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HomeMy WebLinkAboutMinutes 10/11/2006 . ~i- ORT'P;.~ N'GELJES I v " , WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street October 11, 2006 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 27,2006 IV. 1. .' 2. 3. V. VI. VII. VIII. . PUBLIC HEARINGS: PRELIMINARY SUBDIVISION - HECKMAN: McGill Street south of Church Street: Development of a 2.65 acre site into 8 residential lots in the RS-9 Residential Single Family zone. PRELIMINARY SUBDIVISION - STEPHENS: Viewcrest Street east of Peabody Street: Development of a 2.36 acre site into 9 residential lots in the RS-7 Residential Single Family zone. Continue action to the October 25, 2006 regular Planning Commission meeting. CONDITIONAL USE PERMIT - CUP 06-05 - ALMADEN, 603 and 603 ~ W. 13th Street. A proposal to permit an accessory residential unit in the RS-7 Residential Single Family zone. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT PLANNING COMMISSIONERS Chene Kldd (ChaIr), Dave Johnson, KeVin Snyder, John Matthews, Werner Beier, Stan Hams, Doc ReiSS PLANNING STAFF Sue Roberds, Planning Manager, Nathan West, Pnnclple Planner, Scott Johns, ASSOCiate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 11, 2006 6:00 p.m. ROLL CALL Members Present: Cherie Kidd, Kevin Snyder, John Matthews, Doc Reiss, Stan Harris, and Werner Beier Members Excused: Dave Johnson Staff Present: Nathan West, Scott Johns Public Present: Nancy Vannausdle, Steve Zenovic, Craig Heckman, Dave Neupert, Paul Lamoureux, Robert Dryver APPROVAL OF MINUTES The approval of the August 9, 2006. regular meeting minutes was continued to the next regular meeting of the Planning Commission due to a lack of quorum of those represented at the August 9 2006, meeting. Commissioner Snyder moved to approve the September 27, 2006, regular meeting minutes. The motion was seconded by Commissioner Matthews and passed 6 - O. PUBLIC HEARINGS: Chair Kidd 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. PRELIMINARY SUBDIVISION - STEPHENS: Viewcrest Street east of Peabody Street: Development of a 2.36 acre site into 9 residential lots in the RS-7 Residential Single Family zone. Associate Planner Scott Johns indicated that based on preliminary review a number of issues were identified for the applicant to address. No new information has been received from the applicant. Since the application has been properly noticed, an action must be taken and the recommendation is that the public hearing be continued to the October 25,2006, regularly scheduled Planning Commission meeting. Commissioner Beier moved to continue the public hearing to the October 25, 2006 , regularly scheduled Planning Commission meeting. The motion was seconded by Commissioner Reiss and passed unanimously PRELIMINARY SUBDIVISION - HECKMAN: McGill Street south of Church Street: Development of a 2.65 acre site into 8 residential lots in the RS-9 Residential Single Family zone. Principal Planner Nathan West presented the staffs report recommending approval of the subdivision. . . . Plannzng CommiSSIOn Mmutes October ll, 2006 Page 2 Commissioner Beier stated that he is familiar with the applicant and that the applicant has business connections with his firm. No objections to Commissioner Beier acting on the application were heard. Chair Kidd asked for clarification on street and sidewalk requirements. Public Works and Utilities Department Engineer Jim Mahlum pointed out that the requirement is for a 4' concrete sidewalk. Chair Kidd opened the public hearing. Steve Zenovic, 301 E. 6th Street stated that the interior street will be developed to a 34- foot width, while McGill Street will be developed to suburban standards as required by Public Works and Utilities Department. Mr. Zenovic disagreed with condition #4 requiring that sidewalks be placed on the interior street, indicating that with a 34 foot width, only 8 residential units, and the short length of the street, sidewalks would not be necessary for pedestrian safety, unnecessarily increase impervious surface, and increase cost to the developer. Commissioner Harris asked how the proposed 20- foot wide McGill Street improvements would relate to other street developments in the area. Mr. Zenovic indicated that the standard for McGill is permitted and that south of the proposed subdivision is county jurisdiction. Also the development to the proposed standard would not preclude future widening. Planner West pointed out that the street standards are recommended by the Public Works and Utilities Department and are similar to the surrounding street conditions. Chair Kidd stated that she understands the economic impacts of small subdivisions being required to pave sidewalks but also feels that achieving a complete sidewalk system requires that all developers contribute at the time of development. Commissioner Reiss asked if the main reason for not including sidewalks would be due to stormwater impacts, such as more impervious surface means less water infiltration. Mr. Zenovic confirmed that to be the case. Commissioner Beier pointed out that pervious paving materials are now available. Mr. Zenovic stated that if pervious paving were to be required he would object even more strenuously due to the much higher cost of the materials. Bob Dryver, 850 Church Avenue, Port Angeles, stated that as the staff report had indicated there may not be wetlands on the site, however, there are drainage problems. He went on to describe the topography, existing drainage facilities and easements, and impacts to the area during wet times of the year. At this time Commissioner Harris stated that he knew Mr. Dryver and because of their relationship he would not be voting on the proposal. Commissioner Harris then left the room for the remainder of the proceedings. Further discussion ensued on the drainage subject and how stormwater would be managed. Mancy Vannausdle, 805 Church, Port Angeles, stated that Church Street and McDougal Streets were narrow and lacked sidewalks making it dangerous to walk in the neighborhood. She indicated that the sidewalks should be required and that McGill Street should be constructed to more than 20 feet wide. Commissioner Reiss asked Mr. Zenovic what will be done to solve the anticipated stormwater problems in the area. Mr. Zenovic indicated that the plan is to install a 48" underground detention structure that would capture the stormwater, which would then be released into the existing stormwater system at a metered rate that equals the calculated release . . . Planmng CommiSSIOn Mznutes October 11, 2006 Page 3 of stormwater from the undisturbed site. Commissioner Reiss asked how the system would keep the street from flooding as other areas of the city flooded during periods of high rainfall. Mr. Zenovic stated that the system is a smaller scale than the area Mr. Reiss had referred to and that a different approach to handling the stormwater was being applied in this case. Bob Dryver, 850 Church Avenue, Port Angeles, returned to the podium to ask additional questions about the stormwater system. His questions were answered by staff, Mr. Zenovic and members of the Commission. Commissioner Snyder asked if the Planning Commission recommended sidewalks where Public Works and Utilities Department had not required them, would that recommendation be considered or ignored. Planner West indicated that changes to the City Comprehensive Plan supporting sidewalks had recently been adopted by City Council as recommended by the Planning Commission. Hearing no further testimony, Chair Kidd closed the public hearing. Commissioner Snyder moved to approve the Church Street Subdivision with the following Conditions, Findings, and Conclusions. Conditions: 1. An engineered stormwater plan shall be submitted for approval to the City Public Works and Utilities Department. Stormwater shall be handled within the site in accordance with Public Works and Utilities standards. 2. The applicant shall obtain a clearing and grading permit from the Public Works and Utilities Department in accordance with Section 15.28.030 of the Port Angeles Municipal Code. 3. McGill Avenue shall be improved south of Church Street as indicated on the preliminary site plan with a minimum pavement width of 20' in width and a 4' wide walking path which meets minimum Americans with Disabilities Act (ADA) requirements. The improvements shall include vegetated stormwater ditches along both sides of the roadway with minimum side slope of 3 to 1. A street barricade shall be placed at the south end of improved McGill Avenue. Access will not be permitted until improvements are complete. No parking signs shall be posted along the improved roadway. 4. The interior street shall be named and shall culminate in a cul-de-sac as shown on the preliminary drawing. The street shall be constructed as approved by the City to urban standards with minimum 34' wide paved area and a 60' right of way, curb, gutter and sidewalk. 5. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distance and wording shall be placed on the final plat for recording with the County Auditor indicating that all residences shall be fitted with residential sprinkler systems prior to occupancy. 6. Utility service to the subdivision shall be underground. An electronic copy of the approved layout shall be provided to the City's Electrical Engineer. A 10' utility easement shall be provided along McGill Avenue and both Planmng CommiSSIOn Mmutes October J J, 2006 Page 4 . sides of the internal roadway including cul-de-sac. 7. Water service shall be extended to the lots as required by the Public Works and Utilities Department prior to final plat approval. 8. Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Church Street. 9. Building setback areas shall be identified on the final plat and address numbers placed on the lots as provided by Public Works and Utilities. Findines: . 1. Preliminary approval is for the 8-unit subdivision submitted by Craig and Amy Heckman on August 29,2006, identified as being Ralston Short Plat V22 P54 Lot 4 Townsite of Port Angeles and located at McGill Avenue and Church Street. The site is approximately 3.11 acres in size and is rectangular in configuration. 2. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 4.84 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. 3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions and Section 16.08.050(B)(I) P AMC 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. 4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision and determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 5. The Port Angeles Municipal Code Section 15.28.030A establishes that the applicant is required to obtain a clearing and grading permit from the Public Works and Utilities Department. 6. The Port Angeles Public Works and Utilities Department, Parks and Recreation Division, and Fire Departments reviewed the proposed subdivision. Their comments and specific conditions have been incorporated in the Department's . Planmng CommISSIOn Mznutes October 11, 2006 Page 5 . recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within the area and will be provided through conditions to the preliminary plat. 7. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map and is located in the City's East Planning Region. The Comprehensive Plan requires concurrency at the time of development for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, paved streets, curbs, sidewalks, water service, sanitary sewer service, electrical service and emergency service (Capital Facilities Element Policy Al 0). The proposal has been reviewed with respect to the Comprehensive Plan and the following Comprehensive Plan policies are relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.1, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.2, A3, A6, B.11, B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.1, B.3, BA, B.5, B.6, B.7, C.2, C.3, CA, and C .5. 8. The purpose of the City's RS-9, Residential Single Family zone is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because ofland use imp<l;cts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75- foot front lot lines, and 60- foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land 9. The site is currently served by McGill Avenue. Access streets will be improved to low impact development standards. McGill Avenue is a local access street and is not located along a school walking route. Right-of-way dedication along McGill Avenue is required. 10. The City's low impact development standards for suburban areas were adopted in 2003 with the restriction that subdivisions developed under the reduced standards would not allow for on-street parking. Site development and design for residential lots developed under the lower impact standards need to accommodate resident parking and visitor parking on-site. 11. There are no environmentally sensitive areas on the site. The site has a slope to the north of approximately 5%. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100-year flood areas. . . Plannmg CommISSIOn Mmutes October 11, 2006 Page 6 . 12. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. The proposed site is 3.11 acres in area. 13. Building permits are required for all structures within the subdivision. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 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 Port Angeles School District provides school bus pick-up for students at the intersection ofMt. Angeles and Campbell. 15. The City's Parks Department has noted that they are aware ofthe preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. The City's LOS for parks and recreational services is 1/3 acre for 1,000 population. The nearest public playground area is located approximately one (1) mile north (Lyons Park). 16. The site will be served by the City's Police, Fire, and Public Works Departments. All utilities including potable water, sanitary waste, and refuse collection are available in the area. Transit service is available along Lauridsen Boulevard North of the site. 17. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Non significance for the preliminary subdivision on October 9, 2006, therefore satisfying the City's responsibility under the Act. 18. 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. 19. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on September 1,2006. The property was posted on September 5, 2006, and publication appeared in the Peninsula Daily News on September 7, 2006. No written comments have been received. . . Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, and Subdivision Ordinance Chapter 16.08 PAMC as well as with Chapter 58.17 RCW, the Washington State Subdivision Act B. 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 . . . Planmng CommISSIOn Mmutes October 11, 2006 Page 7 and other planning features that assure safe walking conditions for students who only walk to and from school. C. As conditioned, if improved low impact development suburban street standards are used, signage educating residents and visitors as to the prohibition of on-street parking will ensure that interior streets remain passable for pub3lic safety situations where on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. D. As conditioned, the public interest is served in the platting ofthis 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 Beier and passed 5 - O. Commissioner Harris returned to the dais. CONDITIONAL USE PERMIT - CUP 06-06 - ALMADEN, 603 and 603 ~ W. 13th Street. A proposal to permit an accessory residential unit in the RS-7 Residential Single Family zone. Associate Planner Scott Johns presented the staffs report recommending approval of the conditional use. Commissioner Snyder stated that he felt that the application was premature and lacking sufficient detail to approve. He then made a motion to continue the proceedings to the next regularly scheduled Planning Commission meeting and request the additional information be provided to staff to be presented at that time so the commission could make a more informed decision. The motion was seconded by Commissioner Beier. There was discussion on the motion, including comments from staff indicating that since the application had been properly noticed, the Commission should open the public hearing so that testimony can be taken from the public in attendance for the hearing. Commissioner Snyder agreed to withdraw his motion until after the public hearing and Commissioner Beier agreed. Chair Kidd then opened the public hearing. Dave Neupert, 403 S. Peabody, Port Angeles, indicated that he represents the applicant who is out of town and not available for the public hearing. He stated that the applicants intended to bring the site into complete compliance with all applicable regulations. He pointed out that the applicants came forward once they became aware that the site had not been permitted as an accessory residential unit and evicted the party that was occupying the unit rather than continuing as an illegal use. Commissioner Snyder stated that he was not comfortable approving a use without having a more specific plan showing exactly what the applicant would be doing to bring the site into compliance with the code. Mr. Neupert indicated that the proposed condition #6 effectively controlled the applicants action and that the city staff could evaluate plans and ensure that the site would meet the code requirements prior to allowing occupancy of the unit. He further pointed out that this is not a usual situation for the Planning Commission where they see plans for something that will be built in the future, but rather this is a situation where the structures were built and improperly modified and used. His calculations indicate that the difference between the primary structure and accessory structure meeting the percentages . . . Planmng CommiSSIOn Mmutes October 11, 2006 Page 8 required by code only amounted to a change of only 250 square feet, which is not a difficult change to make. Planner Johns added that the Planning Commission often approves proposals that are conceptual in nature and as the project proceeds they sometimes change from what was originally proposed. City staffwill have to review and approve any plans that are submitted, a building permit will be required with plan check and construction inspections prior to the applicant being allowed to use the accessory residence. Commissioner Reiss moved to approve CUP 06-06 with 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 603 and 603 ~ West 13th 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. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Smoke detectors are required in residentially occupied areas of both the ARU and the primary residence per the International Residential Code. Driveway and site access shall be constructed to Public Works and Utilities Standards. All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction of the Public Works and Utilities Department. A plan indicating how the applicant will bring the ARU and primary residence into compliance with the size requirements ofPAMC l7.l1.040(A) shall be submitted for approval. The ARU can be no more than 50% the area of the primary structure. The approved plan shall be implemented within one year or this permit becomes void. 2. 3. 4. 5. 6. Findings: 1. Mark and Gena Almaden submitted a Conditional Use Permit application for an accessory residential unit on September 15, 2006. The applicant owns the subject property. 2. The proposed site is legally described as Lot 20 Block 374 of the Townsite of Port Angeles and is located at 603 W. 13th Street. 3. The site is zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area. 4. The Comprehensive Plan designates the site as Low Density Residential. Adjacent designations are also 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. 13th Street west of Cedar Street. Development in the neighborhood includes predominately single family residential uses. The nearest multi-family use can be found at the intersection ofW. 8th and Cedar Street 1,500 north of the site. . . . Planmng CommiSSIOn Minutes October 11,2006 Page 9 Per 17.96.050 P AMC, 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 ifthe characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. The City's Comprehensive Plan was reviewed for consistency with the proposal. 6. The proposed ARU was constructed by a previous owner and does not meet the criteria ofPAMC 17.08.010A which defines an ARU as being fifty percent or less the area of the primary structure. Modifications to the structures will be necessary prior to occupancy of the ARD. 5. 7. 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. Site access must comply with Public Works and Utilities Standards. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 21, 2006. Public notice was mailed to property owners within 300 feet ofthe subject property on September 19,2006. The site was posted on September 25,2006. No comments were received as a result of the public notice period. A Determination of Non-Significance was issued for this proposed action on October 6, 2006. 8. 9. 10. 11. The Planning Commission conducted a public hearing on the proposal at the October 11, 2006, regular meeting. Conclusions: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B.14. 2. As conditioned the proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050, and with the requirement of a conditional use permit for an accessory residential unit in the RS-7 per P AMC l7.l0.040(A) 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. 3. 4. . . .- Planmng CommiSSIOn Mmutes October 11. 2006 Page 10 5. The City's responsibility under the State Environmental Policy Act in review ofthe proposal has been satisfied. The motion was seconded by Commissioner Harris. Commissioner Reiss spoke to the motion by stating that he understood the concerns of commissioners Beier and Snyder but felt that staff could evaluate the plans and that as conditioned the site would be brought into compliance with the code. The motion passed 4 - 2 with Commissioners Beier and Snyder voting in opposition. COMMUNICATIONS FROM THE PUBLIC Paul Lamoureux, 602 Whidby, Port Angeles, indicated a concern that the sign in sheet for the public hearing was removed prematurely. He felt that some individuals came in after the sheet had been given to the Chair. Additionally, Mr. Lamoureux suggested that additional copies of the agenda be placed outside the door preferably no less than six. He also suggested that not enough copies of the staff reports were available. Planner West apologized to the Planning Commission and to members of the public, indicating that due to other matters arising in the office, staff was running late and as a result, meeting preparation was not up to its normal standard. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS ADJOURNMENT Ck 0 /~ dJ& Cherie Kidd, Chair PREPARED BY: S. Johns ~ORTA.NGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROST~K AND TESTII\10NY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: (!t:,{D~ /1) dcd);, To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. lf 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. ADDRESS: Agenda Item No. . c: \My Flles\FORMS\Mtgrostpc. wpd I