Loading...
HomeMy WebLinkAboutMinutes 11/12/2003 o ~ ~. ~ ~ORr.ANGELES WAS H [ N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street November 12,2003 Special Meeting Time - 6 p.m. I. CALL TO ORDER 6 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of October 22, 2003 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 03-11 - SCHROEDER I RUEGG - 1431 W. 7th Street: Request to convert an existing structure into an accessory residential unit in the RS-7 zone. . 2. MUNICIPAL CODE AMENDMENT - MCA 03-02 - CITY OF PORT ANGELES. Citv- wide: Minor amendment and corrections to Titles 11, 16, 17, and 18 ofthe Port Angeles Municipal Code and to the Planning Commission's Bylaws. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len RBsmussen, Jack PitHs PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 12, 2003 6:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Hewins, Fred Norton, Jack Pittis, Linda Nutter, Chuck Schramm [arrived at 6:15 p.m.] Members Excused: Leonard Rasmussen Staff Present: Brad Collins, Sue Roberds, Scott Johns Public Present: J an Schroeder and Lloyd Ruegg APPRO V AL OF MINUTES After noting several typographical errors and changes in sentence structure by Commissioners Pittis, Norton, and Philpott, Commissioner Hewins moved to approve the October 22, 2003, minutes as corrected. The motion was seconded by Commissioner Pittis, and passed 5 - O. PUBLIC HEARINGS: Chair Nutter indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their know ledge. CONDITIONAL USE PERMIT - CUP 03-11 - SCHROEDER I RUEGG - 1431 W. 7th Street: Request to convert an existing structure into an accessory residential unit in the RS-7 zone. Associate Planner Scott J ohus presented the Department staff report recommending approval of the conditional use permit. Chair Nutter opened the public hearing. Lloyd Ruegg, 212 Huehslein Road, Sequim, W A 98382 indicated that the structure was built in 1987 as a studiolhobby room and that it meets all residential structural requirements. Jan Schroeder, 1425 West 7h Street, Port Angeles, WA 98362 stated that her parents currently reside in the primary residence and the hope is that they can move into the proposed accessory residential unit with their daughter (Mrs. Schroeder's sister) residing in the primary unit. There being no further testimony, Chair Nutter closed the public hearing. The Commission took a break at 6:35 p.m. to allow staff time to prepare a map requested by the Chair to identify surrounding zoning and reconvened at 6:45 p.m. Following review ofthe zoning map and surrounding uses, Commissioner Philpott moved to approve the conditional use permit with 3 conditions and citing the following findings, and conclusions: Planning Commission Minutes NQvember J 1. 2003 Page 2 . Conditions: 1. The applicant shall meet the permitting and utility requirements, including the provision of four off-street parking spaces for the principal residence (2) and the accessory residential unit (2). 2. Separate water meters and electric service shall be provided to each residential unit. 3. Each residential unit shall be assigned an individual address. Findings: . Based on the information provided in the Department Staff Report for CUP 03-l1 dated November 12, 2003, including all infonnation in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicants Jan Schroeder and Lloyd Ruegg submitted a Conditional Use Permit application for an accessory residential unit on September 15, 2003. 2. The application is for a conditional use permit to use an existing detached building for an accessory residential unit on an RS-7 Residential Single Family zoned property. 3. The applicant proposes to use an existing building located in the rear portion of one Townsite-sized lot located at 1431 West 7tlL Street for an accessory residential unit. The existing building has a total footprint of approximately 480 square feet and is setback 8 feet from the side yard property line and 30 feet from the rear property line and alley. 4. The principal residential unit contains approximately 960 square feet of area. The accessory residential unit is 480 square feet in size, which is 50% of the size of the main residence. . 5. Section l7 .08.01 OB of the Port Angeles Municipal Code defines "an accessory residential unit as a dwelling unit which: A. is incidental to a detached single family residence, B. is subordinate in space (i.e., fifty percent or less space than the single family residential use), C. is located on the same zoning lot as the single family residence, and D. is served by separate water and electrical services, in addition to a separate address. Section 17.08.025(1) of the Port Angeles Municipal Code defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided. but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit." 6. Planning Commission Minutes November 12,2003 Page 3 . . ,. . The proposal is on the same zoning lot as the main dwelling. The subject property is located in the 1400 block of West 7th Street between "G" and "H" Streets. The property is legally described as Lot l3, Block l52, Townsite of Port Angeles and is the standard 50 x 140 feet (7,000 square feet) in size. The subject property contains an existing, one-story single family residence that has approximately 960 square feet of floor area and an existing storage building that has a footprint of approximately 480 square feet. In total, the lot coverage is 1,680 square feet, or 24% and well below the maximum of 30%. 10. PAMC 14.40.060(D) requires 2 parking spaces per dwelling unit. The subject property has a covered parking area and area adjacent to the alley where parking could be provided. 11. The Comprehensive Plan designates the site as Low Density Residential (LDR). Adjacent designations include LDR to the west, south and, north, High Density Residential to the south of 8th Street, and Open Space to the east. l2. The property and the entire block are zoned RS7. Properties to the north and west are also zoned RS-7. The properties directly to the south of 8th Street are zoned High Density Residential (HDR) and Community Shopping District (CSD). Shane Park to the east is zoned Public Buildings and Parks (PBP). 7. 8. 9. The City's Parking Ordinance requires parking spaces to be a minimum of8.5 by 18 feet in length and that two off-street parking spaces be provided for each W1it of a single, two, or three family structure W1der P AMC 14.40.060. 14. The Comprehensive Plan's Land Use Element Policies A2 and C1, Housing Element Policies A6 and B6 state, "Accessory residential units should be allowed in certain residential zones, upon approval of a Conditional Use Permit. "and "Adequate low and moderate income housing opportunities should be provided within the Port Angeles Planning Area. " 13. 15. A Determination of Non-Significance was issued for this proposed action on November 3, 2003. 16. The Public Works and Utilities Department commented, 1. A separate water meter, Public Works Fee $640.00 2. A separate electric meter, (see inspector for fee) 3. Sanitary sewer hook-up (2 connections to 1 line okay), Public Works Fee $45.00 4. Shall meet parking requirement (2/residence total of 4 spaces) 17. No comments were received on the proposal by October 18, 2003, the end of the public comment period provided for in the legal notice. Planning Commission Minutes November 12, 1003 Page 4 . Concl usions: . Based on the information provided in the Department Staff Report for CUP 03-11 dated November 12,2003, including all ofthe 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 the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. Ian Schroeder and Lloyd Ruegg submitted a Conditional Use Permit application, CUP 03-11, to establish an accessory residential use at 1431 W. 7th Street on September 15, 2003. 2. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2 and C1, Housing Element Policies A6 and B6. 3. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. It also specifies that accessory residential units should be allowed in certain zones by conditional use approval in order to provide adequate, affordable housing. The proposed use, an accessory residential unit, is consistent with the purpose ofRS7 zone, as it is compatible with adjacent residential uses. If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning Code. 4. 5. As conditioned, the proposal is consistent with the definition of accessory residential unit under PAMe 17.08.110(B) and the purpose ofthe RS-7 zone. 6. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 7. As conditioned, the proposal is consistent wi th the Parking Ordinance, PAM C 14.40. 8. The definition of an accessory residential unit does not define or limit whether or not the accessory dwelling unit is occupied full or part time, nor who resides in the unit such as the property owner residing in the accessory unit and renting the main dwelling. 9. As conditioned, the proposal is in the public use and interest. The motion was seconded by Commissioner Pittis and passed 5 - O. . MUNICIP AL CODE AMENDMENT - MCA 03-02 - CITY OF PORT ANGELES. City - wide: Minor amendment and corrections to Titles 11, 16, 17, and 18 of the Port Angeles Municipal Code and to the Planning Commission's Bylaws. Chair Nutter opened the public hearing. Assistant Planner Sue Roberds worked through the list of proposed Code Amendments item by item with the Commission. Members concurred that amendments proposed to Sections 16.04, 16.08 would clarify and streamline existing procedures. In discussion of clarification to the definition of and intent of accessory residential units found in . Planning Commission Minutes November 12, 2003 Page 5 . Section 17.08, Director Collins responded that standards allowing accessory residential dwelling units were developed to assist with housing concerns by providing for people who own larger residential structures to provide an apartment for those seeking housing while thereby affording themselves a rental income allowing many to retain their homes. Accessory residential uni ts (ARU s) also provide for a mix of housing opportunities. Commissioners Schramm and Nutter expressed concern that what can result with current standards for ARUs is the avoidance of zoning regulations by essentially allowing duplex type uses without the additional lot coverage that is required when such multiple residential uses are developed. While duplex (two family) uses require 10,500 square feet of lot area, ARUs can be established on a 7,000 square foot lot without additional area and may result in the same impact. Requiring a standard 1 0,500 square foot lot area for two family uses in the RS-7 zone (14,000 for RS- 9 zone) was discussed as a way to eliminate the ability for such development to occur that would defeat the zoning standards for greater than single family development in residential zones. Currently, ARU regulations allows for multi family uses in all residential single family zones which could cause significant impact to a neighborhood without additional lot area to accommodate resulting impacts. While there is an acceptance that duplex uses can be scattered throughout the City by conditional use permit on larger lots with specific development standards, the current ARU process allows for similar development without additional area standards on any single family lot in the City. Director Collins favored allowing accessory residential units as permitted uses rather than by conditional use permit. He did not agree that if detached from the single family structure, ARUs would be more enforceable or more easily recognized. Commissioner Pittis noted that the primary goal for zoning standards is to protect neighborhoods and property values while providing some assurance ofthe type of development that will occur in a neighborhood to property owners and potential property owners. Following lengthy discussion regarding protecting the quality of single family neighborhoods, how to ensure that approved ARUs are not expanded into duplex uses, and a possible moratorium on the establishment of such uses until the issue of development standards is further reviewed, it was decided to continue discussion on this issue to a later time following consultation with the City's attorney. Commissioner Pittis moved to separate the proposed Code Amendment to Section 17.08.010(A) from consideration at this time until the City's attorney can be consulted on the issue including the possibility of a moratorium, and to refuse applications for such uses until a decision has been reached. The motion was seconded by Commissioner Norton and passed 6 - O. Commissioner Philpott noted that while he voted for the motion, he did not like the possibility of a moratorium. . Section 17.08.087 "Q" (Definitions) was discussed relative to "quasi public" uses. Commissioner Hewins did not agree that staff's proposed definition should include non recreational uses but only "quasi" recreational uses. It was decided that to clarify the intent of development allowed in the Public Buildings and Parks Zone, the wording found in 17.40.040(S) should be amended such that recreational uses are specified as needing to be public (public recreation structures and facilities) rather than simply "Recreation structures and facilities" and that "Quasi public recreation structures and facilities" could be added as a conditional use permit. . . . Planning Commission Minutes November 1 Z, 2003 Page 6 Wording was proposed allowing "Veterinary offices and clinics for small animals" to commercial zones and "veterinary offices and clinics" was added to Section 17.23.040 Permitted Uses, the Industrial, Light zone, with kennels being allowed by conditional use to Section 17.23. Wording was added to Section 17.96.125 (Residential Trailer Park) to confirm that automobiles are not considered appropriate forresidential occupancy, and a repeat ofthe section Non Residential Dwelling Prohibition" was added to Section 17.96.125 (Administration and Enforcement) so that it will be more easily referenced. Changes to the Commission's bylaws included an amendment to the meeting time from 7 :00 p.m. to 6:00 p.m. to coincide with the City Council's earlier meeting time and for citizen convenience, and amendments to Sections 11 (Voting) and 13 (Conflict of Interest and Appearance of Fairness) were proposed for clarification and update purposes only. An amendment to Section ll.16. 070 Enforcement Authority was approved such that it shal 1 be the responsible of the Building Official rather than the Police Chiefto notify persons who reside in unnumbered residential structures to number their homes within a specified period or be fined. There being no public testimony, Chair Nutter closed the public hearing. Following brief discussion, Commissioner Hewins moved to recommend approval of the amendments as proposed to Sections 11, 16, and 17 of the Port Angeles Municipal Code citing the following findings and conclusions: findings: Based on the information provided in the Department of Community Development Memorandum in support of Port Angeles Municipal Code Amendment MCA 03-01 dated November 12, 2003, including all information in the public record file, comments and testimony presented during the public hearing, the discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Department of Community Development proposed Municipal Code Amendment MCA 03-01 which would amend Sections 11.16.070 (Building Numbering); 16.04.100 (Preliminary Short Plat Approval); 16.08.030 (Subdivision Definitions); 17.08.025, 17.08.045, and 17.08.087 (Zoning Definitions); 17.13.080 (Residential Trailer Parks); 17.21.040 (Commercial Neighborhood Zone Permitted Uses) and 17.21.060 (Commercial Neighborhood Zone Conditional Uses); 17.22.040 (Commercial Shopping District Permitted Uses) and 17.22.060 (Commercial Shopping District Conditional Uses); 17.23.040 (Commercial Arterial District Permitted Uses) and 17.23.060 (Commercial Arterial District Conditional Uses); 17.15.040 (Residential High Density Conditional Uses); 17.32.020 (Industrial Light Zone Permitted Uses); and 17.40.040(S) (public Buildings and Parks Permitted Uses); and 17.96.125 (Administration and Enforcement) of the Port Angeles Municipal Code to clarify and further define and streamline standards contained therein, and amend the Planning Commission Bylaws by updating information and to provide for an earlier meeting time. n is Community Development Department staffs be1iefthat when the City was identifying those application processes covered by the State of Washington's 1996 consolidated permit processing regulations, short subdivisions were mistakenly included. The definitions found in 36,70(B) RCW and 58.17.020 RCW support the belief that short subdivisions were not intended to be included in the consolidated review process but should have remained in the category of administrative processes not requiring extraordinary review or public hearings. Additionally, although Section 18.02.020 PAMC includes short subdivision processes in those permits to be processed through the consolidated permit review procedures, that 2. Planning Commission Minutes November 12, 2003 Page 7 . . Conclusions: 3. information was not repeated in Section 16.04.020 PAMC which contains the City's short subdivision process procedures. Per Section 17.96.100 PAMC Amendments, in determining if an amendment to these regulations [zoning] is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the City's entire zoning regulations. Any amendment adopted by the City Council may be modified from the form in which it is advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. The City's Comprehensive Plan and Land Use Map have been reviewed with respect to the proposal. Growth Management Element Goal A and Policy A I; Land Use Element Map, Goal, Policies and Objectives Goal A, Policy A.2, Objective 1; Residential Goal C, Policy 1; Commercial Policies Goal D, Policy 1, and Goal E, Policy 3, were found to be the most relevant with regard to the proposal. Public notification of the intent to review the City's Municipal Code with the intent to make minor amendments for clarification and correction purposes was placed in the Peninsula Dai/v News on October 28, 2003. No written public comment was received during the comment period. The City of Port Angeles SEP A Responsible Official issued a Determination of NonSignificance on November 10, 2003, for the proposal. This satisfies the City's responsibility under the State Environmental Policy Act. The Port Angeles Planning Commission conducted a public hearing on November 12, 2003, for consideration of the proposed amendment. Following the hearing, the Planning Commission forwarded a recommendation of approval of the proposed amendments to the City Council that will consider the proposed Municipal Code Amendments at a public hearing on December 16, 2003. 4. 5. 6. 7. Based on information provided in the Department of Community Development Staff Report dated November 12, 2003, for MCA 02-02, 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 findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As proposed, the Municipal Code Amendments are consistent with the goals and policies of the City's Comprehensive Plan including but not limited to: Growth Management Element Goal A; Land Use Element Map Goal A, Policy A.2, and Objective A.I, Residential Goal C, Policy 1; Commercial Goal D, Policy I and Goal E, Policy 3. 2. The amendments will result in clarification of existing information contained within the text of the City's Zoning, Subdivision and building numbering sections of the Port Angeles Municipal Code, and by laws for the Planning Commission and Board of Adj ustment making the information more readily understood. 3. As proposed, the amendments are in the public use and interest. The motion was seconded by Commissioner Pittis, and passed 6-0. . COMMUNICATIONS FROM THE PUBLIC None. . . . Municipal Code Amendment - MC4 03-02 CITY OF PORT ANGELES November 12,2003 Page 8 STAFF REPORTS Director Collins noted that the City's preliminary budget is available for review. He briefly outlined that few changes are planned within the Department and that budget revenues are low. REPORTS OF COMMISSION MEMBERS Commissioner Pittis thanked the Commission members for their support in his recent run and win of a Council seat. His experience serving on the Planning Commission allowed him an opportunity to better understand how the Commission operates and he would take that information with him to the Council. ADJOURNMENT The meeting adjourned at 9:15 p.m. ~~ Brad Collins, Secretary \yVllda ~ Linda Nutter, Chair 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: To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. lfyou 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 m h' S' b I DOES NOT REQUIRE tify as tnRton. lRnature eow you to tes l NAME: ADDRESS: Agenda Item No. I ~VM,. /L.l A" /~ ltj r2 >' vJ7f!t +:A-. '-1-( - VV' C'V ,"-C ~J1J~ ~tt5Q / J' J .I ,/.' , J, "I /j .