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HomeMy WebLinkAboutMinutes 05/24/2000 . . . ~ORTANGELES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT AGENDA PLANNING COMMISSION 321 East Fifth Street May 24, 2000 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of May 10,2000. IV. CONTINUED PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (Highland LLC). 1702 Melody Circle: A proposal to establish a private chemical dependency treatment facility in an existing structure located within the RHD, Residential High Density zone. (Continued from May 10,2000.) 2. MUNICIPAL CODE AMENDMENT - MCA 00-02 - ADUL T ENTERT AINMENT BUSINESSES City wide: Consideration of adoption of regulations regarding adult entertainment business within the City limits. (Continued from April 26, 2000. Continue to June 14,2000.) V. PUBLIC HEARINGS: 1. COMPREHENSIVE PLAN AMENDMENT ~ CPA 00-01 - LUND. West of Race Street between Fifth and Seventh Streets: A proposal to change the designation of property from Low Density Residential (LDR) to Commercial (C). 2. COMPREHENSIVE PLAN AMENDMENT - CPA 00-02 - CITY OF PORT ANGELES: A proposal to amend the density for residential units in High Density Residential zones from a maximum of 43 units to a "density greater than 43 units per net acre." PLANNING COMMISSIONERS: Fred Hewins (Chair), Linda Nutter (Yice),Bob King, Fred Norton. Bob Philpott, Charles Schramm, Mary Craver PLANNING STAFF: Brad Collins (Planning Director), Sue Roberds (Planning Specialist) . . . 3. COMPREHENSIVE PLAN AMENDMENT - CPA 00-03 - MORNINGSIDE DEVELOPMENT. Lindberg Road/Golf Course Road: A proposal to change the designation of property from Low Density Residential (LDR) to High Density Residential (HDR). 4. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-09- CITY OF PORT ANGELES - Valley Creek Estuary Bridge: A proposal to construct a 40' long bridge over the mouth of the estuary in the Industrial Heavy zone. VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS 1. PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 316 North Albert: A request for reduction of required parking from 58 spaces to 29 spaces for a residential multi family development in the Commercial Arterial zone. (Referred from the City Council for possible reconsideration of new information.) VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSIONERS: Fred Hewins (Chair,), LindaNutter (Vice Chair);Bob King, Fred Norton, Bob Philpott, Charles Schramm, Mary Craver PLANNING STAFF: Brad Collins, Planning Director; David Sawyer, Senior Planner; Sue Roberds, Planning Specialist. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 24, 2000 7:00p.m. ROLLCALL Members Present: Linda Nutter, Fred Norton, Bob King, Mary Craver, Chuck Schramm Members Excused: (please Note: Fred Hewins and Bob Philpott arrived at 11 p.m.) Staff Present: Brad Collins, Sue Roberds, Dan McKeen) ~ ~ ---x 1'\ tL ~ Lorraine Ross, Lucienne Kirk, Claire Steinman, Dolores Dulaney, Betty Uhrich, Mary Schroeder, John Duyshart, Jerry Miller, Beryle and Gene Middleton, Patricia Walker, Mary Lou Paulson, Katherine Burgess, Barbara Thompsen, Chuck Paulson, Einar and Carroll Reid, Allen and Caroline Collins, Dave Flodstrom, Chris Brotherton, Joel Miller, Bob Martin, Allan Harrison, Jodi O'neal, Florence Humpal, Chuck Mullin, Tad Price, Don Dunsdon, David Neupert, H. Brisbin, Craig Miller, Heather and Art Wilmot, S. Kimbrough, Landon Kimbrough, Ken Sweeney, Tim German, Olive Brooks, Virginia McFrederick, Steve Sanderson, Robert and Deanna Martin Public Present: APPROV AL OF MINUTES Having announced Appearance of Fairness issues at previous meetings regarding the Highland Courte Conditional Use Pennit, Chair Hewins and Commissioner Philpott were absent from roll call and did not enter the building until following the conclusion of the agenda item at 11 :00 p.m. Commissioner King moved to approve the May 10, 2000, meeting minutes as amended by Commissioner Craver with a correction on page 5, second paragraph, second sentence "Without the ability for criminal background checks, how can neighbors be assured that this type of patient will not enter the facility?" The motion was seconded by Commissioner Craver and passed 5-0. Vice Chair Nutter noted that the City Attorney asked for an Executive Session to discuss potential litigation for a ten minute period. The Commissioners left the room. Planning Director Collins returned after a ten minute period to announce the Commission would be an additional five minutes. The Commissioners returned to the room at 7:20 p.m. Planning Uimmission Meeting - May U. zaao Page 2 . CONTINUED PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (Highland LLC), 1702 Melody Circle: A proposal to establish a private chemical dependency treatment facility in an existing structure located within the RHD, Residential High Density zone. (Continued from May 10,2000.) Vice Chair Nutter opened the meeting and asked for a staff report. Planning Director Collins presented a staff report recommending approval of the conditional use permit subject to thirteen conditions. There is agreement with the applicants that the proposed conditions are appropriate and enforceable. The thirteen conditions of approval are intended to mitigate concerns raised in public testimony and previous staff reports. Staff confirmed that the letter written by the Department of Social and Health Services received from Mr. Steve Sanderson at the May 10,2000, meeting is a bonafide letter. Only the inside address had been deleted to protect confidentiality. . Staff has determined since the May 10 public hearing that it is relatively easy to access criminal background information through the Washington State Patrol WATCH 0N ashington Access To Criminal History) computer system; however, only Washington State residents' histories may be accessed. The Americans With Disabilities Act (ADA) recognizes people with chemical dependency as a protected class of citizens who have rights for social services which are necessary for their particular needs. This includes services that are provided in an inpatient residential setting unless there is specific, well documented evidence of significant adverse impacts that cannot be mitigated. The City's Comprehensive Plan policies support the provision of social services in residential neighborhoods in a manner that maintains the character of the immediate neighborhood. Mr. Collins indicated that three letters had been received following the May 10, 2000, meeting which were not transmitted to the Planning Commission as the public hearing for general testimony was closed following the May 10, public hearing. Only further testimony specific to the proposed conditions of approval would be permitted following that meeting. An explanation ofthe conditional use permit category "Social service agencies providing 24- hour residential care" was given. The category was established to allow Serenity House, a social service agency, to establish a facility to provide shelter for the homeless. At issue is the distinction between a social service agency providing residential services, which is a residential use such as a group home, and one providing social services, which is a non- residential use such as a chemical dependency treatment center. The staff recommendation is based on legal advice that the City cannot draw this distinction. It was noted that conditions were modified or added in response to public comments about requiring criminal background checks and about enforcing the conditions. . Planning Commission Meeting - May 24, 2000 Page 3 . Commissioner Norton questioned the term "scholarship" as used to describe a program proposed by the applicant to allow those in the community who might not otherwise be able to participate to afford treatment. He asked about screening for coexisting disorders and how compliance with the conditions could be verified. Commissioner Schramm asked staff if the proposal in any way conflicts with the planned residential development (PRD) approval issued for the initial Highland Communities development of which the property is a part Mr. Collins responded that the recreational amenities developed as part of the PRD must not be compromised by the proposal. Those recreational amenities must remain open and available to the public and to the residents of the area, particularly Highland Communities. Commissioner Schramm asked how the proponents could then guarantee that visitors to the treatment center won't also be availing themselves of the recreational amenities at any time. Mr. Collins stated that the responsibility for such a violation would be with treatment center staff, who would be responsible for enforcement of visitor rules. If violations are reported to City staff, appropriate action will be taken. . Commissioner Schramm questioned staffs interpretation of the City's Parking Ordinance requirements that would require only 17 parking spaces for the proposed 50 patient treatment center. Testimony was received that parking in the area of the senior apartments is maxed out He noted that a medical facility is required to provide one (1) off-street parking space for each bed plus parking spaces for staff and visitors. There are only 29 spaces available on the subject site; however the applicant did not address parking issues or ask for a parking variance based on the policy that patients would be discouraged to drive to the facility on their own. Mr. Collins answered that the treatment center's requirement for off- street parking has been interpreted to be the the same as that of the previous Alzheimer's facility, which was likened to a nursing home, and provided 17 spaces, or 1 space for each 3 beds. City Attorney Craig Knutson responded to Commissioner Craver's inquiry as to how the Americans With Disabilities Act (ADA) court decisions relate to the proposal. He stated that the ADA does apply to persons with substance abuse problems. They are considered to be a protected class of people under federal law, and a number of court decisions have dealt with that issue in the land use permitting context. The courts are indicating that in order to condition or deny a proposal for a facility that is designed to serve controlled substance abusers, decision makers have to make sure that decisions are based on documented evidence that is substantiated in the record of actual impacts. In developing conditions, staff tried to establish conditions based on either evidence in the record or on agreements that the applicants have made so those conditions will be supportable under the ADA. Specifically with regard to issues such as public safety and decline in property values, court cases have stated that perceived impacts are not supportable. Specific evidence needs to be in the record that those impacts will occur. . Commissioner Schramm repeated that the proposed facility may best be compared to a medical facility rather than a nursing home for parking purposes. Furthermore, as this is a new use in an existing structure where additional parking may be required, it would seem the parking issue should be analyzed prior to any decision on the proposed use. Mr. Collins agreed that the Alzheimer's use was determined to be similar to a residential use. The Planning Commission Meeting - May 24, 2000 Page 4 . proposed use is not an identified use in the Parking Ordinance and so must be likened to one that is. Mr. Schramm noted that people confined to a nursing home are probably not going to be driving, where those who have a chemical dependency problem probably are drivers and may even drive themselves to the facility. Commissioner Nutter asked if employee parking is factored into the 17 spaces required for the center. Mr. Collins answered that nursing home parking requirements don't factor in employee parking because it is believed that patients don't drive. Commissioner Schramm suggested that a condition that patients may not drive to the facility might be appropriate. Vice Chair Nutter opened the continued public hearing by encouraging all those present to sign in so they can be recognized. She stated that persons who intend to provide testimony must sign in and acknowledge that their testimony is truthful to the best of their knowledge Additionally, testimony must be limited specifically to the conditions proposed for approval of the conditional use permit, the Sanderson letter from the Department of Social and Health Services, or the letter from Mrs. Mardel Xavier in regard to the proposed conditions. . Craig Miller, 230 East Fifth Street, attorney for the applicant, was prepared to answer questions on behalf of the applicants. He stated that his clients are in agreement with staffs report and recommendations. In addition to the provisions of the ADA, the project falls within the provisions of the Fair Housing Act (FHA) which deals with discrimination in housing similarly to the ADA. It is the applicant's determination to abide by the conditions as proposed. The applicants are subject to the obligations of the ADA to the extent that they cannot discriminate in how service is provided to patients. Condition No.5 was originally written such that a criminal background check will be obtained as soon as practicable. The wording as amended by staff indicates that a criminal background check will be conducted under the State Patrol WATCH program prior to admission of patients. The wording ties the center into a specific program that may be phased out or lose funding. Furthermore, the management is concerned that when patients present themselves for treatment it is often critical that they be admitted promptly and not forced to wait for lengthy criminal background checks to be completed. It is quite possible that hold ups could occur within the WATCH program due to backlogs, lack of funding, internet problems, etc. The applicant will agree to the proposed wording of Condition No. S with the understanding that they are agreeing to a service that remains functional. Mr. Miller does not believe the parking concerns expressed by Commissioner Schramm or previous speakers is really valid as the City's Parking Ordinance has been reviewed by staff and it has been determined that the existing off-street parking spaces are adequate for the proposed use. . In response to Commissioner Nutter, Deputy Police Chief Tom Riepe indicated that the WATCH pro gram, through the Washington State Patrol, can onl y access state residents' files. Out-of-state patients would have to be researched through the Federal Bureau of Investigation (FBI) which could take a couple of weeks. Planning Commission Meeting - May U. 2000 Page 5 . With regard to Condition No.9, Commissioner Schramm asked Mr. Miller if a patient who decides to leave could be detained? Mr. Miller answered that all measures would be taken to encourage such a patient to remain in the facility but in reality, no physical force could be used to detain such a person. Mr. Schramm noted that to ensure a patient is not easily enabled to leave, whenever they so choose, a condition could be worded such that patient vehicles may not remain at the facility. Lengthy discussion began regarding security and the restriction of visitors to weekends between 8 a.m. and 6 p.m. as identified in Condition No.7. The issue of use ofthe common recreation area that joins the entire residential development including the subject site was discussed. Although visitors will be prescreened and strictly informed as to permissible visiting hours, it is possible that unauthorized situations will occur. Visitors will not be admitted into the facility outside of authorized hours for visitation; however, it was agreed that is would be no control outside of the facility. Commissioner Nutter noted that residents of the Alzheimer's use were provided opportunities for exercise within the facility. She asked ifit would be a problem to restrict patients from recreating outside of the facility. Mr. Miller responded that it would not be a problem; however, if a particular patient is under undue stress and absolutely has to go outside, it could be permitted on a one to one basis with an able staff member. This situation will not be encouraged unless completely unavoidable for required treatment. . Commissioner Nutter stated that it would be desirable to be more specific in the formation of rules regarding the reporting and meeting schedule for the proposed advisory board. How often the board meets and a requirement that a report from the board be included in the center's semi-annual report to the Planning Department would be improved measures. . In response to Commissioner Norton, Mr. Miller stated that the proposed advisory board would be advisory not supervisory. The board members could provide any information they feel is appropriate. The semi-annual report will include information on number of patients admitted, a description of the fact that background checks had been performed, and the number of patients denied treatment as a result of those checks. Additionally, statements as to how many patients voluntarily left the facility, where they were transported to and when, how many patients were residents of Port Angeles, how many scholarships had been used, and verification that no minor persons had been admitted would be included in the reports. Noncompliance issues would be identified and measures to prevent such occurrences. The reports will be reasonably detailed to determine compliance with the conditions of approval. . Robert Martin, P.O. Box 1934, Port Angeles, WA responded to questions regarding policy and procedures. He responded to the question previously posed by commissioners that patients should be discouraged from bringing vehicles to the center. In the event that anyone does bring a vehicle to the site, the vehicle would be locked, and the keys surrendered to a staff member. Additionally, patients would be asked to contact a friend to remove the vehicle from the site for the duration of treatment. Commissioner Schramm stressed that his concern is that having a vehicle on site makes it much easier for a patient to feel that they have the ability to leave or to store items in the vehicle that prevent effective treatment. Planning O1mmission Meeting. May 24, 2000 Page 6 . Additionally, someone who is out of control emotionally and intent on leaving the center may leave in an erratic manner that causes harm to an innocent neighborhood resident based on the patient's chemical dependency. Everything must be done to limit the possibility of an innocent person being affected by the center's presence in the neighborhood. He strongly recommended that patient vehicles not be permitted to remain on-site. Mr. Martin provided a lengthy explanation of the measures that would be used to convince a patient not to leave the treatment facility but to complete treatment. He has personally been very successful in talking patients out of leaving centers where he has worked and intends to train his staff in a likewise manner. Center staff are not legally able to detain individuals who are determined to leave. In response to Commissioner Norton, Mr. Martin stressed that the management intends to provide opportunities for local residents to obtain treatment through a scholarship or financial aid program. The management will endeavor to be creative in providing opportunities for financial assistance to local residents by absorbing some ofthe costs. Mr. Martin responded to Commissioner Nutter that their service includes picking people up from airports or bus stations. She asked what is determined by the "Port Angeles" area? Mr. Martin noted that he would consider the area to be the Olympic Peninsula area. . The proposed patient capacity has been reduced from 50 to 48 patients for per licensing requirements. A total of five direct patient counselors will be on site from 8 a.m. to 5 p.m. Non-licensed manager staffwill be on duty at night. One medical director will be on staff and will visit once a week. Licensed professional staff will not be on duty after 5 p.m.; however, all staff will be continually trained in the treatment they administer. Regarding Condition No. 13, Commissioner Nutter asked why semi-annual verification will only be for three years. She suggested that the verification be extended in perpetuity for the life of the use. Mr. Martin responded that internal physical incidents will be immediately reported to the Police Department as there is a zero tolerance policy for such activity. In response to Commissioner Craver, Mr. Martin answered that the facility will be licensed by the .Washington State Department of Health with licensure for the treatment program under the Department of Alcohol and Substance Abuse (ASA). [The Commission took a 10 minute break at 8:20 p.m. The meeting reconvened at 8:30 p.m.] . Allan Harrison, 1834 E. Lauridsen Boulevard, cited from a court case referenced by Mr. Craig Miller at the May 10 meeting regarding a similar proposal in another community. He stated his beliefthat the court cases cited by Mr. Miller in support of the current proposal is not pertinent to the current issue as they are not that similar. There would not be a need for so many conditions if the use were appropriate for the senior neighborhood. Vice Chair Nutter reminded Mr. Harrison that only testimony regarding the proposed conditions of approval may be discussed at this time. Mr. Harrison answered that the applicant's counsel indicated the two particular court cases didn't allow the Commission to act on the feelings Plrrnning Commission Meeting - May 24, 2000 Page 7 . of residents but only on specific facts. He did not believe the cited cases were similar to the current proposal and therefore the attorney's direction may be flawed. Jerry Miller, 1703 Melody Circle, #211, noted that juvenile records may not be obtained in criminal background checks. With regard to Condition No. 13, visitors have cars. There is a very tight parking problem at the Highland Commons apartments now. Up to 50 cars could be on the site during a weekend if visitors drive to the facility not counting employees. Visitors and employees will not be allowed to park in the Highland apartment parking lots. The streets will be overloaded and the calm, retirement nature of the area will be very negatively impacted. Lucienne Kirk, 1703 Melody Circle, expressed concern on the issue of patient vehicle parking. She does not believe patients should be allowed to leave their vehicles in the center parking area as duplicate keys are not uncommonly hidden in vehicles and access won't be that difficult. She agreed with Commissioner Schramm's earlier concerns and was gravely concerned for the safety of handicapped and elderly residents who may not be able to get out of the way of an angry patient wishing to leave the center site. She thanked the Commission for their attention to the matter. . Joel Miller, 46 Fairburn Road, Montesano, WA representing his mother, Marcella Miller, 719 Currier Court, believes the current conditions are largely unenforceable and the report from the Department of Social and Health Services does not put the past management procedures of the parent company's Alzheimer facility operations in good light. He asked that the Commission carefully review the conditions of approval and put some enforcement measures in them. Don Dundon, 701 Currier Court, didn't agree with the applicant's assurance that parking is adequate. People will be at high risk due to excess traffic and due to the mental stress of the people being treated at the facility who may be in a hurry to leave. The senior nature of the neighborhood is well established and was a promise of the developers who sold the properties, and a requirement for those living there. When the facility is short of patients, management will look further than the local area for patients, even out of state. There is no way that Condition No.5 can be monitored. People will be hurt. Al Collins, 1813 East Lauridsen Boulevard, noted that by the applicant's own admission, Conditions Nos. 2, 5, 7, 8, and 9 cannot or may not be met. He urged the Commission to make the conditions enforceable. . Patricia Walker, 1815 East Third Street, asked what enforcement means will be imposed? With regard to Condition No. 10, what is a reasonable number of patients from the Port Angeles community? The number of adults within the City of Port Angeles and Clallam County with a current need for chemical treatment of the kind proposed by the Highland Courte facility under the conditions set forth in the Planning Department's staff report can be estimated for the year 2000 as 63 for the City of Port Angeles alone and 221 for Clallam County. New needs per year are 0.5 for Port Angeles and 2.5 for the county. This . . . Planning Commission Minutes Page 8 infonnation indicates that patients will need to be brought from areas well out ofthe Port Angeles/Clallam County/Olympic Peninsula area. Scholarships will not help as they will only add about 30 patients to the initial base number. There being no further testimony, Vice Chair closed the public hearing. Commissioner Schramm asked the City Attorney ifthere was anything discussed that would change staffs recommendation or require further review before proceeding City Attorney Knutson responded that some comments from speakers were related to the proposed conditions and that ifthe Commission feels it appropriate, the conditions may be revised. The proposed conditions are not the only conditions that could be imposed. They could be improved upon. In response to previous questions regarding enforcement where violations are reported, Mr. Knutson explained the procedure for enforcement through the City Attorney's Office or Police Department. Per the Commission's Bylaws, Commissioner Norton moved to continue with the agenda as the time was beyond 10 p.m. The motion was seconded by Commissioner Craver and passed 5 - O. The Planning Commission began an extensive review of the proposed conditions of approval. The conditions were analyzed one by one with regard to enforceability and testimony that had been received. Following the lengthy discussion, which included the City Attorney and Planning Director, and given the extent of the revisions to the proposed conditions. Commissioner Schramm moved to continue action to a special meeting of the Commission on May 31, 2000, 7.p.m., City Council Chambers. The Commission directed staff to revise the conditions per the Commission's discussion and return with those conditions at the May 31 meeting. The motion was seconded by Commissioner Norton and passed 5 - O. It was specifically stated that there would be no more public input. Mr. Collins noted that the Commissioners could still ask direct questions of those ill the audience. Commissioner Schramm asked City Attorney Knutson to review the Planning Department's parking interpretation for the use. The Commission took a break at 10:50 p.m. The meeting reconvened at 11 :00 p.m. Chair Hewins and Commissioner Philpott joined the meeting. PUBLIC HEARINGS: MUNICIPAL CODE AMENDMENT MCA 00-02 ADULT ENTERTAINMENT BUSINESSES City wide: Consideration of adoption of regulations regarding adult entertainment business within the City limits. (Continued from April 26, 2000.) Planning Commission Minules Page 9 . Chair Hewins opened the public hearing. There being no public to testify and given that staff had asked the issue be continued to June 14, Commissioner Nutter moved to continue the hearing to the June 14, 2000, regular meeting. The motion was seconded by Commissioner Norton and passed unanimously. COMPREHENSIVE PLAN AMENDMENT - CPA OO-OJ ~ LUND, West of Race Street between Fifth and Seventh Streets: A proposal to change the designation of property from Low Density Residential (LDR) to Commercial (C). COMPREHENSIVE PLAN AMENDMENT - CPA 00-02 - CITY OF PORT ANGELES: A proposal to amend the density for residential units in High Density Residential zones from a maximum of 43 units to a "density greater than 43 units per net acre." COMPREHENSIVE PLAN AMENDMENT - CPA 00-03 - MORNINGVIEW DEVELOPMENT. Lindberg Road/Golf Course Road: A proposal to change the designation of property from Low Density Residential (LDR) to High Density Residential (HDR). . Staff indicated that due to the complexity of the evening's first agenda item it was anticipated that these issues would be continued to a special meeting scheduled for May 31, 2000. Chair Hewins opened the public hearing. Commissioner Nutter moved to continue CPA 00-01, CPA 00-02, and CPA 00-03 to a special meeting on May 31, 2000, 7.p.m. City Council Chambers. The motion was seconded by Commissioner Craver and passed unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-09 - CITY OF PORT ANGELES - Valley Creek Estuary Bridge: A proposal to construct a 401 long bridge over the mouth of the estuary in the Industrial Heavy zone. Staff stated that the State Environmental Policy Act (SEP A) review on this issue will take a few more days to complete as the application is subject to an outside agency's (Washington Department of Fish and Wildlife) hydraulic permit. The applicant has agreed to a continuation to June 14. Chair Hewins opened the public hearing. Commissioner Nutter moved to continue the public hearing to June 14,2000. The motion was seconded by Commissioner Craver and passed unanimously. . COMMUNICATIONS FROM THE PUBLIC None. Planning Commission Minutes Page 10 . STAFF REPORTS PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 316 North Albert: A request for reduction of required parking from 58 spaces to 29 spaces for a residential multi family development in the Commercial Arterial zone. (Referred from the City Council for possible reconsideration of new information.) Director Collins explained that, following the Planning Commission's decision to deny the parking variance application on May 10, 2000, the applicants exercised their right to appeal to the City Council. At the City Council's May 16, 2000, meeting, the applicant's legal representative Dave Neupert stated that additional effort had been put toward meeting the Planning Commission's original concerns. The Council referred the item to the Commission for analysis of the new information. Mr. Collins asked if the Commission wished to discuss the matter with the applicant at this time. Staff does not believe a public hearing is necessary for the requested reconsideration as no public was in attendance at the three prior meetings and the information is to address the Commission's previously stated concerns. . In addressing whether or not a public hearing is required for consideration of the new proposal, City Attorney Knutson stated that it is not necessary to conduct another public hearing to consider the applicant's additional information. Staffs recommendation is that the revised information be considered and a decision forwarded to the City Council per their request. A member ofthe audience Lorraine Ross, 418 East Front Street, stated that she was involved with the development of the senior apartments at the corner of SthlPeabody and 2ndIPeabody and she remembered that a parking reduction to one half space per unit was permitted. Commissioner Schramm did not believe the revised information should be further reviewed without a public hearing particularly given the fact that the public is obviously interested in the project as shown by Ms. Ross' presence. A public hearing should be conducted. The Commissioners discussed the applicant's letter of appeal to the City Council and expressed their dismay as to the statements made in reference to unfairness by the Planning Commission during the public hearing. Attorney Knutson noted that at Council's May 16, 2000, on the applicant's appeal, staff suggested that the applicant's new information be referred to the Planning Commission as a courtesy. The City Council did not send the information back to the Commission for any other reason. . In response to Chair Hewins, David Neupert, 403 Peabody Street, stated that although he was not involved in the previous hearings nor in preparation of the letter of appeal to the City Council, he is currently representing the applicant in presenting refined information to the City in an effort to obtain the needed reduction ofrequired parking for the condominiums. . .~ .; Planning Commission Minutes Page I I The Royal Manor Condominium Association has voted in a perpetual requirement that adequate parking consistent with the staffs recommendation and the Planning Commission's previously stated concerns shall be provided. He asked to present a site plan to show that the site will have 28 rather than the origina127 spaces on-site undercover. The number of units will be reduced from 29 to 28 which will equal one space per unit. Per ADA requirements, two of the reserve spaces will be for disabled parking. One disabled visitor space will be provided as well as a designated loading zone. A signed lease with the property owner, Pettit Oil, rather than the business owner, Bob Lovell, has been obtained for a month to month lease of two off-site parking spaces across Albert Street for use by the occupants of the condominiums. The bylaws have been amended to include an on-demand shuttle service for use of the residents as well. Commissioner King moved to reconsider the issue given the new information. The motion was seconded by Commissioner Norton and passed 4 - 3 with Commissioners Hewins, Nutter, Schramm voting in the negative. (It was later clarified that Mr. King's motion was to simply reconsider.) Commissioner Norton moved to consider the application through the public hearing process. The motion was seconded by Commissioner Schramm and passed 6 - 1 with Commissioner Craver voting in the negative. Commissioner Craver commented that to continue consideration of the matter until the June 14 meeting only further delays this project and the applicant has apparently gone to some lengths to address the earlier stated concerns. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 12:01 a.m. k~ Fred Hewins, Chair ~~ Tad Collins, Secretary PREPARED BY: S. Roberds . . . ATTACHMENT A Page 1 of 8 Findings and Conclusions for approval of CUP 00-03 Conditions 1. The particular use being conditionally permitted is Highland Courte, a private inpatient chemical dependency treatment center. 2. The chemical dependency treatment center services shall not include detoxification. 3. Patients must voluntarily apply for admission and shall not have been ordered by a court to any type of "locked down" treatment. 4. The treatment center shall serve only adult patients. 5. The treatment center shall only admit patients who swear by written affidavit that they have not been convicted of a violent, sexual, or felony property crime. The treatment center shall verify this information by obtaining a criminal background check as soon as practicable, including performing a Washington Access To Criminal History background check with the Washington State Patrol's WATCH web site, or a similar background check according to the state in which the applicant resides, before admitting any patient. Applicants who have been convicted of a violent, sexual, or felony property crime shall not be admitted or shall not receive further treatment. 6. The treatment center shall not admit persons with coexisting mental health and chemical dependency diagnoses in accordance with the Diagnostic Statistical Manual, DSM IV. 7. Visitors will be allowed only inside the facility and only on the weekends from 8 am to 6 pm. 8. A patient will not be allowed outside the facility without being in the company of a staff member in a one-to-one ratio of patients and staff members, except as may be necessary in the event of an emergency. 9. Because admission is only voluntary and a patient may choose to leave the program prior to completion, individuals who do not successfully complete the treatment program shall be either driven by a staff member to the airport or downtown bus transfer station or picked up by an adult family member or other responsible party. 10. Patients will be brought to and picked up from the treatment center and will not drive to and park a vehicle at the treatment center. . . . ATTACHMENT A Page 2 of 8 11. The treatment center will use its best efforts to ensure that at least 5% of the patients shall be residents of the Port Angeles (Zip Code) area, including making financial aid available for local residents. 12. Highland Courte shall receive advice and community input from an advisory board comprised of the Executive Director and a group of volunteer community members, including volunteers invited from the surrounding residential neighborhood. 13. Highland Courte shall not seek additional licensing of other treatment authorities without applying for and obtaining City approval. 14. Highland Courte will provide semi-annual verification of compliance with these conditions in the form of a written report to the Planning Department and Planning Commission. The semi-annual report will also include a written report from the advisory board and a list of treatment center violations reported to or by State agencies. 15. All suspected incidents of criminal conduct will be promptly reported to the Port Angeles Police Department, and treatment center staff will cooperate with the responding police officers by giving written statements and as otherwise requested. Findings The following findings are based on the information provided in the April 12, May 10, May 24, and May 31, 2000, Staff Reports for CUP 00-03, including all of the attachments. Consideration was also given to the comments and information presented during the April 12, May 10. and May 24, 2000, public hearings, and the Planning Commission's discussion and deliberation. Consequently, the City of Port Angeles Planning Commission hereby finds: 1. The applicant, Highland Courte - Tim German, applied for a conditional use permit to establish a private chemical dependency treatment facility in the RHD zone. The application and supplemental information are identified as Attachment 8 to the April 12, 2000, Staff Report and Attachment 82 to the May 10, 2000, Staff Report for CUP 00-03; 2. The applicant describes the facility as providing professional and affordable treatment services for up to 50 men and women based on the "12 Step Recovery Minnesota Model." Treatment will consist of group. individual, and family therapy and includes lectures. video presentations and professional guided group therapy. 3. Although the application also included "mental health triage and stabilization services," the applicant has stated these services are no longer part of the application. . . . ATTACHMENT A Page 3 of 8 4. The project site is located at 1704 Melody Circle. 5. The 2~ acre site is located in an existing residential district with a mixture of single family homes, multi-family apartments, and senior housing. 6. The existing building and grounds were constructed and opened in 1999 as a 42 unit assisted living facility for residents with Alzheimer's disease. A CUP (CUP 97- 13) was approved for the Alzheimer's use in 1997. 7. The proposed facility will be managed by Northwest Care Services, the same company that managed the previous Alzheimer's use at the site. o 8. The facility will be a private pay facility and will not be affiliated with any government agency. 9. A "medical director" will oversee the facility and staff of 30 employees. 10. There will be no doctors or nurses on staff, the staff will be trained professionals who will work under the supervision of a licensed medical doctor. The doctor will visit the facility once a week and be on call for the balance of time. 11. The average length of stay for a patient will be 21 to 28 days. 12. The services will not include detoxification. 13. Patients must voluntarily apply for admission and shall not have been ordered by a court to any type of "locked down" treatment. 14. Visitors will be only inside the facility and only on the weekends from 8 am to 6 pm. 15. Patients will not be allowed outside the facility without being in the company of a staff member in a one-to-one ratio of patients and staff members, except as may be necessary in the event of an emergency. 16. The facility's grounds include two yard areas for recreational purposes secured by six foot high fences. 17. Completion of the program may satisfy a court order for treatment, but the program shall exclude those persons ordered to any type of "locked down" treatment. 18. A patient may choose to leave the program prior to its completion but may not leave the facility on his or her own. 19. The City's Police Department reviewed the proposed project and made comments in memos dated April 5, 2000, and identified as Attachment C to . 20. 21. 22. ATTACHMENT A Page 4 of 8 the April 12, 2000, Staff Report and dated May 3, 2000, and identified as Attachment C2 to the May 10, 2000, Staff report for CUP 00-03. The Police Department contacted local law enforcement officials related to similar facilities located in the Cities of Mountlake Terrace, Kelso, Aberdeen, YakimaNakima County, Monroe, Kirkland/King County, Olalla/Kitsap County, and Lacey Washington. The Police Department memos expressed reservations about public safety impacts experienced in other communities occurring with the proposed inpatient chemical dependency treatment center at this location in a residential area, and these reservations have led to the development of several conditions for approval regarding admission restrictions. Section 17.08.020(E) of the Port Angeles Municipal Code states: the definition of a Conditional Use Permit is "a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by the Zoning regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest." 23. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose of a CUP is to 'iassure that the maximum degree of compatibility between uses shall be attained;" CUPs may be granted for projects that i'are consistent and compatible with the purpose of the zone. . " consistent with the Comprehensive Plan, and not contrary to the public use and interest;" and a CUP may be denied if the proposal would "defeat the purpose of the Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions." . 24. The definition of social services in the Comprehensive Plan states, "Social services means those services necessary to support life and health, such as food banks, hospices, home health, congregate care, and day care services." 25. The site's Comprehensive Plan designation is High Density Residential [HDR]. This designation is "intended for areas where a higher concentration of residents is compatible with the surrounding area and uses. Condominiums, apartments, and planned residential developments are the types of building designs appropriate for this category." 26. The City's Comprehensive Plan's Land Use Element Goal C and Policy C1 establish the district and neighborhood concept for residential land use planning in the City and Utilities and Public Services Element Goal A and . . . . ATTACHMENT A Page 5 of 8 Policy A3 provide or allow the opportunity for social services for citizens with special needs. These goals and policies are listed in Attachment 03 to the May 24, 2000, Staff Report for CUP 00-03. 27. Policy C1 states 't,4lthough such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. " 28. Utilities and Public Services Element Goal A states, 'To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics, needs, and interests. 29. Utilities and Public Services Element Policy A3 states, "Social services providing home care should be located in residential neighborhoods in a manner that maintains the character of the immediate neighborhood." 30. The Americans with Disabilities Act recognizes people with chemical dependency as a protected class of citizens who have rights for social services which are necessary for their particular needs. This would include services which are provided in an inpatient residential setting, unless there is specific, well-documented evidence of significant adverse impacts that cannot be mitigated. 31. The applicant applied for a CUP based on the use as a private hospital. Upon review of the application, including supplemental information provided by the applicant, staff does not feel this use qualifies as a "hospital" use which "specializes in giving clinical, temporary and emergency services of a medical or surgical nature. " 32. The proposed use is located in an established residential district and multi- family/senior housing neighborhood. It is in close proximity to existing single-family neighborhoods to the northeast and southeast. 33. The purpose of the RHO zone states "Compatible land uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible." 34. The City's State Environmental Policy Act Responsible Official issued a Determination of Non-Significance for the project on April 7, 2000. . . . ATTACHMENT A Page 6 of 8 35. Following the optional DNS process (WAC 197-11-355), the City expected to issue a DNS for the Highland Courte CUP 00-03. Subsequent comments by the Port Angeles Police Department identified adverse secondary effects that occurred for similar developments in Mountlake Terrace and Kelso, Washington. Based on these comments, the SEPA Responsible Official reconsidered the threshold determination and concluded that such adverse impacts, even if found to be significant, could be conditioned or the proposal denied based on the City's Comprehensive Plan and Zoning Code through the conditional use permit process and under the SEPA substantive authority in WAC 197-11- 660(1 )(a). 36. 45 letters of comment requesting denial of the CUP were received from the public regarding this application, and a petition with 40 signatures opposing the project was submitted to the Planning Department. Concerns expressed in the letters include fears of increased crime and potential impacts on personal safety and property, increased traffic, decreased property values, and the overall incompatibility of the proposed use and the existing residences. The letters of comment are included in Attachment E to the April 12, 2000, Staff Report, Attachment E2 to the May 10, 2000, Staff Report, and two additional letters provided with the May 24,2000, Staff Report for CUP 00-03. 37. The public comment period ran from March 22, 2000 to April 6, 2000. 38. The facility will require 17 parking spaces; 29 spaces are provided on site. 39. The applicant has reported that there are 3,901 Clallam County adults who are in need of chemical dependency treatment. 40. The applicant's representatives and legal counsel have met with the City Attorney and Planning Director to review and revise the proposed conditions, and there is agreement that the proposed conditions are appropriate and enforceable, except for Condition NO.5. 41. The applicant is proposing to accept certain conditions for permitting a private intensive inpatient chemical dependency treatment center in a residential area. 42. The applicant's representative testified that the admission policies will discourage patients from driving themselves to the treatment center and parking their vehicles on-site. Conclusions The following conclusions are based on the information provided in the April 12, May 10, May 24, and May 31,2000, Staff Reports for CUP 00-03, including all of the attachments. Consideration was also given to the comments and information . . . ATTACHMENT A Page 7 of 8 presented during the April 12, May 10, and May 24, 2000, public hearings, and the Planning Commission's discussion and deliberation. Consequently, the City of Port Angeles Planning Commission hereby concludes: A. The proposed project is eligible for a CUP in the RHO zone as a ('social service agency providing 24-hour residential care." B. The definition of "social services" in the Comprehensive Plan is broad enough to encompass both residential and nonresidential life and health services, including chemical dependency treatment in a residential care facility. C. The City's Comprehensive Plan policies support the provision of social services in residential neighborhoods in a manner that maintains the character of the immediate neighborhood. D. As conditioned, the chemical dependency treatment center is .subordinate to the surrounding residential district and may be found to serve the neighboring residents and to be compatible with the surrounding residential land uses. E. The proposed use with adequate controls is compatible with the adjacent land uses, and CUP approval is specifically limited to this particular use as conditioned (any new or expanded uses including additional services and other admission criteria will require a new CUP approval). F. With adequate controls, the proposed use can meet the daily needs of the neighboring residents and is consistent with the intent the RHD zone and the City's Comprehensive Plan Land Use Element Goal C and Policy C1. G. The fifteen conditions mitigate concerns raised in the various staff reports and by neighboring residents. H. Although this is a nonresidential use providing primarily social services not residential services, the inpatient chemical dependency treatment center does provide this social service care in a 24-hour residential setting. I. The facility is the same as it was when designed and used as an Alzheimer's care center and physically does not change the established character of the immediate multi-family neighborhood. J. The evidence of increased public safety risks have been adequately addressed by the conditions which restrict admissions to those patients with low risk characteristics similar to the general population of the community. . . . K. 052400 ATTACHMENT A Page 8 of 8 The parking provided on-site will not accommodate patients' vehicles, and it is not desirable to aid unsuccessful patients leaving the program in contra-diction to Condition NO.9 by allowing their vehicles to be parked on-site. CITY 0 F ~ORTANGEL.ES @ \ WAS H I N G TON, U. $. A. PLEASB SIG~IN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET Meeting Agenda of: . -?" -C:;Y-r} 0 PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testi11Wny given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below does not REQUIRE you to testify - it only acknowledges your presence. .-, ',':-- ,-,:,':~:').'\;~~rJ~";r:~'r~:,.":~:: ' 870 ,;),0 3.JK bJ. Is f S-/.. o~ N. /)... 7\ -l -,. ~ORTANGEL.ES WAS H I N G TON, U. S. A. 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PLEASB SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET Meeting Agenda of: I. -:;; - - d- Y -0 6 PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below does not REQUIRE you to testify - it only acknowledges your presence. ,.._. ____ 'P ._','oc.. _.._ ",. ".',' .._.c-......" C,_ , , ' - . ~-"- ~ ,: ~.'c"'-~ -" "', .-., . l&~~~~i~~;;~? .~.:~.....~::;:.. xce. mda1t~mNo!...,;:.. -iiI ~. g.. i. ' foc~' " · FORTANGELES WAS H I N G TON, U. S. A. PLEASE SIGN IN PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET Meeting Agenda of: L -:7 -c::< -Y -tJ 0 PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below does not REQUIRE you to testify - it only acknowledges your presence.