HomeMy WebLinkAboutMinutes 11/08/2006
~ORl'ANGELES
WAS H I N G TON, U. S. A.
AGENDA
PLANNING COMMISSION
321 East Fifth Street
November 8, 2006
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance led by Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of October 25, 2006
IV. PUBLIC HEARINGS:
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1.
CONDITIONAL USE PERMIT - CUP 06-07 -HATCHER. 737 East 12th Street:
Request to allow the continuation of an accessory residential unit in the RS- 7
Residential Single Family zone.
2. STREET VACATION PETITION - STY 06-07 - SOMERS etal: a portion ofthe
Madrona/Hazel Street Alley: Request for vacation of right-of-way.
V. OTHER BUSINESS
Open discussion on proposed land development guide
VI. COMMUNICATIONS FROM THE PUBLIC
VII. STAFF REPORTS: Proposed minor amendments to the City's zoning and
subdivision/short plat standards intended to clarify activities permitted in various zones and
to further define uses that are expected in various areas ofthe City. Amendments are a result
of issues that have arisen in the course of development review that both the Commission and
staffhave encountered over a period of time.
VIII. REPORTS OF COMMISSION MEMBERS
IX. ADJOURNMENT
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PLANNING COMMISSIONERS Chene Kldd (Chair), Dave Johnson (Vice Chair), Kevm Snyder, John Matthews, Stanley Hams, Werner Beier, Doc Relss
PLANNING STAFF Mark Madsen, Dlfector, Sue Roberds, Planmng Manager, Nathan West, Prmclpal Planner, Scott Johns, ASSOCiate Planner
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
November 8, 2006
6:00 p.m.
ROLL CALL
Members Present:
Cherie Kidd, Dave Johnson, Kevin Snyder, John Matthews,
Stanley Harris, Werner Beier, Doc Reiss
Members Excused:
None
Staff Present:
Sue Roberds, Nathan West
Public Present:
Chris Bariel, BettyBooher, Suzanne Janssen, Walter Hatcher,
Patricia Sommers
CALL TO ORDER
Chair Kidd called the meeting to order and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Due to questions regarding the conditions noted for the Stephens Subdivision and
Lipman Street Vacation, the October 25 regular meeting minutes were continued to next
scheduled meeting - December 13, 2006.
PUBLIC HEARINGS:
Chair Kidd indicated that those who testify must sign the "Sign In" log and affirm that their
testimony will be truthful to the best oftheir knowledge prior to providing testimony during public
hearings.
CONDITIONAL USE PERMIT - CUP 06-07 -HATCHER. 737 East 12th Street:
Request to allow the continuation of an accessory residential unit in the RS-7
Residential Single Family zone.
Planning Manager Sue Roberds reviewed the Department's report recommending approval
of the conditional use permit application with conditions. Following brief questions regarding
location ofthe proposal and required parking improvement for the accessory use, Chair Kidd opened
the public hearing.
Walter Hatcher, 1823 W. jih Street indicated that he purchased the property as a two unit
development. He was not aware that the second unit had been added without proper permitting.
When informed by staff ofthe requirements for permitting, he applied for the conditional use permit.
He is aware ofthe need for an individual water meter and an acceptable driveway for the second unit
off the right-of-way.
There being no further questions, Chair Kidd closed the public hearing.
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Planmng CommiSSIOn Mmutes - November 8. 2006
Page 2
Following discussion, Commissioner Harris moved to approve the conditional use permit
with the following conditions, citing the noted findings and conclusions:
Conditions:
1. Addressing for each dwelling unit shall be clearly identified (737 and 737 12 West 12th
Street). Address numbers must be at least six (6) inches in height, readily visible from the
street, and of contrasting color from their background.
2. A total offour (4) off-street parking spaces are required for the dual residential activity: 2 for
the primary use and 2 for the accessory dwelling unit. A second off-street parking space
shall be created off of "A" Street subject to the approval ofthe Public Works and Utilities
Department for occupancy of the ARU .
3. Smoke detectors shall be installed and inspected by the Fire Department for continued
occupancy of the structures per the International Residential and Fire Codes.
4. Utility service shall be rectified for the type of use that has been occurring by the installation
of a ~epar~te water meter in the accessory residential unit. The sanitary sewer service may
remam as IS.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 06-07 dated
November 8, 2006, 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
conditions of approval, the City of Port Angeles Planning Commission hereby finds that:
1. Mr. and Mrs. Hatcher submitted a conditional use permit application for an accessory
residential unit on September 21, 2006. The applicants own the subject property that is
legally described as Lots 1 and 2, Block 350 ofthe Townsite of Port Angeles and is located
at 737 W. 12th Street. .
2. The site is zoned Residential Single Family (RS-7) and contains 13,984 square feet in area.
Site development consists of an approximately 1800 square foot single family residential
structure that has been separated such that approximately 300 square feet (north section)
functions as an independent living unit. Changes to the residential occupancy can be traced
to at least 1992 when a separate electrical meter was installed.
3. The City of Port Angeles Comprehensive Plan designates the site as Low Density
Residential. Adjacent designations are also Low Density Residential. The site is located in
the City's North Central Planning Area.
4. The subject site is located at the northeast comer of the intersection of West 12th Street and
"A" Street immediately adjacent to the Tumwater Creek Ravine. Access to the primary
residential structure is developed from 12th Street with access to the accessory residential
unit from "A" Street.
5. Development in the neighb<;>rhood includes predominately single family residential uses.
Multiple family uses are not prevalent in the area.
6.
Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional
use permits as specified in the applicable Chapter ofthe Zoning Regulations. The Planning
Commission may grant said permits which are consistent and compatible with the purpose
of the zone in which the use is ,located, consistent with the Comprehensive Plan, and not
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Planmng CommISSIOn Mmutes - November 8, 2006
Page 3
contrary to the public use and interest. In each application the Planning Commission may
impose whatever restrictions or conditions are considered essential to protect the public
health, safety, welfare, and to prevent depreciation of neighboring property. Conditional uses
shall be evaluated to determine if the characteristics of the intended use would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit ifthe characteristics of the intended use would defeat the purpose ofthe City's zoning
regulations. A development that is approved through the conditional use permit process must
remain in continual compliance with specific conditions of approval or may be revoked.
The Port Angeles Municipal Code provides guidance as to accessory residential units.
Section 17.08.040(A) establishes that accessory residential units are permitted in the RS-7
zone by conditional use permit. Section 17.08.01 O(B) defines an Accessory Residential Unit
as "a dwelling unit which is incidental to a detached single family residence, is subordinate
in space (i.e., fifty percent or less space than the single family residential use), and is located
on the same zoning lot as the single family residence. An accessory residential unit is served
by water and electrical service that is separate from the primary residential service and has
a separate address." Section 17.08.025(J) defines a dwelling unit as "one or more rooms
which are arranged, designed, or used as living quarters for one family only. Individual
bathrooms are not necessarily provided, but complete single kitchen facilities, permanently
installed, shall always be included for each dwelling unit."
The ARU was constructed without the benefit of the City's approval. Electrical changes
were done with an electrical permit but no building permit was issued for building
separation. A building permit will be required along with a separate water meter for the
accessory residential activity.
Residential uses within the City require 2 off-street parking spaces for each living unit. The
site will require four (4) off-street parking spaces for the two residential uses. Current site
development provides three (3) off-street parking spaces. Site access must comply with
Public Works and Utilities Standards.
Notification of conditional use permit application was placed in the Peninsula Daily News
on October 10, 2006. Public notIce was mailed to property owners within 300 feet of the
subject property and the site was posted on October 10, 2006. No comments were received
as a result of the public notice period which ended on October 30, 2006.
A Determination of Non-Significance was issued for this proposed action on November 2,
2006.
12. The Planning Commission conducted a public hearing on the proposal on November 8, 2006.
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Conclusions:
Based on the information provided inthe Department of Community Development Staff Report for
CUP 06-07 dated November 8, 2006, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's discussion
and deliberation, and the above listed conditions of approval and listed findings, the City of Port
Angeles Planning Commission hereby concludes that:
1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan,
specifically with Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6
and B.6, and Transportation Element Policy B.I4.
Planmng CommIssIon Mmutes - November 8, 2006
Page 4
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As conditioned, the existing development will be in compliance with the criteria identified
in PAMC l7.08.0l0A that defines an ARD.
3. As conditioned, the proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance).
4. The use is in the public interest as it allows for a variety of housing opportunities.
5. The City's responsibility under the State Environmental Policy Act in review ofthe proposal
has been satisfied.
2.
The motion was seconded by Commissioner Snyder and passed unanimously.
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STREET Y ACATION PETITION - STY 06-07 - SOMMERS etal: a portion of
the MadronalHaze1 Street Allev: Request for vacation of right-of-way.
Planning Manager Sue Roberds reviewed the Department report recommending approval of
the street vacation with one condition. Chair Kidd opened the public hearing.
Susan Janssen, 1131 Madrona noted that the petitioners were in agreement with the
recommendation and understood the recommended condition. She asked who would move the utility pole
in the alley if the street is vacated. Planning Manager Sue Roberds responded that it would be up to the
property owner to either move or pr;ovide a utility easement for the existing utility pole.
Ms. Janssen expressed frustration in getting a response to questions in the past with regard to
a stand of trees in the alley and a utility pole in the yard. When asked by Chair Kidd if she spoke to
Community & Economic Development staff regarding the concerns, she responded that she had not, but
wished to proceed with consideration of the vacation petition at this point whether or not the specific
questions could be immediately answered. Planning Manager Roberds said that staffwould look into her
specific issues if Ms. Janssen could explain exactly what she was referring to.
There being no further questions, Chair Kidd closed the public hearing.
Following brief discussion, Commissioner Snyder moved to recommend approval of the street
vacation petition with one condition, citing the following findings and conclusions in support of the
recommendation:
Condition:
1. Property owned by the petitioners and acquired through the subj ect vacation shall be combined
into one building site per Zoning Lot Covenant prior to the issuance of a quit claim deed for the
right-of-way.
Findings:
1. A petition requesting vacation of that portion of the Madrona/Hazel Street Alley located east
of Fairmont Avenue abutting the west Y2 of Lot 5 and Lots 6 - 10, 11, 12, 13, and 14, Block 11,
Puget Sound Cooperative Colony's Second Addition to Port Angeles was submitted on August
25,2006.
2. RCW 58.17 requires that a petition be submitted containing the signatures oftwo thirds of the
abutting property owners in order for consideration of a vacation of right-of-way. The subject
petition is signed by 100% of the abutting property owners. Clallam County Hostelries (owner
of the west 12 of Lot 5 and Lots 6 - 10 PSCC 2nd Addition) does not wish to purchase any
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Planmng CommiSSIOn Mmutes - November 8, 2006
Page 5
portion of the abutting right-of-way. The agency has stated by signing the petition that they
have no objection to the vacation.
3. The subject area is zoned RS-9 Residential Single Family and is developed with single family
structures with the exception of the group home operated by Clallam County Hostelries and
operated as Hazel Street House. The group home is operated under a conditional use permit.
4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element Goal
A is relevant to the proposaL
5. The City of Port Angeles' Real Estate Committee met on September 18,2006, and established
a value for the unopened right-of-way. The subject area is approximately 200' x 50' for a total
of 10,000 square feet.
6. The petitioners have historically enjoyed use of the right-of-way along with other private
property activities as the corridor has never been opened nor is it easily accessible by the public.
7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A)
review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
8. On September 19,2006, the City Council set a hearing date for consideration ofthe petition as
November 21,2006, and referred the matter to the Planning Commission for a recommendation.
Legal publication was provided with regard to the proposed vacation consideration in the
Peninsula Daily News on September 24, 2006.
9. The Real Estate Committee of the City Council discussed compensation for the right-of-way
and decided upon a value of $3.00 per square foot in the event of vacation at its meeting of
September 18,2006. The petitioners were immediately notified and responded on October 13,
2006, that they would like to proceed with consideration based on the $3.00 per square foot
compensation.
10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation
on November 8, 2006, and forwarded a recommendation to the City Council for consideration.
Conclusions:
The vacation will not result in a change or disruption of the traffic in the area. The unopened right-of-
way serves no purpose to the current or long range transportation needs of the City, and the vacation
will place unused property on the City's tax roles, the vacation serves the public interest.
A. Consolidation of the petitioners' property ownerships with the vacated right-of-way will
result in slightly larger building envelopes in the area but will not result in redividable
properties.
B. The vacation action will place responsibility for maintenance of the right-of-way on those
property owners who have historically enjoyed use ofthe right-of-way without disruption or
notice of surrounding property owners.
C. The vacation is not in conflict with any of the development standards identified in the City's
RS-9 (Section 17.11 P AMC) Residential Single Family zone.
D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically Land Use Map Goal, Policies and Objective Element Goal A.
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Planmng CommiSSIOn Mmutes - November 8, 2006
Page 6
The motion was seconded by Commissioner Beier and passed unanimously.
OTHER BUSINESS
Open discussion on proposed land development guide
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Proposed minor amendments to the City's zoning and subdivision/short plat standards
intended to clarify activities permitted in various zones and to further define uses that are
expected in various areas ofthe City. Amendments are a result of issues that have arisen
in the course of development review that both the Commission and staff have
encountered over a period of time.
Principal Planner Nathan West noted that staff has been putting a list of proposed
amendments to the City's zoning, subdivision/short plat standards together for review and proposed
amendment. Amendments are being proposed mainly to update language found within the
documents and correct inconsistencies or outdated information. This information will be formally
presented to the Commission for review on December 13, 2006.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at p.m.
~~~
rie Kidd, air
PREPARED BY: S. Roberds
~ORT .ANGELES
WAS H 1 N G TON, USA
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