HomeMy WebLinkAboutMinutes 09/11/2002
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I.
~ORTANGELES
WAS H I N G TON, U. S. A.
DEP AR TMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
September 11,2002
CALL TO ORDER
7p.m.
n. ROLL CALL
In. APPROVAL OF MINUTES: Meeting of August 28, 2002
IV. PUBLIC HEARINGS:
1.
CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BruLE CHURCH.
116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential
Single Family zone. (Continue to December 11,2002.)
2. CONDITIONAL USE PERMIT - CUP 02-11- BELIEVER'S RESOURCE CENTER-
1018 West Sixteenth Street: Request for a conditional use permit to allow a church use to be
established in the RS-7, Residential Single Family zone.
3. CONDITIONAL USE PERMIT - CUP 02-10 - AMUNDSON. 507 North Liberty Street:
Request to allow a day care center in the RS-7, Residential Single Family zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS: Chuck Schramm (Chair), Fred Hewins (Vice), Fred Norton, Bob PhilpOlt, Mal)' Craver, Rick Porler, Len Rasmussen
PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Suc Roberds, Assistant Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 11, 2002
7:00 p.m.
ROLLCALL
Members Present:
Fred Hewins, Bob Philpott, Chuck Schramm, Mary Craver,
Leonard Rasmussen
Members Absent:
Fred Norton, Rick Porter
Staff Present:
Sue Roberds and Scott Johns
Public Present:
Carl and Ramona Amundson, Lea Amundson, Jessica
Radabaugh, Chassy Amundson, Nancy Martin, Earl
Medley, Tom and Denise Bryant, Claude Creelman, Frank
and Alice Donnelly, Rita Erdmann, Althea Kate
APPROVAL OF MINUTES
. Commissioner Philpott moved to approve the August 28, 2002, minutes as presented. The
motion was seconded by Commissioner Hewins and passed 4 - 1 with Commissioner
Craver abstaining due to her absence at the meeting.
Chair Schramm opened the public hearing portion ofthe meeting by noting that those who testify
must sign an oathe stating that the infonnation being presented is true to the best of their
knowledge.
PUBLIC HEARINGS:
CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE
CHURCH. 116 East Ahlvers Road: Request to allow the expansion of a church
use in the RS-9, Residential Single Family zone by the addition of a 6,000 square
foot office structure, a 27,000 square foot family life center, and a sports
playground. (This item will be continued to December 11, 2002.)
Chair Schramm opened the public hearing and indicated staffs memorandum stating that
because a Detennination of Significance (DS) had been issued for the application, staff is
suggesting that the issue be continued to the December 11, 2002, regular meeting to enable the
applicant time to respond to the DS.
Commissioner Philpott moved to continue the public hearing to December 11, 2002, 7 p.m.,
City Hall. The motion was seconded by Commissioner Craver and passed 5 - O.
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Planning Commission Minllles
September II, 1002
PI/ge2
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CONDITIONAL USE PERMIT - CUP 02-09 - BELIEVER'S RESOURCE,
1018West 16th Street: Request to allow a church use in the RS-7, Residential
Single Family zone.
Associate Planner Scott Johns reviewed staffs report recommending approval of the application.
Chair Schramm opened the public hearing.
Tom Bryant, 814 West Twelfth Street, represented the applicant and was present for questions.
He indicated that the property had most recently been used for a church activity and nothing
about the previous use would be changed. Parking is available on-site for the activity. In
response to a question from the Commission, Mr. Bryant answered that there are no sidewalks on
the property or in the area.
Commissioner Hewins explained the LID process to the applicant which could provide for
amenities such as sidewalks in the area in the future.
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There being no further testimony or questions, Chair Schramm closed the public hearing.
Commissioner Rasmussen moved to approve the conditional use permit citing the following
conditions, findings and conclusions:
The Department recommends the Planning Commission approve Conditional Use Permit CUP
02-09 subject to the following 3 conditions of approval and based on the following 12 findings
and 8 conclusions:
Conditions:
1. The applicant shall meet the pennitting and utility requirements, including the
provision of 15 off-street parking spaces.
2. The parking spaces shall be striped and equipped with curb stops per City
standards.
3. The applicant shall install a solid wood fence or landscaping along the west lot
line to provide screening of the proposed church activities from the adjacent
residential use.
Findings:
Based on the information provided in the Department Staff Report for CUP 02~09 dated
September 11, 2002, including all infonnation in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed condition of approval, the City of Port Angeles
Planning Commission hereby finds that:
1. The applicant Believer's Resource Center submitted a Conditional Use Permit
application for a church on July 26, 2002.
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2.
The application is for a conditional use permit for locating a church on an RS-7
Residential Single Family zoned property.
Planning Commission Minutes
September J J. 2002
Page 3
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The subject property is located in at 1018 west 16th Street between "c" and "D"
Streets. The property is legally described as Lots 4, 5, and 6, Block 441,
Townsite of Port Angeles and is 150 x 140 feet (21,000 square feet) in size.
4. The subject property contains an existing, one-story building that was originally
built as a church in 1966. The structure is approximately 2,160 square feet in size,
and the lot coverage is 10.3% and well below the allowed maximum of35%.
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5. PAMC 14.40.060(D) requires 1 parking spaces per each 6 seats in the chapel.
The subj ect property has a paved area for parking, however the spaces are not
marked.
6. The Comprehensive Plan indicates the site to be located along an imprecise
margin between areas designated Low Density Residential, High Density
Residential, and Commercial.
7. The property is zoned RS-7 as well as properties to the west, and north. The
properties to the east and north and south along "c" Street are zoned Commercial
Neighborhood. The parcel to the south, across the 16/17 alley is zoned
Residential, High Density.
The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by
18 feet in length and that one off-street parking spaces be provided for each six
seats in the chapel area under P AMC 14.40.030.
8.
The Comprehensive Plan's Land Use Element Goal C, states, "To have a
community of viable districts and neighborhoods with a variety afresidential
opportunities for personal interaction, fulfillment and enjoyment, attractive to
people of all ages, characteristics and interests." and Policy C1 states,
"Residential land should be developed on the district and neighborhood concept.
Although such districts may be composed primarily of residential uses of a
uniform density, a healthy, viable district should be composed of residential uses
of varying densities which may be augmented by subordinate and compatible
uses. Single family and multi-family homes, parks and open-spaces, schools,
churches, day care and residential services, home occupations, and district
shopping areas are all legitimate components of district development and
enhancement. A neighborhood should be primarily composed of low, medium, or
high density housing."
I O. A Determination of Non-Significance was issued for this proposed action on
September 5, 2002.
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11. The Public Works and Utilities Department commented, "The existing asphalt
parking will require parking stalls designed to City standards with curb stops."
12.
No written comments were received on the proposal by August 19,2002, the end
of the public comment period provided for in the legal notice.
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P/mming Commission Minutes
September J I. 2002
Page 4
. Conclusions:
Based on the information provided in the Department Staff Report for CUP 02-09 dated
September 11,2002, 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 condition of approval and the above listed findings,
the City of Port Angeles Planning Commission hereby concludes that:
1. A church can be allowed in the RS-7 zone as a conditional use.
2. As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's
Land Use Element Goal C and Policy Cl.
3. The Comprehensive Plan allows for subordinate and compatible uses within
different zones, including residential zones. It also specifies that churches should
be allowed in certain zones by conditional use approval in order to provide viable
districts and neighborhoods.
4. The proposed use, a church, is consistent with the purpose ofRS-7 zone, as it is
compatible with adjacent residential and commercial uses. If the proposed use
complies with certain definitions and the design and performance standards set
forth by the Zoning Code, then it can be deemed consistent with the Zoning Code.
As conditioned, the proposal is consistent with the intent and purpose of the RS-7
zone.
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6. As conditioned, the proposal is consistent with the requirements for approval of a
conditional use pennit as specified in PAMC 17.96.050.
7. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC
14.40.
8. As conditioned, the proposal is in the public use and interest.
The motion was seconded by Commissioner Craver.
Brief discussion ensued on the issue of requiring a non protest LID for sidewalk improvements.
It was decided that sidewalks would not be required and the motion passed 5 - O.
CONDITIONAL USE PERMIT - CUP 02-10 - AMUNDSON. 507 North
Liberty Street: Request to establish a day care center in the RS-7, Residential
Single Family zone.
Associate Planner Scott Johns reviewed the Department report recommending approval of the
conditional use permit and responded to questions from Commissioner Rasmussen regarding
permitted uses in the Industrial Light and Industrial Heavy zones which are located north of the
. subject property. Chair Schramm opened the public hearing.
Assistant Planner Sue Roberds responded to Chair Schramm as to the issue of use of the
north/south alley that is contained within the block where the daycare is to be located and is
referred to in the applicant's description of building area.
Planning Commission Minutes
September 11, 2002
Page 5
. Mary Amundson, 1308 South "A" Street, is currently providing a more limited day care service
at her residence and is hoping to establish the larger subject day care center as proposed. She has
been looking for a larger property for some time and believes the subject site will provide a
needed service the east side of the City. She provided a revamped site plan to address staffs
concerns regarding parking and access issues. Clients will use transit services which are located
three blocks away. She expects her clients will use Ennis Street as the main access street for the
use because of the stoplight. Five staff will be employed but will not be on-site all at once. Her
mother lives across the street and should be the only residence that may be affected by the day
care on-site activities. It is not anticipated that noise will be generated that would disrupt normal
residential uses. The maximum number of children will be 40 but it is expected that an average
number will be 25 to 30.
NallCY Martill, 2340 Samara Place, represented Parent Line, a non profit referral agency for day
care needs and spoke in favor of the proposal. Ms. Martin stated that 2300 school aged children
are enrolled in Port Angeles schools with 1288 of that number being between the ages of 5 and
12. Although the day care need is great given those numbers, there are only 336 licensed
openings for day care in the City of Port Angeles. The proposed area is prime for a day care
center use and will serve day care needs for the east portion of the City. The City has a
procedure for complaints to be made in the event that neighbors do not feel that conditions are
being met or that noise is greater than tolerable. The community needs safe, reliable, child care
providers, and Mrs. Amundson's current operation is such a use.
. RamOlla Amulldson, 1306 Columbia Street, lives directly across the street from the proposed
residence and spoke in favor ofthe proposal. She does not fear noise from the activity and
expects that any sounds that are heard will be mostly happy sounds. The use will provide an
adequate, safe, secure place for children to stay while their parents work or go to school.
Mr. Claude Creelman, 1101 East Second Street, spoke against the proposal. He owns property
at 1219 East Columbia Street and although he had no concern with the use he was concerned
with the location being on a steep bluff and listed traffic as a major concern. With a potential of
40 cars twice daily, the street would become even more hazardous than it currently is. The area
experiences many traffic accidents because the intersections are not marked. He also expressed
concern that the development ofthe previous Rayonier Mill site could result in negative impacts
to the use and to increased traffic in the area. Sidewalks are not provided in the neighborhood
and the site is the location where traffic bottles up in the area due to the bluff being located north
and east of the site. He is very concerned with the increase in traffic. The use will ruin the
neighborhood.
Chrissy Amundson, 1308 Soutlt HA" Street, indicated that the revised site plan shows that the
outside play area is completely attached by fencing to the structure. Children will not be able to
leave the site without being escorted out by an adult. It is not anticipated that children will be
outside of the structure more than they will be inside the facility as there will be many
opportunities for inside group activities. People working in the center are not typical babysitters
but should be referred to as day care professionals who are trained and look forward to working
with children, not just watching them as a past time.
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Planning Commission Minutes
September 11. 2002
Page 6
. Commissioner Craver asked if children could get out ofthe fence area. Ms. Amundson
responded that it would be difficult to get out of or over the fence because (I) the children are
supervised; and (2) the fence is totally attached to the structure with two locking gates. The bluff
area is 25'+ from the residence. There will be fencing around the entire perimeter with the
exception of the parking area.
Earl Medley, 1218 Water Street, agreed that there are an unusual number of vehicle accidents in
the area due to unmarked intersections. Intersections in the area need to be marked and stop
signs placed with or without the proposed use. He objected to the day care use and agreed with
Mr. Creelman's reasoning.
Rita Erdmallll, 735 West Sixth Street, represented Ms. Cecilia Fryer who has recently purchased
property in the neighborhood but who has not moved here yet. Ms. Fryer purchased the property
with the expectation that this would be a quiet neighborhood and believes that the proposed day
care use will interrupt that situation. Traffic will increase substantially and activities emanating
from the use will be disruptive. The Fryers wish to submit an objection to the proposed use.
Commissioner Rasmussen asked Ms. Erdmann ifher client is aware that property in the area is
zoned Industrial Light and read some of the uses that could occur in the event those properties
are developed as Industrial Light. Ms. Erdmann responded that traffic mitigation is a major
concern.
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Dale Cushman, 733 West 14th Street, is a neighbor to Mrs. Amundson's current day care
activity. He testified that traffic is negligible. Current child unloading occurs between 7 :00 and
8:00 A.M. but is pretty orderly and quiet. For the most part pick up occurs between 4:00 and
5:00 P.M. , and once more is done in an orderly manner so is not a neighborhood issue. He has
never heard any of the neighbors complain. Mrs. Amundson's operation is quiet and well
supervised from what he caD see.
Mary Amundsoll, 1308 South "A" Street, has a good deal of day care experience and is aware
that the bluff on the property will present special needs. She will have a geo tech study done as
is required by staff for development of such a property. She does not believe that traffic will be a
problem to residents as a result of the use.
There being no further testimony, Chair Schramm closed the public hearing.
Commissioner Philpott was impressed with the applicant's attention to detail in planning for the
use and noted that she has proposed going beyond the minimum requirements for such a use in
her development plans.
Commissioner Rasmussen noted Industrial Light uses which could locate in the area and stressed
fencing and parking issues.
Commissioner Craver agreed that no fence is needed around the parking lot area. She believes
the location is ideal for a day care use.
Commissioner Hewins did not believe that traffic impacts will exceed the design standards for
streets in the area and didn't see that the bluff should cause any real concern given the applicant's
awareness ofthe site and plans to fence and supervise.
Commissioner Philpott asked if sidewalks should be considered. The general consensus was that
as there were no other sidewalks in the area to connect to, because the site is not zoned
Planning Commission Minutes
September I J. 2002
Page 7
. commercial nor on a school walking route, sidewalks should not be required.
There being no further discussion, Chair Schramm closed the public hearing.
Commissioner Hewins moved to approve the conditional use permit with the following
conditions, findings, and conclusions:
Conditions:
4.
1. The applicant shall provide a minimum of five parking spaces for employees and
two parking spaces for pick-up and drop-off. All parking shall be paved with
asphalt and striped to meet City standards.
2. The applicant must apply for and be issued a Clearing and Grading Permit prior to
the start of construction for the parking area.
3. The applicant shall provide a parking plan showing the appropriate number of
parking spaces (including handicapped parking), location of ingress and egress
from the parking area, travel patterns through the parking area, and stormwater
drainage plans meeting the requirements ofthe Public Works and Utilities
Department. These plans must be submitted prior to issuing a Clearing and
Grading Permit for the construction ofthe parking area.
The parking and loading area shall be designed for one-way vehicle movement
with separate ingress and egress points.
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Play areas shall be fenced and separated from the steep slopes, driveways, and
parking areas.
6. Soils in outdoor play areas shall be tested for content of potentially hannful
materials resulting from the proximity to the Rayonier mill site.
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7. No new development, either structures or paving may be any closer than 25 feet
from the top of the bluff that is located on the site. Any proposed development to
be located within the 25-foot buffer must be accompanied by a Geo-technical
Report indicating that such development will not cause the bluff to become more
unstable.
Findings:
Based on the information provided in the Planning Department Staff Report for CUP 02-
IOdated September 11, 2002, 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 condition of approval, the City of Port
Angeles Planning Commission hereby finds that:
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The applicant Mary Lea Amundson submitted a Conditional Use Permit
application to establish a Child Day-Care Center on August 16, 2002.
4. The application is for a conditional use permit to use an existing single family
residential unit on an RS-7 Residential Single Family zoned property for a Child
Day-Care Center.
3.
P/nnning Commission Minutes
September ll. 2002
Page 8
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The site contains an environmentally sensitive area. The top of the Ennis Creek
ravine fonns a steep bluff that runs through the property on a north/south line.
PAMC 15.20.070.B.2. requires a 25-foot buffer of undisturbed vegetation to be
established at the top of marine bluffs and ravines.
6. Section 17.17.08.020 - "C"(C) of the Port Angeles Municipal Code defines a
Child day-care center as "a child day-care center provides for the care of 13 or
more children. The child day-care center shall not be located in a private family
residence unless the portion of the residence where the children have access is
used exclusively for the children during the hours the center is in operation or is
separated from the ususalliving quarters ofthe family."
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7. The subject property is located in the 500 block of North Liberty Street between
Water and Columbia Streets. The property is legally described as Lots 10 to 19
inclusive in Block 2 of Cain's Addition of Suburban Lot 36, together with vacated
alley and Lots 14, 15, 16, 17, 18 and is approximately 52,640 square feet in size.
8. The subject property contains an existing, one-story single family residence that
has approximately 1,338 square feet of floor area and an existing two-car garage
that has a footprint of approximately 440 square feet. In total, the lot coverage is
1,778 square feet, or 7% and well below the maximum of 30%.
PAMC 14.30.030(E) requires 1 parking space per employee and two parking
spaces for pick-up and drop-off of children for child day-care center serving more
than 12 children. The applicant indicated that there would be 5 employees at the
day-care center.
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10. The Comprehensive Plan designates the site as Commercial (C). Adjacent
designations include Commercial to the west and south, Open Space (OS) to the
east and Industrial (I) and Medium Density Residential (MDR) to the north.
11. The property is zoned RS7 and Public Buildings and Parks. Properties to the west
and south are also RS-7. To the north is zoned Industrial Light at the top of the
bluff and Industrial Heavy below the bluff. The area adjacent to the north and
east is zoned PBP Public Buildings and Parks, and is the Ennis Creek ravine and
marine bluff.
12. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by
18 feet in length and that one off-street parking space be provided for each
employee of a child day-care center and two parking spaces be provided for
unloading under PAMC 14.40.
13. The site is located in an area designated Commercial on the Comprehensive Plan
Land Use map and is in the Eastern planning area. The Comprehensive Plan's
Land Use Element Policies Cl and Dl are the most relevant to the application.
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14.
A Determination of Non-Significance was issued for this proposed action on
September 5, 2002.
Planning Commission Minutes
Seplember J J, 2002
Page 9
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The Public Works and Utilities Department commented, "1) The proposed
parking lot is to be asphalt paved with storm drainage detention, parking lot catch
basin with oil separator "T". Discharge drainage to storm drain at Columbia and
Liberty Streets. No discharge over the hill side. 2) Submittal of a parking plan
layout will be required. Show required number ofparking stalls, including
handicap. Design to City standards. 3) EasUWest alley js not vacated as shown
on sketch. The North/South alley adjacent to Lots 14-18 is vacated per Ord. 607."
16. Three written comments were received on the proposal prior to the completion of
this staff report. September 10, 2002 is the end of the public comment period
provided for in the legal notice.
15.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 02-10 dated
September II, 2002, including all of the information in the public record file, comments,
and testimony presented during the public hearing, the Planning Commission1s
discussion and deliberation, and the above listed condition of approval and the above
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's Commercial Land Use Designation, the Comprehensive Plan's Land Use
Element Policies C1 and Dl.
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The Comprehensive Plan allows for subordinate and compatible uses within
different zones, including residential zones. It also specifies that Child Day-Care
Centers should be allowed in certain zones by conditional use.
3. The proposed use, a Child Day-Care Center, is consistent with the purpose ofRS-
7 zone, as it is compatible with adjacent residential uses, in that family child care
needs will be served. If the proposed use complies with certain definitions and
the design and performance standards set forth by the Zoning Code, then it can be
deemed consistent with the Zoning Code.
2.
4. As conditioned, the proposal is consistent with the definition of Child Day-Care
Center under P AMC 17.08.020(C) and the purpose of the RS-7 zone.
5. As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMe 17.96.050.
6. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC
14.40.
7. As conditioned, the proposal is in the public use and interest.
The motion was seconded by Commissioner Philpott and passed 5 - O.
The Commission took a break: at 8:45 P.M. The meeting reconvened at 8:50
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Planning Commission Minutes
September J J. 2002
Page 10
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
None.
REPORTS OF COMMISSION MEMBERS
Commissioner Schramm noted for the record the cities in Washington that provide "off-leash"
parks for animals. The list appeared to indicate that possibly more cities provide such parks than
those that do not.
ADJOURNMENT
The meeting adjourned at 9:55 P.M.
(? ),uJ65~~
Chuck Schramm, Chair
PREPARED BY: S. Roberds
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WAS H I N G TON, U. S. A.
PLANNING COMMISSION ATTENDANCE ROSTER
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