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HomeMy WebLinkAboutMinutes 09/23/2009)ORT a NGELE'S W A S H I N G T O N U S A COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street September 23, 2009 6 p.m. I. CALL TO ORDER Pledge of Allegiance Led by the Chair II. ROLL CALL III APPROVAL OF MINUTES: Regular meeting of September 9, 2009 IV. PUBLIC HEARINGS: 1. PRELIMINARY SUBDIVISION LAUREL ESTATES —123 W. Ahlvers Road: Subdivision of approximately 5 41 acres into 10 residential building sites in the RS -9 zone. 2. INFILL OVERLAY ZONE MALONEY HEIGHTS 2400 Block 16th Street, between 16 and 18 Streets and between "N" and "0" Streets: A subdivision of approximately 3.02 acres in the Residential Medium Density zone into 14 single family residential building sites and 1 28 -unit apartment structure. 3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03 CITY OF PORT ANGELES MARINE PARK: Proposal to establish a marine park in the Public Buildings and Parks and Industrial Heavy zone along Ediz Hook in the Port Angeles Harbor (This item will be continued.) V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS. Doc Reiss (Chair), John Matthews (Vice Chair), Wei nej Beier, Me Caudill, run Boyle, Carla Sue, Nancy Powers PLANNING STAFF' Nathan West, Director, Sue Roberds, Planning Manager; Scott Joins, Assoc lak Planner; Roberta Korcz, Assistant Planner. ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 23, 2009 6:00 p.m. Members Present: John Matthews, Werner Beier, Doc Reiss, Tim Boyle, Nancy Powers Members Excused. Carla Sue, Mike Caudill Staff Present. Scott Johns, Nathan West, Heidi Greenwood, Steve Sperr, Sue Roberds Public Present: Richard Chambers, Patsy Feeley, Rob Tulloch, Kathy Wahto, Steve Zenovic, Amee Barton, J Puff, Robert and Deane Reidel, Brad Collins, Rick and Justin Blank, Dan Flynn, Kent Robinson, Joseph Hofrichter, Leo Lopez, Jessica Hunt APPROVAL OF MINUTES Approval of the September 9, 2009 minutes was continued to the October 14 regular meeting. PUBLIC HEARINGS: Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements. Following review of the questions, all Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. PRELIMINARY SUBDIVISION LAUREL ESTATES 123 W. Ahlvers Road: Subdivision of approximately 5 41 acres into 10 residential building sites in the RS -9 zone. Associate Planner Scott Johns reviewed the Department Report recommending approval of the subdivision with conditions. He responded to a question from Chair Reiss regarding whether stormwater runoff from the site could pose any issues by responding that stormwater runoff will be handled through proper construction methods. No excessive runoff currently occurs on site, however, the site is largely undeveloped. City Engineer Steve Sperr added that site development will include an upgrade in the stormwater system from its existing substandard piping. Mr Sperr also responded to Commissioner Powers regarding the need for 30' of right-of-way dedication along the south property line for future development of Ahlvers Road. The right -of -way dedication will ensure that if properties to the west develop, or if there is a service need in the area, the right -of -way Planning Commission Minutes Sep(ember 23, 2009 Page 2 will be available although there is no requirement to develop the right -of -way at this time, just dedication of the property for future use. The property owner immediately west of the subject site dedicated 30' during the development of the site several years ago. It was not possible to obtain a 30' dedication along the frontage of the more recent subdivision to the south of the subject site due to the location of a wetland along the property line. However, the proposed dedication will result in approximately 50' of right -of -way in the area that will be adequate for future right -of -way needs. There being no further questions, Chair Reiss opened the public hearing. Kent Robinson, Northwestern Territories, Inc., 717 South Peabody represented the applicant and generally agreed with the staff recommendation with the exception of the request for dedication of right of way along the south property line. Speaking for the property owner, he noted that the property owner would prefer to wait until Lot 10 is further developed before dedication of right -of -way along the south boundary of the site. Lot 10 is the only lot that accesses what would be the extension of Ahlvers Road, which is the right -of -way the dedication is being requested to complete. Joseph Hofrichter, 123 West Ahlvers Road, the property owner, said if the City would move a utility pole at the southeast corner of the subject property, he would willingly dedicate the 30' of right -of -way, but if the City is not going to move the pole, he doesn't want to dedicate the right of -way There being no further questions or testimony, Chair Reiss closed the public hearing. The Commissioners began discussion as to Lot 10, as the drawing identified it as "Future Phase 2 not Lot 10 Staff noted that, while the drawing identifies the property as "Future Phase 2 there is nothing to compel the division of the lot once it's been subdivided and as the area is part of the parent parcel, it has to be identified as a lot if the remaining property is divided. While the property owner has indicated he would like to defer right -of -way dedication to a future phase, that future development may not occur, and the right -of -way would then never be obtained. The Port Angeles Municipal Code indicates that rights -of -way will be dedicated at the time of development. The applicant is not being asked to develop the right -of -way, just to dedicate it in the event it is needed for future development of Ahlvers Road for access purposes west of the subject property In response to Commissioner Boyle, Engineer Sperr answered that ecology blocks were chosen as a construction material by the property owner and his engineer during clearing and grading of the site in preparation for future development. Following continued discussion regarding the need to obtain right -of -way along the property's southern boundary for future street improvement, Commissioner Powers moved to approve the subdivision with 10 conditions of approval, citing the following findings and conclusions in support of that action: Conditions: Planning Commission Minutes September 23. 2009 Page 3 1 The interior street shall be dedicated and constructed per the City's Urban Service Standards and Guidelines (USSG), which includes a 34 -foot paved width street with curb, gutter, and sidewalk placed on both sides of the street. The cul -de -sac diameter shall be 100' per the Urban Services Standards and Guidelines. 2. Laurel Street shall be improved per the City's urban service standards, which includes 20 -foot paved width with curb, gutter and 6 -foot wide sidewalk adjacent to the curb allowing for a 4 -foot minimum clear space at the existing power poles. 3 Fire hydrant location shall be as required by the City Fire Department to a maximum 1000' of separation distance. 4 Electric utility service shall be underground. 5 Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities Department with an 8 inch main. 6. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and made prior to final plat approval. 7 Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Laurel Street and shown on the preliminary plat, including; An 8 inch main constructed from the existing 8 inch main within the Laurel Street right -of -way to the interior of the development, A manhole installed at the connection to the existing main and at the end of the extension. Connection of service lines directly to a manhole will not be allowed. A 20 -foot wide easement for maintenance and operation of the sewer main extension in favor of the City will need to be provided and shown on the plat if not located in dedicated public right -of -way Dedicated service lines shall be provided to serve each lot. Dual service lines will not be allowed. 8 Building setbacks shall be identified on the final plat and address numbers provided by the Building Division placed on the lots. 9 Thirty (30') foot of right -of -way along the south boundary of the property shall be dedicated to the City Findings: 1 Application was made for a subdivision of an approximately 5 4 acre site into 9 new residential lots and 1 existing site by Northwestern Territories, Inc., on behalf of Joe Hofrichter on July 21, 2009 The site location is 123 West Ahlvers Road. 2. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17 3 The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17 110 requires a 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 Planning Commission Minutes September 23, 2009 Page 4 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. 4 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. 5 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed subdivision. Their comments have been incorporated into the Department's recommendation for approval of the subdivision. 6 The subject property is designated asLow Density Residential on the Port Angeles Comprehensive Plan Land Use Map Low Density Residential development may contain up to 7 units per acre per the City's Comprehensive Plan. 7 The proposal has been reviewed with respect to the goals and policies and objectives of the City's 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 1, B.2, B.3, and B 4, Goal C, Transportation Element Goal A, Policy A.3, A.6, and B 11, Utilities and Public Services Element Policy C.2, Capital Facilities Element Goal A, B, Policy B.1, B.3, B 4, B.5, B 6, B.7, C.2, C.3, C.4, and C.5 8 The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9 The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval can be based upon the dedication of right -of -way to ensure compliance with the policy 10 The subject property is identified by the Port Angeles Zoning Map as RS -9, which allows a density of up to 4 84 dwelling units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size 11 The site is currently served by Laurel Street and Ahlvers Road which are classified as collector arterials but which are not designated school walking routes nor designated bicycle routes. Transit service is available at the intersection of Laurel Street and Ahlvers Road. 12. There are no environmentally sensitive areas on the site. The portion of the site to be subdivided into homesites has been graded level through a clearing and grading permit issued by City and supported by engineering documentation as to the work performed. 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. 13 Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction. The site is located within the City's four minute emergency response area and residential sprinkler systems are not required. 14 The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. The School District has previously reported that enrollments are lower than expected. 15 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. 16. All utilities including potable water, sanitary waste. and refuse collection are available in the area. Planning Comm,ssum Minutes September 23, 2009 Page 5 17 Transportation issues such as streets, roads, alleys, other public ways, transit stops, and drainage ways, 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 have been reviewed with respect to the proposal. The City's Police, Fire, and Public Works and Utilities Department are prepared to serve the site in the provision of needed services. 18 Utilities required to be extended to the subdivision to serve new lots must be developed to USSG and Comprehensive Plan minimum service requirements. 19 The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance, DNS 41251 on September 16, 2009, therefore satisfying the City's responsibility under the Act. 20 Improvements to Laurel Street will be required such that the final roadway isimproved to a width of 20' with curb and a 6' sidewalk on the west side per the City's Urban Services Standards and Guidelines. 21 Dedication of a 30 -foot strip of land along the south side of the property abutting Lot 1 for the extension of Ahlvers Road will provide adequate city access to properties to the west of the site and provide access to future development in the area that requires access from Ahlvers Road. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City 23 The location of existing utilities, both overhead and underground, and required improvements to Laurel Street limit the area in which street trees can be located, therefore the requirement for street trees is waived for this subdivision. 24 The property owner has not asked to place a subdivision sign on the site. If one is required, such request may be made during the subdivision process. 22. Planrmg Conim, Ahm tes September 23, 2009 Page 6 Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16 08 PAMC C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare as is required by the Washington State Subdivision Act Chapter 58 17 RCW 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 State of Washington Growth Management Act. The motion was seconded by Commissioner Boyle and passed 5 0. Chair Reiss re opened the public hearing in order to address the issue of a monument sign for the subdivision that had been mentioned during the staffs report. Planner Roberds noted that the City's Subdivision Ordinance allows that if a sign is desired, such should be addressed through the subdivision process as signs are not generally permitted in residential zones. Commissioner Powers moved to allow a monument sign consistent with City sign standards if the proponent decides he would like to identify the subdivision. The motion was seconded by Commissioner Beier and passed 5 0. Citing an Appearance of Fairness issue, Commissioner Beier left the meeting at this point. Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements with the remaining Commissioners. Following review of the questions, remaining Commissioners (Powers, Reiss, Matthews, and Boyle) responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. INFILL OVERLAY ZONE MALONEY HEIGHTS 2400 Block 16 Street, between 16 and 18 Streets and between "N" and "0" Streets: A subdivision of approximately 3.02 acres in the Residential Medium Density zone into 14 single family residential building sites and one 28 -unit apartment structure. Associate Planner Scott Johns reviewed the Department Report recommending approval of the Infill Overlay Zone (IOZ) with conditions. Planner Johns and City Engineer Steve Sperr clarified that the City is not asking for an additional dedication of right -of -way but is requiring an improvement of the 16 Street right -of- way Commissioner Powers noted that the IOZ is intended to create a residential neighborhood of higher quality than what would be achieved by standard subdivision development. She asked how this development meets that test. Planner Johns responded that residences will be modest with homes intended for ownership by persons in an attainable wage income. The application provides designs for three houses that will provide some level of expected quality He responded Planning Commission Minutes September 23, 2009 Page 7 to Commissioner Boyle that although there are not shopping opportunities in the close vicinity, public transit is available along 18 and "N" Streets that will ensure those without their own transportation can travel to needed areas for supplies. There being no further questions, Chair Reiss opened the public hearing. Richard Chambers, Executive Director for Habitat for Humanity, 617 Malletti Hill Road thanked the City for its cooperation in putting the application process together The overall project is a significant development for both Serenity House of Clallam County and Habitat for Humanity with commitments from the Housing Trust Fund of nearly $2.5 million. The final development will provide 42 units of development. The project is expected to be complete within two years. Funding will provide on site infrastructure and 16 Street improvements east of the site. Initial site development will include infrastructure improvements, construction of the apartment structure, and two of the single family residential homes within the first two years. Build out of the entire site will occur within a six year period. Mr Chambers questioned proposed Condition 10 of staffs recommendation. He explained the series of grant applications that had been submitted that included improvement to I6`h Street. Funding for such a large project, specifically for some of the infrastructure that was not directly associated with the project was not approved. Funding has been committed by both the City and the State in providing funds for improvement of 16 from the site east to the improved area of 16 Street that exists west of "N" Street. He wanted to be clear that the City has been consistent that requirements will be imposed to complete the transportation corridor along 16 Street and they have been equally clear that they do not believe that improvement is their responsibility Traffic from the apartment building will use 18 Street. The impact to 16 Street will be 14 additional homes. He believes that traffic from the site will not flow to the west but will be funneled to the east and asked where the Municipal Code standards require more than one access to the site. He believes that the responsibility for completion of the street to "0" Street should be the responsibility of those residences bordering on that portion of the street. All issues have been addressed with the exception of the improvements to 16` Street transportation corridor He noted that only 27' of 16 Street to the east will be required, where the staff report identifies 30' [Staff agreed]. He asked that Condition 13 be corrected to ensure that 30% of housing units constructed be attainable in perpetuity [Staff agreed this change should be made.] The finished project will result in 66% of attainable wage residents. In response to Commissioner Matthews, Mr Chambers responded that when the houses are completed, the resident will own the house with Habitat for Humanity being the bank until that time. The houses are on average 1100 square feet, three bedroom, without garages. Exterior finishes are pretty interesting architecturally with changes in rooflines and porch lines. Kathy Wahto, Executive Director of Serenity House of Clallam County, 1232 West 9' Street wanted to address some issues regarding the proposed use. The fence, as shown on the development plan, is proposed because the single adult shelter operated by Serenity House was required to have a fence. The fence will define and enforce the intent that residents of the 28- unit apartment use will orient their activities toward the provided area that includes open space, and will use the transit service provided on 18` Street. Fewer than 5% of the residents of the apartment use will have cars. The population of the apartment unit will include homeless Planning Commission Minutes .September 23. 2009 Page 8 veterans and special needs chronically homeless residents. Quality could mean the visual appeal of a house or it could mean access for many types of people including special needs, low income. All structures will be built to a green standard. Services that will be available to the apartment use will include people to be there to help then 24/7 These things all contribute to quality The only measurement of quality should not be cost. The proposed apartments are permanent housing. Residents will have leases. The single adult shelter has a 90 day stay restriction. In response to Chair Reiss, Ms. Wahto responded that if the 14 parking spaces created for the apartment use are found to not be satisfactory to support the apartment use, additional parking will be made available on the adjoining Serenity House shelter site. The Serenity House shelter site currently contains 26 paved parking spaces that are rarely all occupied. There is space available along the southeast side of the shelter where additional spaces could be developed if it is found that the proposed 14 parking spaces are not adequate to support the site's parking needs. Rob Tulloch, 829 East Eighth Street is a Board member of Habitat for Humanity He supported what the previous two speakers said and reiterated that there is no funding to complete the 16 Street transportation corridor to "0" Street for this project. He did not believe traffic impacts from the site will require improvements to the west of the development. Amy Barton, 2207 and 2209 West 16 Street did not oppose the development. She thanked staff and the applicants for trying to answer questions and working through this matter with her She appreciated the respectful nature that has always been present, but neither meetings nor discussions have resulted in concerns being addressed. Neighbors are concerned about the impact on their neighborhood of additional multiple family housing in the area. Neighbors are concerned with the traffic and the higher density The neighborhood experiences unacceptable activities including her mother's home has been egged three times in the past month graffiti, and loitering in undeveloped areas. The walking path in the area is not solid surface and is becoming weedy and no one can maintain it because of stormwater issues. Additional traffic will be directed to "N" Street and there are no sidewalks, only weedy, gravel walkways with ditches. Fairchild Heights is a problematic apartment development. The population of the proposed apartment structure is a vulnerable population. Residents of Fairchild Heights will take advantage of those residents. She was glad that fencing is proposed. Rick Blank, 2215 West 16 Street lives across the street from the proposed development site. To say that 16` Street is not heavily trafficked now is a joke. It is very heavily trafficked all day long. He and his neighbors are not NIMBYs. They knew of the development in the area before they bought. He felt that to develop 14 single family residences into a heavy multiple family developed area without garages will not result in a safe neighborhood. Fle had no problem with standard sized residential lots that could support residential activities but a reduction of lot size is not a good plan and will result in too dense a development. There's going to be a great deal more cars and children in the area without meeting their needs. The single family development will cause a decrease in property values due to its difference from those single family uses in the neighborhood. Sites are too small to support normal residential activity There's no place for children. Children currently regularly play in the woods next to his house. Dan Flynn, 2207 West 16 Street was concerned that there is a higher call for Police services in the area than is acceptable. City Police records indicate that there have been 45 reported calls /'lannmg Comnun,on A lines September 23, 2009 Page 9 on 16 Street and 30 calls on 18 Street since January l of this year Too many exceptions to the rules are being made in this development including smaller lots, size of cul de sac, Icss parking, little open space, no playgrounds. Police are always cruising the area at night to see what they can. It is a high crime area and the intended population may add to certain service response needs. He appreciated the vision of Habitat for Humanity but wondered if this is a good area for the development. There being no further testimony, Chair Reiss closed the public hearing and called for a 10 minute break. The Commission reconvened the meeting at 8 15 p.m. Commissioner Powers asked staff to comment further on the requirement to develop property beyond the proponent's boundaries. Community Economic Development Director Nathan West stated that it is required practice to carefully examine the overall traffic impacts of a development and that careful analysis be given to potential access routes that are affected by the development. In response to Commissioner Powers, City Engineer Steve Sperr commented that the City has applied this analysis in other reviews. A traffic impact analysis could be prepared. A development on Campbell Avenue by Green Crow required off site improvements, The Reserve at Valley Creek paid into a sidewalk development fund, and the Walker Subdivision required participation in off site improvements. When reviewing a development of this type it is important to consider impacts that will result from full site development in a careful manner In lieu of a full traffic impact analysis for this site, the City anticipated the increase in density caused by the Infill Overlay Zone proposed and determined that the transportation corridor should be improved to accommodate the increase in traffic use. A traffic impact analysis could be required if that method of analysis is desired rather than relying on staff's analysis. The proposed development to "0" Street is not a full street standard, even though this is the Residential Medium Density zone. Commissioner Powers asked if Planning staff has considered a lower density to allow for more open space and residential area? Associate Planner Johns answered that staff have worked with the proponent for more than a year on this project and a requirement has been that density should be maximized given the RMD zoning of the site, Chair Reiss asked if it would be an issue to reduce lot density to allow more common space. Director West responded that under the Washington State Growth Management Act, the City has a responsibility to maximize the density within the City limits. We have few high and medium density zoned areas throughout the City, so its staffs responsibility to ensure that those areas are developed to maximize density whenever possible. That's the intent of the IOZ. Local Improvement District (LID) regulations were discussed following questions from Commissioner Reiss. Condition 13 was discussed and it was agreed that wording should indicate that 30% of the housing units must remain attainable in perpetuity Planning Comnuss,on Minutes September 23, 2009 Page 10 Planner Johns noted that Habitat for Humanity cannot build garages, only residences. Transit and bus routes in the area circulate from "N" Street along 18` Street to Butler, east on 16` to "0 south on "0" Street to 1 g` Street. He noted that children from the development will go to Hamilton School District. Hamilton School District busses pick up north of the site at 14 and "N" Street. If 16 Street connected to "0" Street, students could be picked up along "0" Street at 16 rather than north of the site. Chair Reiss reopened the public hearing and asked Mr Chambers to come to the podium. He stated that the City is charged with ensuring that development impacts are adequately addressed and that acceptable standards are prescribed by City development standards. He asked if there is a mechanism to be used to ensure that development impacts expected by staff are addressed that will work for the proposed development. Richard Chambers, Executive Director for Habitat for Humanity, 617 Malletti Hill Road responded that Director West has talked about a couple of future options to assist with funding for improvements but this project must be completed by 2011 due to restrictions that have been placed on the CDBG grant funding the infrastructure improvements. That timeline would likely not work for cooperative future finding opportunities. Habitat understands the City's concerns and that it would be a good thing to complete the transportation corridor, but if Habitat has to pay for the improvements, four houses could not be built until the funds could be recouped. Chair Reiss asked Steve Zenovic if it is possible to develop 16 Street to a standard that will be acceptable to the City and will serve the development impact. Steve Zenovic, Zenovic and Associates, 301 East 6th Street responded that improvements cost what they cost. The imposition of approximately 700' of road improvement is a significant cost. He did not believe that off site improvements to "0" Street are reasonable in this matter He believed that the City already has enough no protest signatures to force an LID in this matter, but that would make everybody unhappy He believes that development along the property frontage to the east is a reasonable condition. Mr Chambers noted that funding is not an issue for development along the site frontage to the east in the manner prescribed by the proposed conditions of approval. Leo Lopez, 2440 Arbutus asked what an LID (Local Improvement District) is. Planning Manager Roberds stated what an LID is and briefly how such a mechanism works. Chair Reiss directed Mr Lopez to discuss LID formations and responsibilities with staff at a later time. Mr Lopez agreed with a previous speaker that a good amount of vandalism and loitering occurs in the neighborhood from the Fairchild Heights apartments. The site proposal will result in a tremendous density for the area and there aren't places for children and young adults to recreate other than two undeveloped lots in the neighborhood. It is unfortunate that no garages will be constructed. There being no further discussion, Chair Reiss again closed the public hearing. Director West noted that unfortunately, nothing in the Municipal Code allows that financial hardship to be considered in land use decisions. Staff has spoken with the applicant about Planning Commssmn dlmnfes Sep'emher 23, 2009 Page 11 alternatives to requirements for off site improvements relative to traffic impacts from the use, most notably an opportunity to provide a traffic impact analysis to specifically demonstrate what improvements are needed. A phased development aproach was discussed. Fencing is a self imposed requirement. All units could access onto 10 without the fencing as designed. City Engineer Sperr noted that he wants this project to work. And, he wants it to work without causing an unacceptable impact to utilities and adjacent streets. There has been a significant amount of discussion with the applicant over the past year regarding development requirements. A lot of on site improvement standards were modified to allow the project to function in an acceptable manner to the residents but they are less than typical City standards. Because of the specific development review that were part and parcel of the project, concessions have been made to ensure a reasonable development while not requiring standard on site improvements. However, anticipated off site impacts and potential neighborhood impacts must be addressed in a more standard manner because the existing neighborhood isn't party to the on site development agreements and those off site impacts are not negotiable. The best way to ensure low off site impacts from the development is to complete this transportation corridor In response to Commissioner Powers as to potential phasing. Director West stated that potential phasing could involve improvement following a certain number of units until both the roadway improvements and entire development is complete. In response to Commissioner Matthews, City Engineer Sperr said that the applicant would hire an engineer to perform a transportation analysis that addresses a number of items necessary to such a study prescribed in the Port Angeles Municipal Code. Commissioner Matthews moved to recommend approval of the Maloney Heights Infill Overlay Zone and approve the parking variance with 14 conditions, 36 findings, and 5 conclusions as follows: Conditions: 1 The interior street identified as Habitat Court shall be sized to accommodate solid waste collection vehicles such that no backing up is required. 2. Signage shall be placed along the access to Lot 15 leading from 18 Street to the apartment building indicating that parking adjacent to the curb is prohibited. Curbing along that access way shall be painted red. 3 Fire hydrant spacing shall be as required by the City Fire Department to a maximum 1000' of separation distance. All structures shall be fitted with residential sprinkler systems. 4 Electric utility service shall be underground. Cost of 3 -phase power to the apartment unit will be at the developer's expense. The City will incur the cost of extension of 3 -phase power from beyond the point of service tol6` Street. The 3 -phase power shall be in the same trench as the single phase power serving the residential lots. The developer will coordinate this action with the City's Public Works and Utility Division. Required easements shall be identified on the final drawing. Planning Commrs.mon AluMes September 23, 2009 Page 12 5 Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities Department with easements provided on the final plat. 6 Stormwater improvement plans shall be submitted for approval and utilities installed prior to final plat approval. hnprovements must meet the current version of Chapter 5 of the Urban Services Standards and Guidelines and Section 13.63 of the Port Angeles Municipal Code. 7 Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department with easements identified on the final plat 8. Building setbacks shall be identified on the final plat with address numbers provided by the Building Division. 9 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. 10 No access shall be permitted to lots accessing off Habitat Court until West 16 Street is developed to City standards. Improvements to 16th Street prior to final plat approval shall include a 27 -foot wide paved surface (one half width plus 10') with curb and sidewalk along the entire site frontage extending east to the improved portion of 16 Street west of "N" Street. Improvement to Sixteenth Street west of the property frontage to "0" Street shall include paving (30'), concrete walkway, and ditches. 11 Fourteen (14) off street parking spaces shall be provided for the 28 -unit apartment structure, which is a reduction from the required 56 spaces required by Section 14 40 010 PAMC. 'The applicant shall provide monthly parking reports, including counts and photographs, for the parking areas designated for the 28 -unit apartment building for a period of one year from the date of occupancy It following the one year review period, the designated parking areas are inadequate to handle the demand, or adverse impact from the parking is experienced a parking management agreement shall be entered into with Serenity House for shared use of existing parking at the shelter location or some other acceptable remedy may be imposed including the creation of additional parking if it is determined by the City following the one year review that the significant parking reduction is inadequate for the use. I2. Landscaping shall be installed per plans approved by the Director of Community and Economic Development. 13 The applicant shall provide for a mechanism to ensure that 30% of the housing units remain attainable in perpetuity and shall provide documentation of such mechanism to the Director of Community and Economic Development for approval and noted on the final plat. 14 The applicant shall submit for review and approval by the city CC &Rs that include at a minimum, but may not be limited to a. The formation of a homeowners association, or other organization that will provide adequate oversight and authority for the protection, maintenance, and Planning Commission Minutes September 23, 2009 Page /3 operation of communal or joint ownership facilities of the IOZ, including stormwater and drainage facilities and the management of the landscape features; b. A proposed set of architectural design elements and /or guidelines to be followed during construction of all residential structures on the site; and c. A method of dispute resolution for residents of the IOZ /subdivision. CCRs shall be submitted for review and approval prior to final of the IOZ. Findings: 1 On August 7, 2009, Zenovic and Associates submitted an application on behalf of property owner Habitat for Humanity for development of a site under the City of Port Angeles Infill Overlay (IOZ) Zone requirements. Site development includes a request for a reduction of parking requirements for an apartment unit component of the project and a boundary line with the abutting property owner Serenity House. The IOZ development proposes to create 15 building sites that will be developed as 14 single family residential dwelling sites and a 28 -unit apartment structure. 2. A boundary line adjustment was simultaneously submitted with the abutting property owner Serenity House to adjust the property lines between the Serenity House and Habitat for Humanity property ownerships that will result in adequate area to allow the IOZ development. 3 A number of land use decisions can be combined into review of an IOZ. The proposal includes a boundary line adjustment, parking variance, and variation of development standards to encourage timely public hearings and decisions to provide for attainable densities in the Residential Medium Density zone, The IOZ should result in an environment of higher quality than traditional lot by lot development. 4 The boundary line adjustment will reconfigure the two parent parcels (a total of approximately 4.3 acre) to provide adequate area for the 1OZ development and to enable access to the desired site from both 16' and 18` Streets. The boundary line adjustment will result in two arcels: Parcel 1 3 03 acres; and Parcel 2 1.27 acres. Parcel 1 is accessed from 18` Street and is a panhandle configuration, Parcel 2 will be accessed from both 16` and 1 8th Streets. Parcel 2 will then be further resubdivided using the IOZ standards intol5 lots containing 14 single family residential building sites and 1 apartment site. The boundary line adjustment does not alter any previously established lots such that a nonconformity is created nor create any additional lots. 5 Chapter 16 08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. 6 The Revised Code of Washington RCW 58 17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17 110 requires a 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 Planning Commpra n AhmUes September 23, 2009 Page /a interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 7 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. 8 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Infill Overlay Zone and subdivision. Their comments have been incorporated into the Department's recommended conditions of approval. 9 Interior access street improvements will be per the City's Urban Services Standards and Guidelines (USSG) and will be developed to accommodate standard utility service needs such as trash pick up, and emergency access for fire and police services. Street development final design shall be approved by the City's Public Works and Utilities Department prior to final construction and shall be constructed prior to final plat approval All utility easements shall be shown on final mylar. 10 The cul -de -sac and parking area for Lots 6 9 do not meet USSG and Municipal Code requirements as shown. However, the City can reduce the development standards through the IOZ review per Section 17 45 040 PAMC as long as provisions are determined to be adequate for utility function, emergency access, and expected use impacts. Staff have reviewed the plans and are satisfied that the 60' cul -de -sac will meet the required needs as designed. It is possible to gain an additional 10' by reducing front yards if necessary The clustered parking area will be identified as serving Lots 6 9 and owners of those lots will be thereby advised of the restrictions of lot ownership. Emergency service providers are aware of the configuration and had no concerns as shown on the drawing. 11 The subject property is identified as Medium Density Residential on the Port Angeles Comprehensive Plan Land Use Map and is located in the City's Northwest Planning Area. 12. 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.1, B.2, B.3, and B 4, Goal C, Transportation Element Goal A, Policy A.3, A.6, and B.11, Utilities and Public Services Element Policy C.2, Capital Facilities Element Goal A, B, Policy B 1, B.3, B.4, B.5, B.6, B 7, C.2, C.3, C.4, and C.5 13 The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9), 14 The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right -of -way to ensure compliance with the policy 15 The subject property is identified by the Port Angeles Zoning Map as Residential Medium Density, which allows a density of up to 12.44 units per acre. The proposed Planning Commssmn A9nndes Seplea her 23, 2009 Page 15 drawing indicates that each lot in the proposed subdivision will be at least 4,202 square feet in size. 16 Lot sizes are generally rectangular in shape. Three house designs are included with the application for the development of Lots 1 14 Structures are all one story with the exception of the apartment structure that is two story The design drawing for the apartment unit is also included in the application materials. 17 Maximum allowable site coverage (area of the site covered by impervious surfaces) in the RMD has been established at 70% of the site. Development statistics provided by the applicant have been divided into the three following areas and amounts: Structures= 17,486 ft or 13.3 Common impervious surfaces= 28,441 ft or 21.9 Other impervious surfaces 11,080 ft or 8 41 This results in a site with a total of 43.6% impervious surface coverage. 18 PAMC 17 45 090(E)(4)(a) indicates that 'Common garden area' must be at least 5% of a total IOZ site. The site provides a total of 6,602 square feet (6.78 of common garden area and 3,523 square feet (3 61%) of common open space. Staff interpretation and concurrence with the applicant finds that play areas for children would be a more appropriate use of the area and such a change in the plan will be made. A landscape plan has been submitted as is required and is under review 19 There are no environmentally sensitive areas on the site. The site slopes gradually downward to north. 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. 20 Transit service is available along 18` Street 21 Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 22. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. 23 The City's Parks Department is aware of the preliminary proposal and does not believe the level of service for the area will be hampered as a result of the development. 24 All utilities including potable water, sanitary waste, and refuse collection are available in the area. 25 The City's Police, Fire, and Public Works and Utilities Departments will service the site upon satisfactory completion of all conditions of approval. 26 The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #1255) on September 22, 2009, therefore satisfying the City's responsibility under the Act. 27 Southern access to the main site is served by 16` Street, which is neither an arterial, a designated school walking route, nor a designated bicycle route. Sixteenth Street is undeveloped along the subject site's frontage and exists as little more that a trail. The eastern 550 -foot portion of 16 Street west of "N" Street is paved and developed with curb /no sidewalk on the south side, and with gravel swales and unpaved walking path on P(annmg Camm,ssmu Minutes September 23. 2009 Page 16 the north side. The western portion of 16 Street, east of "0" Street is partially developed with the north portion paved but lacks curb and sidewalk. The southern portion of the street has not been developed. Improvements to 16` Street will be required as a result of the impact of the site to its full development potential and the resulting impact to the transportation system in the area for both pedestrian and vehicular ingress and egress to the site. Improvements to 16 Street will include a paved street width of 30' with a ditch and 4' pedestrian concrete walkini path west of the site to "0" Street, and 30' (one half plus 10') of paving along the 16' Street frontage of the site east to the improved area of 16' Street with curb, gutter, and sidewalk. 28 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. 29 Section 17 45 050 (C) PAMC requires a mechanism to ensure housing remains attainable in perpetuity and shall provide documentation of such mechanism to the Director of Community and Economic Development for approval. 30 Section 17 45 140 PAMC requires covenants restrictions and conditions be provided prior to final approval. 31 Section 14 40 130 PAMC allows for a variation from parking space requirements after a public hearing by the Port Angeles Planning Commission. The Planning Commission may impose conditions upon a variance to ensure that a reduction in required parking spaces will result in the parking needs of the use being addressed, that it will not permit congestion or traffic hazards, is consistent with the intent of the City's parking regulations and the zone in which the site is located, and is in compliance with the Comprehensive Plan. 32. The applicant submitted information with the IOZ application in consideration of a parking variance for the 28 -unit apartment complex. Information submitted indicated that occupants of the proposed apartment complex will be chronically homeless individuals who have a low percentage of vehicle ownership. Two (2) staff are anticipated at the 28 -unit apartment that will be managed by Serenity House of Clallam County (51 -1). SI-I owns the abutting property (2321 West 18 Street) that is operated as a short term single adult shelter Occupancy of the 50 person shelter includes 5 staff A parking reduction from 56 to 42 spaces that was later reduced to 26 spaces was approved for the single adult Serenity House shelter in 2002 through a conditional use permit process permitting the shelter use. 33 Information presented identifies that chronically homeless individuals have a lower percentage of car ownership than short term residents, and a reduction for the target population should be allowed. Two (2) staff are anticipated for the apartment use. Shelter residents are provided with bus passes for 80% of their population. Information indicates that bus passes are also anticipated for residents of the subject apartment use. 34 A Clallam Transit bus stop is located within 500 feet (east) of the subject property Section 14 40 030(D)(2) PAMC allows for a 10% reduction of required parking if a bus stop is located within 500 feet of the project site. Planning Commission :Minutes September 23, 2009 Page 17 35 Supporting documentation for a parking reduction of the short term shelter indicates that, during a one year period, the demand did not exceed the reduction to 26 spaces for the maximum 50 person population/use (maximum of 70 during crises and 5 staff). 36 The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City The determination of the Planning Commission in the matter of a parking variance may be appealed to the City Council. Conclusions: A. As conditioned, the proposed Infill Overlay Zone development is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposal is consistent with the Pori Angeles Subdivision Ordinance, Chapter 16.08 PAMC, the City's Comprehensive Plan, Infill Overlay Zone, Chapter 17 45 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 The subdivision provides for development of new homes within the City of Port Angeles consistent with the State of Washington Growth Management Act and, as conditioned, provides a mechanism to ensure that housing remains attainable in perpetuity E. A reduction of the standard parking requirements is warranted given the information provided by the applicant as to the intended population of the 28 -unit apartment complex. Conditions have been imposed for monitoring of the actual parking demand such that, following the initial one year review period, if it is found that additional parking is needed, additional parking shall be provided in a required manner The motion was seconded by Commissioner Boyle and passed 3 1 with Commissioner Reiss voting in the negative. Commissioner Reiss noted that his negative vote was due to the condition to improve 16 Street to "0" Street. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -03 CITY OF PORT ANGELES MARINE PARK: Proposal to establish a marine park in the Public Buildings and Parks and Industrial Heavy zone along Ediz Hook in the Port Angeles Harbor Chair Reiss opened the public hearing. Staff asked that the public hearing be continued to October 14, 2009 Commissioner Matthews moved to continue the public hearing to October 14, 2009, 6 p.m. The motion was seconded by Commissioner Boyle and passed 4 0. Plano ng Cammersson Alma es Sep'ember 23, 2009 Page 18 COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planning Manager Roberds reported that the City Council conducted first readings of the Lucero Street Vacation ordinance for approval and had approved the Walker Final subdivision at the September 15, 2009 regular meeting. Planner Johns noted that a public meeting to discuss the SDAT AIA recommendations and how those recommendations are being implemented on October 13, 6 p.m. by the PA Forward Committee REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 9 p.m. Sue Rober. Secretary PREPARED BY S. Roberds Doc Reiss, Chair PRINT NAME ADDRESS AGENDA ITEM il'chA.29 c44,1dcar /9iv1n k /1,11 IFeiAel :11I 7634_7 •Z P"M o/A,c%A b vA(A i .4\- 9tvb R 6 6 t, (S 'ac‘ 1= 4` 4 Si bc p A qW3 c�; a MFlt, (A1--€4. /33a- i4` Pr\ 0-363 s l 0 0e ;Nov i t Sot t. tot! sa, t► l l' 66. `I0 36 2 P e2.,) -0 I' i Co /IL/ III /►ai t-f3 S l a l az,IS ul Id S7; V Us 7 /AC gLPNK (k l `1 2- MAN) 'rl-/A M 2,7-01 W. 16 744 /i-3 .4, ffnylvc AC. Z4' itherie.s 1 h -d�Rli p iL PORTANGELES W A S H I N G T O N U S A PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do 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. MEETING DATE PORTANGELES WASHINGTON, U S A. PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do 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. PRINT NAME to 0 I ssk c 4 -h.wiJ ADDRES S a. 9- 35 -/6 tiv ni 7 77 3 w I G AGENDA ITEM