HomeMy WebLinkAboutMinutes 05/13/2009ORTANGELES
W A S H I N G T O N U S A.
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
May 13, 2009
6 p.m.
I. CALL TO ORDER
Pledge Of Allegiance Led by the Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meetings of April 8 and 22, 2009
IV. PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT CUP 09 -02 BRABANT 125 W. 11
Street: Request to develop an accessory residential unit in the RS -7 Residential
Single Family zone.
2. REZONE APPLICATION REZ 09 -01— NYHUS /BLORE Northwest
corner of "C" and 17 Streets. Proposal to rezone 14,000 square feet from CN
Commercial Neighborhood to RHD Residential High Density
3. PROPOSED COMPREHENSIVE PLAN AND LAND USE MAP
AMENDMENTS 2009
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS John Matthews (Chair); Doc Reiss (Vice Chatr):Werner Beier: Mike Caudill, Tim Boyle. Calla Sue, Nance Powers
PLANNING STAFF Nathan West, Director: Sue Roberds, Planning Manager, Scott Johns, Associate Planner
O
A
ROLL CALL
PUBLIC HEARINGS:
Conditions
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 13, 2009
6:00 p.m.
Members Present: John Matthews, Werner Beier, Mike Caudill, Doc Reiss,
Tim Boyle, Nancy Powers, Carla Sue
Members Excused. None
Staff Present: Scott Johns, Sue Roberds, Nathan West, Heidi Greenwood
Public Present:
Bernie and Lora Brabant, Brando Blore and Christina
Nyhus, Jan Harbick
APPROVAL OF MINUTES
Commissioner Boyle moved to approve the April 8 and April 22, 2009, regular meeting
minutes. Commissioner Powers seconded the motion that passed with Commissioners Caudill
and Powers abstaining from the vote on the April 8 minutes, and Commissioner Sue abstaining
from the vote on the April 22 minutes due to absence.
CONDITIONAL USE PERMIT CUP 09 -02 BRABANT 125 W. 11
Street: Request to develop an accessory residential unit in the RS -7 Residential
Single Family zone.
Associate Planner Scott Johns reviewed the Department Report recommending approval
of the conditional use permit with conditions. Following brief questions regarding development
standards including site coverage, Chair Reiss opened the public hearing.
Bernie and Lora Brabant, 125 W. 11"' Street were present for questions.
Following brief discussion, Commissioner Powers moved to approve the conditional use permit
with the following conditions, findings, and conclusions:
1 Separate electrical meters are required for each dwelling unit. Addressing for each
dwelling unit shall be clearly identified as 125 and 1251/4 West I lth Street. Address
numbers must be at least six (6) inches in height and readily visible from the street and of
contrasting color from their background.
Z. Two (2) off street parking spaces are required for each residential dwelling unit for a total
of four (4) spaces. Parking spaces shall be constructed to Public Works and Utilities
Department standards.
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Plane mg Comm,ss,ar Minutes
May 13, 2009
Page 2
3 Driveway and site access shall be constructed to Public Works and Utilities Department
standards.
4 All utility improvements including water, sanitary sewer, storm drainage and electrical
are to be completed to the satisfaction of the Public Works and Utilities Department.
Separate water and electric meters are required for the Accessory Residential Unit.
Findings.
Based on the information provided in the Community and Economic Development Staff
Report for CUP 09 -02 dated May 13, 2009, 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 Bernie Brabant submitted a Conditional Use Permit application for an accessory
residential unit on April 13, 2009 The applicant owns the subject property
2. The proposed site is legally described as Lots 13 14 Block 327 of the Townsite of Port
Angeles and is located at 125 W 11'' Street.
3 The site is zoned Residential Single Family (RS -7) and is 14,000 sq. ft. in area.
4 The subject site is located on the north side of W 11 Street east of Oak Street in the
City's North Central Planning Area. Development in the neighborhood includes
predominately single family residential uses. The Comprehensive Plan Land Use Map
designates the site as Low Density Residential. Adjacent designations are also Low
Density Residential.
5 Per 17 96.050 PAMC, the Planning Commission shall consider applications for
conditional use permits 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 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 Conditional uses shall 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. The City's Comprehensive Plan was reviewed for consistency with
the proposal.
6 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.
7 Site access must comply with Public Works and Utilities Standards. Access to the
subject site is via the 11/12 alley Access to the primary use is via 11 Street. Both
access points are City rights -of -way
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Planning Commission dhnutes
May 13. 2009
Page 3
8. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on April 23, 2009 Public notice was mailed to property
owners within 300 feet of the subject property on April 20, 2009 The site was posted on
April 21, 2009 No comments were received as a result of the public notice period.
9 A Determination of Non-Significance was issued for this proposed action on May 11,
2009
10 The Planning Commission conducted a public hearing on the proposal at the May 13,
2009, regular meeting.
Conclusions
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 09 -02 dated May 13, 2009, 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:
1 As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan, specifically with Land Use Element Residential Goal A and Policy A.2, and
Goal C and Policy C.2, Housing Element A.6 and B 6.
2. The proposal is consistent with requirements for processing a conditional use
permit as specified in PAMC 17 96.050, and with the requirement for an accessory
residential unit in the RS -7 zone per PAMC 17 10 040(A)
3 As conditioned, the proposal is consistent with PAMC Chapter 14 40 (Parking
Ordinance).
4 The use is in the public interest as it allows for a variety of housing opportunities.
5 The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied.
Commissioner Boyle seconded the motion that passed unanimously.
REZONE APPLICATION REZ 09 -01— NYHUS/BLORE Northwest
corner of "C" and 17 Streets: Proposal to rezone 14,000 square feet from CN
Commercial Neighborhood to RHD Residential High Density
Associate Planner Scott Johns reviewed the Department Report recommending approval
of the rezone. Staff responded to questions regarding the site location, application of the
Comprehensive Plan land use designation in the area, and the appropriateness of additionally
including the adjacent lot to the west (Lot 18) in the rezone to avoid creating a spot zone in the
area. Staff responded to questions from the Commission regarding development of land within
commercial zones where frontage occurs on arterial streets versus development fronting non
arterial streets. Chair Reiss opened the public hearing.
Brando Blare, P.O. Box 3029, Port Angeles, WA owns the subject property with his
wife Christina. They are seeking a rezone of the property to Residential High Density (RHD) in
accordance with the Comprehensive Plan designation of the site. Zoned Commercial
Neighborhood (CN), the first floor facing an arterial street would be required to contain a
Planning Commission Alimee.s
May 13, 2009
Page 4
commercial use. The Blore's desire to develop the entire structure as high density housing
without the need for a commercial component and so are asking for the rezone consistent with
the Comprehensive Plan designation for the area.
Staff discussed the fact that Lot 18 adjacent to the subject property is also zoned
Commercial Neighborhood. A rezone of only two of the three lots in the block from CN to RHD
would leave a spot zoned lot.
Planner Johns indicated that he had been in contact with Mrs. Gladys Pressley who owns
Lot 18, Block 441 Mrs. Pressley expressed a desire to join in the rezone. Staff expected that
she would present herself to the Planning Commission to make that request. She was not in the
audience. Mr Blore indicated no objection to including Lot 18, Block 441 in the rezone
consideration.
Director of Community Economic Development Nathan West indicated that it would
be inappropriate not to include Lot 18 in the rezone proposal if a recommendation is made to
rezone the Blore's lots.
There being no further testimony, Chair Reiss closed the public hearing.
Following discussion as to the appropriateness of including the Pressley lot in the rezone
proposal at this time, Commissioner Matthews moved to recommend that the City Council
rezone Lots 18, 19, and 20, Block 441, Townsite of Port Angeles from Commercial
Neighborhood to Residential High Density citing the following findings and conclusions in
support of that recommendation:
Findings
1 On April 13, 2009, Christina Nyhus and Brando Blore submitted an application for
rezone of approximately 14,000 square feet parcel from Commercial Neighborhood to
Residential High Density The subject property is legally described as Lots 19 and 20,
Block 441, being Parcel 063000044195
2. The site is zoned Commercial Neighborhood (CN). Surrounding properties are zoned
Commercial Neighborhood, Residential High Density, Industrial Light, and Residential
Single Family Residential (RS -7).
3 The R1-ID zone (PAMC 17 15 010) is a high density residential zone for multi- family
residential structures. Medium and high density uses can provide a transition between
different land uses. This is often found between single family and commercial or
industrial land uses.
4 The City's Comprehensive Plan Land Use Map is the guiding document in determining
consistency in zoning, and establishes a conceptual frame work for land use decisions.
The Map designates the property as High Density Residential (HDR).
5 The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The
following elements, goals, and policies were found to be the most relevant to the
proposal. Land Use Element goal A, Policies Al, A2, and objective 1, Goals B and C,
Policies Cl, C2, C3, and C4, Goal E, Policies E2 and E5, Transportation Element Goal
B, Policy 14
6. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the
parcel of land has not been singled out for special and privileged treatment; 2) the rezone
Planning Commission ALntes
Afav 13, 2009
Page 5
is in the public interest and not only for the benefit of the land owner, and 3) the action
is in accordance with the Comprehensive Plan.
7 The SEPA responsible Official issued a Determination of Non-Significance on May 11,
2009
8 The written public comment and notification period for the Planning Commission
meeting ran from April 23, 2009, to May 8, 2009 No written comments from the public
were received. The City received a phone call from Mrs. Gladys Pressley, the property
owner of Lot 18, who indicated support of the addition of her property to the rezone
proposal to CN
9 Reviewing City departments did not comment on the rezone application. All City
utilities and services are available to the site. The site is located on a City arterial street
and can be accessed from improved rights -of -way
10 Ultimate development of the subject property will require specific project review
including issues such as access, noise, lighting, landscaping, and parking.
11 Housing and land use review have shown a demand for high density residential uses
within the City that is not being met by current zoning. Windshield surveys indicate that
a large degree of commercial areas remain vacant or are redevelopable for commercial
use.
12. Discussion took place during the Planning Commission's public hearing of May 13,
2009, that Lot 18, Block 441, TPA, adjacent to the west, is split zoned. If Lot 18 is not
included in the rezone proposal and ultimately rezoned to RHD, one half of that lot would
remain zoned Commercial Neighborhood with the remaining neighborhood zoning being
Residential High Density
Conclusions
1 The rezone proposal is in accordance with the Comprehensive Plan and Land Use Map
that designates the site as High Density Residential (HDR).
2. The rezone as proposed is compatible with the surrounding zoning and land uses and will
allow development of the site to the density that has been identified as desired for the
area through the City's Comprehensive Plan Land Use Map. The rezone is therefore in
compliance with the Comprehensive Plan, and is in the public interest.
3 The City's action on rezone application REZ 09 -01 is consistent with the established
procedures for amending the Zoning Code set forth in Section 17 96 100, Port Angeles
Municipal Code.
4 Development plans will require utility improvement by the developer and will include
street, walkway, and drainage improvements for subsequent development of the site. Site
development will accommodate any impacts to the neighborhood that result from
development to a high density use.
5 As proposed, the rezone action will eliminate a single lot spot zone that would otherwise
have been created by the original proposal.
Planning Commission Minutes
M4ay /3, 2009
Page 6
The motion was seconded by Commissioner Beier and passed unanimously.
Staff will contact Mrs. Pressley regarding the recommendation to include Lot 18 in the rezone.
PROPOSED COMPREHENSIVE PLAN AND LAND USE MAP
AMENDMENTS 2009
Associate Planner Scott Johns reviewed the proposed Comprehensive Plan and Land Use
Map amendments by use of a Power Point presentation. The Commission previously reviewed
the proposed amendments at a work session in April, 2009 Planner Johns noted that two new
Transportation Element policies were added relative to the American Institute of Architects'
recommendations to the City earlier in the year The policies related to signage and potential
discussion as to returning the First and Front Street corridors to two way streets. Chair Reiss
opened the public hearing.
There being no one to speak to the proposals, Chair Reiss closed the public hearing.
Staff and Commissioners continued to discuss various points of the amendments as
proposed. Commissioner Caudill moved to recommend that the City Council approve the
Comprehensive Plan and Land Use Map amendments citing the following findings and
conclusions in support of that action:
Findings:
Based on the information provided in the Community Development Staff Report for CPA 09 -01
dated May 13, 2009, including all information in the public record file, comments and testimony
presented during the public hearing, the Planning Commission discussion and deliberation, the
City of Port Angeles Planning Commission hereby finds that:
1 The City of Port Angeles planning staff submitted various amendment proposals required
for internal consistency, clarification of language, broader inclusiveness of nonmotorized
transportation modes, the inclusion of investigation into form based codes, uniform
signage, creation of a new zone for open space, habitat areas, and environmentally
sensitive areas, and two Land Use Map changes for review as Comprehensive Plan
Amendment application CPA 09 -01 on or before March 31, 2009
2. The proposed amendments to the Comprehensive Plan language are area wide. The
proposed amendments to the Land Use Map are also considered area wide.
3 City Departmental issues were considered in the review of this application.
4 Notification of the proposed action and Comprehensive Plan amendment permit
application was placed in the Peninsula Daily News on April 27, 2009
5 The proposed Comprehensive Plan amendments were forwarded to Washington State
Department of Community, Trade, and Economic Development on April 14, 2009, and
received notification that the materials were received by CTED on April 20, 2009
6. The City of Port Angeles adopted its present Comprehensive Plan on June 28, 1994, by
Ordinance 2818 and has annually amended it since.
Planning Camnassmn AGnutes
May 13, 2009
Page 7
7 The entire Comprehensive Plan was reviewed and analyzed to determine the need for
revisions.
8. The City of Port Angeles is anticipating a State mandated major Comprehensive Plan
update in 2011 The current updates are intended to meet some of the requirements of the
scheduled update.
9 A SEPA Threshold Determination will be issued for this proposed action once all
comments from interested agencies and parties have commented.
10 The Planning Commission opened a public hearing on the proposal at the May 13, 2009,
regular meeting.
Conclusions.
Based on the information provided in the Department of Community Development Staff Report
for CPA 09 -01 dated May 13, 2009, 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 listed findings, the City of Port Angeles Planning Commission
hereby concludes that:
1 The proposed amendments to the Comprehensive Plan are in compliance with the State's
requirements for updating the Comprehensive Plan under the Growth Management Act.
2. The Comprehensive Plan update is consistent with the County -Wide Planning Policy
3 The 2009 Comprehensive Plan up -date maintains internal consistency within the Port
Angeles Comprehensive Plan. The Comprehensive Plan was thoroughly reviewed and
updated between 2002 and 2004 The next major update required by the State of
Washington Growth Management Act is scheduled for 2011 The 2009 amendments will
be included as a portion of the scheduled 2011 updates.
4 The 2004 amendments completed the last State mandated periodic update of the
Comprehensive Plan.
5 Opportunities for amending the Comprehensive Plan are available on an annual basis.
The motion was seconded by Commissioner Matthews, and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
Planning Commission Afmutes
Alm 13, 2009
Page 8
REPORTS OF COMMISSION MEMBERS
Commission members discussed process. Commissioner Powers asked Attorney
Greenwood to explain why Planning Commission members are discouraged to independently
visit application sites. Ms. Greenwood explained that because Commissioners act in a fact
finding, quasi judicial manner, all testimony and information formulated in making a decision
must be received in the same. If a Commissioner visits a site, he or she may see or hear
something different than another Commissioner, and that event may cause a different outcome to
a process.
ADJOURNMENT
The meeting adjourned at 7.30 p.m.
PREPARED BY S. Roberds
Michael "Doc" Reiss, Chair
PORTANGELES
W A S H I N G T O N U S.A
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN -UP SHEET
PLEASE SIGN IN
Meeting Agenda of Pt', )3, 0005
To help us provide an accurate record of those in attendance, please sign
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ADDRESS:
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PORTANGELES
W A S H I N G T O N U S.A
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN -UP SHEET
PLEASE SIGN IN
Meeting Agenda of Pt', )3, 0005
To help us provide an accurate record of those in attendance, please sign
in. 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.