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HomeMy WebLinkAboutMinutes 04/14/2004 o ~ :~ ~ Fr.. .0" DTr).l.' Nl'Gr .E.'.L...E....S.' 1 )! '.l\.. Jl / ! . . 'r : i: :;'" I ~- lY.'.. .... .'- ..'....) .n..: n:_;.~i 11 j' . ___., ._.: ____.._.1 WAS H IN G TON, U. S. A.- DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street April 14,2004 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of March 24, 2004 . . IV. CONTINUED PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex in the RS-7, Residential Single Family zone. (Continued from March 10,2004.) 2. STREET Y ACATION PETITION - STY 03-05 - DeFRANG. Portion ofWoolcott Street located between East Fourth Street and the 4/5 Alley_ (Continued from March 24, 2003.) PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-01 - PORT OF PORT ANGELES. 800 Block Marine Drive: Request for a permit to allow the addition of handicapped restroom facilities in the east Port Angeles Boat Haven. 2. PRELIMINARY SUBDIVISION - VINCENT - Milwaukee DrivefWest Tenth Street: Request for preliminary review of a 12 unit subdivision in the RS~9, Residential Single Family zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS ADJOURNMENT . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 14, 2004 6:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Fred Hewins, Linda Nutter, Dylan Honnold Members Excused: Chuck Schramm, Leonard Rasmussen Staff Present: Brad Collins, Sue Roberds, Jim Mahlum, Ken Dubuc Public Present: Darrel Vincent, Susan Bauer, Johnie Key, Ralph Schmidt, JoDee and Doug Ahmann, Christine Brown, Fred and Carol Royce, Mardel Xavier, Steve Zenovic, Fred DeFrang APPROVAL OF MINUTES Commissioner Philpott moved to approve the March 24, 2004, minutes as presented. The motion was seconded by Commissioner Norton and passed 5 - 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 oftheir knowledge. CONDITIONAL USE PERMIT - KEY - 330 Park Avenue: Proposal for a duplex in the RS-7, Residential Single Family zone. (Continued from March 10,2004.) Assistant Planner Sue Roberds reviewed the Department Report recommending approval of the conditional use permit with conditions addressing access and site development. Director Collins added that the area described as the "bonus room" on the site plan should be developed as a bedroom and then if such a conversion is desired the construction will already be in place. Chair Hewins opened the public hearing. Jo/mie Key, P.O. Box 2151, Port Angeles, agreed with staffs analysis and was present for questions. Fred Royce, 325 West Columbus Avenue, stated that although he was initially concerned that access to a duplex would negatively impact the ColumbuslPark alley, upon review of the site plan and discussion with. staff, he now understands that primary access to the duplex will be from West Park Avenue. He hoped that development of the duplex would complement existing development in the area and appreciated Planning staffs assistance in trying to work with the neighborhood on the issue. It would be wonderful to see a nice big home on the double lot but the property owner has stated that he will either develop a duplex or two single homes, and given that choice, the duplex is preferred. . . . Plllnning Commission Minutes April /4, 1004 PlIge1 Ralph Schmitt, 334 West Columbus A ven ue, located in the area 30 years ago due to the rural area and dead end location and would prefer that one home be built on the two lots to continue a lower density development in the area but would support a duplex rather than two single family homes on the subject property. He stated that there are more then three duplexes in the area as was stated in staffs report. He also hoped the duplex development would be upper scale and blend in with the neighborhood. He was concerned that some filling had occurred on the site that would need to be reviewed to support a structure. Christy Brown, 315 West ParkA venue, spoke of her concern that access to the proposed site is at present undeveloped. Development of the proposed duplex would result in 40% of the development in the are being duplexes. She hoped that the property owner would build single family homes on the sites and stated that development ofthe furthest west lot would be difficult being close to the Valley Creek ravine walL In response to Commissioner Nutter, Mr. Schmitt confirmed that existing duplexes in the area are 25 - 30 old. Assistant Planner Roberds noted that given the age ofthe duplex developments, no City records exist and no land use permits were issued. The duplex development noted in the staff report reflected information that is in City records and or was immediately apparent by a site visit. Mr. Schmitt also responded to Commissioner Nutter that he wasn't actually certain that additional soil had been placed on the site, it may have just been that grading made it appear that filling had been done. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Philpott moved to approve the conditional use permit for a duplex with the following conditions, and citing the following findings and conclusions: Conditions: I. The applicant shall meet all permitting and utility requirements including the provision of four off-street parking spaces, two (2) for each duplex unit for a total of four (4) parking spaces. 2. Building location, setbacks and lot coverage for the duplex shall be as shown in the site drawing submitted for Conditional Use Permit application (CUP 04-01). The proposed duplex units wi11 each contain 1111 square feet with in area with covered parking and lot coverage of 18%. 3. Primary access to the site shall be developed from Park A venue with secondary and utility access only from the alley. Parking spaces shall not be accessed from the alley. 4. Prior to any construction or further clearing on the site, the 25' environmentally sensitive area buffer from the top of the ravine shall be delineated, with signage and a split rail wooden fence to identify the sensitive area. 5. A Zoning Lot Covenant combining Lots 11 and 12 shall be required prior to issuance of a building permit for the duplex. Planning Commission Minutes April /4, 2004 PlIge3 . Findings: . . 6. The bonus rooms shall be upgraded to permit an optional first floor bedroom in each unit. Based on the information provided in the Community Development Staff Report for CUP 04-01 dated April 14, 2004, including an information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Johnnie Key submitted Conditional Use Permit application CUP 04-01 to establish a duplex use at 330 West Park Avenue on January 2,2004. Mr. Key is the owner of the subject property and the property directly east of the site (Lot 13). 2. The proposed site includes Lots 11 and 12, Block 38 Fogarty and Dolan's Addition to Port Angeles. The proposal will require the 50' x 124.99' lots to be combined into one building site for a total site area of 12,499 square feet and building lot size of 100' x 124.99'. 3. The site is zoned RS-7, Residential Single Family. Duplex uses are allowed by conditional use permit per Section 17.10.040(H)P AMC. Section l7.1O.050(C) Table "A" ofthe P AMC provides development standards for conditional uses in the RS-7 zone. Duplex uses require a minimum lot width of 75 feet and a minimum lot area of 10,500 square feet in the RS-7 zone. 4. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations are LDR. The site is located in the City's South Central Planning area. The subject site is located at the west end of Park Avenue terminating at Valley Creek. The neighborhood is composed of several large lots with the majority of platted lots being similar to the subject lots at 50' x 125' in size. 5. Section 17.08.025(1) PAMC defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed shall always be included for each dwelling unit." 6. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses 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 appli cation the Planning Commission may impose whatever restricti ons or condi tions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Established City policy requires that duplex uses be scattered throughout single familyresidential neighborhoods and that impacts Planning Commission Minutes April 14, 2004 Page 4 . . . of each proposed duplex be evaluated to determine if the 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. 7. While the City's Comprehensive Plan allows duplexes to be developed in residential single-family areas, nowhere in the City's development standards is there written criteria that provides a guideline as to where and at what density duplexes may be developed in RS-7 zones other than as specified in Table "An of the Port Angeles Municipal Code which only defines minimum setbacks and lot size. Duplex development is decided on a case by case basis by conditional use permit with several issues being considered in that decision, Consideration should be given to the impact of traffic patterns, the particulars of a proposed property, other uses in the neighborhood, density, and roads in an area in determining if a duplex is an appropriate development in the RS-7 zone. 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A and Policy A.2; Land Use Element Goal B, and Policies B.l and B.4; Land Use Element Goal C and Policies C.l; Housing Element Goal A and Policy A.6, and Goal B and Policy B.6; Transportation Element Policy B.l; Conservation Element Goal A and Policy A.I, GoalB andPoliciesB.l, 2, 4, 5, 8, and Objectives B.3, 4, and 7; Capital Facilities Element Policies B.l - 7, and Housing Element Policy B.5 were found to be most relevant to the proposal. 9. The southwest comer ofthe site contains an envirorunentally sensitive area which is the top of the bank of the Valley Creek ravine. Development of the site must be in accord with Section 15.20 ofthe PAMC which contains standards for development of properties that contain envirorunentally sensitive areas. A minimum 25-foot setback shall be observed from the identified top of the ravine and the area shall be delineated with a split rail fence. 10. Residential uses require certain access requirements and street improvements for emergency and standard access purposes. Park Avenue must be extended to service the primary access point ofthe development (Lot 12). Residential development on Lot 11 (the most west lot) would require a roadway extension to the west lot. 11. P AMC 14.40. 060(D) requires 2 off-street parking spaces perresidential dwelling uni t City wide. 12. Setbacks in the RS-7 zone for single family development are 20' front and rear, T each side, 25' from an environmentally sensitive area, and a maximum lot coverage of30%. Proposed setbacks for the duplex development are 47' from the top of the ravine (west side yard), 50' from Park Avenue (front yard), 35' from the rear yard, 7' from the east side yard, and 18% lot coverage. . Planning Commission Minutes March 24. 1004 PlIge5 13. 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. 14. A 1950's duplex is located one lot east ofthe subject property with access to Park Avenue which dead ends at the subject site at the Valley Creek ravine. The duplex was not developed with a conditional use permit and the City has no records of its construction. Other uses in the area are single family with several properties being larger than ~ acre in area and undeveloped. The Port Angeles High School is located four blocks east of the site. A duplex was approved by conditional use permit in 1975 and is located three blocks east of the site at the corner of East Park Avenue and Laurel Street. 15. Reviewing City Departmental comments were considered in the review of this application. The proposed activity will require a valid building permit and the installation of separate water and electrical meters. 16. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on January 9,2004. Public notice was mailed to property owners within 300 feet of the subject property on January 5, 2004. Written comments were received from four neighbors in opposition to the duplex proposal based on a duplex already being in the block and issues relating to traffic and property values. All but one of those comments were rescinded by the neighbors as site development and conditions of approval are proposed to mitigate concerns. One neighbor, the Browns, remain in opposition to the duplex due to a concern of property values in the area and the existing duplex use. . 17. A Determination of Non-Significance was issued for this proposed action on April 5, 2004. 18. The Planning Commission opened a public hearing on the proposal at the February 11, 2004, regular meeting, and continued the item to the March 10, 2004, regular meeting at the request of the app'licant. On March 10, 2004, the public hearing was further continued to April 14, 2004, at the request of the applicant who had been discussing the duplex proposal with neighbors. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 04-01 dated April 14, 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 conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: . 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; Land Use Element Goal B, and Policies B.l and B.4; Land Use Element Goal C and Policies C.l; . Planning Commission M;/wtes March 24. 2004 Page 6 Transportation Element Policy B.1; Housing Element Goal A and Policy AI; Housing Element Goal B and Policy B.6; Conservation Element Goal A and Policy AI, Goal B and Policies B.l, 2, 4, 5, 8, and Objectives B.3, 4, and 7; and Economic Development Policy B.5. The Plan specifies that multi- family residential units should be allowed in certain zones by conditional use approval in order to provide a variety of, and adequate, affordable housing and also encourages clustering of residential development where necessary to protect environmentally sensitive areas while preserving the rights of private property ownership. The Plan's residential goals and policies indicate that a mix of uses is acceptable and even expected when desired densities are maintained. In this instance, although there is another duplex within the same block, the development of the proposed duplex would not increase the density allowed in the area and would in fact require a building site that protects the environmentally sensitive nature of the particular lot. Conservation Element goals of the Plan encourage development to be compatible with physical features and complement the environment in which it is placed while recognizing the rights of private ownership. 2. The proposed use complies with Section 17.1O.040(H) (RS-7 Zone) of the Port Angeles Municipal Code and, as conditioned, the proposal is consistent with development standards for duplex uses in the RS-7 Zone. . 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. 4. The proposal is consistent with Section 14.40.060(D) PAMC (parking Ordinance). 5. As conditioned, the proposal will provide an alternate housing opportunity in compliance with established building and zoning standards. 6. Approval of the conditional use permit will require the consolidation of the two lots into one building site rather than allowing development of two individual single- family residential units in the neighborhood. Furthermore, the approved site plan indicates that the residential structure will be placed entirely on the most east lot (Lot 12) and further from the environmentally sensitive area than is required, and therefore, the proposed use allows for more restrictive site development than what would be permitted in standard single family residential development. Additionally, the required lot combination does not require the extension of Park Avenue beyond the most east lot (Lot 12) because no development is planned beyond (west of) Lot 12. 7. As conditioned, primary access to the property is restricted to Park Avenue rather than from the alley which will address certain neighborhood concerns with regard to increased alley traffic and therefore, the proposal is in the public interest and is supported by neighbors in the area. . 8. As proposed, combination ofthe two platted lots into one building site will allow for greater setbacks and for a reduced lot coverage from that which would be allowed for standard single family residential development in the RS-7 zone. . . . Planning Commission Minutes April 14, 2004 Page 7 The motion was seconded by Commissioner Norton and passed 5. O. STREET Y ACATION PETITION - STY 03-05 - DeFRANG. Portion ofWoIcott Street located between East Fourth Street and the 4/5 Alley. (Continued from March 24, 2004.) Director Brad Collins reviewed the Department Report recommending approval ofthe right- of-way vacation as proposed, Director Collins, Assistant Planner Roberds, and Engineer Mahlum responded to questions regarding the Public Warks and Utilities Department requirement for a sewer line easement and what construction activities would be allowed within that easement area. Chair Hewins opened the public hearing. Steve Zenovic, 519 South Peabody, responded as to his understanding ofthe encroachments that would be allowed within the sewer easement and had no further questions. There being no further testimony, Chair Hewins closed the public hearing. Following discussion as to the buildable area and the site location, Commissioner Philpott moved to recommend approval of the vacation citing the following conditions, findings and conclusions in support of the recommendation: Conditions: 1. A sensitive area tract, as prescribed in Chapter 15.20 PAMC, shall be established for any portion of the subject lot that is located within the ravine and/or its buffer. 2. A 20' easement shall be retained over the existing sewer line. Construction within the easement shall not occur except roof eaves may be allowed to overhang the easement no more than 36 inches. Findings: 1. A valid petition requesting the vacation ofthat portion of unused right-of-way known as Wolcott Street located south of East Fourth Street between East Fourth Street and the 4/5 Alley was submitted to the City of Port Angeles on December 22,2003, by Mr. and Mrs. Fred DeFrang. The property is described as abutting Lot 9, Block 183, and Lot 1, Block 182, Townsite of Port Angeles, which are owned by the petitioners. 2. The site is zoned RS-7, Residential Single Family and is adjacent to property zoned PBP, Public Buildings and Parks, due to the location of White's Creek Ravine. 3. The subject right-of-way is undeveloped but does contain a sewer line situated in approximately the center of the right-of-way extending the entire length of the property. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. The site is designated LDR, Low Density Residential, on the City's Comprehensive Plan Land Use Map with the adjacent property being designted Open Space (OS). Growth Management Element Goal A and Policies 1, 1 a, and 16; Land Use Map Goal, Policies, and Objective Goal A and . . . Plallning Commission Minutes April 14, 2004 Page 8 Policy 2, Policy B.2; Conservation Element Goal A and Policy Al and A2, Goal B, and Policies B.l, B.2, B.4, and B.8; Residential Goals and Policies Goal B and Policy 4; and Open Space Goals, Policies, and Objectives Goal I, Policy 2 were found to be relevant to the petition request. 5. The City Council's Real Estate Committee met on February 16,2004, to establish a value for the unopened right-of-way. The subject right-of-way is 9,800 square feet in area of which 4,000 is partially buildable based on topographic and sewer line easement constraints which diminishes the buildable area to approximately 2600 square feet. That area of the site that is unbuild able was valued at $.20/square foot with the build able area being valued at $2.66/square foot. 6. A geotechnical review was conducted on the site by Zenovic and Associates in 2003. A substantial ecology block wall must be constructed to support minimal development on the site. An environmentally sensitive areas review will be required prior to any work in the area of the environmentally sensitive area buffer (that area at the top ofthe White's Creek Ravine) that is contained on the site. 7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 8. City departments reviewed the petition and had no concerns regarding the right-of- way vacation with a condition that a sewer line easement be retained. Those comments were included in the conditions recommended for approval of the vacation. 9. The site was posted and required publication appeared in the Peninsula Dailv News on March 5, 2004. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on March 24, 2004. 11. This action constitutes a recommendation to the City Council. 12. The City Council set a hearing date by resolution establishing a public hearing date for consideration of the petition request for April 20, 2004. Conclusions: A Traffic patterns on surrounding streets and utility services will not be negatively impacted by the vacation. B. Low density residential development patterns in the area will not be affected by the proposed vacation. Development of the lot which contains an environmentally sensitive area is minimized by the site's topography and the encumbrance of a sewer line easement that traverses the site from south to north. The right-of-way will be incorporated with the residential building lot to the east which will enlarge that . Planning Commission Minutes April 14. 2004 Page 9 C. residential building area as the site cannot be developed as a stand alone residential lot due to the topography and sewer line easement. The proposal is consistent with the goals and policies of the City's Comprehensive Planl specifically Comprehensive Plan Growth Management Element Goal A and Policies 1, 1.a, and 16; Land Use Map Goal, Policies, and Objective Goal A and Policy 2, and Goal B, Policies B.1, B.2l B.4, and B.8; Residential Goals and Policies Goal B and Policy 4; and Open Space Goals, Policies, and Objectives Goal I, Policy 2. D. As conditioned, vacation ofthe property will ensure that site development observes the City's regulations as they relate to the development of properties that are considered steep slopes, are environmentally sensitive, or are needed for public use while placing the right-of-way on the City's tax roles and is therefore in the public interest. Commissioner Honnold seconded the motion which passed 5 - o. . SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 04-01 - PORT OF PORT ANGELES. 800 Block Marine Drive: Request for a permit to allow the addition of handicapped restroom facilities in the east Port Angeles Boat Haven. Assistant Planner Roberds reviewed the Department report recommending approval of the shoreline permit with conditions. Chair Hewins opened the public hearing. Susan Bauer, Environmental Manager for tlte Port of Port Angeles, 338 West First Street, was present but had no questions or further testimony. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Nutter moved to approve the shoreline substantial development permit with the following conditions, supported by the following findings and conclusions: Conditions: 1. The proposal shall meet all requirements of the Port Angeles Municipal Code including fire code, building code, and utility requirements. 2. Any signage shall be consistent with Chapters 4 and 5 of the City's Shoreline Master Program. 3. Construction and subsequent maintenance activities shall utilize best management practices. 4. If construction involves land disturbance and if the subject site has not been previously inventoried, evaluatedl and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department of Community Development. This team shall determine the extent of excavation monitoring for the project during the permit review . . . . PllIrming Commission Minl/tes April J 4. 1004 Page JO process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision ofthe cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. Findings: Based on information provided in the April 14, 2004, staffreport (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant is proposing to construct an approximately 7' x 24' addition to an existing public restroom facility located in the east Boat Haven marina parking area. The project is located in a portion ofthe northwest quarter of Section 4, Township 30 North, Range 6 West, Willamette Meridian. The project site is generally flat and,is bordered by heavy rip rap along the shoreline ofthe Strait of Juan de Fuca to the north. A public boat ramp and log storage activity are located in the industrial marina area as well. Access to the site is via Marine Drive and through the existing marina/boat haven parking lot. 2. Proposed site improvements include the addition of two new handicapped restroom stalls constructed on the common wall with the current facilities such that two additional areas are created, one for men and one for women, in the enlarged structure for handicapped use. A total of four stalls will then be available (2 handicapped and 2 non handicapped). The sole purpose is to better enable handicapped use of the restroom facilities for marina users. 3. The Port of Port Angeles applied for a Shoreline Substantial Development Permit on February 13,2004. The application (Attachment B) was determined to be complete on February 25, 2004. 4. The project is located approximately 750 feet north of the City's east/west Waterfront Trail recreational corridor and is located in a previously altered area consisting of fill placed in the early 1900s. The area is separated from the beach by existing rip rap and the proposal will not impair the natural coastal drift processes. The site is nearly completely covered with impervious surface with the exception ofa log storage use in the northeast corner ofthe site. No additional impervious surface will be placed. 5. Goals and policies ofthe Port Angeles Comprehensive Plan have been considered in review of the proposal. The most relevant are provided in Attachment "C" to this proposal and include Land Use Element Goal A and Policy A.2; Open Space Goals, Policies and Objectives Goal J and Policies J.l and 1.2; Utilities and Public Services Element Goal A , and Policies A.l and A.2, and Goal C. 6. The City's Shoreline Master Program was reviewed in its entirety with Chapter 3 Goals, Shoreline Use Element A.1, A.6, and A.7; Conservation Element D.3, and D.6; Public . . . Planning Commission Mimlies April 14, 2004 Page 11 Access Element E.l; Recreation Element F.1 and F.2; Chapter 4 General Policies and Regulations Archaeological and Historic Resources B.2, Clearing and Grading C.l, Environmental Impacts D.l, Public Access J.3, Shorelines of Statewide Significance K.5 and K,6, Water Quality N.1 and N.2; Chapter 5 Environment Designations definition, Management Policies D.l andD.2, Recreational Development Policies F.3, FA, and F.6, and environment designation matrices, Urban Harbor, Purpose, Areas Designated, Environment Designation Matrices; Chapter 6 Shoreline Use Policies and Regulations Boating Facilities Policy 4, Regulations Utilities 2,3, and 4, and Commercial Policy 2c containing the most relevant information to the proposal (see Attachment "D" to the April 14,2004, staff report). 7. Proj ect construction will follow best management practices. Roof drains will be tied into the existing stormwater system and the facility will be connected to the City's sewer system. 8. The proposed project is located along the shoreline within an area of 100-year floods. 9. The Port Angeles Harbor provides nearshore marine habitat for juvenile Puget Sound chinook salmon, which are listed as a threatened species under the Endangered Species Act. 10. The subject site is designated Urban Harbor (UH) on the Port Angeles Shoreline Master Program Shoreline Environment Designation Map, Industrial on the Port Angeles Comprehensive Plan Land Use Map, and Heavy Industrial (lH) on the Zoning Map. II. Water-enjoyment and recreational use are permitted in the Urban Harbor shoreline environment designation, and boat haven / marinas are permitted in the Camp Plan Industrial land use designation and the IH Zone. 12. Enjoyment and use ofthe marina facilities are anticipated by the general public, users of the Waterfront Trail, and adjacent boat ramp users. 13. The site is zoned Industrial Heavy (IH) which is the City's least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Marinas and accessory uses are permitted within the IH zone. 14. The application materials were sent to the Department of Ecology (DOE), the Washington State Department ofFish and Wildlife (WDFW), the Lower Elwha KIallam Tribal Council, and Army Corps of Engineers for review. No agency comments were received other than from the Army Corps of Engineers that indicated a permit from that agency would not be required as the proposal is beyond their jurisdictional boundaries. 15. Legal notification appeared in the Peninsula Daily News on February 29, 2004, with a comment period through March 19,2004. The site was also posted but no written comments were received. 16. A Determination of NonSignificance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on February 6,2004, per WAC 197-11-340. . . . Planning Commission Minl/tes April 14, 2004 Page 11 Conclusions: Based on infonnation provided in the April 14, 2004, Department of Community Development staff reports including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: E. As conditioned, the proposal is consistent with the City's Shoreline Master Program specifically: Chapter 3, Goals Shorelines Use Element Al and A.6, and Public Access Element E.1; Chapter 5 Environment Designations D. Urban Harbor, Purpose, Areas Designated, and Environment Designation Matrices; Chapter 6 Shoreline Use Policies and Regulations B. Boating Facilities Policy 4, Regulations - Utilities, B.3, BA, and C. Commercial Policy 2c. F. The project is consistent with the City's Comprehensive Plan. Those policies most relevant to the proposed project are: Land Use Element Goal A and Policy A.2; Open Space Goals, Policies and Objectives Goal J and Policies J.l and 1.2; Utilities and Public Services Element Goal A , and Policies A.l and A.2, and Goal C. G. The proposed use is in compliance with Chapter 17.34 (Industrial Heavy Zone) of the Port Angeles Municipal Code. D. The proposal is located in a previously altered area consisting of fill placed in the early 1900s, and is covered with impervious surface at the present time so there will be no additional impervious surface created by the development. Roof drains will tie into the existing containment system and will not affect the water quality of Port Angeles Harbor. E. The proposal should not directly affect the nearshore marine habitat. F. The handicapped public's ability to enjoy the recreational areas will be enhanced by the proposal. G. The urban waterfront of this mixed-use area should be enhanced by the provision of the passive recreation improvements by the proposal. The construction will not impact the use of Of access to the water. H. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. The motion was seconded by Commissioner Norton and passed 5 - O. PRELIMINARY SUBDIVISION - VINCENT - Milwaukee DrivelWest Tenth Street: Request for preliminary review of a 12 unit subdivision in the RS-9, Residential Single Family zone. . . . Planning Commission Minutes April f 4. 2004 Page f 3 Assistant Planner Roberds reviewed the Department's staff report recommending approval of the preliminary subdivision with conditions. Director Collins indicated a recommended amendment to proposed Condition No.2 to include a requirement for the property to enter into an L.I. D. No Protest Agreement for improvements to "0" and West Tenth Streets. Chair Hewins opened the public hearing. Darrel Vincent, 2510 West Tenth Street, thanked staff for their work in reviewing and working with him on the preliminary submittal. Being a novice, he anticipated the process would be much more onerous. He added that he would like to redesign the streets to be 60' right-of-way along the cul-de-sac with an 80' turn around as allowed and responded to questions regarding drainage in the area. Jody Allmalln, 2511 West Tenth Street, indicated that stormwater drainage in the area is very poor and that as the existing drainage is a major concern to area residents, she hoped the developer would be able to retain or in some way improve the situation rather than add to it. The property retains a good deal of water and no storm drainage system is present in the area. Most residents in the area prefer to use West Tenth Street rather than Milwaukee Drive for access as West Tenth Street is the closest route to town. She and her husband welcome new neighbors but want to make sure that infrastructure is in place to handle development issues. Director Collins responded to Commissioner Philpott that a stormwater and drainage plan must be developed to address stormwater and drainage from the site to other properties in the area but need not address all the water flowing along West Tenth Street. Substantial drainage ditches will be developed along Milwaukee Drive as a result of the necessary road development which will help to contain and direct stormwater and drainage in the area. Jim Mahlum, Civil Engineer for the City 0 fPort Angeles, noted that resulting water flow may not exceed pre development rates. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Philpott moved to recommend approval ofthe preliminary subdivision citing 8 conditions, and supported by 22 findings and 6 conclusions as follows: Conditions: 1. The interior cul-de-sac shall be named Adelaide Drive, dedicated, and constructed per the City's urban service standards, which includes a 20' asphalt surface with ditches and a minimum 4' pedestrian walking path separated from the roadway by the ditch prior to approval of the final plat. Signage shall be placed on the interior cul-de-sacs indicating that on-street parking is prohibited along both sides of the street. 2. Twenty-four (24') foot of paving is required along the subdivision frontage of Milwaukee Drive per the City's Arterial Street Standards with an 8' walking path and ditching as prescribed in the City's low impact development standards east to meet the improved street surface on Milwaukee Drive. No improvement is required to "0" Street. No improvement is required to West Tenth Street except for access aprons from Milwaukee Drive. A No-Protest LID Agreement for improvements to West Tenth and "0" Streets shall be signed by the property owner. Street trees shall be planted along the arterial per the City's Urban Services and Guidelines Policy 3G.1 00 Street Trees and Landscaping. . . . Planning Commission Minutes Apn"l 14, 1004 PngeJ4 3. 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. 4. Electric utility service shall be underground. 5. 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. 6. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. The subdivision shall be redesigned to be approved by the City to accommodate existing stormwater drainage needs and may result in the reduction to 11 lots. No net increase from existing drainage will be allowed following development. 7. Sanitary sewer and water shall be extended to the new lots as required by the Public Works Department from Milwaukee Drive. 8. Building setback areas shall be identified on the final plat and address numbers provided by the City's Building Division shall be placed on the lots. Findings: 1. Preliminary approval is for an 11- 12-unit subdivision submitted by Darrel Vincent on February 20,2004, identified as being in Suburban Lot 57 within the Townsite of Port Angeles. The approximately 5 acre site is located south of Milwaukee Drive west of West Tenth Street. 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 9 units per acre. The preliminary drawing indicates that the proposed development will result in an approximate density of 2.5 units per acre. 3. Chapter 16.08 ofthe Port Angeles Municipal Code (pAMC) sets forth local requirements for the approval of subdivisions and Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of90 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. . . . Plannbrg Commission Minutes April 14. 2004 PlIge 15 4. 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 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 proposal was reviewed with regard to the City's Subdivision Ordinance (Section 16.08 P AMC) which provides specific design standards which are expected of subdivisions within the City limits while the City's Urban Services Standards and Guidelines indicates that street trees should be planted along arterial streets and provides guidance for such placement and tree species. The City's Urban Services and Guidelines Standards (Section 3G.l 00 Street Trees and Landscaping) suggests that street trees should be planted on arterial streets in the City and in other specified areas. The design standards identified in Section 16.08.060 F P AMC state that street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. 6. Section 16.08 P AMC states 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. 7. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed subdivision and their comments and specific conditions have been incorporated in the Department's recommendation. Water, power, garbage pickup, telecommunications, sewer, stormwater, streets, and emergency services are available within acceptable standards to the site or will be extended through conditions to the preliminary plat. 8. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 9. The Comprehensive Plan requires concurrency at the time of development for streets, Planning Commission Minllles April 14. 2004 Page 16 . . . water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9) and should require concurrency at the time of development for solid waste collection, storm water management, telecommunications service, and emergency service (Capital Facilities Element Policy A.l 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, 8.2, B.3, and 8.4, Goal C; Transportation Element Goal A, Policy A.3, A.6, B.1O, B.ll, B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.l, B.3, BA, B.5, B.6, B. 7, C.2, C.3, C.4, and C.5. 10. 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 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. 11. The site is currently served by unimproved Milwaukee Drive and West Tenth Street which are local access streets. Milwaukee Drive is also a designated bicycle route. "N" Street east of the site is a collector arterial and a designated school walking route. Improvements to Milwaukee Drive improvements will be required such that the final street is an improved width of 24' with a ditch and 8' pedestrian walking path established on the south side per the City's new suburban low impact development standards connected to improved West Tenth Street. Milwaukee Drive is a designated bicycle route on the City's Nonmotorized Transportation Map and may be a route for the western expansion ofthe Olympic Discovery Trail. 12. 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 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. 13. There are no environmentally sensitive areas on the site although the site has historically had some standing groundwater areas probably due to the rise of the Milwaukee Railroad grade along the site's north boundary. The site slopes west to southwest. The site is not listed on the Federal Emergency Management Act (FEMA) maps which denote those properties that are within IOO-year flood areas. . Planning Commission Minllles Aprif 14, 2004 Page 17 14. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of storm water 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. 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. 16. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School busses travel along West Tenth Street. Hamilton School is the closest school to the site. 17. The City's Parks Department responded that they are aware of the preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. The City's LOS for parks and recreational services is 1/3 acre for 1,000 population. An undeveloped wooded property donated to the City for a park use is located approximately 1/4 mile east ofthe subject site along "N" Street. The nearest public playground area is located approximately one-half mile + north at Crown Park. . 18. The site will be serviced 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 "N" Street east ofthe site. 19. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance for the preliminary subdivision on April 8, 2004, therefore satisfying the City's responsibility under the Act. 20. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staff has been notified of the proposed subdivision proposal and per agreement with the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation, 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 ofthe proposed subdivision to the general purposes ofthe City's Comprehensive Plan and to planning standards and specifications adopted by the City. 22. Property owners within 300 feet of the proposed subdivision were mailed notice and the site was posted for the proposal on March 5, 2004. Legal publication appeared in the Peninsula Daily News on March 7, 2004. Two neighborhood written comments were received as a result of the notification. Both comments spoke about site drainage, roadway development, and access issues. Mr. and Mrs. Doug Ahmann expressed concern with regard to stormwater drainage and roadway development. Mr. and Mrs. Bob Coons . . . . Planning Commission Minutes April 14. 2004 Page 18 expressed concern about a number of issues: roadway development, traffic, vision, and stormwater. Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan and Land Use Map 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 ofthe 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. 5. The site has served as a drainage area over the years due to its topography and development of the Milwaukee Railroad. Clearing and grading activities will require handling of the existing drainage and future stormwater from the site as a result of development through the subdivision process as no net increase in stormwater runoffwill be allowed following development of the site. 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 State of Washington Growth Management Act. The motion was seconded by Commissioner Norton and passed 5 - o. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS . . . Pllllming Commission Minl/tes April J 4. 2004 Page J 9 Director Collins reported that the Planning Commission's recommendations with regard to amendment to the City's parking regulations had once again been reviewed by the Community Economic Development Committee with the result that the Committee agreed to revise its recommendation based on the Planning Commission's main concerns. Table "A" would be the preferred alternative, which will ensure some certainty in providing minimum parking requirements, and any variances from the regulations (Table A) would be reviewed by the Planning Commission rather than administratively. The Council will continue its formal review on April 20, 2004. REPORTS OF COMMISSION MEMBERS Chair Hewins noted that he would not be able to attend the April 28 meeting. Grading and monitoring of grading activities was discussed. ADJOURNMENT The meeting adjourned at 8:40 p.m. 'it~ Fred Hewins, Chalf ::-;8 ~ Brad Collins, Secretary PREPARED BY: S. Roberds . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET · FORTANGELES - WAS H I N G TON, U. S. A. P'LEASESIGN IN Q Meeting Agenda of: 4.;;; I.(~ .,.<00 )I To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If 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. Agenda Item No. 117, d.- w:- IV I 1 FORTANGELES 8J WAS H I N G TON, U. S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: ~ III l '7..<x> Lf' To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If 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. NAME: ADDRESS: Agenda Item No. . ~~..,'IIc... Sl <=t Ii. . I).....b 0 d..v \ to 14- L.- -z. GJ ~ o.v~ ~^-~ \ (" 0 Lf 'Z: ~(~ (i) J - .