HomeMy WebLinkAboutMinutes 08/03/2005
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WAS H I N G TON, U. S. A.
COMMUNITY & ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
August 3, 2005
6 p.m.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES: None
CONTINUED BUSINESS:
PLANNED RESIDENTIAL DEVELOPMENT AND PRELIMINARY SUBDIVISION
- The Reserve at Valley Creek: Southwest comer of Ah1vers Road/Laurel Street: A proposed
development of approximately 30 acres in the RS-7 Residential Single Family zone into 147
residential building sites. (Continued from July 13, 2005.)
COMMUNICATIONS FROM THE PUBLIC
STAFF REPORTS
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
PLANNING COMMISSIONERS Len Rasmussen (ChaJr),Chene KJdd (VIce Chalr),Dave Johnson, KeVin Snyder,Betsy Wharton, Candace Kahsh,John Matthews
PLANNING STAFF Mark Madsen, DIrector, Scott Johns, ASSOCIate Planner, Sue Roberds, ASSIstant Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 3, 2005
6:00 p.m.
ROLL CALL
Members Present:
Leonard Rasmussen, Dave Johnson, Cherie Kidd, Candace
Kalish, John Matthews (late), and Betsy Wharton
Members Excused:
Kevin Snyder
Staff Present:
Mark Madsen, Bill Bloor, Scott Johns, Jim Mahlum
Public Present:
Steve Zenovic, Fran & Andy Andrews, Al & Margaret
Whetstine, Shawnna Riggs, Pam Tietz, Clint Berg, Tom
Armstrong, Ian McKelvie, Joe Hofrichter
APPROVAL OF MINUTES
No minutes were presented.
City Attorney Bill Bloor presented a short overview on the subjects of conflict of interest,
rules of public meetings, and the appearance of fairness doctrine. Planning commission members
are public officials. Conflict of interest is when a commissioner or their spouse has a personal
interest or stands to gain as a result of some action taken by the Commission. Commission members
must disqualify themselves in the case of a conflict of interest. A public meeting is when 4 or more
(quorum) Commissioners are assembled together and especially ifthose Commissioners discuss any
business of the Planning Commission. There are two types of public meetings. The first is when
Planning Commission meets to discuss business without a public hearing, i.e. broad policy matters
including area wide rezones or Comprehensive Plan amendments. At these meetings, the
Commission may listen to comment from the public, but are not required to. Comments mayor may
not be recorded in the minutes. Staff and Commission members usually will respond to comments
but are not obligated to. The second type of meeting is when the Commission is sitting to hear a
particular issue. These are public hearings and are not subject to open meeting rules. Different rules
apply. The public hearing is set up to determine the appropriate land use issues. The public hearing
is governed by quasi-judicial rules and by the Appearance of Fairness Doctrine. In those situations
the Planning Commission is sitting more like a judge in a court room and must be fair and unbiased
and have the appearance of being fair and unbiased. At a public hearing the Planning Commission
must listen to the testimony that is presented and accept the documents that are presented on the
issue before the Commission. The decision must be made only on the testimony and documents
presented at the public hearing. A decision cannot be made on information obtained outside of the
public hearing.
The Appearance of Fairness Doctrine applies only to a public hearing, not a public meeting.
The Doctrine states that the Planning Commission must not only be fair, but must also appear to be
fair. Ifthere is a potential bias, a Commissioner must state the situation and recuse themself from
Plannmg CommiSSIOn Mmutes
August 3, 2005
Page 2
. the proceeding. Appearance of fairness can be questioned, i.e., when there could be a personal issue,
an employment gain, an indication of prejudgement, or an indication of partiality in any matter.
These are issues that could raise the appearance of fairness question. There is no person or agency
that oversees these things. The law presumes that Commissioners will know these things and be
aware of them. The City attorney is the legal advisor for the City and is available to answer any
questions.
The test for appearance of fairness is that a rational obj ective person who knows all facts and
circumstances must believe that an appearance of fairness does not exist.
Associate Planner Scott Johns provided the Commission with a brief overview of the land
division process, including the steps involved, the developer's responsibility at the different steps
and staff s role in the process. Several Commissioners asked questions regarding how conditions
can be met and who decides if those conditions have been met.
Commissioner Johnson arrived at the meeting at 6:40 p.m. during the discussion on land division
process.
The Commission took a short recess at 7:00 p.m. and reconvened at 7:10 p.m.
PUBLIC MEETING: Work session continued from July 13, 2005.
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PLANNED RESIDENTIAL DEVELOPMENT AND PRELIMINARY SUBDIVISION
- The Reserve at Valley Creek: Southwest comer of Ahlvers Road/Laurel Street: The
proposed development of approximately 30 acres in the RS-7 Residential Single Family zone
into 140 residential building sites.
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Chair Rasmussen indicated to those in attendance that the public meeting is a continuance of the July
13,2005, Commission meeting and that the public hearing portion ofthe meeting had been closed.
No further public testimony would be heard other than if the Commission had specific questions of
a member of the audience.
Associate Planner Scott Johns presented an amended staff report addressing issues that were
brought up at the July 13, 2005, public hearing on the proposed PRD. Several changes proposed by
the applicant were pointed out, primarily a change in the location of the entry road. This change
resulted in a reduction of the proposed number oflots and an increase in the amount ofland provided
for common usable open space. The number of proposed lots is now 140, a reduction of7 from the
original proposal. Other issues discussed included traffic impacts, storm drainage from the site, the
amount of recreational area being provided, the overall site density, potential problems associated
with wildlife living in the Valley Creek ravine, control of architectural design, maintenance of
common areas, noise and air pollution, and how this development will fit into the surrounding
neighborhood.
Commissioner Kalish expressed concern regarding the proposed condition requiring a fence
to prevent wildlife intrusion into the developed area. Discussion occurred as to whether a fence
would actually prevent animals from venturing into the area, how much of the area might have to
be fenced, what type and height of fence would be needed, and whether the future occupants would
want a fence. The Commission decided that the standard requirement of a split rail fence in a critical
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August 3, 2005
Page 3
area to separate a ravine from the development with appropriate signage provided by the City would
be adequate and acceptable to all parties. The conclusion that no fence would adequately keep
determined animals out of a development was reached.
Chair Rasmussen then directed the discussion to the salient points covered in the staff report
addendum beginning with traffic issues. Commissioner Kalish stated that transportation is a major
concern. She questioned ifthe system would protect the interests of the City of Port Angeles. With
regard to warrants that would be identified by a traffic study, she asked whether specific warrants
would require that specific mitigation will be implemented. The City's traffic engineer Jim Mahlum
stated that currently, sidewalks will be required because Laurel Street is a school walking route. A
traffic study will determine what the percentage impact and contribution is to the developer. Based
on previous projects, costs can be estimated, and, from the traffic study results, costs to the developer
can be determined.
The Laurel and Lauridsen intersection is approaching a level of impact that will require a
traffic signal. The required traffic study will determine if the development will push the traffic level
to a point where it will require a signal. It would not be fair to require a developer to pay the entire
cost of a signal unless all of his traffic makes the signal necessary. Commissioner Kalish asked how
the city would deal with a situation where the traffic study indicated that severe traffic congestion
would occur. Mr. Mahlum suggested that synchronized signalization would be used. In all cases
the decision balances safety and congestion. Commissioner Kalish then asked if all traffic mitigation
action required were put in place, would this development ultimately put Port Angeles in a situation
that could not be remedied? Chair Rasmussen responded that the Comprehensive Plan
Transportation Element provides a mechanism for dealing with long range traffic issues and that the
answer lies in making appropriate changes to the Comprehensive Plan rather than extracting
mitigation from this developer. Commissioner Kalish expressed concern that the Planning
Commission would be allowing a development that would create a choke point for the City. Chair
Rasmussen responded that it is up to the Commission to trust staff to ensure that proper mitigation
measures are in place and look to needed revisions to the Comprehensive Plan for longer term
solutions.
Community and Economic Development Director Madsen also responded that the City looks
to the Comprehensive Plan to deal with issues on a long range basis. More specifically the 1,000
vehicle trips per day that are predicted for this development will be spread out over the entire 24 hour
day. There are ways through engineering to predict where the vehicles hit certain points so by
staging and timing, the impacts are reduced.
Commissioner Kidd suggested that the traffic study might look at a four way stop at the
intersection of Laurel and Park. Mr. Mahlum indicated that only one accident has happened at that
comer but doubts that the intersection will warrant stop signs. Commissioner Wharton mentioned
sidewalks on school walking routes and developer contributions and stated that she would like to see
those specifics in the conditions. She is not reassured that the neighborhood will remain pedestrian
friendly and does not feel confident that the conditions are specific enough to ensure the developer
is contributing adequately to the costs of mitigating traffic impacts. Staff recommended a minor
revision to the condition.
Chair Rasmussen commented that the traffic issues are his single most important concern
about the project. He is uncomfortable about the revised discussion on the issue. First, because
Peabody Street is not mentioned and should be included in the traffic study. Potential development
to the south of this project will also have impacts. Second, the condition does not contain a date for
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completion of road construction. Chair Rasmussen stated that he would like to make a strong
recommendation to the City Council that if the PRD is approved, the street construction be
completed at or before completion of the PRD. Commissioner Kalish agreed. Mr. Madsen noted
that the Commission could not legally require the City Council to act. He also stated that the
Comprehensive Plan sets the level of service for all infrastructure needs and, by State law, staff must
evaluate how different proposals impact that level of service. As long as the minimal level of service
is there, the City cannot deny a development. Chair Rasmussen stated that the Planning Commission
can make a strong recommendation to the Council. Commissioner Kalish restated her concern that
through no fault of the developer this development will create a traffic situation that will be a long
term problem.
The Commission took a short recess at 8:05 p.m. and reconvened at 8:15p.m..
Commissioner Wharton asked about the buffer area for the Valley Creek ravine. Mr. Johns
indicated that the area was previously disturbed and that the buffer would not be necessary to
maintain the functions and values of the ravine especially if the ravine is fenced and marked as a
sensitive area. Mr. Madsen pointed out that the natural topography slopes away from the top of the
ridge. Commissioner Wharton asked for clarification of the area calculations used to determine
recreation and open space. Mr. Johns went over the rationale used to make recreation and open
space determinations.
Chair Rasmussen commented that this area of the city is one of the few areas left where
adequate land for development exists. Commissioner Kidd commented that, as a result of the
comments expressed during the 7/13/05, public hearing she visited other developments that the
proponent completed. Due to the quality of the developments she observed, the concerns of
neighborhood quality seem to be unfounded. Her observation is that the developments are well done
and well maintained. She further stated that a different housing market is developing in Port Angeles
than in the past.
Commissioner Kalish stated that before the proponent is required to provide an expensive
fence to prevent dangerous animals from intruding into the development that it should be
documented that the fence will be effective. Commissioner Wharton suggested that the word
aesthetic be included in the condition. Commissioner Kalish again pointed out that the fence may
not serve anypurpose and, may result in an unnecessary expense. Commissioner Wharton suggested
that a more scientific study as to how to protect the wildlife and wildlife corridor might be helpful.
Mr. Johns suggested that leaving the condition in while attempting to provide additional support for
the fence and later asking the City Council to remove the condition if it is found unnecessary would
make more sense than removing the condition now and later asking City Council to reinstate the
condition. Discussion on the aesthetics of a fence followed. Commissioner Wharton asked Tom
Armstrong, the developer, ifhe had any thoughts on the fence issue. Mr. Armstrong indicated that
he felt that the issue of dangerous wildlife being a problem was exaggerated and that a fence to keep
dangerous wildlife out of the development is a ridiculous idea. Commissioner Kalish agreed.
Commissioner Wharton brought up the situation of individuals entering the ravine to ride bicycles
or do other activities not in concert with a natural area. Mr. Armstrong pointed out that in other
developments, fences have been erected and individuals still find a way to get around them. In other
developments near critical areas, they have used split rail fences and attached signs that the State has
provided indicating that the area is a critical area. Mr. Johns added that the City is looking at
extending the Valley Creek trail through this area which will bring people into the ravine and
increase human activity and will also reduce the likelihood of dangerous wildlife. He also indicated
that a typical condition for a critical area would be a split rail fence and signs as a visual barrier more
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than a physical barrier. The Commission directed staff to revise condition #20 to state the City
require that a split rail fence be placed at the top ofthe ravine and to include signage identifying the
area as an environmentally sensitive area.
Commissioner Kalish commented on the sample document that the proponent provided as
an example of a mechanism to manage maintenance of common areas and design control. Mr.
Armstrong answered several questions from the Commission regarding the example document. He
indicated that there would be a similar document filed for each individual lot as well as a larger
document filed for the entire development. The document would have a component whereby each
homeowner would pay a percentage ofthe maintenance costs associated with the maintenance ofthe
common areas. Commissioner Kalish asked ifthe condition requiring CC&Rs, Association, or other
mechanism is a strict condition as it is worded. Mr. Johns indicated that it is not, but is intended to
be flexible enough so that maintenance of common areas is provided and that adequate control over
building design can be assured. Chair Rasmussen related his knowledge and experience of such
legal mechanisms. Commissioner Kalish indicated that the proposed condition fully addresses one
of her major concerns ofthe project.
Commissioner Wharton stated in response to Chair Rasmussen's earlier comment that she
felt that the City is running out of open space but not running out of usable space, and that there are
many areas of potential redevelopment. She further indicated that the RS- 7 designation on the
outskirts ofthe City was a major concern to the local area residents. The number of units proposed
for the area exceeds the allowed base density of the areas not constrained by the critical areas. Mr.
Johns confirmed that the proposal was 15 units above the base density of the area not encumbered
by critical area. However, well over 1/3 ofthe total site has physical constraints of wetland or ravine
that are being credited to the developer. Mr. Madsen added that City ordinance allows an
administrative 10% minor deviation and that the PRD is actually more stringent in some ways. The
PRD intent is to provide for a more creative and higher quality development than by standard
subdivision methods. The developer has chosen the PRD approach in order to provide a different
housing type - the zero lot line units - that could not be allowed by more traditional development.
Commissioner Kalish indicated that she feels that the development still has difficulties even
though the developer has addressed many of her earlier concerns.
Commissioner Kidd stated that Port Angeles needs affordable housing. Commissioner
Kalish indicated that she follows the real estate market and that there have been several price
reductions recently and that the housing market may not be as dire as once believed. She further
stated that she agreed with Commissioner Wharton that possibly infill development in areas with
fewer environmental constraints should be looked at for future development. Commissioner
Wharton added that she is not opposed to the variety of housing types but remains somewhat
concerned over the total number of units.
Access to the ravine area for future use by nonresidents was discussed. Mr. Armstrong
indicated that he is not opposed to allowing access through a trail system in the Valley Creek ravine.
However, he expressed some concern over his ability to project what his costs will be considering
the newly added conditions. Chair Rasmussen concurred with Mr. Armstrong and stated that his
concern is not so much with this particular development but with the City in that necessary street
improvements were not made for earlier developments and the required street improvements are now
being applied to this development. Mr. Armstrong responded that he is willing to contribute
substantially to the traffic mitigation improvements and pointed out that the type of contribution he
is willing to make will enable the City to gain access to additional grant monies for street
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August 3, 2005
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improvements in that area. Chair Rasmussen indicated that he will insist on a strong
recommendation to the City Council ifthis proposal moves forward that street improvements must
be in place when the development is complete.
Commissioners Kalish, Wharton, and Kidd all spoke in support ofthe project while agreeing
that the street and pedestrian issues in the area must be addressed. Chair Rasmussen suggested a
statement that he feels should accompany the Planning Commission's recommendation to the City
Council. A discussion regarding the streets that should be included in the traffic study ensued, and,
it was determined that Peabody Street need not be included in the traffic study.
Hearing no further discussion, Chair Rasmussen asked for a motion. Commissioner
Matthews moved to send a recommendation of approval of the Reserve at Valley Creek
PRDlsubdivision to the City Council, citing the following 21 amended Conditions, 36 Findings
and 18 Conclusions.
Conditions:
1. The final plat shall show the building front lot lines drawn on the face of the plat. All
building setback lines on external lot lines shall meet RS-7 Zone requirements (20'). All lot
lines (solid lines) and building setback lines (dashed lines) shall be accurately dimensioned
on the final plat.
2. Prior to final PRDISubdivision approval, the applicant must complete a traffic study that
includes AM peak hour traffic counts at the intersection of Laurel St. and Lauridsen Blvd.
(US 101) taken during a period when both Port Angeles School District and Peninsula
College are in session. The developer's contribution to street and sidewalk improvements
to Laurel Street, Ahlvers Road, and possible signalization at the intersection of Laurel Street
and Lauridsen Blvd. (US 101) shall be agreed upon by the developer and the City and shall
be based upon results of the traffic study done during the fall of 2005.
3. All necessary on-site easements for access, drainage, and utilities shall be shown on the final
plat.
4. A stormwater drainage plan shall be submitted for review and approval by Public Works and
Utilities Department. The drainage plan for on-site and off-site facilities shall be approved
by the City Engineer prior to final subdivision approval. The stormwater drainage
improvements shall be installed or bonded per the City's Urban Services Standards and
Guidelines and consistent with the Washington Department ofFish and Wildlife hydraulics
permit approval requirements and the Department of Ecology NPDES permit requirements.
5. The final plat shall provide for common usable recreational area and common usable open
spaceperPAMC Sections 17.19.011 and 17.19.050. Common usable recreation areas shall
be generally level, of a regular shape and contain a minimum of 1,000 square feet. The
common usable recreational area may be comprised of areas located separately from each
other as long as they each contain a minimum of 1,000 square feet. Specific use areas, such
as trails in the more accessible areas of the wetland buffers, may be included as common
usable recreation area but must not reduce the environmental functions and values of the
buffer.
6. Two off-street parking spaces shall be provided on-site for each lot in addition to any parking
provided elsewhere on the site.
7. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards. Electric utility service shall be underground.
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August 3, 2005
Page 7
Address numbers shall be identified and placed on the final plat as provided by the City.
Parking shall be limited to one side ofthe interior streets only. The developer is responsible
for providing "NO PARKING" signs on the side of the street that parking is not allowed.
Fire hydrants shall be placed per the project drawing included in the application with the
modifications required by the City's Fire Department.
Twenty (20) feet of clear width shall be required for Fire Department access.
Residential fire sprinkler systems as required by the Fire Department shall be a condition of
any new residential building permit. Wording shall be placed on the final plat and recorded
with the County Auditor upon filing ofthe final subdivision indicating that all multi-family
(tri-plex and above) residences shall be fitted with residential sprinkler systems prior to
occupancy.
13. Potable water lines shall be provided as shown, with Fire Hydrant installation per the Fire
Department comments and located in the middle of the internal roadway per City Urban
Standards.
14. Sanitary sewer shall be provided as shown per City Urban Standards.
15. Proposed roadway construction of internal roadways shall be to 28 foot paved width, rolled
curbs, and paved sidewalks on one side of the streets, and dedicated to the City.
16. The developer shall dedicate a 30-foot strip ofland along the north side ofthe site, from the
east property line approximately 570 feet from the eastern property line to a point where the
County line intersects the subject site.
17. The legal description of the subject property of the PRD shall be provided.
18. The applicant shall provide an example of an agreement, formation of an association, or
other mechanism, that provides for the continued perpetual maintenance of all common areas
located in the PRDlsubdivision. The document should provide for the protection of critical
areas from inappropriate uses that would be detrimental to the critical areas, maintenance of
all utility structures such as storm water and drainage facilities not located in publicly owned
areas, and common usable recreational areas, and provide for a method of dispute resolution
for residents of the PRDlsubdivision.
19. The applicant shall submit for review and approval by the city a proposed set of architectural
design elements andlor guidelines to be followed during construction of all residential
structures on the site. The architectural guidelines shall be included in a written document
that includes CC&Rs, the formation of an owners association, or other mechanism that will
provide adequate oversight and authority to ensure a high quality development.
20. A wooden split rail fence shall be constructed along the entire upper rim of the Valley Creek
ravine. The barrier shall include the designated common usable open space with the private
residential areas of the development. The City shall provide signs indicating that the area
is considered an environmentally sensitive area to be placed on the fence at specified
locations.
21. Prior to final approval, the applicant shall submit a completed wetland mitigation plan
showing all existing wetland areas, additional wetland areas created for mitigation, a planting
list, proposed buffer areas and dimensions, location of trails and other amenities, and a
monitoring schedule, The plan must indicate that the outer edge of the buffer area will be
identified with a split rail wooden fence and signage (supplied by the City) indicating the
sensitive nature of the wetlands. A wetland permit must be issued prior to any earth
disturbing activity being done within the wetland area.
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Findings:
1. Following a pre-application meeting on March 31, 2005, a PRD application was submitted
on May 3, 2005. Following a request for additional information, a revised site plan was
submitted on June 5, 2005. The Reserve at Valley Creek application was determined to be
complete on June 6, 2005. The revised preliminary plat drawing for The Reserve at Valley
Creek shows a 147 lot subdivision proposal. All of the lots access from the intersection of
Laurel Street and Ahlvers Road.
2. The preliminary plat would subdivide the approximately 29.84 acres of land into147
residential building lots, ranging from 2,000 to 11,900 square feet (see Attachment C for the
preliminary plat). While the proposed subdivision does not conforms to all preliminary plat
requirements, smaller lot size and private street access are permissible through City approval
of a site specific planned residential development per P AMC Chapter 17.19.
3. The small lots though permissible in a planned residential development are subject to overall
density limitation. The overall density of The Reserve at Valley Creek PRD is 4.92
units/acre. Port Angeles Municipal Code (PAMC) Chapter 17.19 sets forth the City's
requirements for the approval of planned residential developments, and P AMC Chapter
16.08 sets forth the City's requirements for the approval of subdivisions.
4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State of Washington. 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.
It shall 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, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, 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 purpose of a planned residential development (PRD) is set forth in Section 17.19.010
as follows:
This Overlay Zone is to provide alternative zoning regulations which permit and
encourage design flexibility, conservation and protection of natural amenities and
crztical areas, and innovation in residential developments to those regulations found
in the underlying zone. It is intended that a Planned Residential Development will
result in a residential environment of higher quality than traditional lot-by-Iot
development by use of a design process whlch includes within the site design all the
components of a residential neighborhood, such as open space, circulatLOn, building
types, and natural features, in a manner consistent with the public health, safety, and
welfare.
6. Section 16.08.050(B)(1) P AMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations ofthe City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 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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The PRD and Subdivision preliminary plat applications were determined to be complete on
June 6, 2005. The City Council must act on the PRD and preliminary subdivision by its
September 6,2005, meeting to be within the 90-daytime limit set byRCW 58.17.140. The
applicant may consent to an extension to the time limit.
The proposed 29.84 acre The Reserve at Valley Creek Planned Residential Development
(PRD) and Subdivision site is located at the southwest comer of Ahlvers Road and Laurel
Street. The development provides for subdivision of the subject site into 147 lots designed
for small-lot single family residences, zero lot line duplexes and fourplex row houses.
The site is topographically diverse, with the southwest portion of the site containing the
Valley Creek Ravine with the northern portion sloping gently from south to north, and
resulting in a small depressional wetland adjacent to the northern boundary of the property.
A wetland delineation and preliminary wetland mitigation plan have been received by the
City of Port Angeles. The mitigation plan indicates that the wetland will be increased in size
and the functions and values for stormwater and habitat will be enhanced.
The preliminary plat application includes a drawing dated received June 5, 2005, prepared
for the applicant, Development and Construction Group by Zenovic and Associates, Inc.,
provided in Attachment B, and used as the basis of the preliminary plat review. The final
plat will be entitled The Reserve at Valley Creek Planned Residential Development and
Subdivision.
The site is served by Ahlvers Road and Laurel Street, which do not meet City arterial street
standards south of Viewer est Street.
Utilities are provided to the site.
The proposal has been reviewed with respect to the Comprehensive Plan, Zoning Code, and
Subdivision Ordinance. The Comprehensive Plan land use designations for the site is Low
Density Residential (LDR). The approximately 29.84 acre property of the PRD was zoned
as RS-7 Residential Single Family at the time the property was annexed to the City (ANX
05-02 dated May 31,2005). Other surrounding properties are zoned RS-9 Residential Single
Family (located in the City), LD, or RCC5 (located in the County) and are developed with
low density residential uses or are undeveloped. The Independent Bible Church is located
directly east of the site.
The proposed planned residential development and subdivision preliminary plat were
reviewed by the City's Fire, Public Works, Parks and Recreation, and Economic and
Community Development Departments.
The proposed The Reserve at Valley Creek PRD and Subdivision is in the Fire Department
four minute response area. According to PAM C 18.08.110 - Fire Suppression Requirements,
each multi-family residence within a new subdivision shall be equipped with a residential
sprinkler system that is installed and maintained in accordance with Uniform Fire Code
(UFC) and National Fire Protection Association (NFP A) standards.
Public notice ofthe PRD and subdivision application was published in the Peninsula Daily
News on June 10, 2005, posted on the site on June 10, 2005 and mailed to property owners
within 300 feet of the proposed subdivision on June 7,2005. The Department ofCommunity
and Economic Development received twenty-five public comment letters, which are
provided in Attachment D.
The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are found
to be most relevant to the proposal: Growth Management Element Goal A; Land Use
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Element Goal A, Policy A.2, Goal B, Policies B.l, B.2, & BA, B.6 & 7, Goal C, Policy C.l -
3, Goal I, Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and
Public Services Element Policy D.l; Housing Element Goal A; Conservation Element Goal
A, Policies A.I-A.3, Goal B, Policies B.I-BA, B.16, Objectives B.3-BA; Capital Facilities
Element, Policies A.I0, B.6, C.3.
The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.l 0).
The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics ofthe use and the users, and the desired
urban design of the City.
A planned residential development is one of the innovative techniques the City has to
achieve implementation of Open Space and Conservation policies and the desired urban
design of the City.
The proposal meets the minimum site size for a planned residential development.
The subject property in The Reserve at Valley Creek PRD and Subdivision is identified by
the Port Angeles Zoning Map as RS-7 Residential Single Family, which allows a density of
up to 6.22 units per acre. The revised preliminary plat drawing dated June 5, 2005, indicates
that each lot in the proposed subdivision will be at least 2,000 square feet in size and that the
size of most ofthe single family residential lots is 6,000 to 7,000 square feet, the duplex lots
are between 3,050 square feet and 5,400 square feet and the row house lots are between
2,000 and 3,500 square feet.
The small lot and PRD housing model designs are priced to be affordable in costs for new
single family homes, providing starter homes for new families and other first time home
buyers. This small lot housing design is still rather unique to the City and provides another
opportunity similar to Highland Estates, a senior housing development off Golf Course Road
and Lauridsen Boulevard.
All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subject site or are available in the area.
The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
There currently are no designated school walking routes in the vicinity, however the school
district is in the process of reevaluating the school walking route map and it is likely that
both Laurel Street and Ahlvers Road will be added to the school walking route map.
The site is currently served by the City's Police, Fire, and Public Works Departments.
Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
Clearing and grading permits are required for any initial site development on sites greater
than one acre in size. A Wetland Permit is required prior to the start of the wetland
mitigation work.
The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1108) on July 6,2005, satisfying the City's SEPA responsibility.
.
.
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Planmng CommISSIOn Mmutes
August 3, 2005
Page /1
33.
34.
35.
36.
City of Port Angeles Public Works and Utilities Department engineering staff determined
that the JTE traffic study lacked certain detail that will only be available after the school year
begins in the fall. Until further study is completed, the City and the developer cannot know
the extent of the impacts to local streets and can therefore not be expected to formulate a
detailed agreement to mitigate those impacts.
PAM C 17.19.05 O( C) requires all PRDs to provide for continuous and perpetual maintenance
of common open space, common recreation facilities, private roads, utilities, parking areas
and other similar development within the boundaries of the PRD in form and manner
acceptable to the City.
P AMC 17.19 .090( G) requires that an applicant for a PRD submit "Preliminary elevation and
perspective drawings ofprojects structures" which provide the City and the neighbors with
a degree of surety as to the design, look, and feel of a PRD where typical lot sizes and
setbacks are likely to be reduced.
A revised site plan for the PRD shows a total of 4. 7 acres of open space that can be used for
recreational purposes.
Conclusions:
A. The conditions of The Reserve at Valley Creek PRD and Subdivision are consistent with the
Zoning Code, required by the Subdivision Ordinance, and necessary to implement the
Comprehensive Plan.
B. As conditioned, all the necessary public improvements will be installed per the City Urban
Services Standards and Guidelines.
C. As conditioned, the configuration ofthe proposed subdivision lots and street layouts conform
to the desired urban design of the City for the residential developments in outlying areas
where there is no grid street pattern and low impact development standards are allowed. The
curvilinear streets with a 28 foot paved surface and no parking along one side of the streets
reduce stormwater runoff and still provide adequate access for each residential lot.
D. As conditioned, the utility services will be provided consistent with the Urban Services
Standards and Guidelines and the Capital Facilities Element ofthe Comprehensive Plan level
of service standards. Analysis of downstream sanitary sewer capacity has been provided that
indicates no capacity improvements are needed for the additional 147 units of The Reserve
at Valley Creek PRD.
E. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have more than 30 new home sites, one or more of the community areas
shown in the planned residential development and subdivision preliminary plat should be
designed as a children's play area.
F. The small lots proposed for The Reserve at Valley Creek PRD and Subdivision are desired
for the following reasons: 1) the provision of attractive and affordable homes for new
families and other first time home buyers, and 2) the lots satisfy the desired urban design of
the City, except for their small size, which fits the density requirements ofthe RS- 7 zone and
the PRD Overlay Zone.
G. This is not the basic urban land use pattern for the City's lower density single family
residential neighborhoods. The density is much more like a multi-family residential
neighborhood due to the concentration of homes outside ofthe critical areas. The PRD does
provide for a higher density single family development with surrounding open spaces
consistent with the PRD Overlay Zone.
Plannmg CommiSSIOn Mmutes
August 3, 2005
Page 12
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K.
.
N.
P.
R.
H.
The Reserve at Valley Creek PRD and Subdivision provide an alternative residential
development design to the basic single family residential neighborhood and the basic multi-
family residential neighborhood in a manner that is affordable as starter homes for new
families and other first time home buyers. Conditions are recommended that would satisfy
the PRD standards that are not included in the proposal plans.
As conditioned, The Reserve at Valley Creek PRD and Subdivision preliminary plat is
consistent with the Comprehensive Plan and Zoning Code.
As conditioned, The Reserve at Valley Creek PRD and Subdivision preliminary plat is in
conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 P AMC, and the
Washington State Subdivision Act, Chapter 58.17 RCW.
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.
As conditioned, the public interest is served in the preliminary approval of planned
residential development and platting of the subdivision as articulated in the City's
Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision provides
for development of new homes within the City of Port Angeles consistent with the Growth
Management Act and beneficial to the City's tax base.
The final drainage plan must be approved by the City Engineer, and the City's stormwater
drainage standards will require that the proposed development not impact downstream
properties anymore than pre-development conditions. The drainage and erosion control plans
also are subject to the Department of Ecology NPDES permit.
The P AMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter
16.08 Subdivision Regulations allow for variations from standards variations in street
improvements, blocks, lots, and building line setbacks. Conditions are recommended where
certain proposed variation should not be approved due to the small lot design, which allows
for less on-site variation.
A more detailed traffic study that meets the City's expectations will provide a basis for
evaluation and mitigation of traffic impacts.
As conditioned, the City will be assured that common space areas located in the PRD will
be provided with adequate maintenance.
As conditioned, the inclusion of specific building design or the use of design guidelines, the
City will be able to control the look and feel of the structures in the PRD by the strict
application of the designs or guidelines at the time building permits are issued.
The revised site plan for the PRD provides adequate area for common usable open space,
half of which is usable for recreation purposes.
I.
J.
L.
M.
O.
Q.
The motion was seconded by Commissioner Kidd and passed 5 - 1, with Commissioned
Kalish voting no. Commissioner Kalish stated that the traffic conditions are insurmountable
regardless of any action the developer may take and that the developer cannot be required to do all
that is necessary to remedy the traffic situation in the area.
Chair Rasmussen then questioned Commissioner Kalish if other developments in the area
are brought forth, would she then also vote in opposition to those developments. Commissioner
Kalish indicated that ifthe situation in the area were to change then she would be able to support
.
Planmng CommiSSIOn Mmutes
August 3, 2005
Page 13
. further development proposals. She further stated that it would be incumbent upon the City to come
up with a plan that included a time line for street improvements and unless that happens then the
situation will continue to deteriorate. Chair Rasmussen agreed with Commissioner Kalish's
comment but added that he is optimistic with this recommendation that Council will see the gravity
of the situation and come up with a solution.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
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~Yri(1<~
Mar Madsen, Secretary
The meeting adjourned at 9:40 p.m.
PREPARED BY: S. Johns
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· ~ORTANGELES
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