HomeMy WebLinkAboutMinutes 01/25/2012ROLL CALL
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
January 25, 2012
6:00 p.m.
Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers,
David Miller, Amanda Anderson, One Vacancy
Members Absent:
Staff Present:
Public Present:
CONTINUED PUBLIC HEARING
None. One vacancy.
Scott Johns, Heidi Greenwood, Sue Roberds
Patti Mon Christine Williams, Theresa Schmid, Peter
Casey, Kenny McDaniels, Paul Cronauer, Terry
Peterson
CALL TO ORDER
Chair Reiss called the meeting to order at 6:00 PM and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Miller moved to approve the regular January 11, 2012, meeting minutes
as presented. The motion was seconded by Commissioner Boyle and passed 5 0 with
Commissioner Reiss abstaining due to absence at the meeting.
CONDITIONAL USE PERMIT CUP 11 -04 LOWER ELWHA KLALLAM
TRIBE 2917 Edgewood Drive: Request to allow a free standing off site directional
sign in the IH Industrial Heavy zone. (The applicant has requested that this item be
withdrawn.)
Chair Reiss opened the continued public hearing. Planning Manager Roberds indicated
the e -mail from the applicant's representative Carol Brown stating withdrawal of the
application.
Commissioner Matthews moved to accept withdrawal of the application. Commissioner
Anderson seconded the motion that passed 6 0.
Planning Commission Minutes
January 25, 2012
Page 2
PUBLIC HEARINGS
STREET VACATION PETITION STV 11 -04 BIRDWELL, Portion of the
Georgiana /Front Street alley 1527 East Front Street:
Planning Manager Roberds reviewed the Department Report recommending approval of
the street vacation petition. Mrs. Roberds indicated that a property owner in the area was in
the audience who would like to address the Commission regarding access to his landlocked
property. Chair Reiss opened the public hearing.
Paul Cronauer, 806 Milwaukee Drive apologized for the late discussion but asked the
Commission to consider the matter of access to his landlocked property that is located north
of the petitioner's holdings in the area. He said that he could produce an easement indicating
that Rayonier Properties granted him an easement some 30 years ago when he purchased his
property to access Georgiana Street and further access the difficult to reach property that he
owns. He does not have access to his site without the easement.
Manager Roberds identified visually where Mr. Cronauer's property exists relative to the
petitioners' holdings and Georgiana Street. In response to a question of access, Associate
Planner Scott Johns indicated that access to the environmentally sensitive area site is
difficult but not impossible.
Terry Peterson, 137 Fainvay Drive, Sequim, WA 98382, represented Mr. and Mrs. Ray
Birdwell in this matter. Mr. Peterson stated that the Birdwells are not opposed to working
this matter through further with Mr. Cronauer if there is something that can be done to
accommodate him without encumbering their holdings. They have not given any easements
to cross their property. Mr. Cronauer's property is further north of the Birdwell holdings and
appears to be unbuildable and very difficult to access. However, the petitioners are not
adverse to continuing this matter to the next Planning Commission meeting to afford time to
work out the details.
The Commission began discussion with Mr. Cronauer as to how he has accessed his property
in the past and Commissioner Matthews stated that the property appears to be entirely within
an environmentally sensitive area and likely not accessible by any City rights -of -way nor a
good building investment. Mr. Cronauer responded that he is aware of the difficulties of
reaching his property but had hoped to build a home on the site in the future. I-te has relied
on travel along private properties to access Georgiana Street to get to the property in the past
and has worked with sensitive properties in the past. I -Ie has not visited the site in some time
and utilities do not serve the site as there are no City utilities in the area.
Following further comments regarding access to the site, Commissioner Boyle moved to
continue the public hearing to the regular February 8, 2012, meeting. Commissioner
Matthews seconded the motion that passed 6 0.
Planning Connnission Minutes
January 25, 2012
Page 3
EXTENSION REQUEST CONDITIONAL USE PERMIT CUP 10 -05
EAGLES 112 East Eighth Street: Request to allow the continuation of a social club
in the CSD Community Shopping District until September 30, 2012, to allow
completion of the construction of a permanent facility elsewhere.
Planning Manager Sue Roberds presented the Department Report recommending approval
of the extension request with conditions. Chair Reiss read the quasi judicial action
qualification information for the Commission and audience members. There were no
objections and so the Chair opened the public hearing.
Patti Morris, 301 Birdsong Lane represented the application. She understood the
Department Report conditions and said that the Eagles' new building is under construction in
the County and should be done before the requested September 30, 2012 extension date.
There should not be a need for further extension. Mrs. Morris said that it is not normal for
many Club members to be at the subject site until after 5 PM during the week, however,
some administrative staff may be there during the afternoon. The Eagles is a members only
club with very few members at this time; they have not heard of any complaints regarding the
past year's operation at the subject location. No changes are planned in Club activities at this
location.
In noting the new agreement with the property owner and neighboring business, Peninsula
Community Mental Health (PCMH), Chair Reiss asked if any parking conflict is perceived.
Mrs. Morris responded that she does not believe there will be any conflicts with the use of
Eagles designated parking during the day for PCMH given that most of the Eagles activities
occur after PCMH business hours. The Club is aware of the constraints of parking in the area
and of the neighborhood concerns.
Christina Williams, 111 E. 9 111 Street is a direct neighborhood south of the alley to the
subject property. She said that, for the most part, there have been no problems with the
Eagles use of the site. She asked that Club members be aware that they cannot use the alley
for parking and that Club members do not smoke in the area given the danger of fire.
In response to Chair Reiss, Mrs. Morris responded that no smoking can occur within the
Club structure and members do go outside to smoke but she believes they do not smoke in
the alley area. Club members will be mindful of the stated concerns and strive to be good
neighbors as well. She reiterated that she had not heard of any complaints that need to be
addressed in this matter. There being no further testimony, Chair Reiss closed the public
hearing.
Commissioner Miller moved to approve the extension request with 3 conditions, citing
the following findings and conclusions in support of the motion:
Conditions:
1. Conditional Use Permit CUP 10 -05 for the Fraternal Order of Eagles to conduct a
social club activity at 112 East 8 Street is hereby extended until September 30, 2012.
If further extension is desired beyond that time period, a request must be received by
Planning Canneission b-finutes
January 25, 2012
Page 4
the Community Economic Development Department prior to expiration of the
permit.
2. Adequate off street parking is critical to Club use. The joint use parking agreement
on file with Peninsula Community Mental Health shall remain active for the duration
of the extended occupancy. Club activities will be scheduled to ensure that activities
will not result in more parking demand than available off street parking can provide.
Club use between the hours of 10 AM and 5 PM M -F will be restricted to those uses
that will not impact established on street parking activities and at no time will parking
be allowed to intrude into nearby residential streets. The Club management have
stated that members shall be made aware of the importance of using available off
street parking.
3. Activities shall be restricted to Club member use. No outside bookings will be
scheduled.
Findings:
1. Conditional Use Permit CUP 10 -05 was approved for the Fraternal Order of Eagles
on December 8, 2010, to conduct an interim lodge /club use in the Community
Shopping District at 112 East 8 Street. A one year period was requested to allow a
site search and construction of a permanent structure. The CUP was approved until
December 8, 2011 with 6 conditions.
2. A letter was received from the Eagles on December 9, 2011 requesting extension of
the CUP until September 30, 2012, to allow for construction of a new site in another
arca of the County.
3. Per 17.96.050(A) and (B) PAMC, the Planning Commission shall consider
applications for conditional use permits as specified in the applicable Chapter of the
Zoning Regulations. The Planning Commission may grant said permits that are
consistent and compatible with the purpose of the zone in which the use is located,
consistent with the Comprehensive Plan, and not contrary to the public use and
interest. The Planning Commission may refuse to issue a conditional use permit if
the characteristics of the intended use as related to the specific proposed site are such
as would defeat the purpose of these Zoning Regulations by introducing
incompatible, detrimental, or hazardous conditions. In each application the Planning
Commission may impose whatever restrictions or conditions they consider essential
to protect the public health, safety, and welfare, and to prevent depreciation of
neighboring property.
4. A one year time period was initially approved due to the applicant's request and to
address concerns of the adjacent neighborhood regarding on street parking and
perceived club operation.
5. 17.96.070 (E) PAMC Extensions of Approved Conditional Use Permits
Extensions of approved conditional use permits shall be considered in accordance
with the same procedures as for the original permit application, and may be granted
for a period of one to five years, provided that the following minimum criteria are
met:
1. The use complies with the permit conditions.
Planning Cummisszcn ALtinules
January 25, 2012
Page 5
2. There have been no significant, adverse changes in circumstances.
Upon written request for an extension submitted to the Department of Community
and Economic Development prior to the expiration of the conditional use permit, said
conditional use permit shall be automatically extended for ninety days to allow the
City adequate time to review the extension request. Upon written request for an
extension submitted to the Department of Community and Economic Development
prior to the expiration of the conditional use permit, said conditional use permit shall
be automatically extended for ninety days to allow the City adequate time to review
the extension request.
6. Section 17.96.070 PAMC requires that notice of conditional use permit application
shall be given per Section 17.96.140 PAMC with a public hearing scheduled before
the Planning Commission. The Planning Commission's decision shall be final unless
appealed to the City Council within 14 -days of approval.
7. The site was posted for notice of land use action with notice sent to surrounding
property owners on December 23, 2011. Publication appeared in the Peninsula Daily
News on December 28, 2011. No written comments were received during the written
public comment period which expired on January 20, 2012. Staff has not been made
aware of any infractions of permit conditions during the past year of operation nor
have any Police reports been filed.
8. Section 17.01.020(J) PAMC defines the purpose and intent of the CSD Zone as a
commercial zone oriented primarily to those businesses serving the daily needs of the
surrounding residential neighborhoods but is slightly less restrictive than the CN
zone and as such provides a transition area from the most restrictive commercial
zones to those of lesser restrictions. Businesses in this zone may occur on sites of
varying sizes and shall be located at the intersections of arterial streets of sufficient
size to satisfy traffic demand and at the boundaries of neighborhoods so that more
than one neighborhood may be served..."
9. The Comprehensive Plan designates the site as Commercial being located in the
City's Central Planning Area. Development in neighboring areas is in conformance
with Comprehensive Plan designations and includes a wide variety of commercial
uses including business offices with single family residential development south of
the adjacent 8/9 alley.
10. The City's Comprehensive Plan was reviewed for consistency with the proposal.
Land Use Map Goal A, Policies 1 2 were found to be relevant to the proposal. The
club use is a more social use than those uses generally referred to in the text of the
Comprehensive Plan.
11. The specific site provides 14 improved off street parking spaces. A parking
agreement with the parent property owner, Peninsula Community Mental Health
provides an additional 50 off street parking spaces for use on the adjacent property on
weekdays after 5 PM M -F and all day Saturday and Sunday. Staff is not aware of any
parking concerns that have occurred during the past year of operation.
12. Previous testimony by Club membership indicated that larger club functions will be
scheduled during times when adequate off street parking is available to avoid
Planning Co, nussron Minutes
January 25, 2012
Page 6
conflicts with established neighborhood uses. Traditional uses such as bingo and
events open to the public are limited to accommodate parking restrictions of the
constrained location.
13. A betermination of NonSignificance was issued for the proposal on December 4,
2010. This satisfies the City's responsibility under the State Environmental Policy
Act (SEPA). Further SEPA review is not required as no changes are planned.
14. Staff review indicated that conditions of permit approval have been met and no
changes are proposed.
Conclusions:
A. The proposal is consistent with provisions of the Port Angeles Municipal Code,
specifically with the expectations of development identified for the Community
Shopping District (Section 17.22 PAMC) and with the procedures for processing
conditional use permits and extensions found in 17.96.070 (E) PAMC.
Q. The past year of operation has not resulted in conflict with any conditions of
approval. No change of use is planned. There have been no significant, adverse
changes in circumstances.
C. As conditioned, continued Club activities are supported by adequate on site parking
as is required by Section 14.40 (Parking) PAMC. Club membership is cognizant of
the need to restrict expanded Club activities to those times when off street parking
will not impact established business or residential neighborhood activities.
D. As conditioned, the use will not impact public health, safety, or welfare, and will not
result in a negative impact or depreciation of neighboring properties.
Commissioner Boyle seconded the motion that passed 6 0.
STAFF REPORTS
Associate Planner Johns said that the Shoreline Master Program draft is nearly ready for
Planning Commission discussion review. His past absence from the office caused a lengthy
delay in that draft preparation but he is confident that a draft will be available for
Commission review in March, 2012.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7: p.m.
Sue Robe
PREPARED BY: S. Roberds
Doc Reiss, Chair