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WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
October 22, 2003
I.
CALL TO ORDER
Special Meeting Time - 6 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of October 8, 2003
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IV. CONTINUED BUSINESS:
Final review of the Madrona Woods Subdivision (continued from October 8. 2003).
V.
OTHER BUSINESS:
1. Draft list of Zoning Code Amendments for review
2. Comprehensive Plan Amendment Discussion
VI.
COMMUNICATIONS FROM THE PUBLIC
VII.
ST AFF REPORTS
VIII.
REPORTS OF COMMISSION MEMBERS
IX.
ADJOURNMENT
PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, Jack Pittis
PLANNING STAFF: BT;ld Collins, Director; Scott Johns, Associate Planncr; Suc Robcrds, Assistant Planner.
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MINUTES
PLANNING COMl\fiSSION
Port Angeles, Washington 98362
October 22, 2003
6:00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Hewins, Fred Norton, Jack Pittis, Linda
Nutter, Chuck Schramm (arrived at 7:00 p.m.)
Members Excused:
Len Rasmussen
Staff Present:
Brad Collins, Sue Roberds, Scott Johns
Public Present:
Mike and Melinda Szatlocky, Alan Carrnann, Pam Tietz,
Caitlin Norton
APPROVAL OF MINUTES
Commissioner Philpott moved to approve the October 8, 2003, minutes as presented. The
motion was seconded by Commissioner Norton, which passed 5-0.
CONTINUED BUSINESS:
Final review of the Madrona Woods Subdivision (continued from October 8.2003),
This item was reordered to be later in the meeting due to absence of the applicants.
OTHER BUSINESS:
Draft list of Zoning Code Amendments for review
Assistant Planner Sue Roberds reviewed a memorandum outlining several proposed Municipal Code
Amendments for consideration. The amendments are considered minor in nature being intended to
clarify, further define, and streamline City standards and procedures. Some amendments proposed
were a result of concerns raised during review of the short plat process where confusion with
timelines were recognized within the existing regulations. The table located within the Zoning
Ordinance defining specific development standards for special use pennits pennitted in residential
zones was found to be out of date and is proposed to be updated. Staff is recommending that at this
time small reader board signs are pennitted in addition to site identification signs for churches and
private schools located in residential zones due to requests for variances to allow such signs. An
amendment to assist the Police Department in its enforcement of those living in automobiles was
proposed as well as repeating the existing wording prohibiting the residential use of trailers and
campers in the enforcement section of the Zoning Ordinance for ease of reference where it is
currently found in a difficult to locate area of the code. References to "Planning Director" remain
throughout the Code even though an earlier amendment was intended to replace such reference with
"Community Development Director".
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Planning Commission Minutes
October 22, 2003
Page 2
Commissioner Hewins' previously explained concern with the term "quasi public" was discussed
at length. Commissioner Hewins' point was that if it is the intent to allow "quasi public" agencies
the right to locate and develop in the Public Buildings and Parks (PBP)zone under the standards of
the PBP zone, a definition should specifically state what those uses are and how they must develop.
He suggested that only public entities should be allowed to develop in the PBP Zone at PBP Zone
standards. However, ifit is the desire to treat agencies such as the YMCA as "quasi public" agencies
and allow their location in PBP zones at PBP development standards, a distinct definition should be
created so the intent is clear. Commissioner Nutter added that an increasing number of business
opportunities are associating with public college activities. Planner Roberds indicated that as such
uses would likely occur either on the college campus or within a commercial zone at a business
office with college staff, the issue of "quasi public" would not apply. Commissioner Hewins
reiterated that uses found in the PBP Zone should be publicly owned structures or open space and
that the wording "quasi public" should not be used to identify the YMCA. Planner Roberds noted
that the YMCA has been considered a "quasi public" use and as such the property was recently
rezoned to the PBP zone and allowed to develop at PBP standards. If it is determined that the
YMCA does not qualify for such development standards in the future, future development of the
YMCA would be affected. Commissioner Hewins suggested that perhaps the YMCA should be
identified as a permitted use in the PBP. Staffwas directed to confer with the City Attorney on this
issue and forward a recommendation at the November meeting. [Commissioner Schramm arrived
at this point.]
Three bylaw changes to cover a new meeting time of 6:00 p.m., and additional information relative
to voting requirements including wording expanding on when Commission members may abstain
from voting and when they must remain to act due to lack of a quorum were proposed.
An interpretation made during the year to clarify what the required distance between structures is
when they are intended to be attached or detached was reviewed. A discrepancy between building
standards and the concept and intent of planning practice was discussed. Detached structures can
be located closer to setback lines than can attached structures so it is important to clarify what
separation is required between interior structures such that required and intended separations and
open space are observed. In order to not defeat the purpose of required setbacks in these instances,
the conclusion was reached that a yard must exist between structures a minimum of 6' which would
allow for maintenance and separation issues covered in the Building Code to be considered detached.
The Commission concurred that staff's proposed definition is reasonable and should be included in
the definition section of the Zoning Code.
At this point Chair Nutter noted that the applicants had arrivedfor the Madrona Woods Subdivision
review and directed that the issue would be discussed before proceeding further with the Code
amendment work session.
Planning Commission Minutes
October 22. 2003
Page 3
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CONTINUED BUSINESS:
Final review ofthe Madrona Woods Subdivision (continued from October 8.2003),
Director Collins noted that most review issues had been resolved at the October 8,2003, meeting
but what remained uncertain was the type of agreement that could be made with the Housing
Authority to secure installation of the improvements required for the 19-unit single-family
subdivision following final plat approval. The City Attorney and the Housing Authority's attorney
Craig Ritchie worked together to craft an interlocal agreement which would allow required
infrastructure improvements to be installed at a later date following final plat approval rather than
before, which is the standard procedure. Specific law allows for the City to install place
infrastructure for housing authorities. While the City is not agreeing to put in the infrastructure,
Exhibit "A" of the proposed interlocal agreement describes what infrastructure is to be placed and
describes the phasing. The Housing Authority is responsible for making required infrastructure
improvements and paying for them. The City can be the security for the Housing Authori ty therefore
allowing completion of the plat without the normal bonding. He further explained that phasing for
the development is proposed to include Lots 1 - 8 as Phase I with Lots 9 - 19 and the extra lot west
of"O" Street (Lot 20) and the Arbutus Lane cul-de-sac being Phase ll.
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Mr. Collins provided amended findings and conclusions in support of a recommendation of approval
for the final plat. Discussion that wording on the face of the plat should be amended to include the
applicant's desire to provide infrastructure improvements for each phase of development was
discussed (Finding 32).
Following brief discussion regarding various procedures in the development of the site,
Commissioner Norton moved to recommend approval ofthe interlocal agreement and the final
plat as proposed citing the following 32 findings and 6 conclusions:
Findings:
1. Chapter 16.08 ofthe Port Angeles Municipal Code (P AMC) sets forth local requirements for
the approval of subdivisions.
2.
The Revised Code ofW ashington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State of Washington. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment of a subdivision.
It shall determine if appropriate provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, and shall consider all otherrelevant 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.
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Planning Commission Minutes
October 22, 2003
Page 4
3.
Section 16.08.050(B)(1) P AMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations ofthe City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The final plat subdivides the 5.23 acres ofland into 19 residential lots. The 19 residential
building lots range in size from 9,002 to 10,286 square feet. A tract for drainage and
recreation will also be created.
5. The preliminary plat application includes a drawing received and dated February 21, 2003,
prepared for the Housing Authority of Clallam County by The Cedarwood Group, provided
in Attachment B to the staff report which was used as the basis for the preliminary plat
review. The final plat will be entitled Madrona Woods Subdivision.
6. The proposed Madrona Woods Subdivision site is located along "0" Street at its intersection
with 18th Street and is legally described as a portion of Block 101, Suburban Lot of Port
Angeles, WA in a portion of Section 6, Township 30 North, Range 6 West, W.M.
7.
Surrounding properties are developed with low density single family residential uses to the
north and west, and light industrial use to the south. Property adjacent to the east contains
a single family residence and property further to the east is being developed as an adult
family shelter with three multi-family developments continuing to the east. The area south
of 18th Street is partially developed as the Fairchild Airport Industrial Park. Several other
parcels in the vicinity are undeveloped.
8. The site is currently served by 18th Street and "0" Street, neither of which is fully developed
to City street standards for collector arterial streets. The interior 12 lots will gain access from
Arbutus Lane, a cul de sac interior to the subdivision. Transit service is available along both
"0" Street and 18th Street with a bus stop at property directly east of the site.
9. The proposed final plat was reviewed by the City's Fire, Public Works and Utilities, Parks
and Recreation, and Community Development Departments.
10. Public notice of the subdivision preliminary plat application was published on March 9,
2003, in the Peninsula Dailv News and posted on the site and mailed to property owners
within 300 feet of the proposed subdivision on March 5, 2003.
11.
The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive
Plan Land Use Map. The following Comprehensive Plan policies are found to be most
relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A,
Policy A.2, Goal B, Policies B.1-B.4, Goal I, Policies I.1-IA, Objective Ll; Transportation
Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy 2.C and
D.l; Housing Element Goal A; Capital Facilities Element Goal A, Policies A.2, A.9.A.11,
Goal B, Policies B.6-B.7, Goal C, Policies C.3- CA.
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Planning Commission Minutes
October 22, 2003
Page 6
26.
The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit as shown on the face of the plat.
27. Electrical, telecommunications, and street lighting shall be installed by the Housing
Authorityper the interlocal agreement between the Housing Authori ty ofClallam County and
the City of Port Angeles. All power lines serving this subdivision shall be installed
underground per City design and easement requirements.
28. Address numbers are identified and placed on the final plat as provided by the City.
29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility
easement a minimum of 20 feet in width adjacent to property line has been created. The
infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat
to public safety.
30. The City of Port Angeles and the Housing Authority of Clallam County have committed
through an interlocal agreement to secure the installation of all street and utility
improvements required for the final plat to the satisfaction of the City Engineer with a total
estimated cost of$395,713.
31.
The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and
a separate lot that is not part ofthe Madrona Woods Subdivision.
32. The face of the plat shall provides a restriction that no occupancy of dwelling units shall not
allowed until all roadway and utility improvements have been completed and approved by
the City Engineer for each phase of the subdivision.
Conclusions:
A. The conditions of the Madrona Woods Subdivision were required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the
development of single family homes. The configuration ofthe proposed subdivision lots and
street layout conform to the desired urban design of the City for the RS-9 Zone. The subject
site is located in an area with a grid street system and should be developed with low density
housing units to achieve the desired urban design of the City.
C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code.
D.
As conditioned, the final plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAM C, and the Washington State Subdivision Act, Chapter 58.17
RCW.
E. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets orroads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
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Planning Commission Minutes
October 22, 2003
Page 6
26.
The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit as shown on the face ofthe plat.
27. Electrical, telecommunications, and street lighting shall be installed by the Housing
Authority per the interlocal agreement between the Housing Authority ofClallam County and
the City of Port Angeles. All power lines serving this subdivision shall be installed
underground per City design and easement requirements.
28. Address numbers are identified and placed on the final plat as provided by the City.
29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility
easement a minimum of20 feet in width adjacent to property line has been created. The
infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat
to public safety.
30. The City of Port Angeles and the Housing Authority of Clallam County have committed
through an interlocal agreement to secure the installation of all street and utility
improvements required for the final plat to the satisfaction ofthe City Engineer with a total
estimated cost of$395,713.
31.
The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and
a separate lot that is not part of the Madrona Woods Subdivision.
32. The face of the plat provides a restriction that no occupancy of dwelling units shall be
allowed until all roadway and utility improvements have been completed and approved by
the City Engineer for each phase of the subdivision.
Conclusions:
A. The conditions of the Madrona Woods Subdivision were required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the
development of single family homes. The configuration of the proposed subdivision lots and
street layout conform to the desired urban design ofthe City for the RS-9 Zone. The subject
site is located in an area with a grid street system and should be developed with low density
housing units to achieve the desired urban design of the City.
C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code.
D.
As conditioned, the final plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17
RCW.
E. 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,
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Planning Commission Minutes
October 22,2003
Page 7
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
F.
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
Growth Management Act and beneficial to the City's tax base.
Commissioner Schramm seconded the motion which passed 6 - O.
A break was called at 7:25 p.m. The meeting resumed with continued discussion of the Draft list
a/Zoning Code Amendments for review -
A written list of proposed amendments and request for clarification of certain standards found in the
Zoning Code submitted for review by Commissioner Rasmussen was reviewed. An explanation of
some items was made by staff and several amendments were proposed which were considered minor
in nature as a result of the discussion.
Discussion took place regarding the proliferation of accessory residential dwelling units that are
being developed as straight rental units. The development of such secondary residential dwellings
was initiated in 1999 in order to address concerns where residents were asking to house a relative
on the same residential property where they live rather than a more institutional situation - i.e., a
mother-in-law use. While it was recognized that at some point such units would no longer be
occupied by the original occupant, or house a relative or friend ofthe property owner/resident, it was
the intent that such units would not be initiated as straight rentals which basically can result in any
single family residential neighborhood becoming more multi- family in nature on a case by case basis.
The size of the accessory unit, being no more than 50% of the primary unit, limits the resulting
secondary use to a studio apartment rather than a duplex, which would require additional property.
The main concern is that, particularly over the past year, residences are being purchased and
remodeled into a unit and one-half strictly for rental purposes. The issues discussed were: 1) was
the intent to require a property owner to live on the property and have a small rental; 2) was it the
intent to require that the unit initially be for a relative or other emergency type use; or 3) was it
intended to establish such uses on a wholesale basis within residential zones anywhere in town?
There are no provisions or definitions explaining how many accessory residential units may be built
in a block other than adherence to density provisions ofthe subject zone. The main concern is that
a duplex use requires additional property to address added impacts where accessory residential units
do not require additional property and can therefore be developed on any and all residential single
family lots. Additionally, it is very difficult to enforce size requirements (i.e., 50% maximum)
unless the units are separate from the main dwelling unit.
Planner Roberds suggested that from a code enforcement perspective, it would be much easier to
identifY when such units have been converted from 50% the size of the primary unit to a larger
duplex unit if the accessory residential units are separate from the main dwelling unit: The intent
of an accessory residential unit is that it remain truly accessory and not equal in size or use to the
main unit. By requiring a separate building unit, the accessory residential uses would be visible and
future code enforcement issues would be avoided because buyers would be able to see and
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Planning Commission Minutes
October 12. 1003
PageS
understand the extent of the secondary residential use and not believe that such a use could be
expanded. Many times the Department deals with conditional use issues that have been established
legally but are expanded upon unbeknownst to a prospective purchaser, illegally. Director Collins
noted that another alternative would be to eliminate the 50% ruling and allow accessory residential
units to be established within a primary structure larger than 50% ofthe primary use but less than
equal. Planner Roberds cautioned that such a change would not deal with the Commission's concern
that such uses within the confines of a primary structure could be expanded and the expansion not
obvious without complaint which would then open the door to a myriad of enforcement issues that
could be avoided if the units were separate from the primary unit. It is likely that true mother-in-law
uses are desired to be separated from the main unit as would rental units. The only time that units
are joined is in duplex situations and that is not the issue here. There was consensus that wording
addressing the concerns would be formulated and discussed further at the November meeting.
2. Comprehensive Plan Amendment Discussion
Director Collins reviewed a proposed schedule for the 2004 Comprehensive Plan amendments. He
asked that Commission members put together a project list for amendments and work on a list of
public who may be interested in serving on a citizen advisory committee. An updated coordinated
walking route for the school district should be reviewed due to changes in bussing policies for the
City. Commissioner Nutter advised that the non motorized routes be reviewed again as well. Mr.
Collins noted that although the City has been reviewing the Comprehensive Plan yearly for a number
of years, the City is not required to again review the Plan until 2011.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Mr. Collins reported that the City Council unanimously upheld the Commission's decision to
approve the Morrison conditional use permit and SEP A determination. He reported that the Council
is interested in better communication with the Planning Commission and is looking forward to
another meeting with the Commission. He reported that he is looking into design review assistance
with CTED and a method of placing permit information on individual property titles to ensure that
conditions of special permits are not overlooked.
REPORTS OF COMMISSION MEMBERS
Commissioner Jack Pittis reported that he attended a traffic calming click listen and learn program
on October 16, 2003, at the City. The information provided an overview for how the different
methods work and in what situations they are most effective.
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Planning Commission Minutes
October 22, 2003
Page 9
ADJOURNMENT
The meeting adjourned at 9:15 p.m.
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Bra Colhns, Secretary
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PREPARED BY: S. Roberds
~ORTANGELES
WAS H I N G TON, U. S. A.
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PLANNING COMMISSION ATTENDANCE ROSTER
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Agenda Item No.
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