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HomeMy WebLinkAboutMinutes 09/28/1988 . . . AGENDA PORT ANGELES PLANNING COMMISSION 321 East: Flf,.h S"reB't: Par,. Angeles, Washlng"an 9S362 SEPTEMBER '28,. 19.88 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of September 14, 1988 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT REQUEST - CUP 88(09)17 - McCONNELL, 1020 East Front Street: Request to operate a massage therapy service in the ACD, Arterial Commercial District,__ in a building presently housingotller commer~iai- u.-se'-;:- -,--~_. , 2. CONDITIONAL USE PERMIT REQUEST CUP 88(09)18 ROGER AND KELLY GERMAN, 3131 Regent Street: Request to operate a day care service as a Home Occupation, located in the RS-7, Single-Family Residential District. 3. CONDITIONAL USE PERMIT WILLIAMS, 350 Viewcrest: a beauty shop as a Home 7, Single-Family Residential REQUEST - CUP 88 (09) 18 Request for a permit Occupation, located in District. - COLLEEN to allow the RS- V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT The. P.lanning Comm,[.J.J,6,[on w,[U not c.ommenc.e a new he.M,[ng be.yond 10 PM. Any ,[tem not ~taJtted p1l.,[01l. to that time. w,[U a.u.tomat..ic.afJ-y be c.onLinue.d to the ne.xt ~e.gu1aA me.et.ing 06 the. Comm,[~~,[ol1, Oc.tobek 12, 1988. . PLANNING COMMISSION Port Angeles, Washington September 28, 1988 I CALL TO ORDER Chairman Wight called the meeting to order at 7:06 P.M. I I ROLL CALL Members Present: Larry Leonard, Jim Cornell, Bob Philpott, Ness, Dick Wight. Hulett, Jerry Donna Davidson- Members Absent: Jerry Glass. Staff Present: . Paul D. Carr, otto Miller, Bruce Becker. III APPROVAL OF MINUTES Mr. Cornell moved to approve the minutes of the September 14, 1988, meeting as written. Mr. Philpott seconded the motion, which passed unanimously. . IV PUBLIC HEARINGS CONDITIONAL USE HEARING CUP-88 (9) 17 McCONNELL: Request to operate a massage therapy service in the ACD, Arterial Commercial District, in a building presently housing other commercial uses. Location: 1020 East Front street. Mr. Miller reviewed the Department Report and submitted a memo from the Public Works Department, noting that the Department's earlier concerns had been addressed. Chairman Wight opened the public hearing. In response to a question from the Commission, Mr. McConnell explained that he was willing to comply with the require- ments of the massage parlor ordinance. Following further discussion, chairman wight closed the public hearing. Mr. Cornell moved to recommend approval of the Conditional Use Permit, subject to the following conditions: 1. The applicant shall submit a detailed floor plan of the proposed massage-therapy facility. . 2. The proposed use within the existing structure shall meet all Fire Code regulations of the Port Angeles Fire Department and all regulations for the Building Section of the Public Works Department. . PLANNING COMMISSION September 28, 1988 Page 2 3. This permit shall be null and void if not used within one year of approval, or if the use is abandoned for a period of one year. 4. The applicant shall comply with Chapter 5.48 of the Port Angeles Municipal Code regarding massage parlors; and citing the following findings: A. The project, as conditioned, will not result in any significant adverse environmental impacts to the surrounding properties. B. The commercial use of this property, as conditioned, is compatible with the surrounding commercial properties. c. This use has been condition to ensure that it shall not be detrimental to the health, safety, comfort, and welfare of the general public. Mr. Leonard seconded the motion, which passed unanimously. . CONDITIONAL USE HEARING - CUP-88 (9) 18 - ROGER AND KELLY GERMAN: Request to operate a day care service as a Home Occupation, located in the RS-7, Single-Family Residential District. Location: 3131 Reqent Street. Mr. Miller reviewed the Department Report. Mr. Leonard explained that he had talked to the Electrical Inspector regarding the circuit interrupters and tamper-proof recep- tacles and reported that tamper-proof receptacles would be required but not circuit interrupters because there were fewer than 16 children on the property. Chairman Wight opened the public hearing. Roger German explained that the Department of Social and Health Services had authorized day care for six children supervised by one person, plus two part-time children, but with additional operators, more children could be present. There have also been times, such as birthday parties, when there have been more than six day care children on the ...-_ - __ _pr.emis.es.. . .__The...day_..car-e..has .,been-epera.ting ..for approximately three years, during which time he has been aware of two complaints. . In response to a question from Mr. Cornell, Mr. German explained that at most there are two cars on the property at anyone time; most of the activity is drop-otts. Evenings there are not more than three to four cars, not including their own. Four houses use the private driveway on which they are located. Presently the day care operation handles more than six children - closer to nine to ten. If required . PLANNING COMMISSION September 28, 1988 Page 3 to have no more than six children, they would like time to reach that number, as a courtesy to the parents. Mike Cleland, representing a number of residents in the neighborhood, submitted a petition and outline of their concerns. The residents' concerns were with six children, and if the number increased to 12, their concerns would increase. They have some concern with having a business in a single-family residential area with the only access to the properties via a private road. The semi-rural character of the neighborhood provides additional privacy and quiet beyond that in a typical urban single-family residential area. Allowing the Conditional Use Permit would change the character of the neighborhood. Earl Abbott, an immediate neighbor, stated that the area off of the private roadway on his property was not available for day care users to park. They have had to fix the private road more frequently since the Germans have had a day care operation. In response to a question from Mr. Hulett, he noted he had seen as many as 40 cars in one evening. . Mabel Fangen, 339 Viewcrest, expressed concern about the increased traffic and safety, particularly at the inter- section of Viewcrest and Peabody, because there is already a large amount of traffic, including school buses in the area. Karen Ross, a customer of the day care, noted that she has rarely met traffic on the private road and does not think it is a problem. Tricia Schmitt, another customer of the day care center, concurred. Laurie Baxter, another customer of the day care, said she waits to let the residents pass, since it is their street and area. At most, she has seen three cars at anyone time. She has never seen the road blocked. Rhoda Twedt stated that she did not realize there was so much traffic in the area when they bought their home there a year ago. In response to a question from Mr. Leonard, she noted that she had seen people speeding on the streets coming into the day care center area. .. ---.,.............. -- ~ Karen Jensen expressed concern that granting the conditional Use Permit would change the character of the neighborhood. Steve Baxter, a customer of the day care, stated that he would have no problem with parking in approved areas only. . Mr. German stated he was not aware of any stipulation on their access easement other than it was for ingress and egress to the property; speeds on the roadway have been about 5 to 15 miles per hour. There has been a fire truck PLANNING COMMISSION September 28, 1988 Page 4 . in the area several times and it has had no problem getting by cars on the road. His wife also decorates cakes for friends but that activity probably won't continue because the day care is taking most of her time. Occasionally, her friends would paint as a hobby at their home. In response to a question from Mr. Philpott, Mr. German ex- plained that there were nine children on the premises to- day; plus their three children. In response to a question from Mr. Leonard, Mr. German explained that they could operate profitably with six or fewer children, but would like time to reach that number. In response to a question from Mr. Cornell, Mr. German explained that they had not been approached by the neighbors directly, but they would be willing to have the children play on the opposite side of the house, to reduce the noise impact. Mr. Cleland noted that the Germans had also not contacted the neighbors to explain that they were operating a day care from their home. . Following further discussion, that some of the customers pick dren more than twice a day, vehicle trips on the road than Wight closed the public hearing. including the observation up and drop off their chil- thus there would be more earlier estimated, Chairman In response to a question from Mr. Cornell, Fire Marshal Becker noted that there would be some difficulty for a fire truck to pass a vehicle on the private lane; however, the lack of visible addresses on the houses was a greater concern for emergency access. Mr. Leonard moved to recommend approval of the Conditional Use Permit for a period of one year, subject to the follow- ing conditions: 1. The proposed family day care center shall conform to the development standards as set forth in the Horne Occupations Chapter of the Zoning Ordinance (Section 17.86.040). . _____ .2,., .._.'rl:1i,s ~C9:ndi,tional "use-Eermi.t_.allows . the applicant to operate a family day care center with a maximum of six children, between the hours of 6 am and 6 pm, Monday through Friday. All indoor and outdoor play areas shall meet all state Department of Health requirements for a family day care center. . 3. state and local fire codes shall be complied with, including smoke alarm, fire extinguishers, and approved fire exits. The premises shall be inspected yearly by . PLANNING COMMISSION September 28, 1988 Page 5 the Fire Department and shall comply with UFC require- ments; and citing the following findings: A. This location is physically suited for a family day care center. B. The proposed use will not result in any significant impacts to the environment. C. The proposed use is consistent with the City of Port Angeles Residential Policies of the Comprehensive Plan. D. A family day care center on this property, as condi- tioned by this permit, should not adversely affect surrounding properties. The motion died for lack of a second. . Ms. Davidson-Ness stated that the proposed day care center would be better suited in another residential area; that there were impacts upon the private road; that traffic would be significantly increased as a result of the day care center; and the impacts would be detrimental to the area. Mr. Leonard noted that impacts on a private road were a civil matter and not the responsibility of the Planning Commission. He elaborated that the only maj or difference between this Conditional Use Permit and other approved Conditional Use Permits for day cares was the private road. Ms. Davidson-Ness noted that at least one customer of the day care was responsible for eight trips a day, rather than an anticipated four, and that traffic impacts were a concern of the Planning Commission. In response to a question from the Commission, Mr. Carr noted that the criteria dealt with traffic impacts in general and that could apply to private roads. Mr. Philpott recommended denial of the Conditional Use ~ ~_ <Pe:rmi t..f.or_.the._day__care-eenter "....citing-.as -his findings the testimony submitted during the public hearing by the nearby residents indicating that they have been impacted by the proposal. Ms. Davidson-Ness seconded the motion. . During discussion on the motion, Mr. Cornell noted that the traffic impacts on the private driveway were a key issue. In response to a direct question from the Commission, Mr. Cleland reiterated that one of their major concerns was the residential quiet in the neighborhood. . PLANNING COMMISSION September 28, 1988 Page 6 On call for the question, the motion passed 4 - 2. Mr. Leonard voted "Not! because the only difference in this Conditional Use Permit and others for day care centers was the private road and the impacts were not a problem. Chair- man Wight voted "No" because he felt the Conditional Use Permit could be conditioned to mitigate the impacts. Mr. Cornell suggested the neighbors be considerate and allow the Germans about six months to phase out the day care center. CONDITIONAL USE HEARING CUP-88(9)19 COLLEEN WILLIAMS: Request for a permit to allow a beauty shop as a Home occupation, located in the RS-7, Single- Familv Residential District. Location: 350 viewcrest. Mr. Miller reviewed the Department Report. opened the public hearing. Chairman Wight . Karen Jensen, the neighbor two doors south of the appli- cant, stated that there was a significant amount of traffic in the area from the Lighthouse Christian Center, High School track, Calvary Baptist Church and School, school buses, and that occasionally Viewcrest is blocked off for High School activities. She opposes home occupations in single-family residential districts. Colleen williams, applicant, stated that she currently has a home occupation beauty shop where she works three days a week, Monday, Thursday and Friday, with no more than two customers at a time, and between 4 to 10 customers per day. The proposed beauty salon would be in half of the attached garage, with an entrance provided from Peabody Street. Working only three days a week would be acceptable to her. Tom Leinart expressed concerns about traffic on Peabody and Viewcrest, and noted that buses go by every 35 to 40 minutes. Sometimes vehicle speeds on Peabody Street are 35 to 40 miles per hour. Any customer vehicles parked on the street would force High School cross-country track and gym runners further into the street. He expressed concern that _ . . _ ._ _..a...home.._o.c.cupation .would ,be a..precedentfor. future commercial activities in the area. . In response to a question from Mr. Leonard, Mr. Leinart expressed concern that vehicles backing directly onto Peabody Street from the home occupation would place children waiting for buses in the area at greater risk. Jeff Williams explained that he and his wife had looked for a site with off-street parking. He would prefer five days of operation per week rather than three. They have room to . PLANNING COMMISSION September 28, 1988 Page 7 place two cars in the carport and stack two vehicles behind them. The family owns two vehicles, but he is gone at work during the day. Mabel Fangen, a resident across the street, opposed the proposed home occupation, because of the traffic impacts backing out onto the street, and the introduction of a commercial use into a residential area. Lynne Bryant, a neighbor of Colleen Williams current home occupation, explained that there had been no traffic problems in her neighborhood as a result of the beauty salon. Dave Stevens, neighbor across the street to the east from the proposed beauty salon, expressed concern about High School students being forced into the road to go around customers' cars parked on the street during their running classes. Judy Haggerty, a beauty operator for over 20 years, noted that beauticians rarely work on more than two customers at a time. . Greg Gallison, neighbor one house to the west, expressed concern that customer vehicles on the street would force students further into the street, and opposes the home occupation because it changes the residential character of the neighborhood and creates the potential for more commer- cial use. Tom Jensen, neighbor two houses up the hill from the pro- posed beauty salon, stated that he had observed two accidents on Peabody street in the 42 years he has lived there, and noted that high speeds occur on the street. Backing out onto Peabody street is a problem. He did not want a commercial use in a residential area. In response to a question from Mr. Philpott, the applicant's mother noted that the turn-around on the property could be used from both Viewcrest and Peabody streets. .._~Mr...__..steyens_ noted _ that.-~the~-gr,avel.. ..turn-around area is located in an area where a sidewalk would be constructed. Chairman Wight closed the public hearing. . Mr. Hulett noted that he had been able to use the turn- around area and not back out onto the street in his company van while working at the site. . . . PLANNING COMMISSION September 28, 1988 Page 8 Following further discussion, Mr. Cornell moved to recommend approval of the Condi tional Use permits, subj ect to the following conditions: 1. One 2A10BC fire extinguisher shall be installed and a smoke alarm provided. 2. The hours of operation shall be limited to 9 am to 5 pm, Monday through saturday. 3. No more than two customers at a time shall be scheduled for an appointment on the premises. 4. The evergreen tree located at the northeast corner of the property, and directly adj acent to the intersec- tions of Peabody and Viewcrest and the subject drive- way and Peabody, shall be trimmed or removed for traffic safety, in conformance with Article IX, Section 10 of the Zoning Code. 5. Subject to Public Works Department approval, the graveled area on the site be reserved for turn-around only, with no parking and be signed accordingly; and cited the following findings: A. The proposed Horne Occupation for a beauty shop does not invol ve equipment or other processes which introduce noise and hazards in excess of those normally found in residential areas. B. Provided the attached conditions are enforced, the Home Occupation will not significantly increase local vehicular or pedestrian traffic. c. Provided the attached conditions are enforced, the proposed beauty shop should not endanger the publ ic health, morals, safety, and the welfare of the community. Mr. Leonard seconded the motion, which passed 5 - 1. Ms. Davidson-Ness voted "Non because the proposed use was not _., _ __. .comp.atible,~.with __ the ...neighbor-hood,. . .the traffic impacts resulting from it, and the public testimony received at the hearing. V COMMUNICATIONS FROM THE PUBLIC None. VI STAFF REPORTS None. . . . PLANNING COMMISSION September 28, 1988 Page 9 VII REPORTS OF COMMISSIONERS 'l\ .~, Mr. Leonard reported on a realtors' conference he had attended and the presentation of a short course on planning from the Planning Association of Washington. The Commission requested staff to obtain copies of the short course materials. VIII ADJOURNMENT The meeting adjourned at 10:45 P.M. (?~~J\J-- Paul D. Carr, Secre ary Tape condition: good PLAN. 100 . CITY of .PORT ANGELES ATTENDANCE ROSTER .b(,4 NtH ~G TYPE OF l'1EETING DA.TE OF 11EETING LOCATICN ~v~t ~p,;~/ CITY HALL ADDRESS: NAME: 331 . --- ~;~~. 5/ly)./dl~f <fr. //J t J ~ / t I J II 11;2 fA)- irfA / fA . :? 2J Y 5' . ~'-~'<')/ / 3> '} Z J.t:;;;j p;1 3"/'?-/ tfiJ; - s6 PI Ifo 7 . /:J (/ ( -t'u-/ JJ-20 I ,ISJi ) (IS- S hCUYlCi) ,2~. 3/]1-/ kurl P4 ~0.L ~ l 0'0' BC;CK-I~r . a ~.tf.~