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HomeMy WebLinkAboutMinutes 10/22/2003 o ~ ~ ~C. '0" lllT"Pi... N:G' iE' ;L" ~:'S' ! ,) ;' i.l\" i /1 i" .r : :,i ,,D';) . - - - -- . i ./ --- n___.: __ _ __J ______.. WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street October 22, 2003 I. CALL TO ORDER Special Meeting Time - 6 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of October 8, 2003 . . IV. CONTINUED BUSINESS: Final review of the Madrona Woods Subdivision (continued from October 8. 2003). V. OTHER BUSINESS: 1. Draft list of Zoning Code Amendments for review 2. Comprehensive Plan Amendment Discussion VI. COMMUNICATIONS FROM THE PUBLIC VII. ST AFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, Jack Pittis PLANNING STAFF: BT;ld Collins, Director; Scott Johns, Associate Planncr; Suc Robcrds, Assistant Planner. . . . MINUTES PLANNING COMl\fiSSION Port Angeles, Washington 98362 October 22, 2003 6:00 p.m. ROLLCALL Members Present: Bob Philpott, Fred Hewins, Fred Norton, Jack Pittis, Linda Nutter, Chuck Schramm (arrived at 7:00 p.m.) Members Excused: Len Rasmussen Staff Present: Brad Collins, Sue Roberds, Scott Johns Public Present: Mike and Melinda Szatlocky, Alan Carrnann, Pam Tietz, Caitlin Norton APPROVAL OF MINUTES Commissioner Philpott moved to approve the October 8, 2003, minutes as presented. The motion was seconded by Commissioner Norton, which passed 5-0. CONTINUED BUSINESS: Final review of the Madrona Woods Subdivision (continued from October 8.2003), This item was reordered to be later in the meeting due to absence of the applicants. OTHER BUSINESS: Draft list of Zoning Code Amendments for review Assistant Planner Sue Roberds reviewed a memorandum outlining several proposed Municipal Code Amendments for consideration. The amendments are considered minor in nature being intended to clarify, further define, and streamline City standards and procedures. Some amendments proposed were a result of concerns raised during review of the short plat process where confusion with timelines were recognized within the existing regulations. The table located within the Zoning Ordinance defining specific development standards for special use pennits pennitted in residential zones was found to be out of date and is proposed to be updated. Staff is recommending that at this time small reader board signs are pennitted in addition to site identification signs for churches and private schools located in residential zones due to requests for variances to allow such signs. An amendment to assist the Police Department in its enforcement of those living in automobiles was proposed as well as repeating the existing wording prohibiting the residential use of trailers and campers in the enforcement section of the Zoning Ordinance for ease of reference where it is currently found in a difficult to locate area of the code. References to "Planning Director" remain throughout the Code even though an earlier amendment was intended to replace such reference with "Community Development Director". . . . Planning Commission Minutes October 22, 2003 Page 2 Commissioner Hewins' previously explained concern with the term "quasi public" was discussed at length. Commissioner Hewins' point was that if it is the intent to allow "quasi public" agencies the right to locate and develop in the Public Buildings and Parks (PBP)zone under the standards of the PBP zone, a definition should specifically state what those uses are and how they must develop. He suggested that only public entities should be allowed to develop in the PBP Zone at PBP Zone standards. However, ifit is the desire to treat agencies such as the YMCA as "quasi public" agencies and allow their location in PBP zones at PBP development standards, a distinct definition should be created so the intent is clear. Commissioner Nutter added that an increasing number of business opportunities are associating with public college activities. Planner Roberds indicated that as such uses would likely occur either on the college campus or within a commercial zone at a business office with college staff, the issue of "quasi public" would not apply. Commissioner Hewins reiterated that uses found in the PBP Zone should be publicly owned structures or open space and that the wording "quasi public" should not be used to identify the YMCA. Planner Roberds noted that the YMCA has been considered a "quasi public" use and as such the property was recently rezoned to the PBP zone and allowed to develop at PBP standards. If it is determined that the YMCA does not qualify for such development standards in the future, future development of the YMCA would be affected. Commissioner Hewins suggested that perhaps the YMCA should be identified as a permitted use in the PBP. Staffwas directed to confer with the City Attorney on this issue and forward a recommendation at the November meeting. [Commissioner Schramm arrived at this point.] Three bylaw changes to cover a new meeting time of 6:00 p.m., and additional information relative to voting requirements including wording expanding on when Commission members may abstain from voting and when they must remain to act due to lack of a quorum were proposed. An interpretation made during the year to clarify what the required distance between structures is when they are intended to be attached or detached was reviewed. A discrepancy between building standards and the concept and intent of planning practice was discussed. Detached structures can be located closer to setback lines than can attached structures so it is important to clarify what separation is required between interior structures such that required and intended separations and open space are observed. In order to not defeat the purpose of required setbacks in these instances, the conclusion was reached that a yard must exist between structures a minimum of 6' which would allow for maintenance and separation issues covered in the Building Code to be considered detached. The Commission concurred that staff's proposed definition is reasonable and should be included in the definition section of the Zoning Code. At this point Chair Nutter noted that the applicants had arrivedfor the Madrona Woods Subdivision review and directed that the issue would be discussed before proceeding further with the Code amendment work session. Planning Commission Minutes October 22. 2003 Page 3 . CONTINUED BUSINESS: Final review ofthe Madrona Woods Subdivision (continued from October 8.2003), Director Collins noted that most review issues had been resolved at the October 8,2003, meeting but what remained uncertain was the type of agreement that could be made with the Housing Authority to secure installation of the improvements required for the 19-unit single-family subdivision following final plat approval. The City Attorney and the Housing Authority's attorney Craig Ritchie worked together to craft an interlocal agreement which would allow required infrastructure improvements to be installed at a later date following final plat approval rather than before, which is the standard procedure. Specific law allows for the City to install place infrastructure for housing authorities. While the City is not agreeing to put in the infrastructure, Exhibit "A" of the proposed interlocal agreement describes what infrastructure is to be placed and describes the phasing. The Housing Authority is responsible for making required infrastructure improvements and paying for them. The City can be the security for the Housing Authori ty therefore allowing completion of the plat without the normal bonding. He further explained that phasing for the development is proposed to include Lots 1 - 8 as Phase I with Lots 9 - 19 and the extra lot west of"O" Street (Lot 20) and the Arbutus Lane cul-de-sac being Phase ll. . Mr. Collins provided amended findings and conclusions in support of a recommendation of approval for the final plat. Discussion that wording on the face of the plat should be amended to include the applicant's desire to provide infrastructure improvements for each phase of development was discussed (Finding 32). Following brief discussion regarding various procedures in the development of the site, Commissioner Norton moved to recommend approval ofthe interlocal agreement and the final plat as proposed citing the following 32 findings and 6 conclusions: Findings: 1. Chapter 16.08 ofthe Port Angeles Municipal Code (P AMC) sets forth local requirements for the approval of subdivisions. 2. The Revised Code ofW ashington 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 otherrelevant 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. . . . . Planning Commission Minutes October 22, 2003 Page 4 3. Section 16.08.050(B)(1) P AMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations ofthe 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. 4. The final plat subdivides the 5.23 acres ofland into 19 residential lots. The 19 residential building lots range in size from 9,002 to 10,286 square feet. A tract for drainage and recreation will also be created. 5. The preliminary plat application includes a drawing received and dated February 21, 2003, prepared for the Housing Authority of Clallam County by The Cedarwood Group, provided in Attachment B to the staff report which was used as the basis for the preliminary plat review. The final plat will be entitled Madrona Woods Subdivision. 6. The proposed Madrona Woods Subdivision site is located along "0" Street at its intersection with 18th Street and is legally described as a portion of Block 101, Suburban Lot of Port Angeles, WA in a portion of Section 6, Township 30 North, Range 6 West, W.M. 7. Surrounding properties are developed with low density single family residential uses to the north and west, and light industrial use to the south. Property adjacent to the east contains a single family residence and property further to the east is being developed as an adult family shelter with three multi-family developments continuing to the east. The area south of 18th Street is partially developed as the Fairchild Airport Industrial Park. Several other parcels in the vicinity are undeveloped. 8. The site is currently served by 18th Street and "0" Street, neither of which is fully developed to City street standards for collector arterial streets. The interior 12 lots will gain access from Arbutus Lane, a cul de sac interior to the subdivision. Transit service is available along both "0" Street and 18th Street with a bus stop at property directly east of the site. 9. The proposed final plat was reviewed by the City's Fire, Public Works and Utilities, Parks and Recreation, and Community Development Departments. 10. Public notice of the subdivision preliminary plat application was published on March 9, 2003, in the Peninsula Dailv News and posted on the site and mailed to property owners within 300 feet of the proposed subdivision on March 5, 2003. 11. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan Land Use Map. 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, Policies B.1-B.4, Goal I, Policies I.1-IA, Objective Ll; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy 2.C and D.l; Housing Element Goal A; Capital Facilities Element Goal A, Policies A.2, A.9.A.11, Goal B, Policies B.6-B.7, Goal C, Policies C.3- CA. . . . Planning Commission Minutes October 22, 2003 Page 6 26. The fire sprinkler system as required by the Fire Department shall be a condition of any new residential building permit as shown on the face of the plat. 27. Electrical, telecommunications, and street lighting shall be installed by the Housing Authorityper the interlocal agreement between the Housing Authori ty ofClallam County and the City of Port Angeles. All power lines serving this subdivision shall be installed underground per City design and easement requirements. 28. Address numbers are identified and placed on the final plat as provided by the City. 29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility easement a minimum of 20 feet in width adjacent to property line has been created. The infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat to public safety. 30. The City of Port Angeles and the Housing Authority of Clallam County have committed through an interlocal agreement to secure the installation of all street and utility improvements required for the final plat to the satisfaction of the City Engineer with a total estimated cost of$395,713. 31. The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and a separate lot that is not part ofthe Madrona Woods Subdivision. 32. The face of the plat shall provides a restriction that no occupancy of dwelling units shall not allowed until all roadway and utility improvements have been completed and approved by the City Engineer for each phase of the subdivision. Conclusions: A. The conditions of the Madrona Woods Subdivision were required by the Subdivision Ordinance and necessary to implement the Comprehensive Plan goals and policies. B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the development of single family homes. The configuration ofthe proposed subdivision lots and street layout conform to the desired urban design of the City for the RS-9 Zone. The subject site is located in an area with a grid street system and should be developed with low density housing units to achieve the desired urban design of the City. C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code. D. As conditioned, the final plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAM C, and the Washington State Subdivision Act, Chapter 58.17 RCW. E. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets orroads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, . . . Planning Commission Minutes October 22, 2003 Page 6 26. The fire sprinkler system as required by the Fire Department shall be a condition of any new residential building permit as shown on the face ofthe plat. 27. Electrical, telecommunications, and street lighting shall be installed by the Housing Authority per the interlocal agreement between the Housing Authority ofClallam County and the City of Port Angeles. All power lines serving this subdivision shall be installed underground per City design and easement requirements. 28. Address numbers are identified and placed on the final plat as provided by the City. 29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility easement a minimum of20 feet in width adjacent to property line has been created. The infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat to public safety. 30. The City of Port Angeles and the Housing Authority of Clallam County have committed through an interlocal agreement to secure the installation of all street and utility improvements required for the final plat to the satisfaction ofthe City Engineer with a total estimated cost of$395,713. 31. The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and a separate lot that is not part of the Madrona Woods Subdivision. 32. The face of the plat provides a restriction that no occupancy of dwelling units shall be allowed until all roadway and utility improvements have been completed and approved by the City Engineer for each phase of the subdivision. Conclusions: A. The conditions of the Madrona Woods Subdivision were required by the Subdivision Ordinance and necessary to implement the Comprehensive Plan goals and policies. B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the development of single family homes. The configuration of the proposed subdivision lots and street layout conform to the desired urban design ofthe City for the RS-9 Zone. The subject site is located in an area with a grid street system and should be developed with low density housing units to achieve the desired urban design of the City. C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code. D. As conditioned, the final plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. E. 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, . . . Planning Commission Minutes October 22,2003 Page 7 playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. F. 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 and beneficial to the City's tax base. Commissioner Schramm seconded the motion which passed 6 - O. A break was called at 7:25 p.m. The meeting resumed with continued discussion of the Draft list a/Zoning Code Amendments for review - A written list of proposed amendments and request for clarification of certain standards found in the Zoning Code submitted for review by Commissioner Rasmussen was reviewed. An explanation of some items was made by staff and several amendments were proposed which were considered minor in nature as a result of the discussion. Discussion took place regarding the proliferation of accessory residential dwelling units that are being developed as straight rental units. The development of such secondary residential dwellings was initiated in 1999 in order to address concerns where residents were asking to house a relative on the same residential property where they live rather than a more institutional situation - i.e., a mother-in-law use. While it was recognized that at some point such units would no longer be occupied by the original occupant, or house a relative or friend ofthe property owner/resident, it was the intent that such units would not be initiated as straight rentals which basically can result in any single family residential neighborhood becoming more multi- family in nature on a case by case basis. The size of the accessory unit, being no more than 50% of the primary unit, limits the resulting secondary use to a studio apartment rather than a duplex, which would require additional property. The main concern is that, particularly over the past year, residences are being purchased and remodeled into a unit and one-half strictly for rental purposes. The issues discussed were: 1) was the intent to require a property owner to live on the property and have a small rental; 2) was it the intent to require that the unit initially be for a relative or other emergency type use; or 3) was it intended to establish such uses on a wholesale basis within residential zones anywhere in town? There are no provisions or definitions explaining how many accessory residential units may be built in a block other than adherence to density provisions ofthe subject zone. The main concern is that a duplex use requires additional property to address added impacts where accessory residential units do not require additional property and can therefore be developed on any and all residential single family lots. Additionally, it is very difficult to enforce size requirements (i.e., 50% maximum) unless the units are separate from the main dwelling unit. Planner Roberds suggested that from a code enforcement perspective, it would be much easier to identifY when such units have been converted from 50% the size of the primary unit to a larger duplex unit if the accessory residential units are separate from the main dwelling unit: The intent of an accessory residential unit is that it remain truly accessory and not equal in size or use to the main unit. By requiring a separate building unit, the accessory residential uses would be visible and future code enforcement issues would be avoided because buyers would be able to see and . .' . Planning Commission Minutes October 12. 1003 PageS understand the extent of the secondary residential use and not believe that such a use could be expanded. Many times the Department deals with conditional use issues that have been established legally but are expanded upon unbeknownst to a prospective purchaser, illegally. Director Collins noted that another alternative would be to eliminate the 50% ruling and allow accessory residential units to be established within a primary structure larger than 50% ofthe primary use but less than equal. Planner Roberds cautioned that such a change would not deal with the Commission's concern that such uses within the confines of a primary structure could be expanded and the expansion not obvious without complaint which would then open the door to a myriad of enforcement issues that could be avoided if the units were separate from the primary unit. It is likely that true mother-in-law uses are desired to be separated from the main unit as would rental units. The only time that units are joined is in duplex situations and that is not the issue here. There was consensus that wording addressing the concerns would be formulated and discussed further at the November meeting. 2. Comprehensive Plan Amendment Discussion Director Collins reviewed a proposed schedule for the 2004 Comprehensive Plan amendments. He asked that Commission members put together a project list for amendments and work on a list of public who may be interested in serving on a citizen advisory committee. An updated coordinated walking route for the school district should be reviewed due to changes in bussing policies for the City. Commissioner Nutter advised that the non motorized routes be reviewed again as well. Mr. Collins noted that although the City has been reviewing the Comprehensive Plan yearly for a number of years, the City is not required to again review the Plan until 2011. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Mr. Collins reported that the City Council unanimously upheld the Commission's decision to approve the Morrison conditional use permit and SEP A determination. He reported that the Council is interested in better communication with the Planning Commission and is looking forward to another meeting with the Commission. He reported that he is looking into design review assistance with CTED and a method of placing permit information on individual property titles to ensure that conditions of special permits are not overlooked. REPORTS OF COMMISSION MEMBERS Commissioner Jack Pittis reported that he attended a traffic calming click listen and learn program on October 16, 2003, at the City. The information provided an overview for how the different methods work and in what situations they are most effective. . . . Planning Commission Minutes October 22, 2003 Page 9 ADJOURNMENT The meeting adjourned at 9:15 p.m. .~~ Bra Colhns, Secretary ~~~tte~ PREPARED BY: S. Roberds ~ORTANGELES WAS H I N G TON, U. S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: /tJ -d 2. -tJ.3 To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si ,nature below DOES NOT REQUIRE you to testify. ~E: rv Agenda Item No. ~s l\ II . .