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HomeMy WebLinkAboutMinutes 04/14/2010ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 14, 2010 6:00 p.m. Members Present: John Matthews, Doc Reiss, Carla Sue, Mike Caudill, Tim Boyle, Sissi Bruch Members Absent: Nancy Powers Staff Present: Scott Johns, Sue Roberds Public Present: Juanita Bauer, Dorothy Munkeby APPROVAL OF MINUTES Commissioner Sue moved to approve the March 24, 2010, regular meeting minutes. The motion was seconded by Commissioner Boyle and passed 5 1 with Commissioner Caudill abstaining due to his absence at the meeting. PUBLIC HEARINGS: Chair Matthews reviewed the quasi judicial public hearing procedures for the public and qualified the Commissioners regarding appearance of fairness and conflict of interest matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then reopened the public hearing. CONDITIONAL USE PERMIT CUP 10 -02 BAUER, 728 Caroline Street: Request to allow an accessory residential unit (ARU) in the RS -7 zone. (Continued from March 24, 2010.) Associate Planner Scott Johns reviewed the staff report recommending approval of the accessory residential unit with conditions. Mr Johns responded to Commissioner Bruch that there are other two story structures in the neighborhood as well as a couple of three story buildings. She asked if any comments were received from neighbors. Planning Manager Roberds responded that Mr T.A. Burton, an immediate neighbor, provided testimony at the March 24 meeting in support of the proposal. That letter is included in the file and is referenced in the meeting minutes. Commissioners asked for clarification regarding the planned development process. Planner Johns noted that the proposal is a little tricky in that the existing residence is quite small and the accessory residential unit cannot be larger than 50% the size of the primary residence. Since the intent is to demolish the existing primary residence, during construction of the ARU, at some point, the primary will be demolished so the ARU will become the only unit on the site. Planning Cammisswn Ai mutes Apn114. 2010 Page 2 Following demolition of the primary structure, the ARU will be completed and (likely) a new primary structure will be begun that will take precedent size wise over the ARU If a new primary is never built, the ARU will simply remain as the only residence on the site. However, the intent is to end up with two residential units that meet the required construction/site coverage ratios for structures in the RS -7 Residential Single Family zone. There being no further questions, Chair Matthews opened discussion to the public. Juanita Bauer, 4920 Island View Drive, Mukilteo, WA, thanked the Planning Commission for its consideration of the matter She and her husband have owned the property for many years and the property redevelopment is one they have been planning for quite awhile. They plan to return to Port Angeles in their retirement and live on the site. There being no further comments, Chair Matthews closed the public hearing. Following brief discussion regarding the intricacies of the site development such that in any scenario development standards are met, Commissioner Reiss moved to approve the conditional use permit with the following conditions, citing the following findings and conclusions in support of that action: Conditions 1 Addressing for each dwelling unit shall be clearly identified as 728 and 728 1/2 East Caroline Street. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. 2. Two (2) off street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. 3 Driveway and site access shall be constructed to Public Works and Utilities Standards. 4 All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction of the Public Works and Utilities Department. Separate water and electrical meters are required for each dwelling unit. 5 The phasing plan as approved shall be followed throughout the site redevelopment process or the conditional use permit may be invalidated. Findings. Based on the information provided in the Community and Economic Development Staff Report for CUP 10 -01 dated April 14, 2010, 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 conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1 Gerald and Juanita Bauer submitted a Conditional Use Permit application for an accessory residential unit on February 23, 2010. The applicant owns the subject property 2. The proposed site is legally described as Lot 3, Block 36 of the Norman R. Smith Subdivision of Port Angeles, WA, and is located at 728 E. Caroline Street. Planning Comnussmn Minutes April 14, 20/0 Page 3 3 The site is zoned Residential Single Family (RS -7) and is 7,000 sq. ft. in area. PAMC 17 10 contains bulk and dimensional standards for residential structures and accessory structures. No extenuating circumstances exist on the site that would warrant any modification to the standards listed in PAMC 17 10 4 The City's Comprehensive Plan designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. The site is located in the City's North Central Planning Area. The subject site is located on the south side of East Caroline Street and east of Francis Street. Development in the neighborhood includes predominately single family residential uses. 5 The City's Comprehensive Plan goals and policies were reviewed for consistency with the proposal. Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B.14 where found to be specific to the proposal and are listed as Attachment B to the April 14, 2010, staff report. 6. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property Conditional uses shall be evaluated to determine 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. 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. 7 The ARU is proposed to be located above a garage. Garage space that is attached to a residential structure shall meet required residential setbacks from all property lines. 8. An ARU may be no larger than 50% the size of the primary residence in the RS -7 zone. As proposed, the ARU will be 36.6% the size of the proposed new primary structure. 9 Site access must comply with Public Works and Utilities Standards that are contained in the Urban Services Standards Guidelines Manual. 10 Notification of the conditional use permit application was placed in the Peninsula Daily News on March 3, 2010 Public notice was mailed to property owners within 300 feet of the subject property on March 1, 2010. The site was posted on March 1, 2010. One written comment supporting the project was received within the public notice period. 11 A Determination of Non Significance was issued for the proposed action on April 14, 2010. Planning Commission Minutes April 14, 2010 Page 4 12. The Planning Commission opened a public hearing on the proposal at the March 24, 2010, regular Planning Commission meeting and continued the action to the April 14, 2010 regular meeting. An immediate neighbor, T A. Burton, provided comment at the March 24 public hearing in favor of the proposal. Conclusions Based on information provided in the Department of Community and Economic Development Staff Report for CUP 10 -01 dated April 14, 2010, 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. 2. As conditioned the proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96 050, and with the requirement of a conditional use permit for an accessory residential unit in the RS -7 per PAMC 17 10 040(A) 3 As conditioned, the proposal is consistent with PAMC Chapter 14 40 (Parking Ordinance). 4 The use is in the public interest as it allows for a variety of housing opportunities within the city 5 The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. Commissioner Caudill seconded the motion that passed 6 0. STREET VACATION PETITION STV 10 -01— MUNKEBY, Portion of Nantucket Avenue. Planning Manager Sue Roberds presented the Department Report indicating that the proposed street vacation is intended to clear title in an instance where a residence was inadvertently developed encroaching into an undeveloped right -of -way many years ago. This is an area where property lines are indistinct and several streets platted pre 1900 were never developed. Staff recommended that the Planning Commission forward a recommendation of approval of the street vacation action to the City Council. Mrs. Dorothy Munkeby, 1104 E. Lauridsen Boulevard, agreed with staff's report and assured the Commission that the encroachment was inadvertent if there indeed was an encroachment. She believed the right -of -way had previously been vacated. There being no further comments, Chair Matthews closed the public hearing. Commissioner Bruch moved to recommend approval of the street vacation action with one condition, citing the following findings and conclusions in support of the recommendation: Condition. 1 Property owned by the petitioners and right -of -way acquired through the subject vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of a quit claim deed for the right -of -way Findings: 1 A petition requesting vacation of right -of -way platted as Nantucket Avenue abutting Lots 7 —13, Block 4, Campbell's Addition was submitted by abutting property owner Dorothy Munkeby on March 1, 2010. The area was platted in 1890, and was annexed into the City in 1961 The right -of -way is 60' wide. 2. RCW 35 79 requires that a petition for vacation of right -of -way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by the abutting property owner of the entire east one -half of right -of -way The west one half of right -of -way is owned by the Port Angeles School District. The School District is not interested in seeking vacation but does not oppose the petition action. 3 The abutting subject property (Munkeby) is zoned RS -7 Residential Single Family, as are properties north of the site. Franklin School (west of the site) is zoned Public Buildings and Parks, and the Crestwood Convalescent Center and Laurel Assisted Living community are located further east of the Munkeby property Properties south of the subject site are zoned RS -9, Residential Single Family 4 Development in the RS -7, Residential Single Family zone requires minimum 20' front and rear yards, 13' side yards abutting streets (right -of -way), and a minimum 7' interior side yard setbacks. The existing encroachment by the Munkeby residence into the Nantucket Avenue right -of -way is approximately 12' 5 Campbell's Addition was filed as a County plat in the late 1890's. Not all rights -of- way in early plats were developed and some were considered vacated by statute if undeveloped by 1906. Encroachments exist where individual surveys were not performed prior to construction decades later in areas where rights -of -way were not apparent. This is such a case. 6. The City's Public Works and Utilities, Fire, and Community and Economic Development Department staff reviewed the petition. No objections or concems were raised as a result of the review Public Works and Utilities staff commented that vacation of a portion of the east one half of the right of way will not present any transportation or utility issues as the remaining one half of the right -of -way is available for development. The Port Angeles Fire Department noted that emergency access will not be hindered by the proposed vacation. There are no utilities in the portion of right of way being requested for vacation. 7 The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 8. Residential properties south of the Munkeby property that were platted with secondary Plann+ng Commission Alrmutes April 14. 2010 Page 5 Planning Commission Minutes April 14, 2010 Page 6 access via Nantucket to Lauridsen Boulevard will continue to have access through the remaining west portion of Nantucket Avenue in the event of future short plat action. Those properties currently access from Park Avenue; however, it is possible that access to Lauridsen Boulevard will be desired for the Lannoye and Ratzman properties immediately south of the Munkeby property The City's subdivision regulations contained in Title 16 of the Port Angeles Municipal Code require that new lots created in the City have access to an improved City street. 9 Reviewing City Departments (Public Works and Utilities, Fire, and Police Departments) indicated no cause for concem in this matter 10. Nantucket Avenue is a platted 60' right -of -way Reduction of the right -of -way by vacation to eliminate the encroachment and provide a minimum side yard setback abutting a street (25') will reduce the remaining right -of -way width to 35' Only two properties south of Nantucket Avenue require access to Lauridsen Boulevard via the remaining right -of -way Lannoye and Ratzman properties). 11 The City's standing policy has been to vacate unopened right -of -way without requiring compensation when inadvertent encroachments exist either due to errors caused by no survey or survey inaccuracies, or where it is uncertain if statute actions apply in an effort to assist property owners in clearing title to their properties. Staff recommended that no compensation should be applied to this matter based on that history 12. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 13 The site was posted regarding the proposed land use action on April 1, 2010, with legal publication appearing in the Peninsula Daily News on March 31, 2010 No written comments were received during the public notification period that ended on April 14, 2010 14 Consolidation of the right -of -way with the abutting property into one building site following vacation can be accomplished by filing a Zoning Lot Covenant. 15. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on April 6, as May 4, 2010 16. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on April 14, 2010. Conclusions: A. Vacation of the requested portion of the east right of way will not prevent access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily service needs to existing properties. B. No compensation is justified in this vacation request. The action does not increase the buildability of the abutting property but allows the property owner to clear title to her property and provides a conforming side yard setback adjacent to a street as is prescribed in the Port Angeles Municipal Code for the RS -7 zone. C. The vacation will place unneeded property on the City's tax roles and is therefore in Planning Cannussron Minutes April U 201 fi Page 7 the public interest. D As conditioned, site consolidation will appropriately combine the vacated right -of- way with the abutting property into one building site. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. F Properties south of the right -of -way will retain use of the west one -half of the right -of- way for future use. The motion was seconded by Commissioner Boyle and passed 6 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns provided a summary of long range planning items that staff are currently working on including transportation issues such as the waterfront promenade, wayfinding, and signage improvements suggested by the AIA team, update to the City's shoreline master program that is mandated by the State, adoption of a Harbor Resources Management Plan, and a plan to re meander the Valley Creek corridor The Harbor Planning Committee is a large diverse group consisting of representatives from Clallam County including members from the Port of Port Angeles, Lower Elwha Klallam Tribe, Department of Natural Resources, United States Coast Guard, Puget Sound Partnership, and ex officio members from the Department of Ecology and the Port of Port Angeles. REPORTS OF COMMISSION MEMBERS Commissioner Boyle indicated that the Port Angeles Forward Committee will not be meeting in April. Commissioner Bruch asked for a brief report on the matter discussed at the March meeting regarding Mr and Mrs. Pellet Planner Roberds provided a brief history of the work the Pellets did in the right of way without permission from the property owner (the City) that had caused upset in the neighborhood and that this is an area of long standing discord between neighbors. ADJOURNMENT The meeting adjourned at 7.20 p.m. John Matthews, hair f h