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HomeMy WebLinkAboutMinutes 09/14/2005 ~ORT ANGELES WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street September 14, 2005 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Special meeting of August 3, and regular meeting of August 10,2005 IV. PUBLIC HEARINGS: . 1. CONDITIONAL USE PERMIT - CUP 05-04 - LARSEN. 123 Forest Avenue: Proposal to construct an accessory residential unit in the RS-7 Residential Single Family zone. 2. CONDITIONAL USE PERMIT - CUP 05-05 - OLSON. 1101 E. Third Street: Convert existing detached building into an Accessory Residential Unit in the RS- 7 Residential Single Family zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS Len Rasmussen (Chalr),Chene K1dd (VIce Chalr),Dave Johnson, KeVin Snyder,Betsy Wharton, Candace Kahsh, John Matthews PLANNING STAFF Mark Madsen, DIrector, Scott Johns, ASSOCiate Planner, Sue Roberds, ASSIStant Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 14, 2005 6:00 p.m. ROLL CALL Members Present: Leonard Rasmussen, Dave Johnson, Cherie Kidd, Kevin Snyder, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: None Staff Present: Nathan West, Scott Johns Public Present: Steven Olson, Kristina Larsen APPROVAL OF MINUTES Commissioner Kalish moved to approve the August 3, 2005, special meeting minutes with one minor correction. The motion was seconded by Commissioner Kidd and passed 6 - o with Commissioner Snyder abstaining due to absence at the meeting. A brief discussion followed regarding the length of the August 10,2005, meeting and the procedures and protocols that might be used in the future to better manage meetings and public hearings. Commissioner Wharton moved to approve the August 10, 2005, regular meeting minutes as presented. The motion was seconded by Commissioner Kalish and passed 7 - O. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 05-04 - LARSEN. 123 Forest Avenue: Proposal to construct an accessory residential unit in the RS- 7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Community & Economic Development Department's staff report recommending approval of the conditional use permit with conditions. Chair Rasmussen asked why, with the amount ofland available to the applicant that she had not sought permission to construct a duplex rather than an ARU Planner Johns suggested that the question be posed to the applicant. Chair Rasmussen indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. He then opened the public hearing. Kristina Larsen, 123 Forest Avenue, indicated that she owned and resided at the site and her intention was to provide a suitable residential unit for her parents and was not interested in managing a duplex rental unit at this time. Plannmg CommISSIOn Minutes September 14, 2005 Page 2 . There being no further testimony, Chair Rasmussen closed the public hearing. Following brief discussion, Commissioner Kalish moved to approve the conditional use permit (CUP 05- 04) with the following conditions and citing the noted findings and conclusions: Conditions: 1. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory residential unit shall be clearly identified as 123 1/2 for emergency purposes. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Additionally, as long as the home occupation is active on-site, an additional two (2) off-street spaces shall be maintained within the dedicated parking area on the subj ect property for a total of six (6) spaces. Parking for the use must be located on the site. Findings: 1. Kristina Larsen submitted a Conditional Use Permit application for an accessory residential unit (ARU) on July 29, 2005, to allow the construction of a second residential use at 123 Forest Avenue. Ms. Larsen is the property owner. . 2. The site is legally described as Lots 14 & 15 , Block 26, Fogarty and Dolan's Addition to Port Angeles and is found in the RS-7 Residential Single Family zone. The site is 100' x 125' in size for a total of 12,500 square feet in area. 3. The site is found in the City's South Central Planning Area. 4. A primary residential unit and a detached accessory structure are located on the site with access off the Fogarty/Forest Alley. The accessory structure is a garage that can accommodate one vehicle but is mainly used for storage purposes. Access to the main site also exists from Forest Avenue. 5. The applicant conducts a single person beauty shop use as a home occupation at the subject residence by a permit approved in 2003. 6. The Comprehensive Plan Land Use Map designates the site as Low Density Residential (LDR). Adjacent designations are LDR. The Comprehensive Plan's goals and policies have been reviewed with regard to the proposed application and the policies identified in Attachment B to this staff report appear to be the most relevant to the proposal. Housing Element policies (A.6 and B.6) and Residential Goals (A.2 and C.2) specifically encourage accessory residential units in residential single family zones on a case by case basis. . 7. PAMC Section 17.10.010 states the purpose of the RS-7 Zone as "a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which Plannmg Commlsszon Mmutes September 14, 2005 Page 3 . . . compatible with and functionally related to a single family residential environment may also be located in this zone." The RS-7 zone standards are further defined in Attachment B to this report. 8. The existing single family residential structure has an building footprint of approximately 1560 square feet. The existing accessory structure is 760 square feet in size for a total lot coverage of 24%. The proposed accessory residential unit is 660 square feet in area for a proposed total square footage of2980 or 23%. A ARU maybe 50% the size of the primary unit. The applicant has indicated a desire to somewhat enlarge the ARU to accommodate furniture placement. A maximum lot coverage of 30% is permitted in the RS-7 zone. 9. Port Angeles Municipal Code (PAMC) Section 17.10.010 states the purpose of the RS-7 Zone as "a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone." PAMC Section 17.08.025(J) defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are . not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. " P AMC Section 17.08.01 O(B) defines an Accessory Residential Unit (ARD) as "a dwelling unit which lS zncidental to a detached single family residence, is subordinate in space (l. e., fifty percent or less space than the single family residential use), and is located on the same zoning lot as the szngle family residence. An accessory residential unit is served by water and electrical service that is separate from the primary residential service and has a separate address. " 10. Notice ofthe proposed activity was placed in the Penznsula Dailv News on August 30, 2005, with the site being posted and notices mailed to surrounding property owners on August 25, 2005. No written comments were received on the proposal. 11. The City's Responsible SEP A Official issued a determination of nonsignificance for the proposal on September 2,2005. 12. New residential development in the RS-7 zone is subject to the design and dimensional requirements set forth under P AMC 17.10.050, which includes minimum setbacks and maximum lot coverage. Development standards for residential activity in the RS- 7 zone includes 20- foot minimum front and rear yard setbacks, 7- foot side yard setbacks, and 13 foot comer side yard setbacks with a maximum of 30% lot coverage. Conclusions: 1. The proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A.2, and C.1, and Housing Element Policies A.6, and B.6. . . . Planmng CommiSSIOn Mmutes September 14, 2005 Page 4 2. As conditioned, the proposal is consistent with the City's zoning regulations, specifically with Section 17.1 0.040(A) P AMC Accessory residential uses as conditional use permits in the RS 7 zone and as defined in 17.08.01 O(B) PAM C which defines an accessory residential unit. The use is in compliance with the purpose of the RS-7 Single Family zone and densities permitted within the RS- 7 zone. 3. The proposal is consistent with the requirements for approval of a conditional use permit specified in PAMC 17.96.050. 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 ofthe proposal has been satisfied. The motion was seconded by Commissioner Johnson and passed 7 - O. CONDITIONAL USE PERMIT - CUP 05-05 - OLSON. 1101 E. Third Street: Convert existing detached building into an Accessory Residential Unit in the RS-7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Community & Economic Development Department's staff report recommending approval of the conditional use permit with conditions. Chair Rasmussen asked why the conditions did not include a requirement for a building permit as the previous conditional use had. Planner Johns indicated that in this case the structure already existed where the previous situation would require new construction. Chair Rasmussen then opened the public hearing. Steven Olsen, 1419 S. "e" Street, indicated that he is an instructor at Peninsula College and his intent is to provide residential space to foreign students and visiting faculty as the college has removed dormitory space from their campus. He further indicated that he has been preparing the house and accessory residential space for occupancy in time for the beginning of the school year. There being no further testimony, Chair Rasmussen closed the public hearing. Following a brief discussion, Commissioner Snyder moved to approve the conditional use (CUP 05-05) with the following conditions and citing the noted findings and conclusions: Conditions: 1. The applicant shall meet all permitting and utility requirements including the provision of a total of 4 off-street parking spaces, separate water and electric meters and a unique address for the ARD. Building location, setbacks and lot coverage for the Accessory Residential Unit shall be as shown in the site plan drawing submitted for Conditional Use Permit application (CUP 05-05). The proposed Accessory Residential Unit shall contain 310.5 square feet and provide lot coverage of27%. Primary access to the site shall be developed from 3rd Street, with secondary and utility access only from the 2/3 alley. Parking spaces for the accessory residential unit shall be accessed from the alley. 2. 3. Planmng CommISSIOn Mznutes September 14,2005 Page 5 . Findings: . . 1. Steven E. Olson submitted a Conditional Use Permit application CUP 05-05 to convert a 310.5 square foot area of an existing building to an Accessory Residential Unit. The area has previously been used as an apartment, however, the use had lapsed for more than one year. 2. The proposed site includes Lot 10, Block 111, Townsite of Port Angeles. 3. The site is zoned RS-7. 4. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations are also LDR, with nearby designations of Open Space (OS), and Commercial (C). The site is located in the City's East Planning Area. The subject site is located at 1101 E 3rd Street. Development in the neighborhood includes primarily single family residences with some duplex and multi - family uses nearby. 5. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose ofthe zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each app lication 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. The proposed use is evaluated to determine if the characteristics ofthe intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 6. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A and Policy A2; Land Use Element Goal B, and Policies B.1 and B.4; Land Use Element Goal C and Policies C.1; Housing Element Goal A and Policy A6, and Goal B and Policy B.5, 6; Conservation Element Goal A and Policy AI, Goal B and Policies B.1, 2, 4, 5, 8, and Objectives B.3, 4, and 7; Capital Facilities Element Policies B.I - 7, were found to be most relevant to the proposal. 7. P AMC Chapter 14.40 requires two off-street parking spaces for each residential use, or a total of four off-street parking spaces for this use. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. . . . Plannzng Commlsszon Mznutes September 14, 2005 Page 6 9. Reviewing City Departmental comments were considered in the review of this application. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on August 30, 2005, and posted on the site on August 25, 2005. Public notice was mailed to property owners within 300 feet ofthe subject property on August 25, 2005. 11. A Determination of Non-Significance was issued for this proposed action on September 14, 2005. 12. The Planning Commission opened a public hearing on the proposal at the September 14,2005, regular meeting. Conclusions: 1. As conditioned, the proposal is consistent with the intent ofthe Comprehensive Plan, specifically with Land Use Element Goal A and Policy A2; Land Use Element Goal B, and Policies B.l and B.4; Land Use Element Goal C and Policies C.l; Housing Element Goal A and Policy A6, and Goal B and Policy B.5, 6; Conservation Element Goal A and Policy AI, Goal B and Policies B.l, 2, 4, 5, 8, and Objectives B.3, 4, and 7; Capital Facilities Element Policies B.l - 7 The Plan specifies that accessory residential units should be allowed in certain zones by conditional use approval in order to provide a variety of, and adequate, affordable housing and also encourages clustering of residential development where necessary to protect environmentally sensitive areas while preserving the rights of private property ownership. The Plan's residential goals and policies indicate that a mix of uses is acceptable and even expected when desired densities are maintained. 2. The proposed use complies with Section 17.10.040(A) (RS-7 Zone) of the Port Angeles Municipal Code and, as conditioned, the proposal is consistent with development standards for accessory residential uses in the RS-7 Zone. c. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. d. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). e. As conditioned, the proposal will provide an alternate housing opportunity in compliance with established building and zoning standards. COMMUNICATIONS FROM THE PUBLIC None Plannmg CommISSIOn Mmules September 14,2005 Page 7 ~ STAFF REPORTS ZONING CODE INTERPRETATION SECTION 17.03.020 Principal Planner, Nathan West introduced the Department's interpretation of Zoning Code Section 17.03.020. Members of the Planning Commission were provided with a memo stating: The Department is requesting confirmation regarding its interpretation of section 17. 03. 020 of the zoning code. This section stipulates that the Zonmg Map must be consistent with the Comprehensive Plan Land Use Map. However, where a zoning land use designation is at a lesser mtensity than the comprehensive plan a rezone can be granted without changing the comprehensive plan. The code states: ~ 17.03.020 Zoning Map. A Zonmg Map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning RegulatlOns. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intenslty than the Comprehensive Plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest lS served. Where the zoning land use designation is at a greater intensity than the Comprehenslve Plan designatlOn, a rezone conslstent with the Comprehensive Plan must be obtained before new development will be permitted. The Department mterprets the above regulation as allowing for rezones where a lesser intensity in zoning is proposed without changing the comprehensive plan. This interpretation is based on a hierarchy of zoning intensity with Industrial bemg the most mtense use and residential being the lowest intensity. The Legal Department has concurred with this interpretation. The Department lS seeking reaffirmation of this interpretation from the Planning Commission, prior to advising an applzcant to forgo an amendment to the comprehenslve plan. It was noted that the issue was brought to Planning Commission's attention prior to advising a potential applicant of the requirements to down zone their property. It was emphasized that presently the code would allow an applicant to apply for a rezone without completing a comprehensive plan amendment, should the proposal be to change the property to a zone of lesser intensity. It was further mentioned that the Legal Department has reiterated the Department's interpretation. ~ Chair Rasmussen expressed concern over the proposed change and indicated that all zoning should be consistent with the comprehensive plan and that there is potential for this type Plannzng CommISSIOn Minutes September 14,2005 Page 8 . of rezone to occur from a high density to low density zoning resulting in a shortage oflands within the city available for high density residential development. Member's discussed the issue further and resolved to consider the issue at the next meeting. LOW IMPACT DEVELOPMENT STANDARDS Commissioner Wharton inquired as to the status of staff s completion on a list of Low Impact Development Standards (LID). It was noted that until recently the department was short staffed and that this was presently on a list of intended projects. Due to the high number of applications the staff has not yet compiled a list. A brief discussion ensued on LIDs and staff advised that it would be working on some standards in the near future. REPORTS OF COMMISSION MEMBERS Commissioner Snyder reported back to the Planning Commission on the Port Angeles Forward meeting of September 8, 2005, where the main points of discussion included progress on discussions between governmental entities on the extension of sewer into the eastern Urban Growth Area, beautification proj ects near the east entry of the city and the Gateway proj ect. ADJOURNMENT 7Y1~ 7!1~J-~ lV1ark Madsen, Secretary . The meeting adjourned at 7:15 p.m. PREPARED BY: S. Johns . · ~ORTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: .6i:.p,&J1f3~ JLj) ~~ , To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. 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. Afjf""uJ J f} ()~ ~ jLf I C7t s. r s't \t(. fA 4 ~ 3L3 c V P 65-f) C) Ik:rZ6!,YdtAr!iiv~ /i3 <J-o(~T.MCr f!A.Q836'b . . C: \My Files\FORMS\Mtgrostpc. wpd