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HomeMy WebLinkAboutMinutes 01/25/2012ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 25, 2012 6:00 p.m. Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, David Miller, Amanda Anderson, One Vacancy Members Absent: Staff Present: Public Present: CONTINUED PUBLIC HEARING None. One vacancy. Scott Johns, Heidi Greenwood, Sue Roberds Patti Mon Christine Williams, Theresa Schmid, Peter Casey, Kenny McDaniels, Paul Cronauer, Terry Peterson CALL TO ORDER Chair Reiss called the meeting to order at 6:00 PM and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Miller moved to approve the regular January 11, 2012, meeting minutes as presented. The motion was seconded by Commissioner Boyle and passed 5 0 with Commissioner Reiss abstaining due to absence at the meeting. 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 (The applicant has requested that this item be withdrawn.) Chair Reiss opened the continued public hearing. Planning Manager Roberds indicated the e -mail from the applicant's representative Carol Brown stating withdrawal of the application. Commissioner Matthews moved to accept withdrawal of the application. Commissioner Anderson seconded the motion that passed 6 0. Planning Commission Minutes January 25, 2012 Page 2 PUBLIC HEARINGS STREET VACATION PETITION STV 11 -04 BIRDWELL, Portion of the Georgiana /Front Street alley 1527 East Front Street: Planning Manager Roberds reviewed the Department Report recommending approval of the street vacation petition. Mrs. Roberds indicated that a property owner in the area was in the audience who would like to address the Commission regarding access to his landlocked property. Chair Reiss opened the public hearing. Paul Cronauer, 806 Milwaukee Drive apologized for the late discussion but asked the Commission to consider the matter of access to his landlocked property that is located north of the petitioner's holdings in the area. He said that he could produce an easement indicating that Rayonier Properties granted him an easement some 30 years ago when he purchased his property to access Georgiana Street and further access the difficult to reach property that he owns. He does not have access to his site without the easement. Manager Roberds identified visually where Mr. Cronauer's property exists relative to the petitioners' holdings and Georgiana Street. In response to a question of access, Associate Planner Scott Johns indicated that access to the environmentally sensitive area site is difficult but not impossible. Terry Peterson, 137 Fainvay Drive, Sequim, WA 98382, represented Mr. and Mrs. Ray Birdwell in this matter. Mr. Peterson stated that the Birdwells are not opposed to working this matter through further with Mr. Cronauer if there is something that can be done to accommodate him without encumbering their holdings. They have not given any easements to cross their property. Mr. Cronauer's property is further north of the Birdwell holdings and appears to be unbuildable and very difficult to access. However, the petitioners are not adverse to continuing this matter to the next Planning Commission meeting to afford time to work out the details. The Commission began discussion with Mr. Cronauer as to how he has accessed his property in the past and Commissioner Matthews stated that the property appears to be entirely within an environmentally sensitive area and likely not accessible by any City rights -of -way nor a good building investment. Mr. Cronauer responded that he is aware of the difficulties of reaching his property but had hoped to build a home on the site in the future. I-te has relied on travel along private properties to access Georgiana Street to get to the property in the past and has worked with sensitive properties in the past. I -Ie has not visited the site in some time and utilities do not serve the site as there are no City utilities in the area. Following further comments regarding access to the site, Commissioner Boyle moved to continue the public hearing to the regular February 8, 2012, meeting. Commissioner Matthews seconded the motion that passed 6 0. Planning Connnission Minutes January 25, 2012 Page 3 EXTENSION REQUEST CONDITIONAL USE PERMIT CUP 10 -05 EAGLES 112 East Eighth Street: Request to allow the continuation of a social club in the CSD Community Shopping District until September 30, 2012, to allow completion of the construction of a permanent facility elsewhere. Planning Manager Sue Roberds presented the Department Report recommending approval of the extension request with conditions. Chair Reiss read the quasi judicial action qualification information for the Commission and audience members. There were no objections and so the Chair opened the public hearing. Patti Morris, 301 Birdsong Lane represented the application. She understood the Department Report conditions and said that the Eagles' new building is under construction in the County and should be done before the requested September 30, 2012 extension date. There should not be a need for further extension. Mrs. Morris said that it is not normal for many Club members to be at the subject site until after 5 PM during the week, however, some administrative staff may be there during the afternoon. The Eagles is a members only club with very few members at this time; they have not heard of any complaints regarding the past year's operation at the subject location. No changes are planned in Club activities at this location. In noting the new agreement with the property owner and neighboring business, Peninsula Community Mental Health (PCMH), Chair Reiss asked if any parking conflict is perceived. Mrs. Morris responded that she does not believe there will be any conflicts with the use of Eagles designated parking during the day for PCMH given that most of the Eagles activities occur after PCMH business hours. The Club is aware of the constraints of parking in the area and of the neighborhood concerns. Christina Williams, 111 E. 9 111 Street is a direct neighborhood south of the alley to the subject property. She said that, for the most part, there have been no problems with the Eagles use of the site. She asked that Club members be aware that they cannot use the alley for parking and that Club members do not smoke in the area given the danger of fire. In response to Chair Reiss, Mrs. Morris responded that no smoking can occur within the Club structure and members do go outside to smoke but she believes they do not smoke in the alley area. Club members will be mindful of the stated concerns and strive to be good neighbors as well. She reiterated that she had not heard of any complaints that need to be addressed in this matter. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Miller moved to approve the extension request with 3 conditions, citing the following findings and conclusions in support of the motion: Conditions: 1. Conditional Use Permit CUP 10 -05 for the Fraternal Order of Eagles to conduct a social club activity at 112 East 8 Street is hereby extended until September 30, 2012. If further extension is desired beyond that time period, a request must be received by Planning Canneission b-finutes January 25, 2012 Page 4 the Community Economic Development Department prior to expiration of the permit. 2. Adequate off street parking is critical to Club use. The joint use parking agreement on file with Peninsula Community Mental Health shall remain active for the duration of the extended occupancy. Club activities will be scheduled to ensure that activities will not result in more parking demand than available off street parking can provide. Club use between the hours of 10 AM and 5 PM M -F will be restricted to those uses that will not impact established on street parking activities and at no time will parking be allowed to intrude into nearby residential streets. The Club management have stated that members shall be made aware of the importance of using available off street parking. 3. Activities shall be restricted to Club member use. No outside bookings will be scheduled. Findings: 1. Conditional Use Permit CUP 10 -05 was approved for the Fraternal Order of Eagles on December 8, 2010, to conduct an interim lodge /club use in the Community Shopping District at 112 East 8 Street. A one year period was requested to allow a site search and construction of a permanent structure. The CUP was approved until December 8, 2011 with 6 conditions. 2. A letter was received from the Eagles on December 9, 2011 requesting extension of the CUP until September 30, 2012, to allow for construction of a new site in another arca of the County. 3. Per 17.96.050(A) and (B) PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits that 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. 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. 4. A one year time period was initially approved due to the applicant's request and to address concerns of the adjacent neighborhood regarding on street parking and perceived club operation. 5. 17.96.070 (E) PAMC Extensions of Approved Conditional Use Permits Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. Planning Cummisszcn ALtinules January 25, 2012 Page 5 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. 6. Section 17.96.070 PAMC requires that notice of conditional use permit application shall be given per Section 17.96.140 PAMC with a public hearing scheduled before the Planning Commission. The Planning Commission's decision shall be final unless appealed to the City Council within 14 -days of approval. 7. The site was posted for notice of land use action with notice sent to surrounding property owners on December 23, 2011. Publication appeared in the Peninsula Daily News on December 28, 2011. No written comments were received during the written public comment period which expired on January 20, 2012. Staff has not been made aware of any infractions of permit conditions during the past year of operation nor have any Police reports been filed. 8. Section 17.01.020(J) PAMC defines the purpose and intent of the CSD Zone as a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served..." 9. The Comprehensive Plan designates the site as Commercial being located in the City's Central Planning Area. Development in neighboring areas is in conformance with Comprehensive Plan designations and includes a wide variety of commercial uses including business offices with single family residential development south of the adjacent 8/9 alley. 10. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Map Goal A, Policies 1 2 were found to be relevant to the proposal. The club use is a more social use than those uses generally referred to in the text of the Comprehensive Plan. 11. The specific site provides 14 improved off street parking spaces. A parking agreement with the parent property owner, Peninsula Community Mental Health provides an additional 50 off street parking spaces for use on the adjacent property on weekdays after 5 PM M -F and all day Saturday and Sunday. Staff is not aware of any parking concerns that have occurred during the past year of operation. 12. Previous testimony by Club membership indicated that larger club functions will be scheduled during times when adequate off street parking is available to avoid Planning Co, nussron Minutes January 25, 2012 Page 6 conflicts with established neighborhood uses. Traditional uses such as bingo and events open to the public are limited to accommodate parking restrictions of the constrained location. 13. A betermination of NonSignificance was issued for the proposal on December 4, 2010. This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). Further SEPA review is not required as no changes are planned. 14. Staff review indicated that conditions of permit approval have been met and no changes are proposed. Conclusions: A. The proposal is consistent with provisions of the Port Angeles Municipal Code, specifically with the expectations of development identified for the Community Shopping District (Section 17.22 PAMC) and with the procedures for processing conditional use permits and extensions found in 17.96.070 (E) PAMC. Q. The past year of operation has not resulted in conflict with any conditions of approval. No change of use is planned. There have been no significant, adverse changes in circumstances. C. As conditioned, continued Club activities are supported by adequate on site parking as is required by Section 14.40 (Parking) PAMC. Club membership is cognizant of the need to restrict expanded Club activities to those times when off street parking will not impact established business or residential neighborhood activities. D. As conditioned, the use will not impact public health, safety, or welfare, and will not result in a negative impact or depreciation of neighboring properties. Commissioner Boyle seconded the motion that passed 6 0. STAFF REPORTS Associate Planner Johns said that the Shoreline Master Program draft is nearly ready for Planning Commission discussion review. His past absence from the office caused a lengthy delay in that draft preparation but he is confident that a draft will be available for Commission review in March, 2012. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7: p.m. Sue Robe PREPARED BY: S. Roberds Doc Reiss, Chair