HomeMy WebLinkAboutMinutes 09/23/2009)ORT a NGELE'S
W A S H I N G T O N U S A
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 23, 2009
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance Led by the Chair
II. ROLL CALL
III APPROVAL OF MINUTES: Regular meeting of September 9, 2009
IV. PUBLIC HEARINGS:
1. PRELIMINARY SUBDIVISION LAUREL ESTATES —123 W. Ahlvers Road:
Subdivision of approximately 5 41 acres into 10 residential building sites in the RS -9
zone.
2. INFILL OVERLAY ZONE MALONEY HEIGHTS 2400 Block 16th Street,
between 16 and 18 Streets and between "N" and "0" Streets: A subdivision of
approximately 3.02 acres in the Residential Medium Density zone into 14 single
family residential building sites and 1 28 -unit apartment structure.
3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03
CITY OF PORT ANGELES MARINE PARK: Proposal to establish a marine park
in the Public Buildings and Parks and Industrial Heavy zone along Ediz Hook in the
Port Angeles Harbor (This item will be continued.)
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS. Doc Reiss (Chair), John Matthews (Vice Chair), Wei nej Beier, Me Caudill, run Boyle, Carla Sue, Nancy Powers
PLANNING STAFF' Nathan West, Director, Sue Roberds, Planning Manager; Scott Joins, Assoc lak Planner; Roberta Korcz, Assistant Planner.
ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 23, 2009
6:00 p.m.
Members Present: John Matthews, Werner Beier, Doc Reiss, Tim Boyle,
Nancy Powers
Members Excused. Carla Sue, Mike Caudill
Staff Present. Scott Johns, Nathan West, Heidi Greenwood, Steve Sperr,
Sue Roberds
Public Present:
Richard Chambers, Patsy Feeley, Rob Tulloch, Kathy
Wahto, Steve Zenovic, Amee Barton, J Puff, Robert and
Deane Reidel, Brad Collins, Rick and Justin Blank, Dan
Flynn, Kent Robinson, Joseph Hofrichter, Leo Lopez,
Jessica Hunt
APPROVAL OF MINUTES
Approval of the September 9, 2009 minutes was continued to the October 14 regular meeting.
PUBLIC HEARINGS:
Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements.
Following review of the questions, all Commissioners responded for the record that they had no
appearance of fairness or conflict of interest issues with regard to the pending application.
PRELIMINARY SUBDIVISION LAUREL ESTATES 123 W. Ahlvers Road:
Subdivision of approximately 5 41 acres into 10 residential building sites in the RS -9
zone.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
subdivision with conditions. He responded to a question from Chair Reiss regarding whether
stormwater runoff from the site could pose any issues by responding that stormwater runoff will
be handled through proper construction methods. No excessive runoff currently occurs on site,
however, the site is largely undeveloped.
City Engineer Steve Sperr added that site development will include an upgrade in the
stormwater system from its existing substandard piping. Mr Sperr also responded to
Commissioner Powers regarding the need for 30' of right-of-way dedication along the south
property line for future development of Ahlvers Road. The right -of -way dedication will ensure
that if properties to the west develop, or if there is a service need in the area, the right -of -way
Planning Commission Minutes
Sep(ember 23, 2009
Page 2
will be available although there is no requirement to develop the right -of -way at this time, just
dedication of the property for future use. The property owner immediately west of the subject
site dedicated 30' during the development of the site several years ago. It was not possible to
obtain a 30' dedication along the frontage of the more recent subdivision to the south of the
subject site due to the location of a wetland along the property line. However, the proposed
dedication will result in approximately 50' of right -of -way in the area that will be adequate for
future right -of -way needs.
There being no further questions, Chair Reiss opened the public hearing.
Kent Robinson, Northwestern Territories, Inc., 717 South Peabody represented the applicant
and generally agreed with the staff recommendation with the exception of the request for
dedication of right of way along the south property line. Speaking for the property owner, he
noted that the property owner would prefer to wait until Lot 10 is further developed before
dedication of right -of -way along the south boundary of the site. Lot 10 is the only lot that
accesses what would be the extension of Ahlvers Road, which is the right -of -way the dedication
is being requested to complete.
Joseph Hofrichter, 123 West Ahlvers Road, the property owner, said if the City would move a
utility pole at the southeast corner of the subject property, he would willingly dedicate the 30' of
right -of -way, but if the City is not going to move the pole, he doesn't want to dedicate the right
of -way
There being no further questions or testimony, Chair Reiss closed the public hearing.
The Commissioners began discussion as to Lot 10, as the drawing identified it as "Future Phase
2 not Lot 10 Staff noted that, while the drawing identifies the property as "Future Phase 2
there is nothing to compel the division of the lot once it's been subdivided and as the area is part
of the parent parcel, it has to be identified as a lot if the remaining property is divided. While the
property owner has indicated he would like to defer right -of -way dedication to a future phase,
that future development may not occur, and the right -of -way would then never be obtained. The
Port Angeles Municipal Code indicates that rights -of -way will be dedicated at the time of
development. The applicant is not being asked to develop the right -of -way, just to dedicate it in
the event it is needed for future development of Ahlvers Road for access purposes west of the
subject property
In response to Commissioner Boyle, Engineer Sperr answered that ecology blocks were chosen
as a construction material by the property owner and his engineer during clearing and grading of
the site in preparation for future development.
Following continued discussion regarding the need to obtain right -of -way along the property's
southern boundary for future street improvement, Commissioner Powers moved to approve
the subdivision with 10 conditions of approval, citing the following findings and conclusions
in support of that action:
Conditions:
Planning Commission Minutes
September 23. 2009
Page 3
1 The interior street shall be dedicated and constructed per the City's Urban Service
Standards and Guidelines (USSG), which includes a 34 -foot paved width street with curb,
gutter, and sidewalk placed on both sides of the street. The cul -de -sac diameter shall be
100' per the Urban Services Standards and Guidelines.
2. Laurel Street shall be improved per the City's urban service standards, which includes
20 -foot paved width with curb, gutter and 6 -foot wide sidewalk adjacent to the curb
allowing for a 4 -foot minimum clear space at the existing power poles.
3 Fire hydrant location shall be as required by the City Fire Department to a maximum
1000' of separation distance.
4 Electric utility service shall be underground.
5 Prior to final plat approval, water service shall be extended to the lots as required by the
Public Works and Utilities Department with an 8 inch main.
6. Stormwater improvement plans shall be submitted for approval per the City's Urban
Services Standards and Guidelines and made prior to final plat approval.
7 Sanitary sewer shall be extended to the new lots as required by the Public Works and
Utilities Department from Laurel Street and shown on the preliminary plat, including;
An 8 inch main constructed from the existing 8 inch main within the Laurel Street
right -of -way to the interior of the development,
A manhole installed at the connection to the existing main and at the end of the
extension. Connection of service lines directly to a manhole will not be allowed.
A 20 -foot wide easement for maintenance and operation of the sewer main extension
in favor of the City will need to be provided and shown on the plat if not located in
dedicated public right -of -way
Dedicated service lines shall be provided to serve each lot. Dual service lines will not
be allowed.
8 Building setbacks shall be identified on the final plat and address numbers provided by
the Building Division placed on the lots.
9 Thirty (30') foot of right -of -way along the south boundary of the property shall be
dedicated to the City
Findings:
1 Application was made for a subdivision of an approximately 5 4 acre site into 9 new
residential lots and 1 existing site by Northwestern Territories, Inc., on behalf of Joe
Hofrichter on July 21, 2009 The site location is 123 West Ahlvers Road.
2. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions. RCW 58.17
3 The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land 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
Planning Commission Minutes
September 23, 2009
Page 4
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.
4 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 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.
5 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments
reviewed the proposed subdivision. Their comments have been incorporated into the
Department's recommendation for approval of the subdivision.
6 The subject property is designated asLow Density Residential on the Port Angeles
Comprehensive Plan Land Use Map Low Density Residential development may contain
up to 7 units per acre per the City's Comprehensive Plan.
7 The proposal has been reviewed with respect to the goals and policies and objectives of
the City's Comprehensive Plan. The following Comprehensive Plan policies are found to
be most relevant to the proposal. Growth Management Element Goal A, Land Use
Element Goal A, Policy A.2, Goal B, Policy B 1, B.2, B.3, and B 4, Goal C,
Transportation Element Goal A, Policy A.3, A.6, and B 11, Utilities and Public Services
Element Policy C.2, Capital Facilities Element Goal A, B, Policy B.1, B.3, B 4, B.5, B 6,
B.7, C.2, C.3, C.4, and C.5
8 The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element Policy A.9).
9 The City's Comprehensive Plan (Land Use Element Policy B.3) states that development
should be designed to further the grid system pattern. Preliminary approval can be based
upon the dedication of right -of -way to ensure compliance with the policy
10 The subject property is identified by the Port Angeles Zoning Map as RS -9, which allows
a density of up to 4 84 dwelling units per acre. The proposed drawing indicates that each
lot in the proposed subdivision will be at least 9,000 square feet in size
11 The site is currently served by Laurel Street and Ahlvers Road which are classified as
collector arterials but which are not designated school walking routes nor designated
bicycle routes. Transit service is available at the intersection of Laurel Street and Ahlvers
Road.
12. There are no environmentally sensitive areas on the site. The portion of the site to be
subdivided into homesites has been graded level through a clearing and grading permit
issued by City and supported by engineering documentation as to the work performed.
The site is not considered a frequently flooded area as it is not listed on the Federal
Emergency Management Act (FEMA) maps which denote those areas that are in 100
year flood areas.
13 Building permits are required for all structures on the completed sites. All local building
and Fire Codes shall be complied with during construction. The site is located within the
City's four minute emergency response area and residential sprinkler systems are not
required.
14 The Port Angeles School District has been notified of the development to allow them to
plan for needed public school facilities and routes. The School District has previously
reported that enrollments are lower than expected.
15 The City's Parks Department has 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.
16. All utilities including potable water, sanitary waste. and refuse collection are available in
the area.
Planning Comm,ssum Minutes
September 23, 2009
Page 5
17 Transportation issues such as streets, roads, alleys, other public ways, transit stops, and
drainage ways, 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 have been
reviewed with respect to the proposal. The City's Police, Fire, and Public Works and
Utilities Department are prepared to serve the site in the provision of needed services.
18 Utilities required to be extended to the subdivision to serve new lots must be developed
to USSG and Comprehensive Plan minimum service requirements.
19 The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance, DNS 41251 on September 16, 2009, therefore satisfying the City's
responsibility under the Act.
20 Improvements to Laurel Street will be required such that the final roadway isimproved to
a width of 20' with curb and a 6' sidewalk on the west side per the City's Urban Services
Standards and Guidelines.
21 Dedication of a 30 -foot strip of land along the south side of the property abutting Lot 1
for the extension of Ahlvers Road will provide adequate city access to properties to the
west of the site and provide access to future development in the area that requires access
from Ahlvers Road.
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 of the proposed subdivision to the
general purposes of the City's Comprehensive Plan and to planning standards and
specifications adopted by the City
23 The location of existing utilities, both overhead and underground, and required
improvements to Laurel Street limit the area in which street trees can be located,
therefore the requirement for street trees is waived for this subdivision.
24 The property owner has not asked to place a subdivision sign on the site. If one is
required, such request may be made during the subdivision process.
22.
Planrmg Conim, Ahm tes
September 23, 2009
Page 6
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan and Zoning Code.
B As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance,
Chapter 16 08 PAMC
C. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare as is required by the Washington State Subdivision Act Chapter 58 17
RCW
D 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 Boyle and passed 5 0.
Chair Reiss re opened the public hearing in order to address the issue of a monument sign for the
subdivision that had been mentioned during the staffs report. Planner Roberds noted that the
City's Subdivision Ordinance allows that if a sign is desired, such should be addressed through
the subdivision process as signs are not generally permitted in residential zones.
Commissioner Powers moved to allow a monument sign consistent with City sign standards
if the proponent decides he would like to identify the subdivision. The motion was
seconded by Commissioner Beier and passed 5 0.
Citing an Appearance of Fairness issue, Commissioner Beier left the meeting at this point. Chair
Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements with the
remaining Commissioners. Following review of the questions, remaining Commissioners
(Powers, Reiss, Matthews, and Boyle) responded for the record that they had no appearance of
fairness or conflict of interest issues with regard to the pending application.
INFILL OVERLAY ZONE MALONEY HEIGHTS 2400 Block 16 Street,
between 16 and 18 Streets and between "N" and "0" Streets: A subdivision of
approximately 3.02 acres in the Residential Medium Density zone into 14 single
family residential building sites and one 28 -unit apartment structure.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
Infill Overlay Zone (IOZ) with conditions.
Planner Johns and City Engineer Steve Sperr clarified that the City is not asking for an
additional dedication of right -of -way but is requiring an improvement of the 16 Street right -of-
way
Commissioner Powers noted that the IOZ is intended to create a residential neighborhood of
higher quality than what would be achieved by standard subdivision development. She asked
how this development meets that test. Planner Johns responded that residences will be modest
with homes intended for ownership by persons in an attainable wage income. The application
provides designs for three houses that will provide some level of expected quality He responded
Planning Commission Minutes
September 23, 2009
Page 7
to Commissioner Boyle that although there are not shopping opportunities in the close vicinity,
public transit is available along 18 and "N" Streets that will ensure those without their own
transportation can travel to needed areas for supplies. There being no further questions, Chair
Reiss opened the public hearing.
Richard Chambers, Executive Director for Habitat for Humanity, 617 Malletti Hill Road
thanked the City for its cooperation in putting the application process together The overall
project is a significant development for both Serenity House of Clallam County and Habitat for
Humanity with commitments from the Housing Trust Fund of nearly $2.5 million. The final
development will provide 42 units of development. The project is expected to be complete
within two years. Funding will provide on site infrastructure and 16 Street improvements east
of the site. Initial site development will include infrastructure improvements, construction of the
apartment structure, and two of the single family residential homes within the first two years.
Build out of the entire site will occur within a six year period.
Mr Chambers questioned proposed Condition 10 of staffs recommendation. He explained the
series of grant applications that had been submitted that included improvement to I6`h Street.
Funding for such a large project, specifically for some of the infrastructure that was not directly
associated with the project was not approved. Funding has been committed by both the City and
the State in providing funds for improvement of 16 from the site east to the improved area of
16 Street that exists west of "N" Street. He wanted to be clear that the City has been consistent
that requirements will be imposed to complete the transportation corridor along 16 Street and
they have been equally clear that they do not believe that improvement is their responsibility
Traffic from the apartment building will use 18 Street. The impact to 16 Street will be 14
additional homes. He believes that traffic from the site will not flow to the west but will be
funneled to the east and asked where the Municipal Code standards require more than one access
to the site. He believes that the responsibility for completion of the street to "0" Street should be
the responsibility of those residences bordering on that portion of the street.
All issues have been addressed with the exception of the improvements to 16` Street
transportation corridor He noted that only 27' of 16 Street to the east will be required, where
the staff report identifies 30' [Staff agreed]. He asked that Condition 13 be corrected to ensure
that 30% of housing units constructed be attainable in perpetuity [Staff agreed this change
should be made.] The finished project will result in 66% of attainable wage residents.
In response to Commissioner Matthews, Mr Chambers responded that when the houses are
completed, the resident will own the house with Habitat for Humanity being the bank until that
time. The houses are on average 1100 square feet, three bedroom, without garages. Exterior
finishes are pretty interesting architecturally with changes in rooflines and porch lines.
Kathy Wahto, Executive Director of Serenity House of Clallam County, 1232 West 9'
Street wanted to address some issues regarding the proposed use. The fence, as shown on the
development plan, is proposed because the single adult shelter operated by Serenity House was
required to have a fence. The fence will define and enforce the intent that residents of the 28-
unit apartment use will orient their activities toward the provided area that includes open space,
and will use the transit service provided on 18` Street. Fewer than 5% of the residents of the
apartment use will have cars. The population of the apartment unit will include homeless
Planning Commission Minutes
.September 23. 2009
Page 8
veterans and special needs chronically homeless residents. Quality could mean the visual appeal
of a house or it could mean access for many types of people including special needs, low income.
All structures will be built to a green standard. Services that will be available to the apartment
use will include people to be there to help then 24/7 These things all contribute to quality The
only measurement of quality should not be cost. The proposed apartments are permanent
housing. Residents will have leases. The single adult shelter has a 90 day stay restriction.
In response to Chair Reiss, Ms. Wahto responded that if the 14 parking spaces created for the
apartment use are found to not be satisfactory to support the apartment use, additional parking
will be made available on the adjoining Serenity House shelter site. The Serenity House shelter
site currently contains 26 paved parking spaces that are rarely all occupied. There is space
available along the southeast side of the shelter where additional spaces could be developed if it
is found that the proposed 14 parking spaces are not adequate to support the site's parking needs.
Rob Tulloch, 829 East Eighth Street is a Board member of Habitat for Humanity He
supported what the previous two speakers said and reiterated that there is no funding to complete
the 16 Street transportation corridor to "0" Street for this project. He did not believe traffic
impacts from the site will require improvements to the west of the development.
Amy Barton, 2207 and 2209 West 16 Street did not oppose the development. She thanked
staff and the applicants for trying to answer questions and working through this matter with her
She appreciated the respectful nature that has always been present, but neither meetings nor
discussions have resulted in concerns being addressed. Neighbors are concerned about the
impact on their neighborhood of additional multiple family housing in the area. Neighbors are
concerned with the traffic and the higher density The neighborhood experiences unacceptable
activities including her mother's home has been egged three times in the past month graffiti,
and loitering in undeveloped areas. The walking path in the area is not solid surface and is
becoming weedy and no one can maintain it because of stormwater issues. Additional traffic
will be directed to "N" Street and there are no sidewalks, only weedy, gravel walkways with
ditches. Fairchild Heights is a problematic apartment development. The population of the
proposed apartment structure is a vulnerable population. Residents of Fairchild Heights will take
advantage of those residents. She was glad that fencing is proposed.
Rick Blank, 2215 West 16 Street lives across the street from the proposed development site.
To say that 16` Street is not heavily trafficked now is a joke. It is very heavily trafficked all day
long. He and his neighbors are not NIMBYs. They knew of the development in the area before
they bought. He felt that to develop 14 single family residences into a heavy multiple family
developed area without garages will not result in a safe neighborhood. Fle had no problem with
standard sized residential lots that could support residential activities but a reduction of lot size is
not a good plan and will result in too dense a development. There's going to be a great deal
more cars and children in the area without meeting their needs. The single family development
will cause a decrease in property values due to its difference from those single family uses in the
neighborhood. Sites are too small to support normal residential activity There's no place for
children. Children currently regularly play in the woods next to his house.
Dan Flynn, 2207 West 16 Street was concerned that there is a higher call for Police services
in the area than is acceptable. City Police records indicate that there have been 45 reported calls
/'lannmg Comnun,on A lines
September 23, 2009
Page 9
on 16 Street and 30 calls on 18 Street since January l of this year Too many exceptions to
the rules are being made in this development including smaller lots, size of cul de sac, Icss
parking, little open space, no playgrounds. Police are always cruising the area at night to see
what they can. It is a high crime area and the intended population may add to certain service
response needs. He appreciated the vision of Habitat for Humanity but wondered if this is a good
area for the development.
There being no further testimony, Chair Reiss closed the public hearing and called for a 10
minute break. The Commission reconvened the meeting at 8 15 p.m.
Commissioner Powers asked staff to comment further on the requirement to develop property
beyond the proponent's boundaries. Community Economic Development Director Nathan
West stated that it is required practice to carefully examine the overall traffic impacts of a
development and that careful analysis be given to potential access routes that are affected by the
development.
In response to Commissioner Powers, City Engineer Steve Sperr commented that the City has
applied this analysis in other reviews. A traffic impact analysis could be prepared. A
development on Campbell Avenue by Green Crow required off site improvements, The Reserve
at Valley Creek paid into a sidewalk development fund, and the Walker Subdivision required
participation in off site improvements. When reviewing a development of this type it is
important to consider impacts that will result from full site development in a careful manner In
lieu of a full traffic impact analysis for this site, the City anticipated the increase in density
caused by the Infill Overlay Zone proposed and determined that the transportation corridor
should be improved to accommodate the increase in traffic use. A traffic impact analysis could
be required if that method of analysis is desired rather than relying on staff's analysis. The
proposed development to "0" Street is not a full street standard, even though this is the
Residential Medium Density zone.
Commissioner Powers asked if Planning staff has considered a lower density to allow for more
open space and residential area? Associate Planner Johns answered that staff have worked with
the proponent for more than a year on this project and a requirement has been that density should
be maximized given the RMD zoning of the site,
Chair Reiss asked if it would be an issue to reduce lot density to allow more common space.
Director West responded that under the Washington State Growth Management Act, the City
has a responsibility to maximize the density within the City limits. We have few high and
medium density zoned areas throughout the City, so its staffs responsibility to ensure that those
areas are developed to maximize density whenever possible. That's the intent of the IOZ.
Local Improvement District (LID) regulations were discussed following questions from
Commissioner Reiss.
Condition 13 was discussed and it was agreed that wording should indicate that 30% of the
housing units must remain attainable in perpetuity
Planning Comnuss,on Minutes
September 23, 2009
Page 10
Planner Johns noted that Habitat for Humanity cannot build garages, only residences. Transit
and bus routes in the area circulate from "N" Street along 18` Street to Butler, east on 16` to
"0 south on "0" Street to 1 g` Street. He noted that children from the development will go to
Hamilton School District. Hamilton School District busses pick up north of the site at 14 and
"N" Street. If 16 Street connected to "0" Street, students could be picked up along "0" Street
at 16 rather than north of the site.
Chair Reiss reopened the public hearing and asked Mr Chambers to come to the podium. He
stated that the City is charged with ensuring that development impacts are adequately addressed
and that acceptable standards are prescribed by City development standards. He asked if there is
a mechanism to be used to ensure that development impacts expected by staff are addressed that
will work for the proposed development.
Richard Chambers, Executive Director for Habitat for Humanity, 617 Malletti Hill Road
responded that Director West has talked about a couple of future options to assist with funding
for improvements but this project must be completed by 2011 due to restrictions that have been
placed on the CDBG grant funding the infrastructure improvements. That timeline would likely
not work for cooperative future finding opportunities. Habitat understands the City's concerns
and that it would be a good thing to complete the transportation corridor, but if Habitat has to
pay for the improvements, four houses could not be built until the funds could be recouped.
Chair Reiss asked Steve Zenovic if it is possible to develop 16 Street to a standard that will be
acceptable to the City and will serve the development impact.
Steve Zenovic, Zenovic and Associates, 301 East 6th Street responded that improvements cost
what they cost. The imposition of approximately 700' of road improvement is a significant cost.
He did not believe that off site improvements to "0" Street are reasonable in this matter He
believed that the City already has enough no protest signatures to force an LID in this matter, but
that would make everybody unhappy He believes that development along the property frontage
to the east is a reasonable condition.
Mr Chambers noted that funding is not an issue for development along the site frontage to the
east in the manner prescribed by the proposed conditions of approval.
Leo Lopez, 2440 Arbutus asked what an LID (Local Improvement District) is. Planning
Manager Roberds stated what an LID is and briefly how such a mechanism works. Chair Reiss
directed Mr Lopez to discuss LID formations and responsibilities with staff at a later time. Mr
Lopez agreed with a previous speaker that a good amount of vandalism and loitering occurs in
the neighborhood from the Fairchild Heights apartments. The site proposal will result in a
tremendous density for the area and there aren't places for children and young adults to recreate
other than two undeveloped lots in the neighborhood. It is unfortunate that no garages will be
constructed.
There being no further discussion, Chair Reiss again closed the public hearing.
Director West noted that unfortunately, nothing in the Municipal Code allows that financial
hardship to be considered in land use decisions. Staff has spoken with the applicant about
Planning Commssmn dlmnfes
Sep'emher 23, 2009
Page 11
alternatives to requirements for off site improvements relative to traffic impacts from the use,
most notably an opportunity to provide a traffic impact analysis to specifically demonstrate what
improvements are needed. A phased development aproach was discussed. Fencing is a self
imposed requirement. All units could access onto 10 without the fencing as designed.
City Engineer Sperr noted that he wants this project to work. And, he wants it to work without
causing an unacceptable impact to utilities and adjacent streets. There has been a significant
amount of discussion with the applicant over the past year regarding development requirements.
A lot of on site improvement standards were modified to allow the project to function in an
acceptable manner to the residents but they are less than typical City standards. Because of the
specific development review that were part and parcel of the project, concessions have been
made to ensure a reasonable development while not requiring standard on site improvements.
However, anticipated off site impacts and potential neighborhood impacts must be addressed in a
more standard manner because the existing neighborhood isn't party to the on site development
agreements and those off site impacts are not negotiable. The best way to ensure low off site
impacts from the development is to complete this transportation corridor
In response to Commissioner Powers as to potential phasing. Director West stated that potential
phasing could involve improvement following a certain number of units until both the roadway
improvements and entire development is complete.
In response to Commissioner Matthews, City Engineer Sperr said that the applicant would hire
an engineer to perform a transportation analysis that addresses a number of items necessary to
such a study prescribed in the Port Angeles Municipal Code.
Commissioner Matthews moved to recommend approval of the Maloney Heights Infill
Overlay Zone and approve the parking variance with 14 conditions, 36 findings, and 5
conclusions as follows:
Conditions:
1 The interior street identified as Habitat Court shall be sized to accommodate solid waste
collection vehicles such that no backing up is required.
2. Signage shall be placed along the access to Lot 15 leading from 18 Street to the
apartment building indicating that parking adjacent to the curb is prohibited. Curbing
along that access way shall be painted red.
3 Fire hydrant spacing shall be as required by the City Fire Department to a maximum
1000' of separation distance. All structures shall be fitted with residential sprinkler
systems.
4 Electric utility service shall be underground. Cost of 3 -phase power to the apartment unit
will be at the developer's expense. The City will incur the cost of extension of 3 -phase
power from beyond the point of service tol6` Street. The 3 -phase power shall be in the
same trench as the single phase power serving the residential lots. The developer will
coordinate this action with the City's Public Works and Utility Division. Required
easements shall be identified on the final drawing.
Planning Commrs.mon AluMes
September 23, 2009
Page 12
5 Prior to final plat approval, water service shall be extended to the lots as required by the
Public Works and Utilities Department with easements provided on the final plat.
6 Stormwater improvement plans shall be submitted for approval and utilities installed
prior to final plat approval. hnprovements must meet the current version of Chapter 5 of
the Urban Services Standards and Guidelines and Section 13.63 of the Port Angeles
Municipal Code.
7 Sanitary sewer shall be extended to the new lots as required by the Public Works and
Utilities Department with easements identified on the final plat
8. Building setbacks shall be identified on the final plat with address numbers provided by
the Building Division.
9 The applicant shall place a statement on the plat and make it known to all subsequent
purchasers of subject lots that said lots are in the proximity of the William R. Fairchild
International Airport, and that the Port of Port Angeles does not warrant that these lots
will always be outside the lowest noise contour currently established for residential use.
10 No access shall be permitted to lots accessing off Habitat Court until West 16 Street is
developed to City standards. Improvements to 16th Street prior to final plat approval
shall include a 27 -foot wide paved surface (one half width plus 10') with curb and
sidewalk along the entire site frontage extending east to the improved portion of 16
Street west of "N" Street. Improvement to Sixteenth Street west of the property frontage
to "0" Street shall include paving (30'), concrete walkway, and ditches.
11 Fourteen (14) off street parking spaces shall be provided for the 28 -unit apartment
structure, which is a reduction from the required 56 spaces required by Section 14 40 010
PAMC. 'The applicant shall provide monthly parking reports, including counts and
photographs, for the parking areas designated for the 28 -unit apartment building for a
period of one year from the date of occupancy It following the one year review period,
the designated parking areas are inadequate to handle the demand, or adverse impact
from the parking is experienced a parking management agreement shall be entered into
with Serenity House for shared use of existing parking at the shelter location or some
other acceptable remedy may be imposed including the creation of additional parking if
it is determined by the City following the one year review that the significant parking
reduction is inadequate for the use.
I2. Landscaping shall be installed per plans approved by the Director of Community and
Economic Development.
13 The applicant shall provide for a mechanism to ensure that 30% of the housing units
remain attainable in perpetuity and shall provide documentation of such mechanism to
the Director of Community and Economic Development for approval and noted on the
final plat.
14 The applicant shall submit for review and approval by the city CC &Rs that include at a
minimum, but may not be limited to
a. The formation of a homeowners association, or other organization that will
provide adequate oversight and authority for the protection, maintenance, and
Planning Commission Minutes
September 23, 2009
Page /3
operation of communal or joint ownership facilities of the IOZ, including
stormwater and drainage facilities and the management of the landscape features;
b. A proposed set of architectural design elements and /or guidelines to be followed
during construction of all residential structures on the site; and
c. A method of dispute resolution for residents of the IOZ /subdivision.
CCRs shall be submitted for review and approval prior to final of the IOZ.
Findings:
1 On August 7, 2009, Zenovic and Associates submitted an application on behalf of
property owner Habitat for Humanity for development of a site under the City of Port
Angeles Infill Overlay (IOZ) Zone requirements. Site development includes a request for
a reduction of parking requirements for an apartment unit component of the project and a
boundary line with the abutting property owner Serenity House. The IOZ development
proposes to create 15 building sites that will be developed as 14 single family residential
dwelling sites and a 28 -unit apartment structure.
2. A boundary line adjustment was simultaneously submitted with the abutting property
owner Serenity House to adjust the property lines between the Serenity House and
Habitat for Humanity property ownerships that will result in adequate area to allow the
IOZ development.
3 A number of land use decisions can be combined into review of an IOZ. The proposal
includes a boundary line adjustment, parking variance, and variation of development
standards to encourage timely public hearings and decisions to provide for attainable
densities in the Residential Medium Density zone, The IOZ should result in an
environment of higher quality than traditional lot by lot development.
4 The boundary line adjustment will reconfigure the two parent parcels (a total of
approximately 4.3 acre) to provide adequate area for the 1OZ development and to enable
access to the desired site from both 16' and 18` Streets. The boundary line adjustment
will result in two arcels: Parcel 1 3 03 acres; and Parcel 2 1.27 acres. Parcel 1 is
accessed from 18` Street and is a panhandle configuration, Parcel 2 will be accessed
from both 16` and 1 8th Streets. Parcel 2 will then be further resubdivided using the IOZ
standards intol5 lots containing 14 single family residential building sites and 1
apartment site. The boundary line adjustment does not alter any previously established
lots such that a nonconformity is created nor create any additional lots.
5 Chapter 16 08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions.
6 The Revised Code of Washington RCW 58 17 contains the State's guidelines for the
uniform division of land 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
Planning Commpra n AhmUes
September 23, 2009
Page /a
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.
7 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 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.
8 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments
reviewed the proposed Infill Overlay Zone and subdivision. Their comments have been
incorporated into the Department's recommended conditions of approval.
9 Interior access street improvements will be per the City's Urban Services Standards and
Guidelines (USSG) and will be developed to accommodate standard utility service needs
such as trash pick up, and emergency access for fire and police services. Street
development final design shall be approved by the City's Public Works and Utilities
Department prior to final construction and shall be constructed prior to final plat
approval All utility easements shall be shown on final mylar.
10 The cul -de -sac and parking area for Lots 6 9 do not meet USSG and Municipal Code
requirements as shown. However, the City can reduce the development standards
through the IOZ review per Section 17 45 040 PAMC as long as provisions are
determined to be adequate for utility function, emergency access, and expected use
impacts. Staff have reviewed the plans and are satisfied that the 60' cul -de -sac will meet
the required needs as designed. It is possible to gain an additional 10' by reducing front
yards if necessary The clustered parking area will be identified as serving Lots 6 9 and
owners of those lots will be thereby advised of the restrictions of lot ownership.
Emergency service providers are aware of the configuration and had no concerns as
shown on the drawing.
11 The subject property is identified as Medium Density Residential on the Port Angeles
Comprehensive Plan Land Use Map and is located in the City's Northwest Planning
Area.
12. The proposal has been reviewed with respect to the Comprehensive Plan. The following
Comprehensive Plan policies are found to be most relevant to the proposal Growth
Management Element Goal A, Land Use Element Goal A, Policy A.2, Goal B, Policy
B.1, B.2, B.3, and B 4, Goal C, Transportation Element Goal A, Policy A.3, A.6, and
B.11, Utilities and Public Services Element Policy C.2, Capital Facilities Element Goal
A, B, Policy B 1, B.3, B.4, B.5, B.6, B 7, C.2, C.3, C.4, and C.5
13 The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element Policy A.9),
14 The City's Comprehensive Plan (Land Use Element Policy B.3) states that development
should be designed to further the grid system pattern. Preliminary approval will be based
upon the dedication of right -of -way to ensure compliance with the policy
15 The subject property is identified by the Port Angeles Zoning Map as Residential
Medium Density, which allows a density of up to 12.44 units per acre. The proposed
Planning Commssmn A9nndes
Seplea her 23, 2009
Page 15
drawing indicates that each lot in the proposed subdivision will be at least 4,202 square
feet in size.
16 Lot sizes are generally rectangular in shape. Three house designs are included with the
application for the development of Lots 1 14 Structures are all one story with the
exception of the apartment structure that is two story The design drawing for the
apartment unit is also included in the application materials.
17 Maximum allowable site coverage (area of the site covered by impervious surfaces) in
the RMD has been established at 70% of the site. Development statistics provided by the
applicant have been divided into the three following areas and amounts: Structures=
17,486 ft or 13.3 Common impervious surfaces= 28,441 ft or 21.9 Other
impervious surfaces 11,080 ft or 8 41 This results in a site with a total of 43.6%
impervious surface coverage.
18 PAMC 17 45 090(E)(4)(a) indicates that 'Common garden area' must be at least 5% of a
total IOZ site. The site provides a total of 6,602 square feet (6.78 of common garden
area and 3,523 square feet (3 61%) of common open space. Staff interpretation and
concurrence with the applicant finds that play areas for children would be a more
appropriate use of the area and such a change in the plan will be made. A landscape plan
has been submitted as is required and is under review
19 There are no environmentally sensitive areas on the site. The site slopes gradually
downward to north. The site is not considered a frequently flooded area as it is not listed
on the Federal Emergency Management Act (FEMA) maps which denote those areas that
are in 100 -year flood areas.
20 Transit service is available along
18` Street
21 Building permits are required for all structures on the completed sites. All local building
and Fire Codes shall be complied with during construction including residential sprinkler
systems.
22. The Port Angeles School District has been notified of the development to allow them to
plan for needed public school facilities and routes.
23 The City's Parks Department is aware of the preliminary proposal and does not believe
the level of service for the area will be hampered as a result of the development.
24 All utilities including potable water, sanitary waste, and refuse collection are available in
the area.
25 The City's Police, Fire, and Public Works and Utilities Departments will service the site
upon satisfactory completion of all conditions of approval.
26 The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1255) on September 22, 2009, therefore satisfying the City's
responsibility under the Act.
27 Southern access to the main site is served by 16` Street, which is neither an arterial, a
designated school walking route, nor a designated bicycle route. Sixteenth Street is
undeveloped along the subject site's frontage and exists as little more that a trail. The
eastern 550 -foot portion of 16 Street west of "N" Street is paved and developed with
curb /no sidewalk on the south side, and with gravel swales and unpaved walking path on
P(annmg Camm,ssmu Minutes
September 23. 2009
Page 16
the north side. The western portion of 16 Street, east of "0" Street is partially
developed with the north portion paved but lacks curb and sidewalk. The southern
portion of the street has not been developed. Improvements to 16` Street will be required
as a result of the impact of the site to its full development potential and the resulting
impact to the transportation system in the area for both pedestrian and vehicular ingress
and egress to the site. Improvements to 16 Street will include a paved street width of
30' with a ditch and 4' pedestrian concrete walkini path west of the site to "0" Street,
and 30' (one half plus 10') of paving along the 16' Street frontage of the site east to the
improved area of 16' Street with curb, gutter, and sidewalk.
28 The Port of Port Angeles operation of the Fairchild International Airport is located in the
area south of the site. The Port staff has been notified of the proposed subdivision
proposal and it is expected that those who purchase properties in the final subdivision
will be aware of the existing on -going airport operation.
29 Section 17 45 050 (C) PAMC requires a mechanism to ensure housing remains attainable
in perpetuity and shall provide documentation of such mechanism to the Director of
Community and Economic Development for approval.
30 Section 17 45 140 PAMC requires covenants restrictions and conditions be provided
prior to final approval.
31 Section 14 40 130 PAMC allows for a variation from parking space requirements after a
public hearing by the Port Angeles Planning Commission. The Planning Commission
may impose conditions upon a variance to ensure that a reduction in required parking
spaces will result in the parking needs of the use being addressed, that it will not permit
congestion or traffic hazards, is consistent with the intent of the City's parking
regulations and the zone in which the site is located, and is in compliance with the
Comprehensive Plan.
32. The applicant submitted information with the IOZ application in consideration of a
parking variance for the 28 -unit apartment complex. Information submitted indicated
that occupants of the proposed apartment complex will be chronically homeless
individuals who have a low percentage of vehicle ownership. Two (2) staff are
anticipated at the 28 -unit apartment that will be managed by Serenity House of Clallam
County (51 -1). SI-I owns the abutting property (2321 West 18 Street) that is operated as a
short term single adult shelter Occupancy of the 50 person shelter includes 5 staff A
parking reduction from 56 to 42 spaces that was later reduced to 26 spaces was approved
for the single adult Serenity House shelter in 2002 through a conditional use permit
process permitting the shelter use.
33 Information presented identifies that chronically homeless individuals have a lower
percentage of car ownership than short term residents, and a reduction for the target
population should be allowed. Two (2) staff are anticipated for the apartment use. Shelter
residents are provided with bus passes for 80% of their population. Information indicates
that bus passes are also anticipated for residents of the subject apartment use.
34 A Clallam Transit bus stop is located within 500 feet (east) of the subject property
Section 14 40 030(D)(2) PAMC allows for a 10% reduction of required parking if a bus
stop is located within 500 feet of the project site.
Planning Commission :Minutes
September 23, 2009
Page 17
35 Supporting documentation for a parking reduction of the short term shelter indicates that,
during a one year period, the demand did not exceed the reduction to 26 spaces for the
maximum 50 person population/use (maximum of 70 during crises and 5 staff).
36 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 of the proposed subdivision to the
general purposes of the City's Comprehensive Plan and to planning standards and
specifications adopted by the City The determination of the Planning Commission in the
matter of a parking variance may be appealed to the City Council.
Conclusions:
A. As conditioned, the proposed Infill Overlay Zone development is consistent with the Port
Angeles Comprehensive Plan and Zoning Code.
B. As conditioned, the proposal is consistent with the Pori Angeles Subdivision Ordinance,
Chapter 16.08 PAMC, the City's Comprehensive Plan, Infill Overlay Zone, Chapter
17 45 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW
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 The subdivision provides for development of new homes within the City of Port Angeles
consistent with the State of Washington Growth Management Act and, as conditioned,
provides a mechanism to ensure that housing remains attainable in perpetuity
E. A reduction of the standard parking requirements is warranted given the information
provided by the applicant as to the intended population of the 28 -unit apartment complex.
Conditions have been imposed for monitoring of the actual parking demand such that,
following the initial one year review period, if it is found that additional parking is
needed, additional parking shall be provided in a required manner
The motion was seconded by Commissioner Boyle and passed 3 1 with Commissioner
Reiss voting in the negative. Commissioner Reiss noted that his negative vote was due to
the condition to improve 16 Street to "0" Street.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03 CITY
OF PORT ANGELES MARINE PARK: Proposal to establish a marine park in the
Public Buildings and Parks and Industrial Heavy zone along Ediz Hook in the Port
Angeles Harbor
Chair Reiss opened the public hearing. Staff asked that the public hearing be continued to
October 14, 2009
Commissioner Matthews moved to continue the public hearing to October 14, 2009, 6 p.m.
The motion was seconded by Commissioner Boyle and passed 4 0.
Plano ng Cammersson Alma es
Sep'ember 23, 2009
Page 18
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Planning Manager Roberds reported that the City Council conducted first readings of the
Lucero Street Vacation ordinance for approval and had approved the Walker Final subdivision at
the September 15, 2009 regular meeting. Planner Johns noted that a public meeting to discuss
the SDAT AIA recommendations and how those recommendations are being implemented on
October 13, 6 p.m. by the PA Forward Committee
REPORTS OF COMMISSION MEMBERS
None.
ADJOURNMENT
The meeting adjourned at 9 p.m.
Sue Rober. Secretary
PREPARED BY S. Roberds
Doc Reiss, Chair
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