HomeMy WebLinkAboutMinutes 09/08/2010ROLL CALL
Members Present: John Matthews, Tim Boyle, Nancy Powers, Carla Sue,
and Sissi Bruch.
Members Excused. Doc Reiss, Mike Caudill
Staff Present: Nathan West, William Bloor, Scott Johns, Janessa
Hurd, and Pat Bartholick.
Public Present:
APPROVAL OF MINUTES
Review of the August 11, 2010, regular meeting minutes was continued to later in the
meeting.
PUBLIC HEARINGS
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 8, 2010
6:00 p.m.
See Attached Attendance Rosters
CONDITIONAL USE PERMIT CUP 10 -03 SWANSON 818 Caroline Street:
Proposal to redevelop a structure to include an accessory residential unit (ARU) in the RS -7
Residential Single Family zone.
Associate Planner Scott Johns reviewed the Department Report recommending
approval of the conditional use permit with 4 conditions.
Chair Matthews reviewed the quasi- judicial public hearing guidelines and qualifying
statements with Commission members. Commissioner Powers stated that she is personally
acquainted with the architect who is representing the project. All Commissioners responded
for the record that they did not have appearance of fairness or conflict of interest issues with
regard to the pending public hearing matters Chair Matthews opened the public hearing at
6 19 p.m. Chair Matthews indicated that those who testify must sign the "Sign In" log and
affirm that their testimony will be truthful to the best of their knowledge.
Ken Hays, 120 Bell St, Sequin:, WA, represented the proponents and considered the
application to be straightfonvard. He asked if the Commissioners had any questions.
There being no further testimony, Chair Matthews closed the public hearing at 6.20
p.m.
Commissioner Powers moved that the Planning Commission approve CUP 10 -03
subject to the following conditions, and supported by the following findings and
conclusions:
Planning Commission Minutes
September 8, 2010
Page 2
Commissioner Powers moved that the Planning Commission approve CUP 10 -03
subject to the following conditions, and supported by the following findings and
conclusions:
Conditions
1 Addressing for each dwelling unit shall be clearly identified as 818 A and 818 'A B
East Caroline Street. Address numbers must be at least six (6) inches in height and
readily visible from the street and of contrasting color from their background.
Two (2) off street parking spaces are required for each residential dwelling unit for a
total of four (4) spaces.
3 Driveway and site access shall be constructed to Public Works and Utilities
Standards.
4 All utility improvements including water, sanitary sewer, storm drainage and
electrical are to be completed to the satisfaction of the Public Works and Utilities
Department. Separate water and electrical meters are required for each dwelling unit.
Findings
Based on the information provided in the Community and Economic
Development Staff Report for CUP 10 -03 dated September 8, 2010, including all
information in the public record file, comments and testimony presented during the
public hearing, the Planning Commission discussion and deliberation, and the above
listed conditions of approval, the City of Port Angeles Planning Commission hereby
finds that:
2.
1 Eric and Jennifer Swanson submitted a Conditional Use Permit application for an
accessory residential unit on August 9, 2010.
2. The proposed site is legally described as the west one half of Lot 4 and Lot 5 Block
37, Norman R. Smith Subdivision of Port Angeles, WA, located at 818 East Caroline
Street.
3 The site is 10,498 sq. ft. in area and is zoned RS -7 Residential Single Family
Adjacent zoning designations are Commercial Office (CO) located immediately east
of the site and RS -7 south and west of the site. Public Buildings and Parks (PBP)
areas are located along the marine bluff and the Olympic Medical Center located
immediately northeast of the site. Commercial Arterial (CA) zoning is found one and
one half blocks south of the site along the main Front Street corridor
4 The City's Comprehensive Plan Map designates the site and areas north and west as
Low Density Residential. Properties east and south of the site are designated
Commercial with Open Space located along the marine bluff (Olympic Medical
Center).
Planning Commission Minutes
September 8, 2010
Page 3
5 The site is located in the City's North Central Planning Area. The subject site is
located on the south side of East Caroline Street between Race and Francis Streets.
Development in the neighborhood includes predominately a mix of single family
residential uses to the north and west with professional office use to the south and
east. The Olympic Medical Center is located one block east of the site.
6. The City's Comprehensive Plan goals and policies were reviewed for consistency
with the proposal. Land Use Element Goal A and Policy A.2 and C2, Housing
Element A.6 and B.6, and Transportation Element Policy B 14 where found to be
specific to the proposal and are listed as Attachment B to the September 8, 2010, staff
report.
7 Per 17.96.050 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 which 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. In each
application the Planning Commission may impose whatever restrictions or conditions
are considered essential to protect the public health, safety, welfare, and to prevent
depreciation of neighboring property Conditional uses shall be evaluated to
determine if the characteristics of the intended use as related to the specific proposed
site would defeat the purpose of the City's Zoning Regulations by introducing
incompatible, detrimental, or hazardous conditions. The Planning Commission may
refuse to issue a conditional use permit if the characteristics of the intended use would
defeat the purpose of the City's zoning regulations. A development that is approved
through the conditional use permit process must remain in continual compliance with
specific conditions of approval or may be revoked.
8. An ARU may be no larger than 50% the size of the primary residence in the RS -7
zone. As proposed, the ARU will be 50% the size of the redesigned primary
structure.
9 A portion (west side) of the first floor portion of the structure would be developed as
the accessory residential unit with a (separated) portion of the lower floor containing
a media room and office area for the primary use that includes the entire second floor
occupying a total of approximately 1900 sq.ft. The first floor accessory residential
unit (ADU) contains a total of 928 sq.ft. which is 50% the total area of the entire
structure. Site plans submitted indicate that the required setbacks and other
development standards required in the RS -7 zone will be met by site development.
10 Site access development must comply with Public Works and Utilities Standards that
are contained in the Urban Services Standards Guidelines Manual.
11 Notification of the conditional use permit application was placed in the Peninsula
Daily News on August 15, 2010 Public notice was mailed to property owners within
300 feet of the subject property on August 12, 2010. The site was posted on August
12, 2010. No comment was received during the written comment period.
12. A Determination of Non-Significance was issued for the proposed action on
September 1, 2010
Planning Commission Minutes
September 8, 2010
Page 4
13 The Planning Commission opened a public hearing on the proposal at the September
8, 2010, regular Planning Commission meeting. The Planning Commission action is
final unless appealed to the City Council.
Conclusions
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 10 -03 dated September 8, 2010, including all of the
information in the public record file, comments, and testimony presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
conditions of approval and listed findings, the City of Port Angeles Planning Commission
hereby concludes that:
1 As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan.
2. As conditioned the proposal is consistent with requirements for approval of a
conditional use permit as specified in PAMC 17.96.050, and with the
requirement of a conditional use permit for an accessory residential unit in the
RS -7 per PAMC 17 10 040(A)
3 As conditioned, the proposal is consistent with PAMC Chapter 14 40 (Parking
Ordinance).
4 The use is in the public interest as it allows for a variety of housing
opportunities within the City and particularly within proximity to uses where a
variety of housing opportunities may be beneficial.
5 The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied.
The motion was seconded by Commissioner Boyle, and passed 5 -0.
CONDITIONAL USE PERMIT CUP 10 -02 PENINSULA COMMUNITY
MENTAL HEALTH (PCMH)- 203 West Twelfth Street: Request to permit a
group home in the RS -7 Residential Single Family zone.
Community and Economic Development Director West reviewed the Department
Report recommending approval of the application. He described the public notification
process and stated that all written comments submitted were attached to the staff report. He
also stated that the staff report sent out on September 3, 2010, was a draft, and that staff had
incorporated the new staff report with the new comments submitted. He stated that staff
recommended approval with conditions, findings, and conclusions.
Commissioner Bruch addressed a letter that questioned the group home's licensing
requirements. Director West stated that staff has researched the licensing requirements at
length with the Washington State Department of Health, the Washington State Department of
Health and Social Services, and the Peninsula Regional Support Network, and that staff was
able to verify that a license is not required for the use as proposed. Commissioner Boyle
asked if the City Attorney agreed with the licensing need assessment. Attorney Bloor stated
that the City of Port Angeles does not issue the operational license and he does not have a
reason to disagree with the statement. Commissioner Boyle asked if Peninsula Community
Planning Commission Minutes
September 8. 2010
Page 5
Mental Health had similar homes in the City, County, or State. Director West stated that
PCMH does operate other group homes in the City
Chair Matthews reviewed the quasi-judicial public hearing guidelines and qualifying
statements with Commission members. All Commissioners responded, for the record, that
they did not have appearance of fairness or conflict of interest issues with regard to the
pending public hearing matter Chair Matthews opened the public hearing at 6.35 p.m., and
stated that the public would have a 2 %z minute time limit to speak due to the large number of
people who wish to testify Chair Matthews indicated that those who testify must sign the
"Sign In" log and affirm that their testimony will be truthful to the best of their knowledge.
Peter Casey, 242 Leprechaun Lane, Port Angeles, WA, Executive Director of
Peninsula Community Mental Health, agreed with the recommendations of the City of Port
Angeles Planning staff. He described changes in operation of the residence that have been
recently implemented and stated that the home is operating better than in the past. He
described the other group homes that are operated in the City of Port Angeles, and the need
for these facilities in our area. He addressed some of the issues that the group home had
experienced recently and stated that they only three police responses had been necessary in
the past six months as a result of the changes.
Commissioner Boyle asked if any other facilities were licensed. Mr Casey stated
that one 24 -hour care facility is state licensed. Commissioner Bruch asked if any of the other
facilities are having the same issues with the emergency calls. Mr Casey stated that
individuals with mental health issues will have breakdowns but most of the police reports are
for innocuous reasons. He discussed their ongoing relationship with the City of Port Angeles
Police Department and said that they have made a lot of improvements over the previous
three to six months to address the need for emergency calls.
Commissioner Powers asked about the community outreach plan. Mr Casey
explained plans for a community outreach plan that includes contact with neighbors who
express concerns and continuing to meet with the neighborhood and affected property
owners.
Chair Matthews asked questions about why they had gone so long without a
conditional use permit. Mr Casey explained that Peninsula Community Mental Health was
under the impression that they did not need a conditional use permit for a supportive living
residence based upon advice from a previous City Attorney
Commissioner Boyle asked if granting the conditional use permit would cause
Peninsula Community Mental Health to change any management or policy actions. Mr
Casey stated that they had already made numerous changes.
Chair Matthews asked if occupants at the home require different levels of monitoring.
Mr Casey replied by discussing their 24 -hour care facility and the transitions patients make
between the two facilities.
Commissioner Boyle asked if Peninsula Community Mental Health is a for profit
organization. Mr Casey replied that PCMH is a non profit organization. Commissioner
Boyle asked questions about State cuts and funding.
Rosie von Engel, 1301 South r Sequin:, WA, spoke on behalf of the local
Clallam County Chapter for the National Alliance of Mental Illness. She thanked the
Planning Commission Minutes
September 8, 2010
Page 6
Commissioners for a chance to educate the public on mental illness and described her
children's issues with brain disorders. She discussed the issues regarding people not wanting
facilities like this in their own backyard and stated that not everyone with a mental illness is a
felon.
Arlene Engel, PO Box 250, Sequuint, WA, provided information on individuals with
brain disorders and stated that it is a genetics issue. She was grateful to staff for their
positive recommendation and supported the proposal.
Betsy Reed Schultz, 1108 South Oak Street, Port Angeles, WA, spoke in support of
the facility stating that if PCMH receives support they will become a shining star in our
community
Glen Barbieri, 401 East, 5 Street, #117, Port Angeles, WA, has schizophrenia and
described his personal history with mental illness. While he understands the general public's
concerns about the use, he knows the occupants who live in the house, and he supports
approval of the action.
Dr. Steven Howarth, 207 West 12`" Street, Port Angeles, WA, stated that he filed the
initial inquiry into the residence on 12` Street. He provided a brief history of the issues and
meetings he had with Peter Casey He believes that Peninsula Community Mental Health
and the City of Port Angeles have failed, and wants the people in the house to get better care
as well as less police involvement.
Vivian Mulligan, 1620 East 5"' Street, Port Angeles, WA, Secretary of the Clallam
County Chapter for the National Alliance on Mental Illness, described her family's history
with brain disorders and stated that not everyone is lucky enough to have a family to take
care of them. She stated that the community should not turn these people away and
applauded the Planning Commission.
Barb McFall, PO Box 1746, Port Angeles, WA, described her work with PCMH as a
Port Angeles Police Officer She stated that her concerns stemmed from the house needing
to be properly maintained and supervised.
Patrick Irwin, 403 South Peabody, Port Angeles, WA, spoke on behalf of his clients,
Howard Ruddell and Dr. Steven Howarth. He considered the issue to be what conditions the
facility could operate under, not whether the facility should exist. He said that his clients'
concerns are that the home operate under needed supervision and that consumers are cared
for properly He discussed licensing requirements for adult family homes and supported
living units and asked about the Washington State Department of Social and Health Services
(DSHS) licensing requirements. The Washington DSHS staff did not know the licensing
requirements, He lodged a complaint with the State over the issue. He stated that there are
benefits to the community in having this facility, but it needs to operate in compliance with
any State licensing requirements. Mr Irwin responded to a question from Commissioner
Powers by stating that the State needed more time and information on the issue.
Deb Reed, 1727 East Woodhaven Lane, Port Angeles, WA, President of the
Peninsula Community Mental Health Board of Directors, spoke regarding issues that Barb
McFall raised regarding the facility
Planning Commission Minutes
September 8, 2010
Page 7
Linda Howarth, 207 West 12 Street, Port Angeles, WA, spoke regarding her
professional background as a nurse. She stated that one of the residents of the home had
threatened a neighbor child. She was concerned with safety issues relating to the facility
Louisa Monger, 1312 South Laurel Street, Port Angeles, WA also spoke regarding
the safety issues related to the facility
Grant Munro, 1765 East Woodhaven Lane, Port Angeles, WA Peninsula
Community Mental Health Board member, spoke in favor of the Conditional Use Permit and
stated that they will continue their efforts in maintaining the home.
Michael Juhas, 302 West 11 Street, Port Angeles, WA, spoke regarding the safety
issues at the facility including number of police incidents, a sex offender living at the facility
for two months last year, and the proximity of two elementary schools in the area. He asked
that the Commission postpone their decision to do further research on the issue.
Dawn Saiz, 118 East 8 Street, Port Angeles, WA, Residential Supervisor for
Peninsula Community Mental Health, discussed the history of the facility She stated that
these facilities are a necessity in our community and offered to assist neighborhood residents
with questions. She can be reached at any time.
Becky Daniel, 257516 Highway 101, Port Angeles, WA, stated that her son has
schizophrenia and has received excellent care while in residence at the 12 Street facility
Howard Ruddell, 136 West 12 Street, Port Angeles, WA, said that it was not an
argument about whether this kind of care is needed, but whether the residents of the facility
receive proper care. If the facility had been properly managed, a number of recent incidents
would likely not have occurred. He asked City staff if Jefferson and Queen of Angels
Schools had been notified for the conditional use permit hearing. Finally, he asked that the
Commission postpone the issue and thanked the Peninsula Daily News for attending the
meeting. Director West replied that Queen of Angels School was notified but that Jefferson
School was not because it was not within the 300 -foot requirement for notification.
Julie Calabria, 253 Shadow Lane, Port Angeles, WA, Clinical Director for Peninsula
Community Mental Health, spoke in favor of the permit.
Mary Benavidez, 41 Shiloh Lane, Sequin!, WA, spoke regarding the comments about
recent police reports. She stated that not everyone had correct information about incidents at
the facility according to the police reports that she has read.
Peter Casey, 242 Leprechaun Lane, Port Angeles, WA, Executive Director of
Peninsula Community Mental Health, provided information in rebuttal to individual public
testimony He addressed concerns about facility incidents and about whether this is an issue
of people not wanting a facility like this in their community
There being no further testimony, Chair Matthews closed the public hearing at 7 42
p.m.
Commissioner Bruch began discussion on stipulations regarding the outreach plan
and suggested that Peninsula Community Mental Health be required to communicate with the
neighborhood at Least once a year She stated that increased communication between PCMH
and the neighborhood is important, especially if there are any registered sex offenders.
Director West addressed state licensing issues, stating that the State only requires
licensing for Adult Family Homes and reiterated that the subject application for Peninsula
Community Mental Health is not for that type of facility The Commission could choose to
add conditions regarding communication with the neighborhood, but an additional finding
would also need to be added to support such a condition. Commissioner Powers suggested,
Planning Commission Minutes
September 8, 2010
Page 8
and Peter Casey agreed, to communicate with the neighborhood at least four times a year
Attorney Bloor stated that it was implicit in the Port Angeles Zoning Code that any operation
that needs a conditional use permit must comply with state law in such operation.
Chair Matthews discussed the issue surrounding the supervision at the facility as well
as communication with the neighborhood. He agreed with Commissioner Powers that
regular communication with the neighborhood is necessary and suggested adding this as a
condition. Commissioner Bruch agreed with Chair Matthews, but Commissioner Powers had
some objections to adding specifics to the conditions.
Commissioner Bruch expressed her concerns about Peninsula Community Mental
Health's other facilities and if they are having the same issues as this location.
Commissioner Powers wondered how the City would be informed if the home is not being
maintained properly Director West stated that the applicant is required to comply with the
conditions of approval in maintenance of the site. If the site is not maintained properly, it
will likely be either reported or noticed.
Chair Matthews suggested adding wording to condition #3 that neighborhood forums
be held on a quarterly basis for the first year and semi annually thereafter He asked what
kind of facility this is, to which Director West replied that it is considered a supportive living
residence. Director West noted that the Port Angeles Municipal Code does not currently
contain a definition for "supportive living residences so the City is relying on the State's
definition.
Commissioner Bruch moved to approve Conditional Use Permit 10 -02 with the 4
conditions, 26 findings, and 8 conclusions recommended by staff in support of the
action. Director West stated that if condition #3 was changed from staffs
recommendation, Finding #19 would also need to be modified. Attorney Bloor clarified
the rules associated with modifying conditions, findings, and conclusions. The motion
died for lack of a second.
Director West responded to questions regarding possible modifications to the
recommended conditions and findings to address the Commission's concerns regarding
timing of outreach forums and state licensing. He recommended taking a short recess to draft
the modifications. Chair Matthews recessed the meeting for a break at 8 11 p.m. The
meeting reconvened at 8.27 p.m.
Following reading the suggested modifications into the record,
Commissioner Bruch moved to approve Conditional Use Permit 10 -02 subject to
the following modified conditions, supported by the following modified findings, and
conclusions:
Conditions.
1 The conditional use permit is approved for Peninsula Community Mental Health to
operate a group home use at 203 West 12` Street per application identified as
Conditional Use Permit CUP 10 -02 dated received on July 6, 2010 The use shall
include a Resident Aide as described in said application. Any change in the operation
of the residence will require prior review by the Planning Commission or the
approval shall be deemed invalidated.
2. PCMH will carefully screen clients pursuant to their policy for safety and well being
to live in a residential family zone.
Planning Commission Minutes
September 8, 2010
Page 9
3 A neighborhood outreach plan shall be developed that will inform neighbors of the
program goals and provide a forum where issues of concern will be addressed by
PCMH in operation of the group home use. These forums shall be conducted on a
quarterly basis for the first year, and them semi- annually thereafter The plan shall
include a method for reporting a summary of meetings with neighbors and how
concerns were addressed, or if any concerns were noted, that will become part of the
public record file. The outreach plan shall be provided to the Planning Commission
within one month of approval of the permit.
4 The renovated residence will continue to be maintained in the current manner such
that it complements other residences in the neighborhood in appearance and
character The off street parking area at the rear of the residence will remain
available for residents and visitors.
5 The applicant shall obtain any required State and /or Federal licensing and shall
observe all such applicable regulations throughout the proposed occupancy
Findings
Based on the information provided in the Community Development Staff Report for
CUP 10 -02 dated August 25, 2010, including all information in the public record file,
comments and testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port
Angeles Planning Commission hereby finds that:
1 On July 6, 2010, Peninsula Community Mental Health (PCMH) applied to the City
Department of Community Economic Development (DCED) for a conditional use
permit to allow a supported living home to be located at 203 West 12 Street in the
City's RS -7 Residential Single Family zone.
2. Group homes and hospices are identified as permitted by conditional use permit in the
RS -7 Residential Single Family zone under Section 17 10 040(I) PAMC. Section
17 10 040(R) PAMC allows for other uses compatible with the intent of this Chapter
as conditional uses. A supported living home is nearly identical to a group home.
3 A Conditional Use is defined in Section 17.08.020(H) of the PAMC as "a use
permitted in a zone but which requires a special degree of control to snake such use
consistent and compatible with other existing or permissible uses in the same zone
4 A Group Home is defined in Section 17.08.040(C) of the Port Angeles Municipal
Code as a non- independent, non family, housekeeping unit in which the residents
are assisted by an outside agency or organization. Some examples of group homes
include state licensed homes for the handicapped and physically disabled, homes for
the mentally ill, hones for those with developmental disabilities, except that group
homes do not include adult family hones, supported living arrangements or
residential care facilities. They also include state licensed group homes for
residential centers for rehabilitation front alcohol and drugs, and transitional
housing for victims of domestic violence."
5 The proposed living arrangement is described as "supported living" by the
Department of Health. WAC 388 101 -3000 defines supported living as "instruction,
Planning Commission Minutes
September 8, 2010
Page 10
support, and services provide by service providers to clients living in homes that are
owned, rented, or leased by the client or their legal representative."
6. Section 17.10.010 of the Port Angeles Municipal Code describes the RS -7 Residential
Single Family zone as a low density residential zone intended to create and
preserve urban single family residential neighborhoods consisting ofpredominantly
single family homes on standard Townsite sized lots. Uses which are compatible with
and functionally related to a single family residential environment may also be
located in this zone. Conditional uses that may be located in the RS -7 zone include
but are not limited to accessory residential units, assisted living facilities, child day
cares, and churches.
7 A Conditional Use Permit is defined in Section 17.08.020(G) of the Port Angeles
Municipal Code as a limited permission to locate a particular use at a particular
location, and which limited permission is required to modify the controls stipulated
by these 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" and further states in (H) of the
same section "Conditional Use a use permitted in a zone but which requires a
special degree of control to make such use consistent and compatible with other
existing or permissible uses in the same zone."
8. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning
Commission shall consider applications for conditional use permits for uses specified
in the applicable Chapter of the Zoning Regulations. The Planning Commission may
grant said permits which are consistent and compatible with the purpose of the zone
in which the use is located, are 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
9 Section 17.96 070(A) PAMC provides "Hearing and Appeal of Conditional or
Unclassified Use Permit Applications. Notice and Hearing for Conditional or
Unclassified Use Permits. Upon filing an application for a conditional or unclassified
use permit in which the application sets forth fully the grounds for, and the facts
deemed to justify, the granting of a Conditional or Unclassified Use Permit, the
Planning Commission shall give public notice, as provided in PAMC 17.96 140, of
the intention to consider at a public hearing the granting of a Conditional or
Unclassified Use Permit." The Planning Commission's decision is final unless
appealed to the City Council.
10 Conditional Use Permit (CUP 91(6)10) was approved for Peninsula Mental Health to
conduct a group home to house teen age girls at 203 West 12th Street on June 12,
1991 The use was approved with conditions. The permit expired in August, 1996.
Planning Commission Minutes
September 8, 2010
Page 11
11 The occupancy of 203 W 12th Street changed to adults in the mid 1990's. City staff
was not informed of the change in occupancy PCMH staff believed that the City's
definition of a "family," found in Section 17.08.035 "F "(A) of the PAMC, permitted
the occupancy of up to 6 unrelated adults without a conditional use permit. The use
went unreported until November, 2009, when neighbors brought the matter to the
City's attention and staff contacted PCMH staff.
12. The site is situated in the City's Central Planning Area that is served by all municipal
emergency services.
13 The neighborhood is a well- established, completely built out, traditional
neighborhood comprised of single family homes mainly on individual lots. The area
is commonly referred to as "Cherry Hill" and is identified by the location of the
Queen of Angels Church and convent/elementary school (two blocks immediately
north of the property), St. Matthew's Lutheran Church and daycare, and Jefferson
Elementary School (three blocks east of the site). A well established bed and
breakfast use is located adjacent to the site north of the 11/12 Alley with other
commercial uses located north along 8th Street and south to Lauridsen Boulevard.
PCMH's main office facility is located four blocks north on 8th Street from the
location. The City's main fire hall is located seven blocks immediately north of the
site.
14 The proposed supported living home is located on a single Townsite lot developed as
a six bedroom residential structure. The site is completely fenced and provides
parking at the rear The structure and grounds have been considerably upgraded over
the past year such that it blends in well with surrounding residential uses.
15 Consumers of Peninsula Community Mental Health services who will reside in the
home do not live independently These residents have been diagnosed with mental
illness and are in need of some assistance in their daily lives that is provided by
PCMH. They have either limited or no contact with their families and few social
supports. The residents are able to manage their finances, take medication on their
own, purchase and prepare food, and perform housekeeping and some residence
maintenance activities. PCMH Case Aides and Peer Support Specialists visit the
residence 5 7 days per week to provide coaching in nutrition, hygiene, time
management, problem solving, budgeting, transportation, health support, and
vocational plans.
16 The applicant has proposed a home where a resident consumer will be trained to be a
Residence Aide with responsibility for daily management duties with oversight by
PCMH professionals as an in house level of supervision. The Resident Aide will be
under the direct supervision of a state certified Residential Supervisor. The Resident
Aide will communicate regularly with residential staff, assist in maintenance of
grounds and encourage compliance with house rules. Application information
indicates that consumers who occupy this type of group residence do not need 24-
hour care but would benefit from in -house supervision.
17 PCMH Director Peter Casey indicated that residents will be screened to ensure that
at -risk individuals will not be placed in the residence. PCMH has a policy to screen
residents for placement within a residential zone given a number of factors including
Planning Commission Minutes
September 8, 2010
Page 12
safety and well -being and criminal history Consumers who do not meet the criteria
will not be placed in the residence. Mr. Casey acknowledged that an unfortunate
resident placement went unnoticed for many years but when this information was
made known to staff, the individual was immediately removed from the residence to a
more appropriate location.
18. Although unlicensed for the past 12 years, the home use has been in place and
operated by PCMH with little incident for a total of 18 years at the subject location.
Mr Casey and PCMH staff have been working with City staff to bring the use into
compliance with local zoning laws and to conduct an outreach program to the
neighborhood that will be a forum to identify and address any issues that may arise
from the occupancy in the future.
19 Neighbors to the home contacted City staff in November, 2009, to discuss occupancy
concerns following a meeting with PCMH staff in October Neighbors expressed a
desire to initiate a neighborhood outreach and education program similar to the
condition that was attached to Conditional Use Permit CUP 91(06)10 PCMH
Director Casey is aware of the advantages of such a program and agreed to initiate
same. In order to fulfill the purposes of the condition, such a forum, held on a
quarterly basis, will ensure adequate communication and informed improvement to
the program. The previous conditional use permit required monitoring during
extension review of the CUP
20 The Federal Fair Housing Act (FFHA) requires that licensing requirements shall not
violate the rights of individuals to reasonable accommodations in zoning practices.
Conditional use permits may not discriminate against the handicapped but shall
protect their safety as well as the safety of the community in general.
21 The City of Port Angeles allows for group home use by conditional use permit in all
residential zones. Such review is intended to identify emergency service needs and
identify particular characteristics of individual neighborhoods.
22. Peninsula Community Mental Health operates under oversight by the Departments of
Health (DOH) and Social and Health Services (DSHS).
23 The Federal Housing Authority Act (FHAA) has limited some municipal zoning
authority in an effort to avoid stereotyping to achieve community integration. The
common policy per FHAA is to require group homes to be distributed throughout the
community where residents are able to live in mainstream residential neighborhoods
rather than in a cluster of group homes segregated from the rest of the community
Local zoning regulations maintain some authority over locational siting but
regulations must be administered similarly to any such group occupancy
24 The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of
this application. The goals, policies, and objectives listed in Attachment B to this
staff report were found to be the most applicable to the proposed use.
25 Public notification was mailed to property owners within 300 feet of the subject site
and posted on the property on July 29, 2010, and August 24, 2010 Notification was
placed in the Peninsula Daily News on August 24, 2010, with written comment
accepted by September 7, 2010 Comments provided by neighbors with regard to the
Planning Commission Minutes
September 8, 2010
Page 13
use during the written public comment period are attached as Attachment "C" to this
staff report. Written comment provided after the close of the written comment period
were presented at the public hearing to be included in the record. Those written
comments were provided by Arlene Engel, Linda Gorden, Randy Bailey, Rosie von
Engel, Kay Snowbrook, Janice Reid, and Betty Brooks.
26 A Determination of NonSignificance was issued for the proposed action on
September 8, 2010, per WAC 197 -11 -355 This action satisfies the City's
responsibility under the Washington State Environmental Policy Act (SEPA).
27 It is implicit in the Port Angeles Municipal Code that all conditional uses must be in
compliance with State and Federal law
Conclusions
Based on the information provided in the Department of Community Development
Staff Report for CUP 10 -02 dated August 25, 2010, including all of the information in the
public record file, comments, and testimony presented during the public hearing, the
Planning Commission's discussion and deliberation, and the above listed conditions of
approval and listed findings, the City of Port Angeles Planning Commission hereby
concludes that:
A. The use as proposed mirrors the definition of a group home as defined in Section
17 08.040(C) of the Port Angeles Municipal Code and is permissible by conditional
use permit in the RS -7 Residential Single Family zone under Section 17 10 040(R)
PAMC. Group homes and supported living arrangements ensure that special needs
individuals are afforded reasonable accommodation in their residential living
situations and are not clustered in institutional environments when such individuals
are prepared to live more independently This practice empowers such individuals to
live as capably as possible with responsible supervision.
B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles
Municipal Code with conditions attached to protect the public health, safety, and
welfare, and to prevent depreciation of neighboring property
C An outreach program will enable the neighborhood an opportunity to participate in
the success of the home through familiarity with the residents and knowledge of the
procedures of the home. The program will provide an opportunity to communicate
before concerns become issues and will ensure the safety and well -being of residents
and the neighborhood.
D Registration of group homes and supported living arrangements protects residents and
identifies their homes for responders during emergency and general aid calls. Review
of the location of group homes and supported living arrangements ensures that the
uses will integrate well into residential neighborhoods while providing reasonable
accommodation to all groups of people.
E. As conditioned, the residence will be maintained in an updated manner consistent
with other neighborhood properties and will therefore ensure the retention of
neighborhood property values in the single family neighborhood in which the site is
located.
Planning Commission illtnutes
September 8, 2010
Page 14
F The Residence Aide will be able to quickly respond to any issues that may arise in the
residence thereby reducing the need for outside assistance from either the City's
emergency services or PCMH employees. Property maintenance skills will benefit
group residents and enhance the neighborhood value as a whole. The group home
will be supported by PCMH professionals on a daily basis ensuring that the special
needs population will be supported.
G As conditioned, the residence will be operated in accordance with the plan and policy
of the PCMH.
H. As conditioned, the use is in compliance with goals, policies, and objectives of the
City's Comprehensive Plan, specifically with Growth Management Element Goal A
and Policy A.1.d; Land Use Element Land Use Map, Goals, Policies, and Objectives
Goal A, and Policy A.2, Residential Goals, Policies, and Objectives Goal B, and
Policy B 1, and Goal C and Policy C.1, Utilities and Public Services Element Goal A
and Policy A.3, and Goal B and Policy B.2; Housing Element Goal A. and Zoning
Ordinance.
The motion was seconded by Commissioner Boyle, and passed 5 -0.
PRELIMINARY SUBDIVISION PENDLEY ESTATES-. 2300 Block of 14 Street
between 14 and 16 Street: Proposal for a 17 -unit residential subdivision in the RS -9
Residential Single Family zone.
Associate Planner Scott Johns reviewed the Department report recommending
approval of the preliminary subdivision with 9 conditions, 22 findings, and 4 conclusions.
He described the public notification process and stated that no written comments were
received during the public notice period.
Commissioner Boyle asked about the sidewalks included in the planning of the
subdivision.
Commissioner Bruch asked why the plans included a cul -de -sac as opposed to a
through street. She expressed concern regarding this design relating to pedestrian access and
traffic through the subdivision to adjacent streets. Director West stated that also reviews
these issues and in this instance a cul -de -sac was acceptable to staff including the Fire
Department. Further discussion took place regarding roadside ditches, storm water system,
landscape requirements, and street trees.
Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying
statements with Commission members. Commissioners responded that they had no
appearance of fairness or conflict of interest issues with regard to the pending public hearing
matters. He then opened the public hearing at 8.55 p.m.
Chair Matthews indicated that those who testify must sign the "Sign In" log and
affirm that their testimony will be truthful to the best of their knowledge.
Chris Hartman, 301 East 6' Street, Port Angeles, WA, Zenovic and Associates,
represented the application and provided additional information about the development
including the use of swales, the benefits of the cul -de -sac design, street trees, landscaping
requirements, and proposed improvements to the 14 Street frontage.
Planning Commission Mined es
September 8, 2010
Page 15
Commissioner Powers and Bruch asked questions regarding the types of plants to be
used in the landscaping, the use of rain gardens as a more economical alternative to storm
water galleries, and pedestrian access to 16 Street.
Kay Kassinger, 2603 South Francis Street, Port Angeles, WA, Clallam County
Housing Authority Planning Manager, spoke regarding the landscape plans for the
subdivision.
Gina Steinmetz, 1428 Aurora Court, Port Angeles, WA described major flooding
that regularly occurs in the area and current area development patterns. She stated concerns
about traffic flow and safety of children at nearby bus stops.
There being no further testimony, Chair Matthews closed the public hearing at 9
p.m.
Associate Planner Scott Johns indicated that the City's Public Works and Utilities
Department is well aware of local flooding issues. He also noted Condition #2 requiring
street improvements. He read condition #2 regarding the street expansion.
The Commissioners discussed with staff the street expansion and the fact that the
applicant stated that they were only aware of the requirement for the frontage of the
development not to the nearest developed area. Chair Matthews re- opened the public hearing
at 9 p.m. specifically to address the street improvement issues.
Chris Hartman, 301 East 6 Street, Port Angeles, WA, Zenovic and Associates,
stated his position that the applicant should not be required to improve the street to the
nearest developed area. He stated that the applicants should only be required to improve
their property frontage.
Director West and Planner Johns researched the requirement and supporting
documentation.
Kay Kassinger, 2603 South Francis Street, Port Angeles, WA, Clallam County
Housing Authority Manager, agreed with Chris Hartntan's testimony, stating she was against
being required to improve to the nearest developed property
Director West apologized on behalf of staff that this requirement was not
communicated to the applicant prior to the meeting. He asked if the applicant would object
to postponement. Ms. Kassinger indicated that postponement would make it difficult to
complete plans as proposed. Director West discussed the option for moving forward with the
Commission which included approval, continuing to the next meeting, or modification of the
conditions of approval.
There being no further testimony, Chair Matthews closed the re- opened public
hearing at 9:27 p.m.
Chair Matthews stated that he preferred to modify the condition for street
improvements. Director West stated that staff could modify Condition #2 and delete
Condition #10, as it was redundant, to accomplish the Commission's intent. Following
discussion, Commissioner Powers moved to recommend approval of the preliminary
subdivision to the City Council subject to the following conditions, and supported by
the following findings and conclusions:
Conditions:
1 The interior street identified as Neil Court shall be dedicated and constructed per the
City's Urban Service Standards and Guidelines including an improved walkway
along at least one side prior to approval of the final plat.
Plannrng Commission Minutes
September 8, 2010
Page 16
2. Property as needed shall be dedicated to develop 14 Street and 16 Street to full
width (70') rights of way Improvements shall be made to both 14th and 16th Streets
rights of way frontage prior to final plat approval. Frontage improvements including
sidewalk along 14 Street are required as shown on the plat per the City's Urban
Services and Standards requirements.
3 Fire hydrant spacing shall be as required by the City Fire Department to a maximum
1000' of separation distance. Residences shall be fitted with residential sprinkler
systems. Such wording shall be placed on the face of the final plat.
4 Utilities shall be underground with required easements for all utilities.
5 Prior to final plat approval, water service shall be extended to the lots as required by
the Public Works and Utilities Department Urban Services Standards and Guidelines.
A 10 -foot wide easement is required and is dimensioned but not shown within Lot 15
Water meters for Lots 15 17 shall be placed in the right of way per City Standard
Detail.
6. Stormwater plans shall be submitted for approval per the City's Urban Services
Standards and Guidelines and improvements made prior to final plat approval.
Stormwater facilities to be conveyed to the City must be located in public right of
way or in open spaces areas. Easements as necessary shall be provided.
7 Sanitary sewer shall be extended to the new lots as required by the Public Works and
Utilities Department from Fourteenth Street and shown on the preliminary plat.
8. Building setbacks shall be identified on the final plat with address numbers provided
by the City's Public Works and Utilities Department placed on the lots.
9 The applicant shall place a statement on the plat and make it known to all subsequent
purchasers of subject lots that said lots are in the proximity of the William R.
Fairchild International Airport and that the Port of Port Angeles does not warrant that
these lots will always be outside the lowest noise contour currently established for
residential use.
Findings:
1 Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local
requirements for the approval of subdivisions.
2. Preliminary approval is based upon a drawing dated received July 27, 2010, prepared
for the Housing Authority of Clallam County by Zenovic and Associates. The
proposed layout indicates 17 residential building sites ranging in size from 9,000 to
10,781 square feet in area. Property owner Mark Macedo signed the application.
3 The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land within the State of Washington. Section 58.17 110 requires
a city to inquire into the public use and interest proposed to be served by the
establishment of a subdivision. It shall determine if appropriate provisions are made
for, but not limited to, the public health, safety, and general welfare, for open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water
supplies, sanitary wastes, parks and recreation, playgrounds, schools and school
grounds, and shall consider all other relevant facts including sidewalks and other
Planning Commission Minutes
September 8, 2010
Page 17
planning features that assure safe walking conditions for students who only walk to
and from school and whether the public interest will be served by the subdivision. A
proposed subdivision shall not be approved unless the city can make written findings
that these provisions are made.
4 Section 16 08 050(B)(1) PAMC provides that the Planning Commission shall
examine the proposed plat, along with written recommendations of the City
Departments, and shall either approve or disapprove the submittal. A
recommendation thereon shall be forwarded to the City Council within a period of 90
days after a preliminary plat has been submitted to the City Planning Department. The
City Council shall either approve or disapprove the proposed preliminary plat at a
public meeting.
5 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments
reviewed the proposed Subdivision. Their comments have been incorporated in the
Department's recommendation.
6. The subject property is located in the Northwest Planning Area of the city and
identified as Low Density Residential on the Port Angeles Comprehensive Plan land
use map.
7 The proposal has been reviewed with respect to the Comprehensive Plan. The
following Comprehensive Plan policies are found to be most relevant to the proposal.
Growth Management Element Goal A, Land Use Element Goal A, Policy A.2, Goal
B, and Policies B.1, B.2, B.3, and Goal C, Transportation Element Goal A, and
Policies A.6, and B.11, Utilities and Public Services Element Policy C.2; Capital
Facilities Element Goals A and B, and Policies B.1, B.3, B.4, B.5, B 6, B.7, C.2, C.3,
C.4, and C.5 (See Attachment B to staff report).
8. The Comprehensive Plan requires concurrency for streets, water service, sanitary
sewer service and electrical service (Capital Facilities Element Policy A.9).
9 The City's Comprehensive Plan (Land Use Element Policy B.3) states that
development should be designed to further the grid system pattern. Preliminary
approval will be based upon the dedication of right -of -way to ensure compliance with
the policy
10 The subject property is identified by the Port Angeles Zoning Map as Residential,
single family (RS -9), which allows a density of up to 4.84 dwelling units per acre.
The proposed drawing indicates that each lot in the proposed subdivision will be at
least 9,000 square feet in size. Proposed density is 3.9 units per acre.
11 The site is currently served by 14th Street. Fourteenth Street is neither an arterial
street, a designated school walking route, nor a designated bicycle route. Site
development will require dedication of right of way for the 16 Street frontage and
improvement to abutting rights of way (14` and 16 Streets) per Section 16.08.060
PAMC and the City's Urban Services and Standards Guidelines Transportation
Section Chapter 3B.10(A). Fourteenth Street frontage contains satisfactory right -of-
way width (70'). Site design includes the required sidewalk along the 14 Street
frontage.
Planning Commission Minutes
September 8, 1010
Page 18
12. No environmentally sensitive areas exist on the site. The site slopes downward from
the west to northeast, with the lowest point on the site occurring approximately 165
feet south of 14th Street along the east property line. The site is not considered a
frequently flooded area as it is not listed on the Federal Emergency Management Act
(FEMA) maps which denote those areas that are in 100 -year flood areas. Some
history of standing water exists in the area. A stormwater management plan is
required for site development that will address runoff within and from the site.
13 Transit service is available at the 14th and "N" Street intersection approximately 500
feet east of the site. "N" Street is a designated school walking route but is not as yet
developed with sidewalks in the area nearest to the proposed subdivision.
14 Building permits are required for all structures on the completed sites. Building and
Fire Codes in place at time of development shall be complied with during
construction including residential fire sprinkler systems. A note on the face of the
final plat indicating a requirement for residential fire sprinkler systems will be
required.
15 The Port Angeles School District has been notified of the development to allow them
to plan for needed public school facilities and routes.
16. The City's Parks Department is aware of the proposal but staff does not believe the
level of service for the area will be hampered as a result of the development. The
nearest City Parks and Clallam County recreation facilities are located approximately
one mile east of the site location.
17. All utilities including potable water, sanitary waste, and refuse collection are
available in the area.
18. The City's Police, Fire, and Public Works and Utilities Departments will service the
site. The location is outside of the City's four minute response area.
19 The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1276) on September 2, 2010, therefore satisfying the City's
responsibility under the Act.
20. The Port of Port Angeles Fairchild International Airport and industrial park are
located in the area south of the site. Port staff is aware of the proposed subdivision
proposal. Wording will be placed on the face of the final plat such that those who
purchase properties in the final subdivision will be aware of the existing on -going
airport operation.
21 Although site design indicates development to minimum Suburban standards, site
design indicates a standard full street width within Neil Court, the interior street.
Roadside ditches are proposed under low impact development standards, and as such,
abutting property owners are responsible for maintaining ditches, keeping them free
of debris and maintained in a neat manner
22. The Planning Commission's decision is a recommendation to the City Council. The
Commission acts as the City's hearing body for preliminary subdivision approval.
Reports are advisory to ensure conformance of the proposed subdivision to the
Planning Commission Minutes
September 8, 2010
Page 19
general purposes of the City's Comprehensive Plan and to planning standards and
specifications adopted by the City
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan and Zoning Code. Development per the City's Urban Services
and Guidelines is mandatory
B. As conditioned, the proposal is consistent with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, the Washington State Subdivision Act Chapter
58 17 RCW, and the City's Urban Services and Standards Guidelines.
C. As conditioned and proposed, appropriate provisions have been made for the public
health, safety, and general welfare, and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and
other planning features that assure safe walking conditions for students who only
walk to and from school.
D As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances.
The subdivision provides for development of new homes within the City of Port
Angeles consistent with the State Growth Management Act.
The motion was seconded by Commissioner Sue, and passed 5 -0.
COMMUNICATIONS FROM THE PUBLIC
None.
APPROVAL OF MINUTES
Commissioner Bruch moved to approve the August 11, 2010, regular meeting
minutes as presented. The motion was seconded by Commissioner Sue, and passed 5 -0.
STAFF REPORTS
Associate Planner Johns noted that the City had been awarded a $10,000 grant for an
urban forestry analysis. Staff will receive proposals for service in the next two weeks for
necessary work. He described what the resulting analysis would provide to the City He
discussed a draft Tree Ordinance he has been working on, and described the next steps in the
process to move forward with a Street Tree Inventory Program. Discussion followed
regarding such a program. He added that a Shoreline Master Program public forum update
will be conducted at the Vern Burton Community Center at 6 p.m., September 14, 2010
Director West stated that staff is moving forward with the Waterfront Transportation
Improvement Plan (WTIP) project and expects to have a schematic design from the
consultant by September 22, 2010 The consultants will be in Port Angeles the week of
September 20
Planning Commission Minutes
September 8, 2010
Page 20
REPORTS OF COMMISSION MEMBERS
Commissioner Bruch said that she would like to look at the City's sidewalk
requirements and asked that the Public Works and Utilities Department review stormwater
issues. Planner Johns discussed sidewalk requirements as they related to the Comprehensive
and Urban Services plans. Director West discussed the changes that would need to be made
to require sidewalks on both sides of the street. Chair Matthews asked questions regarding
Commissioner Reiss' absence and the notification process if Commissioner Reiss resigned.
ADJOURNMENT
The meeting adjourned at 9:50 p.m.
Sue Roberd Secretary
PREPARED BY City Clerk J Hurd
1
John Matthews, Chair