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HomeMy WebLinkAboutMinutes 08/28/2008 . I. II. III. IV. . ~ORTANGELES WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street August 28, 2008 6 p.m. Special Meeting CALL TO ORDER Pledge Of Allegiance ROLLCALL APPROVAL OF MINUTES: Regular meeting of August 13, 2008 PUBLIC HEARINGS: CONDITIONAl, USE PERMIT "--: CUP 08-03 - BUSSELL, 427 WesLFifth Street: Request for an accessory residential unit (ARU) in the RS-7 Residential Single Family .lone. (Public hearing continued from August 13,2008.) SITE COVE-RAGE LIMITATIONS - City wide: CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT: Consideration of the imposition of site coverage limltations in association with State stormwater management dictates. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMM ISSIONERS John Matthews (Chait), Doc RClss (VICC Chalt),Wernel BClel, MIke Caudill, John S111lth, TI111 Boyle, onc vacancy PLANNING S r AFF Nuthul1 West, Deputy DnectOJ, Suc RohcJ(ls, PJal1nll1g MunugeJ, Scott .Iohl1s, AssocIate Plannel, Dan 81UlzIk, Assl~tant I'I.Inl1cl . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 27, 2008 6:00 p.m. ROLL CALL Members Present: John Matthews, Werner Beier, Mike Caudill, John Smith, Doc Reiss, Tim Boyle Members Excused: One vacancy Staff Present: Scott Johns, Nathan West, Sue Roberds, Terri Partch Public Present: James Bussell, Alma Chong APPROVAL OF MINUTES Review of the August 13, 2008, regular meeting minutes was continued to later in the meeting. PUBLIC HEARINGS Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements with Commission members. All Commissioners responded, for the record, that they had no appearance of fairness or conflict of interest issues with regard to the pending public hearing matters. Chair Matthews opened the public hearing. Chair Matthews indicated that those who testify must sign the "Sign In Log" and affirm that their testimony will be truthful to the best of their knowledge. CONDITIONAL USE PERMIT - CUP 08-03 - BUSSELL. 427 West Fifth Street: Request for an accessory residential unit (ARD) in the RS-7 Residential Single Family zone. (Public hearing continued from August 13, 2008.) Assistant Planner Scott Johns reviewed the staff report recommending approval of the conditional use permit with conditions, and responded to brief questions from the Commission. Mr. Johns noted that the current property owner did not know that the single family structure had been converted without the benefit of appropriate permits. When he learned of the discrepancy, he applied for the necessary permits to legalize the conversion, beginning with the conditional use permit. Chair Matthews opened the public hearing. Jim Bussell, 175 Diamond View Drive, Port Angeles, WA confirmed that he did not realize that the structure had not been legally converted when he purchased the property several years ago. The site has served as a two residency use for at least twenty years, and he would like to obtain the necessary permits to legalize the situation. Current plans are to separate the electric service and upgrade the interior to maintain the units in a reasonable manner. No exterior or access changes are planned. . . . Plannzng CommISSIOn MlI1utes August 27,2008 Page 2 There being no further testimony, Chair Matthews closed the public hearing. Commissioner Beier moved to approve the conditional use permit citing the following conditions, findings, and conclusions: Conditions: 1. Separate electrical meters are required for each dwelling unit. Addressing for each dwelling unit shall be clearly identified as 427 and 427Yz West 5th 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. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Driveway and site access shall be constructed to the City's Urban Services and Standards Guidelines. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 08-03 dated August 13,2008, 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 Plannmg Commission hereby finds that: 1. 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. 2. Jim Bussell submitted a conditional use permit application for an accessory residential unit on July 14, 2008. The applicant owns the subject property. 3. The proposed site is legally described as Lot 14, Block 185 of the Townsite of Port Angeles, is located at 427 W. 5th Street, and contains 7,000 square feet in area. 4. The site is zoned Residential Single Family (RS-7) and Public Buildings and Parks (PBP). 5. The City's Comprehensive Plan was reviewed for consistency with the proposal. The Comprehensive Plan Land Use Map designates the site as Open Space. Adjacent designations are Low Density ReSIdential. The site is located in the City's North Central Planning Area. The subject site is located on the north side ofW. 5th Street east of Pine Street. Development in the neighborhood includes predominately single family . . . Plannmg CommISSIOn Mmutes August 27,2008 Page 3 residential uses. The nearest multi-famIly use can be found at the intersection ofW. 8th and Cedar Street, 1,500 feet north of the site. 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. The site has operated as an unpermitted duplex for several years with no complaints. When the current property owner was made aware of this fact, he chose to correct the irregularity. 8. Site access must comply with the City's Urban Services and Standards Guidelines. 9. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on July 25,2008. Public notice was mailed to property owners within 300 feet of the subject property on July 21,2008. The site was posted on July 21, 2008. No comments were received as a result ofthe public notice period. 10. A Determination of Non-Significance was issued for this proposed actIOn on August 6, 2008. 11. The Planning Commission conducted a public hearing on the proposal at the August 13, 2008, regular meeting. Conclusions: Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 08-03 dated August 13,2008, 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. 2. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2 and C.2, Housing Element Goal A and Policies A.6 and B.6, and Transportation Element Policy B.14. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050 and with P AMC 17.10.040 with regard to development standards of the RS-7 zone for the development of Accessory Residential Units identified in 17.1 0.040(A) P AMC. Conversion of the structure to an accessory residential unit will not negatively impact the surrounding neighborhood as no change in development is anticipated from what has existed for over 20 years. As conditioned, the proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance ). The use is in the public interest as it allows for a variety of housing opportunities, as prescribed in the Comprehensive Plan and zoning ordinance. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. 3. 4. 5. 6. 7. Commissioner Boyle seconded the motion, which passed 6 - O. . . . Planmng CommiSSIOn Mmutes August 27,2008 Page 4 APPROVAL OF MINUTES Following correction by Commissioner Reiss as to members present at the August 13th meeting, Commissioner Caudill moved to approve the August 13, 2008, minutes as corrected. The motion was seconded by Commissioner Boyle, and passed 6 - O. SITE COVERAGE LIMITATIONS - City wide: CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT: Consideration of the imposition of site coverage limitatIOns in association with State stormwater management dictates. Associate Planner Scott Johns presented the Department report recommending that site coverage limitations be adopted for each zoning classification within the City. The amendments are intended to aid in compliance with state mandated stormwater rulings. Following analysis of existing site coverage condItIons within the City of Port Angeles, and review of such development regulations of other similar municipalities within the State, staff is prepared to recommend amendments to each zone that will regulate the amount of impervious surface that can be developed. A site coverage limitation of 20% to 30% above maximum lot coverage is suggested for most City zones. Additionally, RMD, RHD, and Commercial zones are likely to require higher site coverage than RS-9 and RS-ll due to development needs. With the exception of the CN and CO zones, commercial and industrial zones are not part of this analysis or proposal at this time. Proposed amendments specifically exempt pervious paving systems from site coverage limitations. A SIte coverage bonus (up to 10%) is built into the proposed amendment for projects in the RHD or RMD zones that can either achieve the maximum density of the respective zone, provide affordable housing under the state guidelines of affordability, or for projects that can certify that functioning, on site pervious paving systems are being used. Mr. Johns provided a visual display comparing permitted lot coverage and proposed site coverage result comparisons. In response to Commissioner Beier, staff responded that existing lot coverages in the RMD zone are much lower than expected due to the fact that many RMD zoned properties are built out with smgle family residences rather than multiple family developments. Techniques were discussed to encourage and achieve site coverage bonuses. Commissioners Beier and Matthews questioned whether proposed site coverage allowances might be too generous. Staff stated that proposed percentages are somewhat arbitrary but, given the City's traditional development patterns and the trend that is being set in other mUnIcIpalitIes surveyed, proposed thresholds appear to be a good starting point. The Commission continued discussion relative to potential results of a 60% site coverage threshold in RS-7 and RS-9 residential single family zones. Community and Economic Development Director West responded that significant staff time has been put to analysis of a reasonable site coverage threshold. Reference was made to a table identifying comparative mformation from other communities of similar size and relative topography to Port Angeles, and staffs analysis of what an average development entails, including driveways, sidewalks, decks, and any other impervious surface potentials. Commissioners Beier and Reiss argued that staffs proposed site coverage thresholds appear to be excessIvely generous particularly given the mandates to control stormwater runoff and given the amount of creative material options currently available on the construction market . . . Planmng CommiSSIOn Minutes August 27,2008 Page 5 that result in the development of usable pervious surfaces. After lengthy discussion, it was generally determined that 50% is a reasonable site coverage limitation for RS-7 and RS-9 residential single family zones (RS-7 and RS-9). Commissioners Reiss, Beier, Smith, and Boyle agreed that 50% site coverage is very generous particularly given that the City's current development pattern identifies a maximum site coverage of 52%. Commissioner Caudill stated that, on general principles, he would prefer that site coverage be proposed at a higher threshold. Engineer (City of Port Angeles) Terry Partch stated that the more on site water infiltration that can be achieved, the better. The City is currently under mandate to control site runoff volume; regulations as to what runs off a site is forthcoming. Planner Johns reminded the Commission that definitions are also proposed in conjunction with site coverage regulations and further explained site coverage bonus options. If site bonus is permitted based on an affordable housmg component, that component must remain for the life of the project/development. Staff responded to Commissioner Caudill that adjacent sidewalks within a public right- of-way are not counted against a private property. The Commission began discussion as to what mechanisms could be used to ensure that if a bonus density is given based on a mechanism such as an affordable housing component, that the specific component is retained for the life of the project/development. It was determined that the wording "in perpetuity" may be too restrictive. Definitions change, ownerships change, etc. It was determined that a method must be established to ensure that if a project is granted a bonus density, that the project/development remains in compliance such that the requirement follows the line of title and is identified therein. Discussion regarding the merits and pitfalls of recording such an agreement with the title ensued but it was generally agreed that a note to title would be the most certain method. Attorney Heidi Greenwood participated in a general discussion with Commissioners regarding some of the potential pros and cons of recording a requirement that would run with the life of a project/development. Chair Matthews opened the public hearing. There being no one present to speak to the matter, he then closed the public hearing. The Commission continued to discuss the matter freely with staff. Commissioner Reiss moved that the Commission forward a favorable recommendation to the City Council to amend the Port Angeles Municipal Code as outlined in the August 28, 2008, Department Report but amended to allow only 50% site coverage for the RS-7 and RS-9 zones. The motion was seconded by Commissioner Beier and passed 5 - 1, with Commissioner Caudill voting in the negative. CommIssioner Caudill noted that his only objection was that he did not agree that a notice to tItle should be required. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Staff noted that Council will conduct a public hearing on the site coverage amendment proposal at its regular Sepember 16th meeting. . . . Planning CommissIOn Minutes August 27,2008 Page 6 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 8:40 p.m. ~L~~ .--- Sue Robe , Secretary PREPARED BY: S. Roberds · ~ORTA.NGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: ~ Jd-.@Jo g / ' 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. NAME: ADDRESS: Agenda Item No. ~ ~a-~ P6 2S? 2 rA ~f(Lli, rtf/I /15 j)/4/Jf#1JJ tiM /Jy /,1- V v I I I ,