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HomeMy WebLinkAboutMinutes 07/28/1993 . AGENDA PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 July 28, 1993 7:00 P.M. I. CALL TO ORDER II. ROLL CALL ill. APPROV AL OF MINUTES: Meeting of July 14, 1993 IV. PUBLIC HEARINGS: ;. 1. EXTENSION OF CONDITIONAL USE PERMIT - THUNDERBIRD BOATHOUSE - CUP 91{O5)06, Ediz Hook: Consideration of a request for extension of a permit to allow the continuation of RV parking at the Thunderbird Boathouse, located in the M-2, Heavy Industrial District. 2. EXTENSION OF CONDITIONAL USE PERMIT - PENINSULA MENTAL HEALm. CUP 91(06)10. 203 West Fifth Street: Consideration of request for extension of a permit to allow the continuation of a group home and to modify said permit to five girls, located in the RS-7, Residential Single-Family District. 3. FINAL PLANNED RESIDENTIAL DEVELOPMENT - HIGHLAND COMMUNITIES. Melody Lane: Final submittal for a planned unit development. 4. REZONE PROPOSAL - CITY OF PORT ANGELES - REZ 93(08)10 - Generally west of Chase Street between First and Front and Lincoln and Peabody Streets: Proposed rerone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RHD). (Staff is requesting continuation of this item to August 11th.) . v. COMMUNICA TIONS FROM THE PUBLIC VI. ST AFF REPORTS Planning Commission: Bob Winters, Chair; Cindy Souders, Vice Chair; Roger Catts; Bob Philpott; Orville Campbell; Carl Alexander and Linda Nutter. Planning Staff: Brad Collins, Planning Director; Sue Roberds, Office Specialisl; David Sawyer, Senior Planner; John Jimerson, Associate Planner. . ~. . Planning Commission Agenda Page 2 VII. REPORTS OF THE COMMISSION VIII. ADJOURNMENT PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. It is helpful if the speaker identifies his/her interest in the issue. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Planning Commission, not the City Staff representatives present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 28, 1993 7:00 P.M. I. CALL TO ORDER Chairman Winters called the meeting to order at7:05 P.M. ll. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Bob Philpott, Orville Campbell and Carl Alexander, Bob Winters Members Excused: Roger Catts Staff Present: Brad Collins, John Jimerson Public: Robert Blake, Dan and Karen Renfroe, William Lucas, Gerald Powell, Ken Mcinerney, Dana Snell, Donna Shepherd, Heidi Henson, Jerry Glass, Vikki Lutes, Helen and Al Maugan, Colleen Sisson, Nancy Billings, Jane Emmenegger, Don Zanon, Lois Blake, Margo Hamburger, Ken Nichols, Jack Wiener, Kathy Murphy-Carey, Judy Owen, Stephenee IndeIeant (sp?), David Milligan. m. APPROVAL OF MINUTES Commissioner Souders moved to approve the minutes of the June 14, 1993, meeting of the Planning Commission with the one correction. The motion for approval of the Rolling Hills Estates subdivision on page seven was seconded by Commissioner Philpott. The motion was seconded by Commissioner Philpott and passed 5-0 with Chairman Winters abstaining. (Note: The minutes were approved after the public hearing for Highland Communities.) IV. PUBLIC HEARINGS Chairman Winters announced that Items 3 and 4 are being continued and asked if anyone was here to speak on those items. One member of the public indicated he was here to speak on the Highland Communities project. Chairman Winters then moved Highland Communities up in the agenda. . . . Planning Commission Minutes July 28, 1993 Page 2 FINAL PLANNED RESIDENTIAL DEVEWPMENT HIGHLAND COMMUNITIES. Melody Lane: Final submittal for a planned unit development. John Jimerson noted the applicant has not installed the necessary improvements, nor provided a bond to guarantee their installation, and recommended the Commission continue the hearing to August 25th after opening the public hearing. Chairman Winters opened the public hearing. Gerald Powell, 718 Elizabeth Place, asked why public notice was made when the applicant wasn't ready to proceed, and why the applicant wasn't required to be at the meeting. He made the effort to be at the meeting only to find it was being continued. He was concerned with the height of the houses. Staff indicated that the approval of the single family houses was for one story buildings. He asked if the City Attorney can give them direction for eliminating a deed restriction on the adjacent subdivision. John Jimerson responded that the restriction is a private covenant and to remove it requires private actions by the affected property owners. It is not a City requirement and the City Attorney would not be able to advise him on how he should proceed. There being no further testimony, Chairman Winters asked for a motion to continue the public hearing. Commissioner Souders moved to continue the public hearing to August 25, 1993, at 7:00 in the Council Chambers. The motion was seconded by Commissioner Alexander and passed 6-0. EXTENSION OF CONDITIONAL USE PERMIT. THUNDERBIRD BOA THOUSE- CUP 91(05)06. Ediz Hook: Consideration of a request for extension of a permit to allow the continuation of RV parking at the Thunderbird Boathouse, located in the M-2, Heavy Industrial District. Chairman Winters stepped down for reasons of conflict of interest. Vice Chair Sounders assumed the Chair. John Jimerson reviewed the Department Report. Acting Chair Souders opened the public hearing. Donna Shepherd, 423 Hillcrest Drive, answered questions of the Commission. There has been no problem with excessive RV parking this year. It's been slow this year due to the weather, With a couple of exceptions, the place has not been filled with RV's. They have an employee check to make sure the 12 vehicle limit is not exceeded. There being no further testimony, Acting Chair Souders closed the public hearing. Commissioner Campbell moved to approve the extension subject to 11 conditions and citing the following fmdings and conclusions: Conditions: 1. If the City observes R.V.'s parked on site in excess of 12, the life of the permit shall not exceed one year, unless an extension is applied for and received. . . . Planning Commission Minutes July 28,1993 Page 3 2. The total number of spaces provided may not exceed 12. 3. Spaces shall be numbered and wheel stops be provided to assure the safety of potential users. 4. One 2AlOBC dry chemical fire extinguisher shall be provided in a location accessible to all tenants and properly identified. If the extinguisher is not located in a visible location, adequate signage shall be provided, indicating location. The fire extinguisher shall be recharged as required by the Fire Department. 5. Restroom facilities of the Thunderbird Boathouse shall be made available to campers and so identified. 6. RV spaces shall be for overnight RV parking only, with a maximum of three nights per stay. 7. If the park rules are changed from the previous submittal, a copy shall be submitted to the Planning Department. 8. A rack shall be provided which contains the City ordinance or City instruction that no recreational vehicle parking be permitted outside the authorized area. 9. The applicant shall not provide water and/or power to the R. V. 's and the rules shall expressly state such prohibition of water usage and prohibition of used water (grey water) discharged on the site. 10. No R. V.' s shall be parked overnight outside of the designated area. 11. The parking area shall be paved or an equivalent surface acceptable to the Public Works Department. Public Works has determined that the placement of clean gravel on an annual basis is an appropriate equivalent surface. Findings: 1. The approval is for 12 overnight RV parking stalls. 2. The use was originally approved in 1984, with subsequent extensions of the permit which has allowed continued use of the site. 3. The property is zoned M-2, Heavy Industrial, which allows uses found to be consistent with the intent of the zoning district. 4. The M-2 Zone allows marinas and boat havens as permitted uses. 5. The applicant stated at the previous public hearing that he believes the problem of excessive number RV's has been solved through the incorporation of signage, night watchman and entrance gate. 6. No complaints or observation of the use not in compliance with the permit has . . . Planning Commission Minutes July 28, 1993 Page 4 been made subsequent to the last approval. Conclusions: A. As conditioned, the Conditional Use Permit is compatible with the surrounding land uses and land uses in the M-2 Zone District. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the Conditional Use Permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan and other applicable land use regulations. The motion was seconded by Commissioner Nutter and passed 5-0. EXTENSION OF CONDITONAL USE PERMIT - PENINSULA MENTAL HEALTH. CUP 91(06)10. 203 West 12th Street: Consideration of a request for extension of a permit to allow the continuation of a group home and to modify said permit to five girls, located in the RS-7, Residential Single-Family District. Commissioner Alexander stepped down for reasons of appearance of fairness. John Jimerson reviewed the Department Report. Chairman Winters opened the public hearing. William Lucast 1204 S. Oak Street, lives across the street from the group home. There are already many C.U.P.s in the neighborhood including day care, elderly care, foster homes and a bed and breakfast. There are problems in the neighborhood including prowlers and vandalism. He is concerned with the lack of qualified employees. The girls themselves cause problems, but they attract boys that cause damage on his property. The home would make it difficult for him to sell his house. In response to a question from the Commission, he stated that he had attended the neighborhood meetings conducted by Peninsula Mental Health. Don Zanont 118 E. 8th Street, Director of Peninsula Mental Health, supports the concept of providing diverse facilities to serve the diverse needs of the community. They have developed a process for addressing neighborhood issues. They conducted a series of meetings with the neighbors. Staff has met personally with Mr. Lucas. They have received no complaints from Mr. Lucas prior to the letter submitted to the Planning Commission this week. In addressing other neighbors' concerns they have built a fence, parked their cars in the carport rather than the street, and taken care to make sure garbage doesn't spill out of their can. Peninsula Mental Health has a qualified staff: one with a Master's and many with Bachelor's degrees. He clarified that the girls are not inmates, they are in the program voluntarily, not as a part of the criminal system. He takes offense to Mr. Lucas' derogatory labeling of the facility. Commissioner Winters asked why the police are making so many calls, and if there are serious incidents. Mr. Zanon responded that they are required by law to report runaway children to the police. They have offered to make the reports at the police station to reduce the number of visits to the house but the Police Department policy is to take the reports at the site. . . . Planning Commission Minutes July 28, 1993 Page 5 Jane Emmenegger, 1406 A Park View Lane, sits on the Board of Directors for Peninsula Mental Health. They are striving to meet the needs of the community and these girls. They make every effort to fit into the neighborhood - the site is fenced, well maintained and meets neighborhood standards. They've held neighborhood meetings, and no complaints were raised. Lois Blake, 118 E. 8th Street, Program Director for Transitions Home, stated it is important for them to be good neighbors. The program is not part of the criminal facilities program. It is a group home. Many of the girls go from the natural home to a foster home to this home. The home is not a half-way house. Half-way houses are for criminals and alcoholic rehabilitation. They have conducted several task force meetings at different times for the convenience of the residents in the neighborhood. The traffic problems in the neighborhood are not caused by the group home. The house rules are strict, and any visitors must be screened and be approved by the staff. Mr. Lucas' letter is discriminatory and in direct contrast to verbal feedback that he has provided to Peninsula Mental Health staff. The home has housed seven children during the past year - they stayed for 3 months to 2.5 years, with most graduating on. She presented a vignette of the typical child that resides in the facility, noting that many are victims and need the facility to get back on track. The kids have a daily routine and a full schedule; they do not have a lot of free time. In response to questions, she stated that they can refuse a child; there is a screening and interviewing process; and PMH receives a complete history of the child. When asked what else can be done to lessen the impact on the neighborhood, she stated that they are not aware of any problems, and cannot offer any solutions unless the neighborhood brings their concerns to their attention. Ken Nichols, 160 S. Solmar Drive, Sequim, an employee for the Department of Social and Health Services stated there are seventeen girls waiting for placement in the Port Angeles area, but there are only four beds available. The persons who are complaining about the use have offered no help or solutions. The children are a part of the community and it is up to the entire community to take care of them. If the facility was a foster home, there could be as many as eight to twleve children there. Foster homes are in every neighborhood in the City, not just this neighborhood . Jerry Glass, 1108 South Oak Street, stated he attended the neighborhood meetings. He is the closest neighbor to the facility and has observed no problems whatsoever. He expressed his support for the permit. He has gotten to know the girls and has found them to be very respectful. He never sees any boys or girls hanging around outside. His B&B has a guest room overlooking the home, and he would be concerned if there were any problems, but the use has no impact, it creates no problem. There have been difficulties with vandalism for 10 years. It is not caused by this house. In response to a question, he stated that relationships between the home and the neighborhood would improve if the neighbors would take the time to get to know the girls. The derogatory references to the home are ridiculous. Heidi Henson, 832 W. 9th, supervisor of the house stated they hold an open house every other month. Mr. Lucas attended each meeting and was asked if there were any problems. They were surprised by Mr. Lucas' letter. He has told her she is doing a good job, there are no problems, and the program is under control. Ms. Henson explained the system whereby girls are given only the amount of responsibility they can handle and have earned. The girls are not allowed to roam free in the neighborhood. In response to a question on how the supervisors can possibly keep their eyes on four girls at all times, Ms. Henson stated they don't, but the girls are governed by strict rules. They are in the house at all times and are not allowed in the basement. . . . Planning Commission Minutes July 28, 1993 Page 6 When there is a house outing, all the girls go. When they walk to an appointment at the main office, they call the minute they arrive and call before they leave. If they do not show up within a few minutes, staff go out to find them. Jack Wiener, 1405 South "A" Street, stated that he experiences noise, vandalism and unsupervised children in his own neighborhood. The problems raised by the neighbors are common to all neighborhoods. The children are victims, not criminals. The community needs to provide for them and help them become a part of the community. Robert Blake, P.O. Box 554, Port Angeles, stated that adolescents, 13-18 years old, can be voluntarily committed if they become disabled or depressed. Clallam County has historically had one of the highest rates of teenage suicide in the country. There is a definite need for caring for the children of the area. Karen Renfroe, 210 W. 12th Street, stated she is not against the program or the girls. She is upset with the supervision of the girls. There is not enough qualified supervision provided. She has observed three police cars racing to the house, banging on the door and taking a handcuffed girl away in the car, with neighborhood children watching. She was told by a volunteer policeman at the scene that one girl had assaulted a second girl, who had to lock herself into the bathroom and call the police from there. In response to questions, she explained her schedule had not allowed her to attend the neighborhood meetings, but she had asked Mr. Lucas to present her concerns to Peninsula Mental Health. She believes there is opportunity to contact the applicant outside of the meeting time, but she's been too angry when incidents occur. Don Renfroe, 210 W. 12th Street, said that the supervisor has indicated there has been no problems since April, but the police log provided tonight indicates differently. The log shows there has been a trend in the nature of the police calls from runaways to more serious offenses like assaults. Assaults are criminal offenses. The retired persons in the neighborhood make easy targets for theft and assaults. In response to a question, he stated that there have been no assaults or thefts resulting from the home but that he believes some damage may have been done by a boy hanging around the home. Dana SneU, 72 June Place, Sequim, explained the nature of the assaults - once she was bitten on the arm, another time she had ink spilled on her. These were not serious incidents, but policy is to call the police to let the kids know those behaviors are not going to be tolerated. In response to a question on how she keeps her eyes on all four children at all times, she responded they don't, but the girls behaviors are guided by strict rules such as having to seek permission for even simple activities such as making a phone call or watching television. She also responded to questions in stating that lights are out by 10:00 PM and a motion detector is located around the house. She does not know who is responsible for the vandalism. She provided phone numbers for anyone that would like to call to discuss a problem with the home. They were 457- 8755 and 457-3036. Boyfriends are allowed with permission. They've only had one boyfriend visit, that was last summer. Don Zanon, in response to questions from the Commission stated he was willing to have additional meetings. He doesn't have a direct answer as to why the nature of the police calls are shifting from runaways to assaults. He expressed a willingness to compare their records with the police records. ..... Planning Commission Minutes July 28, 1993 Page 7 . Don Renfroe, commended Mr. Zanon and his organization; however, he was not in favor of the suggestion from a previous meeting in which Mr. Zanon suggested the neighbors form a neighborhood watch. It's not the neighbors' responsibility to keep an eye on the group home. Robert Blake, explained that the law requires persons detained by the police in mental health cases to be handcuffed. He did not know why there were more assaults in the homes and fewer runaways, but he offered the possibility that the assaults were a result of a supervisor physically preventing a runaway by hugging a child and in turn being hit or otherwise assaulted. There being no additional new testimony, Chairman Winters closed the public hearing. The Planning Commission took a break at 9:55 P.M. and reconvened at 10:05 P.M. Following discussion on the testimony, Commissioner Nutter moved to approve a six month extension with a third condition that Peninsula Mental Health conduct monthly meetings rotating between morning, afternoon and evening hours at a neutral site. The motion was seconded by Commissioner Philpott. Friendly amendments were made to approve for one year, to add liAs conditioned" to Conclusion liB" and to add a different condition three as listed below. The amendments were accepted by Commissioners Nutter and Philpott: . 1. 2. 3. . Conditions: The extension is for a period of one year and shall expire on July 16, 1994, unless an application for extension is made in a timely manner. No automobiles will be owned or used by the teen age residents. Group home staff will institute an up-graded outreach program to improve communications to deal with issues and problems, and result in improved neighborhood relation s. Findings: 1. Approval is for a group home located at 203 West Twelfth Street for four adolescents and one adult supervisor, with a second supervisor on-site on an occasional basis. 2. The property is roned single-family residential, RS- 7. Group homes are listed as conditionally permitted uses in the RS- 7 zone. 3. The use is located within a single family dwelling unit. 4. The Comprehensive Plan Social Objective No.3 is to "Make the environment of the community conducive to a better life: spiritually, morally, and physically through the provision of various opportunities. II 5. The Planning Commission has received written and oral testimony from neighbors during the initial two years of the permit that the use has been disruptive to the neighborhood by creating traffic and parking congestion, by attracting boys to the . ~ Planning Commission Minutes July 28, 1993 Page 8 home, by a large number of police calls to the home and by socially unacceptable behavior of the residents. 6. The Planning Commission has also received testimony that the neighborhood residents and the applicant have held meetings to address the concerns and that improvements have been made. 7. ~olice records indicate there have been 13 calls made to the site since October, 1993 and a total of 29 since August, 1991. Conclusions: A. The use is compatible with the surrounding land uses and land uses in the RS-7 zone. B. As conditioned, the Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare. c. The Conditional Use Permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan and other applicable land use regulations. The amended motion passed 5-0. . Commissioner Alexander returned to the room. . REZONE PROPOSAL - CITY OF PORT ANGELES - REZ 93(08)10. Generally west of Chase Street between First and Front Street and Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RHD). Commissioner Souders left the room for reasons of appearance of fairness and asked to be excused for the remainder of the meeting. Chairman Winters opened the public hearing. Seeing no one present to speak on the matter, he entertained a motion to continue the proposal. Commissioner Philpott moved to continue the public hearing to August 11, 1993 at 7:00 P.M. in the City Council Chambers. The motion was seconded by Commissioner CampbeU and passed 5-0. VII. COMMUNICA TIONS FROM mE PUBLIC None. Vill. STAFF REPORTS Brad Collins gave a brief update on the City Council actions on the Rolling Hills Estates subdivision where the required road improvements were based upon a compromise . . ~. _. . Planning Commission Minutes July 28, 1993 Page 9 between the original staff report recommendation and the Planning Commission recommendation. IX. REPORTS OF THE COMMISSION Commissioner Alexander provided a brief update on the activities of the Growth Management Advisory and Capital Facilities Committees. A prioritized list of projects was presented to the GMAC. The Commission and staff discussed rescheduling of long range meetings due to a delay in the capital facilities committee recommendation. Commissioner Alexander moved that the August 18, 1993, meeting be devoted to the SEPA workshop and Public Involvement roundtable. The motion was seconded by Commissioner Philpott and passed 5-0. Commissioner Philpott asked if staff receives any feedback from the public on the amount of time it takes to process permit applications. Staff responded that we don 't receive a lot of feedback, that the Commissioners probably receive more comments than staff. The Planning Department is cognizant of the community's desire to keep processing time to the minimum amount necessary. We do receive feedback from individuals that do work in several jurisdictions that our permit review time is faster than most other jurisdictions. x. ADJOURNMENT The meeting adjourned at 11:10 P.M. ~~~ Brad Collins, Executive Secretary ~~( Bob Winters, Chairman PREPARED BY: John Jimerson . . . ACl10NS REGARDING PLANNING COMMISSION MINUTES Meeting of July 28, 1993 EXTENSION OF CONDITIONAL USE PERMIT - THUNDERBIRD BOATHOUSE - CUP 91 (05)06, Ediz Hook: Consideration of a request for extension of a permit to allow the continuation of RV parking at the Thunderbird Boathouse, located in the M-2, Heavy Industrial District. No action is required by Council at this time. EXTENSION OF CONDITIONAL USE PERMIT - PENINSULA MENTAL HEALTH. CUP 91(06)10.203 West Fifth Street: Consideration of request for extension of a permit to allow the continuation of a group home and to modify said permit to five girls, located in the RS-7, Residential Single-Family District. No action is required by Council at this time. FINAL PLANNED RESIDENTIAL DEVEWPMENT HIGHLAND COMMUNITIES. Melody Lane: Final submittal for a planned unit development. This item was continued to August 25. 1993. No action is required by Council at this time. REZONE PROPOSAL - CITY OF PORT ANGELES - REZ 93(08)10 - Generally west of Chase Street between First and Front and Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Commercial District (ACD) to Residential High Density (RHD). This item was continued to August 25, 1993. No action is required by Couricil at this time. . ~ PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Meeting Planning Commission Date Location 321 E. 5th Street - City Hall Name . Address " ;Pi ~ 11 f1--. L~'. / ~~M~~~-~ ~~ tr I r.. .l .. ... .... PLEASE SIGN IN CITY OF PORT ANGELES Attendance Roster Type of Meeting Planning Commission Date Location 321 E. 5th Street - City Hall Name Address ~~JU4~ \ ~{O MlLL-\Gt~'\; ,"3 D (j\J \l.r"" '7~~ v...J U~ ST