HomeMy WebLinkAboutMinutes 06/22/2011ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 22, 2011
6:00 p.m.
Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers,
David Miller, Amanda Anderson
Members Excused. Sissi Bruch
Staff Present:
Public Present:
PUBLIC HEARINGS:
Scott Johns, Sue Roberds, Heidi Greenwood, Eric Walrath,
(Nathan West, by phone, during the final item on the
agenda
Bruce Edwards, Leonard Rasmussen, Kevin Erickson, Matt
Sullivan, Steve Zenovic, Carole Boardman, Kay Kassinger,
Pam Tietz, Jesse Waknitz
PLEDGE OF ALLEGIANCE
Chair Reiss opened the meeting at 6 p.m and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Powers moved to approve the June 8, 2011, regular meeting minutes. The
motion was seconded by Commissioner Matthews and passed 5 0. Newly appointed
member Anderson did not vote.
STREET VACATION PETITION STV 11 -03, RASMUSSEN /LONG
Portion of unnamed alley between 5 16 Street west of 1804 Golf Course
Road.
Planning Manager Sue Roberds reviewed the Department Report recommending approval of
the street vacation as proposed with two conditions. Chair Reiss opened the public hearing.
Leonard Rasmussen, 1761 East 6 Street, a petitioner, indicated that he owns 1804 East 5th
Street that abuts the proposed street vacation area that contains a nonconforming structure. The
second petitioner, Glen Long, owns 1803 Nancy Lane, also abutting the street vacation area. Mr.
Long would like to construct an accessory structure in an area closer to his property line than is
possible without the street vacation. The petitioners are aware of the building restrictions on the
right -of -way being request for vacation.
There being no further testimony, Chair Reiss closed the public hearing.
Planning Commission Minutes
June 22, 20/1
Page 2
Following brief discussion, Commissioner Boyle moved to recommend approval of the street
vacation with the conditions, findings, and conclusions as follows in support of that action:
Conditions:
1 Upon vacation, the subject right -of -way shall be joined to adjacent properties by Zoning
Lot Covenant. The petitioners shall be responsible for filing appropriate documents that
will be prepared by the City for the final vacation action.
2. A utility easement shall be retained encumbering the full vacated right -of -way area over
which no permanent structures will be constructed. Access to the area shall remain
unimpeded as required by the City's Public Works and Utilities and Bonneville Power
Association regulations.
Findings:
1 A petition requesting vacation of a portion of right -of -way that was annexed into the City
on March 17, 1955 by Ordinance #1345 was submitted by Len Rasmussen and Glen
Long on May 23, 2011
2. The procedure for consideration of the vacation of rights -of -way is set forth in RCW
35 79 RCW 35 79 requires the signature of two thirds of the abutting property owners in
order for a petition to be considered valid when a vacation of right -of -way is proposed.
The petitioners own 100% of the abutting property
3 The subject area is zoned RS -7, Residential Single Family The RS -7 zone is intends and
supports the development of single family structures and associated accessory structures.
4 The subject right -of -way is approximately 20 feet in width and 176 feet in length,
situated between 5 Street and the 5` /6` Street alley west of 1804 East Fifth Street and
1803 Nancy Lane. The "alley" right -of -way has never served a vehicular access purpose
but has only been used for utility services. The short utility corridor currently contains a
City sanitary sewer line and a Bonneville Power Administration power line run.
5 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. Intended development of the site is
industrial.
6. The Port Angeles City Council's Real Estate Committee met on June 6, 2011, to review
the matter and to discuss a fair market value for the right -of -way The Committee agreed
that retention of the right -of -way ownership is not necessary as long as the petitioners
fully understand the limitations of use of the right -of -way and a full easement is retained.
A fair market value was set based on valuations of other properties within 300 feet of the
subject alley at $8.74 per square foot
7 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.
8. Public notice was posted on the site regarding the proposed land use action. No written
public comment was received prior to the public hearing. The City Council set a date for
consideration of the petition at its June 7, 2011, regular meeting by Resolution setting a
date for final consideration of the petition as July 5, 2011
Planning Commission Minutes
June 22, 2011
Page 3
9 Pertinent issues analyzed in review of the petition are as follow
Traffic Patterns Established traffic /access patterns in the area will not change if the
proposed vacation is approved.
Utilities. The right -of -way is undeveloped and serves as a utility corridor for both
sanitary sewer (City) and electric (Bonneville Power Administration) utilities. Utility
service will not be affected by the vacation. An easement is required such that existing
utilities will continue to function encumbered. Nothing will change except ownership.
Development Patterns The proposal will not adversely impact existing development in
the area. Vacation of the right -of -way (ROW) will transfer ownership of the property to
adjacent property owners while extending property lines for abutting properties an
additional 10 feet. No development is permitted within the right -of -way The area may
only be acquired to increase site area which will allow an increase in existing lot and site
coverages, and setbacks.
Environmentally Sensitive Areas There are no environmentally sensitive areas on the
site.
Public Health, Safety and Welfare Vacation of the unused remnant right -of -way will
allow properties on either side of the subject property additional area of use. A full
easement (20 feet) wide will be retained which will not permit development of any kind for
as long as the utilities (sewer and power) are in place in the right -of -way corridor The
property will be put on the tax role, which is in the public interest.
10 Public notice was placed in the Peninsula Daily News on May 18, 2011, and the site was
posted for land use action on May 22, 2011 No written public comment has been
received.
11 At its June 7, 2011, regular meeting, the Port Angeles City Council established a public
hearing date by Resolution for action on the street vacation petition as July 5, 2011
12. The Port Angeles Planning Commission conducted a public hearing on the proposed
street vacation at its regular meeting of June 22, 2011, and forwarded a recommendation
to the City Council for consideration.
Conclusions:
A. As conditioned, the vacation action will allow adjacent property owners to acquire
additional lot area without disturbance to existing utilities located within the alley
corridor
B Access to lots served by the existing right -of -way will not be affected by the vacation
action and new lots to be served by the reconfigured right -of -way will be served in an
impeded manner consistent with development expected in an industrial zone.
C. 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.
The motion was seconded by Commissioner Miller, and passed 6 0.
Planning Commiss,on Afmutes
June 22, 2011
Page 4
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 11 -03
PORT OF PORT ANGELES, 101 East Railroad Avenue: Reconstruction of
portions of pier and turning knuckle, reinforce shoreline armoring, and expansion
of pier in two locations.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
shoreline substantial development permit with conditions. Mr. Johns provided a Power Point
display to indicate locations of the improvements and existing development of the site.
Chair Reiss opened the public hearing.
In response to Commissioner Powers, Mr Johns stated that not all of the creosote piling will be
removed and the work planned is not all the work that will be done over the next several years to
upgrade the International Ferry Terminal. The Port is working with the City to redevelop the
waterfront area and future remodel /development will be in coordination with those efforts.
Commissioner Reiss asked Mr Johns to explain the use of a "bubble curtain." Mr Johns noted
that bubble curtains are very popular with the Department of Fish and Wildlife as they provide
protection from siltation and reduce noise caused by underwater construction activities to
migrating fish and other wildlife. The phasing of the project is a bit protracted due to fish
window construction opportunities.
Chair Reiss read the qualifying questions for Commissioners regarding Appearance of Fairness
matters. All Commissioners responded for the record that they had no Appearance of Fairness
issues to report. The Chair then reviewed the quasi judicial public hearing procedures for
audience members. No issues were noted. He opened the public hearing.
Jesse Waknitz, Port of Port Angeles, 338 West First Street was present for questions. In
response to Chair Reiss, Mr Waknitz indicated that the City's Waterfront Trail is located along
the frontage of the site and, during times of construction when it is advisable that pedestrians not
use that area of the site, the Trail will be moved across Railroad Avenue immediately south of
the site in order to not disrupt use of the Trail during construction while protecting pedestrians
and Trail users.
There being no further comment, Chair Reiss closed the public hearing.
Following brief discussion, Commissioner Boyle moved to approve the shoreline substantial
development permit citing the following conditions, findings, and conclusions in support of
the action:
Conditions
1 The applicant is responsible for obtaining all necessary permits from local, state and
federal agencies. Verification of permit issuance shall be supplied to the city prior to
beginning any site alteration or construction.
2. At no time during reconstruction of the pier facility shall work barges be allowed to
ground out on the Harbor bedlands.
Planning Commtsston Mantles
June 22, 2011
Page 5
3 All new or reconstructed structures shall be in compliance with zoning regulations in
existence on the date the permit was accepted as complete (May 16, 2011).
4 No construction or demolition materials shall be allowed to remain in waters of the Port
Angeles Harbor All necessary best management practices to avoid deposition of any
material into the Port Angeles Harbor shall be employed during all
construction/demolition activities.
5 The Port of Port Angeles and the selected contractor shall supply the Lower Elwha
Klallam Tribe with a c schedule of construction activities.
6 If closure of the Waterfront Trail is required for safe passage, the applicant shall be
responsible to provide adequate and accurate signage directing users of the Waterfront
Trail to any established Trail detour
Findings
Based on the information provided in the June 22, 2011, Staff Report for SMA 11 -03 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 An application for a shoreline substantial development permit was submitted by the Port
of Port Angeles, on May 16, 2011, for the repair and reconstruction of portions of the
Blackball Ferry landing pier (Terminal 1).
2. A Determination of Non Significance was issued by the Port of Port Angeles SEPA
Responsible Official for the proposal on September 22, 2010. The environmental
materials included an extensive Biological Evaluation (Sea -Run Consulting 2010) of the
site and possible project impacts. Acceptance of the document satisfies the City's
response under SEPA regulations of the State.
3 The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance
and critical areas ordinances have been reviewed with respect to this application.
4 The site is designated Commercial in the City's Comprehensive Plan, Central Business
District (CBD) in the City's Zoning Ordinance, and Urban- Harbor /Aquatic Harbor in the
City's Shoreline Master Program.
5 The following adopted City policies are most relevant to the proposed project:
Comprehensive Plan Growth Management Element Goal A Policy 1.c., Land Use
Element Policies A -2, and Transportation Element Goal A, Policy 6; the City's Shoreline
Master Program's Urban Harbor designation and Chapter 3 Goals, A. Shoreline Use
Element Goals 1, 3, 6, 7, 8, 9, 12, B. Economic Development Element, Goals 1 3, C.
Circulation Element Goals 1, 2, 4, D Conservation Element Goals 3 6, E. Public
Access Element Goals 1 2; G Historical /Cultural Element Goal 1, Chapter 4, General
Policies and Regulations: A. Universally Applicable Regulations 1, 2, 4, 5, B.
Archaeological and Historic Resources Policy 2, D Environmental Impacts Policy -1, I.
Salmon and Steelhead Habitats, Policies 1 4, J Parking Policy 1, K. Public Access
Policies 1 -3 5, 0 Water Quality Policies 1 2, Chapter 5, Policies D -1 and 2, and
Chapter 6, Policies C -3 4, H. Transportation Facilities Policy 3, all associated
regulations.
Plu mmg Commtss,on IAmutes
June 22. 2011
Page 6
6. The City's Waterfront Trail runs east and west along the north side of Railroad Avenue
abutting the project's south side. Use of the Trail should not be disrupted as a result of
the proposed construction activities.
7 Notice of the project was published in the Peninsula Daily News on May 19, 2011
Notice of the proposal was mailed to property owners within 300 feet of the project site
on May 17, 2011 The site was posted on May 19, 2011
8. One public comment letter was received from the Lower Elwha Klallam Tribe in support
of the project.
9 Structures that extend into the public right -of -way are non conforming and are required
to be moved to become conforming upon reconstruction. The rebuilt canopy cover will
be required to be located onto the applicant's property, which is approximately 9.5 feet
north of its existing location.
10 The site is located entirely within the V5 flood zone (Flood Insurance Rate Map),
described as areas of 100 -year coastal flooding with velocity In accordance with Section
15 12.240 PAMC, the Shoreline Substantial Development acts as the necessary
floodplain permit.
Conclusions
Based on the information provided in the June 22, 2011 Staff Report for SMA 11 -03 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:
A. The proposed project as conditioned, is consistent with the City Comprehensive Plan,
Zoning Ordinance, Environmentally Sensitive Areas Ordinance, and Shoreline Master
Program.
B. The project will not be detrimental to the shoreline.
C. The project is primarily repair and improvement to an existing water dependent use.
D As conditioned, the proposed project will not interfere with public use of lands or waters.
E. The project has been thoroughly reviewed through a Biological Evaluation provided with
the application materials that indicated no adverse impacts would result from the
proposal.
F The project will result in the relocation of structures to within the property boundaries.
The proposal is consistent with the requirements of Section 15 12.240 PAMC, the City's
Floodplain Ordinance as the Shoreline Substantial Development permit acts as the necessary
floodplain permit
Commissioner Matthews seconded the motion which passed 6 0.
Planning Commission Almutes
June 22, 2011
Page 7
PLANNED RESIDENTIAL DEVELOPMENT (PRD) APPLICATION HOUSING
AUTHORITY OF THE COUNTY OF CLALLAM- A redevelopment proposal for the
approximately 15 7 acre Mt. Angeles View Subdivision located between Lauridsen Boulevard
and Park Avenue and Eunice Street and the Peabody Creek Ravine. The proposal includes an
increase in housing units to 232 units, a senior apartment building, administrative offices, and
enlargement and relocation of the Boys and Girls Club use at the exterior of the site. (This is a
second public hearing with the first public hearing conducted on April 27, 2011
(Comunity and Economic Development Director Nathan West joined the meeting at this point by
phone)
Chair Reiss read the qualifying questions for Commissioners regarding Appearance of Fairness
matters. All Commissioners responded for the record that they had no Appearance of Fairness
issues to report. The Chair then reviewed the quasi judicial public hearing procedures for
audience members. No issues were noted.
Planning Manager Sue Roberds explained that this item is a second public hearing with the
first public hearing conducted on April 27, 2011 Manager Roberds reviewed staff's
supplemental report identifying amendments that had been made to the original conditions,
findings, and conclusions for approval that were made following suggestions for same submitted
by the applicant's at the meeting. Staff continues to recommend approval, but staff and the
applicant are not in agreement on right -of -way issues in this matter
Chair Reiss opened the public hearing.
Pam Tietz, Executive Director of the Housing Authority of the County of Clallam (HACC),
1930 Hamilton Way thanked staff for the efforts made in this matter to review and forward a
recommendation of approval. The HACC has intent is to put forward an innovative project
design and is anxious to move forward with the project that represents a $58 million dollar
reinvestment in housing for the community The project includes open space areas and is
designed to provide walkability and connectivity to other areas of the neighborhood. The HACC
and the City have made significant accommodations to get to where the project is today with the
dedication of right -of -way and road width being the two points of disagreement remaining.
Ms. Tietz described that interior streets were designed with safety, traffic calming, and user
amenities in mind including sidewalks and trees. The HACC is proposing less asphalt and
includes traffic calming measures. The HACC limits parking through their lease. Currently,
parking is provided within the development at a 1 1 ratio. The final proposal is 1.2 with 38%
parking provided on street. Tenants do not have a lot of cars. Streets within the development
must be public. The HACC is not able to maintain streets. She believes that street width is open
to interpretation per wording in the City's Planned Residential Development (PRD) Chapter of
the Zoning Code, but realizes that there is some conflict with the City's Urban Services
Standards and Guidelines development standards in that regard. While more flexibility in street
design is permitted through a Planned Low Impact Development (PLID) project, the HACC
chose not to do a PLID because of the up front costs of engineering. The PRD requires public
streets and street development standards are the point of disagreement as staff does not believe
that the City's minimum standards can be further minimized but wording in the PRD section
allows for flexibility in those street standards, she stated. Sidewalks and street trees will be
Planning Commission Minutes
June 22, 2011
Page 8
sacrificed if the City's standard right -of -way development standards are not modified. The
HACC would like to provide an easement in lieu of the required right -of -way dedication along
Eunice Street to avoid the loss of units that the dedication of right -of -way would cause.
In response to a question from Chair Reiss asking if a cost study had been done to determine if
the HACC could maintain its interior streets such that streets could be developed to a private
street standard, Ms. Tietz said that the Housing Authority is not in the business of maintaining
streets.
Responding to Chair Reiss, Planning Manager Roberds noted that the PRD Section of the
Municipal Code requires streets within a PRD to be public, which would require newly
developed streets to be constructed to the standard for public streets within the City
Steve Zenovic, Zenovic Engineering, 301 East 6 Street said that the streets are designed to be
calming in design by providing a more narrow street width with sidewalks along both sides.
Commissioner Matthews asked which streets do not meet minimum standards. Eric Walrath,
Public Works and Utilities said that the interior Avenues (Whidby, Vashon, and Lopez) are
proposed for redevelopment. Per the City's Urban Services Standards and Guidelines (USSG),
newly constructed public streets must be built with sidewalks along both sides as the current plan
shows; however, the proposed paved Avenue widths do not meet the minimum standard. Staff's
recommendations are based on established Code and development requirements set forth in the
USSG for public street development and redevelopment. USSG standards require a wider street
paved width than is being proposed which allows for parking on both sides. The proponent's
suggestion that easements be permitted rather than right -of -way dedication as required per Code
to accommodate utilities on Eunice Street would be precedent setting. It would be hard to deny
future developers the same opportunity The City needs to obtain adequate right -of -way in order
to develop adequate public utilities as required by Code.
Associate Planner Johns provided an aerial display to identify the development of and location
of utilities located within the Eunice Street corridor where the City is requiring additional right
of -way to accommodate those utilities.
Kevin Erickson, 636 Whidby asked if property would be acquired on the west side of Eunice,
where he lives. Planning Manager Roberds responded that additional right -of -way is not
required of any property owner other than the applicant. All right -of -way required is along the
east side of Eunice Street abutting the proponent's property ownership.
Commissioner Miller asked how the HACC would control off -street parking for the for sale
units. Pam Tietz responded that there is no specific control of those units for parking but none
should be needed under City Code because they will each provide the minimum of two off
street parking spaces for each unit.
Chair Reiss asked if some of the open space areas could be redesigned to off set the loss of units
that were planned but would be lost to right -of -way dedication?
Planning Comm,ssmn Al
June 22, 2011
Page 9
Matt Sullivan, Mithun Architects, 1201 Alaskan Way, Seattle, WA said that some redesign is
possible along Eunice Street to accommodate the right -of -way dedication required per Code, but
it would mean a loss of four dwelling units and approximately eight off street parking spaces.
Chair Reiss asked if there was any interest in delaying the decision until review of different
street standards could be evaluated? The applicants collectively indicated that they will need to
apply for grants for the development very soon and the grant process requires project approval.
In response to Chair Reiss, Manager Roberds said that, while staff is willing to consider
alternative street design standards on a City wide basis, that review process will take some time.
She estimated that such a process could take 6 months to 1 year to follow procedure for adoption.
Bruce Edwards, 210 West 13` Street owns a residence in the neighborhood. He asked who
would enforce abuse of on street parking for the for sale units. Most people park as many cars
and recreational vehicles on their properties as is possible and then freely use the street for
additional parking when adequate on site parking isn't available. Street development standards
are created by the City to provide adequate transportation corridors and to serve utility needs for
everyone. The City does a good job at establishing standards that work for the public. Variances
of established street standards should not be made because a developer did not plan accordingly
Street development standards should be adhered to and should be the same for everyone.
Developers should develop a plan following established, accepted standards.
There being no further testimony, Chair Reiss closed the public hearing.
Following continued discussion, Commissioner Boyle moved to approve the preliminary
planned residential development with the following conditions, findings, and conclusions in
support of that action:
Conditions:
1 Development of the PRD shall substantially conform to the phasing plan provided as
Exhibit 7 in the revised application materials dated January 28, 2011 Consideration will
be given to the potential reorganization of development timelines for Phases 6, 7, and 8 if
logical and first approved by the City of Port Angeles to ensure reasonable site
development.
2. All external building line setbacks shall meet RMD Zone requirements. All lot lines
(solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on
the final plat. Front yard setbacks shall be no less than 6' with side and rear setbacks as
shown on the revised preliminary drawing dated January 28, 2011
3 Utilities shall be installed as shown per plans approved by the City's Public Works and
Utilities Department per the City's Urban Services Standards and Guidelines. Portions of
the approved complete site utility plan shall be constructed to serve the phases as required
by the Director of Public Works and Utilities.
4 All necessary on -site easements for access, drainage, and utilities shall be shown on the
final plat including the reservation of an easement for existing Public Utility District
(PUD) Power Lines per City Ordinance #3090 in Francis Street. The developer shall
Planning Commrss,on Minutes
June 22. 2011
Page 10
work with the PUD to ensure that no impact to the service provider's provision ability is
caused by construction activities. All new utility construction shall be underground per
Section 18 08.090 PAMC.
5 A storm water drainage plan for the entire project shall be provided for all lots and right
of -ways in conformance with Section 13 63 of the Port Angeles Municipal Code and the
Urban Standards Guidelines. The plan for the entire project must be submitted to and be
approved by the City Engineer prior to any construction.
6 Prior to final plat approval of a phase of the project, all storm water improvements
necessary to serve that phase of the project must be complete and functioning. Storm
water improvements located in other parts of the project must be complete and
functioning if they are necessary to the functioning of the storm water improvements
located on the phase of the project for which final approval is sought.
7 For the purposes of this project, the storm water requirements of the State and local
National Pollution Discharge Elimination system permit in effect at the time of the
submittal of a complete storm water site plan for the entire project will be the
requirements applied to the entire project.
8. Electrical, telecommunications, and street lighting shall be installed or bonded per Public
Works Utilities Division standards. New electric utility service shall be underground. A
power /communications layout shall be provided and approved prior to construction.
9 Address numbers shall be identified and placed on the final plat as provided by the City
10 The final PRD shall provide for continuous and perpetual maintenance of common open
space, common recreation facilities, utilities and utility easements, common parking
areas, and other similar development within the boundaries of the PRD in form and
manner acceptable to the City The area that comprises the Peabody Creek ravine and the
large central area park is required to be set -aside as an open space tract. The open space
tract shall remain in effect for the life of the PRD and subdivision.
11 Fire hydrants shall be placed per City requirements as approved by the City's Fire
Department. Residential fire sprinkler systems as required by Section 18.08 110 shall be
required.
12. Open space areas located in the Peabody Creek ravine and the proposed central park area
shall be established as a separate open space tract prior to final approval of the first phase
of the PRD Maintenance of open space and park areas shall be addressed in a document
filed with the PRD such that maintenance is ensured for the life of the subdivision.
13 Rededicated interior street rights -of -ways shall be a minimum of 60' in width and
developed to the City's Urban Services Standards and Guidelines which is 34' paved
width street with curb, gutter, and sidewalk. Fifteen (15') feet of right -of -way shall be
dedicated along the property frontage of Eunice Street between Whidby and Park
Avenues. Eunice Street shall be improved to the City's Access Street Standard between
Whidby and Vashon, and to Alley Standard south of Vashon to the new access east of
Eunice Street in conformance with the City's Urban Service Standards and Guidelines.
14 Rights of way shall be rededicated with each phase of development as is proposed in the
PRD application development drawings. At no time shall circulation to or within the site
Planning Commission Minutes
June 22, 2011
Page 11
be hindered for access by emergency vehicles during construction prior to rededication of
the rights -of -way under construction. Additional right -of -way shall be dedicated along
Eunice Street.
15 Minimum improvements shall be made to arterial standards along the full Park Avenue
frontage, and shall include paved tapered transitions to the east and west of the frontage
Traffic calming measures and sidewalks to be approved by the City Engineer based on the
traffic study
16. Trees throughout the development shall be as identified in application materials and shall
comply with requirements for street trees as is contained in City development guidelines.
Street trees shall be provided on the frontages of Lauridsen Boulevard. Trees shall be
selected from the recommended list of trees provided by the City and shall be planted
consistent with industry standards.
17 Redeveloment of rights -of -way shall occur concurrent with the final of each phase of
redevelopment and shall be coordinated such that at no time shall rights -of -way not
abutting a working construction phase be unavailable for use by the public.
18. Reduction of the senior housing use to .5 /off street parking spaces per unit is approved
with the provision of a van service or other alternative transportation means for residents.
Findings:
1 An initial planned residential development (PRD) site plan was received by the City of
Port Angeles on October 25, 2010, but was found to lack needed information for
processing. Additional information was resubmitted on January 25, 2011, and the
application was determined to contain information adequate to be determined as complete
on February 25, 2011 Application materials include the PRD /subdivision application,
conditional use permit application, and parking variance application.
2. The proposed 15 7 (18 6 with streets) acre Mt. Angeles View Planned Residential
Development (PRD) and Subdivision site is located between Lauridsen Boulevard and
Park Avenue and between Eunice Street and the Peabody Creek Ravine. The east
property line is immediately west of the Peabody Creek Ravine. The site slopes from
south to north with some steep slopes on the eastern portion of the site and relatively flat
ground on the northern portion of the site. Minimum lot area for a PRD is 3 44 acres.
3 The subject property is located in the City's RMD Residential Medium Density zone,
which allows a density of up to 12.44 dwelling units per acre.
4 A planned residential development is one of the innovative techniques the City has to
achieve implementation of Open Space and Conservation policies and the desired urban
design of the City The purpose of the PRD overlay is to provide an opportunity to create
a development that will result in a higher quality neighborhood situation than could be
developed through more traditional means.
5 Port Angeles Municipal Code (PAMC) Chapter 17 19 sets forth the City's requirements
for the approval of planned residential developments (PRD), and PAMC Chapter 16.08
sets forth the City's requirements for the approval of subdivisions.
6. The Revised Code of Washington RCW 58 17 contains the State's guidelines for the
uniform division of land within the State of Washington. Section 58.17 110 requires a
Planning Commission Minutes
June 22, 2011
Page 12
city to inquire into the public use and interest proposed to be served by the establishment
of a subdivision. It shall 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, other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and school grounds, 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.
7 The preliminary plat will subdivide the approximately 15 7 acres of land into 44
individual lots resulting in 232 residential units. Twenty -eight (28) lots will contain
single family residences intended for fee simple ownership. Thirteen (13) of those lots
will contain multiple, single family residences of various designs. One (1) lot will
contain a 33 -unit senior apartment structure and 2 lots will contain community buildings
with 1 lot being an open space /park tract.
8 Lots planned for residential occupancies will be constructed in a variety of
configurations. While development standards are proposed to be varied from standard
development requirements in the Residential Medium Density zone, reduced lot size and
setbacks are permissible through City approval of a site specific planned residential
development per PAMC Chapter 17 19
9 The smaller lots, various building configurations, and non- residential uses, though
permissible in a planned residential development, are subject to the overall density
limitation of the underlying RMD Zone. The overall maximum density permitted in the
RMD zone is 12.44 units /acre. Given the site area of the Mt. Angeles View buildable
area at 15 7 acres, density is proposed to be 18 units per acre. The Planning Commission
previously recommended vacation of rights -of -way within the development that would
vacate existing rights -of -way adding an additional 2.9 acres to the site area for a total of
18.6 acres thereby reducing the density to 12.44 units /acre.
10 The purpose of a planned residential development (PRD) is set forth in Section 17 19 010
as follows:
This Overlay Zone is to provide alternative zoning regulations which permit and encourage
design flexibility, conservation and protection of natural amenities and critical areas, and
innovation in residential developments to those regulations found in the underlying zone. It
is intended that a Planned Residential Development will result in a residential environment
of higher quality than traditional lot -by -lot development by use of a design process which
includes within the site design all the components of a residential neighborhood, such as
open space, circulation, building types, and natural features, in a manner consistent with
the public health, safety, and welfare and results in a specifically approved site design. It is
also intended that a PRD may combine a number of land use decisions such as critical
areas protection, conditional use permits, rezones, and subdivisions into a single project
review process to encourage timely public hearings and decisions and to provide for more
open space and transitional housing densities than is required or may be permitted between
single family and multi family zones. The consolidation of permit reviews does not exempt
applicant(s) from meeting the regulations and submitting the fees and applications normally
required for the underlying permit processes. Few nonresidential uses are allowed in this
Planning Commission Minutes
June 22, 2011
Page 13
overlay zone and then only conditionally, because of land use impacts associated with
nonresidential uses. This overlay zone provides for the opportunity to create self contained
residential neighborhoods with a variety of housing choices without following a standard
system of public streets and lot design and with allowances for mixed use, residential and
neighborhood commercial developments not usually permitted in residential zones."
11 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 of 90 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.
12. The proposed PRD will be constructed in 8 distinct phases. Demolition of existing
structures and infrastructure will also occur in phases so that occupants of existing
structures can be relocated in an organized fashion to avoid displacement of any
individual.
13 Water, electric, stormwater, phone, refuse, and sanitary sewer utilities are available in the
area.
14 The proposed planned residential development and subdivision preliminary plat were
reviewed by the City's Fire, Public Works, Parks and Recreation, and Economic and
Community Development Departments. Comments from reviewing departments were
considered in preliminary approval of the PRD
15 The City of Port Angeles is bound by a National Pollution Discharge Elimination System
(NPDES) permit. Stormwater infiltration as enhanced treatment is only allowed if the
soils meet the minimum site suitability criteria (Chapter 3, Volume III of the DOE
Manual) and a presettling basin or a basic treatment facility precedes the infiltration area.
No presettling basins are currently shown in the plan. The rain gardens that were initially
proposed would provide enhanced treatment, but would not serve as "play space" for the
development. This analysis will need to be done following preliminary approval of the
PRD Insufficient information has been provided to determine the adequacy of proposed
stormwater detention/infiltration treatment areas within the proposed rights of way and
on private property
16. Public notice of the PRD and subdivision application was published on March 1, 2011,
and posted on the site and mailed to property owners within 300 feet of the proposed
subdivision on February 25, 2011 Written comment was accepted until March 16, 2011
One written comment was received. The comment is attached to the April 27, 2011 staff
report.
17 The subject property is identified as Medium Density Residential (MDR) on the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan
policies were found to be most relevant to the proposal. Land Use Element Goal A and
Policy A.2, Goal B and Policies B I, 2, and 3, Open Space Policy Goal I and Objective
I.1, Transportation Element Goals A.2, 3, and 6 and Goal B and Policies 11, 14, 16, and
18, Utilities and Public Services Element Policies C.2, 4 and D 1, Housing Element Goal
A and Policy A.12, and Goal B and Policy B 8, Conservation Element Goal A, Policies
Planning Comm,ssmn Minutes
June 22, 2011
Page 14
19 The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.10).
20 The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that
is compatible with the environment, the characteristics of the use and the users, and the
desired urban design of the City
21 The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments. There are two designated school
walking routes in the vicinity, Lauridsen Boulevard and Park Avenue. Continuous paved
walkways are provided along Lauridsen Boulevard and Park Avenue east of Race Street.
Required improvements to Park Avenue will include sidewalks.
22. The site is currently served by the City's emergency service providers, Police, Fire, and
Public Works and Utilities Departments.
23 Building permits are required for all structures. Building and Fire Codes apply to any
new construction on the subject property
24 The Mount Angeles View PRD is inside the Fire Department's four minute response time.
Sprinklers are not required for single family residences or duplexes per PAMC 18.08.110.
25 The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1065) on April 21, 2011, satisfying the City's SEPA
responsibility
26. The proposal includes development of a new access to Francis Street at Park Avenue,
which is a collector arterial and on a school walking route. A traffic analysis was
required to determine impacts of the development on Park Avenue. Final review of the
Traffic Study has indicated that improvements to Park Avenue will only be required
along the site frontage to achieve compliance with the City's Urban Services and
Standards Guidelines.
27 Section 14 40 130 PAMC allows a reduction in parking standards specified in Chapter
14 40 PAMC on written request to, and after a public hearing by, the Port Angeles
Planning Commission. The Planning Commission may impose such conditions upon the
variance as it deems necessary to comply with the purpose of the Chapter No variance
shall be granted by the Planning Commission unless the Commission makes the
following findings: (1) The vanance is not detrimental to surrounding properties, (2) The
parking provided is demonstrated as being sufficient to meet the parking needed by the use,
(3)The variance will not create increased congestion or traffic hazards along adjacent streets and
alleys, and (4) The variance is consistent with the intent of Chapter 14 40, the zone in which the
site is located, and the Comprehensive Plan.
Site activities, including parking, will be controlled throughout the PRD by the HACC
through lease agreements. The HACC is aware that use of the public streets as parking
lots is not an approved use and that it is expected that adequate off street parking exists
within the buildable area of the PRD such that on street parking will be kept to a
minimum. The reduction for the senior housing unit (.5 /unit) can be approved with a
provision of van service or other transportation means as has been required for parking
Planning Commission Minutes
June 22, 2011
Page 15
lots is not an approved use and that it is expected that adequate off street parking exists
within the buildable area of the PRD such that on street parking will be kept to a
minimum. The extreme reduction for the senior housing unit (.5 /unit) can be approved
with a provision of van service or other transportation means as has been required for
parking reductions previously approved for other senior housing uses in the City
The HACC have stated their intent to maintain a site that is in compliance with City
standards and have stated that many of their tenants do not own or store vehicles on site.
Based on this assertion, the four points previously herein listed necessary for approval
can be met by the proposal. If it is demonstrated that dependence on public streets is a
result of the development, alternative parking areas may need to be established by the
Housing Authority With this understanding, staff recommended approval of the
requested parking variance.
28. The Planning Commission opened a public hearing in consideration of the PRD on April
27, 2011 In consideration of time needed to allow staff to review and comment on the
proposed changes submitted by the proponent to the conditions, findings, and conclusions
of approval, deliberation was continued to May 25, 2011, 6 p.m., City Council Chambers.
29 The dedication of right -of -way is required with development of adjacent properties such
that streets are developed consistent with the City's Urban Services Standards and
Guidelines (USSG) and the City's Subdivision standards contained in Section 16 08
PAMC Eunice Street, along the site's western boundary, is a Residential Access Street
that requires a 60' right -of -way The current right -of -way is 30' Given development in
the area, location of the site at the end of Eunice Street, and topographic constraints of the
location, it is unlikely that additional development will occur beyond the site or west of
the site. It is possible to develop needed infrastructure to serve the site within a 45' right
of -way If future development is generated along the west side of Eunice Street, an
additional 15' of right -of -way could equitably be obtained from developing properties to
the west of Eunice Street to equal the required full 60' width.
Conclusions:
A. As conditioned, the Mount Angeles View PRD /Subdivision is consistent with the City's
Zoning Code (Section 1719 PAMC), the Washington State Subdivision Act (58.17
RCW), the City's Parking Ordinance (Section 14 40 PAMC), the City's Subdivision
Ordinance (Section 16.08 PAMC), and with the goals and policies of the City's
Comprehensive Plan.
B As conditioned, all necessary public improvements will be installed per the City's Urban
Services Standards and Guidelines and will be in compliance with the City's NPDES
permit for stormwater
C. As conditioned, the configuration of the proposed subdivision lots and street layouts
conform to the desired urban, design of the City for residential developments in areas
where there is no grid street pattern and where low impact development standards are
allowed.
D As conditioned, the Mount Angeles View PRD and Subdivision provide an alternative
residential development design to the standard single family residential neighborhood and
the basic multi family residential neighborhood in a manner that is affordable to low
income peoples.
E. 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.
F As conditioned, the public interest is served in preliminary approval of the planned
residential development and platting of the subdivision that will provide for the
development of low income housing and new homes. The subdivision is consistent with
the Growth Management Act.
G. The final drainage plan must be approved by the City Engineer, and the City's
Stormwater Engineer because drainage and erosion control plans are subject to the
Department of Ecology NPDES permit.
H. PAMC Chapter 17 19 Planned Residential Development Overlay Zone and Chapter 16.08
Subdivision Regulations allow for variations from certain development standards on lots
within the PRD Reduced front yard setbacks to 6' within the site should not be a
problem in the multiple family area as adequate common open space is available within
the PRD to allow for recreational expectations of tenants within the subdivision.
I. As conditioned, streets rededicated within the PRD will be developed to public standards
for the higher density development that is proposed, which is in the public interest. Park
Avenue along the site frontage will be developed to collector arterial street standards to
retain an acceptable level of service standard due to the added impact from creating a
through street at Francis Street.
J Right -of -way is required along the Eunice Street frontage if development is to be in
compliance with USSG As conditioned adequate right -of -way (15') will be dedicated to
support existing utilities and new infrastructure development along Eunice Street. This
can be supported because of the minimal potential for further development along the
frontage and south of the site. Further development would occur along the west side of
Eunice Street and in that event, the remaining 15' of right -of -way could be required to
bring the right -of -way to its required 60' width.
The motion was seconded by Commissioner Powers and passed 6 0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Marines
June 22, 2011
Page 16
STAFF REPORTS
Sue Roberds noted the presence of newly appointed Planning Commission member Amanda
Anderson. Commissioners welcomed Ms. Anderson who was appointed by the City Council on
June 21
REPORTS OF COMMISSION MEMBERS
Planning Commission Minutes
June 22, 20/1
Paget 6
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.
F As conditioned, the public interest is served in preliminary approval of the planned
residential development and platting of the subdivision that will provide for the
development of low income housing and new homes. The subdivision is consistent with
the Growth Management Act.
G The final drainage plan must be approved by the City Engineer, and the City's
Stormwater Engineer because drainage and erosion control plans are subject to the
Department of Ecology NPDES permit.
H. PAMC Chapter 17 19 Planned Residential Development Overlay Zone and Chapter 16.08
Subdivision Regulations allow for variations from certain development standards on lots
within the PRD Reduced front yard setbacks to 6' within the site should not be a
problem in the multiple family area as adequate common open space is available within
the PRD to allow for recreational expectations of tenants within the subdivision.
I. As conditioned, streets rededicated within the PRD will be developed to public standards
for the higher density development that is proposed, which is in the public interest. Park
Avenue along the site frontage will be developed to collector arterial street standards to
retain an acceptable level of service standard due to the added impact from creating a
through street at Francis Street.
J Right -of -way is required along the Eunice Street frontage if development is to be in
compliance with USSG As conditioned adequate right -of -way (15') will be dedicated to
support existing utilities and new infrastructure development along Eunice Street. This
can be supported because of the minimal potential for further development along the
frontage and south of the site. Further development would occur along the west side of
Eunice Street and in that event, the remaining 15' of right -of -way could be required to
bring the right -of -way to its required 60' width.
The motion was seconded by Commissioner Powers and passed 6 0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Sue Roberds noted the presence of newly appointed Planning Commission member Amanda
Anderson. Commissioners welcomed Ms. Anderson who was appointed by the City Council on
June 21
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7 45 p.m.
Sue Roberds, Se
Doc Reiss, Chair