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HomeMy WebLinkAboutMinutes 09/24/2014 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 24, 2014 6:00 p.m. ROLL CALL Members Present: Duane Morris, Thomas Davis, Scott Headrick, George Reimlinger, Brian Hunter Members Absent: David Miller,Nancy Powers Staff Present: Sue Roberds, Scott Johns, Chris Cowgill Public Present: Brenda Gilchrist, Peter Casey, Christina Williams, Steve Zenovic, Joshua Jones, Wendy Sirz PLEDGE OF ALLEGIANCE Chair Headrick opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. Staff introduced new Commissioner Brian Hunter. APPROVAL OF MINUTES There was not a quorum of members present from the August 27, 2014, meeting to approve the minutes. Approval of the minutes was continued to October 8, 2014. PUBLIC HEARINGS: MUNICIPAL CODE AMENDMENTS—Proposed amendments to Sections 8 (Nuisance enforcement), 14 (Buildinj4), 15 (Environment), and 17 (Zoning) of the Port Angeles Municipal Code. Minor amendments are proposed that are intended to clarify, correct, and support the intent of various sections of the Port Angeles Municipal Code. Planning Manager Sue Roberds reviewed the Department Memorandum summarizing the proposed minor Municipal Code Amendments and noted that no amendments are being proposed to Section 8 (Nuisance) at this time. Mrs. Roberds responded to various questions and discussed with the Commission the proposed amendments in a general manner. Chair Headrick opened the public hearing. There being no public testifying to the matter, he closed the public hearing. Following brief discussion, Commissioner Morris moved to recommend that Council adopt the minor Code Amendments as proposed. The motion was seconded by Commissioner Reimlinger and passed 5—0. Chair Headrick left the meeting citing a potential Conflict of Interest with the remaining Planning Commission A1inutes September 24,2014 Page 2 item on the agenda. Vice Chair Morris assumed the Chair. Vice Chair Duane Morris qualified the Commissioners relative to Appearance of Fairness and Conflict of Interest matters. There were no issues noted and no one in the audience objected to any Commissioner acting on the matter at hand. CONDITIONAL USE PERMIT—CUP 14-06—PENINSULA BEHAVIORAL HEALTH— 129 East Ninth Street : Proposal to establish an off site parking lot in association with a nearby professional office use in the Community Shopping District. Associate Planner Scott Johns reviewed the Department Report recommending approval of the conditional use permit with conditions. Vice Chair Morris opened the public hearing. Commissioner Brian Hunter asked whether the landscape plan would come back to the Planning Commission for review. Planner Johns noted that compliance with conditions are normally done administratively or as directed by the Planning Commission. Peter Casey, 242 Leprechaun Lane, Port Angeles, Director of Peninsula Behavioral Health (PBH) stated that due to a growing need in the community for the services provided by PBH, which has grown from 2000 clients to approximately 3400 clients, persomnel demands have grown. Additional off street parking needs to be developed to address the staff of 100 and client demands. Parking is at a premium in the area; however, PBH was able to purchase the remaining commercial zoned property in the block along Lincoln Street and will develop for associated off street parking if permitted. Steve Zenovic, Zenovic and Associates, 301 E. 6t" Street, is the principal engineer for the project. The project is budgeted for a design that includes 7 on site trees as is required by City Code. Mr. Zenovic is working with City engineering staff to meet development standards and stormwater regulations for the proposed development. In response to Commissioner Davis, Mr. Zenovic answered that there are different levels of control for stormwater treatment. The use of the site as an employee parking lot does not rise to a level where more enhanced stormwater treatment is required than what is planned. Planner Scott Johns confirmed that stormwater treatment is reduced to the basic development standards in this case because the site will be used for personnel uses. Mr. Zenovic noted that planned fencing will be either wood or chain link with slats to provide a visual barrier to surrounding properties. He responded to Commissioner Hunter that a vegetative barrier will be planted along the outside of the fence per Port Angeles Municipal Code requirements for such development. In response to Commissioner Morris, Mr. Zenovic could not answer whether after hours parking would be permitted? Christina Williams, 111 East Ninth Street, spoke of concerns regarding the expansion of the Peninsula Behavioral Health (PBH) office use in the area and the number of employees the use employs. She was concerned that the office use is growing and impacting the neighborhood in a negative manner. Hers is one of the only residential properties along the alley between Lincoln and Laurel in this location. She is not sure that the office use is appropriate for the area and Planning Commission Minutes September 24,2014 Page 3 expressed concern that the parking lot should not be approved. The parking area may result in after hours activities and landscaping may shield or encourage inappropriate behavior. Commissioner Davis asked what specifically Ms. Williams is concerned about. She responded that lots of people are hanging around, smoking, going to and from the site, and criminal activity. Additional vegetation might encourage additional loitering. There being no one further to speak to the matter, Vice Chair Morris closed the public hearing. Commissioner Hunter briefly noted that while some proposals are not widely accepted, the goal of the Commission is to review each land use proposal with other development directives contained within City Codes to determine if a particular application is in compliance and meets the intent of those development regulations. Not everyone will agree with every decision but the overall development goals defined in the City's regulations need to guide the City's decisions. Vice Chair Morris closed the public hearing. Following brief discussion regarding visibility issues along the alley, traffic in the alley, parking lot design, and the need for additional parking, Commissioner Reimlinger moved to approve the off street parking lot as proposed citing the following conditions, findings, and conclusions in support of the action: Conditions: 1. A detailed landscape plan for the parking area shall be submitted to the City of Port Angeles Community and Economic Development Department for review and approval. The landscape plan shall show landscape screening for the west side of the site abutting the residentially zoned property (the fence may be included in the landscaping), landscaping proposed for the storm water detention area, the proposed trees that will be included in the interior portion of the parking lot, and street trees proposed for Lincoln Street and 9th Street planting strips. 2. Seven(7) trees are required to be planted interior to the parking lot as designed for 38 off street parking spaces. Street trees are also required to be installed on 9th Street and Lincoln Street per Section 11.13 of the Port Angeles Municipal Code. A landscape plan indicating the location and plant species to be installed shall be submitted and approved prior to construction activities. 3. A Clearing, Grading, Filling, and Drainage permit shall be submitted to the City of Port Angeles Public Works and Utility Department for review and approval prior to construction. Findings: Based on the information provided in the Community Development Staff Report for CUP 14-06 dated September 24, 2014, 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: Planning Commission Minutes September 24,2014 Page 4 1. Peninsula Behavioral Health submitted a Conditional Use Permit application CUP 14-06 to allow the development of an off-site parking lot in the Community Shopping District zone on September 2, 2014. 2. The proposed site includes Lots 17 and 18, Block 268, Townsite of Port Angeles, and is located on the northwest corner of the intersection of Lincoln Street and 9"' Street. 3. The site is located in the City's North Central Planning Area. The Comprehensive Plan designates a portion of the site as Commercial, with the majority of the site being located within an imprecise margin separating the Commercial area from an area designated as Low Density Residential. Adjacent land use designations include Low Density Residential directly to the west and south with the Commercial designation located along both the 8th Street corridor and the Lincoln Street corridor. Development in the neighborhood includes residential single family residences and a variety of commercial uses. The subject location is immediately east of State Highway 101, which is Lincoln Street within the City limits. 4. The City's Comprehensive Plan was reviewed in its entirety for consistency with the proposal. The goals and policies listed in Attachment B to the September 24, 2014, staff report were found to be most relevant to the proposal. Land Use Element Goal E; Policy E.3 and Transportation Element Policy B.14 were found to be most relevant to the proposal and support the proposed use. 5. The site is zoned Community Shopping District. Surrounding zoning includes Residential, Single Family (RS-7) and Community Shopping District(CSD). 6. Off-site parking lots are listed as a conditional use in the CSD zone per PAMC 17.22.160(H). 7. Section 17.08.020(C) PAMC defines a"Conditional use permit" 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. 8. Section 17.22.230 PAMC provides design and landscaping standards that are required for development in the CSD zone. Requirements are as follows: A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight- obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non- commercial property and public rights-of-way. C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping I Planning Commission Minules September 24,2014 Page S shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. Unused space that is over 24 square feet that results from the design of parking space arrangements or accessory structures shall be landscaped. F. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. 9. Per Section 11.13.050 PAMC, Street trees are required on Lincoln Street and 9"' Street. 10. 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 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. 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. 11. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revolted. 12. Reviewing City Departmental comments were considered in the review of this application. 13. Notification of the conditional use permit application and public hearing was placed in the Peninsula Daily News on September 5, 2014, posted on the site on September 2, 2014, and mailed to property owners within 300 feet of the subject property on September 2, 2014. One written comment in opposition to the project and one written comment in support of the proposal were received during the public comment period that Planning Commission Minutes September 24,2014 Page 6 ended on September 19, 2014. Those comments were considered in review of the application materials and public hearing. In opposition to the conditional use permit action, Ms. Christina Williams questioned how the proposed development will benefit the public, stated concerns regarding traffic in the area, safe streets, and questioned whether the use for which the off street parking lot is being proposed to support should be expanded. In support of the conditional use permit action, Alison Kintz, who owns the adjacent building north of the subject site, noted that parking has been a long standing problem for businesses in the area. She supported the additional parking and did not believe it would be a problem for the neighborhood as the proponent is a Monday — Friday daytime business and access. 14. A Determination of Non-Significance was issued for this proposed action on September 22, 2014. This satisfies the City's action under the State Environmental Policy Act (SEPA). 15. The Planning Commission opened a public hearing on the proposal at the September 24, 2014, regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 14-06 September 24, 2014, 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. The conditional use permit(CUP) application was processed in accordance with Section 17.96.050 PANIC, Section 17.96.070, and Section 17.96.140 PAMC (public notice) and is therefore compliant with the City's Zoning Ordinance. 2. The proposed activity is in compliance with goals and policies of the City's Comprehensive Plan, specifically Land Use Element Goal E; Policy E.3 and Transportation Element Policy B.14. As conditioned the proposal is in the public interest as it will provide required off street parking for a permitted nearby professional office use in compliance with all required development standards for such uses. Those development standards include landscaping/screening requirements per Sections 17.22.230 (Community Shopping District) and 11.13.050 (Streets and Sidewalks) PANIC for such uses. Site design will provide a flow through traffic pattern that will prevent on site congestion that could otherwise negatively impact neighboring properties. The motion was seconded by Commissioner Davis and passed 4—0. COMMUNICATIONS FROM THE PUBLIC None 69 Planning Commission Minutes September 24,2014 Page 7 STAFF REPORTS Planner Johns noted that the City Council recently adopted the Street Tree Ordinance recommended by the Commission; the City is on the way to becoming Tree City USA. Following review of 200 pages of edits from the Department of Ecology regarding the Shoreline Master Program (SMP), staff agrees that the suggested amendments have brought the SMP into consistency with State and local Codes and should be adopted by Council. The SMP has improved language and has eliminated redundancies. Adoption of the Program will culminate review that began in 2009. Director West thanked Planner Johns for his dedication to this lengthy and complicated review process. A good deal of Mr. Johns' time has been dedicated to formulation/review of the Program over the past 3 years. Director West stated that the Peninsula Planners Forum will take place at the Vern Burton Community Center on October 9. All Commissioners are invited to attend. Please RSVP — the City is hosting the Peninsula Region planners training and seminar Planning Manager Sue Roberds acknowledged that Commissioner Thom Davis had submitted his resignation from the Commission as health needs require him to move from the area. Everyone expressed thanks to Commissioner Davis and wished him well. Commissioner Davis said he had hoped to reside in Port Angeles for the remainder of his life; this is a difficult decision. He thanked everyone for their support and said he really enjoyed his opportunity to volunteer as a Commissioner. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:30 p.m. Sue Roberds, 6-, retary Scott Headrick, Chair PREPARED BY: S. Roberds { i