HomeMy WebLinkAboutMinutes 03/10/2004
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WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
March 1 0, 2004
6 p.m.
I.
CALL TO ORDER
Special Meeting Time - 6 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meetings of January 28, February 11, February 24,
2004
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IV. PUBLIC HEARINGS:
1.
CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex in the
RS~7, Residential Single Family zone. (The applicant has asked for a continuation of this
item to April 14, 2004.)
2. PRELIMINARY SUBDIVISION - DEKAY - East end of Scribner Road at Albert Street:
(This hearing is continued from February 11,2004.)
3. CONDITIONAL USE PERMIT - CUP 04-02 - HATFIELD - 910 West Sixth Street:
Request for an accessory residential unit in the RS-7, Residential Single Family zone, (This
has been withdrawn.)
4. CONDITIONAL USE PERMIT - CUP 04-03 - DeFRANG - 1314 South Cedar Street:
Request to establish a day care center in the RS-7, Residential Single Family zone.
V. OTHER BUSINESS: Change in Planning Commission Bylaws Article IV - Meetings
amending the regular meeting time to 6 p.m.
VI. COMMUNICA TIONS FROM THE PUBLIC
VII. STAFF REPORTS
VIII. REPORTS OF COMMISSION MEMBERS
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IX. ADJO~NT
PLANNING COMM ISSIONERS: Linda Nuner(Chair), Fred Hewins (Vice Chair), Chuck Schramm. Fred Norton, Bob Philpott, Len Rasmussen, Dylan Honnold
PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner,
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
March 10, 2004
6:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Fred Hewins, Linda Nutter,
Chuck Schramm, Leonard Rasmussen, Dylan Honnold
Members Excused:
None
Staff Present:
Brad Collins, Sue Roberds, Jim Mahlum
Public Present:
Steve Zenovic, Dave Becker, Jim Hendrickson, Charlie
Palazzo, Robert Becker, LeRoy and Virginia Sproat, Gerald
and Mitzi Page, Steve Norberg, Sue Neese, Don Frizzell, Lisa
Delguzzi, Tom and Ann Allen, Kim DeFrang, Joyce
Underwood, Dan Morrison, Paul Eyestone, Matt Ostrowski,
Vicki Adams, Nancy Wood, Dave Neupert, Roger and Maura
Oakes
APPRO V AL OF MINUTES
Commissioner Rasmussen moved to approve the January 28, 2004, minutes as
presented. The motion was seconded by Commissioner Schramm and passed 5 - 2 with
Commissioners Philpott and Honnold abstaining due to absence at the meeting.
Commissioner Nutter moved to approve the February 11, 2004, minutes with two
typographical corrections. The motion was seconded by Commissioner Schramm and passed
5 - 2 with Commissioners Philpott and Norton abstaining due to absence at the meeting.
Commissioner Nutter moved to approve the February 25, 2004, minutes as presented.
The motion was seconded by Commissioner Schramm, and passed 7 - O.
PUBLIC HEARINGS
Chair Hewins indicated that those who testify must sign the "Sign In" log and affirm that their
testimony will be truthful to the best of their knowledge.
CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex in the
RS-7, Residential Single Family zone. (The applicant has asked for a continuation of this
item to April 14, 2004.)
Chair Hewins reopened the public hearing and noted a staff memorandum indicating that the
applicant has asked that the item be continued to the April 14, 2004, Planning Commission meeting.
Commissioner Schramm moved to continue the public hearing to the April 14, 2004, meeting
at 6 p.m. The motion was seconded by Commissioner Philpott and passed unanimously.
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Planning Commission Minutes
March 10,2004
Page 2
PRELIMINARY SUBDIVISION - DEKAY - East end of Scribner Road at Albert Street:
(This hearing is continued from February 11,2004.)
Chair Hewins reopened the public hearing.
Steve Zenovic, 619 South Peabody, Port Angeles, noted a resubmitted drawing that indicates
a j oint uti Ii ty/emergency ingress/ egress easement extending from the east end of the north cul-de-sac
to Thistle Street, and a twenty foot (20') easement has also been provided along the south property
line adjoining the adj acent property for the extension of utilities as directed by the Commission at
the previous meeting.
Mr. Zenovic responded to Commissioner Nutter regarding the planned stormwater system
and how the engineered system would discharge stormwater from the area. All runoff will be
directed to a subsurface detention system which will flow through the northwest comer of the site
to the City's existing stormwater system north of the site. Development runoff will not increase
stormwater from the site.
Commissioner Nutter continued to ask for clarification as to how storm water can be
predicted. Mr. Zenovic responded that when planning for a storm water system, you plan for a 25-
year rainfall event and therefore you over-engineer for the worst case scenario.
In response to Commissioner Nutter, Mr. Zenovic responded that the road crossing for Mill
Creek will be contained within the necessary right-of-way but such a crossing as yet has not been
designed because the applicant has not received preliminary approval and will not incur those
engineering costs until he is given preliminary approval for the proposal. A hydraulic permit will
be needed from the Washington State Department of Fish and Wildlife for the Scribner Road
improvement and crossing of Old Mill Creek.
Mr. Zenovic answered Commissioner Schramm with regard to a previous statement that the
City does not have sufficient right-of-way to develop Scribner Road to minimum standards in the
area in that a neighboring property owner has agreed to dedicate the additional 30' needed along the
south side of the existing right-of-way to provide the needed width for the road improvement. The
City has adequate width from Old Mill Road east to Mill Creek.
Mr. Zenovic responded to Commissioner Rasmussen regarding Old Mill Road standards in
that, given the current traffic volume, Old Mill Road is a substandard roadway. The proposed
subdivision will increase the road traffic by approximately 17%.
Commissioner Nutter continued questioning Mr. Zenovic regarding the stormwater drainage
engineering issues and indicated that traffic along Old Mill Road is also a concern. Mr. Zenovic
answered that the planned stormwater system will put additional stormwater into the existing system
but it will be a controlled flow where now the water has no system and is totally uncontrolled. While
the volume of stormwater leaving the site will not decrease, there will no longer be a peak flow
period so less water will be apparent.
Commissioner Schramm asked if staff could address the right-of-way issues along Old Mill
Road.
Jim Mahlum, Public Works Utilities and Engineering Department, responded that the City
does not have the necessary right-of-way to widen Old Mill Road to build to the City's roadway
standards. The width of Old Mill Road varies from 60' to 40' in width. A design to upgrade Old
Mill Road was on the books some twenty years ago that has since been taken offthe table and is not
in the currently in the City's capital improvement plans due to a lack of funding and building in the
area as compared to other areas ofthe City.
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Planning Commission Minutes
March 10. 2004
Page 3
Commissioner Schramm asked about the City's plans to upgrade the stormwater system in
the Canyonedge Drive area. If a storm water utility is imposed, more money will be available to build
funds for the redevelopment of previously developed areas where there is currently no mechanism
to put in new stormwater systems. There is currently no means with which to provide stormwater
improvements other than when new subdivisions are developed, and those new subdivisions should
not have to bear the burden of previous subdivisions that have inadequate drainage systems.
Director Co llins noted that the proposed plan does not show Albert Street as being improved
to the north limit of Lot 20, and should be extended so that the entire portion of Albert Street
adjacent to the subdivision is eventually improved. The improvement of Albert Street to the north
line of Lot 20 is not intended to encourage access to Thistle Street but is to ensure that when the west
side of Albert Street develops, that property owner will not have to complete the street improvement.
In response to Commissioner Hewins' question as to why the developer is not required to
improve Old Mill Road, Jim Mahlum answered that the entire burden of upgrading Old Mill Road
should not be placed on a single developer when the roadway is heavily used and greatly impacted
by properties located south of Scribner Road in the county that have no outlet other than Old Mill
Road. It should not be the total responsibility of City residents to upgrade the only roadway to all of
these properties but may have to be done by an LID. The developer will have to agree to a future
LID improvement to Old Mill Road just like any other property owner in the area.
Director Collins added that the developer will be required to improve the intersection of
Scribner Road and Old Mill Road as part ofthe road improvements required for the development.
Additionally, he noted that Lot 11 ofthe subdivision has been reduced in area to allow a legal access
to Coyote Run Lane, which is in the county but crosses the applicant's property. The applicant is
not sure how this encroachment went unnoticed for so long but is willing to provide legal access to
Coyote Run Lane residents in this manner.
Dave Neupert, 403 South Peabody, Port Angeles, spoke for Attorney Steve Oliver who was
unable to be present. Mr. Neupert summarized that the key points of concern are: (1) improvement
to Scribner Road; (2) significant drainage in the area; and (3) traffic on Old Mill Road.
Dave Becker, 5003 Old Mill Road, Port Angeles submitted a copy of a quit claim deed
indicating that his family owns 30' of Scribner Road which provides access to the City's water
reservoir, and that the City does not own the property but only has an ingress/egress easement for
access to the reservoir site. The 3D' is not for sale, and, as the property is not for sale, Scribner Road
cannot be widened to allow further,development or to provide for an upgraded road access to the
area.
Joyce Underwood, 5027 Soutll Coyote Run, Port Angeles presented a copy of the
conditions, covenants, and restrictions for a development on Woodhaven Lane within the City and
noted that lots along W oodhaven Lane are approximately one acre in area,
There being no further discussion, Chair Hewins closed the public hearing.
Commissioner Hewins commented that with regard to road development in suburban areas
where low impact development standards are proposed, cheaper roads doesn't necessarily mean that
the homes will be cheap or will not fit in with the area development.
Commissioner Rasmussen was concerned that the proposed subdivision does not follow a
logical progression of development. The property is isolated from more developed areas which he
considers spotty development and is not connected in a logical manner to other developed areas,
Additionally, he expressed concern about the safety of a pond that is located south ofthe road way
along Scribner Road. The City's current housing stock appears to be adequate to accommodate two
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Planning Commission Minutes
March 10. 2004
Page 4
to three year's growth before saturation so he questioned whether there is a need for so many new
lots? .
Commissioner Schramm pointed out that there is no motivating factor for developing roads
and stonnwater systems without new development. If property is never developed, improvements
will not be required. No one likes change but change is a reality that everyone lives through. New
development provides housing for families, is in the bettennent ofthe community, and will justify
and stimulate the City's expenditures in an area.
Commissioner Nutter was not willing to allow the proposed development without
improvements first being placed including drainage issues. She was concerned with the property
right-of-way ownership issue,
Commissioner Honnold was uncomfortab I e approving the preliminary without the ownership
issue spoken about by Mr. Becker being addressed.
Commissioner Hewins noted that this is a preliminary plat and conditions attached to the
preliminary approval will ensure that the required improvements will be made before the plat can
be finaled. Ifthe conditions cannot be made, the plat cannot be finaled. The proponent needs some
assurance that he can proceed, which is what preliminary approval will accomplish, and he will then
attempt to meet whatever conditions are imposed. The City feels that the right-of-way available
along Scribner Road will allow for the roadway improvement that many people who access their
properties from the road have testified needs to be made. However, without also requiring
improvement to Old Mill Road, he could not support the preliminary proposal.
Commissioner Nutter moved to direct staff to draft fin dings and con elusion s that wou Id
support a recommendation of denial ofthe preliminary subdivision. The motion was seconded
by Commissioner Rasmussen and failed 3 - 4 with Commissioners Nutter, Hewins, and
Rasmussen voting for the motion and Commissioners Schramm, Philpott, Norton, and
Honnold voting in the negative.
Commissioner Philpott stated that it is unfair to hold up development because the City hasn't
improved the main road system. He believes that the City should complete its road system to the
City limits so that development can more readily occur.
Commissioner Schramm moved to forward a recommendation of approval to the City
Council with an amended added condition requiring upgrade to Old Mill Road to the City's
standards for traffic and that the issue of right-of-way along Scribner Road be settled
favorably such that Scribner Road is improved per the City's low impact development
standards to Old Mill Road citing the following conditions, findings, and conclusions:
Conditions:
1.
The interior cul-de-sacs shall be curvilinear with access to Lots 1, 10, 11, and 20 only
from the cul-de-sacs, not from Albert Street. Albert Street and the interior cul-de-sacs
shall be improved to the City's low impact development standards including 20' of
asphaltic paving with a 4' walking path separated from the road way by a ditch
constructed to City standards. Emergency vehicle 20' all weather access road is to be
provided from Thistle to Eunice Street with the roadway barricaded in such a manner (to
be approved by Public Works and Utility and Fire Departments) as to prevent access from
the project to Thistle Street. The interior cul-de-sacs shall be named and dedicated to the
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Plan/ling Commission Minl/tes
March la, 2004
Page 5
City per the plat. Signage shall be placed on Albert Street, Scribner Road, and the
interior cul-de-sacs indicating that on-street parking is prohibited along both sides ofthe
streets. An additional 30' of right-of-way shall be dedicated along the south side of
existing Scribner Road such that Scribner Road shall be improved to the City's low
impact development standards including a 20' asphalt surface 10' each side of the
centerline with a ditch and 4' walking path along one side ofthe right-of-way to Old Mill
Road. The intersection of Scribner Road and Old Mill Road will be designed with an
improved vision clearance and Old Mill Road will be improved to City arterial street
standards,
2.
Fire hydrants shall be placed and spaced as required by the City's Fire Department to a
maximum 1000' of separation distance. Wording shall be placed on the final plat and
recorded with the County Auditor upon filing of the final subdivision indicating that all
residences shall be fitted with residential sprinkler systems prior to occupancy.
3.
Prior to final plat approval, an 8 inch water service shall be extended to the lots as
required by the Public Works and Utilities Department from Scribner Road along the
southerly right-of-way to Albert Street to the proposed lots and connecting to the existing
water main at ThistlelEunice Streets. Installation of a 6" water main to service Lots 1 -
10 shall be done with water main hot taps by City personnel or an approved contractor.
Water mains are to be within the City right-of-way or within an approved and dedicated
20' utility easement and off-site drainage easements will be required. A pressure reducing
valve will be required at the BP A crossing.
4. Electric utility service to the subdivision shall be underground and be coordinated with
other utilities in the trench.
5. Stormwater improvement plans shall be submitted for approval per the City's Urban
Services Standards and Guidelines and installed prior to final plat approval.
6. An 8" sanitary sewer main shan be installed within the City right-of-way approximately 5
off the centerline within the City right-of-way per the Public Works Department. Side
sewer lateral connections are to be 6" pvc and within the right-of-way with a 10'
horizontal separation from water services. 411 x 4" pressure treated posts shan be placed
at each end of the laterials, marked, and buried to a depth indicated on the post.
7. Building address numbers provided by the City's Building Division shan be placed on the
lots.
Findings:
1.
Preliminary approval is for a 20-unit subdivision submitted by Zenovic and Associates on
January 9, 2004, for Richard Dekay. The site is approximately 7.92 acres in size, nearly
rectangular in configuration and is located northeast of the intersection of Albert Street
and Scribner Road in the southwest quarter of the southeast quarter of Section 15, T 30 N,
R 6 W.W.M. The east and south lines of the subdivision form the City's property lines in
this location.
Planning Commission Minutes
March 10, 2004
Page 6
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2. The property was annexed to the City in 1991 with the condition that the previously
platted 75-10t subdivision be resubdivided to City standards prior to any sale ofthe
individual lots. The lots were previously platted while in the County as part of Fogarty
and Dolan's Second Addition. A 22 lot with an additional utility lot preliminary
subdivision was approved on July 5, 1995, but was not finaled within the five year time
period and so expired.
3. The site's east and south boundaries form the City's east and south City limits in this
location. The east and south portions of the site also border the Peabody Creek channel
and ravine and with the property owner being the Olympic National Park. The site slopes
to the northeast at approximately a 5% grade in the area. Peabody Creek in this area is
identified as a Type 3 creek in Section 15.20 ofthe City's Municipal Code which requires
a 100t non disturbance corridor. The most southeastern lot in the proposed subdivision is
located approximately 192 feet from the creek bed. If after clearing it is discovered that
any portion of the proposed lots contain the top of the creek ravine, a 25 foot non
disturbance buffer will be required for buildings.
4.
The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS-9) which allows a density of up to 9 units per acre. The proposed
drawing indicates that each lot in the proposed subdivision will be at least 9,000 square
feet in area.
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5. 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 of land use impacts
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 non through public and private streets with irregularly shaped lots, minimum 75-foot
front lot lines, and GO-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.
6.
Chapter 16.0S of the Port Angeles Municipal Code (pAMe) 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.
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7. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division ofland 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
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Planning Commission Minutes
March 10,2004
Page 7
subdivision and detennine 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.
8,
Section 16.0S P AMC requires that the final plat shall be submitted to the Community
Development Department within five years after City Council approval of the preliminary
plat. Said preliminary approval shall become void unless a final plat is submitted and
approved by the City within the five year period,
9.
The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the
proposed short plat. Their comments and specific conditions have been incorporated in
the Department's recommendation and conditions of approval. Water, power, garbage
pickup, telecommunications, sewer, and emergency services are available within
acceptable standards to the site or will be extended through conditions to the preliminary
plat.
10,
The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan land use map.
11. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service. The proposal has been reviewed with respect to the
Comprehensive Plan and the following 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.I, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy
A.3, A.6, B.I1, B.14, and B.18; Utilities and Public Services Element Policy C,2; Capital
Facilities Element Goal A, B, Policy B.1, B.3, B.4, B.S, B.6, B.7, C.2, C.3, C.4, and C.S.
12. The site is currently served by Old Mill Road and Scribner Road. Scribner Road is not
fully improved. Old Mill Road is a collector arterial and is a designated school walking
route but is not a designated bicycle route. The City's development standards will require
improvements to Scribner Road and the immediate access street - Albert Street - will be
required such that the final roadway is an improved width of 20' with a ditch and 4'
pedestrian walking path. A 20' all weather emergency access road is requested from the
City's Public Works and Utilities Department from Eunice Street to Thistle Street with
the roadway barricaded in such a manner that access from the project to Thistle Street is
not encouraged.
13.
The City's low impact development standards for suburban areas were adopted in 2003
with the understanding that subdivisions developed under the reduced standards would
not allow for on-street parking. Site development and design for residential lots
Planning Commissioll Minutes
MlIrch 10, 2004
Page 8
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20.
developed under the lower impact standards need to accommodate resident parking and
visitor parking on-site. Roadside ditches developed under low impact development
standards should be kept free of debris by adjacent property owners.
14.
The owner of a construction site where a total of five acres or more of land area is
disturbed that has a discharge of stormwater to a surface water or storm sewer system
must apply to the State Department of Eco]ogy for a General Permit for Stormwater
Discharge Associated with Construction Activities.
15.
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. Information will be filed with the plat identifying the requirement so that
property owners are aware of the requirement prior to purchase.
16.
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 had
no concerns as the school population is low.
17.
Property owners within 300 feet of the proposed subdivision were mailed notice of the
proposal on January 12, 2004. The property was posted on January 12, 2004, and
publication appeared in the Peninsula Daily News on January 15, 2004. Written
comments were received from ten area neighbors who do not favor development of the
property (comments are attached with this report). A significant change in the quality of
life that exists for neighbors in the sparsely developed suburban area is anticipated as well
as concerns relating to the expected impact to Scribner Road which is currently a narrow
gravel roadway. The extension of Albert Street north to the ThistlelRose Street area is
also of concern to at least one author as the ThistlelRose Street area contains
undeveloped, narrow, gravel, streets that are a significant concern without any added
traffic. The applicant does not propose an access to the Thistle/Rose Street area from the
subdivision.
18. The City's Parks Department responded that they are aware of the preliminary proposal
and although area is below the level of service standard for the area for parks, they do not
believe the level of service for the area will be hampered as a result of the proposed
development. The nearest public park play area is more than one-half mile from the site.
The Port Angeles High School is located north of the site more than one-half mile from
the site with the closest public elementary school being Jefferson Elementary SchooL
The nearest public playground area is at the Port Angeles High School.
19. The site will be serviced by the City's Police, Fire, and Public Works Departments and
phone service from Qwest. All utilities including potable water, sanitary waste, and
refuse collection are available in the area.
A previous Mitigated Determination of Non-Significance (MDNS #629) was issued for a
previous proposal to resubdivide the property into 22 lots and one utility parcel on June
Planning Commission Minutes
March 10, 2004
Page 9
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13, 1995. Mitigation measures were included to address needed road and water utility
upgrades. The current application resulted in the issuance of An Adoption of a Previous
Document and Determination of Nonsignificance on February 5,2004, without the
imposition of additional mitigation measures as the issues covered under the previous
MDNS were addressed by the applicant in the current application with conditions as part
of the preliminary approval. That DNS was withdrawn and reissued on March 9,2004,
following further review of traffic and stormwater issues in the area. This action satisfies
the City's responsibility under the State Environmental Policy Act (SEP A).
21.
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.
22.
The Port Angeles School District has been notified of the development to allow them to
plan for needed public school facilities and routes. A School District representative
indicated that the general school population is low at present.
Conclusions:
.
A.
As conditioned, the proposed short plat 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, and Chapter 58.17 RCW of the Washington State Subdivision Act
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. As conditioned, signage educating residents and visitors as to the prohibition of on-street
parking will ensure that interior streets remain passable for public safety situations where
on-street parking could prevent ease of passage for emergency vehicles and sight distance
safety issues.
E. 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 Norton. In discussion of the motion,
Commissioner Rasmussen responded to Commissioner Philpott that it is not logical to expect City
residents to pay for upgrading streets in support of illogical development. It is unfair to the City to
Planning Commission Minutes
MlIrch 10, 2004
Page 10
. expect residents to develop the roads when it's the developer's responsibility to fix the roads. That
is what he referred to earlier by a logical development sequence. The proposal results in a hopscotch
development.
Commissioner Nutter would vote against the motion because changes discussed prior to the
previous motion were not included in the current motion such as common use of a utility ditch. The
legal issue ofright-of-way needs to be resolved before a decision is made including the future impact
to Rhodes Road from the extension of Albert Street and use by unauthorized users and stormwater
issues are still a concern..
The motion was called for and passed 5 - 2 with Commissioners Philpott, Norton, Hewins,
Schramm, and Honnold voting for the motion and Commissioners Nutter and Rasmussen
voting against the motion.
Commissioner Nutter explained that her reasons for voting against the motion were because
changes this is not a logical development given the rural nature of the area and the amount of
undeveloped land between the site and other developed areas; and that improvement needs to be
made to Old Mill Road as well as Scribner Road if such a development were to be approved.
Commissioner Rasmussen agreed with Commissioner Nutter and included the potential danger
caused by the above grade pond located at the south side of Scribner Road as a reason to deny the
subdivision.
The Commission took a break at 7:30 p.m. The meeting reconvened at 7:35 p.m.
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CONDITIONAL USE PERMIT - CUP 04-02 - HATFIELD - 910 West Sixth Street:
Request for an accessory residential unit in the RS-7, Residential Single Family zone. (Item
withdrawn by applicant.)
Assistant Planner Roberds noted that Mrs. Hatfield had withdrawn her application in writing.
Commissioner Norton moved to accept the application withdrawal. The motion was seconded
by Commissioner Schramm and passed 7 - o.
CONDITIONAL USE PERMIT - CUP 04-03 - DeFRANG - 1314 South Cedar Street:
Request to establish a day care center in the RS-7, Residential Single Family zone.
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Assistant Planner Roberds reviewed the Department's report and responded to questions
regarding available parking for the proposed day care center. Chair Hewins opened the public
hearing.
Kim DeFrang, 1314 Soutll Cedar Street, Port Angeles, was in agreement with staff s report and
responded to Commissioner Philpott that she would arrive at the center at approximately 6: 15 a.m.
each work day morning. She also responded to Commissioner Nutter that if parking alongside the
building is not approved, or the off-site parking becomes unavailable, there is plenty of room at the
rear (west) ofthe structure, currently part of the fenced back yard, that can be converted to parking.
William DeFrallg, 386 Oxenford Road, Port Angeles, agreed with the previous speaker (his
wife) and added that they own the two neighboring houses west of the subject site and would
therefore be able to provide whatever parking is needed in the event the off-site parking at the
Steffan's becomes unavailable to them.
There being no further testimony, Chair Hewins closed the public hearing.
P/lInning Commission Minutes
March 10,2004
Page f 1
. Commissioner Schramm moved to approve the conditional use permit citing the following
conditions, findings, and conclusions:
Conditions:
.
1. The conditional use permit is approved for Kim DeFrang to conduct a day-care center for
up to 19 children, as licensed by the Department of Social and Health Services at 1314
South Cedar Street Monday through Friday, between the hours of6:30 a.m. and 6:30 p.m.
The conditional use permit is issued to Mrs. DeFrang and may not be transferred.
2. The applicant shall provide a minimum of one parking space for each employee (3) and
two parking spaces for pick-up and drop-off for a total of5 parking spaces. All parking
shall be improved to meet City standards. The applicant's proposal to utilize off-site
parking at 602 West Thirteenth Street is approved by the City's Engineering Department;
however, use of 1314 South Cedar Street as a day-care center is dependent on the
provision of the parking area and, in the future, if the parking is no longer available,
adequate parking will need to be provided for continued use of the site as a day-care
center. Parking identified on the site plan adjacent to the north wall of the subject
structure shall not be allowed.
Play areas shall be fenced and separated from the street, alley, driveways~ and parking
areas.
3.
4. All Washington State Department of Social and Health Services (DSHS) requirements
for the licensing of child care centers shall be met prior to occupancy.
Findings:
Based on the information provided in the Planning Division Staff Report for CUP 04-03 dated
March 10, 2004, including all information in the public record file, comments and testimony
presented during the public hearing, the Planning Commission discussion and deliberation, and
the above listed condition of approval, the City of Port Angeles Planning Commission hereby
finds that:
1. The applicant, Kim DeFrang, submitted a conditional use permit application to establish
a child day-care center on January 22, 2004.
2. The application is for a conditional use permit to convert an existing single family
residential structure in the RS-7, Residential Single Family zone to a child day-care
center.
3.
Section 17.17.08.020 - (C) of the Port Angeles Municipal Code defines a Child day-care
center as "a child day-care center provides for the care of 13 or more children. The
child day-care center shall not be located in a private family residence unless the portion
of the residence where the children have access is used exclusively for the children
during the hours the center is in operation or is separated from the ususalliving quarters
of the family,"
The subject property is located at 1314 Cedar Street between West 13111 and West 14111
.
4.
Planning Commission Minutes
March 10. 2004
Page 12
.
.
.
Streets. The property is legally described as the north one-half of Lots 19 and 20, Block
392 TPA. The site measures 70 by 100 feet in size and is approximately 7,000 square
feet in area.
The subject property contains an existing one story single family residence that has
approximately 920 square feet of floor area for a total lot coverage of 13%.
The property is zoned RS-7, Residential Single Family. Properties in the area are zoned
RS-7 and PBP, Public Buildings and Parks.
If the proposed use complies with certain definitions and the design and performance
standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning
Code.
P AMC l4.30.030(E) requires 1 parking space per employee and 2 parking spaces for
pick-up and drop-off of children for child day-care center serving more than 12 children.
The City's Parking Ordinance requires parking spaces to be a minimum of8.5 by 18 feet
in length. The applicant proposes 3 employees for the activity which will require a total
of five (5) off-street parking spaces. Neighboring property owners, Mr. and Mrs. Ken
Steffan, who reside directly across the 13/14 Alley from the site, have offered five (5)
graveled parking spaces that are otherwise separated from the Steffan residential use by
a block wall, for the day-care use. Two (2) parking spaces are identified on the site plan
adjacent to the north wall of the subject structure, however, such a drop-off zone located
at the corner of a dead end street would result in traffic either backing into Cedar Street
or making a turn in the alley, neither of which are encouraged.
9. The site is located in the South Central Planning Area and the Comprehensive Plan map
designates the site as Low Density Residential (LDR). Adjacent designations include
LDR to the north, west, south, and southeast with OS, Open Space, to the east.
10. The City's Comprehensive Plan and Land Use Map were reviewed with regard to the
proposal and Land Use Element Policies A.2, C.l, and D.I, and the Utilities and Public
Services Element Policy B.3 (identified in Attachment "C" to the March 1 0,2004, staff
report) were found to be most relevant to the application.
5.
6.
7.
8.
11. A Determination of Non-Significance was issued for this proposed action on March 10,
2004.
12. Public notice was placed in the Peninsula Daily News on February 24,2004, with notice
mailed to neighboring property owners and posted on the property. No written comments
were received during the public comment period.
13. The State Department of Social and Health Services' regulations require upgrade to
restroom facilities in order to allow more than 15 children. The applicant stated that if
such upgrades are made, she intends to increase from 15 to 19 children but without the
upgrade, a maximum of 15 children will be allowed at the center.
Planning Commission Minutes
March 10, 2004
PlIge 13
. Conclusions:
Based on the information provided in the Department Staff Report for CUP 04-03 dated March
10, 2004, including all of the information in the public record file, comments, and testimony
presented during the public hearing, the Planning Commission's discussion and deliberation, and
the above listed condition of approval and the above listed findings, the City of Port Angeles
Planning Commission hereby concludes that:
1. As conditioned, the proposal is consistent with the intent ofthe Comprehensive Plan's
Low Density Residential Land Use Designation and the Comprehensive Plan's land Use
Element Policies A.2, C.l and D.l and the Utilities and Public Services Element Policy
B.3.
2. The Comprehensive Plan allows for subordinate and compatible uses within different
zones including residential zones. It also specifies that child day-care centers should be
allowed in certain zones by conditional use.
.
The proposed use is consistent with the purpose and intent of the RS-7 zone as it is
compatible with adjacent residential uses, in that family child care needs will be served.
Theproposal as conditioned complies with definitions, design and performance standards
set forth by the City's Zoning Code and can be deemed consistent with the Zoning Code.
4. As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMC 17.96.050.
5. As conditioned, the proposal is consistent with the City's Parking Ordinance, PAMC
14.40 for day-care center activities.
6. As conditioned, the proposal is in the public use and interest.
3.
The motion was seconded by Commissioner Philpott and passed unanimously.
OTHER BUSINESS:
Change in Planning Commission Bylaws Article IV - Meetings: Amending the
regular meeting time to 6 p.m.
Assistant Planner Roberds noted that in order to amend the Commission's Bylaws, such intention
must be discussed and forwarded to the next meeting for action. The Commission agreed that both
the meeting time and content of the month's meetings should be changed. The item will be acted
upon at the March 24,2004, regular meeting.
.
COMMUNICATIONS FROM THE PUBLIC
None
.
.
.
Plallning Commissioa Minll1es
March 10, 1004
Page 14
STAFF REPORTS
Director Collins discussed a population trend memorandum prepared by Associate Planner Scott
Johns in preparation of amendment to the City's Comprehensive Plan and discussed the
Comprehensive Plan amendment process thus far. He indicated that the Council's public hearing
for consideration of amendment to the City's parking regulations is scheduled for March 16,2004,
and that the City Council's Community Economic Development Committee will meet to review its
recommendation regarding proposed parking amendments on March 12,2004.
REPORTS OF COMMISSION MEMBERS
Commissioner Rasmussen distributed news articles regarding an issue that he had been involved
with regarding conditions, covenants, and restrictions placed on a housing development that he
resided in while in California.
Commissioner Nutter will not be available for the March 24, 2004, meeting.
Commissioner Philpott does not think it appropriate for the City to strangle development by not
encouraging growth because of poor infrastructure development. Commissioner Hewins responded
that whi Ie the City is responsi b Ie for providing needed infrastructure development and improvement,
not all citizens should pay over and over for expansion of the City. Some community participation
is needed but development should generally be the responsibility of those developing areas.
Director Collins joined in by stating that the City does not do general bonds for street
improvements. When there is a good deal of growth in an area LIDs work best.
ADJOURNMENT
The meeting adjourned at 8:35 p.m.
i;~
Fred Hewins, Chair
~ec~
PREPARED BY: S. Roberds