HomeMy WebLinkAboutMinutes 04/09/2003
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
April 9, 2003
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Hewins, Fred Norton, Chuck Schramm,
Leonard Rasmussen, Linda Nutter
Members Excused:
Jack Pittis
Staff Present:
Sue Roberds, Ken Dubuc, Jim Mahlum
Public Present:
Jim Schouten, Clay Crow, Dennis Yakovich, Brian Gawley,
Priscilla Schloss, Earl Medley, Ken Melberg
APPROVAL OF MINUTES
Commissioner Philpott noted a correction to the members listed as present at the March 26,
2003, meeting. Commissioner Hewins moved to approve the March 26, 2003, minutes as
corrected. The motion was seconded by Commissioner Schramm and passed 4 - 0 with
Commissioners Philpott and Rasmussen abstaining due to absence at the meeting.
CONTINUED PUBLIC HEARING
CONDITIONAL USE PERMIT - CUP 03-05 - MELBERG - 1229 Columbia
Street: Requestto allow the development of an accessory residential dwelling unit
in the RS-7, Residential Single Family zone. (Continued from March 12, 2003.)
Assistant Planner Sue Roberds reviewed the background materials and noted that this item
is continued from the March 12,2003, regular meeting due to an irregularity in the public notice
procedure. During the re-notice period, one letter was received from a neighboring property owner,
Priscilla Schloss. The letter was provided to the Planning Commission with the mailed packet
materials. In response to a question, she explained the difference between duplex uses and accessory
residential units. Chair Nutter reopened the public hearing.
Ken Melberg, 1229 Columbia Street, Port Angeles, WA 98362 was present for questions.
He asked why he could not increase the permitted lot coverage through the conditional use permit
process and discussed parking concerns with the Commission. At the Chair's request, Planner
Roberds responded to Mr. Melberg's inquiry as to why an increase in area for the accessory
residential dwelling unit is not permitted, and explained that the applicant's construction plans and
existing development ofthe site will maximize the site for any further development. The provision
of on-site parking will be tight given the size of the planned garage structure. Mr, Melberg assured
the Commission that on~site parking is available within the side setback areas.
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April 9, 2003
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Commissioner Hewins reiterated, in a further attempt to clarify Mr. Melberg's concern with
regard to his request for a land use variance to allow additional area for the accessory residential unit,
that he already in a sense will be allowed a variance of the standard development rights for a typical
residential property by being able to establish the second one-half unit and that a further increase in
use area cannot be considered.
There being no further discussion, Chair Nutter closed the public hearing. Following
continued discussion, Commissioner Philpott moved to approve the conditional use permit
citing the following conditions, findings, and conclusions in support of the action:
Conditions:
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, and shall submit a parking plan prior to
issuance of a building permit indicating the provision 0 f the required parking to City
standards.
2. The accessory residential unit shall be no larger than 560 square feet in area.
Findings:
Based on information provided in the Community Development Staff Report for CUP 03-05
dated March 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. Ken Melberg submitted Conditional Use Permit application CUP 03-05 for an
accessory residential unit on February 14,2003, at 1229 Columbia Street.
2. The site is described as being the west one-half of Lot 16 and the east one-half of Lot
17, Block 6, Puget Sound Cooperative Colony and consists of a single 50' x 140'
Townsite lot that is developed with a single family residence.
3. The applicant is proposing to construct a two-story garage unit at the rear ofthe site
with the second floor area being an accessory residential unit. The proposed
accessory dwelling unit will be developed at the minimum setback and maximum
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 P AMC 17.1 0.040(A). Such development is subject to
the design and dimensional requirements set forth under PAMe 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
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April 9, 2003
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yard setbacks except for detached garages in the rear one third of the lot which may
have 1 O-foot rear yard and 3-foot side yard setbacks. A total maximum lot coverage
requirement of30% must be observed by the proposal.
5.
The Planning Commission shall consider applications for conditional use permit
uses as specified in the applicable Chapter ofthe Zoning Regulations per 17.96.050.
The Planning Commission may grant said permits which are consistent and
compatible with the pm:pose of the 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.
6.
The proposed two-story accessory structure will have a 975 square foot footprint with
added gross living area of no more than 560 square feet as the primary single-family
residential unit contains 1120 square feet of floor area. Accessory residential units
may be no more than 50% the area ofthe primary unit. The proposal would result in
lot coverage of30% (1120 & 975). A maximum lot coverage of21 00 square feet or
30% is allowed in the RS-7 zone.
7. Section 17.08.0lOB 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 l7.0S.025(1) 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
unit. "
9. Section 310.7.1 of the 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 additional 1 00 square feet of superficial floor area shall be
provided for each occupant of such unit in excess of two."
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PAMC 14.40.060(D) requires 2 off-street parking spaces per residential dwelling
unit. A parking plan will be required indicating a total offour (4) off-street parking
spaces per the City's Parking Ordinance (P AMC 14.40.060) - two (2) for the primary
residential use and two (2) for the accessory residential use - prior to issuance of a
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April 9, 2003
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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 are LDR. The site is located in the City's East 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.1,
Housing Element Goal A, Policy No.6, and Housing Element Goal B, Policy No.6
were found to be most relevant to the proposal.
13.
A Determination 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 of the proposed action and conditional use permit application was
placed in the Peninsula Daily News on February 21, 2003. Notification was mailed
to property owners within 300 feet ofthe subject property on February 18, 2003. One
written comment was received during the comment period from a neighbor who
expressed concern that the additional dwelling unit would exacerbate parking for the
site as the site is being used for multiple rental purposes at present.
16. Prior to the continued public hearing, the applicant submitted a floor plan indicating
a 5' overhang and was informed that the 5' overhang would exceed the allowable lot
coverage of 30%.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Report for CUP 03-05 dated March 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,
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.
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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 PAMC 17.96.050.
4. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC
14.40.060(D).
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 Schramm and passed 6 - O.
PUBLIC HEARING
MUNICIPAL CODE AMENDMENT - MCA 02-01b - Revised Development
Standards ~ City wide: Continued review of a proposal to reduce certain
development (street) and utility (septic, sewer, and water) standards in low density
areas.
Assistant Planner Sue Roberds indicated information in the packet for the Commission's
review of proposed low impact development standards which are being considered at the direction
ofthe City Council. The proposal specifically would reduce developed street widths and eliminate
curbs, gutters, and sidewalks in specific areas. In areas where reduced development standards are
allowed, a shoulder with vegetated drainage swales and separated walking paths would be required.
Additionally, following significant review of practices and policy, the City's Fire Department has
suggested that the distance between fire hydrants and the requirements for sprinkler systems may be
amended under certain circumstances in specific areas, The Council is looking for a consensus of
opinion from the Planning Commission on the proposed amendments to established development
standards.
Fire Marshall Ken Dubuc, then reviewed the Fire Department's proposed revised
development standards, New single-family residential construction outside of the Department's
established four minute response area shall have a fire hydrant within 1000 feet ofthe furthest point
of the structure, an increase from the current 425-foot distance. New single-family residential
construction in areas outside of the four minute response area situated beyond 1000 feet from a
hydrant shall be protected by an approved residential sprinkler system.
Commissioner Hewins stated that he didn't have a problem with reducing road widths but
he is concerned with the handling of stormwater. He asked how runoff from roadways would be
handled with a swale system.
Planner Roberds responded that specific development standards for swales will need to be
developed and will be developed and placed in the City's development standards and guidelines
documents. At this time, those standards have not been completed. She agreed with Commissioner
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Hewins that the actual cost of development shown on the preliminary street diagrams do not include
the cost of development of adjacent swales, which will be dependent on soils in the specific areas.
Jim Mahlum, Civil Engineer with the City's Public Works and Utilities Department stated
that swales would be vegetated to capture pollutants, which is a regular best management practice
promoted by the Department of Ecology. Projected street development costs shown on the
submitted street profile identify only street development costs and are not intended to reflect the cost
of development or maintenance of adjacent vegetated swales.
Commissioner Hewins expressed strong concern that the lower standards being proposed do
not adequately address stormwaterrunoffissues. He is aware of how swales are intended to function
but does not believe that adequate study has been given to the development or maintenance of the
swales in the information presented or that vegetated swales will address stormwater issues within
the City. Although he understands the need to have developers pay for the extension of sewer to new
developments, he is concerned that the City is not willing to find ways to extend services within the
City's boundaries to service City properties that are developable.
Planner Roberds indicated that the Council has formed a committee that is looking at these
types of issues and may decide that such a practice is possible in developing areas but until such a
decision is made, current practice is to require development costs to be borne by developers. The
Council is interested in economic development and is open to financially sound suggestions.
In respon'se to Commissioner Philpott, Planner Roberds stated that the suggestion to allow
septic systems in the most outlying areas of the City where connection to an existing sewer would
far exceed most people's financial abilities will enable development of many properties that may
never developed under the current standards. The development of such properties with septic
systems would be an interim situation until sewers are extended to outlying areas when the cost of
the sewer utility could be borne by significantly more people, or a solution to such extension is found
such as Commissioner Hewins suggested earlier. People who are permitted to install septic systems
will be made aware that hookup to a municipal system will be required when such a service becomes
available.
Commissioner Nutter expressed concern that by allowing septic systems for properties of one
acre or more, we will not be meeting density thresholds required by the Growth Management Act.
Planner Roberds noted that the only option available at this point is to tell people they can't develop
their properties at all where the proposal would permit some opportunity to move forward with the
understanding that a septic system is interim.
Commissioner Nutter recommended that pathways should be widened to support bicyclists
and pedestrians. Engineer Mahlum noted that designated bicycle routes would require 8' pathways
as opposed to the standard 41.
Commissioner Hewins applauded the Fire Department's efforts in reviewing the Codes and
safe practices and making a recommendation to revise established standards with respect to fire
sprinklers and fire hydrant spacing. While he agreed that there is a balance between life safety and
water damage, he is generally opposed to a requirement for sprinklers due to personal experience.
The Commission as a whole congratulated the Fire Department's work and efforts in recommending
the changes.
Fire Marshall Ketl Dubuc supported fire sprinklers and offered to discuss the pros and cons
of the systems in detail at any time with any Commissioner.
Chair Nutter opened the public hearing.
Clay Crow, 784 Madison Avenue North, Bainbridge Island, WA encouraged the
Commission to give serious consideration to recommending adoption of the proposed low impact
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development standards being proposed. He explained concerns that his company experienced while
developing a short plat in 2002. Current development proposals will prevent the further development
of the 42 acre property owned by the company. From a developer's standpoint, existing development
standards are prohibitive in the area of sewer extension, street width, and development requirements.
He encouraged a flexible design with less improved surface. Cooperative partnerships with the City
for the installation of sewer and water services will allow development to occur in stagnant areas.
Dennis Yakovich, Green Crow Properties, 250 Meadow Lark Lane, Sequim, WA 98382,
explained in detail the problems experienced in developing a four lot short plat near the City limits
in an area where sewer is some 1200' distant. Even though a sewer service line was extended
through the 42 acre site to serve the four lot short plat, further development ofthe area is dependent
on a sewer study to determine the capacity of the City's system in the area and what upgrades it
needs. He believes that for his company to be required to provide such a study is to ask him to
provide a study that is the City's responsibility, not the property owner's. He spoke in favor of
reduced street development width. Many people will not purchase lots if they are required to install
fire sprinklers. People should be able to choose if they wish to install sprinklers. The m 0 r e
regulation that drives up the cost of development, the less development will happen, It is not
economically feasible for the company to develop the remainder of the 42 acre property with 260
potential residential building sites at this point. He encouraged a favorable recommendation for
consideration of low impact development standards.
Jim Schouten, 4619 Old Mill Road, a custom home builder and occasional developer, spoke
in favor of the low impact development standards being proposed. He has considered the
development of a 20-acre property off Old Mill Road which he owns but is concerned that
development requirements will make such development cost prohibitive. A reduction in the
development standards will continue to maintain the desired quality of life enjoyed by those who
reside in outlying areas and properties will be affordable so more people can enjoy the area. It is a
win - win situation. He spoke in favor ofthe Fire Department's proposal and agreed that septi c tanks
should be permitted under certain conditions for development of single family and short plat lots but
not subdivisions. Narrower road widths are a wonderful idea in residential areas as a 20' width is
more than enough as long as allowance is made for bicyclists and pedestrians. Proposed standards
will maintain a rural character while allowing for development in outlying areas.
There being no further comments, Chair Nutter closed the public hearing. Discussion between
the Commission members began.
Commissioner Hewins agreed with the narrower street widths but was disappointed that
design standards were not presented to cover stormwater regulations and concerns. He believes that
septic systems may be a problem and suggested that if the City is able to extend services outside the
City limits to Wal Mart, the City should work to extend services within the City limits to developable
areas. A $1 a month charge to residents for such utility extension within the City could be a method
that these types of services could be made affordable.
Commissioner Schramm spoke in favor of the Fire Department's proposals which show a
willingness to make concessions when public safety will not be jeopardized. He favored a one-half
acre lot size for septic tanks rather than a one acre threshold and agreed with a reduction in street
standards.
Commissioner Norton stated that City residents should ultimately have sewer service but he
spoke in favor of septic tanks in appropriate situations when people are made aware that they are not
forever. He supported reduced road standards and the Fire Department's proposed reductions but
stated that he preferred that fire sprinklers be a choice. (Commissioner Norton left the meeting at
this point 9:00 p.m.)
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April 9, 2003
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Commissioner Philpott agreed with all of the standard reductions and agreed with
COnmllssioner Schrannn that a one-half acre minimum seems more appropriate and would still allow
for future development options.
Commissioner Nutter would like to see some low impact development but thinks the proposal
is a bit short sighted. She asked that a more balanced presentation be made in the future for such
proposals and was disappointed that there was not more public comment regarding the proposals.
She was concerned that some of the standards do not comply with Growth Management Act
guidelines.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Planner Roberds stated that Director Collins sends his apologies for not being able to be
present for the discussion. Mr. Collins was unable to attend having just had reconstructive knee
surgery .
The Council will be having a special meeting on low impact development standards on April
29,2003. Commission members are invited to attend that discussion. Maps are being prepared to
show where the specific areas of the City exist where low impact development will be permitted.
Those maps should be available for the Commission's April 23rd meeting.
REPORTS OF COMMISSION MEMBERS
Commissioner Schramm asked how the conference center application is doing. Planner
Roberds stated that the Shoreline Hearings Board has scheduled a hearing in the Council Chambers
for April 28 and 29, 9:30 a.m. It is unknown whether a decision will be issued at the close of the
hearing.
Commissioner Hewins asked what development is occurring at the southeast comer of Race
and First Street. Planner Roberds noted that the building is being developed as a new office
building.
Commissioner Schramm asked about the development apparent at the northeast comer of 8th
and Lincoln Streets. Planner Roberds noted that a redevelopment ofthe site is occurring.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
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PREPARED BY: S. Roberds
· FORTANGELES
WAS H I N G TON, U. s. A.
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Meeting Agenda of: 9 ;2003
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Agenda Item No.
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