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HomeMy WebLinkAboutMinutes 09/23/1998 r' . n .. . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. - PI.A.Ntm~G AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, WA 98362 SEPTEMBER 23, 1998 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of August 26, 1998 IV. PUBLIC HEARINGS: 1. CD-.NDITIONAL USE PERM~.&OB - REESE, 814 Eunice Street: An application to develop an accessory residential unit in the RS-7, Residential Single Family zone. 2. eRELlMlNARY SU.BDJYJSION PROPOSAL - KEelER, Fourteenth Street approximateJ},-~lQO--1eet west of "Nil Slre.et A preliminary subdivision application resulting in 15 lots on a 4.4 acre parcel of property in the RS-9, Residential Single Family zone. V. PUBLIC MEETING: 3. REZ.QNE PROPOSA~EZ 98-O~, 718 East Third Street Request to rezone 7.000 square feet of property from RS-7, Residential Single Family, to PBP, Public Buildings and Parks. VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS 1999 Preliminary Budget Information VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSION: Dean Reed. (Chair), Mary Cra\'CT (Vice), Bob King, Cindy S<JUdelli, Linda Nutler, Fred Hewins, Paul Ziakin. ST AFF: Brad Collins, Director, Sue Roberds Planning Specialist, David Sawyer. Senior Planner. . . . All correspondence perlaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting! hearing will be provided to Commission members at the meeting. 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 (5 minutes each) or make inquiries. The Chair 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 Chair. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 23,1998 7:00 p.m. ROLL CALL Members Present: Fredric Hewins, Cindy Souders, Mary Craver, Bob King Members Excused: Linda Nutter, Dean Reed, Paul Ziakin Staff Present: Brad Collins, Sue Roberds, Dan McKeen Public Present: Ronald Reese, Dan Maguire, S. Brooke Taylor, Steve Zenovic, Tom Kepler APPROVAL OF MINUTES Commissioner Souders moved to approve the August 26, 1998, minutes as submitted. The motion was seconded by Commissioner King and passed 3-0 with Commissioner Craver abstaining. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 98-08 - REESE. 814 Eunice Street: An application to develop an accessory residential unit in the RS-7, Residential Single Family zone. Planning Specialist Sue Roberds reviewed the Planning Department's report recommending approval of the application with conditions. Vice Chair Craver opened the public hearing. Ronald Reese, 814 Eunice Street, agreed with staff's analysis and recommendation. There being no further testimony, Vice Chair Craver closed the public hearing. Commissioner King moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions: 1. All aspects of the remodel, or if the applicant chooses to demolish the garage and construct a new unit, shall meet or exceed local, state, and federal fire, electrical, and building codes, as adopted by the City of Port Angeles. . . . Planning Commission Minutes September 23.1998 Page 2 2. Two (2) parking spaces shall be provided for the accessory residential unit. This is in addition to the two spaces required for the existing residence. The parking spaces proposed off Eunice Street will require an approved curb cut from the City's Engineering Department. 3. A separate electrical meter service shall be installed for the accessory residential unit. 4. The accessory residential unit shall not be occupied by more than two persons at any time. 5. A Right-Of-Way Use Permit or easement must be obtained for any encroachment into the right-of-way that is discovered during the course of construction. Findings: Based on the information provided in the Planning Department Staff Report for CUP 98-08 dated September 23, 1998, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Ronald Reese, submitted a Conditional Use Permit application to the City on August 10, 1998. A Determination of Completeness was published on August 31, 1998. The associated public comment period ended on September 15, 1998, with no written comments received. 2. The application is to develop a 375 square foot accessory residential unit on a RS-7, Residential Single Family, zoned property. The existing residential unit contains approximately 1600 square feet in area. 3. Section 17.08.010B of the Port Angeles Municipal Code defines an accessory residential unit as "a dwelling unit which: A) is incidental to a detached single family residence B) is subordinate in space (i.e., fifty percent or less space than the single family residential use), and C) is located on the same zoning lot as the single family residence." 4. Section 17.08.025J of the Port Angeles Municipal Code 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." 5. Section 310.7.1 ofthe 1997 Uniform Building Code states that an Efficiency . . . Planning Commission Mi7lUtes September 23, 1998 Page 3 Dwelling Unit "".shall have a living room of not less than 220 square feet of superficial floor area. An additional 1 00 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two." 6. A Determination of Non-Significance (DNS #812) was issued for this proposal on September 16, 1998. 7. The site is designated by the Comprehensive Plan as Low Density Residential. 8. The subject site currently supports a 1940's era home with a detached non confonning garage. A portion of the residence and garage are located in the City right-of-way. 9. An accessory residential structure is a conditionally permitted use in the RS-7 Zone. 10. Existing land uses adjacent to the subject site are as follows: To the north: To the south: To the east: To the west: professional offices with rear parking areas single family residences single family residences single family residences 11. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet in length and that two off-street parking spaces be provided for each unit of a single, two, or three family structure. Conclusions: Based on the information provided in the Planning Department Staff Report for CUP 98-08 dated September 23, 1998, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Conunission's discussion and deliberation, and the above listed condition of approval and the above listed findings. the City of Port Angeles Planning Commission hereby concludes that: A. The Comprehensive Plan's Land Use Element Policies A2 and Cl, Housing Element Policies A6 and B6 and 7 are directly relevant to the proposed project. B. As conditioned, the proposed use is consistent with the intent of the Comprehensive Plan's Medium Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2 and C 1, Housing Element Policies A6 and B6 and 7, and the regulations of the City's Zoning Ordinance including those of P AMC 17.08.01O-B, PAMe 17.08.025-J. and the RS-7 zone. D. As conditioned the proposed project is in the public use and interest. Planning Commission Minutes September 23, 1998 Page 4 . The motion was seconded by Commissioner Hewins and passed 4 - O. PRELIMINARY SUBDMSION PROPOSAL - KEPLER. Fourteenth Street approximately 900 feet west of"N' Street: A preliminary subdivision application resulting in 15 lots on a 4.4 acre parcel of property in the RS-9, Residential Single Family zone. Planning Specialist Sue Roberds reviewed the Planning Department's staff report recommending approval of the preliminary subdivision with conditions. Planning Director Collins clarified that although staff's recommendation is to provide sidewalks on Fourteenth Street per the City's Transportation Service and Facilities Plan (TSFP), if the TSFP is amended prior to final approval of the plat where Fourteenth Street is no longer an arterial, sidewalks would no longer be required for new development. Vice Chair Craver opened the public hearing. Mr. Collins clarified why improvements to both Fourteenth and Sixteenth Streets are being required per the City's development standards. . Steve Zenovic, Polaris Engineering, 767 Black Dianwnd Road, representing the applicant, explained how site development would accommodate drainage patterns in the area. The applicant objects to staffs suggestion that the cui de sac should be eliminated as the ultimate development of the site could be to resubdivide Lot 15 at a future time with access to Sixteenth Street for the newly created lots. The creation of a through road between Fourteenth and Sixteenth Streets would allow for more through traffic as well which is not desirable. The applicant is not proposing development to Sixteenth Street at this time and does not feel that Fourteenth Street should be widened to a full width until such time as additional development of the area to the east occurs. Sue Roberds provided overhead displays of the area for visualization of the proposed site development and other area developments. Tom Kepler, 131 East Twelfth Street, stated that it is his intention to construct homes in the $130,000+ price range consistent with existing housing in the area. The cuI de sac is intentionally designed in a meandering fashion to lend character to the development. Working in the real estate field, he is aware that there are no new subdivisions in the City for in-fill development. He hopes to provide a quality development but does not believe that the improvements required by the City's subdivision standards are equitable for the project. . Planning Director Collins explained that Sixteenth Street immediately west of the site is unimproved, The existing abutting development is a single lot of short plat (Ked Ter Woods) with access to Sixteenth Street. A Local Improvement District (L.I.D.) nonprotest agreement was signed for the Ked Ter Woods development. There was no opportunity to require improvement to Sixteenth Street for the multiple family development southeast of the subject property (Fairchild Heights) as it was permitted without subdivision under the Residential Medium Density (RMD) zone. At the time of subdivision, the city must impose development standards required of the city by the state. Existing development standards require more improvements than in years past to adequately plan for the development of neighborhoods and . . . Planning Commissiol1 Minute: September 23, 1998 Page 5 the safety of pedestrians. City ordinances do not discourage cuI de sacs, however, excessively long cui de sacs are not allowed. The applicant's representative has stated that the proposed cui de sac can easily be redesigned to meet City standards. Minimum street improvements for 14th and 16th streets still would be required even if the proposal were reduced to a short plat. We have reached a time when the City cannot be discretionary about development standards, and mistakes of the past should not be continued. The applicant may be able to recoup a portion of the off-site developments through latecomers methods, In response to a question, Mr. Collins answered that the area to the east is not categorized as wetland on the City's Environmentally Sensitive Areas (ESA) Map (the area is also not classified as a frequently flooded area). Vice Chair Craver called for a break at 8:40 p.m. The meeting reconvened at 8:50 p.m. Steve Zenovic responded that it is not feasible nor reasonable to ask a developer to put in excessive improvements in approval of the proposed subdivision. Tom Kepler answered that he would not oppose being party to a L.l.D. nonprotest agreement for developments to Sixteenth Street abutting the site. In response to Vice Chair Craver, Mr. Kepler stated his willingness to continue work with staff to resolve some of his issues with those improvements being imposed per the City's standard subdivision regulations. Dan McKeen, Fire Marshall, responded to Commissioner Souders that the Fire Department originally stated its preference for through access from Fourteenth Street to Sixteenth Street through a memorandum to the Planning Department, however, if redesigned, a shortened cui de sac would not be a problem. Commissioner Souders moved to recommend that the City Council approve the preliminary subdivision with the following conditions, findings, and conclusions: Conditions: 1. The site shall be designed to provide optimum circulation in the area. 2. The unnamed interior street shall be identified, dedicated and improved to City standards, prior to approval of the final plat. 3. The fire hydrant spacing shall be as required by the City Fire Department. Residences shall be sprinklered. 4. Electric utility service to the subdivision shall be underground, and 10-foot utility easements shall be dedicated along Fourteenth and Sixteenth Streets as required. 5. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works Department with an 8 inch main. r' . . . Planning Commission Minutes September 23, /998 Page 6 6. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from Sixteenth Street looped through to Fourteenth Street and shown on the final plat. 7. Stormwater and street improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and subdivision design standards and made prior to final plat approval. 8. Sidewalk shall be developed to the City's Urban Services Standards and Guidelines along the frontage of the property abutting Fourteenth Street as an arterial. 9. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Building Division. 10. The applicant shall place a statement on the plat and make it known to all subsequent purchasers of subject lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not warrant that these lots will always be outside the lowest noise contour currently established for residential use. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland within the State of Washington. Section 58.17.110 requires a 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. 3. 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. Planning Commission Minutes September 23,1998 Page 7 . 4. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed short plat. Their comments have been incorporated in the Department's recommendation. S. Preliminary approval is based upon a drawing dated received August 21, 1998, prepared for Mr. and Mrs. Tom Kepler by Polaris Engineering and Surveying. 6. Review of the proposal by the City's Fire, Public Works, and Planning Departments resulted in a proposed condition that the preliminary plat be redesigned to eliminate the cul-de-sac by providing through access to Sixteenth Street. 7. Redesign of the plat for through access to Sixteenth Street will result in an additional lot (16) being created from the 4A acre parcel. 8. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 9. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A~ Land Use Element Goal A, Policy A.2, Goal B, Policy B.l, B.2, B.3, and BA, Goal C~ Transportation Element Goal A, Policy A. 3, A.6, and B.ll; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.I, B.2, BJ, BA, B.S, B.6, B.7, C.2, C.3, CA, and C.5. . 10. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 11. The City's Comprehensive Plan (Land Use Element Goal B Policy 3) states, "All residential developments should be designed with the provisions of fire protection and service vehicle access as key factors in street design and circulation pattern. For efficient circulation, rights-of-way should be obtained and improvements made to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed as an integral part of the major grid street pattern ofthe City." Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 12. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. 13. The site is currently served by Fourteenth Street, the north one-half of which is improved with twenty foot of asphalt and curbing. . 14. There are no environmentally sensitive areas on the site. The site slopes west to northeast. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. . . . Planning Commission Minutes September 23.1998 Page 8 15. Transit service is available along "N" Street east of the site and along "0" Street west of the site. 16. Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction. 17. A clearing and grading permit is required for initial site development which will require that best construction management measures be observed to reduce dust and other negative impacts of development to the surrounding area and rights-of-way. 18. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School busses travel on both "N" and Fourteenth Streets. 19. The City's Parks Department has responded that they are aware of the preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. 20. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 21. The site will be serviced by the City's Police, Fire, and Public Works Departments. 22. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #811) on September 15, 1998, therefore satisfying the City's responsibility under the Act. 23. Fourteenth Street is designated as an arterial on the City's Comprehensive Plan Circulation Map. 24. Minimal sidewalks exist on Fourteenth Street immediately west of the property, one lot deep, to the Pacific Vista cuI de sac. The only other sidewalks in the area exist west of the subject property east of "N' Street between Fourteenth and Fifteenth Streets at the West View Subdivision, which was approved in 1996. 2S. A well defined pathway exists on the proposed property which is identifiable on aerial photography which indicates the route is frequently used as a north/south access. 26. The Port of Port Angeles operation of the Fairchild International Airport is located in the area south of the site. The Port staff has been notified of the proposed subdivision proposal and it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. Conclusions: A. As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. . . . Planning Commission Minures September 2J. 1998 Page 9 B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. 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. D. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act. Commissioner Hewins seconded the motion which passed 4 - O. PUBLIC MEETING: REZONE PROPOSAL ~ REZ 98~05 - YMCA. 718 East Third Street: Request to rezone 7,000 square feet of property from RS~ 7, Residential Single Family, to PBP, Public Buildings and Parks. Planning Director Collins reviewed the Planning Department's staff report recommending approval of the rezone application. Commissioner Hewins noted that the YMCA is not a public entity and therefore the use does not specifically meet the purpose definition of the PBP, Public Buildings and Parks, zone. He reminded the Commissioners that he voted against a previous variance requested by the YMCA for that reason, and suggested that if the use is to continue in the PBP zone, the purpose statement contained in the City's zoning regulations should be revised to include quasi-public uses. Vice Chair Craver opened the public meeting. Brooke Taylor, 302 South Francis Street, responded directly to Commissioner Craver's inquiry as to the ownership ofthe lot proposed for rezone. The property is owned by Mr. and Mrs. Wayne Mustitch who have entered into a real estate contract with the YMCA for purchase. Vice Chair Craver closed the public meeting. Commissioner Hewins moved to approve the rezone as proposed with the following conditions: Planning Commission Minutes September 23. 1998 Page 10 . 2. 3. 4. 5. 6. 7. 8. . 9. . Findings: 1. The proposed rezone request is to change the subject property's zoning from RS-7 to Public Buildings and Parks. Please see the September 23, 1998, Staff Report for REZ 98-0S Attachment A. The Comprehensive Plan designates the site as Low Density Residential The subject property is presently zoned RS-7. The subject property is presently developed with a single-family residence. The YMCA property has been utilized by the YMCA since 19S2. The subject property is adjacent to the existing YMCA property and building. Civic buildings and recreation facilities are permitted uses in the PBP zone. The purpose of the PBP zone is as follows: "A zoning designation for publicly-owned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as 'green belts". Due to the nature, size and desired distribution of public facilities throughout the City, PBP zoned properties are found in a variety of Comprehensive Plan land use designations, including the Low Density Residential designation. 10. The SEP A Responsible Official issued a Determination of Non-Significance for the proposal on September 16, 1998 (please see September 23, 1998 Staff Report for REZ 98-05 Attachment B). 11. The posted public comment period for this application ran from August 2S to September 12, 1998. During this time, the Planning Department did not receive any written comments on this proposal. 12. The Planning Commission reached a conclusion that the YMCA is a quasi public organization. C onc/usions: A. Comprehensive Plan policies which most directly relate to the proposed rezone include: Land Use Element Policies Al and 2, Cl, and 13, and Utilities and Public Services Element Policies At and B3. B. The proposed rezone is consistent with the Comprehensive Plan Land Use Policies Al and 2, Cl, and 13, and Utilities and Public Services Element Policies Al and B3 as listed in the September 23, 1997 Staff Report for REZ 98-05. ~. . . Planning Commission Minutes September 23.1998 Page 11 C. The rezone is in the public use and interest and is compatible with the surrounding zoning and land uses. The motion was seconded by Commissioner Souders and passed 4 - O. COMMUNICA nONS FROM THE PUBLIC None. STAFF REPORTS Planning Specialist Roberds asked the Commission's opinion as to the two headers used in the meeting reports. The Commission responded unanimously as to which format is preferred for ease of reading. Director Collins noted that the Planning Department would not be making any new budget requests for 1999. However, he would like the Planning Commission to begin outlining neighborhood plarming procedures that will be used for updating the Comprehensive Plan and for zoning those areas proposed for annexation to the City. REPORTS OF COMMISSION MEMBERS Commissioner Souders asked that the Public Works Department be present at meetings where subdivision issues are discussed. Director Collins noted the request and stated that City Engineer Gary Kenworthy was unable to attend the meeting due to a pressing personal matter, but he was sure that Mr. Kenworthy would make every effort to be represented in the future. Commissioner King noted that he would be absent for the October 14, 1998, meeting. ADJOURNMENT The meeting adjourned at 10:00 p.m. ~~ t3rad Collins, Secretary e ~ver, Vice Chair PREPARED BY; S. Roberds . . . PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND SIGN UP SHEET For the items listed on the Agenda of: ~ d ~/!l9/ Please read the following: If I testify, by signature below, I certify that my testimony is true and correct under penalty of perjury by the laws of the State of Washington. Signature _ J .7J /1;. AL 't)~ 4 0.2.. .- ...../-" f.....j /. /) -,If "'- nJ1d'Jl ~"" ~ \1< OJ 7 6-, r.. Ik- . A/..A.lf] N - I J I / Print Name Address '\"-:-JtJm ;(t'D ff'R /3/ e /;;;.-1-'- s7, ?#. I'VAtJ W'\'AG-U\(L& 1\3 ~LbG~ ~4 e /~ _ IrI J-) ~~-<>-- Y / H /J ,t! /uA 1;- ~/ S' . 11 N&~ T~..'-/ 1ff1. 4o~ J. 7.1..- 7 I. P,(f-- /1 -,' v .I ~ "'>t.f/.>h.li/t W\. -r::e _,11, 7(..'1 $).. It 1)'''I.hU_.1 fM. I c: \wp \formsl" Itndrst. pc Agenda Item # d 3- I :3 'b.