Loading...
Minutes 09/14/1994 . . ~. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 September 14, 1994 7:00 p.m. I. CALL TO ORDER II. ROLL CALL ill. APPROVAL OF MINUTES: Minutes of August 10, and August 31, 1994. IV. PUBLIC HEARINGS: 1. PRELIMINARY SUBDIVISION - STRAIT RIDGE - Milwaukee Drive/Tenth Street: Proposal to subdivide approximately 4.3 acres into 17 residential building sites in the RS-9, Residential Single-Family District. (This hearing is continued from August 10, 1994.) 2. PETITION FOR VACATION OF CITY RIGHT.OF-WAY - STY 94(06)03 - KROH. Center Street: Petition for vacation of that portion of Center Street (10') situated between Olympus and the Olympus/Craig alley. 3. ZONING CODE AMENDMENT. ZCA 94(09)05 . DOVE. City-wide: Amendment to the Port Angeles Municipal Code and the City's zoning regulations reclarifying the definition of where minimum lot width is measured. 4. CONDITIONAL USE PERMIT - CUP 94(08)07 - CITY OF PORT ANGELES. West of Golf Course Road between Melody and Woodhaven Lanes: Request for a conditional use permit to allow a power substation to be located in the RS-9. Residential Single-Family District. V. OTHER BUSINESS: 1. BLORE - Appeal of a decision to deny a boundary line adiustment. (This item is continued from July 13, 1994.) Members: Orville Campbell, Vice Chair, Bob Wint;:rs, Cindy Souders, Bob Philpott. Linda Nutter and Tim German. Planning Staff: Brad Collins, Director; John Jimerson, Associate Planner; Sue Roberds, OlTtce Specialist, David Sawyer, Sr. Planner. . . '. VI. COMMUNICA TIONS FROM THE PUBLIC: VII. STAFF REPORTS: Vill. REPORTS OF COMJ\.lISSION MEMBERS: IX. ADJOURNMENT All correspondence penaining to a hear;'lg item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. ',. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (S minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present. unless directed to do so by the Chairman. . . . MINUTES . PLANNING COMMISSION Port Angeles, Washington 98362 September 14, 1994 7:00 p.m. CALL TO ORDER Chair Campbell called the meeting to order at 7:05 p.m. ROLL CALL Commissioners Present: Bob Philpott, Orville Campbell, Linda Nutter, Tim German. Cindy Souders. and Bob Winters Staff Present: John Jimerson. Sue Roberds, Bruce Becker, Steve Horsch, Ken Ridout, Larry Glenn and David Sawyer Public Present: John Dove, Brando Blore. Nancy McHenry, Chuck Handley, Jay Peterson, Larry and Ann Leonard, Grant Munro, Ted and Susan Kroh APPROV AL OF MINUTES Commissioner Philpott moved to accept the August 10, 1994, minutes as presented. Commissioner Nutter seconded the motion, which passed 4-0, with Commissioner Souders abstaining. (Commissioner Winters arrived.) Commissioner Souders moved to accept the August 31, 1994, minutes with a minor change in wording to the final page to read ".. .conflict would result in her missing maybe arriving one hour late to three long range meetings during the fall quarter." Commissioner German seconded the motion, which pased 5-0 with Commissioner Nutter abstaining. PUBLIC HEARINGS: PRELIMINARY SUBDIVISION - STRAIT RIDGE. Milwaukee Drive/Tenth Street: Proposal to subdivide approximately 4.3 acres into 17 residential building sites in the RS-9, Residential Single-Family District. (This hearing is continued from August 10, 1994.) Commissioner Winters announced that although he was not in attendance at the August PLANNING COMMISSION MINUTES September 14. 1994 PAGE 2 . 10, 1994, public hearing, he had reviewed the public hearing tapes and material prepared by staff with regard to the preliminary subdivision and felt that he could adequately participate in the deliberation. There was no objection from either the audience or the Commission. Mr. Jimerson reviewed a memorandum addressing concerns expressed at the August 10 meeting and responded to questions from Commissioners Philpott and Winters regarding staff's concern with the lot depth to width ratio on Lot 15 of the preliminary subdivision. He suggested two additional findings in support of staffs recommendation. Nancy McHenry, Northwestern Territories, Inc., 717 South Peabody Street, represented the applicant, and stated her specific concerns with four issues: loss of a lot due to lot depth to width ratio interpretation; requirement for residential sprinklers; performing a tree survey; and the requirement for designation of a bicycle pathway. She did not agree entirely with staff s interpretation of the lot depth to width ratio concern on Lot 15, and provided a display to better describe her rationale. All the lots comply with the definitions for lot width, side and depth requirements, she said. Previous subdivisions have been given the development option of providing more hydrants rather than requiring residential sprinklers. This development has not been given that option. . Only one previously approved subdivision required a tree survey. Vegetation removal will be reviewed under the City's Clearing and Grading Ordinance and does not need to be further conditioned for a tree survey. Mr. Handley's intent is not to clear cut the property, but to selectively thin the lots with house design needs in mind. A bicycle path was not required in any subdivision approved under the old Comprehensive Plan. The applicant does not wish to have to provide a bicycle path. Mrs. McHenry distributed a summary of her concerns in a memorandum dated September 14. 1994, and answered questions from the Commissioners with regard to her written concerns. Mrs. McHenry responded to Commissioner Philpott as to the applicant's participation in a sewer study. The study will determine the capacity of the system, and may make recommendations whether certain system improvements are necessary. It would be the City's responsibility to make the upgrades necessary. She recalled that applicants in previous subdivision approvals had been requested to perform the sewer study, due to the City's limited resources. She further responded to Commissioner Winters that she was suggesting there be a cost share for the sewer study between other developers in the area, rather than a cost share between the applicant and the City. . Ken Ridout, City Deputy Director of Public Works, responded to Commissioners regarding the capacity of Pump Station No.1, which would serve the area. He answered Commissioner Souders that if capacity is reached at the pump station due to development in the area, a moratorium will be put in place until the situation is corrected. Three of the four preliminary subdivisions approved for the area are now seemingly defunct, so development in the area is slower than anticipated. The pump station at the bottom of Hill Street is scheduled for enlargement in 1997 or '98, and Pump Station No.1 removed. PLANNING COMMISSION MINUTES September 14, 1994 PAGE 3 . Until that time, no information is available regarding the capacity of the station. Mr. Ridout responded to Commissioner Souders that there could be cost sharing between the developers in the area to do the study. The City is not prepared to perform the study at the present. If a development is held up due to the need for the study, that developer could perform the study and be partially reimbursed by a system similar to a latecomer's fee when hookups are requested in the future. The options haven't been thoroughly analyzed as yet due to the fact that approved developments in the area haven't materialized . Chuck Handley, P.O. Box 1267, Issaquah, W A, explained his desire to selectively thin trees from the site leaving as many as possible. The trees that would be in the way of a house plan or access would be removed. Mrs. McHenry responded to Commissioner Souders that all the lots on the cul-de-sac meet the width to depth ratio, in her opinion. Each lot contains a minimum thirty-foot width along the street. House sites will probably be further away from the street than the minimum setback required due to the long, narrow configuration. Mr. Jimerson reiterated the staffs concern regarding the narrow lot widths resulting in very little on-street parking on the cul-de-sac and the narrow distances between structures. . Larry Leonard. 1030 Olympus Avenue, questioned whether the City has the opportunity to require an arborist to provide a tree survey for this subdivision. There is no statutory requirement to provide for a bicycle path. Commissioner Nutter indicated that clarification needs to be provided regarding the applicant's participation in a sewer study which will be needed in the near future for continued development in this area. Jay Peterson, 620 East Front Street, noted that in the development of this preliminary subdivision, the projected cost analysis was based upon the available required information. The proposal for an arborist and designation of a bicycle path was not available. The number of lots proposed is required to make the project work, given the cost of the development of the required utilities. He stated support of the four areas of concern expressed previously by Mrs. McHenry. . Larry Glenn, City Fire Chief, stated that subdivisions approved prior to late 1993 were approved without the requirement for residential sprinklers before the City Council determined not to build a west end fire station. The cost to man a second fire station is in excess of $500,000 a year, not including the cost of construction. When the City Council decided not to consider a second fire station for the west end of Port Angeles, it became mandatory to require residential sprinklers. Therefore, any new subdivision will be required to have residential sprinklers in all habitable structures outside of the four minute response radius. It is possible to increase the distance between fire hydrants with residential sprinklers as well as downsizing of water mains, when the Public Works Department agrees, with use of the sprinklers as the waterflow requirement is reduced to one-half. PLANNING COMMISSION MINUTES September 14, 1994 PAGE 4 . Bruce Becker, City Fire Marshal, added that the City endeavors to work with developers whenever possible and allows that if residential sprinklers are installed, cul-de- sac diameters can also be reduced to eighty foot tum-arounds rather than one hundred foot turn-arounds. Hammerhead "T's" can also be used. Nancy McHenry closed by stating that the subdivision application was submitted and is while the City was still working under the old Comprehensive Plan. Residential sprinklers were not required under that Comprehensive Plan. She asked that the subdivision be reviewed with those regulations in mind. John Jimerson provided that State law (58.17.100 RCW) gives the City statutory authority and requires subdivisions to be approved consistent with the Comprehensive Plan. He noted several citations included in the City's old Comprehensive Plan which relate to the conditions recommended as to bicycle paths, fire protection and tree preservation. There being no further testimony, Chair Campbell closed the public hearing. Mr. Jimerson responded to the Commission that a bicycle path would need to be a striped area at the side of a traveled roadway, not specifically be a channelized pathway. . The Commission further discussed the need for a study of the capacity of Pump Station No. 1. at length. Mr. Jimerson noted that a final plat would not be approved until adequate capacity can be demonstrated at Pump Station No.1. Commissioner Winters asked Ken Ridout what width would be required for a bicycle path. Mr. Ridout responded that there is adequate width along Milwaukee for a marked lane for bicycle travel outside the traveled way for motorists. Commissioner German stated that because the City is not planning to construct a fire station on the west side of town is not reason enough to expect homeowners to pay more for their homes by requiring the installation of residential sprinkler systems to provide fire protection. The old Comprehensive Plan does not require sprinkler systems; the new one does. Perhaps a good starting place to require sprinkler systems is with the first subdivision under the new Plan. . Bruce Becker stated that the City is trying to bring affordable fire protection to City residents. The Commission is concerned about the affordability of residential sprinklers. The $500,000 a year cost of just manning a west end fire station is a cost that can be avoided by requiring new development to install sprinklers. This development is in the six to seven minute response area for emergency service. The requirement to install residential sprinklers puts the responsibility and the cost of life safety on the citizens as well as fire personnel. The Fire Department has decided that this is the point where residential sprinklers will be required because of the impact that they bring. The spacing standard would be every five hundred feet with sprinklers which would reduce the number of hydrants. Commissioner Nutter noted that the improved width of Milwaukee Drive could easily provide for the designation of a bicycle path. She concurred with the Fire Department's requirement for residential sprinklers as the safety of the residents is of paramount . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 5 importance. The lot width to depth ratio was discussed further as complying at least with the intent of the ordinance in this instance. Following continued discussion on the lot ratio, Commissioner Winters moved to approve the preliminary subdivision with the foDowing conditions: Conditions: 1. The final plat shall be substantially in accord with the preliminary plat of Strait Ridge Subdivision as prepared by Northwestern Territories Inc.. dated received August 26, 1994, except as may be modified by conditions stated below: 2. Prior to final plat approval, the water line shall be extended to the to the cul-de- sac to meet city standards. 3. Prior to final plat approval, the applicant shall extend the 8 inch sewer in 10th Street to the east property line of the subdivision. A manhole shall be installed in the Milwaukee Drive right-of-way and a 6 inch stub to the cul-de-sac shall be provided. 4. Prior to final plat approval, the applicant shall demonstrate that adequate capacity in the sewer system, including but not limited to Pump Station No.1, exists to accommodate 300 gallons per person in the subdivision per day. The City will set up a system to provide for latecomer's fees for subsequent development to cover the cost of a sewer study for the area. 5. Prior to final plat approval, the applicant shall improve frontage along Milwaukee Drive and Tenth Street to city standards. including paving, curb, gutter and sidewalk, and to fully improve the cul-de-sac to full standards including paving, curb and gutter. 6. Prior to removing any trees from the site, the applicant shall submit a proposed plan for the preservation of existing natural vegetation. The plan shall be submitted to the Planning Department prior to final plat approval. 7. Prior to final plat approval. a storm water plan shall be submitted to the City Engineer for approval. This plan shall provide for on-site erosion detention control and storm drainage per the Clearing and Grading Ordinance. 8. The final plat shall include a ten foot wide easement along the street frontages of all lots. 9. A fire hydrant shall be installed on the comer of Lot 9 prior to approval of the final plat for Phase I. 10. A note shall be placed on the final plat stating that all homes in the subdivision shall be provided with an automatic sprinkler system. II. New powerlines serving the subdivision shall be underground. . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 6 Findings: 1. The request is for approval of a 17 lot subdivision at the northeast corner of Milwaukee Drive and Tenth Street. The proposal includes allowing phasing of the final plats. 2. The site is designated Low Density Residential on the Comprehensive Plan Land Use Map. The proposal has been reviewed with respect to the goals, policies and objectives of the Plan, the most relevant of which includes: Goals Nos. 1. 3. 4 & 5; Residential Policies Nos. 4, 5, 7-9, 11 and 12; Circulation Policies Nos. 1, 2, 4. 7. 8, 10, 11 & 20; Parks and Recreation Policies Nos. 1-5; Urban Design Policies Nos. 2 & 4; Community Facilities and Services Policy No.2; Open Space Policy No.3; Social Objectives Nos 1-3; Circulation Objectives Nos. 1-2; and Land Use Objectives Nos. 1-6. 3. The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW. 4. The property is zoned RS-9. 5. Milwaukee Drive and Tenth Street have been identified as arterial roadways. 6. A Mitigated Determination of Non-Significance was issued on July 28, 1994, which requires off-site improvements to Milwaukee Drive. 7. The Subdivision Ordinance states that the lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision for the type of development and land use contemplated. and shall conform with the requirements of the Zoning Ordinance. 8. Section 16.08.050(E)(2) PAMC reads "Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than twice its width." 9. The applicant has stated his desire to leave as much natural vegetation as possible. 10. Milwaukee Drive is likely to be a bicycle route in a future bicycle plan for the City. Conclusions: A. As conditioned, the subdivision is consistent with the 1976 Port Angeles Comprehensive Plan, which was in place at the time of this subdivision application. B. As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations. C. Appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainageways, streets or roads, alleys, other PLANNING COMMISSION MINUTES September 14, 1994 PAGE 7 . public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds. schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school. D. The public interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act. Commissioner Souders seconded the motion and offered a friendly amendment to include wording to Condition No.4 setting up a system to provide for latecomer's fees. The maker of the motion concurred. Commissioner Philpott offered a second friendly amendment to Conclusion "A" which would indicate the time of subdivision application. The maker and second of the motion concurred. The question was called for aDd passed unanimously. . PETmON FOR VACATION OF CITY RIGHT-OF-WAY - STV 94(06)03- KROH, Center Street: Petition for vacation of that portion of Center Street (10') situated between Olympus and the OlympuslCraig alley. Commissioner German stated he had a conflict of interest with the street vacation petition, as he works closely with both the petitioner and the applicant. He was excused from the proceedings and left the meeting room. John Jimerson reviewed the Department Report. Chair Campbell opened the public hearing. Ted Kroh, 202 Motor A venue, stated that Center Street would only be affected for the length of the subject property if this vacation were approved. The Krohs are interested in the purchase of the property to build a home, however, due to the fact that the property is a comer lot, the side yard setbacks along with the non-conforming narrower than normal lot would result in only a fourteen-foot building envelope, without the requested right-of-way purchase. He asked for favorable consideration of the request. . Chair Campbell questioned the applicant as to the possibility of obtaining the adjacent lot to the east, which is owned by the same property owner. Mr. Rick Anderson, thereby increasing the lot area. Mr. Kroh responded that although Mr. Anderson is the owner of four lots, he could not speak as to the availability of the properties. Also in response to Commissioner Souders, Mr. Kroh answered that the property is available to him at approximately $12,000 to $14.000, but if he had to purchase the adjoining lot, the two lots would then be unaffordable. There was discussion concerning the possibility of the combination of the non-conforming lots into lots which would comply with the minimum lot size in the RS-9 zoning district. Mr. Jimerson answered that because there are five lots in this block which are owned by . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 8 the same owner, that owner could replat or combine lots so that the resulting lots are larger, thereby eliminating the need for this street vacation. Larry Leonard, 1030 Olympus Avenue, spoke in favor of the street vacation petition. Such an action would allow infilling in this area of non-conforming lots and would encourage a more urban rather than rural growth pattern. He noted that the Public Works Department indicated the vacation would not hinder public use of the street were it to be opened at a future date and vacation of the right-of-way would bring the lot that much closer to conformance. Mr. Leonard believes Center Street will never be developed as there is no need for street access at that location other than what currently exists. Discussion ensued between Mr. Leonard and Commissioners Campbell and Souders resulting in the belief that although other lots in the area are substandard as to lot area, those lots would be built on at some point without the need for vacation of right-of-way. Susan Kroh, 202 Motor Avenue, stated that the combination of Lot 16 with Lot 15 would put the property out of their reach financially. The easterly four lots owned by Mr. Anderson have been pre-sold and are therefore not available. A fourteen foot wide home would not be an attractive addition to the neighborhood. There being no further public testimony, Chair Campbell closed the public hearing. Commissioner Philpott questioned whether public safety would be compromised if the right-of-way were to be vacated. as Center Street would not be the same width for its entire length. Development to the south could initiate the development of the street. Ken Ridout, Deputy Director Public Works, responded to Commissioner Philpott that if Center Street were to be vacated as requested, and opened in the future, the roadway surface could still be developed at the current City standard of thirty-four foot wide each side with eight-foot shoulders on each side. Commissioner Nutter questioned whether it wouldn't be more reasonable to allow a reduction of the sideyard setbacks than to give up the right-of-way at this time for the proposed use. Chair Campbell concurred. Commissioner Winters moved to forward a recommendation of approval of the street vacation petition citing the following findings and conclusions: Findings: 1. The request is to vacate roughly 1,150 square feet of the Center Street right-of- way. 2. The right-of-way proposed for vacation abuts Lot 16, Block 1, Illinois Addition. 3. The City's minimum standard right-of-way width is 60 feet, with a provision to allow 50 feet widths for short streets. The proposal would result in a right-of-way width of 50 feet. . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 9 4. The property in the vicinity is zoned RS-9. 5. There are five undeveloped, substandard lots east of the Center Street right-of- way. The lots contain roughly 4,600 s.f. of area and a width of about 40 feet. 6. There are Comprehensive Plan Policies requires development of new street standards for bicycle routes and pedestrian walkways. The amount of right-of-way necessary once the standards are developed is unknown. 7. The City Public Works Department indicated that a fifty-foot right-of-way could accommodate streets and utilities designed for current City standards. Conclusions: A. Vacation of this portion of the Center Street right-of-way is in the public use and interest and would be a public benefit. In speaking to his motion, Commissioner Winters stated that the motion is due to the existing location and traffic patterns. Significant traffic patterns do not exist in the area. The area is not likely to develop in such a manner that future road improvements would be needed to accommodate a greater amount of traffic. Commissioner Souders seconded the motion, and stated that this particular area is a good place to accommodate substandard lots and irregular streets. In response to Commissioner Philpott, Mr. Kroh answered that he is representing himself as a prospective purchaser of the property in this petition. He originally considered a variance to make the building footprint more desirable, however, in speaking to City staff, felt the vacation would be the better approach. On call for the question, the motion passed 4-1, with Commissioner Nutter voting "no" . Commissioner Nutter noted that her negative vote was due to the fact that the vacation would create an irregular street configuration for private interest. It is possible that a variance would be granted which would allow for a standard building footprint without the need for the vacation. Commissioner German returned to the meeting. ZONING CODE AMENDMENT - ZCA 94(09)05 - DOVE. City-wide: Amendment to the Port Angeles Municipal Code and the City's zoning regulations reclarifying the definition of where minimum lot width is measured. John Jimerson reviewed the Department Report. Chair Campbell opened the public hearing. John Dove, 535 West Sixteenth Street, introduced. himself and was available for questions. . . . PLANNING COMMISSION MINUTES September 14. 1994 PAGE 10 There being no further comment, Chair Campbell closed the public hearing. Commissioner Nutter asked staff what problems are foreseen in the event the proposed amendment is approved. John Jimerson responded that the amendment is minor and should not cause any problems. There being no further discussion, Commissioner Souders moved to recommend approval of the Code amendment citing the following findings and conclusions: Findings: 1. The amendment would allow the minimum lot width to be measured at the front setback line instead of at the middle of the lot, provided the average width of the lot ffiets or exceeds the minimum lot width in either case. 2. The Comprehensive Plan has been reviewed with respect to the proposal. Land Use Policy B.2 states that residential lots shall have a reasonable shape. 3. The zoning code amendment was applied for to allow for flexibility in the design of lots. 4. A Determination of Non-Significance (DNS) was issued for the proposal on July 25, 1994. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals as identified in the staff report. C. The Zoning Code Amendments are consistent with the intent of Chapter 17.21 of the Port Angeles Municipal Code. Commissioner German seconded the motion, which passed 6 - O. CONDITIONAL USE PERl\1IT - CUP 94(08)07. CITY OF PORT ANGELES. West of Golf Course Road between Melody and Woodhaven Lanes: Request for a conditional use permit to allow a power substation to be located in the RS-9, Residential Single-Family District. Mr. Jimerson reviewed the Department Report. Chair Campbell opened the public hearing. Steve Bursch, City Light Engineering Manager, stated that the City has looked at several other sites for a new power substation for the east side of the City but this site offers access to the existing Bonneville Powerline corridor. A new substation is needed on the east side to accommodate current and future development patterns. One . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 11 neighboring property owner inquired. as a result of the required mailing to neighboring property owners, as to the project, but did not voice any concerns, and was not in attendance at the evening's hearing. There will be a twenty-foot buffer to the north and the development will be kept away from the on-site wetland. Equipment will be placed at the south of the site. Typically the utility is a good neighbor as the sites are kept free of debris and landscaped to blend in with the neighborhood. There are no PCB's in the oil used at the site. There being no further comment, Chair Campbell closed the public hearing. Following brief discussion, Commissioner Philpott moved to approve the conditional use pennit with three conditions, citing the following findings and conclusions: Conditions: 1. The applicant shall site substation facilities to minimize adverse impacts from EMF and noise on adjacent residential properties. 2. The applicant shall comply with the City's Wetland Protection Ordinance as it may apply. 3. City Light will participate in the LID for the area. Findings: 1. The request is to allow a City Light electrical power substation located on a 19.600 square foot portion on a 4.93 acre parcel and serving City residents and commercial customers on the east side of the City. 2. The minimum lot size for a public utility structure in the RS-9 Single Family Residential Zoning District is 9000 square feet. 3. The site is in an area which has been approved for annexation to the City of Port Angeles, subject to conditions being met by the property owners. 4. The Comprehensive Plan does not designate land use for the site, because of a pending City/County Sub-Area Plan. The site was identified as suburban residential in the City's 1976 Comprehensive Plan and is zoned UR-l Urban Residential with half acre minimum lot size in the Clallam County Zoning Code. 5. The Comprehensive Plan Goals, Policies, and Objectives were reviewed with respect to the proposed project. The following policy statements were found to be most relevant to the proposed conditional use permit: Land Use Policy A.2 and Goal B; Utilities & Public Services Goal A, Policy A.l, Goal D, Policy D.l, Policy D.5, Policy D.9. and Objective D(1); Housing Policy A.5; Conservation Policy A.5 and Policy A.6; and Capital Facilities Policy A.2, Policy A.9, and Policy B.5. . . . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 12 6. A Determination of Non-Significance was issued for the conditional use permit on August 17, 1994. 7. The site is located adjacent to the Bonneville Power Administration main transmission lines to Port Angeles. 8. Development of the site will be subject to the City's Wetlands Protection Ordinance. 9. City Lights is planning the project to improve system reliability and increase load capacity to serve customers consistent with the City's Capital Facilities Plan requirements. Conclusions: A. The property is zoned Single Family Residential (RS-9), pending completion of the annexation, which has been approved with conditions. B. The characteristics of the proposed use as related to the specific proposed site would not defeat the purpose of the RS-9 Single Family Residential District by introducing incompatible, detrimental. or hazardous conditions. c. As conditioned, the proposed use is compatible with and functionally related to the surrounding uses and the intent of the RS-9 zone and is not found to be detrimental to surrounding properties. D. The proposal is consistent with the Comprehensive Plan policies listed in Finding No.5. E. The Conditional Use Permit is in the public use and interest and protects the public health, safety, and welfare. Commissioner Winters seconded the motion, which passed unanimously. The Commission took a break at 11:00 p.m. The meeting reconvened at 11:05 p.m. OlliER BUSINESS: BLORE - Appeal of a decision to deny a boundary line adjustment. (This item is continued from July 13, 1994.) Mr. Jimerson opened discussion reminding the Commission that this item is continued from the discussion held on July 13, 1994. At the previous meeting, Mr. Blore's representative, Jeff Drabing, Northwestern Territories, Inc., suggested that possibly an easement would be a means to the end Mr. Blore wishes. In subsequent discussion with the City Attorney. it was determined that an easement would not solve the applicant's concerns. PLANNING COMMISSION MINUTES September 14, 1994 PAGE 13 . Craig Miller, 230 East Fifth Streett indicated that if the shed and carport on Lot 14 are removed, the situation would become one of no uses on Lot 14, with the exception of an eighteen inch encroachment from one of the two residential structures on Lot 13. The boundary line adjustment being requested would simply clear title to Lot 14. He suggested an alternative adjustment in which the line is minimally adjusted to eliminate the encroachment. Commissioner Winters and Mr. Miller discussed the possibility of a claim of adverse possession resulting in Lot 14 becoming non-conforming in size by adverse possession. The possibility of removing eighteen inches of the residence was also discussed. Mr. Bloret stated that the encroaching structure is a six hundred square foot residential unit. The side where the encroachment exists is a bedroom. He had not looked into the cost of removing eighteen inches of the building wall. Mr. Jimerson responded to Commissioner Winters that if a survey had not been done it is likely that the encroachment might have gone unnoticed. However, the Building Division's new procedure is to inspect each site prior to issuing a building permit, therefore. it is not fair to say it would not have become a problem at a later time. The Commissioners discussed various scenarios which might result in Lot 14 being buildable. However, no solution was found. . Commissioner Winters stated that the boundary line adjustment process is a method of remedying pre-existing land use situations that were not created in bad faith. This proposal does not create any new building sites. The process is in the public's best interest. He then moved to recommend approval of the boundary line adjustment as proposed, citing the following rmdings and conclusions: Findings: 1. The request is to adjust the boundary line between Lots 13 and 14. Block 95, TPA, as depicted in the plan titled ItBrando Blore Survey" dated March 3, 1994, prepared by Northwestern Territories, Inc. 2. The subject property is identified by the Port Angeles Comprehensive Plan as Urban Residential, which encourages residential development with lots between 7.000 and 9,000 square feet in size. 3. The subject property is identified by the Port Angeles Zoning Code as Single Family Residential, RS-7. 4. There are two houses, a carport and a shed located on the site. One house is entirely on lot 13, the carport and shed entirely on lot 14 and the second house is located on both lots. . 5. The proposed lot width of Lot 13 at its midpoint is 44.5 feet and its average lot width is 47.9 feet. The RS-7 requires a minimum width of 50 feet at the midpoint and an average of 50 feet. PLANNING COMMISSION MINUTES September 14, 1994 PAGE 14 6. The lot coverage on the proposed lot 13 would be about 32.5%, which is a pre- existing, non-conforming condition. The maximum allowed in the RS-7 is 30% . 7. The Port Angeles Public Works, Light and Fire Departments reviewed the proposed boundary line adjustment and their comments have been considered in the review. 8. The Planning Department issued a decision of denial of the boundary line adjustment on April 14, 1994. A timely appeal was ftloo by the applicant on May 12, 1994. Conclusions: A. The proposed boundary line adjustment does not meet the requirements of Chapter 16.12 PAMC. The resulting lots would not meet the lot width requirement for the RS-7 zone, lot 13 would exceed the lot coverage requirements of the RS-7 zone. B. The proposed boundary line adjustment plat is not consistent with the RS-7 requirements of the Port Angeles Zoning Ordinance. C. Approval of the boundary line adjustment serves the public health, safety and general welfare of the community in that it recognizes a pre-existing condition and allows for full use of the property. . D. The proposal would not create an additional building site. Mr. Jimerson asked Commissioner Winters for clarification that the motion is with the acknowledgment that the proposal does not meet with the intent of the Boundary Line Adjustment Ordinance or the City' s Zoning Ordinance. Commissioner Winters responded "yestl. Mr. German seconded the motion, which passed 3 - 2, with Commissioners Nutter and Campbell voting in the negative. Commissioner Nutter expressed doubt that this is the approach the Commission should take on this proposal. The legal ramifications are not clear. She requested Mr. Miller further exlain the difference between the original adjustment as proposed for approval, or the alternate, proposed by Mr. Miller. . Mr. Miller stated that it appears that the motion is slightly different than what he was requesting. Mr. Winters' motion indicates that because there were two lots and this is an obstruction the adjustment doesn't create a new building site; therefore, the original proposal is adequate under the circumstances. That leaves you with conflict with the zoning ordinance. Lot coverage on the proposed Lot 13 would be 32 %, and therefore nonconforming. The lots won't meet the minimum width requirement as originally proposed. . '. . PLANNING COMMISSION MINUTES September 14, 1994 PAGE 15 Commissioner Nutter stated that she would prefer to approve Mr. Miller's alternate proposal which would be closer to being in compliance with zoning standards regarding lot width. Commissioner German proposed a friendly amendment to Finding No.7 to recognize the pre-existing nonconfonning lot coverage to Lot 13, and to Conclusion No. "C" to acknowledge the same. Commissioner Winters agreed. On call for the question, tbe motion passed 3 - 2, with Commissioners Nutter and Campbell voting in tbe negative for the reason stated by Commissioner Nutter. COl\1l\fiJNICA TIONS FROM mE PUBLIC None. STAFF REPORTS: Mr. Jimerson stated that staff may make a different recommendation to the City Council on the Blore interpretation if the City Attorney is uncomfortable with the Commission's recommendation. He expected that staff would work with the applicant's representative, Mr. Miller, in that respect as well. There was to be a budget presentation at this point in the agenda made by Mr. Sawyer, however, due to the lateness of the hour, the Chair suggested the information be left with the members for discussion in October. REPORTS OF COMMISSION MEMBERS: Commissioner Nutter noted an article on the Growth Management Hearings Board which was in the most recent copy of the Puget Sound Business Journal. In response to Commissioner Winters, Mr. Jimerson stated that it was his understanding that the Council would have a new Commissioner appointed for the October meeting. ADJOURNMENT The meeting adjourned at 11:50 p.m. c~ . ~ohn Jip1erson, Acting Secretary (; . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: 14~ --C /1/ 199"/ -- 7 / tu d11. .