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HomeMy WebLinkAboutMinutes 01/11/2012ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 11, 2012 6:00 p.m. Members Present: Nancy Powers, Amanda Anderson, David Miller, John Matthews, Tim Boyle, Members Excused: Doc Reiss, One vacancy Staff Present: Sue Roberds, Nathan West, Heidi Greenwood Public Present: Jason and Kristen Chittick, Heather Buckmaster, Dan Mock, Nancy German, Christina Williams, Theresa Schmid, Norm Bernnal, Kathy Hansen, Earl and Lori Richardson, Paul Brinkmann, Bill Hannan, Glen Barbieri, Loy Foldoe, Bob Nuffer, Mr. and Mrs. Baumwell, Brenda Gilchrist, Dawn Saiz, Cathy Reynolds, Peter Casey, Joshua Jones, Marcus Roloson, Jim Equin, Mac McIntyre, Saska Von Michalofski, Bran Sundt, Grant Munro PLEDGE OF ALLEGIANCE Vice Chair Matthews opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Boyle moved to approve the December 14, 2010, regular meeting minutes. The motion was seconded by Commissioner Miller and passed 4 0 with Commissioner Powers abstaining due to absence from the meeting. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT CUP 11 -04 LOWER ELWHA KLALLAM TRIBE 2917 Edgewood Drive: Request to allow a free standing off site directional sign in the IH Industrial Heavy zone. (The applicant has requested that this item be continued to January 25, 2012.) Vice Chair Matthews opened the continued public hearing. Commissioner Powers moved to further continue the public hearing to the January 25, 2012, regularly scheduled meeting. The motion was seconded by Commissioner Miller and passed 5 0. PUBLIC HEARINGS: CONDITIONAL USE PERMIT CUP 11 -05 PENINSULA COMMUNITY MENTAL HEALTH —123 E. 9 Street: A group home for a maximum of three (3) residents in the RS -7 Residential Single Family zone. CONDITIONAL USE PERMIT CUP 11 -06 PENINSULA COMMUNITY MENTAL HEALTH —113 E. 9 Street: A group home for a maximum of two (2) residents in the RS -7 Residential Single Family zone. Planning Comnnss,on Minutes January 11, 2012 Page 2 Planning Manager Sue Roberds reviewed the Department Report recommending approval of the conditional use permits with conditions. Vice Chair Matthews reviewed the qualifying questions for Commissioners regarding Appearance of Fairness matters. All Commissioners responded that they had no Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No concerns were noted. The Vice Chair then opened the public hearings (together) and noted that, given the number of audience members who expressed an interest to testify, testimony would be limited to three (3) minutes per speaker. Peter Casey, Executive Director of Peninsula Conanuurity Mental Health, 242 Leprechaun Lane, Port Angeles spoke in favor of the conditional use permits that aid in providing supportive housing for disabled and mentally ill patients. Peninsula Community Mental Health (PCMH) has been providing treatment services in this community for the past 40 years and has been providing supportive housing for disabled and mentally ill citizens for 25 years. Mr. Casey indicated that residents of 113 and 123 East 9 Street have been in residence for 6 years. Peninsula Community Mental Health (PCMH) was not aware of the need to seek group home permits for the residencies until such a requirement was brought to their attention during a similar use was questioned at 12 and Oak Street. Following approval of that group home activity, PCMH has been in the process of applying to legitimize the use at the subject properties. Following the rental of a building on the PCMH property in late 2010, complaints were received from the neighborhood. In preparation to apply for a use permit for the subject properties, PCMH held two neighborhood meetings: one in March, and one in November, 2011. Over the past three years, PCMH patient census has grown from 2,000 to 3,000. This increase in services has necessitated an increase in staff from 70 to 96 which has resulted in an increase in patients visiting the facility and an increase in staff parking. The additional parking has caused neighborhood upset. For the past 18 years PCMH has used residential lots across the alley for overflow parking. It was understood that the parking could occur due to a pre existing, nonconforming use situation that had occurred with the previous ownership. In response to Commissioner Powers, Mr. Casey confirmed that staff will visit with residents twice a day on weekdays and once on weekends. Upon questioning from Mr. Casey, Commissioner Powers indicated that a condition requiring staff visitation is desirable due to the fact that background checks are not required. Commissioner Miller asked Mr. Casey to confirm whether criminal background checks are required. Mr. Casey responded that they are done at PCMH's discretion. A good deal of background is known about PCMH patients. Commissioner Boyle questioned the level of background check that is done prior to placement in a resident group home situation. If someone came into the system who had a questionable history or from out of state, a background check would be done. Planning Commrssmn Menules Ja uwy 11, 2012 Page 3 In response to Commissioner Powers, Mr. Casey responded that people with chronic mental illness who need significantly more support would not be residents in a transitional group living situation but would be placed in a monitored environment with 24/7 staff such as Second Street House, which is licensed by the state. Transitional group residences are not state licensed and are only occupied by residents who require a low range of support. Responding to Commissioner Anderson, Mr. Casey indicated that some residents stay longer than others due to living relationships; some prefer to transfer to another location; some stay for many years in the same home and become part of the neighborhood. Community Economic Development Director Nathan West confirmed that an e -mail in the application file, which is part of the record, indicates the method of support and daily visitations that is expected. Mr. West encouraged the Commission to restrict conditions to land use based issues and not to become involved in operational issues. Director West confirmed that the matter of parking on the adjacent residential property is not a matter of discussion at this time; that matter is under a code enforcement action and is not before the Planning Commission at present. Teresa Schmid, 114 E. 9" Street has been gravely concerned over the use of the subject residential structures over the years. Her family has lived in the neighborhood nearly her entire life with her mother having been born in the neighborhood. Nearly every resident in the neighborhood has someone with a mental illness in their family; the neighborhood understands mental illness. The rotation of mentally impaired people across the street is a concern. Strange behaviors such as people walking through the neighborhood watching what the other neighbors are doing and asking for money for cigarettes causes great unrest with neighborhood youth. She is afraid. Grant Munro, 1765 E. Woodhaven Lane, is on the Board of Directors of PCMH. This type of housing is critical for many patients who have nowhere else to go if not into functional housing. This population needs to be addressed and their needs must be addressed. In response to Commissioner Matthews, Mr. Munro responded that a resident who commits a crime would be treated like any other member of society who comtnits a crime. Cristina Williams, 111 East 9 Street stated that she contacted PCMH several years ago when it was apparent that the occupants of 113 and 123 East 9 Street appeared to be transient and asked what was going on next door to her. Although she is sympathetic to the plight of the mentally ill, she was concerned that no one told her or the other neighbors about the occupancy; there was no mechanism for the neighborhood to know what was going on. The lots are small and in close proximity to neighboring lots and residents. She is concerned about boundaries. Dr. Joshua Jones, 315 Shadetree Lane is a psychiatrist. a forensic psychologist, and the PCMH medical director. When he applied for the position he now holds, he was told that the Port Angeles community is known for tolerance and progressive attitudes. A vast majority of crimes are committed by non disabled people. If this type of housing didn't exist, these people would be homeless. He urged the City to stand against intolerance to disabled and mentally ill people by helping to provide adequate housing for these citizens. Planning Commission Htrnutes .January 11, 2012 Page 4 Martin Roloson, 122 E. 9` Street is a former social worker who previously ran a boys home in the subject neighborhood. He is concerned with a lack of accountability. He had 24 hour supervision in his group home. He is not concerned with mentally ill people, only with heavily medicated mentally ill patients. The neighborhood is changing due to PCMH expanding. The Eagles Club is now in the neighborhood along 8 Street and serves alcohol. Kristen Chittick, 106 E. 9 Street is disabled due to a brain injury. She is concerned about occupants of the PCMH residences although she is not concerned about mentally ill or disabled people in general. As a purchaser, she was not told of the use of the homes for commercial purposes in this single family residential neighborhood. It would have made a difference and will make a difference when she goes to sell her home. The house has operated for six years without proper permitting. Neighborhood residents have not had an opportunity to voice their concerns or become familiar with the parameters of the use prior to this time. No one from PCMII introduced themselves to the neighborhood. The neighborhood only saw a revolving door of people coming and going to the houses. She is fearful for her teenage girls and doesn't allow them in the front yard of her home adjacent to the use. There is a general lack of communication with PCMH and the neighborhood regarding this use. Dawn Saiz, 32 Evergreen Place, Sequim is the Residential Supervisor for PCMH. It appears to her that the residents at 113 E. 9 Street are being closely monitored by the neighborhood. She has tried to open a line of communication with the neighborhood by offering business cards to neighborhood residents who have particular concerns. She is on call 24/7 and encouraged residents to call if concerned: she has not had one call. She screens residents who are in PCMH homes. Residents on 9 Street are long term Port Angeles residents who have been in the system 20, 30, 40 years. They are well known to PCMH staff'. They have friends who visit, just like everyone else. The level of supervision is dependent on the specific needs of the occupants. If more supervision is needed, more will be provided. She responded to Commissioner Matthews that the residents are reasonably functional people who have bank accounts, cook, clean, one of them actually drives, and some have jobs. No alcohol or smoking is allowed in the house. Peer counselors visit every day and augment supervision on a regular basis. Of the 3 current residents at 113 E. 9 Street, two residents have lived there 3 4 years and one resident has been in residence approximately 8 months. In response to Commissioner Matthews, Ms. Saiz said that residents within the system can move from house to house; however, this house has pretty long term residents. Earl Richardson, 819 E. Laurel Street understands the plight of mentally ill people but he doesn't believe the neighborhood has been given an opportunity to weigh in on the encroaching commercial uses in the neighborhood. Neighborhood children used to play on the residential lots (owned by Mrs. German) that have recently been expanded as parking for the PCMH use across the alley. The expanded parking area fueled neighbor concerns about commercial creep into this residential neighborhood. It feels like the residential use is being squeezed out. Ken Pottinger, Human Resources Manager for PCMII believes the objections raised are based on perceived fears rather than fact. While visiting the City's Department of Community Economic Development, he viewed aerials that indicated some parking on the two lots owned by Mrs. German that are the subject of discussion this evening. He believes that nonconforming use should be able to continue to be used for commercial parking for PCMH employees and clients. Planning Cwmrasx,on Minutes Janie) /1, 20/2 Page 5 Julie Calabra, 253 Shadow Lane, Port Angeles works for PCMH and said that supported living homes are located all over the state to house mentally patients. There are certainly opportunities to provide adequate oversight for group homes in this particular neighborhood given the proximity to the main PCMH office structure, and PCMH staff knows the history of the residents. If neighbors have specific issues, staff can readily address them. Residents will not be allowed to remain in the group homes if concerning behavior cannot be addressed. Glenn Gordon Barbieri, 401 E. 1st Street is a former PCMH client. He currently lives independently but is a schizophreniac. His life has been stabilized by taking proper medications such that he functions in a very independent lifestyle situation. From a zoning perspective, he can understand why some neighbors would not appreciate such an intrusion into their living area. Group homes are very needed to support mentally ill clients and to provide the independent type of living situation that is beyond the more intensive care provided in larger group facilities. In response to Commissioner Miller, Mr. Barbieri felt that he received excellent care from PCMH; the supported living use provided him an opportunity to live independently. Vice Chair Matthews asked Mr. Casey how complaints or residential incidents are handled. Mr. Casey stated that if serious incidents occur, an incident report would be made that would be reviewed both by internal staff and staff at the regional level of the state agency responsible for oversight. PCMH is audited by 6 or 7 outside agencies. Less serious incidents, or neighborhood or citizen concerns would be handled in house with follow up to the reported person(s). Records of all complaints and incidents are kept and staff discusses the matters on a regular basis to try to learn from the experiences. Mr. Casey said that the tenor of the concerns expressed appears to be largely about fears rather than incidents. He hopes to work more closely with the neighbors in the future to address specific issues that can be addressed Director West wanted to clarify to anyone who had entered the meeting late that the public hearing for both applications (113 and 123 E. 9 are open at this time. Jason Chittick, 106 East 9`" Street is concerned that the neighborhood can't work with Mr. Casey. Neighborhood residents live in fear of the residents and these fears and concerns have not been addressed by PCMH staff. Someone from PCMH should have known that land use review and permitting is required for group homes. He believes that in home supervision should be required because residents are incapable of much self reliance. Staff is not apparent at the homes as much as staff says. PCMH stafff has been quite unresponsive to the neighbors. Phone calls go unanswered. Dan Pottinger asked if the City was aware of the legal case Sunderlin vs Pascoe that prohibits cities from denying conditional use permits based on the limitations of clientele. Kristin Chittick, 106 East 9°i Street continued to express concerns over the welfare of the neighborhood children relative to the group home residents. She did not have an opportunity to decide whether she would prefer to live across the street from a PCMH group home when she purchased her home because she already lived there when the home was established. She was ultimately concerned that the use of the two proposed residential structures as group homes will convert the appearance and use of the neighborhood to commercial neighborhood rather than a Plamung Cotnuss,on ditnutes January 11, 2012 Page 6 single family neighborhood as it is zoned. It appears that the group homes and the lot parking area along the north side of 9th Street in this location is converting the neighborhood to commercial use, and it will never be returned to a single family neighborhood. Wendy Sisk, 21 Libby Street, Sequim is the Crisis Intervention Supervisor for PCMH. She urged the Commission not to restrict or try to control the number of visits needed daily by home residents because that level of supervision is best determined by staff professionals Some homes need more than others depending on the residents: some need less. If a tenant needs more supervision than is intended for a particular individual, a resident may be moved to a more supervised situation. Marcus Roloson, 122 E. 9 Street said that these group homes are under a microscope. The issue is the kids in the neighborhood. It's about supervision; there is no in house supervision. When he operated a boy's youth home in the neighborhood, he had to have 24 -hour supervision. There being no one else to speak to the matter, Vice Chair Matthews closed the public hearings. In response to Commissioner Powers' concern that some of the operational issues that were spoken of as a concern to the neighborhood were bothersome. The number of group homes in a neighborhood can be restricted in a neighborhood if specific impacts are noted that require such a restriction. Director West responded that the Planning Commission is charged with dealing specifically with land use issues. Commissioner Boyle moved to approve Conditional Use Permits CUP 11 -05 and 06 citing staff's recommended conditions, findings, and conclusions. The motion died for lack of a second. Following claritive discussion regarding background checks referenced in Finding 14 for both applications, Commissioner Miller moved to deny CUP 11 -05. Commissioner Powers seconded the motion. Upon discussion, Commissioner Miller said his motion was due to the fact that he believed an additional condition was needed requiring specific staff monitoring. He then moved to approve CUP 11 -05 adding a Condition 4 requiring staff monitoring twice a day and once a day on weekends. Director West noted that Finding 13 indicates that staff monitoring will be twice a day and once on weekdays and stated that conditions should address mitigation of land use impacts but not direct operational policy. Director West noted that this monitoring commitment was submitted by the applicant as part of the application and was verified by Mr. Casey's testimony during the current public hearing. Commissioner Miller withdrew his motions. Commissioner Powers then moved to approve CUP 11 -06 citing the following 3 conditions, 20 findings, and 7 conclusions: Conditions: 1. The conditional use permit for Peninsula Community Mental Health to operate a maximum 3- person group home use at 113 East 9` Street per application identified as Conditional Use Permit CUP 11 -06 dated received on November 18, 2011. Any change in the operation of the residence from that described in the staff report and application materials will require prior review by the Planning Commission or the approval shall be deemed invalidated. Planning Commission Minutes January l/, 20/2 Page 7 2. PCMH will carefully screen clients pursuant to established procedure as presented in the application materials. 3. The residence will continue to be maintained in a manner such that it complements other residences in the neighborhood in appearance and character and shall be maintained in compliance with the International Property Maintenance Code. Two required off street residential parking spaces will remain available for the residence at the rear of the site. Site activities will be residential in nature. Findings: Based on the information provided in the Community Development Staff Report for CUP 11 -06 dated January 11, 2012, 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. On November 18, 2011, Peninsula Community Mental Health (PCMH) applied to the City of Port Angeles Department of Community Economic Development (CED) for a conditional use permit to allow a group home to be located at 113 East 9th Street in the City's RS -7 Residential Single Family zone. 2. Supported housing provides an independent living setting with minimal support that allows residents to transition to a more independent housing situation separate from a health care center over time. This practice is an effort to deinstitutionalize those persons with mental illness who are able to live more independently with little support service needed. Supportive residential use is overseen by the Departments of Health and Social and Health Services. 3. Group homes and hospices are identified as conditional uses in the RS -7 Residential Single Family zone per Section 17.10.040(I) of the Port Angeles Municipal Code (PAMC). Section 17.10.040(R) PAMC allows for 'other uses compatible with the intent of this Chapter" to be considered as conditional uses when not specifically defined. 4. A conditional use is defined in Section 17.08.020(H) PAMC as "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. 5. A conditional use permit is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as a limited permission to locate a particular use at a particular location, and which limited permission is required to mode 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" and further states in (H) of the same section "Conditional Use a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone." 6. A group home is defined in Section 17.08.040(C) of the Port Angeles Municipal Code_ as a non independent, non family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill. homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed /'laming Commission Minutes January 11, 2012 Page 8 group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing fur victims of domestic violence. 7. Section 17.10.010 of the Port Angeles Municipal Code describes the RS -7 Residential Single Family zone as a "...low density residential zone intended to create and preserve urban single family residential neighborhoods consisting ofpredominantly single family homes on standard Townsite sized lots. Uses which are compatible with and functionally related to a single family residential envirorunent may also be located in this zone. 8. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning C'ornmission shall consider applications for conditional use permits for uses 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, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property." Such review identifies emergency service needs of a particular use and identifies particular characteristics of individual neighborhoods. 9. Section 17.96.070(A) PAMC reads 'Hearing and Appeal of Conditional or Unclassified Use Permit Applications. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit." The Planning Commission's action is final unless appealed to the City Council within 14 days of a decision. 10. The site is situated in the City's Central Planning Area and is served by all municipal and emergency services. 11. The subject neighborhood is nearly built out with the exception of the two residentially zoned lots immediately east of the subject site. Jefferson Elementary School is located three blocks south of the site. The site is accessed from Lincoln Street east of the site, from 9 Street via Laurel or Lincoln Streets, and from the 8/9 Street alley. The City's main fire hall is located four blocks immediately north of the site with other commercial and governmental uses along 8th and Lincoln Streets north of the site. Property south of the location is single family residential. 12. The proposed structure is owned by Peninsula Community Mental Health. The three bedroom residential structure exists on a single Townsite lot and provides two off street residential parking spaces at the rear of the site as is required by the City's Parking Ordinance. The exterior of the residential structure has been considerably upgraded over the past year. 13. Residents of the home will live in a transitional living situation moving toward a more independent living environment. Residents will have been diagnosed with mental illness such that they are in need of some assistance in their daily lives that will be provided by PCMH staff. Residents are able to manage their finances, purchase and prepare food, and perform housekeeping chores and some residence maintenance activities. PCMH staff will visit the Platuang Connnisston Altnutes January 11, 2012 Page 9 residence twice daily 5 days per week and once a day on weekends to provide coaching in nutrition, hygiene, time management, problem solving, budgeting, transportation, health support, and vocational plans. The group living situation is intended to provide residency for individuals who are able to live capably with minimal responsible supervision. 14. The application provides criteria by which placement will be provided. Residents will be screened prior to placement in the residence. Screening criteria may include a criminal background check and an assessment of the level of independent function of potential residents. Application information indicates that consumers who occupy this type of group residence do not need 24 -hour care but benefit from supervision. Applicants who do not meet the criteria will not be placed in the residence 15. The Federal Fair Housing Act (FFHA) requires that licensing requirements shall not violate the rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. 16. Peninsula Community Mental Health operates under oversight by the Departments of Health (DOH) and Social and Health Services (DSHS). 17. The Federal Housing Authority Act (FHAA) limits municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common FHAA policy is to distribute group homes throughout a community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community. Local zoning regulations maintain final authority over locational siting but regulations must be administered similarly to any group occupancy. This application is being considered jointly with a second such application for a group home on property within the same neighborhood but not immediately adjacent to the subject lot. 18. The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 19. Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on December 16, 2011. Notification appeared in the Peninsula Daily News on December 20, 2011, with written comment accepted until January 4, 2012. Ms. Robin Popinski and Mr. Craig Short, business owners in the area, provided written comment in support of the application. Letters in opposition to the group home use were received from neighbors including Mr. Earl Richardson, Christina Williams, Marcus Roloson, Mr. and Mrs. Denny Goudie, Mr. and Mrs. Dan Schmid, Derek Goudy, Heather Buckmaster and Dan Mock, and Jason and Kristen Chittick. All of the written comments are incorporated to this staff report as Attachment "C." Written comment in support of the conditional use permit were due to the need to enable the service that PCMH provides to the community, and in support of the ability to share off street parking on adjacent property. Written comment in objection to the conditional use permit expressed concerns regarding the imposition of residents of the group home on other neighbors and the illegal expansion of an off street parking use of two vacant residential lots east of the subject property in association with PCMH. Planning Commission Minutes Jammry 11, 2012 Page 10 20. A Determination of NonSignificance was issued for the proposed action on January 5, 2012, per WAC 197 -11 -355. This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). Conclusions. Based on the information provided in the Department of Community Development Staff Report for CUP 11 -06 dated January 11, 2012, 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: A. The proposed use meets the definition of a group home as defined in Section 17.08.040(C) of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS -7 Residential Single Family zone under Section 17.10.040(R) PAMC. Group homes and supported living arrangements ensure that special needs individuals are afforded reasonable accommodation in their residential living situations thus empowering such individuals to live as independently with little responsible supervision. B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles Municipal Code. Conditions are attached to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Registration of group homes and supported living arrangements protects residents and identifies the homes for responders in the event of emergency and general aid calls. Siting review of group homes and supported living arrangements ensures that the uses will integrate well into residential neighborhoods while providing reasonable accommodation to all groups of people. D. As conditioned, the residence will be maintained in a manner consistent with other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood. E. The group home will be supported by PCMH professionals and staff ensuring that the special needs population will be supported in basic living skills including site maintenance. PCMH staff supervision will ensure a quick response to any issue that may arise within the residence thereby reducing the need for outside assistance from the City's emergency services personnel. F. As conditioned, the residence will be operated in accordance with the operational plan and established policies of the PCMH agency that is overseen by a large group of professional health care providers. G. As conditioned, the use is in compliance with goals, policies, and objectives of the City's Comprehensive Plan, specifically with Growth Management Element Goal A and Policy A.1.d; Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2; Residential Goals, Policies, and Objectives Goal B, and Policy B.1, and Goal C and Policy C.1; Utilities and Public Services Element Goals A and B, and Policy B.2; I- Iousing Element Goal A. and Zoning Ordinance. Commissioner Boyle seconded the motion which passed 5 0. Plaun g Comm,ss,on Minutes Januanv /1,2012 Page 11 Commissioner Anderson moved to approve CUP 11 -05 citing the following 3 conditions, 20 findings, and 7 conclusions: Conditions: 1. The conditional use permit for Peninsula Community Mental Health to operate a maximum 2- person group home use at 123 East 9 Street per application identified as Conditional Use Permit CUP 11 -05 dated received on November 18, 2011. Any change in the operation of the residence from that described in the staff report and application materials will require prior review by the Planning Commission or the approval shall be deemed invalidated. 2. PCMH will carefully screen clients pursuant to established procedure as presented in the application materials. 3. The residence will continue to be maintained in a manner such that it complements other residences in the neighborhood in appearance and character and shall be maintained in compliance with the International Property Maintenance Code. Two required off street residential parking spaces will remain available for the residence at the rear of the site. Site activities will be residential in nature. Findin zs: Based on the infornation provided in the Community Development Staff Report for CUP 11 -05 dated January 11, 2012, 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. On November 18, 2011, Peninsula Community Mental Health (PCMH) applied to the City of Port Angeles Department of Community Sc. Economic Development (CED) for a conditional use permit to allow a group home to be located at 123 East 9th Street in the City's RS -7 Residential Single Family zone. 2. Supported housing provides an independent living setting with minimal support that allows residents to transition to a more independent housing situation separate from a health care center over time. This practice is an effort to deinstitutionalize those persons with mental illness who are able to live more independently with little support service needed. Supportive residential use is overseen by the Departments of Health and Social and Health Services. 3. Group homes and hospices are identified as conditional uses in the RS -7 Residential Single Family zone per Section 17.10.040(I) of the Port Angeles Municipal Code (PAMC). Section 17.10.040(R) PAMC allows for 'other uses compatible with the intent of this Chapter" to be considered as conditional uses when not specifically defined. 4. A conditional use is defined in Section 17.08.0200) PAMC as "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. 5. A conditional use permit is defined in Section 17.08.020(G) of the Port Angeles Municipal Code 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 Planning Commission Minutes January 11, 2012 Page 12 properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" and finther states in (H) of the same section "Conditional Use a use pertnitted in a zone but which requires a special degree of control to snake such use consistent and compatible with other existing or permissible uses in the same zone." 6. A group home is defined in Section 17.08.040(C) of the Port Angeles Municipal Code_ as a non independent, non family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group hones include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence." 7. Section 17.10.010 of the Port Angeles Municipal Code describes the RS -7 Residential Single Family zone as a density residential zone intended to create and preserve urban single fantily residential neighborhoods consisting of predominantly single family homes on standard Townsite sized lots. Uses which are compatible with and functionally related to a single fancily residential environment may also be located in this zone. 8. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning Connnission shall consider applications for conditional use permits for uses 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, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Such review identifies emergency service needs of a particular use and identifies particular characteristics of individual neighborhoods. 9. Section 17.96.070(A) PAMC reads "Hearing and Appeal of Conditional or Unclassified Use Permit Applications. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fndly the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 1 40, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit." The Planning Commission's action is final unless appealed to the City Council within 14 days of a decision. 10. The site is situated in the City's Central Planning Area and is served by all municipal and emergency services. 11. The subject neighborhood is nearly built out with the exception of the two residentially zoned lots immediately east of the subject site. Jefferson Elementary School is located three blocks south of the site. The site is accessed from Lincoln Street east of the site, from 9 Street via Laurel or Lincoln Streets, and from the 8/9 Street alley. The City's main fire hall is located Planning Commission Minutes January 11, 20/2 Page 13 four blocks immediately north of the site with other commercial and govermnental uses along 8 and Lincoln Streets north of the site. Property south of the location is single family residential. 12. The property is owned by Nancy German, who signed the application as being aware of the proposal. The two bedroom residential structure exists on a single Townsite lot and provides two off street residential parking spaces at the rear of the site as is required by the City's Parking Ordinance. The exterior of the two bedroom residential structure has been considerably upgraded over the past year. 13. Residents of the home will live in a transitional living situation moving toward a more independent living environment. Residents will have been diagnosed with mental illness such that they are in need of some assistance in their daily lives that will be provided by PCMH staff. Residents are able to manage their finances, purchase and prepare food, and perform housekeeping chores and some residence maintenance activities. PCMH staff will visit the residence twice daily 5 days per week and once a day on weekends to provide coaching in nutrition, hygiene, time management, problem solving, budgeting, transportation, health support, and vocational plans. The group living situation is intended to provide a residence for individuals who are able to live capably with minimal responsible supervision. 14. The application provides criteria by which placement will be provided. Residents will be screened prior to placement in the residence. Screening criteria may include a criminal background check and an assessment of the level of independent function of potential residents. Application information indicates that consumers who occupy this type of group residence do not need 24 -hour care but benefit from supervision. Applicants who do not meet the criteria will not be placed in the residence 15. The Federal Fair Housing Act (FFHA) requires that licensing requirements shall not violate the rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. 16. Peninsula Community Mental Health operates under oversight by the Departments of Health (DOH) and Social and Health Services (DSHS). 17. The Federal Housing Authority Act (FHAA) limits municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common FHAA policy is to distribute group homes throughout a community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community. Local zoning regulations maintain final authority over locational siting but regulations must be administered similarly to any group occupancy. This application is being considered jointly with a second such application for a group home on property within the same neighborhood but not immediately adjacent to the subject lot. 18. The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 19. Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on December 16, 2011. Notification appeared in the Peninsula Daily News on December 20, 2011, with written comment accepted until January 4, 2012. Ms. Robin Popinski and Mr. Craig Short, business owners in the immediate area, provided written comment Planning Conmusston Afinutes January ll, 20/2 Page 14 in support of the application. Letters in opposition to the group home use were received from neighbors including Mr. Earl Richardson, Christina Williams, Marcus Roloson, Mr. and Mrs. Denny Goudie, Mr. and Mrs. Dan Schmid, Derek Goudy, Heather Buckrnaster and Dan Mock, and Jason and Kristen Chittick. All of the written comments are incorporated to this staff report as Attachment "C." 20. A Determination of NonSignificance was issued for the proposed action on January 5, 2012, per WAC 197 -11 -355. This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 11 -06 dated January 11, 2012, 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: A. The proposed use meets the definition of a group home as defined in Section 17.08.040(C) of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS -7 Residential Single Family zone under Section 17.10.040(R) PAMC. Group homes and supported living arrangements ensure that special needs individuals are afforded reasonable accommodation in their residential living situations thus empowering such individuals to live as independently with little responsible supervision. B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles Municipal Code. Conditions are attached to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Registration of group homes and supported living arrangements protects residents and identifies the homes for responders in the event of emergency and general aid calls. Siting review of group homes and supported living arrangements ensures that the uses will integrate well into residential neighborhoods while providing reasonable accommodation to all groups of people. D. As conditioned, the residence will be maintained in a manner consistent with other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood. E. The group home will be supported by PCMH professionals and staff ensuring that the special needs population will be supported in basic living skills including site maintenance. PCMH staff supervision will ensure a quick response to any issue that may arise within the residence thereby reducing the need for outside assistance from the City's emergency services personnel. F. As conditioned, the residence will be operated in accordance with the operational plan and established policies of the PCMH agency that is overseen by a large group of professional health care providers. G. As conditioned, the use is in compliance with goals, policies, and objectives of the City's Comprehensive Plan, specifically with Growth Management Element Goal A and Policy A.1.d; Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2; Planning Commission Al mines January 11, 2012 Page 15 Residential Goals, Policies, and Objectives Goal B, and Policy B.1, and Goal C and Policy C.1; Utilities and Public Services Element Goals A and B, and Policy B.2; Housing Element Goal A. and Zoning Ordinance. Commissioner Miller seconded the motion which passed 4 —1 with Commissioner Powers voting in the negative. Commissioner Powers' opposition vote was due to her belief that only one group home should be approved; two group homes in the neighborhood is burdensome. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Staff mentioned that Commissioners Powers, Miller, and Boyle's terms of office are due to expire on February 28. If appointment is desired, applications must be submitted to the City Clerk's Office. Planning Manager Roberds indicated a letter from Serenity House relevant to the reduction in parking approved by the Planning Commission for the Maloney Heights apartments. A condition of that approval was that a report including pictures be provided to the Planning Commission outlining parking counts to determine if the parking variance was appropriate given the significant reduction approved. The follow up report was signed by Brad Collins, on behalf of Serenity House, and requested confirmation that the parking variance will continue unless there is an indication of increased need. Following review of the letter and the report, it was the consensus of Commission members that the parking variance was warranted and that no adjustments need be made at this time. Staff will follow up with a letter to Serenity House. REPORTS OF COMMISSION MEMBERS There was some discussion of the procedure for follow up on zoning infractions and that the commercial parking situation occurring relative to Peninsula Community Mental Health use discussed during the meeting is a code enforcement issue that is under way. Staff will report on that progress at the next meeting. ADJOURNMENT The meeting adjourned at 8:20 p.m. Sue Roberds, •ecretary PREPARED BY: S Roberds r l John Matthews, Vice Chair