HomeMy WebLinkAboutMinutes 09/13/1995
HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE.
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AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
September 13, 1995
7:00 p.m.
I. CALL TO ORDER
II. ROLL CALL
ID. APPROVAL OF MINUTES: Meeting of August 9, 1995
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PUBLIC HEARINGS:
1.
CONDITIONAL USE PERMIT - CUP 95(08)14 - HENNING. 1701 East
Eleventh Street: Request for a conditional use permit to allow a residential care
. facility for up to 15 residents with functional disabilities in the RS-7, Residential
Single Family District.
2.
CHAPTER 8 OF THE CITY'S SHORELINE MASTER PROGRAM.
ADMINISTRATION SECTION: Review and approval. (This item will be
continued to October 11, 1995.)
COMl\1UNICA TIONS FROM THE PUBLIC
STAFF REPORTS: 1996 Budget Information
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
All correspondence pertaining to a hearing item received by the Planning Department (;It least one
. day prior to the scheduled hearing will be provided to Commission members before the hearing.
PLANNING COMMISSION: Lindo Nuncr.CI1air, Tim German (Vice), 0rviIk CmIpbcll, Cindy Souders, Bob Wmt=, Bob Philpolt, Bob King.
STAFF: Brad Collins, Director, Sue Roberds Office Speciolist, and David Sawyer. Senior P1anntr.
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PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to
the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A
reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes).
Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow
additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard
separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements
pertaining to previous testimony. Comments should be directed to the Board, not the City Staff represcntati ves present, unless
directed to do so by the Chairman.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
September 13,1995
7:00 p.m.
ROLL CALL
Members Present:
Orville Campbell, Linda Nutter, Bob Philpott, Bob
Winters, Cindy Souders, Bob King, and Tim German
Staff Present:
Sue Roberds, Ken Ridout, Mack Campbell
Public Present:
Brenda Henning
APPROVAL OF MINUTES
It was noted that the conditions of approval of the Serenity House Conditional Use Permit No. CUP
95(08)13 had inadvertently been left out of the text of the August 9, 1995, minutes. Staff will correct
the error and submit the August 9 minutes for review at the October 11, 1995, meeting.
CONDmONAL USE PERMIT - CUP 95(08)14 - BRENDA HENNING. 1701
West Eleventh Street: Request to allow a 15 bed residential care facility to be located
in the RS-7, Residential Single Family District, in a residential structure.
Planning Specialist Sue Roberds reviewed the Planning Department's report and answered questions
from the Commission regarding the licensing requirements at the State level for adult family care and
residential care uses. Mrs. Roberds answered that the main difference is in the number of residents
that can be cared for, and that the adult family care use is one in which care is provided in a residence
where a residential care facility can operate as a stand alone use with caregivers not necessarily being
occupants of the structure. More strict building requirements are imposed in residential care uses as
opposed to adult family care uses. The operation of the care units falls either under the Department
of Social and Health Services (DNS) for adult family care, or the Department of Health (DB) for a
residential care facility.
Commissioner Philpott expressed concern over the size of the proposed facility in the RS-7 ione.
Planning Specialist Roberds noted that the proposal is for a double lot and the use would not be
permitted to exceed the underlying development standards for any other structure in the RS-7 zone.
Chair Nutter opened the public hearing.
Brenda Henning, 1701 West Eleventh Street, addressed the concern expressed over the size of the
facility, i.e., the number of bedrooms (16) and bathrooms (5). Her care program provides rooms that
meet State requirements. Three quarters of her residents are State referrals who cannot afford to
locate in some other facilities. Approval of the use permit will prevent burn out of herself and the
employee caregivers as the service provided is 24-hour care which can cause a high degree of burn
out of good people. She will employ two full time, forty hour per week caregivers, with a third
potential part time caregiver in unusual situations. The need for a conditional use permit for up to
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Planning Commission Minutes - September 13,1995
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15 residents is because of her desire to increase the number of residents which will financially allow
her to hire employees and avoid burn out situations. There is a need to provide residential care for
the elderly at this stage prior to the need for more institutionalized living situations. None of her
residents are disabled to a point that requires placement in a nursing home. Living in this type of
residential family environment, exposed to normal every day family situations gives the elderly who
have given up hope, hope.
Mrs. Henning explained the State's exacting licensing requirements for both the structure (wall
thickness, ingress and egress, fire standards, handicapped access, etc.) and the caregiver (health
screening and training, criminal background check, etc.). An ombudsman visits the premises from
time to time to ensure the quality of care. She eXplained that although her current license is under
appeal for revocation, she is operating until a final decision is made to Superior Court, which should
be on November 1, 1995.
A landscape plan was submitted indicating a proposed six foot picket fence surrounding the property
in order to allow the residents security and privacy, and privacy for the neighbors from activities
occurring on-site. Mrs. Henning asked not to be required to pave the parking area. She stated that,
unfortunately, her residents do not receive many visitors. It is the middle of the month at this point
and only one resident has had visitors. Vehicle trips from the use would be mainly the (two)
employees coming and going on alternating shifts and daily family trips.
Ken Ridout, Deputy Director of Public Works, noted that paving of 11 th Street and a traffic study
would probably not be required in this instance. L.I. D. Non-Protest Agreements have been signed
by nearly all owhers of the properties in the area that have been developed at present and it is only
a matter of time before the LJ.D. is instituted. He recommended that the parking area be paved.
There being no further public comment, Chair Nutter closed the public hearing.
Commissioner Campbell asked Mrs. Henning if she currently resides at the proposed site. She stated
that she does. Ken Ridout explained that the requirement for an increase in the dry well capacity is
due to the increase in residential occupancy and that in uses requiring parking other than for normal
residential occupancy, it is common to require paving. Proof of a Department of Health license could
be required prior to occupancy of the facility as a care unit.
Following discussion with the applicant and Commission members, Commissioner Campbell moved
to approve the conditional use pennit as requested with the following conditions and citing the
following findings and conclusions:
Conditions:
1.
The applicant shall submit a landscaping plan for the entire site including a six foot
fence consistent with the requirements of Section 17.14.070 of the Port Angeles
Municipal Code (P AMC) for approval to the Planning Department and constructed
prior to occupancy of the first construction phase.
2. The proposed use shall meet all Uniform Building, Fire, and Electrical Code
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Planning Commi$$ion Minute$ - Seplember 13, 1995
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requirements in the proposed new construction. Any alteration of the existing
modular unit will be with the approval of the Department of Labor and Industries and
by those standards.
3.
The applicant shall meet the requirements of PAMC Chapter 14.40 for off-street
parking and shall submit a parking plan for approval prior to the proposed
construction phases.
4.
The applicant shall address the concerns stated by the City Engineer in his
memorandum received September 8, 1995, attached to the Staff Report, prior to any
further expansion of the existing residential structure.
5.
The applicant shall provide evidence prior to occupancy of a valid current license
from the Department of Health for the proposed residential care home (Boarding
Home) permitting no more than 15 residents with functional disabilities.
Findings:
Based on the information provided in the staff report (including aU 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:
I . The applicant has applied for a conditional use permit to operate a residential
care home, which is considered and licensed as a boarding home, by the
Department of Health, at 170 1 West Eleventh Street, in the RS- 7, Residential
Single Family District.
2. The Port Angeles Municipal Code restricts residential care facilities in the RS-
7 District to up to 15 residents with functional disabilities.
3. Land uses in the surrounding vicinity are residential in nature.
4. The Comprehensive Plan identifies the site as Low Density Residential (LDR)~
5. Land Use Element Goal A, Policy No.2, and Goal C, Policy NO.1 have been
identified as being most relevant to the proposed project;
6. The subject property is zoned Residential Single Family (RS-7);
7.
Section 17.08.090 UR" of the Port Angeles Municipal Code defines a
"Residential Care Facility". Section 17.10.040(0) allows residential care uses
by conditional use permit in the RS- 7 zone.
8. A Determination of Non-Significance (#635) was issued for the project on
July 12, 1995. No appeals have been received during the appeal period.
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Planning Commi.uion Mjnllte~ . September 13. 1995
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9.
Notice of a public hearing for consideration of the proposal was sent to
property owners within 300 feet of the proposed site and placed in the
Peninsula Dailv News on August 25, 1995. The site was posted on July 25,
1995. A letter of support from one property owner was received following
the mailing.
Conclusions:
A. As conditioned, the proposed use is consistent with the City's Comprehensive
Plan including but not limited to Land Use Element Goal A, Policy No.2, and
Goal B, Policy No.1.
B. As conditioned, the proposed use is consistent with the City's Zoning
Ordinance including the intent of the RS-7 zone.
C. As conditioned the proposed project is not contrary to the public use and
interest.
The motion was seconded by Commissioner King, and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Office Specialist Roberds pointed out that the Planning Department's proposed 1996 budget had been
provided for the Commission's review. She added that the City's Finance Department stressed that
the 1996 budget will be leaner than in recent years due to a significant drop in revenues and that only
those needs that cannot be avoided should be added to the 1995 base.
REPORTS OF COMMISSION MEMBERS
Commissioner Nutter indicated that she had attended the most recent City Council meeting as she
feels it is good practice for Commission members to be available to the Council when possible. She
urged other Commission members to alternate in the process.
ADJOURNMENT
The meeting adjourned at 8: 15 p.m.
ii!;nd /L r2;:-;}jjC
Lin a Nutter, Cha
PREPARED BY: S. Roberds