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HomeMy WebLinkAboutMinutes 07/23/2003 . . .. MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 23, 2003 7:00 p.m. ROLLCALL Members Present: Bob Philpott, Fred Norton, Chuck Schramm, Leonard Rasmussen, Linda Nutter, Jack Pittis Members Excused: Fred Hewins Staff Present: Brad Collins, Scott Johns Public Present: Michael Perry, Craig Gentile, Maudeen Averill, Tom Neudorfer, Jan Neudorfer, Dave Kline, Melanie Kline, Carla Sue, Don Frizzell, Dick Harig, Patricia Harig, Dan Morrison APPROVAL OF MINUTES Commissioner Pittis moved to approve the July 9,2003 minutes with clarification that the June 11,2003, and the June 25, 2003 minutes were approved 3 - 0 with 2 abstentions, and the addition of Commissioner Nutter's name on page 7 of the July 9, 2003, minutes. The motion was seconded by Commissioner Schramm and passed 4 - 0 with Commissioners Philpott and Norton abstaining due to their absences from the meeting. Commissioners agreed to rearrange agenda items to continue an agenda item that was still being reviewed by staff. PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 03-10 - MORRISON -3800 Block Old Mill Road: Request for a duplex in the RS-9, Residential Single Family zone. Associate Planner Johns explained to the Commission that, due to issues raised regarding the project, staff has not completed the staff report or the SEP A review and recommended that the Commission continue the public hearing to the next regular meeting. Chair Nutter ask staff to provide a verbal summary ofthe proposal. Planner Johns provided a brief description and history of the project and answered questions. Chair Nutter opened the public hearing. Don F,izzel, 4016 Old Mill Road, asked ifhe could ask questions regarding the project? Chair Nutter asked staff to answer the questions directed to them as they had not been provided with any information on the proj ect. Mr. Frizell asked if a new SEP A review will be required because there is a new issue regarding the duplex? Planner Johns responded that a SEPA checklist was included with the CUP application. A previous SEP A review was submitted with a clearing and grading permit application and the purpose statement on that checklist indicated the intent to create as many homes as the RS-9 zoning allowed. A Determination of NonSignificance was issued for the previous permit after reviewing expected impacts of 13 residential lots being created. Staff will . . . Planning Commission Minutes July 23, 20a] Page 2 make sure that all SEP A rules are followed. Mr. Frizzell then asked if the criteria for the first SEP A review would be different than the criteria for the second review? Planner Johns replied that the checklist is the same checklist with the same questions. Mr. Frizzell asked if the second review would include review by Washington State Department ofFish and Wildlife or the Army Corp of Engineers? Planner Johns answered that the information had been forwarded to WDPW and that staff anticipated receiving their comments. Mr. Frizzell asked if it was correct that the applicant wanted to build as many duplexes as possible? Mr. Johns answered "no". The correct statement was that the applicant intended to build as many residential units as the zone would allow. Mr. Frizzell then asked that if an application for a duplex is approved, would that open the door for more duplexes at some later date? Mr. Johns replied that the parcel is large enough for additional units but would have to be subdivided and the lots would have to meet the minimum size requirement and other development standards for duplex development including CUP approval. Director Collins replied that without a specific application staff cannot speculate on future density issues. He went on to say that the City has not allowed for a multiplicity of duplexes in a single family neighborhood particularly in one block. ]f multiple duplexes were proposed; it is unlikely that the entire subdivision would be allowed to become duplexes because that would not be consistent with the intent of the RS-9 zone. Patricia Harig, 226 Dogwood Place, asked if Mr. Morrison would continue to work on his project even if the Commissioners continued the hearing? She also asked Director Collins what he meant by saying the City "tries" to limit the number of duplexes in a neighborhood. Director Collins responded that the City could not stop someone from submitting an application for a duplex in a single family zone. However if there are a number of duplexes in an area, the City will take that into account when considering requests for CUPs. There is no hard and fast rule as to how many duplexes may exist in an area but the Planning Commission does consider each conditional use application in context and will look at the intent of the zoning ordinance. Ms. Harig stated that she has lived in the area for 14 years and she and her neighbors all have problems with water in basements and are concerned that the proposed project will make the water problems worse. She wanted to be assured that the water problems would be addressed. Chair Nutter assured Ms. Harig that her concerns would be conveyed to Planning staff. MaudeenA veril, 214 Dogwood Place, stated that water runs down hill and that she has water in her basement during portions of the year. She also stated that the subject site was a wetland and water from the subject site and two small ponds on adjacent lands flow into her basement. She stated disbelief that draining and filling would be allowed in a wetland. She opposes the construction of a duplex on the site. Richard Harig, 226 Dogwood Place, asked if anyone had taken a core sample of the soils in the area stating that the soil was hard pan. Because of the soil being hardpan, the site was wet all winter due to water draining off the uplands to the south all the way to Dogwood Place. All the houses on the ~H side of Dogwood Place have ditches running to Ahlvers Road. He cannot understand how Mr. Morrison can be allowed to scrape the land off and dump dirt back on the site especially when some of the dirt contains batteries and scrap metal. Mr. Harig contended that due to Mr. Morrison's filling of the site that the next time it rains Dogwood Place will flood and the Morrison site will be high and dry. Planning Commission Minutes July 23, 2003 Page 3 . There being no further testimony, Commissioner Philpott moved to continue the public hearing to the August 27, 2003 meeting at 7:00 p.m. The motion was seconded by Commissioner Norton and passed 6 - o. STREET V ACA TION PETITION - STV 03-01 - BLAKE SAND & GRAVEL and FERRELLGAS: Request for vacation of right-of-way described as a portion of "A" Street and the 2/3 Alley east of Marine Drive and north of Third Street. . Planner Johns presented the departmental staff report and explained that one of the adjacent property owners changed their mind about acquiring the vacated right-of-way. A letter from Blake Sand and Gravel withdrawing their application was read into the record. After discussion as to what portion of the alley would be vacated, what options existed for the adjacent property owners, how access would be controlled, and procedural issues, Chair Nutter opened the public hearing. No members of the public spoke regarding the proposed street vacation. Commissioner Schramm asked if the . Planning Commission could modify the petition and consider only the portion of the alley that will be vacated. Director Collins stated that staff was changing their recommendation to only include that portion of the alley actually being vacated. Commissioner Pittis asked if the alley adjacent to Lot 18 would be vacated or not. Commissioner Philpott asked if staff would be modifying the findings and conclusions to reflect the true legal description of the area to be vacated. Director Collins indicated that only the legal description would be changed. Chair Nutter asked if the issue could be brought back to Commission at a later time with revisions having been made. Commissioner Schramm moved to continue the public hearing to the August 27, 2003, meeting to provide staff with time to revise the findings to reflect an accurate description of the vacated property, the correct petitioner, and proposed action. The motion was seconded by Commissioner Pittis and passed 6 - O. CONDITIONAL USE PERMIT - CUP 03-09 - PERRY -1931 West Sixth Street: Request for an accessory residential unit in the RS-7, Residential Single Family zone. Planner Johns presented the departmental staff report recommending approval of the conditional use permit as originally proposed. Chair Nutter opened the public hearing . Michael Perry, 329 W 14"1 Street, stated that he proposed the project to help provide affordable housing in Port Angeles. He explained the proposal for access to the primary residence and the accessory residence. Upon questioning from the Commission, Mr Perry stated that parking for the primary residence would exist in the rear of the site with parking for the accessory residence in the front, pointing out that a curb cut exists at the front of the site. Mr. Perry then asked the Commission to consider approving an additional 63 square feet of basement area for the accessory residence. Staff pointed out that the additional area would increase the accessory residence above the 50%of the primary residence threshold for accessory dwelling units limit and that staff would not recommend approval of additional floor space being added to the accessory dwelling unit. Chair Nutter closed the public hearing. Discussion centered around whether the proposal met the intent of the single family zone if the owner did not live at the site but rented both units. Several Commissioners indicated their concemes that the project would function as a duplex with two rental units while not meeting the lot size requirements for a duplex. A second issue introduced was that . . . Planning Commission Minutes July 23, 2003 Page 4 of ensuring that modifications to enlarge the accessory dwelling unit would not be made after the project is approved. Staff pointed out that a modification without subequent approval would be grounds for revocation of the conditional use permit. Commissioner Schramm moved to direct staff to draft findings to support denial of CUP 03-09 and present those findings at the August 27, 2003 meeting. The motion was seconded by Commissioner Pittis and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None. ST AFF REPORTS Director Collins presented an overview of the results of the nearly completed watershed planning process that has been underway for several years. His presentation included proposed City vetoes and amendments to the draft plan and explained the City's position on the plan. Final comments are to be presented Friday, July 25, 2003. Planner Johns presented a brief summary of the status of the City's efforts to date on updating the City's Critical Areas Ordinance. Deadlines for completion of Critical Areas Ordinance update is December 1, 2004, and deadline for completion of the Shoreline Master Program is December 1, 2011. A brief discussion of current wetland rating systems and the intended changes followed. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 9:45 p.m. Brad Collins, Secretary Linda Nutter, Chair PREPARED BY: S. Johns o ~ ,~ ~ ~..I..- JO:'-- 'RyT-r'Pii"N,1. fGf' 'E,-itl" EU1JS' I " J, i , I, "" ; r., !"-,. .,(1 _,~ _ ____, _! ___,, ',...' ,'_..~ _ ,J ',{J : ( ~------ ---..-- -- WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 23, 2003 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of July 9, 2003 IV. OTHER BUSINESS: . V. WATERSHED RESOURCES INVENTORY ANALYSIS (\VIDA) REVIEW: PUBLIC HEARINGS: 1. CONDITIONAL USEPERMIT-CUP03-09-PERRY -1931 West Sixth Street: Request for an accessory residential unit in the RS-7, Residential Single Family zone. 2. CONDITIONAL USE PERMIT - CUP 03-10 - MORRISON -3800 Block Old Mill Road: Request for a duplex in the RS-9, Residential Single Family zone. (This item should be continued to the next regular meeting.) VI. COMMUNICATIONS FROM THE PUBLIC VII. ST AFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS . IX. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, Jack Pittis PLANNING STAFF; Brad Collins, Director; Scott Jolms, Asst.ICiate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 23, 2003 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Chuck Schramm, Leonard Rasmussen, Linda Nutter, Jack Pittis Members Excused: Fred Hewins Staff Present: Brad Collins, Scott Johns Public Present: Michael Perry, Craig Gentile, Maudeen Averill, Tom Neudorfer, Jan Neudorfer, Dave Kline, Melanie Kline, Carla Sue, Don Frizzell, Dick Harig, Patricia Harig, Dan Morrison APPROVAL OF MINUTES Commissioner Pittis moved to approve the July 9, 2003 minutes with clarification that the JUDe 11,2003, and the June 25~ 2003 minutes were approved 3 - 0 with 2 abstentions, and the addition of Commissioner Nutter's name on page 7 of the July 9, 2003, minutes. The motion was seconded by Commissioner Schramm and passed 4 - 0 with Commissioners Philpott and Norton abstaining due to their absences from the meeting. Commissioners agreed to rearrange agenda items to continue an agenda item that was still being reviewed by staff. PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 03-10 - MORRISON -3800 Block Old Mill Road: Request for a duplex in the RS-9, Residential Single Family zone. Associate Planner Johns explained to the Commission that, due to issues raised regarding the project, staff has not completed the staff report or the SEP A review and recommended that the Commission continue the public hearing to the next regular meeting. Chair Nutter ask staff to provide a verbal summary of the proposal. Planner Johns provided a brief description and history of the project and answered questions. Chair Nutter opened the public hearing. Don Frizzel, 4016 Old Mill Road, asked ifhe could ask questions regarding the project? Chair Nutter asked staff to answer the questions directed to them as they had not been provided with any information on the project. Mr. Frizell asked if a new SEPA review will be required because there is a new issue regarding the duplex? Planner Johns responded that a SEP A checklist was included with the CUP application. A previous SEPA review was submitted with a clearing and grading permit application and the purpose statement on that checklist indicated the intent to create as many homes as the RS-9 zoning allowed. A Determination of Non Significance was issued for the previous permit after reviewing expected impacts of 13 residential lots being created. Staff will . . . Planning Commission Minutes July 23, 2003 Page 2 make sure that all SEP A rules are followed. Mr. Frizzell then asked if the criteria for the first SEP A review would be different than the criteria for the second review? Planner Johns replied that the checklist is the same checklist with the same questions. Mr. Frizzell asked if the second review would include review by Washington State Department ofFish and Wildlife or the Army Corp of Engineers? Planner Johns answered that the information had been forwarded to WDFW and that staff anticipated receiving their comments. Mr. Frizzell asked if it was correct that the applicant wanted to build as many duplexes as possible? Mr. Johns answered "no". The correct statement was that the applicant intended to build as many residential units as the zone would allow. Mr. Frizzell then asked that if an application for a duplex is approved, would that open the door for more duplexes at some later date? Mr. Johns replied that the parcel is large enough for additional units but would have to be subdivided and the lots would have to meet the minimum size requirement and other development standards for duplex development including CUP approval. Director Collins replied that without a specific application staff cannot speculate on future density issues. He went on to say that the City has not allowed for a multiplicity of duplexes in a single family neighborhood particularly in one block. If multiple duplexes were proposed, it is unlikely that the entire subdivision would be allowed to become duplexes because that would not be consistent with the intent of the RS-9 zone. Patricia Harig, 226 Dogwood Place, asked if Mr. Morrison would continue to work on his project even ifthe Commissioners continued the hearing? She also asked Director Collins what he meant by saying the City "tries" to limit the number of duplexes in a neighborhood. Director Collins responded that the City could not stop someone from submitting an application for a duplex in a single family zone. However if there are a number of duplexes in an area, the City will take that into account when considering requests for CUPs. There is no hard and fast rule as to how many duplexes may exist in an area but the Planning Commission does consider each conditional use application in context and will look at the intent of the zoning ordinance. Ms. Harig stated that she has lived in the area for 14 years and she and her neighbors all have problems with water in basements and are concerned that the proposed project will make the water problems worse. She wanted to be assured that the water problems would be addressed. Chair Nutter assured Ms. Harig that her concerns would be conveyed to Planning staff. Maudeen Averil, 214 Dogwood Placet stated that water runs down hill and that she has water in her basement during portions of the year. She also stated that the subject site was a wetland and water from the subject site and two small ponds on adjacent lands flow into her basement. She stated disbelief that draining and filling would be allowed in a wetland. She opposes the construction of a duplex on the site. Richard Harigt 226 Dogwood Place, asked if anyone had taken a core sample of the soils in the area stating that the soil was hard pan. Because ofthe soil being hardpan, the site was wet all winter due to water draining off the uplands to the south all the way to Dogwood Place. All the houses on the north side of Dogwood Place have ditches running to Ahlvers Road. He cannot understand how Mr. Morrison can be allowed to scrape the land off and dump dirt back on the site especially when some ofthe dirt contains batteries and scrap metal. Mr. Harig contended that duehto Mr. Morrison's filling of the site that the next time it rains Dogwood Place will flood and the Morrison site will be high and dry. Planning Commission Minl/tes July 23. 2003 Page 3 . There being no further testimony, Commissioner Philpott moved to continue the public hearing to the August 27, 2003 meeting at 7:00 p.m. The motion was seconded by Commissioner Norton and passed 6 - O. STREET VACATION PETITION - STV 03-01 ~ BLAKE SAND & GRAVEL and FERRELLGAS: Request for vacation of right-of-way described as a portion of "A" Street and the 2/3 Alley east of Marine Drive and north of Third Street. . Planner Johns presented the departmental staff report and explained that one of the adjacent property owners changed their mind about acquiring the vacated right-of-way. A letter from Blake Sand and Gravel withdrawing their application was read into the record. After discussion as to what portion ofthe alley would be vacated, what options existed for the adjacent property owners, how access would be controlled, and procedural issues, Chair Nutter opened the public hearing. No members of the public spoke regarding the proposed street vacation. Commissioner Schramm asked if the Planning Commission could modify the petition and consider only the portion of the alley that will be vacated. Director Collins stated that staff was changing their recommendation to only include that portion of the alley actually being vacated. Commissioner Pittis asked if the alley adjacent to Lot 18 would be vacated or not. Commissioner Philpott asked if staff would be modifying the findings and conclusions to reflect the true legal description of the area to be vacated. Director Collins indicated that only the legal description would be changed. Chair Nutter asked if the issue could be brought back to Commission at a later time with revisions having been made. Commissioner Schramm moved to continue the public hearing to the August 27,2003, meeting to provide staff with time to revise the findings to reflect an accurate description of the vacated property, the correct petitioner, and proposed action. The motion was seconded by Commissioner Pittis and passed 6 - O. CONDITIONAL USE PERMIT - CUP 03-09 - PERRY - 1931 West Sixth Street: Request for an accessory residential unit in the RS-7, Residential Single Family zone. Planner Johns presented the departmental staff report recommending approval of the conditional use permit as presented. . Michael Perry, 329 W J.fh Street, stated that he proposed the project to help provide affordable housing in Port Angeles. He explained the proposal for access to the primary residence and the accessory residence. Upon questioning from the Commission, Mr Perry stated that parking for the primary residence would exist in the rear of the site with parking for the accessory residence in the front, pointing out that a curb cut exists at the front of the site. Mr. Perry then asked the Commission to consider approving an additional 63 square feet of basement area for the accessory residence. Staff pointed out that the additional area would increase the accessory residence above the 50%ofthe primary residence threshold for accessory dwelling units limit and that staff would not recommend approval of additional floor space being added to the accessory dwelling unit. Chair Nutter closed the public hearing. Discussion centered around whether the proposal met the intent of the single family zone if the owner did not live at the site but rented both units. Several Commissioners indicated their concemes that the project would function as a duplex with two rental units while not meeting the lot size requirements for a duplex. A second issue introduced was that Planning Commission Minutes July 23, 2003 Page 4 . of ensuring that modifications to enlarge the accessory dwelling unit would not be made after the project is approved. Staff pointed out that a modification without subequent approval would be grounds for revocation of the conditional use pennit. Commissioner Schramm moved to direct staff to draft findings to support denial of CUP 03.09 and present those findings at the August 27, 2003 meeting. The motion was seconded by Commissioner Pittis and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Director Collins presented an overview of the results of the nearly completed watershed planning process that has been underway for several years. His presentation included proposed City vetoes and amendments to the draft plan and explained the City's position on the plan. Final comments are to be presented Friday, July 25, 2003. . Planner JoOOs presented a brief summary ofthe status ofthe City's efforts to date on updating the City's Critical Areas Ordinance. Deadlines for completion of Critical Areas Ordinance update is December 1, 2004, and deadline for completion of the Shoreline Master Program is December 1, 2011. A brief discussion of current wetland rating systems and the intended changes followed. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 9:45 p.m. ~~ Brad CollIns, Secretary ~~~ inda Nutter, Ch if PREP ARED BY: S. Johns . ~ORTANGELES WAS H I N G TON, U. S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: -;fuLl d3! ~ PLEASE NOTE: IF you plan to testify, by 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 - it onl acknowledges your resence. ADDRESS: tv / L/ 711- Agenda Item No, 2- 3 ~ 3 ..:2- 3 s C: \MyFiles\FormsIMtgrostpc