HomeMy WebLinkAboutMinutes 09/09/2009PTAEJES
W A S H I N G T O N U S A.
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 9, 2009
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance Led by the Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of August 26, 2009
IV. PUBLIC HEARINGS:
1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -02
MOBILISA, Port Angeles Harbor: Request for a shoreline substantial development
permit to allow placement of an environmental buoy in the Port Angeles Harbor
approximately 70' of water northwest of the Rayonier Mill site.
2. MUNICIPAL CODE AMENDMENT MCA 08 -04 CRONAUER, Amendment
to the Residential Medium Density (RMD) zone: Proposal to amend the RMD zone
to permit light commercial uses.
3. CONDITIONAL USE PERMIT CUP 09 -06 HILGREN, 711East Second
Street: Request to permit an outreach center in the Commercial Office zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS Doc Reiss (Chair), John Matthews (Vice Chair); Werner Beier, Mike Caudill, Tim Boyle, Carla Sue, Nancy Provers.
PLANNING STAFF Nathan West, Director, Sue Roberds, Planning Manager, Scott Johns, Associate Planner, Roberta Korez, Assistant Planner
ROLL CALL
Members Present: Nancy Powers, Carla Sue, Mike Caudill, Doc Reiss, John
Matthews
Members Excused: Werner Beier
Staff Present: Scott Johns, William Bloor, Heidi Greenwood, Roberta
Korcz, Sue Roberds
Public Present:
APPROVAL OF MINUTES
Commissioner Powers noted a typographical correction and with the correction,
motioned to approve the August 26, 2009, regular meeting minutes as presented. The
motion was seconded by Commissioner Boyle and passed 6 0.
PUBLIC HEARINGS:
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 9, 2009
6:00 p.m.
Jim Rabb, Pam Fosnes, Susan Hilgren, Margie Bauer, Dave
Hill, Brad Collins, Paul and Sarah Cronauer, Cookie
Kalfur, Cheryl Mantle
Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements.
Following review of the questions, all Commissioners responded for the record that they had no
appearance of fairness or conflict of interest issues with regard to the pending applications.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -02
MOBILISA, Port Angeles Harbor: Request for a shoreline substantial development
permit to allow placement of an environmental buoy in the Port Angeles Harbor
approximately 70' of water northwest of the Rayonier Mill site.
Associate Planner Scott Johns reviewed the Department Report recommending approval of the
shoreline substantial development permit with one condition. There being no questions, Chair
Reiss opened the public hearing.
Jim Rabb, 191 Otto Street, Port Townsend, WA 98368 explained that the data gathering buoy
project is a joint venture with the U.S. Navy The buoy will collect environmental data including
weather information, mineral content of the water, oil spill detection, and more. The project is
currently sustained for 5 years through a grant. Data will be made available to the public and can
be accessed via the Internet.
Planning Commission Minutes
September 9 2009
Page 2
Following brief questions from the Commission regarding the process and location of the buoy,
and there being no further questions, Chair Reiss closed the public hearing.
Commissioner Caudill moved to approve the shoreline substantial development permit
with one condition, citing the following findings and conclusions in support of the action:
Condition
1 The applicant shall obtain all necessary permits from local, state and federal agencies
prior to installation of the buoy Verification of permit issuance shall be supplied to the
City prior to placement.
Findings
Based on the infornation provided in the September 9, 2009 Staff Report for SMA 09 -02
including all of its attachments, comments, and information presented during the public hearing,
and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1 An application for a shoreline permit was submitted by the City of Port Angeles, on July
23, 2009, for the replacement of a floating buoy to collect environmental data in the Port
Angeles Harbor The application indicates that the work will occur approximately 2,500
feet northeast of the end of the Rayonier mill pier The project will be completed in a
single phase. The buoy will be anchored to the bottom using four 500 pound mushroom
anchors and 250 feet of anchor chain. The applicant is Intellicheck Mobilisa, Inc.
2. A Determination of Non Significance was issued by the City of Port Angeles SEPA
Responsible Official for the proposal on September 2, 2009, following close of the
written public comment period.
3 Notice of the project was published in the Peninsula Daily News on July 30, 2009
Notice of the proposal was mailed to property owners within 300 feet of the project site
on July 28, 2009 The site (the nearest public access to the marine site is at the City Pier)
was posted on July 30, 2009 No written public comments were received by the
Department of Community and Economic Development during the public comment
period that ended on August 21, 2009
4 The Port Angeles Shoreline Master Program, Comprehensive Plan, and critical areas
ordinances have been reviewed with respect to this application.
5 The site is designated Industrial on the City's Comprehensive Plan Land Use Map, and
Aquatic- Harbor in the City's Shoreline Master Program.
6. City's Shoreline Master Program, Chapter 5 Section H. (Environmental Designation
Matrices) indicates both commercial and industrial water dependent uses are permitted in
the Aquatic Harbor designated areas. The following adopted Shoreline Master Program
policies are most relevant to the proposed project: Chapter 4, Regulations D -7 through 9,
11, Chapter 5, Policy F -5
7 The following adopted Comprehensive Plan policies are the most relevant to the
proposed project: Land Use Element Goal A, Policy No. 2.
8. The proposed project will not interfere with public access to the shoreline.
Planning Commission Minutes
September 9, 2009
Page 3
9 The data gathering equipment and signal light will be solar and wind powered with a
storage battery reserve. No emissions to the air or the water are anticipated from the
buoy project.
Conclusions
Based on the information provided in the September 9, 2009, Staff Report for SMA 09 -02
including all of its attachments, comments and information presented during the public hearing,
the Planning Commission's discussion and deliberation, and the above listed findings, the City of
Port Angeles Planning Commission hereby concludes that:
A. The proposed project as conditioned, is consistent with the City Comprehensive Plan,
Land Use Map, and Shoreline Master Program.
B The project will not be detrimental to the shoreline. No structural installation will occur
uplands of the Ordinary High Water Mark.
C. The project will not create adverse impacts to environmentally sensitive areas, critical
habitats or species.
D As conditioned, the proposed project will not adversely interfere with public use of lands
or waters and is in the public interest as it will provide information gathering
opportunities for the harbor area.
Commissioner Sue seconded the motion that passed 6 -0.
MUNICIPAL CODE AMENDMENT MCA 08 -04 CRONAUER,
Amendment to the Residential Medium Density (RMD) zone: Proposal to
amend the RMD zone to permit light commercial uses.
Brad Collins, 2211 West 6 Street represented the applicants Paul and Sarah Cronauer Mr
Collins asked for a continuance of the hearing as, due to the Labor Day holiday, the applicants
had been unable to discuss the staff report contents with staff. The staff report was received late
the previous week, and upon reading it, it became apparent that an incorrect version of the
application had been submitted. He asked for a continuation of the hearing to work on various
issues with staff.
Attorney Bloor responded to Chair Reiss in the matter, and stated that, on behalf of Director
West who could not be present, the City objects to a continuation. Attorney Bloor outlined
staff's efforts to work through points of the application with the proponents over the past eleven
months and noted that staff had informed the applicants on several occasions that they could not
support the proposed code amendment. Staff believes that it is time to act on the application on
its own merits and not continue this application process. The City is ready to proceed with the
matter. The proponents should present the application or withdraw it.
Paul Cronauer, 806 Milwaukee Drive stated that he has read two versions of the staff report.
He asked to withdraw the application at this time.
Chair Reiss accepted Mr Cronauer's request to withdraw the application. The Chair moved to
the next item on the agenda.
Planning Cammiss,on Minutes
September 9 2009
Page 4
At this point Commissioner Sue announced that she had an appearance of fairness issue with
the next issue. She left the meeting Chair Reiss reviewed the quasi judicial public hearing
guidelines and qualifying statements for the remaining five Commissioners. Following review
of the questions, the remaining Commissioners responded for the record that they had no
appearance of fairness or conflict of interest issues with regard to the next pending application.
CONDITIONAL USE PERMIT CUP 09 -06 HILGREN, 711East Second
Street: Request to permit an outreach center in the Commercial Office zone.
Associate Planner Scott Johns reviewed the Department report recommending approval of the
conditional use permit with conditions.
Commissioner Boyle asked how the operation would be analyzed. Planner Johns responded that
the applicant could best answer that question. Mr Johns added that violations of the City's
Municipal Code are enforced by Code Enforcement personnel.
Susan Hilgren, 12 Pierce Road, Port Angeles, WA said that there would be a minimum of
three qualified volunteers present during hours when youth and young adults are served at the
proposed outreach center She anticipated 25 to 30 youth/young adults could be served within
the first year In response to Commissioner Powers, Ms. Hilgren responded that the age group of
those served can be from 13 to 24 years of age but is most likely to be in the17, 18, 19 year age
range from past experience.
In discussion regarding whether the "kids" referred to are youth or young adults, Ms. l- Iilgren
said she considers those served by the outreach center to be kids because they are younger than
middle age. All of those served are needy in spirit.
Ms. Hilgren distributed three letters of support from Jim Borte, Project Coordinator, Clallam
County Sheriff's Department, Patsy Feeley, and David Hull, President Board of Trustees, Unity
of the Olympics, Port Angeles, that were read into the record by Planning Manager Sue Roberds.
In response to Commissioner Boyle, Ms. Hilgren said that she absolutely counsels those served
of the need to seek gainful employment. She and other volunteers help to teach those served
how to fill out applications and handle job interview and responsibility situations.
In response to Commissioner Reiss, as to what the proposed outreach center would provide that
the existing DreamCenter does not offer, Ms. Hilgren stated that the DreamCenter offers only a
place to stay, the outreach center hopes to also provide spiritual needs and follow through with
teaching those served how to deal with every day issues and become responsible citizens. The
outreach center will operate on a limited basis due to the need to provide adequate supervision
when open. Hours of operation will be Monday, Wednesday, and Friday from 3 p.m. to 7 p.m.
and Saturday 4.30 p.m. to 6.30 p.m. The center will be locked when there are not volunteers
present to supervise. She asked if AA meetings and /or a daycare center would be possible at the
site.
Pam Fosnes, 1028 East Seventh Street addressed the Commission regarding the location of the
outreach center in relationship to other uses in the area. A glass recycling center and other light
Planning Commission Minutes
September 9 2009
Page 5
industrial uses are found east of the proposed location in the immediate vicinity, a park is south
across the street, an active commercial corridor is across the alley to the north, and apartment and
residential uses are east. This is not a quiet area at present as has been stated by public comment
in the staff report. Many kids already frequent the area. Ms. Hilgren is a licensed counselor who
has worked with families and youth issues for many years. She is passionate about her work and
serving youth. She helped start the DreamCenter and will supervise volunteers at the proposed
center Ms. Fosnes stated that she is a registered nurse who is trained in assessing physical and
psychological needs. If it is perceived that there is a need that cannot be addressed by the
volunteers, they will not hesitate to refer to another responsible professional. The volunteers are
respectful of veterans' needs and those of needy people seeking help. Music will only be of the
sort conducive to relaxation and will be kept inside the structure, not in the parking area, or such
that it can be heard outside the building. Loud music is not conducive to quality conversation.
David Hall, 343 Hause Road, Port Angeles, WA is a volunteer with the center He is a
licensed emergency medical technician and retired from the Air Force. He has worked with
outreach centers and is anxious to work in this program as a supporting volunteer Those served
will be taught respect, responsibility, and will be monitored as to their progress and short
comings with love and respect in return. Other centers offer only support for the physical
person. This outreach center will support the physical and spiritual needs of those served.
Carey Canby, 712 East Second Street lives in the neighborhood. She asked why the location
was chosen and why the DreamCenter is not satisfactory? It doesn't seem that another center is
needed such a short distance apart. She objected to the activity and thought that some of her
other neighbors felt the same who had not come to the meeting.
In response to Chair Reiss, Ms. Hilgren responded that most of the volunteers previously worked
at the DreamCenter
There being no further testimony or questions, Chair Reiss closed the public hearing.
Commissioner Caudill asked staff how concerns would be tracked. Attorney Greenwood
answered that Pen Com would record any complaints reported to the Police Department and
Municipal Code issues such as noise, would be investigated by either the Police Department or
the City's Code Enforcement personnel.
Chair Reiss re opened the public hearing to those who had arrived late to the meeting.
Cookie Kalfir, 221 Mt. Pleasant Summit, Port Angeles, WA stated that she is the principal of
Choice School. The proposed center is not a drug abuse facility The area will be significantly
improved from what is there now The outreach center does not recognize barriers but serves the
whole person, not just the physical person.
There being no one else wishing to speak, Chair Reiss once again closed the public hearing.
Commissioners Matthews and Boyle were concerned regarding the method of reporting activities
at the center Other Commissioners spoke regarding the need for assistance in the community
with social issues and stressed that, if approved, strict conditions would need to be observed by
Planning Cammzssmn Minutes
September 9 2009
Page 6
those served to be respectful of other uses in the area. Tunes of operation would need to be
strictly adhered to.
Chair Reiss noted that he was familiar with Cookie Kalfir and her work as principal of Choice
School.
Planning Manager Roberds noted that this is a land use issue and the matter must be decided on
its merits relative to land use impacts.
Commissioners continued to discuss the need for monitoring activities at the site and its location
in a mixed commercial location with a mix of office and residential uses as well. Commissioner
Matthews thought that a review period could be helpful to ascertain progress and impacts that
may not have been considered.
Commissioner Caudill moved to approve the conditional use permit subject to 2 conditions,
and citing 12 findings and 4 conclusions in support of that action as follows:
Conditions
1 The permit shall be issued for a period of one year To evaluate neighborhood impacts, a six
month progress report will be submitted for review by the Planning Commission. The
applicant shall submit a letter requesting review and subsequent extension of the conditional
use permit no less than 2 months prior to the end of the one -year approval period (no later
than the first week of July, 2010) to provide staff adequate time to notice, review, and
schedule appropriate meetings for consideration of extension of the permit.
2. Hours of operation shall be limited to 3 p.m. to 7 p.m. Monday, Wednesday, and Friday, and
4.30 6.30 on Saturday
Findings
Based on the information provided in the Community and Economic Development Staff
Report for CUP 09 -06 dated September 9, 2009, 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 Susan Hilgren submitted Conditional Use Permit application CUP 09 -06 to locate a youth
outreach center at 711 E, 2nd Street.
2. The site is zoned Commercial Office.
3 The Comprehensive Plan designates the site as Commercial. Adjacent designations are also
Commercial, with nearby designation including Open Space and Low Density
Residential. The site is located in the City's North Central Planning Area. Development
in the surrounding area includes a wide variety of commercial uses, both low and high
density residential uses, and a park.
4 Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional
use permit uses as specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission Minutes
September 9, 2009
Page 7
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.
5 City staff has determined that the proposed use is compatible with the intent of the zone and
can be considered for approval by conditional use in the Commercial Office zone.
6. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use
Element, Land Use Map Goal A, Policies 1 2, Commercial Goal D, Policy 2, Utilities
and Public Services Element, Goal B, Policy 3, Economic Development Element, Goal
A, Policy 8, were found to be most relevant to the proposal.
7 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. Reviewing City Departmental comments were considered in the review of this application.
No objections or concerns were raised by reviewing departments.
9 Notification of the proposed action and conditional use permit application was placed in the
Peninsula Daily News on August 17, 2009 Public notice was mailed to property owners
within 300 feet of the subject property on August 14, 2009 Notice of the proposal was
posted on the site on August 18, 2009 Three public comment letters were received
during the public comment period. The letter writers all were concerned about the level
and quality of supervision provided at the center, the nature of activities to be offered by
the center and how the activities may affect existing neighborhood activities, and that the
clientele described in the application materials would bring an increase of adverse or
disruptive social issues and behaviors to the neighborhood.
10. Application materials indicate the hours of operation will be from 3 p.m. to 7 p.m.
Monday, Wednesday, Friday, and 4.30 p.m. to 6 p.m. on Saturdays. Application
materials further indicate that the center's mission and intent is to mitigate and reduce the
source of the adverse social issues and behaviors through education, counseling, and
access and direction to community resources.
11 A Determination of Non Significance was issued for this proposed action on September
2, 2009
12. The Planning Commission opened a public hearing on the proposal at the September 9,
2009, regular meeting.
Conclusions
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 09 -06 dated September 9, 2009, including all of the
Planning Commission Minutes
September 9 2009
Page 8
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 The proposal is consistent with other uses permitted and with the purpose of the
Commercial Office zone described in 17.20 010 PAMC
2. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan,
specifically with Land Use Element, Land Use Map Goal A, Policies 1 2; Commercial
Goal D, Policiesl 2; Utilities and Public Services Element, Goal B, Policy 3,
Economic Development Element, Goal A, Policy 8
3 The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050
4 As conditioned, the proposal will allow a drop -in center for youth and young adults to be
located and operated at 711 E. 2nd Street in Port Angeles, with specified hours of
operation and operational characteristics. The condition provides for review period to
ensure that negative impacts can be addressed if they occur
The motion was seconded by Commissioner Boyle and passed 5 0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Planner Johns reported that the P.A. Forward Committee would be reviewing the AIA SDAT
recommendations at their meeting on September 10, 2009
REPORTS OF COMMISSION MEMBERS
Commissioner Caudill asked staff to investigate the use of storage containers in the City He has
viewed several that he believes are in violation of City Code.
ADJOURNMENT
The meeting adjourned at 8 p.m.
Sue Rober. Secretary
PREPARED BY S. Roberds
Doc Reiss, Chair
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