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WAS H IN G TON, U. S. A.-
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
April 14,2004
6 p.m.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of March 24, 2004
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IV. CONTINUED PUBLIC HEARINGS:
1.
CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex
in the RS-7, Residential Single Family zone. (Continued from March 10,2004.)
2. STREET Y ACATION PETITION - STY 03-05 - DeFRANG. Portion ofWoolcott
Street located between East Fourth Street and the 4/5 Alley_ (Continued from March
24, 2003.)
PUBLIC HEARINGS:
1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-01 -
PORT OF PORT ANGELES. 800 Block Marine Drive: Request for a permit to
allow the addition of handicapped restroom facilities in the east Port Angeles Boat
Haven.
2. PRELIMINARY SUBDIVISION - VINCENT - Milwaukee DrivefWest Tenth
Street: Request for preliminary review of a 12 unit subdivision in the RS~9,
Residential Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII.
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
April 14, 2004
6:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Fred Hewins, Linda Nutter,
Dylan Honnold
Members Excused:
Chuck Schramm, Leonard Rasmussen
Staff Present:
Brad Collins, Sue Roberds, Jim Mahlum, Ken Dubuc
Public Present:
Darrel Vincent, Susan Bauer, Johnie Key, Ralph Schmidt,
JoDee and Doug Ahmann, Christine Brown, Fred and Carol
Royce, Mardel Xavier, Steve Zenovic, Fred DeFrang
APPROVAL OF MINUTES
Commissioner Philpott moved to approve the March 24, 2004, minutes as presented.
The motion was seconded by Commissioner Norton and passed 5 - O.
PUBLIC HEARINGS:
Chair Hewins indicated that those who testify must sign the "Sign In" log and affirm that
their testimony will be truthful to the best oftheir knowledge.
CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex
in the RS-7, Residential Single Family zone. (Continued from March 10,2004.)
Assistant Planner Sue Roberds reviewed the Department Report recommending approval of
the conditional use permit with conditions addressing access and site development. Director Collins
added that the area described as the "bonus room" on the site plan should be developed as a bedroom
and then if such a conversion is desired the construction will already be in place. Chair Hewins
opened the public hearing.
Jo/mie Key, P.O. Box 2151, Port Angeles, agreed with staffs analysis and was present for
questions.
Fred Royce, 325 West Columbus Avenue, stated that although he was initially concerned
that access to a duplex would negatively impact the ColumbuslPark alley, upon review of the site
plan and discussion with. staff, he now understands that primary access to the duplex will be from
West Park Avenue. He hoped that development of the duplex would complement existing
development in the area and appreciated Planning staffs assistance in trying to work with the
neighborhood on the issue. It would be wonderful to see a nice big home on the double lot but the
property owner has stated that he will either develop a duplex or two single homes, and given that
choice, the duplex is preferred.
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Plllnning Commission Minutes
April /4, 1004
PlIge1
Ralph Schmitt, 334 West Columbus A ven ue, located in the area 30 years ago due to the rural
area and dead end location and would prefer that one home be built on the two lots to continue a
lower density development in the area but would support a duplex rather than two single family
homes on the subject property. He stated that there are more then three duplexes in the area as was
stated in staffs report. He also hoped the duplex development would be upper scale and blend in
with the neighborhood. He was concerned that some filling had occurred on the site that would need
to be reviewed to support a structure.
Christy Brown, 315 West ParkA venue, spoke of her concern that access to the proposed site
is at present undeveloped. Development of the proposed duplex would result in 40% of the
development in the are being duplexes. She hoped that the property owner would build single family
homes on the sites and stated that development ofthe furthest west lot would be difficult being close
to the Valley Creek ravine walL
In response to Commissioner Nutter, Mr. Schmitt confirmed that existing duplexes in the
area are 25 - 30 old. Assistant Planner Roberds noted that given the age ofthe duplex developments,
no City records exist and no land use permits were issued. The duplex development noted in the
staff report reflected information that is in City records and or was immediately apparent by a site
visit. Mr. Schmitt also responded to Commissioner Nutter that he wasn't actually certain that
additional soil had been placed on the site, it may have just been that grading made it appear that
filling had been done.
There being no further testimony, Chair Hewins closed the public hearing. Commissioner
Philpott moved to approve the conditional use permit for a duplex with the following
conditions, and citing the following findings and conclusions:
Conditions:
I. The applicant shall meet all permitting and utility requirements including the
provision of four off-street parking spaces, two (2) for each duplex unit for a total of
four (4) parking spaces.
2. Building location, setbacks and lot coverage for the duplex shall be as shown in the
site drawing submitted for Conditional Use Permit application (CUP 04-01). The
proposed duplex units wi11 each contain 1111 square feet with in area with covered
parking and lot coverage of 18%.
3. Primary access to the site shall be developed from Park A venue with secondary and
utility access only from the alley. Parking spaces shall not be accessed from the
alley.
4. Prior to any construction or further clearing on the site, the 25' environmentally
sensitive area buffer from the top of the ravine shall be delineated, with signage and
a split rail wooden fence to identify the sensitive area.
5.
A Zoning Lot Covenant combining Lots 11 and 12 shall be required prior to issuance
of a building permit for the duplex.
Planning Commission Minutes
April /4, 2004
PlIge3
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Findings:
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6.
The bonus rooms shall be upgraded to permit an optional first floor bedroom in each
unit.
Based on the information provided in the Community Development Staff Report for CUP
04-01 dated April 14, 2004, including an 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. Johnnie Key submitted Conditional Use Permit application CUP 04-01 to establish
a duplex use at 330 West Park Avenue on January 2,2004. Mr. Key is the owner of
the subject property and the property directly east of the site (Lot 13).
2. The proposed site includes Lots 11 and 12, Block 38 Fogarty and Dolan's Addition
to Port Angeles. The proposal will require the 50' x 124.99' lots to be combined into
one building site for a total site area of 12,499 square feet and building lot size of
100' x 124.99'.
3.
The site is zoned RS-7, Residential Single Family. Duplex uses are allowed by
conditional use permit per Section 17.10.040(H)P AMC. Section l7.1O.050(C) Table
"A" ofthe P AMC provides development standards for conditional uses in the RS-7
zone. Duplex uses require a minimum lot width of 75 feet and a minimum lot area
of 10,500 square feet in the RS-7 zone.
4. The Comprehensive Plan designates the site as Low Density Residential (LDR).
Adjacent designations are LDR. The site is located in the City's South Central
Planning area. The subject site is located at the west end of Park Avenue terminating
at Valley Creek. The neighborhood is composed of several large lots with the
majority of platted lots being similar to the subject lots at 50' x 125' in size.
5. Section 17.08.025(1) PAMC 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."
6.
Per 17.96.050 P AMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent
and compatible with the purpose of the zone in which the use is located, consistent
with the Comprehensive Plan, and not contrary to the public use and interest. In each
appli cation the Planning Commission may impose whatever restricti ons or condi tions
are considered essential to protect the public health, safety, welfare, and to prevent
depreciation of neighboring property. Established City policy requires that duplex
uses be scattered throughout single familyresidential neighborhoods and that impacts
Planning Commission Minutes
April 14, 2004
Page 4
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of each proposed duplex be evaluated to determine if the characteristics of the
intended use as related to the specific proposed site would defeat the purpose of the
City's Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions. The Planning Commission may refuse to issue a conditional use permit
if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations.
7.
While the City's Comprehensive Plan allows duplexes to be developed in residential
single-family areas, nowhere in the City's development standards is there written
criteria that provides a guideline as to where and at what density duplexes may be
developed in RS-7 zones other than as specified in Table "An of the Port Angeles
Municipal Code which only defines minimum setbacks and lot size. Duplex
development is decided on a case by case basis by conditional use permit with several
issues being considered in that decision, Consideration should be given to the impact
of traffic patterns, the particulars of a proposed property, other uses in the
neighborhood, density, and roads in an area in determining if a duplex is an
appropriate development in the RS-7 zone.
8.
The City's Comprehensive Plan was reviewed for consistency with the proposal.
Land Use Element Goal A and Policy A.2; Land Use Element Goal B, and Policies
B.l and B.4; Land Use Element Goal C and Policies C.l; Housing Element Goal A
and Policy A.6, and Goal B and Policy B.6; Transportation Element Policy B.l;
Conservation Element Goal A and Policy A.I, GoalB andPoliciesB.l, 2, 4, 5, 8, and
Objectives B.3, 4, and 7; Capital Facilities Element Policies B.l - 7, and Housing
Element Policy B.5 were found to be most relevant to the proposal.
9. The southwest comer ofthe site contains an envirorunentally sensitive area which is
the top of the bank of the Valley Creek ravine. Development of the site must be in
accord with Section 15.20 ofthe PAMC which contains standards for development
of properties that contain envirorunentally sensitive areas. A minimum 25-foot
setback shall be observed from the identified top of the ravine and the area shall be
delineated with a split rail fence.
10. Residential uses require certain access requirements and street improvements for
emergency and standard access purposes. Park Avenue must be extended to service
the primary access point ofthe development (Lot 12). Residential development on
Lot 11 (the most west lot) would require a roadway extension to the west lot.
11. P AMC 14.40. 060(D) requires 2 off-street parking spaces perresidential dwelling uni t
City wide.
12.
Setbacks in the RS-7 zone for single family development are 20' front and rear, T
each side, 25' from an environmentally sensitive area, and a maximum lot coverage
of30%. Proposed setbacks for the duplex development are 47' from the top of the
ravine (west side yard), 50' from Park Avenue (front yard), 35' from the rear yard, 7'
from the east side yard, and 18% lot coverage.
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Planning Commission Minutes
March 24. 1004
PlIge5
13. A development that is approved through the conditional use permit process must
remain in continual compliance with specific conditions of approval or may be
revoked.
14. A 1950's duplex is located one lot east ofthe subject property with access to Park
Avenue which dead ends at the subject site at the Valley Creek ravine. The duplex
was not developed with a conditional use permit and the City has no records of its
construction. Other uses in the area are single family with several properties being
larger than ~ acre in area and undeveloped. The Port Angeles High School is located
four blocks east of the site. A duplex was approved by conditional use permit in
1975 and is located three blocks east of the site at the corner of East Park Avenue and
Laurel Street.
15. 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.
16.
Notification of the proposed action and conditional use permit application was
placed in the Peninsula Daily News on January 9,2004. Public notice was mailed
to property owners within 300 feet of the subject property on January 5, 2004.
Written comments were received from four neighbors in opposition to the duplex
proposal based on a duplex already being in the block and issues relating to traffic
and property values. All but one of those comments were rescinded by the neighbors
as site development and conditions of approval are proposed to mitigate concerns.
One neighbor, the Browns, remain in opposition to the duplex due to a concern of
property values in the area and the existing duplex use.
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17. A Determination of Non-Significance was issued for this proposed action on April
5, 2004.
18. The Planning Commission opened a public hearing on the proposal at the February
11, 2004, regular meeting, and continued the item to the March 10, 2004, regular
meeting at the request of the app'licant. On March 10, 2004, the public hearing was
further continued to April 14, 2004, at the request of the applicant who had been
discussing the duplex proposal with neighbors.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Report for CUP 04-01 dated April 14, 2004, 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 conditions of approval and
listed findings, the City of Port Angeles Planning Commission hereby concludes that:
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1.
As conditioned, the proposal is consistent with the intent of the Comprehensive Plan,
specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal
B, and Policies B.l and B.4; Land Use Element Goal C and Policies C.l;
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Planning Commission M;/wtes
March 24. 2004
Page 6
Transportation Element Policy B.1; Housing Element Goal A and Policy AI;
Housing Element Goal B and Policy B.6; Conservation Element Goal A and Policy
AI, Goal B and Policies B.l, 2, 4, 5, 8, and Objectives B.3, 4, and 7; and Economic
Development Policy B.5. 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 and also encourages clustering of residential
development where necessary to protect environmentally sensitive areas while
preserving the rights of private property ownership. The Plan's residential goals and
policies indicate that a mix of uses is acceptable and even expected when desired
densities are maintained. In this instance, although there is another duplex within the
same block, the development of the proposed duplex would not increase the density
allowed in the area and would in fact require a building site that protects the
environmentally sensitive nature of the particular lot. Conservation Element goals
of the Plan encourage development to be compatible with physical features and
complement the environment in which it is placed while recognizing the rights of
private ownership.
2.
The proposed use complies with Section 17.1O.040(H) (RS-7 Zone) of the Port
Angeles Municipal Code and, as conditioned, the proposal is consistent with
development standards for duplex uses in the RS-7 Zone.
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3.
The proposal is consistent with requirements for approval of a conditional use permit
as specified in P AMC 17.96.050.
4. The proposal is consistent with Section 14.40.060(D) PAMC (parking Ordinance).
5. As conditioned, the proposal will provide an alternate housing opportunity in
compliance with established building and zoning standards.
6. Approval of the conditional use permit will require the consolidation of the two lots
into one building site rather than allowing development of two individual single-
family residential units in the neighborhood. Furthermore, the approved site plan
indicates that the residential structure will be placed entirely on the most east lot (Lot
12) and further from the environmentally sensitive area than is required, and
therefore, the proposed use allows for more restrictive site development than what
would be permitted in standard single family residential development. Additionally,
the required lot combination does not require the extension of Park Avenue beyond
the most east lot (Lot 12) because no development is planned beyond (west of) Lot
12.
7.
As conditioned, primary access to the property is restricted to Park Avenue rather
than from the alley which will address certain neighborhood concerns with regard to
increased alley traffic and therefore, the proposal is in the public interest and is
supported by neighbors in the area.
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8. As proposed, combination ofthe two platted lots into one building site will allow for
greater setbacks and for a reduced lot coverage from that which would be allowed for
standard single family residential development in the RS-7 zone.
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Planning Commission Minutes
April 14, 2004
Page 7
The motion was seconded by Commissioner Norton and passed 5. O.
STREET Y ACATION PETITION - STY 03-05 - DeFRANG. Portion ofWoIcott
Street located between East Fourth Street and the 4/5 Alley. (Continued from March
24, 2004.)
Director Brad Collins reviewed the Department Report recommending approval ofthe right-
of-way vacation as proposed, Director Collins, Assistant Planner Roberds, and Engineer Mahlum
responded to questions regarding the Public Warks and Utilities Department requirement for a sewer
line easement and what construction activities would be allowed within that easement area. Chair
Hewins opened the public hearing.
Steve Zenovic, 519 South Peabody, responded as to his understanding ofthe encroachments
that would be allowed within the sewer easement and had no further questions.
There being no further testimony, Chair Hewins closed the public hearing.
Following discussion as to the buildable area and the site location, Commissioner Philpott
moved to recommend approval of the vacation citing the following conditions, findings and
conclusions in support of the recommendation:
Conditions:
1.
A sensitive area tract, as prescribed in Chapter 15.20 PAMC, shall be established for
any portion of the subject lot that is located within the ravine and/or its buffer.
2. A 20' easement shall be retained over the existing sewer line. Construction within
the easement shall not occur except roof eaves may be allowed to overhang the
easement no more than 36 inches.
Findings:
1. A valid petition requesting the vacation ofthat portion of unused right-of-way known
as Wolcott Street located south of East Fourth Street between East Fourth Street and
the 4/5 Alley was submitted to the City of Port Angeles on December 22,2003, by
Mr. and Mrs. Fred DeFrang. The property is described as abutting Lot 9, Block 183,
and Lot 1, Block 182, Townsite of Port Angeles, which are owned by the petitioners.
2. The site is zoned RS-7, Residential Single Family and is adjacent to property zoned
PBP, Public Buildings and Parks, due to the location of White's Creek Ravine.
3. The subject right-of-way is undeveloped but does contain a sewer line situated in
approximately the center of the right-of-way extending the entire length of the
property.
4.
The City's Comprehensive Plan and Land Use Map were reviewed for consistency
with the proposed vacation of right-of-way. The site is designated LDR, Low Density
Residential, on the City's Comprehensive Plan Land Use Map with the adjacent
property being designted Open Space (OS). Growth Management Element Goal A
and Policies 1, 1 a, and 16; Land Use Map Goal, Policies, and Objective Goal A and
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Plallning Commission Minutes
April 14, 2004
Page 8
Policy 2, Policy B.2; Conservation Element Goal A and Policy Al and A2, Goal B,
and Policies B.l, B.2, B.4, and B.8; Residential Goals and Policies Goal B and Policy
4; and Open Space Goals, Policies, and Objectives Goal I, Policy 2 were found to be
relevant to the petition request.
5. The City Council's Real Estate Committee met on February 16,2004, to establish a
value for the unopened right-of-way. The subject right-of-way is 9,800 square feet
in area of which 4,000 is partially buildable based on topographic and sewer line
easement constraints which diminishes the buildable area to approximately 2600
square feet. That area of the site that is unbuild able was valued at $.20/square foot
with the build able area being valued at $2.66/square foot.
6. A geotechnical review was conducted on the site by Zenovic and Associates in 2003.
A substantial ecology block wall must be constructed to support minimal
development on the site. An environmentally sensitive areas review will be required
prior to any work in the area of the environmentally sensitive area buffer (that area
at the top ofthe White's Creek Ravine) that is contained on the site.
7.
The vacating of a street is categorically exempt from a State Environmental Policy
Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative
Code.
8.
City departments reviewed the petition and had no concerns regarding the right-of-
way vacation with a condition that a sewer line easement be retained. Those
comments were included in the conditions recommended for approval of the
vacation.
9. The site was posted and required publication appeared in the Peninsula Dailv News
on March 5, 2004.
10. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation on March 24, 2004.
11. This action constitutes a recommendation to the City Council.
12. The City Council set a hearing date by resolution establishing a public hearing date
for consideration of the petition request for April 20, 2004.
Conclusions:
A Traffic patterns on surrounding streets and utility services will not be negatively
impacted by the vacation.
B.
Low density residential development patterns in the area will not be affected by the
proposed vacation. Development of the lot which contains an environmentally
sensitive area is minimized by the site's topography and the encumbrance of a sewer
line easement that traverses the site from south to north. The right-of-way will be
incorporated with the residential building lot to the east which will enlarge that
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Planning Commission Minutes
April 14. 2004
Page 9
C.
residential building area as the site cannot be developed as a stand alone residential
lot due to the topography and sewer line easement.
The proposal is consistent with the goals and policies of the City's Comprehensive
Planl specifically Comprehensive Plan Growth Management Element Goal A and
Policies 1, 1.a, and 16; Land Use Map Goal, Policies, and Objective Goal A and
Policy 2, and Goal B, Policies B.1, B.2l B.4, and B.8; Residential Goals and
Policies Goal B and Policy 4; and Open Space Goals, Policies, and Objectives Goal
I, Policy 2.
D. As conditioned, vacation ofthe property will ensure that site development observes
the City's regulations as they relate to the development of properties that are
considered steep slopes, are environmentally sensitive, or are needed for public use
while placing the right-of-way on the City's tax roles and is therefore in the public
interest.
Commissioner Honnold seconded the motion which passed 5 - o.
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SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-01 -
PORT OF PORT ANGELES. 800 Block Marine Drive: Request for a permit to
allow the addition of handicapped restroom facilities in the east Port Angeles Boat
Haven.
Assistant Planner Roberds reviewed the Department report recommending approval of the
shoreline permit with conditions. Chair Hewins opened the public hearing.
Susan Bauer, Environmental Manager for tlte Port of Port Angeles, 338 West First Street,
was present but had no questions or further testimony. There being no further testimony, Chair
Hewins closed the public hearing.
Commissioner Nutter moved to approve the shoreline substantial development permit
with the following conditions, supported by the following findings and conclusions:
Conditions:
1. The proposal shall meet all requirements of the Port Angeles Municipal Code including fire
code, building code, and utility requirements.
2. Any signage shall be consistent with Chapters 4 and 5 of the City's Shoreline Master
Program.
3. Construction and subsequent maintenance activities shall utilize best management practices.
4.
If construction involves land disturbance and if the subject site has not been previously
inventoried, evaluatedl and reviewed to the satisfaction of the Lower Elwha Klallam Tribe,
the subject site shall be evaluated by a cultural review team which shall include a
professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site
owner, and the Port Angeles Department of Community Development. This team shall
determine the extent of excavation monitoring for the project during the permit review
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PllIrming Commission Minl/tes
April J 4. 1004
Page JO
process. As an alternative, the applicant may volunteer to have an approved archaeologist
on site during any excavation in lieu of a review by the aforementioned cultural team. If
during an excavation that by decision ofthe cultural review team occurs without an approved
archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the
developer shall stop such work and provide for a site inspection and evaluation by a
professional archaeologist to ensure that all possible valuable archaeological data is properly
salvaged.
Findings:
Based on information provided in the April 14, 2004, staffreport (including all of its attachments),
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 is proposing to construct an approximately 7' x 24' addition to an existing
public restroom facility located in the east Boat Haven marina parking area. The project is
located in a portion ofthe northwest quarter of Section 4, Township 30 North, Range 6 West,
Willamette Meridian. The project site is generally flat and,is bordered by heavy rip rap along
the shoreline ofthe Strait of Juan de Fuca to the north. A public boat ramp and log storage
activity are located in the industrial marina area as well. Access to the site is via Marine
Drive and through the existing marina/boat haven parking lot.
2.
Proposed site improvements include the addition of two new handicapped restroom stalls
constructed on the common wall with the current facilities such that two additional areas are
created, one for men and one for women, in the enlarged structure for handicapped use. A
total of four stalls will then be available (2 handicapped and 2 non handicapped). The sole
purpose is to better enable handicapped use of the restroom facilities for marina users.
3. The Port of Port Angeles applied for a Shoreline Substantial Development Permit on
February 13,2004. The application (Attachment B) was determined to be complete on
February 25, 2004.
4. The project is located approximately 750 feet north of the City's east/west Waterfront Trail
recreational corridor and is located in a previously altered area consisting of fill placed in the
early 1900s. The area is separated from the beach by existing rip rap and the proposal will
not impair the natural coastal drift processes. The site is nearly completely covered with
impervious surface with the exception ofa log storage use in the northeast corner ofthe site.
No additional impervious surface will be placed.
5.
Goals and policies ofthe Port Angeles Comprehensive Plan have been considered in review
of the proposal. The most relevant are provided in Attachment "C" to this proposal and
include Land Use Element Goal A and Policy A.2; Open Space Goals, Policies and
Objectives Goal J and Policies J.l and 1.2; Utilities and Public Services Element Goal A ,
and Policies A.l and A.2, and Goal C.
6. The City's Shoreline Master Program was reviewed in its entirety with Chapter 3 Goals,
Shoreline Use Element A.1, A.6, and A.7; Conservation Element D.3, and D.6; Public
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Planning Commission Mimlies
April 14, 2004
Page 11
Access Element E.l; Recreation Element F.1 and F.2; Chapter 4 General Policies and
Regulations Archaeological and Historic Resources B.2, Clearing and Grading C.l,
Environmental Impacts D.l, Public Access J.3, Shorelines of Statewide Significance K.5 and
K,6, Water Quality N.1 and N.2; Chapter 5 Environment Designations definition,
Management Policies D.l andD.2, Recreational Development Policies F.3, FA, and F.6, and
environment designation matrices, Urban Harbor, Purpose, Areas Designated, Environment
Designation Matrices; Chapter 6 Shoreline Use Policies and Regulations Boating Facilities
Policy 4, Regulations Utilities 2,3, and 4, and Commercial Policy 2c containing the most
relevant information to the proposal (see Attachment "D" to the April 14,2004, staff report).
7. Proj ect construction will follow best management practices. Roof drains will be tied into the
existing stormwater system and the facility will be connected to the City's sewer system.
8. The proposed project is located along the shoreline within an area of 100-year floods.
9. The Port Angeles Harbor provides nearshore marine habitat for juvenile Puget Sound
chinook salmon, which are listed as a threatened species under the Endangered Species Act.
10.
The subject site is designated Urban Harbor (UH) on the Port Angeles Shoreline Master
Program Shoreline Environment Designation Map, Industrial on the Port Angeles
Comprehensive Plan Land Use Map, and Heavy Industrial (lH) on the Zoning Map.
II. Water-enjoyment and recreational use are permitted in the Urban Harbor shoreline
environment designation, and boat haven / marinas are permitted in the Camp Plan
Industrial land use designation and the IH Zone.
12. Enjoyment and use ofthe marina facilities are anticipated by the general public, users of the
Waterfront Trail, and adjacent boat ramp users.
13. The site is zoned Industrial Heavy (IH) which is the City's least restrictive industrial zone
intended to be the area in which heavy industry could develop causing the least impact on
other land uses. Marinas and accessory uses are permitted within the IH zone.
14. The application materials were sent to the Department of Ecology (DOE), the Washington
State Department ofFish and Wildlife (WDFW), the Lower Elwha KIallam Tribal Council,
and Army Corps of Engineers for review. No agency comments were received other than
from the Army Corps of Engineers that indicated a permit from that agency would not be
required as the proposal is beyond their jurisdictional boundaries.
15. Legal notification appeared in the Peninsula Daily News on February 29, 2004, with a
comment period through March 19,2004. The site was also posted but no written comments
were received.
16.
A Determination of NonSignificance was issued by the Port of Port Angeles SEP A
Responsible Official for the proposal on February 6,2004, per WAC 197-11-340.
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Planning Commission Minl/tes
April 14, 2004
Page 11
Conclusions:
Based on infonnation provided in the April 14, 2004, Department of Community Development staff
reports 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:
E. As conditioned, the proposal is consistent with the City's Shoreline Master Program
specifically: Chapter 3, Goals Shorelines Use Element Al and A.6, and Public Access
Element E.1; Chapter 5 Environment Designations D. Urban Harbor, Purpose, Areas
Designated, and Environment Designation Matrices; Chapter 6 Shoreline Use Policies and
Regulations B. Boating Facilities Policy 4, Regulations - Utilities, B.3, BA, and C.
Commercial Policy 2c.
F. The project is consistent with the City's Comprehensive Plan. Those policies most relevant
to the proposed project are: Land Use Element Goal A and Policy A.2; Open Space Goals,
Policies and Objectives Goal J and Policies J.l and 1.2; Utilities and Public Services Element
Goal A , and Policies A.l and A.2, and Goal C.
G.
The proposed use is in compliance with Chapter 17.34 (Industrial Heavy Zone) of the Port
Angeles Municipal Code.
D. The proposal is located in a previously altered area consisting of fill placed in the early
1900s, and is covered with impervious surface at the present time so there will be no
additional impervious surface created by the development. Roof drains will tie into the
existing containment system and will not affect the water quality of Port Angeles Harbor.
E. The proposal should not directly affect the nearshore marine habitat.
F. The handicapped public's ability to enjoy the recreational areas will be enhanced by the
proposal.
G. The urban waterfront of this mixed-use area should be enhanced by the provision of the
passive recreation improvements by the proposal. The construction will not impact the use
of Of access to the water.
H. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
The motion was seconded by Commissioner Norton and passed 5 - O.
PRELIMINARY SUBDIVISION - VINCENT - Milwaukee DrivelWest Tenth
Street: Request for preliminary review of a 12 unit subdivision in the RS-9,
Residential Single Family zone.
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Planning Commission Minutes
April f 4. 2004
Page f 3
Assistant Planner Roberds reviewed the Department's staff report recommending approval
of the preliminary subdivision with conditions. Director Collins indicated a recommended
amendment to proposed Condition No.2 to include a requirement for the property to enter into an
L.I. D. No Protest Agreement for improvements to "0" and West Tenth Streets. Chair Hewins
opened the public hearing.
Darrel Vincent, 2510 West Tenth Street, thanked staff for their work in reviewing and
working with him on the preliminary submittal. Being a novice, he anticipated the process would
be much more onerous. He added that he would like to redesign the streets to be 60' right-of-way
along the cul-de-sac with an 80' turn around as allowed and responded to questions regarding
drainage in the area.
Jody Allmalln, 2511 West Tenth Street, indicated that stormwater drainage in the area is
very poor and that as the existing drainage is a major concern to area residents, she hoped the
developer would be able to retain or in some way improve the situation rather than add to it. The
property retains a good deal of water and no storm drainage system is present in the area. Most
residents in the area prefer to use West Tenth Street rather than Milwaukee Drive for access as West
Tenth Street is the closest route to town. She and her husband welcome new neighbors but want to
make sure that infrastructure is in place to handle development issues.
Director Collins responded to Commissioner Philpott that a stormwater and drainage plan
must be developed to address stormwater and drainage from the site to other properties in the area
but need not address all the water flowing along West Tenth Street. Substantial drainage ditches will
be developed along Milwaukee Drive as a result of the necessary road development which will help
to contain and direct stormwater and drainage in the area.
Jim Mahlum, Civil Engineer for the City 0 fPort Angeles, noted that resulting water flow may
not exceed pre development rates.
There being no further testimony, Chair Hewins closed the public hearing.
Commissioner Philpott moved to recommend approval ofthe preliminary subdivision
citing 8 conditions, and supported by 22 findings and 6 conclusions as follows:
Conditions:
1. The interior cul-de-sac shall be named Adelaide Drive, dedicated, and constructed per
the City's urban service standards, which includes a 20' asphalt surface with ditches and a
minimum 4' pedestrian walking path separated from the roadway by the ditch prior to
approval of the final plat. Signage shall be placed on the interior cul-de-sacs indicating
that on-street parking is prohibited along both sides of the street.
2.
Twenty-four (24') foot of paving is required along the subdivision frontage of Milwaukee
Drive per the City's Arterial Street Standards with an 8' walking path and ditching as
prescribed in the City's low impact development standards east to meet the improved
street surface on Milwaukee Drive. No improvement is required to "0" Street. No
improvement is required to West Tenth Street except for access aprons from Milwaukee
Drive. A No-Protest LID Agreement for improvements to West Tenth and "0" Streets
shall be signed by the property owner. Street trees shall be planted along the arterial per
the City's Urban Services and Guidelines Policy 3G.1 00 Street Trees and Landscaping.
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Planning Commission Minutes
Apn"l 14, 1004
PngeJ4
3. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a
maximum 1000' of separation distance. Wording shall be placed on the final plat and
recorded with the County Auditor upon filing of the final subdivision indicating that all
residences shall be fitted with residential sprinkler systems prior to occupancy.
4. Electric utility service shall be underground.
5. Prior to final plat approval, an 8 inch water service shall be extended to the lots as
required by the Public Works and Utilities Department.
6. Stormwater improvement plans shall be submitted for approval per the City's Urban
Services Standards and Guidelines and installed prior to final plat approval. The
subdivision shall be redesigned to be approved by the City to accommodate existing
stormwater drainage needs and may result in the reduction to 11 lots. No net increase
from existing drainage will be allowed following development.
7. Sanitary sewer and water shall be extended to the new lots as required by the Public
Works Department from Milwaukee Drive.
8.
Building setback areas shall be identified on the final plat and address numbers provided
by the City's Building Division shall be placed on the lots.
Findings:
1. Preliminary approval is for an 11- 12-unit subdivision submitted by Darrel Vincent on
February 20,2004, identified as being in Suburban Lot 57 within the Townsite of Port
Angeles. The approximately 5 acre site is located south of Milwaukee Drive west of
West Tenth Street.
2. The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS-9) which allows a density of up to 9 units per acre. The preliminary
drawing indicates that the proposed development will result in an approximate density of
2.5 units per acre.
3. Chapter 16.08 ofthe Port Angeles Municipal Code (pAMC) sets forth local requirements
for the approval of subdivisions and Section 16.08.050(B)(1) PAMC provides that the
Planning Commission shall examine the proposed plat, along with written
recommendations of the City Departments, and shall either approve or disapprove the
submittal. A recommendation thereon shall be forwarded to the City Council within a
period of90 days after a preliminary plat has been submitted to the City Planning
Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
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Plannbrg Commission Minutes
April 14. 2004
PlIge 15
4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division ofland within the State. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment of a
subdivision and determine if appropriate provisions are made for, but not limited to, the
public health, safety, and general welfare, for open spaces, drainage ways, streets or
roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, and schools and shall consider all other relevant facts
including sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school and whether the public interest will be served
by the subdivision. A proposed subdivision shall not be approved unless the city can
make written findings that these provisions are made.
5.
The proposal was reviewed with regard to the City's Subdivision Ordinance (Section
16.08 P AMC) which provides specific design standards which are expected of
subdivisions within the City limits while the City's Urban Services Standards and
Guidelines indicates that street trees should be planted along arterial streets and provides
guidance for such placement and tree species. The City's Urban Services and Guidelines
Standards (Section 3G.l 00 Street Trees and Landscaping) suggests that street trees should
be planted on arterial streets in the City and in other specified areas. The design standards
identified in Section 16.08.060 F P AMC state that street trees are a protection against
excessive heat and glare and enhance the attractiveness and value of abutting property.
The City will assist the subdivider in location of trees and species to use under varying
conditions. It is recommended that trees be planted inside the property lines where they
are less subject to injury, decrease the chance of motor accidents and enjoy more
favorable conditions for growth. If trees are to be planted within a planting strip in the
right-of-way, their proposed locations and species to be used are to be submitted for
review and approval by the City.
6. Section 16.08 P AMC states that the final plat shall be submitted to the Community
Development Department within five years after City Council approval of the preliminary
plat. Said preliminary approval shall become void unless a final plat is submitted and
approved by the City within the five year period.
7. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the
proposed subdivision and their comments and specific conditions have been incorporated
in the Department's recommendation. Water, power, garbage pickup,
telecommunications, sewer, stormwater, streets, and emergency services are available
within acceptable standards to the site or will be extended through conditions to the
preliminary plat.
8. The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan land use map.
9. The Comprehensive Plan requires concurrency at the time of development for streets,
Planning Commission Minllles
April 14. 2004
Page 16
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water service, sanitary sewer service, and electrical service (Capital Facilities Element
Policy A.9) and should require concurrency at the time of development for solid waste
collection, storm water management, telecommunications service, and emergency service
(Capital Facilities Element Policy A.l 0). The proposal has been reviewed with respect to
the Comprehensive Plan and the following Comprehensive Plan policies are relevant to
the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy
A.2, Goal B, Policy B.1, 8.2, B.3, and 8.4, Goal C; Transportation Element Goal A,
Policy A.3, A.6, B.1O, B.ll, B.14, and B.18; Utilities and Public Services Element Policy
C.2; Capital Facilities Element Goal A, B, Policy B.l, B.3, BA, B.5, B.6, B. 7, C.2, C.3,
C.4, and C.5.
10.
The purpose of the City's RS-9, Residential Single Family zone is a low density
residential zone intended to create and preserve urban single family residential
neighborhoods consisting of predominantly single family homes on larger than standard
Townsite-size lots. Uses that are compatible with and functionally related to a single
family residential environment may be located in this zone. Because of land use impacts
associated with nonresidential uses, few nonresidential uses are allowed in this zone and
then only conditionally. This zone provides for a variety in the urban land use pattern for
the City's single family residential neighborhoods, following a curvilinear street system
of non through public and private streets with irregularly shaped lots, minimum 75-foot
front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular
blocks and usually located in outlying areas with large tracts of vacant buildable land.
11. The site is currently served by unimproved Milwaukee Drive and West Tenth Street
which are local access streets. Milwaukee Drive is also a designated bicycle route. "N"
Street east of the site is a collector arterial and a designated school walking route.
Improvements to Milwaukee Drive improvements will be required such that the final
street is an improved width of 24' with a ditch and 8' pedestrian walking path established
on the south side per the City's new suburban low impact development standards
connected to improved West Tenth Street. Milwaukee Drive is a designated bicycle
route on the City's Nonmotorized Transportation Map and may be a route for the western
expansion ofthe Olympic Discovery Trail.
12. The City's low impact development standards for suburban areas were adopted in 2003
with the understanding that subdivisions developed under the reduced standards would
not allow for on-street parking. Site development and design for residential lots
developed under the lower impact standards need to accommodate resident parking and
visitor parking on-site. Roadside ditches developed under low impact development
standards should be kept free of debris by adjacent property owners.
13.
There are no environmentally sensitive areas on the site although the site has historically
had some standing groundwater areas probably due to the rise of the Milwaukee Railroad
grade along the site's north boundary. The site slopes west to southwest. The site is not
listed on the Federal Emergency Management Act (FEMA) maps which denote those
properties that are within IOO-year flood areas.
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Planning Commission Minllles
Aprif 14, 2004
Page 17
14. The owner of a construction site which disturbs a total of five acres or more of land area
that has a discharge of storm water to a surface water or storm sewer system must apply to
the State Department of Ecology for a General Permit for Stormwater Discharge
Associated with Construction Activities.
15. Building permits are required for all structures within the subdivision. All local building
and Fire Codes shall be complied with during construction including residential sprinkler
systems.
16. The Port Angeles School District has been notified of the development to allow them to
plan for needed public school facilities and routes. School busses travel along West
Tenth Street. Hamilton School is the closest school to the site.
17. The City's Parks Department responded that they are aware of the preliminary proposal
and do not believe the level of service for the area will be hampered as a result of the
development. The City's LOS for parks and recreational services is 1/3 acre for 1,000
population. An undeveloped wooded property donated to the City for a park use is
located approximately 1/4 mile east ofthe subject site along "N" Street. The nearest
public playground area is located approximately one-half mile + north at Crown Park.
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18.
The site will be serviced by the City's Police, Fire, and Public Works Departments. All
utilities including potable water, sanitary waste, and refuse collection are available in the
area, Transit service is available along "N" Street east ofthe site.
19. The City's State Environmental Policy Act (SEP A) Official issued a Determination of
Nonsignificance for the preliminary subdivision on April 8, 2004, therefore satisfying the
City's responsibility under the Act.
20. The William R. Fairchild International Airport is located south of the site. Port of Port
Angeles staff has been notified of the proposed subdivision proposal and per agreement
with the Port, it is expected that those who purchase properties in the final subdivision
will be aware of the existing on-going airport operation,
21. The Planning Commission's decision is a recommendation to the City Council. The
Commission acts as the City's hearing body for preliminary subdivision approval.
Reports are advisory only to ensure conformance ofthe proposed subdivision to the
general purposes ofthe City's Comprehensive Plan and to planning standards and
specifications adopted by the City.
22.
Property owners within 300 feet of the proposed subdivision were mailed notice and the
site was posted for the proposal on March 5, 2004. Legal publication appeared in the
Peninsula Daily News on March 7, 2004. Two neighborhood written comments were
received as a result of the notification. Both comments spoke about site drainage,
roadway development, and access issues. Mr. and Mrs. Doug Ahmann expressed concern
with regard to stormwater drainage and roadway development. Mr. and Mrs. Bob Coons
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Planning Commission Minutes
April 14. 2004
Page 18
expressed concern about a number of issues: roadway development, traffic, vision, and
stormwater.
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan and Land Use Map and Zoning Code.
B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance,
Chapter 16.08 PAMC, and Chapter 58.17 RCW ofthe Washington State Subdivision Act
C. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that
assure safe walking conditions for students who only walk to and from school.
D.
As conditioned, signage educating residents and visitors as to the prohibition of on-street
parking will ensure that interior streets remain passable for public safety situations where
on-street parking could prevent ease of passage for emergency vehicles and sight distance
safety issues.
5. The site has served as a drainage area over the years due to its topography and
development of the Milwaukee Railroad. Clearing and grading activities will require
handling of the existing drainage and future stormwater from the site as a result of
development through the subdivision process as no net increase in stormwater runoffwill
be allowed following development of the site.
F. As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The
subdivision provides for development of new homes within the City of Port Angeles
consistent with the State of Washington Growth Management Act.
The motion was seconded by Commissioner Norton and passed 5 - o.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
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Pllllming Commission Minl/tes
April J 4. 2004
Page J 9
Director Collins reported that the Planning Commission's recommendations with regard to
amendment to the City's parking regulations had once again been reviewed by the Community
Economic Development Committee with the result that the Committee agreed to revise its
recommendation based on the Planning Commission's main concerns. Table "A" would be the
preferred alternative, which will ensure some certainty in providing minimum parking requirements,
and any variances from the regulations (Table A) would be reviewed by the Planning Commission
rather than administratively. The Council will continue its formal review on April 20, 2004.
REPORTS OF COMMISSION MEMBERS
Chair Hewins noted that he would not be able to attend the April 28 meeting. Grading and
monitoring of grading activities was discussed.
ADJOURNMENT
The meeting adjourned at 8:40 p.m.
'it~
Fred Hewins, Chalf
::-;8 ~
Brad Collins, Secretary
PREPARED BY: S. Roberds
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PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
· FORTANGELES -
WAS H I N G TON, U. S. A.
P'LEASESIGN IN
Q
Meeting Agenda of: 4.;;; I.(~ .,.<00 )I
To help us provide an accurate record of those in attendance, please sign in. Your
signature acknowledges your presence. If you plan to testify, by your signature below, you certify
that the testimony given is true and correct under penalty of perjury by the laws of the State of
Washington. Signature below DOES NOT REQUIRE you to testify.
Agenda Item No.
117, d.-
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FORTANGELES
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WAS H I N G TON, U. S. A.
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PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLEASESIGN IN
Meeting Agenda of: ~ III l '7..<x> Lf'
To help us provide an accurate record of those in attendance, please sign in. Your
signature acknowledges your presence. If you plan to testify, by your signature below, you certify
that the testimony given is true and correct under penalty of perjury by the laws of the State of
Washington. Signature below DOES NOT REQUIRE you to testify.
NAME: ADDRESS: Agenda Item No.
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