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HomeMy WebLinkAboutMinutes 03/26/1997 . . . HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 March 26,1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: February 26, 1997 and March 12, 1997 IV. PUBLIC HEARING: . 1. MUNICIPAL CODE AMENDMENT - MeA 97-01 - City wide: Consideration of three amendments to the Port Angeles Municipal Code: (1) to allow social service agencies by conditional use permit in the RMD, Residential Medium Density, and RHD, Residential High Density zones; (2) to allow for minor deviations of development standards in association with construction projects that are within the intent of the Code and the City's Comprehensive Plan; and (3) to consider revision to Section 17.08,065ItL" (lot coverage definition) to refer to only those structures that require building permits. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSION: Tim German, ( Chair), Dean Reed (Vice), Bob King, Cindy Souders, Linda Nulter, Mary Craver, Martie Lucas. STAFF: Brad Collins, Direclor, Sue Roberds Planning Specialist, David Sawyer, Senior Planner. . . . All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chair may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chair. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 26, 1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter~ Cindy Souders, Bob King~ Dean Reed, Mary Craver, Martie Lucas Member Excused: Tim German Staff Present: Brad Collins, David Sawyer, Sue Roberds, Dan McKeen Public Present: None APPROVAL OF MINUTES Commissioner Souders moved to approve the February 26,1997, minutes. The motion was seconded by Commissioner Nutter and passed 4 - o. Commissioner Craver abstained due to her absence at the meeting, and Commissioner Lucas, because she was not a member of the Commission at that time. Commissioner Nutter moved to approve the March 12,1997, minutes with a correction to page two in the reference to the Lutheran Metho.disJ Church being in the neighborhood as noted by Commissioner Reed. The motion was seconded by Commissioner King, and passed 6 - O. PUBLIC HEARINGS: MUNCTP AL CODE AMENDMENT - MCA 97-01 - City wide: Consideration of three amendments to the Port Angeles Municipal Code: (1) to allow social service agencies by conditional use permit in the RMD, Residential Medium Density, and RHD, Residential High Density zones; (2) to allow for minor deviations of development standards in association with construction projects that are within the intent of the Code and the City's Comprehensive Plan; and (3) to consider revision to Section 17.08.065"L" (lot coverage definition) to refer to only those structures that require building permits. Senior Planner David Sawyer reviewed the Planning Department's memorandum and explained the proposed amendments in detail. Vice Chair Reed opened the public hearing. There being no one to speak to the proposals, the hearing was closed. A lengthy discussion began regarding the staffs proposal to allow for minor deviations of certain standards in the event that an exception is requested by a property owner. The Commission felt . . . Planning Commission Minutes March 26. 1997 Page 2 strongly that in the event a variance from the set standards is requested adjacent property owners should be notified and their concerns given consideration in any decision making process in order to ascertain whether a proposed deviation would result in a negative impact to a neighborhood. Planner Sawyer provided examples of situations where a variance from a development standard was desired and processed through the City's Board of Adjustment that could have been addressed in a more expedient and less costly manner if the proposed amendment had been in place. He described a proposal where a church needed to exceed the maximum height allowed in a residential zone to allow for an elevator structure to meet handicapped accessibility requirements, and a situation where a handicapped individual desired to construct an attached garage to aid in her security needs that was closer to a property line than would have been allowed, The minor deviation allowance is intended to be narrowly construed and not approved without substantiation of the need. Approval could be given by the Planning Director following notification of adjacent property owners with the proposed amendment. In regard to the second component of the proposed amendment, to allow social service agencies by conditional use permit in the Residential Medium Density (RMD) zones, Commissioner Souders announced that she is a member of the Serenity House Board of Directors. There were no objections to her continued participation in the discussion and action from anyone present. Commissioner King moved to forward a recommendation of approval for the minor deviations proposal as proposed by staff with the following conditions: Conditions.: I. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Planning Director in accordance with the provisions of this section. 2. A minor deviation may be granted if all ofthe following findings are made. A. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. B. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. C. The minor deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. D. The minor deviation is not greater than ten percent (10%) of the requrement being deviated, E The site has been posted and the adjacent property owners notified at least fifteen (15) days prior to approval of a minor deviation. . . Plal/ning Commissiol/ Mil/utes March 26, 1997 Page 3 The motion was seconded by Commissioner Souders and passed 6 - O. Following brief discussion regarding the proposal to allow social service agencies by conditional use in the Residential Medium Density (RMD) and Residential High Density (RHD) zones, Commissioner King moved to recommend that the City Council approve the amendment as proposed. The motion was seconded by Commissioner Craver and passed 6 - O. The final portion of the proposed amendments was then discussed. Staff explained that the long standing policy based upon the definitions and requirements of Chapter 17 (Zoning) of the Municipal Code is to consider all structures that exist on a property to be calculated toward the allowable lot coverage that are higher than thirty (30) inches from grade. This definition coincides with standards set by the Uniform Building Code for structures. A request was made by a staff member to review this procedure to determine whether or not it goes further than is intended. It was determined that the standard "structures higher than thirty (30) inches off the ground" are intended to be those uses that are covered by an impervious roof whether or not a building permit is required. It was understood that there may be incidental uses that occur which are not meant to be permanent uses, i.e., a children's play house, dog house, and there may be incidences where these short term uses cause lot coverages to be exceeded while they exist. Staff reported that in such cases it is unlikely that any action would be taken to require the uses to be removed unless a neighbor reports a concern. The most important concern is that permanent structures do not exceed lot coverage and are taken into consideration when new additions or buildings are proposed. Commissioner Reed pointed out that as a neighborhood develops, property owners have some assurance of a development standard based upon regulations in place at the time property purchases are made. If development standards are then relaxed at a future date, a potential that those development expectations will not be fulfilled occurs with no recourse for adjacent or neighboring property owners who may have based their purchasing decisions on those altered established standards, Following lengthy discussion, Commissioner Souders stated that she did not agree that a modification to the existing calculation methods is needed. The Commissioners agreed with the exception of Commissioner Craver, who stated that the current calculation appears to be too restrictive. Commissioner Souders moved to concur that there is not a need to amend the method by which lot coverage is calculated by staff at this time. The motion was seconded by Commissioner King and passed by a 5 - 1 majority, with Commissioner Craver voting in the negative as she considered the policy too restrictive. Commissioner Nutter moved to accept staff's proposed findings and conclusions as follows for the amendments relating to minor deviations and social service agencies in support of those actions: . Findings.: 1. The City's Comprehensive Plan Land Use Policy C.I states: .. . . Planning Commission Minutes March 26.1997 Page 4 "Residentialland should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed ofhigh, medium, or low density housing. /I 2. An Adoption of an Existing Environmental Document was issued for the proposal on March 18, 1997. 3. The proposed amendments are to authorize adminstrative 10% minor deviations from front, side and rear yard setbacks, height, and lot coverage requirements, clarification of lot coverage restrictions, and the allowance of social service agencies providing 24-hour residential care as a conditionally permited use in the RMD and RHD zones. 4. The proposed minor deviation amendment does not change any actual development standards. 5. The state has adopted a stand on regulatory reform and need to respond expediently. Conclusions; A. The proposed Zoning Code Amendment is consistent with Comprehensive Plan Land Use Policy C 1. B. The Zoning Code Amendment is in the public use and interest. C. The proposed minor deviation amendment is intended to make the Zoning Ordinance more user friendly and at the same time retain the integrity of each zone's purpose and effectiveness. D. The proposed lot coverage definition and social service agencies providing 24-hour residential care conditional uses are consistent with past Departmental interpretation and Planning Commission decisions. The motion was seconded by Commissioner King, and passed 6 - O. Commissioner King then moved to recommend amendment to the definition section of the Port Angeles Municipal Code with the addition of the following to Section 17.08.015 "B": ~.uilding,jnclttentaL.=....a~tructure whiclLis-Dn the sameJot-.auhe principaLb.uilding b.uLdo.es-Bot...J:.e.quir.e-.aJ>.uildin&-pennitIr.om the City ollort Angeles." Commissioner Souders seconded the motion for discussion. Commissioner Craver noted that the definition may not be needed due to the clarification provided in the amendment recommended to Section 17.08.065 regarding lot coverage. The Commission agreed with the comment and Planning Commission Minutes March 26,1997 Page 5 . Commissioners King and Souders agreed to withdraw both the motion and the second. Commissioner Nutter moved to recommend that the defmition of "lot coverage" contained in Section 17.08.065 ofthe PAMC be amended for clarification purposed as follows: " Lot eoverage - the amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings areas which are partially or totally enclosed and covered by an impervious 'Weathertight roof 0) bellis so ucture, including any garages, carportsJ covered patios and cantilevered portions of a building, and structures covered by an impervious wate) tight roof 01 tl ellis even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does it include uncovered decks and porches not higher than 30 inches off the ground. " The motion was seconded by Commissioner Souders~ Discussion followed between the Commissioners as Commissioner Craver felt the policy of calculating structures over 30" as lot coverage. Commissioners Souders pointed out that the procedure is no different with the proposed wording than is now practiced but the amended wording will clarify current procedure. On call for the question, the motion passed by a majority of 5 - 1 with Commissioner Craver voting in the negative because she sees the intent to calculate all structures, including incidental structures, as being too restrictive. . COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Staff reminded the Commissioners of the invitation to attend a short course on planning issues sponsored by the Clallam County Department of Community Development scheduled for March 31, 1997,6:30 p.m. REPORTS OF COMMISSION MEMBERS Commissioner King reported that he would not be in town for the April 9 meeting. ADJOURNMENT The meeting adjourned at 9:10 p.m. . PREPARED BY; S. Roberds