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HomeMy WebLinkAboutMinutes 05/09/2007 ~ORTANGELES WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street May 9, 2007 6 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of April 25, 2007 IV. PUBLIC HEARINGS: . 1. CONDITIONAL USE PERMIT - CUP 07-0 PANGRLE. W. 11th Street: Application for a conditional use permit to allow an accessory residential use in the RS- 7 Residential Single Family zone. 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 07-00 - MONTE MARE. Northwest comer of Front and Oak Streets: A shoreline substantial development permit to construct a mixed use structure with underground parking partially within the shoreline area. The property is zoned CBD Central Business District. 3. COMPREHENSIVE PLAN AMENDMENTS: 2007 V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Werner BeIer (ChaIr), John Matthews (VIce ChaIr), KeVIn Snyder, Chene Kldd, Stanley Hams, Dave Johnson, Doc ReISS PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Planmng Manager, Nathan West, Pnnclpal Planner, Scott Johns, ASSOCiate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 9, 2007 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Kevin Snyder, John Matthews, Stanley Harris, Wemer Beier, Cherie Kidd, Doc Reiss Members Absent: None Staff Present: Sue Roberds, Scott Johns, Nathan West Public Present: Dan Gase, Steve Zenovic, Harry Dorssers, Scott and Linda Pangrle, Nancy Chambers, Gene and Trena Calder, Carole Boardman, Russ Veenema CALL TO ORDER Salute to the Flag was led by Chair Beier APPROVAL OF MINUTES Commissioner Reiss moved to approve the April 25, 2007, regular meeting minutes as submitted. The motion was seconded by Commissioner Kidd and passed unanimously. PUBLIC HEARINGS Chair Beier opened the public hearing portion of the meeting and 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 - CUP 07-04 - PANGRLE. 1114 W. 9th Street: Application for a conditional use permit to allow a duplex use in the RS- 7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department's report recommending approval of the conditional use permit. Mr. Johns responded to questions regarding existmg site development and proposed site improvements to accommodate the duplex use. Ample on site parking is provided for the combination of uses proposed. Chair Beier opened the public hearing. Scott and Linda Pangrle, 1114 W. 9th Street were present for questions. They agreed with the proposed conditions of approval and explained that due to the change in grade level of the site, the two units will be located on separate levels with separate driveway access and off street parking areas. . . . Plannlllg CommiSSIOn MlIllltes May 9. 2007 Page 2 Trel1a Calder, 1122 W. 9th Street asked questions dealing with site development and use of the site. She was concerned that the conditional use permit approval did not require an owner to reside on the site. Mr. Johns responded to a question from Mrs. Calder that, per the City's zoning regulations, up to 5 unrelated persons can live together as a single housekeeping unit, so there would be a potential maximum occupancy of 10 residents for a duplex use. He also responded that neIghboring property owners have the same rights as anyone else with regard to the expectatIOns for residential occupancy when it comes to peace and quiet and enforcement of the City's nuisance regulations. Mrs. Calder stated that she would prefer that a property owner reside on the site rather than that both units be rented. There being no further discussion, Chair Beier closed the public hearing. Following brief discussion and further explanation of site development and surrounding uses by use of the visual display projector, Commissioner Reiss moved to approve the conditional use permit with the following conditions, supported by the noted findings and conclusions: Conditions: 1. Each dwelling unit shall be required to have a separate electric meter. 2. The residential units shall be addressed as 1110 and 1114 W. 9th Street. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 07-04 dated May 9, 2007, 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. Scott and Linda Pangrle submitted Conditional Use Permit application CUP 07-04 to convert a single family residence into a duplex on March 26, 2007. 2. The subject site mcludes Lots 3 and 4, Block 302, Townsite of Port Angeles. The site contains 14,000 square feet of area. 3. The site is zoned RS-7. Duplex uses are allowed by conditional use permit per Section 17.10.040(H) PAMC. Section 17.1O.050(C) Table "A" of the PAMC 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. 4. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations are also designated LDR, with the "C" Street corridor designated Commercial (C). The site is located in the City's Northwest Planning Area. The subject site is located at 1114 West 9th Street and development in the neighborhood includes primarily single family residential uses with commercial, and mixed residential located along the "C" Street corridor. Plannlllg CommISSIOn MlIlutes May 9. 2007 Page 3 . 5. 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 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. Established City policy requires that duplex uses be scattered throughout single family residential neighborhoods and that impacts 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. 6. 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.1 and B.4; Land Use Element Goal C and Policies C.1; Housing Element Goal A and Policy A.1, and Goal B and Policy B.6; Transportation Element Policy B.14; Conservation Element Goal A and Policy A.1, Goal B and Policies B.1, 2, 4, 5, 8, and Objectives B.3, 4, and 7; and Capital Facilities Element Policies B.1 - 7 were found to be most relevant to the proposal. . 7. PAMC Chapter 14.40 requires two off-street parking spaces for each residential unit. Adequate space is provided on site for the required parking. 8. 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. 9. 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. 10. Notification of the proposed action was placed in the Peninsula Dally News on April 11, 2007, posted on the site on April 9, 2007, and mailed to property owners within 300 feet of the subject property on Apri16, 2007. No comments from the public were received. 11. A Determination of Non-Significance was issued for this proposed action on April 30, 2007. 12. The Planning Commission opened a public hearing on the proposal at the May 9, 2007, regular meeting. . Conclusions: Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 07-04 dated May 9,2007, including all of the information in . . . Planl1l1lg CommISsIOn MlIlutes May 9, 2007 Page 4 the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and dehberation, 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; Transportation Element Policy B.14; Housing Element Goal A and Pohcy A.l; Housing Element Goal B and Policy B.6; Conservation Element Goal A and Policy A.l, 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 m 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 maintamed. 2. The proposed use complies with Section 17.10.040(H) and Table A P AMC (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 m PAMC 17.96.050. 4. The proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance). 5. As conditioned, the proposal will provide an alternate housing opportunity in compliance with established building and zoning standards. Commissioner Johnson seconded the motion, which passed unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 07-02 - MONTE MARE, Northwest comer of Front and Oak Streets: A shoreline substantial development permit to construct a mixed use structure with underground parking partially within the shoreline area. The property is zoned CBD Central Business District. Associate Planner Scott Johns reviewed the Department's report recommending approval of the shoreline permit with conditions. Mr. Johns responded to questions and noted that only a small portion of the proposed development project is within the shoreline area and that the use within the shoreline area is a public plaza and open space. He identified the site by use of a visual projection display and noted that the applicant is proposing to relocate the City's Waterfront Trail from its current location (running south along Oak Street to Front Street) such that it would follow along the shoreline area along the north portion of the site. In response to a question from Commissioner Reiss as to who would be financially responsible for that relocation, Mr. Johns responded that the matter is still under negotiation. There being no further questions, Chair BeIer opened the public hearing. . . . Pln/l/l/l1g C011l1111SSIOIl M/I1l1tes Mny 9, 2007 Pnge 5 relocation, Mr. Johns responded that the matter is still under negotiation. There being no further questions, Chair Beier opened the public hearing. Steve Zenovic, Zenovic and Associates, 301 East 61" Street noted that the proposal is consistent with the City's Shoreline Master Program development standards and the zoning ordinance. Street frontages are dedicated to commercial use with residential use on upper floors. There is a residential component on the first floor interior to the site without frontage on a street. PlaImer J olms noted that adequate parking for the use is provided on site with underground parking. Mr. ZenOVIC responded to a questiOn regarding stormwater handling by saying that a fairly sophisticated system has been engineered for the site. The proposal is to construct the development in three phases. Russ Veenema, Executive Director, Port Angeles Chamber of Commerce, 121 East Railroad Avenue expressed support for the project from the Chal11ber Board. He thanked staff for providing a thorough analysIs of the proposal and its impacts. The project is a big plus for the Port Angeles Downtown and community. Dan Gase, 1115 East Front Street is excited about the project and has been inundated with calls from interested parties who would like to locate on the site once completed. He said that the developer will assist in the relocation and development of the Waterfront Trail amenity along the shoreline area in development of the site and thanked staff for its direction thus far. Commissioner Kidd also voiced thanks to staff for providing direction and cooperation to the applicants. Harry Dorssers, Monaco provided a history of the project development concept. His origmal proposal was to construct a municipal pool on the site and he still believes that such a use would be the best choice for the community. He is nonetheless excited about developing the mixed commercial/residential use on the site as it will be a boost for the local community. There bemg no further questions or testimony, Chair Beier closed the public hearing. Following continued discussion and Viewing of the site via the visual display projector, Commissioner Snyder moved to approve the shoreline substantial development permit with the following conditions, findings, and conclusions: Conditions: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review teal11, which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the Port Angeles Department of Community and Economic Development. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may have an approved archaeologIst on site during any excavation or ground disturbance in lieu of a review by the aforementioned cultural team. If during an excavation that, by decision of the 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 archaeological resources are handled in accordance with applicable law. In the event archaeological artifacts, features or human remains are discovered, the permittee will immediately notify the Tribal Chair and specified Tribal staff by both letter 2. . . . Plannmg CommISSIOn MlIlllles May 9, 2007 Page 6 and telephone, as well as the City. The City, in tum will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27.44 and 27.53. 3. The city will require a complete set of construction drawings for review prior to construction. The project shall be bmld in substantial conformance to the plans submitted. A Building Permit obtained from the City of Port Arlgeles Public Works and Utilities Department is required prior to any earth disturbing activity is begun. All structures on site shall comply with Section 15.12 Flood Damage Prevention Ordinance of the P AMC. Compliance shall be certified by a registered professional engmeer or architect. Landscaping provided on the north side of the structure and intended to screen the on-site parking and parking entrance shall be planted before completion of the parking area in such a manner that plantings provide effective screening at least 4 feet high within three years of pro] ect completIOn. The applicant is responsible for obtaining all required permits from state or federal agencies prior to beginning any construction activity. Stormwater and drainage design shall be per Department of Ecology's Stormwater Management Manual for Westem Washington most current version. The applicant shall provide a 25' right-of-way dedicated for the purpose of establishing public access to the shoreline. All public improvements shall be per the city's Urban Services Standards and Guidelines. 4. 5. 6. 7. 8. 9. 10. Findings Based on the information provided in the May 9, 2007 Staff Report for SMA 07-02 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 Arlgeles Planning Commission hereby finds that: 1. An application for a shoreline substantial development permit was submitted by the CIty of Port Arlgeles on March 30, 2007 for the construction of a mixed residential commercial structure with underground parking located near the Port Arlgeles Harbor shoreline in downtown Port Arlgeles. The application indicates that a portion of the work will occur within the shoreline jurisdiction. The project will occur on the west side of Oak Street and the north side of Front Street. The work includes the excavation of approximately 31,300 cubic yards of soil. Best management practices will be incorporated to address potential erosion and water quality impacts from the construction. 2. A Determination of Non-Significance was issued by the City of Port Arlgeles SEP A Responsible Official for the proposal on May 1, 2007 3. The Port Arlgeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. Pla17Il/llg COIllI1l1SSI017 Ml11l1tes May 9,2007 Page 7 . 4. The site is desIgnated Commercial in the City's Comprehensive Plan, Central Business District in the City's Zoning Ordinance, and Urban-Harbor in the City's Shorelme Master Program. 5. Chapter 5 of the CIty'S Shoreline Master Program Use Matrices indicate that water enjoyment commercIal uses are permitted uses in the U-H designation. The definition of water enjoyment uses includes restaurants and mixed use projects. 6. No modification to the shoreline is proposed as an element of this proposal. 7. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, Goal B and polIcies 1, 4, and 6; Goal C and Policies 1,2,3, and 7; Goal D and policy 1; Goal E and Policies 1,2,4, and 5; Goal F and Policies 1, 2, 3, and Objective 2; Goal J and Policy 1; Transportation Element goal A, Objective 1; Goal B and Policy 16; Housing Goal A and Policy 2; Conservation Element Goal A and Policies 1,2, and 3; Goal B and Policies 1, 2, 5, 6, 8, 9, 10, and 11; Goal D and Policies 1, 2, 5, 8, and 9; Economic Development Element Goal A, Policy 6; Goal B and Policy 1. The following adopted Shoreline Master Program's policies and Regulations are most relevant to the proposed project; Urban- Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, J-2, and N-2, Chapter 5, Policies D-1 and 5, and Chapter 6, Policies C-1, 2, and 4 and all associated regulatIOns. . 8. The City's waterfront trail runs east and west along the length of the project. The Waterfront trail is currently routed on city sidewalks but is anticipated to be rerouted to the north side of the proposed structure once the project is completed. 9. The proposed structure will have mmor impacts on views of the shoreline from properties located on the top of the marine bluff. Views of Ediz Hook, the Strait of Juan de Fuca and Vancouver Island will not be affected. Conclusions Based on the infonnation provided in the May 9, 2007, Staff Report for SMA 07-02 including all of ItS attachments, comments and information presented during the public hearing, the Plmming COlmnission's discussion and deliberation, and the above listed findings, the City of Port Angeles Plamling CommissIOn hereby concludes that: 1. The proposed project as conditioned, is consistent with the City Comprehensive Plan and Shoreline Master Program. 2. The project will not be detrimental to the shoreline. 3. As conditioned, the proposed project will enhance the shoreline environment m Downtown Port Angeles. . 4. As conditioned, the proposed project will not interfere with public use of lands or waters. The motion was seconded by Commissioner Matthews and passed unanimously. Plalllllllg CO/ll/J1lSSIOIl M/11utes May 9,2007 Page 8 . PROPOSED AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP. Associate Planner Scott Johns noted that the City perfoffi1s a minor review of its ComprehensIve Plan and Land Use Map each year to adjust and make minor amendments that have been noted as appropriate. The proposed 2007 amendments include the addition of a parks and recreation element, minor amendments to existing policy to include the annexation of additional properties into the city in 2005, minor changes to strengthen and clarify the city's support for energy conserving materials and techniques, and the potentlal addition of an objective relative to the one-time Rayonier Mill site. Commissioner K1dd noted that she would be abstaining from discussion and the vote on the proposed Rayonier amendment as she was part of the group that drafted the proposal. Chair Beier opened the public hearing, There being no one to speak to the issue, Chair Beier closed the public hearing, Following discussion on each of the amendments, Commissioner Reiss moved to recommend adoption of the following amendments: Proposed Amendments: 1. An amendment to include a Parks and Recreation Element into the Comprehensive Plan. . Discussion on this issue mainly centered on the potential need for an zmpact fee. It was the consensus of the Commzssion that if such a fee were to be znstztuted, it should be for new development only. Planner Johns noted that the best way to implement such a fee would be through development codes, not through the Comprehensive Plan. 2. Amendment to the Land Use Map portion of the Comprehensive Plan to rectify inconsistencies WIth current land use, topographic conditions, intended uses, and current zoning in certain areas. Staff identified areas where the Comprehensive Plan Land Use Map was in error extendzng commerczal zonzng into established residential areas where either the use or the topography would prevent practical commercial development. 3. Amendment to Conservation Element Goal B, Policy 20 to clarify language in the Comprehensive Plan with regard to the City's position on the use of energy efficient building materials and practices. Thzs zs not a new concept, but zt was determined to formalize its practice in the Plan. 4. Various minor amendments to specific Comprehensive Plan Goals, Policies, and Objectives are proposed as follows for consistency purposes: a. Capital Facilities Element, Goal C, Policy 3. The city should not approve any development that will not be served at or greater than a citywide level of service standard of 9 10 acres of parks per 1,000 population within six years from the time of development. b. Conservation Element Goal C, Objective 2. The City will develop an Ediz Hook master plan that designates land uses, improves public access to . . ~ ,,/ /~'. Planmng CommISSIOn Mmutes May 9, 2007 Page 9 c. Land Use Element Goal H, Policy 4. Industrial activIty should be located in +we three major areas: adjacent to the Harbor, around the Airport, and along Hwv 101 West of Benson Road. The Commissioners did not recommend approval of the proposal to add a policy to the Plan directing the City to intensify its efforts to lead the process of developing a vision for redevelopment of the former Rayonier Mill site. This proposal was submitted on behalf of the Port Angeles Business Association. [Commissioner Kidd refrained from dlScussion on this topic other than to answer specific questions directed to her from CommlSSlOners due to her participation on the Port Angeles Business AssociatlOn Board.] Following lengthy discussion, and comment from staff, it was agreed that the policy need not be included in the Comprehensive Plan document as efforts to bring this planning effort forward in a complete manner are already underway. The City has taken a pro active role to date and staff has worked continually throughout the process to lead a phased plan for the cleanup. It is anticipated that those efforts will continue. The recommended policy change won't change those efforts and is an unnecessary policy. The Comprehensive Plan is not the appropriate location for such a policy. The Commission strongly suggested that any efforts to involve the community in all planning efforts should not specifically include wording that independently identifies anyone group over another, such as the proposed wording "Lower Elwha Klallam Tribe." By unanimous agreement, the suggested wording was modified to identify that participants expected to participate in land use discussions should simply be stated as "all interested parties." Any further attempt to identify reVIewing parties is unnecessary. The motion was seconded by Commissioner Harris and passed 6 - 1 with Commissioner Kidd abstaining only in an effort to avoid any appearance of fairness regarding the Rayonier discussion. She noted for the record that she was in agreement with the Commission's recommendations. COMMUNICATIONS FROM THE PUBLIC None ST AFF REPORTS Planner West introduced Cate Lee, a summer intern in the Department. Cate is schooling to become a land use planner. REPORTS OF COMMISSION MEMBERS Commissioner Snyder announced that his last meeting will be May 23, 2007. ADJOURNMENT The meeting adjourned at 8:00 p.m. ~jtk, Werner Beier, Chair --L PREPARED BY: S. Roberds ~ORTA.NGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE KOST~K AND TESTIl\10NY SIGN-UP SHEET . PLEASE SIGN IN Meeting Agenda of TYJ lJi q J ;;;J--CD ~ To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. lf 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. l?( .' c: \My Files\FORMS\Mtgrostpc. wpd 11- Cv P t)v ,\eM (, tlllr S-r: tlAK '?f "