Loading...
HomeMy WebLinkAboutMinutes 05/13/2009ORTANGELES W A S H I N G T O N U S A. COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street May 13, 2009 6 p.m. I. CALL TO ORDER Pledge Of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meetings of April 8 and 22, 2009 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT CUP 09 -02 BRABANT 125 W. 11 Street: Request to develop an accessory residential unit in the RS -7 Residential Single Family zone. 2. REZONE APPLICATION REZ 09 -01— NYHUS /BLORE Northwest corner of "C" and 17 Streets. Proposal to rezone 14,000 square feet from CN Commercial Neighborhood to RHD Residential High Density 3. PROPOSED COMPREHENSIVE PLAN AND LAND USE MAP AMENDMENTS 2009 V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS John Matthews (Chair); Doc Reiss (Vice Chatr):Werner Beier: Mike Caudill, Tim Boyle. Calla Sue, Nance Powers PLANNING STAFF Nathan West, Director: Sue Roberds, Planning Manager, Scott Johns, Associate Planner O A ROLL CALL PUBLIC HEARINGS: Conditions MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 13, 2009 6:00 p.m. Members Present: John Matthews, Werner Beier, Mike Caudill, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue Members Excused. None Staff Present: Scott Johns, Sue Roberds, Nathan West, Heidi Greenwood Public Present: Bernie and Lora Brabant, Brando Blore and Christina Nyhus, Jan Harbick APPROVAL OF MINUTES Commissioner Boyle moved to approve the April 8 and April 22, 2009, regular meeting minutes. Commissioner Powers seconded the motion that passed with Commissioners Caudill and Powers abstaining from the vote on the April 8 minutes, and Commissioner Sue abstaining from the vote on the April 22 minutes due to absence. CONDITIONAL USE PERMIT CUP 09 -02 BRABANT 125 W. 11 Street: Request to develop an accessory residential unit in the RS -7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department Report recommending approval of the conditional use permit with conditions. Following brief questions regarding development standards including site coverage, Chair Reiss opened the public hearing. Bernie and Lora Brabant, 125 W. 11"' Street were present for questions. Following brief discussion, Commissioner Powers moved to approve the conditional use permit with the following conditions, findings, and conclusions: 1 Separate electrical meters are required for each dwelling unit. Addressing for each dwelling unit shall be clearly identified as 125 and 1251/4 West I lth 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. Z. Two (2) off street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Parking spaces shall be constructed to Public Works and Utilities Department standards. O Plane mg Comm,ss,ar Minutes May 13, 2009 Page 2 3 Driveway and site access shall be constructed to Public Works and Utilities Department 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 electric meters are required for the Accessory Residential Unit. Findings. Based on the information provided in the Community and Economic Development Staff Report for CUP 09 -02 dated May 13, 2009, 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 Bernie Brabant submitted a Conditional Use Permit application for an accessory residential unit on April 13, 2009 The applicant owns the subject property 2. The proposed site is legally described as Lots 13 14 Block 327 of the Townsite of Port Angeles and is located at 125 W 11'' Street. 3 The site is zoned Residential Single Family (RS -7) and is 14,000 sq. ft. in area. 4 The subject site is located on the north side of W 11 Street east of Oak Street in the City's North Central Planning Area. Development in the neighborhood includes predominately single family residential uses. The Comprehensive Plan Land Use Map designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. 5 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. The City's Comprehensive Plan was reviewed for consistency with the proposal. 6 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 Site access must comply with Public Works and Utilities Standards. Access to the subject site is via the 11/12 alley Access to the primary use is via 11 Street. Both access points are City rights -of -way s Planning Commission dhnutes May 13. 2009 Page 3 8. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on April 23, 2009 Public notice was mailed to property owners within 300 feet of the subject property on April 20, 2009 The site was posted on April 21, 2009 No comments were received as a result of the public notice period. 9 A Determination of Non-Significance was issued for this proposed action on May 11, 2009 10 The Planning Commission conducted a public hearing on the proposal at the May 13, 2009, regular meeting. Conclusions Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 09 -02 dated May 13, 2009, 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 Residential Goal A and Policy A.2, and Goal C and Policy C.2, Housing Element A.6 and B 6. 2. The proposal is consistent with requirements for processing a conditional use permit as specified in PAMC 17 96.050, and with the requirement for an accessory residential unit in the RS -7 zone 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. 5 The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. Commissioner Boyle seconded the motion that passed unanimously. REZONE APPLICATION REZ 09 -01— NYHUS/BLORE Northwest corner of "C" and 17 Streets: Proposal to rezone 14,000 square feet from CN Commercial Neighborhood to RHD Residential High Density Associate Planner Scott Johns reviewed the Department Report recommending approval of the rezone. Staff responded to questions regarding the site location, application of the Comprehensive Plan land use designation in the area, and the appropriateness of additionally including the adjacent lot to the west (Lot 18) in the rezone to avoid creating a spot zone in the area. Staff responded to questions from the Commission regarding development of land within commercial zones where frontage occurs on arterial streets versus development fronting non arterial streets. Chair Reiss opened the public hearing. Brando Blare, P.O. Box 3029, Port Angeles, WA owns the subject property with his wife Christina. They are seeking a rezone of the property to Residential High Density (RHD) in accordance with the Comprehensive Plan designation of the site. Zoned Commercial Neighborhood (CN), the first floor facing an arterial street would be required to contain a Planning Commission Alimee.s May 13, 2009 Page 4 commercial use. The Blore's desire to develop the entire structure as high density housing without the need for a commercial component and so are asking for the rezone consistent with the Comprehensive Plan designation for the area. Staff discussed the fact that Lot 18 adjacent to the subject property is also zoned Commercial Neighborhood. A rezone of only two of the three lots in the block from CN to RHD would leave a spot zoned lot. Planner Johns indicated that he had been in contact with Mrs. Gladys Pressley who owns Lot 18, Block 441 Mrs. Pressley expressed a desire to join in the rezone. Staff expected that she would present herself to the Planning Commission to make that request. She was not in the audience. Mr Blore indicated no objection to including Lot 18, Block 441 in the rezone consideration. Director of Community Economic Development Nathan West indicated that it would be inappropriate not to include Lot 18 in the rezone proposal if a recommendation is made to rezone the Blore's lots. There being no further testimony, Chair Reiss closed the public hearing. Following discussion as to the appropriateness of including the Pressley lot in the rezone proposal at this time, Commissioner Matthews moved to recommend that the City Council rezone Lots 18, 19, and 20, Block 441, Townsite of Port Angeles from Commercial Neighborhood to Residential High Density citing the following findings and conclusions in support of that recommendation: Findings 1 On April 13, 2009, Christina Nyhus and Brando Blore submitted an application for rezone of approximately 14,000 square feet parcel from Commercial Neighborhood to Residential High Density The subject property is legally described as Lots 19 and 20, Block 441, being Parcel 063000044195 2. The site is zoned Commercial Neighborhood (CN). Surrounding properties are zoned Commercial Neighborhood, Residential High Density, Industrial Light, and Residential Single Family Residential (RS -7). 3 The R1-ID zone (PAMC 17 15 010) is a high density residential zone for multi- family residential structures. Medium and high density uses can provide a transition between different land uses. This is often found between single family and commercial or industrial land uses. 4 The City's Comprehensive Plan Land Use Map is the guiding document in determining consistency in zoning, and establishes a conceptual frame work for land use decisions. The Map designates the property as High Density Residential (HDR). 5 The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be the most relevant to the proposal. Land Use Element goal A, Policies Al, A2, and objective 1, Goals B and C, Policies Cl, C2, C3, and C4, Goal E, Policies E2 and E5, Transportation Element Goal B, Policy 14 6. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the rezone Planning Commission ALntes Afav 13, 2009 Page 5 is in the public interest and not only for the benefit of the land owner, and 3) the action is in accordance with the Comprehensive Plan. 7 The SEPA responsible Official issued a Determination of Non-Significance on May 11, 2009 8 The written public comment and notification period for the Planning Commission meeting ran from April 23, 2009, to May 8, 2009 No written comments from the public were received. The City received a phone call from Mrs. Gladys Pressley, the property owner of Lot 18, who indicated support of the addition of her property to the rezone proposal to CN 9 Reviewing City departments did not comment on the rezone application. All City utilities and services are available to the site. The site is located on a City arterial street and can be accessed from improved rights -of -way 10 Ultimate development of the subject property will require specific project review including issues such as access, noise, lighting, landscaping, and parking. 11 Housing and land use review have shown a demand for high density residential uses within the City that is not being met by current zoning. Windshield surveys indicate that a large degree of commercial areas remain vacant or are redevelopable for commercial use. 12. Discussion took place during the Planning Commission's public hearing of May 13, 2009, that Lot 18, Block 441, TPA, adjacent to the west, is split zoned. If Lot 18 is not included in the rezone proposal and ultimately rezoned to RHD, one half of that lot would remain zoned Commercial Neighborhood with the remaining neighborhood zoning being Residential High Density Conclusions 1 The rezone proposal is in accordance with the Comprehensive Plan and Land Use Map that designates the site as High Density Residential (HDR). 2. The rezone as proposed is compatible with the surrounding zoning and land uses and will allow development of the site to the density that has been identified as desired for the area through the City's Comprehensive Plan Land Use Map. The rezone is therefore in compliance with the Comprehensive Plan, and is in the public interest. 3 The City's action on rezone application REZ 09 -01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17 96 100, Port Angeles Municipal Code. 4 Development plans will require utility improvement by the developer and will include street, walkway, and drainage improvements for subsequent development of the site. Site development will accommodate any impacts to the neighborhood that result from development to a high density use. 5 As proposed, the rezone action will eliminate a single lot spot zone that would otherwise have been created by the original proposal. Planning Commission Minutes M4ay /3, 2009 Page 6 The motion was seconded by Commissioner Beier and passed unanimously. Staff will contact Mrs. Pressley regarding the recommendation to include Lot 18 in the rezone. PROPOSED COMPREHENSIVE PLAN AND LAND USE MAP AMENDMENTS 2009 Associate Planner Scott Johns reviewed the proposed Comprehensive Plan and Land Use Map amendments by use of a Power Point presentation. The Commission previously reviewed the proposed amendments at a work session in April, 2009 Planner Johns noted that two new Transportation Element policies were added relative to the American Institute of Architects' recommendations to the City earlier in the year The policies related to signage and potential discussion as to returning the First and Front Street corridors to two way streets. Chair Reiss opened the public hearing. There being no one to speak to the proposals, Chair Reiss closed the public hearing. Staff and Commissioners continued to discuss various points of the amendments as proposed. Commissioner Caudill moved to recommend that the City Council approve the Comprehensive Plan and Land Use Map amendments citing the following findings and conclusions in support of that action: Findings: Based on the information provided in the Community Development Staff Report for CPA 09 -01 dated May 13, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1 The City of Port Angeles planning staff submitted various amendment proposals required for internal consistency, clarification of language, broader inclusiveness of nonmotorized transportation modes, the inclusion of investigation into form based codes, uniform signage, creation of a new zone for open space, habitat areas, and environmentally sensitive areas, and two Land Use Map changes for review as Comprehensive Plan Amendment application CPA 09 -01 on or before March 31, 2009 2. The proposed amendments to the Comprehensive Plan language are area wide. The proposed amendments to the Land Use Map are also considered area wide. 3 City Departmental issues were considered in the review of this application. 4 Notification of the proposed action and Comprehensive Plan amendment permit application was placed in the Peninsula Daily News on April 27, 2009 5 The proposed Comprehensive Plan amendments were forwarded to Washington State Department of Community, Trade, and Economic Development on April 14, 2009, and received notification that the materials were received by CTED on April 20, 2009 6. The City of Port Angeles adopted its present Comprehensive Plan on June 28, 1994, by Ordinance 2818 and has annually amended it since. Planning Camnassmn AGnutes May 13, 2009 Page 7 7 The entire Comprehensive Plan was reviewed and analyzed to determine the need for revisions. 8. The City of Port Angeles is anticipating a State mandated major Comprehensive Plan update in 2011 The current updates are intended to meet some of the requirements of the scheduled update. 9 A SEPA Threshold Determination will be issued for this proposed action once all comments from interested agencies and parties have commented. 10 The Planning Commission opened a public hearing on the proposal at the May 13, 2009, regular meeting. Conclusions. Based on the information provided in the Department of Community Development Staff Report for CPA 09 -01 dated May 13, 2009, 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 listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1 The proposed amendments to the Comprehensive Plan are in compliance with the State's requirements for updating the Comprehensive Plan under the Growth Management Act. 2. The Comprehensive Plan update is consistent with the County -Wide Planning Policy 3 The 2009 Comprehensive Plan up -date maintains internal consistency within the Port Angeles Comprehensive Plan. The Comprehensive Plan was thoroughly reviewed and updated between 2002 and 2004 The next major update required by the State of Washington Growth Management Act is scheduled for 2011 The 2009 amendments will be included as a portion of the scheduled 2011 updates. 4 The 2004 amendments completed the last State mandated periodic update of the Comprehensive Plan. 5 Opportunities for amending the Comprehensive Plan are available on an annual basis. The motion was seconded by Commissioner Matthews, and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None Planning Commission Afmutes Alm 13, 2009 Page 8 REPORTS OF COMMISSION MEMBERS Commission members discussed process. Commissioner Powers asked Attorney Greenwood to explain why Planning Commission members are discouraged to independently visit application sites. Ms. Greenwood explained that because Commissioners act in a fact finding, quasi judicial manner, all testimony and information formulated in making a decision must be received in the same. If a Commissioner visits a site, he or she may see or hear something different than another Commissioner, and that event may cause a different outcome to a process. ADJOURNMENT The meeting adjourned at 7.30 p.m. PREPARED BY S. Roberds Michael "Doc" Reiss, Chair PORTANGELES W A S H I N G T O N U S.A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN -UP SHEET PLEASE SIGN IN Meeting Agenda of Pt', )3, 0005 To help us provide an accurate record of those in attendance, please sign in. 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. ,�i rkk+ %A a. th/hUS �v tgok ioy I p/7 aranda Elo PO I.soX s rig (kit/4g G 72 ILu..! /7-Lc tIe.it if m_ I 0 si tetqf A" A) P.- 1 lv■.) ;-\c;e■e( 2 3 II PORTANGELES W A S H I N G T O N U S.A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN -UP SHEET PLEASE SIGN IN Meeting Agenda of Pt', )3, 0005 To help us provide an accurate record of those in attendance, please sign in. 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.