2003 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CIDJRCH. . 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continued from January 22,2003,) 2. CONDITIONAL USE PERMIT - CUP 03-02 - LARSON - 704 Marine Drive: A conditional use permit to allow a delicatessen/cafe/food service activity in the Industrial, Heavy zone. (Continued from January 22, 2003.) 3. CONDITIONAL USE PERMIT - CUP 03-01 - PARENT. 225 West Thirteenth Street: A conditional use permit to allow an accessory residential unit in the RS-7, Residential Single Family zone. 4. CONDITIONAL USE PERMIT - CUP 03-03 - WEATHERBEE. 1314 Caroline Street: A conditional use permit to allow a duplex in the RS-7, Residential Single Family zone. 5. PRELIMINARY SUBDIVISION - SUB 03-01 - HOPFNER - Peabody Street and Hil1crest Drive: A proposal to subdivide property into 5 residential lots in the RS-9, Residential Single Family zone on property that contains a critical area. 6. CONDITIONAL USE PERMIT - CUP 03-04 - HUBBARD - 121 Dolan Avenue: A conditional use permit to allow a day care center in the RS-7, Residential Single Family zone. V. COMMUNICA TIONS FROM THE PUBLIC . VI. 2003 ELECTIONS VII. ST AFF REPORTS . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 12 , 2003 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Hewins, Fred Norton, Leonard Rasmussen, Two Vacancies Members Excused: Chuck Schramm Staff Present: Sue Roberds, Scott Johns Public Present: Elmer Tuttle, Dwane and Stacie Hayden, Lee and Jane Darling, Charles Brown, Brian Boran, Debbie and Pat McGoff, Rod Pence, Roger Luser, Kathy Hubbard, Don and Jeanette Mudd, Betsy Wharton, Erma Berkley, Douglas Parent, Margie Bowlby, Cindy McAfee, Ed Hopfner, Bryan Werto, Bryan Larson . In the absence of Chair Schramm, Vice Chair Hewins presided over the meeting. APPROVAL OF MINUTES It was decided to move consideration of the January 22, 2003, regular meeting minutes to the February 26th meeting. Commissioner Philpott moved to approve the January 29, 2003, special meeting minutes as presented. The motion was seconded by Commissioner Norton and passed 4 - O. Vice Chair Hewins explained that those who intend to present public testimony must sign an affidavit that the testimony presented is true to the best of their knowledge prior to speaking. PUBLIC HEARINGS CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continued from January 22,2003.) . Associate Planner Scott Johns presented the Department Report recommending approval of the conditional use permit with conditions r~lating to infrastructure impacts. Commissioner Philpott asked why the entire expansion project is being considered at this point as the improvements span at least a five year period. Planner Johns suggested that the question could best be answered by the applicant. He then responded to Commissioner Norton that ifparking standards are changed by the City Council prior to completion of the development the least restrictive requirements would apply. Vice Chair Hewins opened the public hearing. . . . Planning Commission Minutes Febrnary 12, 2003 Page 2 Chuck Brown, Administrator for Independent Bible Church, 92 Ediz View Drive, Port Angeles, WA 98363, responded to a previous question from the Commission that the reasoning behind asking for approval of the entire improvement project rather than for individual phases is to obtain a comprehensive review and enable planning for future expansion activities well in advance. Without such a review, applications would have to be made every year for the next three years to accommodate the proposed expansion without assurance as to how the applications would be recei ved. The proposed phasing is entirely dependent on financing and the ability to relocate existing office uses which are currently housed off-site. Lee Darling, 3515 Galaxy Place, Port Angeles, WA 98362, was very concerned that the proposed activities would exacerbate an already unacceptable water runoff situation that exists along Galaxy Place. Water currently runs in the street 24-hours a day. The applicant's proposed removal of trees from property directly south of Galaxy Place will increase the amount of runoff in the area by destroying vegetation which draws some of the groundwater runoff at present. The proposed F ami ly Life Center (FLC) building should not be placed so close to the applicant's east property line which abuts the rear yards of houses along the west side of Galaxy Place. Extension ofthe Church building in that location is most undesirable to Galaxy Place residents who already have had much of their views destroyed by church building and yards shaded due to the solid wall of the building. The church has a large property which can accommodate placement of the proposed 27,000 square foot structure further to the west to enable sunlight and air circulation to residents along the west side of Galaxy Place. He noted that the Church administration did not made an effort to contact residents of Galaxy Place as to their expansion plans. The whole area is a bog and always has been and the proposed construction will make matters worse. Planner Johns confirmed that the area has a long history of water flow issues as it serves as a natural drainage to nearby creeks. Development in the area is subsequent to the drainage issues rather than the cause of it. Water drainage can be witnessed from properties far south of the Independent Bible Church (IBC) site. Don Mudd, 3507 Galaxy Place, Port Angeles, W A 98362, was also concerned that the proposed tree removal would cause erosion in the area and increase groundwater runoff. The Church property is large and there is plenty of property to the west to locate a substantial building away from the common property line with Galaxy Estates residents. He was very concerned that the proposed structure would continue the already solid, very tall wall of the building that currently exists, and will negatively impact the remainder of homes along the west side of Galaxy Place. The serene neighborhood will be negatively impacted and views lost permanently. Rod Pence, Independent Bible Church, 112 North Lincoln Street, Port Angeles, WA 98362, stated that part of the reason for the groundwater problem in the area is that drain pipe was installed improperly during the Galaxy Estates Subdivision development. The Church worked with a Galaxy Place property owner some years ago to have the situation rectified along a common property line however, there is still a great deal of groundwater runoff in the area. The water runoff does not originate on the Church site but the Church will continue to do everything it can to aid in controlling the common drainage problem. The Church property currently contains a substantial drainage system that is not present in abutting developments. . . . Planning UJmmission Minures February /2. 2003 Page 3 Pat McGoff, 3616 Galaxy Place, Port Angeles, WA 98362, further explained drainage concerns and provided additional history ofthe area development. Duane Hayden, 3523 Galaxy Place, Port Angeles, W A 98362, stated that water continually runs in the street and is undermining an area along the curb due to the consistent water path. Vice Chair Hewins asked Planner Johns to respond to a question from Mr. Hayden as to if Limited Improvement District (LID) assessment can be by front foot. Mr. Jolms answered that although there are several ways to assess properties within an LID he believed it possible to assess by front foot. Mr. Hayden agreed that the south end of Galaxy Place is higher in elevation than the existing IBC structure and that water flows toward the IBC property in the area. Brooks Brennan, 3609 Galaxy Place, PortAngeles, WA 98362, expressed concern that proposed IBC structures will obliterate existing views from Galaxy Place. It would seem that the Church property is large enough that a greater distance could be planned between the Galaxy Place homes and the proposed building. The existing building casts significant shadow on homes located along the west side of Galaxy Place at present and a continuation of Church structures to the south would completely destroy the views of the remaining homes not already affected by the Church development. His primary concern is preservation of some space and a view other than the back wall ofthe Church structures. The proposed Family Life Center building will be 27,000 square feet in area and could be a maximum of 30' in height which is not a typical structure to be located adjacent to residential uses in residential zones. He asked that consideration be given to placement of the buildings toward the west to allow space between the Church and existing residential development and to allow for some views to be retained. Most people in the area enjoy a mountain view or are afforded sunlight during the late afternoons which will no longer be there if the buildings are placed as proposed. Margie Bowlby, 3503 Galaxy Place, Port Angeles, W A 98362, stated that the proposed removal of mature trees at the south end of Galaxy Place on Church property will definitely have a negative impact on drainage in the area. Ahlvers Road is improved nicely in front of the Church but nowhere else and, although she appreciates churches in residential areas, the IBC Church facility is so large that it significantly impacts the entire area. Two hundred fifty cars really impact the air quality in the area as well. Staci Haydell, 3532 Galaxy Place, Port Angeles, WA 98362, stated that the current traffic study being used was prepared in July, 2002. Timing of such a study makes a big difference and can be misleading. Another study should be done during the school year for comparison as to the real impacts school traffic in the area. Don Mudd, 3507 Galaxy Place, Port Angeles, WA 98362, asked that a stop sign be placed at the Church exit onto Ahlvers at Laurel. The traffic is very dangerous when those attending Church activities leave the site as they rarely stop prior to leaving the site. Cindy McAfee, 3604 Galaxy Place, Port Angeles, WA 98362 spoke about drainage and height issues. Her home is directly adjacent to the proposed Family Life Center building which will . . . Planning Ccmmission Minutes Febnwry J 2. 2003 Page 4 significantly adversely affect her view as planned and as it will create a high wall adjacent to her backyard. An extension of the tall building wall behind (west) her home is not desirable. She asked that the applicant consider the neighborhood concerns regarding placement of the proposed very large structure. In response to an earlier statement that the Church had not made its proposal known to the neighborhood, she noted that she received a letter from the Church explaining their proposal and had spoken to them of neighborhood concerns some weeks ago. Chuck Brown, Administrator, IBC Church, 92 Ediz View Drive, Port Angeles, WA 98362, said that the Church administration considered placing the FLC building on the west side of the property but decided against such a change due to the extension of Laurel Street through the site. The proposed FLC location along the east side ofthe site is preferred due to its proximity to the existing Church structure. He will discuss the placement of a stop sign at the corner of Ahlvers and Laurel Streets on Church property with the Church administrators for action and will discuss the previously stated concern with the congregation. The Church will be a responsible and willing participants in a future LID for the area. The new FLC structure will not be taller than the height of the current structure. The requirement for drainage in the area is to retain or better pre development levels. An engineered drainage plan is required by the City and will be strictly followed. At full development, Church traffic would equal 10% of the entire traffic in the area. Mr. Brown confirmed that 45 students currently attend the on-site school and he doesn't expect the number to increase. Jane Darling, 3515 Galaxy Place, Port Angeles, WA 98362, noted that Churches usually try to blend into a neighborhood. The existing Church building is very large and intrusive and additions will be hard to take. She hoped that the Church would try to work with the neighbors in addressing their concerns and asked who would reimburse the Galaxy Place residents for their loss of property values when a tall, solid walled structure is extended along the property lines and existing views are lost when there are alternatives. She strongly urged the Commission to deny the proposal as presented. There being no further testimony, Vice Chair Hewins closed the public hearing. Commissioner Philpott asked for additional information regarding drainage in the area. Planner Johns further explained that drainage issues relative to construction must be addressed prior to development and the property owner will be required to do a better job than those who have developed in the past due to changes in requirements and further understanding of area drainage problems. Mr. Johns responded to Vice Chair Hewins that the entire site will be under critical review during analysis of the engineering drainage report required by the applicant. Following continued discussion regarding the drainage issues expressed in testimony, Commissioner Norton moved to approve the conditional use permit with the following conditions, findings, and conclusions: Planning Commission Minutes Febrnal)' 12, 2003 Page 5 . Conditions: . Findings: . 1. The applicant shall meet the permitting and utility requirements including the provision of a total of250 improved off-street parking spaces. The applicant shall install sidewalks that meet City standards on the south side of Ahlvers Road along the entire frontage of the property. The applicant shall submit a stonnwater drainage plan indicating estimated amounts of stonnwater runoff, proposed measures for treatment of stormwater runoff, proposed measures to control flow rates of stormwater runoffleaving the subj ect site, and a schedule of proposed construction for stormwater facilities. The stormwater drainage plan shall be reviewed and approved by the City of Port Angeles Public Works and Utilities Department prior to construction. The applicant shall obtain a separate Clearing and Grading Permit from the City of Port Angeles prior to beginning any work on the sports field and picnic area. Ifschool enrollment exceeds 99 students on-site, the applicant shall execute a Zoning Lot Covenant to combine the two parcels in order to provide adequate area to meet the requirements of 17 .11.050.A Table A, P AMC for private schools. The family life center shall meet the 40-foot setback requirement from all property lines for schools. Additional landscaping shall be planted between the family life center and the adjacent single family residences to the east, similar in composition to landscaping existing along the northern portion of the northeast property line prior to occupancy ofthe new center. Lighting installed for the athletic field shall be shielded and directed downward to prevent light from the use reflecting on surrounding properties. The applicant shall sign a no-protest agreement for a Local Improvement District for future improvements to Laurel and Ahlvers Streets accessing the site prior to issuance of a building permit. 2. 3. 4. 5. 6. 7. s. 9. Based on the information provided in the Department Staff Report for CUP 02-08 dated February 12, 2003, including all information in the public record file comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby fmds that: 1. The applicant, the Independent Bible Church; submitted a Conditional Use Permit application for the addition of a 25,700 square foot family life center, 3,000 square feet of additional office space, and the clearing 3 acres for a sport field and picnic area on a site currently containing a church and private school use on July 8, 2002. The family life center would contain 11 classrooms, a gymnasium, kitchen, and teen room. Notification of the proposed action was placed in the Peninsula Daily News on July 29,2002, and mailed to the property owners within 300 feet of the subject property on July 24, 2002. 2. Planning Commission Minutes February J Z. 2003 Page 6 . . . 3. The applicant submitted an amended site plan for the project on August 28,2002. The revised plan showed the office portion of the plan as being reduced in size from 6,000 SF to 3,000 SF and placing it as an addition to the existing church building instead of a separate building. The church use on the site was originally approved on December 7, 1987, by CUP- S7(12)27. Conditional Use Permit CUP-95(01)01 was approved on March 8, 1995, for the operation of a private school in the existing church building. The site currently contains a 19 ,41S square foot structure that houses the Independent Bible Church and junior and senior high school classes associated with the Olympic Christian School. The existing, two-story Church building includes 14 classrooms, a library, nursery, and office space in association with the church/school use. Two small storage buildings are located on the southerly portion of the site. Paved parking for the church is located on the northwest portion ofthe northernmost parcel of the site and unpaved parking is located partially on both parcels. A traffic study prepared by John H. McNutt, P.E. and dated July 5, 2002, was submitted with the application materials. The traffic study indicates that no significant reduction in travel speed or time will result from this proposal and that all streets within the local collector network will remain at Level Of Service (LOS) A. The same traffic study indicates that average daily trips will increase by 161 vehicles per weekday and an additional 56 vehicles on Sundays. The traffic impacts ofthe project were reviewed during the SEP A review and found to have potential traffic impacts on arterial streets providing access to the church proposal. A Determination of Significance (DS) was issued for the proposed action on September 6,2002. A Draft Environmental hnpact Statement (DElS) was issued on November 22,2002. Written public concerns were reviewed and incorporated with a Final Environmental Impact Statement (PElS) issued on February 4, 2003. Laurel Street north of Ahlvers Road is not improved with curbs, gutters, or sidewalks. Ahlvers Road is not improved east ofthe church property. Both streets are classified as collector arterials, and neither street is developed to the City of Port Angeles' Urban Services Standards for collector arterials. The site is made up of two parcels that total 12.32 acres. The subject property is located at the southeast corner of Ahlvers Road and Laurel Street. The parcels are legally described as being in the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 15, Township 30 North, Range 6 West WM, Clallam County, Washington; and in the North half of the Southwest quarter of the Northwest quarter of the Southwest quarter and the Southwest quarter of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 15, Township 30 North, Range 6 West, WM. situated in Clallam County, Washington. The site address in 116 Ahlvers Road. The proposal for the family life center and additional office space is on the same zoning lot as the existing church. The proposal for the picnic area and sports field is located on a separate parcel adjacent to the south. Both parcels are owned by the Independent Bible Church. P AMC 14.40.050.L and M require 3 parking spaces per junior high/middle school classroom, and 6 parking spaces per senior high school classroom. P AMCa 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Mimlles Febrnary /2, 2003 Page 7 . . 20. 21. 22. 23. . 14. l4.40.030.F also requires 1 parking space per every 6 seats in a chapel and PAMC l4.40.050.A requires 1 space for each 50 square feet of assembly space without fixed seats. P AMC 14.40.030.B requires 1 parking space for each 400 square feet of office use. PAMe 14.40.100 allows for parking facilities to be cooperatively used by different land uses when the times of the uses are nonsimultaneous. The site currently provides 187 paved parking spaces and an unpaved parking area of approximately 25,000 square feet. The total development proposed will require a total of250 off-street parking spaces. Per PAMC 14.40.150 the City's Parking Ordinance, parking spaces must be a minimum of 8.5 feet wide by 18 feet in length, and that the parking area be paved, and striped. The site is found in the City's South Central Planning Area and is designated as Low Density Residential (LDR) on the Comprehensive Plan Map. Adjacent designations include LDR to the north, east, and south. The area to the west is located in the County and is designated in the County Comprehensive Plan as Urban Low Density (ULD). The property is zoned RS-9, as are properties to the north, east, and south. The area to the west is located in the County and is zoned Urban Low Density. The land uses adjacent to the subject site are as follows: To the north: single family residential; To the south: primarily vacant acreage; To the east: single family residences: and To the west: primarily vacant acreage. The Comprehensive Plan's Land Use Element Goal C, Policy 1, states that schools and churches are subordinate and compatible uses that augment residential neighborhoods and districts. The Comprehensive Plan's Transportation Element Goal B, Policy 16, states that allowances should be made for shared parking. The Comprehensive Plan's Utilities and Public Facilities Element Goal B, Policy 3, states that the City should promote and cooperate as a supporter in providing schools and community learning. The Public Works and Utilities Department commented that a) A clearing and Grading Permit will be required; b) drainage plans with calculations must be submitted (additional detention may be required); c) a 6 inch PVC sewer line currently connects to the existing structure and additional structures will require separate connections; d) each new structure will require a separate water meter; and e) any additional parking required over the existing paved parking area shall be improved by paving and stripping, with additional stormwater detention. A memorandum dated August 26, 2002, requires the installation ofa sidewalk along the entire site frontage of Ahlvers Road. One written comment was received on the proposal by August 12,2002, the end of the public comment period. The letter was from a group of four citizens who stated that traffic impacts had not been thoroughly studied and would become a problem as a result of the project, that drainage issues had not been properly addressed, and that the use is incompatible with a residential neighborhood. 15. 16. 17. 18. 19. Planning Commission Minutes February 12. 2003 Page 8 . Conclusions: . Based on information provided in the Department Staff Report for CUP 02 -OS dated February 12, 2003; including all of the information in the public record file, comments, testimony presented during the public hearing, the Planning Commission's discussion and deliberation, the above listed conditions of approval, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Goal C, Policy No.1, Transportation Element Goal B, Policy No. 16, and Utilities and Public Facilities Element Goal B; Policy No.3. 2. The Comprehensi ve Plan allows for subordinate and compatible uses wi thin different zones including residential zones. It also specifies that residential uses in neighborhoods may be augmented by subordinate and compatible uses and lists schools and churches as examples of subordinate and compatible uses. 3. The proposed use, a church addition that will accommodate a school and the development of an athletic field, is consistent with the intent and purpose of RS-9 zone and is compatible with adjacent residential uses, If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, it can be deemed consistent with the Zoning Code. 4. As conditioned, the proposal for the family life center is consistent with the requirements for approval of a conditional use permit as specified in P AMC 17.96.050. 5. The use does not significantly reduce travel speed/time on the adjacent arterial roads and does not lower the Level of Service standard on the adjacent arterial roads. 6. As conditioned, the proposal is consistent with the City's Parking Ordinance, P AMC 14.40. 7. As conditioned, the proposal for the family life center is in the public use and interest. Commissioner Philpott seconded the motion which passed 3 -1 with Commissioner Rasmussen voting in the negative. Commissioner Rasmussen explained that his negative vote was due to (1) insufficient traffic information; (2) stormwater issues that have not as yet been adequately addressed; and (3) timing. Mr. Rasmussen elaborated that a project of such impact should not be proposed in such a big chunk but should be separated into several applications where impacts could better be understood and mitigated. PRELIMINARY SUBDIVISION - SUB 03-01- HOPFNER - Peabody Street and Hillcrest Drive: A proposal to subdivide property into 5 residential lots in the RS-9, Residential Single Family zone on property that contains a critical area. . Vice Chair Hewins indicated that the item would be taken out of order ofthe agenda as the applicant has asked for a continuation of the item to March 12; 2003. Vice Chair Hewins opened the public hearing. Planning Commission MinUles Febntary /2, 2003 Page 9 . Edward Hopfiler, 1234 East Sixth Street, Port Angeles, W A 98362, was present for questions and noted that the request for extension was to address some issues brought to light by several neighbors prior to a final preliminary decision on the subdivision proposal. There being no testimony, Commissioner Philpott moved to continue the public hearing to March 12, 2003. The motion was seconded by Commissioner Rasmussen and passed 4 - o. CONDITIONAL USE PERMIT - CUP 03-02 - LARSON - 704 Marine Drive: A conditional use permit to allow a delicatessen/cafe/food service activity in the Industrial, Heavy zone. (Continued from January 22,2003,) Assistant Planner Sue Roberds indicated that this item was continued from the January 22nd regular meeting pending action by the City Council with regard to parking standards for the Industrial, Heavy zone. She noted that on February 4, 2003, the City Council approved an amendment to the City's parking regulations such that the City's Public Works and Utilities Director may relax standards in the ill zone on a case by case basis, and that the applicant had applied and was granted permission to continue to use the existing on-site unimproved parking area with improvement to the driveway and placement of wheel stops. She reviewed the revised staff report and Vice Chair Hewins opened the continued public hearing. . Bryan Larson, 413 Strait View Drive, Port Angeles, WA 98362, was present for questions and stated that he is aware of the requirement to improve the driveway to the site and provide wheel stops. There being no further testimony, Vice Chair Hewins closed the public hearing. Commissioner Philpott moved to approve the conditional use permit with the following condition, findings, and conclusions: Condition: 1. The applicant shall meet the permitting and utility requirements, including the provision of 10 off-street parking spaces for the proposed use. The applicant shall provide a drainage plan that meets the requirements of the City's Department of Public Works and Utilities. Findings: . Based on the information provided in the Department Staff Report for CUP 03-02 dated January 22,2003, and revised on February 12, 2003, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Brian and Patti Larson submitted an application is for a conditional use permit to develop a delicatessen/cafe on December 16, 2002. . . . Planning Commission Minutes February 11. 2003 Page /0 2. The site is located at 704 Marine Drive, and is legally described as Lots 1 and 2, Block 97, TP A. 3. The parcel is zoned ill, Industrial, Heavy zone. The surrounding zoning designations include Industrial, Heavy to the west, Industrial, Light to the north and east. The area south ofthe site which rises to the bluff south of Third Street is zoned PBP, Public Buildings and Parks, and RS-7, Residential Single Family. 4. The site is designated as Industrial (I) on the City's Comprehensive Plan Map and is found at the eastern edge ofthe designation along Marine Drive, 5. Twelve (12) off-street parking spaces are planned for the project. The required number of parking spaces for a restaurant activity per Section 14.40.030(0) P AMC is 10 based on 1200 square feet of restaurant area at one space per 125 square feet of floor area with a minimum of 10 for restaurant uses. 6. The proposal was reviewed with the City's Comprehensive Plan and Land Use Map. The following goals and policies were found to be consistent with the proposal: Comprehensive Plan's Growth Management Element Goal A and Policies 1 and I a; Land Use Element Goal A and Policy 2~ Commercial Goals and Policies Goal D and Policy I; Industrial Goals and Policies Goal G and Policy 2. 7. A Determination of Non-Significance was issued for this proposed action on January 15,2003. Tumwater Creek has been previously altered adjacent to the subject site and is separated from site activities by sheet piling and a berm along the west side of the Creek. 8. Public notification was placed in the Peninsula Daily News and notices mailed to surrounding property owners on December 18,2003, with a comment period extending to January 6,2003. No comments were received as a result of the notification. 9. PAMC 17.96.050 allows the Planning Commission to grant a conditional use permit approval which is: 1) consistent with the zone in which the proposal is located, 2) consistent with the Comprehensive Plan, and 3) not contrary to the public use and interest. Appropriate conditions may be made to ensure compliance with these criteria. Denial of an application may be made should the proposed use defeat the purpose of the zone by introducing incompatible, detrimental or hazardous conditions. 10. The Planning Commission conducted a public hearing on January 22,2003, regarding the proposed use and continued the public hearing to February 12, 2003. Con elusions: Based on the information provided in the Department Staff Report for CUP 03-02 dated January 22,2003, and revised on February 12, 2003, including all ofthe information in the public record file, comments, and testimony presented during the public hearing, the Planning . . . Planning Commission Minutes Febn((/ry /2, 2003 Page 11 Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The proposed delicatessen/cafe is a conditional use in the ill zone. The use is compatible with other uses in the vicinity and zone in which the site is located. 2. The proposal is consistent with the intent of the City's Comprehensive Plan, specifically Comprehensi ve Plan's Growth Management Element Goal A and Policies 1 and 1 a; Land Use Element Goal A and Policy 2; Commercial Goals and Policies Goal D and Policy 1; Industrial Goals and Policies Goal G and Policy 2. 3. As conditioned, the use is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 4. The proposal provides sufficient off-street parking as required by the City's Parking Ordinance, PAMC 14.40.030(0). 5. As conditioned, the proposal is in the public interest. The motion was seconded by Commissioner Rasmussen and passed 4 - O. CONDITIONAL USE PERMIT - CUP 03-01 - PARENT. 225 West Thirteenth Street: A conditional use permit to allow an accessory residential unit in the RS-7, Residential Single Family zone. Assistant Planner Sue Roberds reviewed the Department Report recommending approval of the conditional use permit and responded to questions as to required parking. Vice Chair Hewins opened the public hearing. Douglas Parent, 215 West Fifth Street, Port Angeles, W A 98362, stated that he agreed with the Department recommendation and understood the condition regarding off-street parking for the proposed use. There being no further comments, Vice Chair Hewins closed the public hearing. Commissioner Norton moved to approve the conditional use permit with one condition, and citing the following findings and conclusions in support of the action: Condition: 1. The applicant shall meet the City's permitting and utility requirements including the provision of four (4) off-street parking spaces - two (2) for the principal residence and two (2) for the accessory residential unit prior to occupancy. Planning Commission Minules February /2. 2003 Page 12 . Findings: . . Based on the information provided in the Community Development Staff Report for CUP 03- 01 dated February 12, 2003, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that 1. Douglas Parent submitted Conditional Use Permit application CUP 03-01 for an accessory residential unit on December 13, 2002, on behalf of his son Jesse Parent, owner ofthe propertylocated at 225 West 13th. Street. 2. The site is described as being Lot 14, Block 37S, Townsite of Port Angeles and consists ofa single 50' x 140' Townsite lot that is developed with a single family residence with detached two story garage/second floor storage structure with attached carport and storage shed. 3. The applicant is proposing to extend a portion of the second floor of an existing two- story garage/storage structure to allow the conversion of a portion of the structure to a second floor accessory residential dwelling unit. The remaining storage portion (outside the required setback area) will continue to be used for storage purposes. The proposed dwelling will require extension of the second floor area south of the existing structure to provide an adequate living area within the setbacks and permissible lot coverage for residential dwelling units. 4. The site is zoned RS-7, Residential Single Family. Minimum lot requirements in the RS-7 zone are 7,000 square feet with the ability to add an accessory residential unit by conditional use permit per PAMe 17.10.040(A). Such development i~ subject to the design and dimensional requirements set forth under P AMC 17.10.050 which include minimum setbacks and maximum lot coverage. Residential setbacks required for the subject property include 20-foot minimum front and rear yard and 7-foot side yard setbacks except for detached garages in the rear one third ofthe lot which may have 10- foot rear yard and 3-foot side yard setbacks. A total maximum lot coverage requirement of 30% must be observed by the proposal. 5. The Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations per 17.96.050. The Planning Commi ssion may grant said permits which are consistent and compatible with the purpose ofthe zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatib Ie, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Planning Commission Minutes February 12, 2003 Pagel) . . . 6. The existing two-story primary residential structure contains a total of 163 2 square feet of gross living area with a footprint of 912 square feet. The accessory residential unit is proposed to contain a total of582 square feet of second floor living area. Accessory residential units may contain no more than 50% the area of the primary unit. Because the living area is proposed to be located entirely on the second floor of an existing structure (with extension beyond the existing footprint), only the new area extending beyond the existing footprint will be added to the lot coverage. Total lot coverage of 2100 square feet or 30% is the maximum in the RS-7 zone. 7. Section 17.0S.010B of the Port Angeles Municipal Code defines "an accessory residential unit as a dwelling unit which: A is incidental to a detached single family residence, is subordinate in space (i.e., fifty percent or less space than the single family residential use), B. is located on the same zoning lot as the single family residence, and C. is served by separate water and electrical services, in addition to a separate address. 8. Section 17.0S.025(J) of the Port Angeles Municipal Code defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling uni 1." 9. Section 310.7.1 ofthe 1997 Uniform Building Code states that an Efficiency Dwelling Unit "...shall have a living room of not less than 220 square feet of superficial floor area. An additionall 00 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two." 10. P AMC l4.40.060(D) requires 2 off-street parking spaces perresidential dwelling unit. A parking plan will be required indicating a total of four (4) off-street parking spaces per the City's Parking Ordinance (pAMC 14.40.060) - two (2) for the primary residential use and two (2) for the accessory residential use - prior to issuance of a building permit. The subject property has a two car detached garage with attached carport. A fourth off-street parking space must be provided for the proposed use. 11. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations areLDR. The site is located in the City's Central Planning area. 12. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy No.2, Land Use Element Goal C, Policy No. I, Housing Element Goal A, Policy No.6, and Housing Element Goal B, Policy No.6 were found to be most relevant to the proposal. Planning Commission Minutes February 12,2003 Page 14 . 13. A Detennination of Non-Significance was issued for this proposed action on February 11,2003. 14. Reviewing City Departmental comments were considered in the review of this application. The proposed activity will require a valid building permit and the installation of separate water and electrical meters. 15. Notification oftheproposed action and conditional use permit application was placed in the Peninsula Daily News on December 30, 2002. Notification was mailed to property owners within 300 feet of the subject property on January 24, 2003. No written comments were received at the date of this staff report. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 03-01 dated February 12, 2003, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A, Policy No.2, Goal C, Policy No.1, Housing Element Goal A and Policy No.6, and Housing Element Goal B and Policy No.6. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. The Plan specifies that accessory residential units should be allowed in certain zones by conditional use approval in order to provide adequate, affordable housing. . 2. As conditioned, the proposal is consistent with development standards for accessory residential units under PAMC 17.08.110(B). As the proposed use complies with definitions and design and performance standards set forth by the Zoning Code, it can be deemed consistent with the Zoning Code. 3. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in P AMC 17.96.050. 4. As conditioned, the proposal is consistent with Section 14.40.060(D) (Parking) P AMC. 5. As conditioned, the proposal will provide an alternate housing opportunity in compliance with established building standards and is therefore in the public interest. The motion was seconded by Commissioner Rasmussen and passed 4 - O. . Commissioner Norton stated that he bought a home from Weatherbee Construction approximately 16 years ago but did not believe he would have a conflict in acting on the proposal. There were no objections and so he remained at the dais. . . . Plannjng Commjssjon Minutes Febn/Oty 12, 2003 Page /5 CONDITIONAL USE PERMIT - CUP 03-03 - WEATHERBEE. 1314 Caroline Street: A conditional use permit to allow a duplex in the RS-7, Residential Single Family zone. Assistant Planner Sue Roberds reviewed the Department's report recommending approval of the conditional use permit. Vice Chair Hewins opened the public hearing. Brad Weatherbee, 201 Robinson Road, Port Angeles, WA 98361, agreed with staffs analysis and was present for questions. Mr. Weatherbee noted that although he had not planned on providing two off-street parking spaces for each unit, the units will each have a garage with parking in the driveway for a second vehicle on-site so he will be able to meet the City's parking requirements for residential units. There being no further testimony, Vice Chair Hewins closed the public hearing. Commissioner Philpott moved to approve the conditional use permit with one condition and citing the following findings and conclusions in support of the action: Condition: 1. The applicant shall meet all permi tting and utility requirements including the provi sian of four (4) off-street parking spaces, two (2) for each dwelling unit. Findings: Based on the information provided in the Community Development Staff Report for CUP 03- 03 dated February 12, 2003, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Brad Weatherbee submitted Conditional Use Permit application CUP 03-03 to establish a duplex use at 1314 Caroline Street on December 23, 2002. Mr. Weatherbee is the owner ofthe subject property. 2. The application information indicates that the ownership area includes the west one- half of Lot 5 and all of Lots 6 and 7, Block 9, Norman R. Smith's Subdivision to Port Angeles. The applicant has verbally indicated that the intention is to develop the west one-half of Lot 5 and all of Lot 6 as a duplex lot by Zoning Lot Covenant. 3. The site is zoned RS-7, Residential Single Family. Duplex uses are permitted by conditional use permit per Section 17.1 O.040(H) P AMC. Section 17.1 0.050(C) Table "A" of the P AMC provides development standards for conditional uses on RS-7 properties. Duplex uses require a minimum lot width of75 feet and a minimum lot area of 10,500 square feet in the RS-7. 4. Per 17.96.050 the Planning Commission shall consider app lications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The . . . Planning Commission Minuless February J 2, 2003 Page 16 Planning Commission may grant said permits which are consistent and compatib I e with the purpose ofthe zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. 5. Section 17 .OS.025(J) P AMC defines a dwelling unit as "one or more rooms which are arranged, designed orused as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed shall always be included for each dwelling unit." 6. P AMC 14.40.060(0) requires 2 off-street parking spaces per residential dwelling unit. 7. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations are LDR. The site is located in the City's East Planning area. 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy No.2, Land Use Element Goal C, Policy No.1, Housing Element Goal A and Policy No.6, and Housing Element Goal B and Policy No.6 were found to be most relevant to the proposal. 9. A Determination of Non-Significance was issued for this proposed action on February 6, 2003. 10. Reviewing City Departmental comments were considered in the review of this application. The proposed activity will require a valid building permit and the installation of separate water and electrical meters. 11. Notification ofthe proposed action and conditional use permit application was placed in the Peninsula Daily News on January 14, 2003. Notification was mailed to property owners within 300 feet of the subject property on January 10, 2003. One written comment was received from Larry Colwell a property owner in the area who recommended approval of the request. Conclusions: Based on the information provided in the Department 0 fCommuni ty Development S taffReport for CUP 03-01 dated February 12, 2003, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: . . . Planning Commission Minutess February 12. 2003 Page 17 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A, Policy No.2, Goal C, Policy No.1, Housing Element Goal A and Policy No.6, and Housing Element Goal B and Policy No, 6. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. The Plan specifies that multi-family residential units should be allowed in certain zones by conditional use approval in order to provide a variety of, and adequate, affordable housing, 2. As conditioned, the proposal is consistent with development standards for duplex uses under P AMC 17.1 0.040(H). As the proposed use complies with definitions and design and performance standards set forth by the Zoning Code, it can be deemed consistent with the Zoning Code. 3. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 4. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC l4.40.060(D). 5. As conditioned, the proposal will provide an alternate housing opportunity in compliance with established building and zoning standards and is therefore in the public interest. Commissioner Norton seconded the motion which passed 4 - O. CONDITIONAL USE PERMIT - CUP 03-04 - HUBBARD - 121 Dolan Avenue: A conditional use permit to allow a day care center in the RS-7, Residential Single Family zone. Associate Planner Scott Johns presented the Department report recommending approval of the conditional use permit. Vice Chair Hewins opened the public hearing. Kathy Hubbard, 121 Dolan Avenue, Port Angeles, W A 98362, stated that she read the Department recommendation and conditions and did not have any questions or anything to add. Ms. Hubbard responded to Commissioner Norton that she understood the importance of providing off-street parking and intended to meet the minimum requirements, She confirmed that she is living in the residence at present but will not be when the day care center is operational. There being no further questions, Vice Chair Hewins closed the public hearing. Commissioner Norton moved to approve the conditional use permit with a fourth condition regarding occupancy of the residence during operation as a day care, and cited the following findings and conclusions in support of the action: Planning Commission Minutess Febnlary 12, 2003 Page 18 . Conditions: 1. Findings: . . 2. The applicant shall provide a minimum of one parking space for each employee and two parking spaces for pick-up and drop-offfor a total of 4 parking spaces. All parking shall be improved to meet City standards. Play areas shall be fenced and separated from the street, alley, driveways, and parking areas. All Washington State Department of Social and Health Services (DSHS) requirements for day care centers shall be met prior to occupancy. 3. 4. While serving as a daycare center, the residence shall not be concurrently used for residential purposes. Based on the information provided in the Planning Division Staff Report for CUP 03-04 dated February 12, 2003, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Kathy Hubbard, submitted a Conditional Use Permit application to establish a Child Day-Care Center on January 4,2003. Notice ofthe proposal was posted on the site on January 15,2003, mailed to property owners within 300 feet ofthe subject property on January 20,2003, and published in the Peninsula Daily News on January 24, 2003. The application is for a conditional use permit to convert an existing single family residential unit on an RS-7, Residential Single Family zoned property to a Child Day- Care Center. Section 17.17.08.020 - (C) of the Port Angeles Municipal Code defines a Child day- care center as "a child day-care center provides for the care of 13 or more children. The child day-care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separated from the ususal living quarters of the family." The subject property is located at 121 Dolan Avenue between Laurel and Oak Streets. The property is legally described as Lots 28 and 29, Block 16 of Fogarty and Dolan's Addition. The site measures 70 by 140 feet and is approximately 9,800 square feet in area, The subject property contains an existing, one-story single family residence that has approximately 1,472 square feet of floor area and an existing two-car garage that has a footprint of approximately 576 square feet. In total, the lot coverage is 2,048 square feet, or 21 %. PAMC 14.30.030(E) requires 1 parking space per employee and 2 parking spaces for pick-up and drop-off of children for child day-care center serving more than 13 children. The City's Parking Ordinance requires parking spaces to be a minimum of S.5 by 18 feet in length. The applicant proposes 2 employees for the activity as 2. 3. 4. 5. 6. 7. . Planning Commission Minutes February /2.2003 Page /9 8.5 by 18 feet in length. The applicant proposes 2 employees for the activity as proposed. S. The site is located in the South Central Planning Area and the Comprehensive Plan map designates the site as Low Density Residential (LDR). Adjacent designations include Commercial (C) to the east and north, and Low Density Residential (LDR) to the south and west. The Comprehensive Plan's Land Use Element Policies A2, Cl and Dl, and the Utilities and Public Services Element Policy B2 are the most relevant to the application. 9. The property is zoned RS-7. Properties to the west and south are also RS-7. Properties to the north and east are zoned CSD, Commercial Shopping District. 10. A Detennination of Non-Significance was issued for this proposed action on February 4, 2003. 11. No written comments were received on the proposal prior to the completion of the public comment period. The public comment period provided for in the legal notice ended February 3, 2003. Conclusions: . Based on the information provided in the Department Staff Report for CUP 03-04 dated February 12, 2003, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent ofthe Comprehensive Plan's Low Density Residential Land Use Designation and the Comprehensive Plan's Land Use Element Policies A1, CI and DI and the Utilities and Public Services Element Policy B2. 2. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. It also specifies that Child Day-Care Centers should be allowed in certain zones by conditional use. 3. The proposed use, a Child Day-Care Center, is consistent with the purpose ofthe RS-7 zone, as it is compatible with adjacent residential uses, in that family child care needs will be served. If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning Code. 4. As conditioned, the proposal is consistent with the definition of Child Day-Care Center under PAMC 17.0B.020(e) and with the purpose of the RS-7 zone. 5. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 6. As conditioned, the proposal is consistent with the City's Parking Ordinance, PAMC 14.40. 7. As conditioned, the proposal is in the public use and interest. . The motion was seconded by Commissioner Philpott and passed 4 - O. . . ,.. Planning Commission Minutes Febnwry 12. 2003 Page 20 2003 ELECTIONS It was decided to continue elections to the February 26, 2003, regular meeting so that others could be present. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Norton advised staffthat he would not be at the March meetings. ADJOURNMENT The meeting adjourned at 10:00 p.m. (;~ Fred Hewins, Vice Chair PREPARED BY: S. Roberds /j · pORTANGELES WAS H IN G TON, U. S, A. ~ . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE you to testify - it only acknowledges your resence. NAME: ADDRESS: Agenda Item No. / 4f- ~ #5 · ~ORTANGELES WAS H I N G TON, U, S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. . SiRnature below DOES NOT REQUIRE you to testify - it only acknowledges your presence. NA\{E: ADDRESS: Agenda Item No. ... :J1tj l- I' At /r') } i I 3(, I ~ ~Ci!Q YV ..tJ/tfAiI n. ~ ~f.j lii(So vJ 4-1~ >i-vc.~ ~ \r -fJ ~ ~R I.JK.'-J \