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HomeMy WebLinkAboutPC Agenda Packet 2023-09-27 AGENDA PLANNING COMMISSION Hybrid Meeting* – In-Person and Virtual City Council Chambers: 321 East 5th Street, Port Angeles, WA 98362 Attend Virtual Meeting Here: https://www.cityofpa.us/984/Live-Virtual-Meetings September 27, 2023 6:00 p.m. I. CALL TO ORDER II. ROLL CALL III. PUBLIC COMMENT IV. APPROVAL OF MINUTES Minutes of the August 9, 2023 Regular Meeting V. DISCUSSION ITEMS 1. Short-Term Rentals - Public Engagement Plan Discussion of the draft vision, goals, and objectives for the Short-Term Rental Public Engagement Plan. 2. 2025 Periodic Update of the Comprehensive Plan Discussion of public engagement priorities to solicit input from the Planning Commission in anticipation of developing a Public Engagement Plan. VI. ACTION ITEM 1. Short-Term Rentals – Subcommittee Creation Selection of a subcommittee that will participate in the short-term rental public engagement process. VII. STAFF UPDATES VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT *This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public and Commissioners have the option to attend the meeting in person in City Council chambers at City Hall or remotely through the Webex virtual meeting platform. For those planning to attend remotely, learn how to watch the meeting live and participate during the public comment period by visiting: https://www.cityofpa.us/Live-Virtual-Meetings. September 27, 2023 Planning Commission Agenda Packet Page 1 of 8 Minutes of the August 9, 2023 Regular Meeting September 27, 2023 Planning Commission Agenda Packet Page 2 of 8 MINUTES PLANNING COMMISSION Hybrid Meeting – In Person and Virtual City Council Chambers: 321 E 5th Street, Port Angeles, Washington 98362 August 9, 2023 at 6:00 P.M. REGULAR MEETING CALL TO ORDER Chair Stanley opened the regular meeting at 6:03 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Andrew Schwab (Vice Chair) Richie Ahuja Tammy Dziadek Marolee Smith James Taylor Colin Young Commissioners Absent: None City Staff Present: Ben Braudrick (Senior Planner) Zach Trevino (Assistant Planner) Chris Cowgill (Assistant City Attorney) Public Present: Holden Fleming, Jim Haguewood, Anthony Hale, Steve Luxton, 3 unidentified members of the public PUBLIC COMMENT Chair Stanley opened the meeting to general public comment. No member of the public provided any comment. Chair Stanley closed the meeting to general public comment. APPROVAL OF MINUTES Commissioner Dziadek noted that The Nature of Cities recommended by Chair Stanley at the last meeting of the Planning Commission was an erroneous title for the intended book. The correct title of the book is The Nature of Economies. Chair Stanley acknowledged this correction, stating that the minutes from the July 26, 2023 will remain unchanged. MOTION: Commissioner Taylor moved to approve the minutes from the July 26, 2023 regular meeting of the Planning Commission. The motion was seconded by Commissioner Smith and passed unanimously (7-0) through a consent vote. September 27, 2023 Planning Commission Agenda Packet Page 3 of 8 Planning Commission Minutes August 9, 2023 Page 2 PUBLIC HEARING 1. Title 17 Municipal Code Amendment Planner Braudrick introduced the item by providing an overview of proposed Municipal Code Amendment No. 23-41. He explained the background of the City Council’s direction to incorporate requirements of Engrossed House Bill 1337 into the Port Angeles Municipal Code (PAMC). The Washington State Department of Commerce agreed to review the proposed amendments under an expedited process to enable the City to adopt the amendments sooner than the end of the required 60-day notice period. He explained the analysis contained in the staff report to ensure the Commission understood the approval process and the nature of the proposed code changes. Planner Braudrick proceeded to explain each of the proposed changes and the reasoning for each proposed amendment to Title 17 PAMC. He identified the changes to the municipal utility capacity analysis threshold for proposed development in the R7 zone requested by Council and the changes to accessory dwelling unit (ADU) standards intended to achieve compliance with HB 1337. Following the explanation of the proposal and decision-making process, Planner Braudrick read into the record a letter written by City Engineer Jonathan Boehme to the Planning Commission. This letter was submitted following the deadline for inclusion of materials in the agenda packet. The letter provides considerations regarding sewer capacity in the City of Port Angeles that are relevant when evaluating proposed development. The letter identifies the general cost of utility capacity upgrades and the timeline needed to upgrade infrastructure in order to serve development. The difference between the set of considerations applicable to smaller-scale development in a capacity constrained sewer basin and larger-scale development was addressed in the City Engineer’s written comments that Planner Braudrick read into the record. The purpose of these comments was to clarify the purpose of the municipal utility capacity feasibility analysis requirement. Chair Stanley summarized the proposed changes to ensure the Commissioners understood the changes being considered. He noted that the proposed change to the municipal utility capacity analysis requirement will exempt certain projects that would have been required to conduct an analysis under Ordinance No. 3710 from the analysis requirement. Planner Braudrick confirmed that the City already knows certain areas where capacity is constrained, but in areas where capacity availability is not known the developer would need to pay the cost of analysis and any required upgrades to the infrastructure. Commissioner Smith asked whether publicly available maps depict sewer capacity in each basin. Chair Stanley asked for more information about known sewer capacity constraints. Planner Braudrick confirmed that the City can provide information on available sewer capacity data at a future meeting. Commissioner Taylor said that he could not find sewer capacity data when using the City’s GIS map. He stated that the City needs to specify areas that have available capacity on a publicly available map. Commissioner Young explained that the provision of data can be difficult for staff. He asked whether there is information on why staff recommended changing the capacity analysis threshold from three primary units to eight bedrooms. Planner Braudrick explained that this derives from a Council direction. Assessing the impact of development when using number of bedrooms as a threshold is more accurate than using the number of units. September 27, 2023 Planning Commission Agenda Packet Page 4 of 8 Planning Commission Minutes August 9, 2023 Page 3 Vice Chair Schwab identified the proposed language in Section 17.21.020 PAMC and asked whether a lot could have a single-household dwelling unit with a duplex ADU. Planner Braudrick confirmed the regulations would allow this. Chair Stanley opened the public hearing to public comment. The following individuals provided comment: • Holden Fleming expressed full support of the proposed measures, stating that staff and the Commission must continue to address housing needs in the City. • Steve Luxton explained that he has been dealing with the feasibility study implications of Ordinance No. 3710 for six months and the impact of those requirements on his development project. He stated that the Department of Public Works is not reasonable enough to handle this authority. He has been working through the permitting process and has been faced with a cost of thousands of dollars to upgrade utility infrastructure. Mr. Luxton explained that this capacity analysis requirement has already stopped certain developments, including a project proposed by Habitat for Humanity. He requested that the threshold be changed from “8 or more bedrooms” to “more than 8 bedrooms” to accommodate the Habitat for Humanity project. Chair Stanley began the Commission’s discussion by explaining that the City needs to think about utility replacement and plan for the future so the infrastructure deficiencies can be addressed. He noted that different methods of measuring the impact of humans on the sewer system exist. He raised an example of a past project that involved a quadrupling of utility use but did not require infrastructure upgrades. Commissioner Young explained that there is likely a method available to Engineering staff that can best approximate the load on the sewer system and urged that the most accurate method should be used. He explained that the number of bathrooms matters because that will determine the load spreading. He noted that eight bedrooms triggering an analysis seems like an arbitrary threshold considering that a standard multi-family development consists of four units with two bedrooms each. Chair Stanley noted that encouraging density is important. Commissioner Smith asked whether the City knows what capacity is available. She provided her own home as an example, noting that it used to be a drug treatment center with more bedrooms. She noted that the City of Port Angeles used to not have much information on or requirements regarding capacity. She stated that a property owner should know what capacity is available before they spend any money on the development process. Ideally, the City will be able to tell inquirers about capacity feasibility at the beginning of a process. She asked who is setting the fees applicable to new development. She noted that the PAMC gives discretion to the staff for setting fees. She is in support of the proposed amendments. The City needs more information available to the public. A City map should be made available indicating where capacity is available because the City should be making it as simple as possible for someone to build a residence. Commissioner Ahuja noted that the comments from the City Engineer regarding infrastructure are concerning. Areas of deficient infrastructure should be prioritized for upgrades. He asked whether staff could provide a cost estimate for conducting an analysis of upgrades priorities. He concurred that there should be a capacity map available. A developer deserves certainty for utility capacity availability to obtain financial feasibility. He is not in September 27, 2023 Planning Commission Agenda Packet Page 5 of 8 Planning Commission Minutes August 9, 2023 Page 4 favor of each unit being required to conduct a feasibility study. A “heat map” should be available for developers to consult so individual analyses are not required. Planner Braudrick provided clarifications regarding Commissioner comments. He noted that a Wastewater Comprehensive Plan process is underway, and a final plan is being drafted. He noted that the proposed threshold is eight bedrooms for an analysis, so typical ADUs are not subject to the analysis requirement. Most existing older homes in Port Angeles are 2-3 bedrooms, so adding an ADU to a lot would not trigger the capacity analysis. Commissioner Taylor sated that he would like to see a “green map” identifying where capacity is available for development. He explained that the last Utility Advisory Committee meeting was cancelled due to lack of quorum. He asked for a joint meeting between the Planning Commission and the Utility Advisory Committee. Chair Stanley expressed an immediate need for knowing what parts of the City are buildable and which are not due to capacity constraints. Commissioner Smith agrees that the City cannot improve capacity everywhere all at once but should prioritize improvements where they make sense. It is important to identify areas where capacity is available to facilitate quick development decisions. Zoning should be amended to reflect capacity constraints. Commissioner Taylor recommended an “R7-Green” overlay zone where developers can develop based on available capacity. This will ensure that developers can save time in the development process. Chair Stanley noted that such a map would identify areas that cannot be developed and enable City to target those areas for improvements immediately. Commissioner Young stated that he is in favor of changing the analysis threshold language in Table 17.10.050-1 PAMC to “more than 8 bedrooms.” Chair Stanley noted that the threshold could be set at eleven bedrooms in order to allow a project with eight bedrooms and two one-bedroom ADUs on one lot to be approved without going through a capacity analysis. Commissioner Young asked whether it is feasible to build six units on one standard lot. Planner Braudrick noted that the dimensional standards would need to be met. Vice Chair Schwab noted that eight bedrooms is an arbitrary threshold. He takes issue with changing code to accommodate one specific development. Chair Stanley noted that development policies based on the needs of a single developer is flawed. Commissioner Smith noted that Planning Commissions should have discretionary power to make determinations on variances instead of just the Hearing Examiner. She advocated for developments to be considered by the Commission to determine whether a development should be allowed. Development should be made more flexible. Chair Stanley noted that the City Council and Planning Commission want to promote density, so he would consider a motion to approve the proposed language but raise the number of bedrooms triggering the municipal capacity analysis to eleven. This would accommodate ten bedrooms across six units on one 7,000 square foot lot without a utility feasibility review. Further discussion of this proposed changed ensued. MOTION: Chair Stanley moved that the Planning Commission recommend the City Council adopt the proposed municipal code amendment as presented, except for the municipal utility capacity language in Table 17.10.050-1 PAMC, which should be amended to state that capacity “may be reviewed when assessing the feasibility of any September 27, 2023 Planning Commission Agenda Packet Page 6 of 8 Planning Commission Minutes August 9, 2023 Page 5 proposal that results in 11 or more bedrooms per 7000 square feet of project area.” The motion was seconded and passed unanimously (7-0) through a roll call vote. Vice Chair Schwab suggested that the Commission ask staff to put a capacity overlay layer on the City’s Multi Use Map. MOTION: Commissioner Taylor moved to recommend that City Council direct staff to provide a sewer capacity overlay layer on the City’s Multi Use Online Map. The motion was seconded by Commissioner Smith and passed unanimously (7-0) through a roll call vote. Commissioner Ahuja noted that this layer should be added for the purpose of providing clarity to developers about capacity constraints. ACTION ITEM 1. Port Angeles Comprehensive Plan Periodic Update – Subcommittee Creation Planner Braudrick read a letter provided by Assistant City Attorney Cowgill addressing the Planning Commission Bylaws and how they relate to the Open Public Meetings Act (OPMA). The OPMA takes precedence over the bylaws. This letter was provided to the Commissioners and entered into the record. Chair Stanley provided an overview of where the discussion was left when it was continued to the next meeting at the July 26, 2023 Planning Commission meeting. He asked the Commissioners who had volunteered whether they are still interested in serving on the subcommittee and emphasized that the role is one of facilitator rather than someone advocating for their own views. Further discussion of subcommittee creation ensued among the Commissioners, with a focus on clarifying the role of the subcommittee. Chair Stanley explained that he does not need to be directly involved in the subcommittee. He officially created the Comprehensive Plan Periodic Update subcommittee last meeting. He appointed Commissioners Dziadek, Smith, and Taylor to serve on the subcommittee. He asked whether any of those members wanted to take the role of chair. Commissioner Taylor volunteered to serve as chair. Chair Stanley appointed Commissioner Taylor to be the chair of the new subcommittee. STAFF UPDATES City staff provided the following updates to the Commission: • Planner Braudrick noted that there is no update since last meeting regarding the Lower Elwha Klallam Tribe Hotel, Anian Shores, or the Race Street improvement project. Commissioner Smith asked about the Race Street project. Planner Braudrick explained that Race Street construction is focusing on concurrent upgrades of street and utility infrastructure. • Planner Trevino noted that staff plans to attend the American Planning Association Washington Chapter Peninsula Section Planner’s Forum on August 17, 2023 in Poulsbo, Washington. This will enable discussion of housing among planning professionals. September 27, 2023 Planning Commission Agenda Packet Page 7 of 8 Planning Commission Minutes August 9, 2023 Page 6 REPORTS FROM COMMISSION MEMBERS • Commissioner Dziadek explained that she read an article published by Strong Towns addressing changes to posted speed limits and the importance of using engineering changes to accompany speed limit changes. • Commissioner Taylor inquired about the Wastewater Comprehensive Plan. He would like to have the opportunity to review the plan. He asked staff to provide a link to the plan. Planner Braudrick explained that staff can provided a link to the Wastewater Comprehensive Plan web page for Commissioner review. • Commissioner Taylor noted that the Housing Administrator position is no longer posted. Planner Braudrick confirmed that the position is filled and the new Housing Administrator will be starting work in the position on August 14, 2023. • Chair Stanley asked for staff to share a list of email addresses for all Commissioners, which staff confirmed they could do. ADJOURNMENT Chair Stanley adjourned the meeting at 7:55 P.M. Zach Trevino, Secretary Ben Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary September 27, 2023 Planning Commission Agenda Packet Page 8 of 8