HomeMy WebLinkAboutMinutes 05/31/2000
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FORTANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
May 31,2000
SPECIAL MEETING
I.
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of May 24, 2000.
IV. CONTINUED BUSINESS:
1.
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (Highland LLC).
1702 Melody Circle: A proposal to establish a private chemical dependency
treatment facility in an existing structure located within the RED, Residential
High Density zone. (Continued from May 24,2000.)
V. CONTINUED PUBLIC HEARINGS:
1. COMPREHENSIVE PLAN AMENDMENT ~ CPA 00-01- LUND. West of
Race Street between Fifth and Seventh Streets: A proposal to change the
designation of property from Low Density Residential (LDR) to Commercial (C).
(Continued from May 24, 2000.)
2. COMPREHENSIVE PLAN AMENDMENT - CPA 00-02 - CITY OF PORT
ANGELES: A proposal to amend the density for residential units in High Density
Residential zones from a maximum of 43 units to a "density greater than 43 units
per net acre." (Continued from May 24, 2000.)
3.
COMPREHENSIVE PLAN AMENDMENT - CPA 00-03 - MORNINGVIEW
DEVELOPMENT, Lindberg Road/Golf Course Road: A proposal to change
the designation of property from Low Density Residential (LOR) to High Density
Residential (HDR). (Continued from May 24,2000.)
PLANNING COMMISSIONERS: Freel Hewins (Chair), Linda NUller{Vice Chair).BobKing,Fred Norton, Bob Philpott. Charles Schramm, Mary Cravlr
PLANNING STAFF: Brad Collins (Planning Director), David Sawyer (Senior Planner), Sue Roberds (Planning Specialist)
VI.
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VIII.
IX.
COMMUNICATIONS FROM THE PUBLIC
STAFF REPORTS
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
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PLANNING COMMISSIONERS: Fred Hewins (Chair,), Linda Nutter (Vice Chair);Bob King, Fred Norton, Bob Philpott, Charles Schramm, Mary Craver
PLANNING STAFF: Brad Collins, Planning Director; Sue Roberds. Planning Specialist.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 31, 2000
Special Meeting
7:00 p.m.
ROLL CALL
Members Present:
Linda Nutter, Fred Norton, Bob King, Chuck Schramm,
Mary Craver (Bob Philpott and Fred Hewins arrived after
Item No.1)
Members Absent:
None
Staff Present:
Brad Collins, Sue Roberds, Craig Knutson, Tom Riepe,
Greg Darling
Public Present:
Chuck and Janet Drysdale, Patricia Walker, Gene and Beryle
Middleton, James Argo, Katherine Burgess, Virginia
McFrederick, Barbara Thompson, Carroll Reed, Art and
Heather Wilmot, Lucienne Kirk, M. B. Stolley, Jerry Miller,
J oIm Swedstedt; Meredith Lund, Sherry Kimbrough, Mary
Otto, Margaret Anderson, Muralla Miller, Betty Uhrich,
Bonnie Warren, Olive Brooks, Kay Allen, Claire Steinman,
Perri Arnette; Rick Anderson, J oIm Duyshart, Bob Martin,
Steve Sanderson, Terry Larson, Craig Miller, Chuck Mullin,
Landon Kimbrough
Having announced Appearance of Fairness issues at previous meetings regarding the
Highland Courte Conditional Use Pennit, Chair Hewins and Commissioner Philpott were
absent from roll call and did not enter the Council Chambers until following the conclusion
of the first agenda item. Vice Chair Linda Nutter presided at the start ofthe meeting.
APPROVAL OF MINUTES
Commissioner King moved to approve the May 24, 2000, meeting minutes as presented.
The motion was seconded by Commissioner Craver and passed 5-0.
OLD BUSINESS:
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (Hiehland LLC).
1702 Melody Circle: A proposal to establish a private chemical dependency
treatment facility in an existing structure located within the RHD, Residential High
Density zone. (Continued from May 24,2000.)
Planning Director Collins reviewed the Planning Department's staff report identifying
fifteen conditions of approval discussed by the Planning Commission following close of the
Planning Commission Minutes
May 31,2000 Special Meeting
Page 2
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public hearing on May 24, 2000. The proposed conditions are intended to mitigate concerns
raised during the public hearing process. It has been determined that it is relatively easy to
access criminal background checks for patients who have committed crimes within the State
of Washington through the Washington State Patrol web site. The applicant has agreed to
abide by Condition No.5 but continues to be concerned that it is legally appropriate.
City Attorney Knutson confirmed that the applicant's attorney expressed concern at the
previous meeting regarding Condition No.5. It is his understanding that the applicants
intend to abide by the condition although the applicant's attorney is concerned that there may
be legal problems encountered in complying with the condition in which case the applicant
would have to return to the Planning Commission for a modification to the condition that is
enforceable.
The Commission began specific individual review of each of the fifteen conditions.
Vice Chair Nutter asked Mr. Robert Martin, P.O. Box 1934, Port Angeles, Washington,
manager ofthe proposed facility to confinn the hours of operation as noted in Condition No.
7. Mr. Martin stated that the hours of operation will be from 8 a.m. to 5 p.m.
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In responding to Vice Chair Nutter's concern regarding the intent of the scholarship
assistance suggested by the applicant and required by Condition II, Planning Director
Collins stated that the wording is intended to provide flexibility. If the facility is able to
provide for 5% of its patients from the local community without financial aid they might not
have to provide any additional scholarship assistance. Commissioner Schramm added that
his understanding was that the condition would ensure that financial aid would be available
to guarantee that local residents would be served and benefit by the facility. Commissioners
Craver, King, and Norton agreed with Commissioner Schramm's understanding.
The Commission made corrections to Condition No. 12 to ensure that advisory board
members would be comprised of volunteer community members with priority given to
residents from the surrounding residential neighborhood. Commissioner Norton expressed
doubt that the advisory board would be an effective committee because it lacks authority.
He doubted that anything would come of it. Hopefully residents will be invited and will be
listened to.
Director Collins noted that the intent of the advisory board is to include local professionals
and not to limit board members to only those people from the surrounding neighborhood.
In reference to Condition No. 14, Vice Chair Nutter suggested an amendment to require that
an independent report be included from the advisory board with the semi-annual report
verifying compliance with the conditions of approval. The Commission concurred.
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Staff responded to Vice Chair Nutter as to the procedure involved in investigating and
processing suspected zoning violations. Planning Director Collins indicated that the first
step in processing a complaint is to contact the property owner to identify the situation and
notify the property owner if a violation is continued. In the instance of a conditional use
Planning Commission Minutes
May 31.2000 Special Meeting
Page 3
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permit condition violation, consequences such as further review by the Planning Commission
are possible and in the most severe instance a permit may be voided. City Attorney Knutson
stated, at the request of Director Collins, that the ultimate enforcement action for Zoning
Code violations is set forth in the Zoning Code. The City can either take civil legal action
to enjoin the violation to have the activity stopped by a court of law, or in appropriate cases,
violators of the Zoning Code are subject to misdemeanor violations.
Further inquiry by the Planning Commission into how far a violation is allowed to go before
something is done occurred. Mr. Collins stated that for the most part when a reported
violation is investigated property owners/operators are usually willing to cooperate toward
a quick resolution. Violations are acted upon by City staff upon report by someone in the
community or by observance of a staff member. The Planning Department will coordinate
complaint activities with the Police Department in the event the purported activity is one that
is otherwise illegal. Tom Riepe, Interim Police Chief, responded that the Police Department
does not regularly coordinate with the Planning Department when violations are reported to
the Police Department. The coordination of a report of an incident concerning a serious
matter of zoning, or a report that a condition of approval for a particular permit has been
violated would have to be worked out. The subject address could be documented in the
Police Department data base such that if violations are reported they would be sent to the
Planning Department and the information would also be reviewed during the semi-annual
report.
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Commissioner Norton stated that the developers were given concessions from zoning
regulations in order to develop a senior residential community. Many seniors moved there
on the assurance that the community would develop and be restricted as a senior area. The
City in effect committed to a contract with the senior residents. That contract is being
broken by allowing others than senior residents into the neighborhood. He would not vote
for this use in this neighborhood.
Although Commissioner Schramm agreed with Commissioner Norton in that it is obvious
that the established senior neighborhood does not want the proposed facility as a new
neighbor and no doubt feel betrayed by the developer who made promises and the City that
implied promises, he did not see any way that the facility can legally be denied. The
Planning Commission is charged to act on facts not supposition. Hopefully the staff ofthe
proposed facility is aware that fear is a real thing and they will take it upon themselves to be
good neighbors with that in mind.
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Commissioner Craver agreed that according to the Americans With Disabilities Act (ADA)
the proposal cannot be denied. A conditional use permit was issued for the previous
Alzheimer's use on the site which is a similar type of care center. The building will not be
outwardly changed. There is a need for this type of treatment center in this area. She
believes that the fifteen conditions proposed will mitigate most ifnot all of the concerns that
have been raised at public hearings on the proposal.
Commissioner King added that the conditions should mitigate any concerns that could result
from such a use. The legal ramifications are such that support of the proposal is required.
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Planning Commission Meeting
Special Meeting - May 31, 2000
Page 4
Commissioner Nutter provided a history of the development of the Highland Communities
senior residential development. The previous Alzheimer's conditional use pennit was
approved following a great deal of thought by the Planning Commission. She was very
concerned that whether or not the impact on the neighborhood is real or imagined, it is very
real for the residents. However, the courts have ruled that you cannot deny certain uses based
on perceived threats. Currently the law appears to serve the fights of the individuals rather
than of the community.
Commissioner King moved to approve the conditional use permit as proposed citing
the following conditions, findings, and conclusions:
Conditions:
1. The particular use being conditionally pennitted is Highland Courte, a private
inpatient chemical dependency treatment center.
2. The chemical dependency treatment center services shall not include detoxification.
3. Patients must voluntarily apply for admission and shall not have been ordered by a
court to any type of "locked down" treatment.
4.
The treatment center shall serve only adult patients.
5. The treatment center shall only admit patients who swear by written affidavit that
they have not been convicted of a violent, sexual, or felony property crime. The
treatment center shall verify this information by obtaining a criminal background
check as soon as practicable, including perfonning a Washington Access To Criminal
History background check with the Washington State Patrol's WATCH web site, or
a similar background check according to the state in which the applicant resides,
before admitting any patient. Applicants who have been convicted of a violent,
sexual, or felony property crime shall not be admitted or shall not receive further
treatment.
6. The treatment center shall not admit persons with coexisting mental health and
chemical dependency diagnoses in accordance with the Diagnostic Statistical
Manual, DSM IV.
7. Visitors will be allowed only inside the facility and only on the weekends from 8 am
to 5 pm.
8.
A patient will not be allowed outside the facility without being in the company of a
staff member in a one-to-one ratio of patients and staff members, except as may be
necessary in the event of an emergency.
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Planning Commission Minutes
Special Meeting -May 31,2000
Page 5
9.
Because admission is only voluntary and a patient may choose to leave the program
prior to completion, individuals who do not successfully complete the treatment
program shall be either driven by a staff member to the airport or downtown bus
transfer station or picked up by an adult family member or other responsible party.
10. Patients will be brought to and picked up from the treatment center and will not drive
to and park a vehicle at the treatment center.
11. The treatment center will use its best efforts to ensure that at least 5% of the patients
shall be residents ofthe Port Angeles (Zip Code) area, including making financial aid
available for local residents.
12. Highland Courte shall receive advice and community input from an advisory board
comprised ofthe Executive Director and a group of volunteer community members
with priority given to volunteers from the surrounding residential neighborhood.
13. Highland Courte shall not seek additional licensing of other treatment authorities
without applying for and obtaining City approval.
14.
Highland Courte will provide semi*annual verification of compliance with these
conditions in the form of a written report to the Planning Department and Planning
Commission including a list of treatment center violations reported to or by State
agencies. The semi-annual report will also include an independent written report
from the advisory board.
15. All suspected incidents of criminal conduct will be promptly reported to the Port
Angeles Police Department, and treatment center staff will cooperate with the
responding police officers by giving written statements and as otherwise requested.
Findings:
The following findings are based on the information provided in the April 12, May 10, May
24, and May 31, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and information presented during the April
12, May 10, and May 24,2000, public hearings, and the Planning Commission's discussion
and deliberation. Consequently, the City of Port Angeles Planning Commission hereby
finds:
1.
The applicant, Highland Courte - Tim German, applied for a conditional use permit
to establish a private chemical dependency treatment facility in the RHD zone. The
application and supplemental infonnation are identified as Attachment B to the April
12,2000, Staff Report and Attachment B2 to the May 10,2000, Staff Report for CUP
00-03 ;
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Planning Commission Minutes
Special Meeting - May 31.2000
Page 6
2.
The applicant describes the facility as providing professional and affordable
treatment services for up to 48 men and women based on the "12 Step Recovery
Minnesota Model." Treatment will consist of group, individual, and family therapy
and includes lectures, video presentations and professional guided group therapy.
3. Although the application also included "mental health triage and stabilization
services," the applicant has stated these services are no longer part ofthe application.
4. The project site is located at 1704 Melody Circle.
5. The 2Y2 acre site is located in an existing residential district with a mixture of single
family homes, multi-family apartments, and senior housing.
6. The existing building and grounds were constructed and opened in 1999 as a 42 unit
assisted living facility forresidents with Alzheimer's disease. A CUP (CUP 97-13)
was approved for the Alzheimer's use in 1997.
7. The proposed facility will be managed by Northwest Care Services, the same
company that managed the previous Alzheimer's use at the site.
8.
The facility will be a private pay facility and will not be affiliated with any
government agency.
9. A ..medical director" will oversee the facility and staff of 30 employees.
10. There will be no doctors or nurses on staff, the staff will be trained professionals who
will work under the supervision of a licensed medical doctor. The doctor will visit
the facility once a week and be on call for the balance of time.
11. The average length of stay for a patient will be 21 to 28 days.
12. The services will not include detoxification.
13. Patients must voluntarily apply for admission and shall not have been ordered by a
court to any type of "locked down" treatment.
14. Visitors will be only inside the facility and only on the weekends from 8 am to 5 pm.
15. Patients will not be allowed outside the facility without being in the company of a
staff member in a one-to-one ratio of patients and staff members, except as may be
necessary in the event of an emergency.
16.
The facility's grounds include two yard areas for recreational purposes secured by
six foot high fences.
17. Completion of the program may satisfy a court order for treatment, but the program
shall exclude those persons ordered to any type of "locked down" treatment.
Planning Commission Minutes
Special Meeting. May 3/, 2000
Page 7
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18.
A patient may choose to leave the program prior to its completion but may not leave
the facility on his or her own.
19. The City's Police Department reviewed the proposed project and made comments in
memos dated April 5, 2000, and identified as Attachment C to the April 12, 2000,
Staff Report and dated May 3, 2000, and identified as Attachment C2 to the May 10,
2000, Staff report for CUP 00-03.
20. The Police Department contacted local law enforcement officials related to similar
facilities located in the Cities of Mountlake Terrace, Kelso, Aberdeen,
Y akimaIY akima County, Monroe, Kirkland/King County, Olalla!Kitsap County, and
Lacey Washington.
21. The Police Department memos expressed reservations about public safety impacts
experienced in other communities occurring with the proposed inpatient chemical
dependency treatment center at this location in a residential area, and these
reservations have led to the development of several conditions for approval regarding
admission restrictions.
22.
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Section 17.08.020(E) of the Port Angeles Municipal Code states: the definition of a
Conditional Use Permit is "a limited permission to locate a particular use at a
particular location, and which limited permission is required to modify the controls
stipulated by the Zoning 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. "
23. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose of a CUP
is to "assure that the maximum degree of compatibility between uses shall be
attained;" CUPs may be granted for projects that "are consistent and compatible
with the purpose of the zone. . ., consistent with the Comprehensive Plan, and not
contrary to the public use and interest; " and a CUP may be denied if the proposal
would "defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions."
24. The definition of social services in the Comprehensive Plan states, "Social services
means those services necessary to support life and health, such as food banks,
hospices, home health, congregate care, and day care services. "
25.
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The site's Comprehensive Plan designation is High Density Residential [HDR]. This
designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area and uses. Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category."
26. The City's Comprehensive Plan's Land Use Element Goal C and Policy C 1 establish
the district and neighborhood concept for residential land use planning in the City
Planning Commission Minutes
Special Meeting - May 3J, 2000
Page 8
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and Utilities and Public Services Element Goal A and Policy A3 provide or allow the
opportunity for social services for citizens with special needs. These goals and
policies are listed in Attachment D3 to the May 24,2000, Staff Report for CUP 00-
03.
Policy Cl states "Although such districts may be composed primarily ofresidential
uses of a uniform density, a healthy, viable district should be composed of residential
uses of varying densities which may be augmented by subordinate and compatible
uses. Single family and multifamily homes, parks and open spaces, schools,
churches, day care and residential services, home occupations, and district shopping
areas are all legitimate components of district development and enhancement. "
Utilities and Public Services Element Goal A states, "To provide or allow the
opportunity for services and facilities which enhance the quality of life for Port
Angeles citizens of all ages, characteristics, needs, and interests.
Utilities and Public Services Element Policy A3 states, "Social services providing
home care should be located in residential neighborhoods in a manner that
maintains the character of the immediate neighborhood. "
The Americans with Disabilities Act recognizes people with chemical dependency
as a protected class of citizens who have rights for social services which are
necessary for their particular needs. This would include services which are provided
in an inpatient residential setting, unless there is specific, well-documented evidence
of significant adverse impacts that cannot be mitigated.
31. The applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. "
32. The proposed use is located in an established residential district and multi-
family/senior housing neighborhood. It is in close proximity to existing single-
family neighborhoods to the northeast and southeast.
33. The purpose of the RHD zone states "Compatible land uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential area, and
commercial enterprises are not generally felt to be compatible. "
34. The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7,2000.
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35.
Following the optional DNS process 0NAC 197-11-355), the City expected to issue
a DNS for the Highland Courte CUP 00-03. Subsequent comments by the Port
Angeles Police Department identified adverse secondary effects that occurred for
similar developments in Mountlake Terrace and Kelso, Washington. Based on these
comments, the SEP A Responsible Official reconsidered the threshold determination
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Planning Commission Minutes
Special Meeling- May 3].2000
Page 9
and concluded that such adverse impacts, even if found to be significant, could be
conditioned or the proposal denied based on the City's Comprehensive Plan and
Zoning Code through the conditional use permit process and under the SEP A
substantive authority in WAC 197-l1-660(1)(a).
36.
45 letters of comment requesting denial of the CUP were received from the public
regarding this application, and a petition with 40 signatures opposing the project was
submitted to the Planning Department. Concerns expressed in the letters include
fears of increased crime and potential impacts on personal safety and property,
increased traffic, decreased property values, and the overall incompatibility of the
proposed use and the existing residences. The letters of comment are included in
Attachment E to the April 12, 2000, Staff Report, Attachment E2 to the May 10,
2000, Staff Report, and two additional letters provided with the May 24,2000, Staff
Report for CUP 00-03.
37.
The public comment period ran from March 22, 2000 to April 6, 2000.
38.
The facility will require 17 parking spaces; 29 spaces are provided on-site.
39.
The applicant has reported that there are 3,901 Clallam County adults who are in
need of chemical dependency treatment.
40.
The applicant's representatives and legal counsel have met with the City Attorney
and Planning Director to review and revise the proposed conditions, and there is
agreement that the proposed conditions are appropriate and enforceable, except for
Condition No.5.
41. The applicant is proposing to accept certain conditions for permitting a private
intensive inpatient chemical dependency treatment center in a residential area.
42. The applicant's representative testified that the admission policies will discourage
patients from driving themselves to the treatment center and parking their vehicles
on-site.
Conclusions:
The following conclusions are based on the information provided in the April 12, May 10,
May 24, and May 31, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and information presented during the April
12, May 10, and May 24, 2000, public hearings, and the Planning Commission's discussion
and deliberation. Consequently, the City of Port Angeles Planning Commission hereby
concludes:
A.
The proposed project is eligible for a CUP in the RHD zone as a "social service
agency providing 24-hour residential care. "
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Planning Commission Minutes
Special Meeting - May 3 I, 2000
Page /0
B.
The definition of "social services" in the Comprehensive Plan is broad enough to
encompass both residential and nomesidentiallife and health services, including
chemical dependency treatment in a residential care facility.
C. The City's Comprehensive Plan policies support the provision of social services in
residential neighborhoods in a manner that maintains the character of the immediate
neighborhood.
D. As conditioned, the chemical dependency treatment center is subordinate to the
surrounding residential district and may be found to serve the neighboring residents
and to be compatible with the surrounding residential land uses.
E. The proposed use with adequate controls is compatible with the adjacent land uses,
and CUP approval is specifically limited to this particular use as conditioned (any
new or expanded uses including additional services and other admission criteria will
require a new CUP approval).
F. With adequate controls, the proposed use can meet the daily needs ofthe neighboring
residents and is consistent with the intent the RHD zone and the City's
Comprehensive Plan Land Use Element Goal C and Policy Cl.
G.
The fifteen conditions mitigate concerns raised in the various staff reports and by
neighboring residents.
H. Although this is a nonresidential use providing primarily social services not
residential services, the inpatient chemical dependency treatment center does provide
this social service care in a 24-hour residential setting.
I. The facility is the same as it was when designed and used as an Alzheimer's care
center and physically does not change the established character of the immediate
multi-family neighborhood.
J. The evidence of increased public safety risks have been adequately addressed by the
conditions which restrict admissions to those patients with low risk characteristics
similar to the general population of the community.
K. The parking provided on-site will not accommodate patients' vehicles, and it is not
desirable to aid unsuccessful patients leaving the program in contradiction to
Condition No.9 by allowing their vehicles to be parked on-site.
The motion was seconded by Commissioner Craver and passed 4 - 1 with
Commissioner Norton voting in the negative for reasons previously stated.
The Commission took a 10 minute break at 7:50 p.m. The meeting reconvened at 8:00 p.m.
with Commissioners Philpott and Hewins joining the meeting and the chair being turned over
to Chair Hewins for the remainder of the agenda.
Planning Commission Minutes
Special Meeting - May 31, 2000
Page 11
. CONTINUED PUBLIC HEARINGS:
Chair Hewins stated that persons who intend to provide testimony must sign in and
acknowledge that their testimony is truthful to the best of their knowledge.
COMPREHENSIVE PLAN AMENDMENT - CPA 00-01 - LUND. West of Race
Street between Fifth and Seventh Streets: A proposal to change the designation of
property from Low Density Residential (LDR) to Commercial (C). (Continued from
May 24, 2000.)
Planning Director Collins reviewed the Planning Department's staff report recommending
denial of the proposed Comprehensive Plan Map amendment. Chair Hewins reopened the
public hearing.
Meredith Lund, 522 South Race Street, read a letter into the record explaining the
background of the use of the property and asked that the amendment be approved based on
approval of a similar change for property located east of the site across Race Street two years
ago.
There being no further testimony, Chair Hewins closed the public hearing.
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Commissioner Nutter provided some history on the Comprehensive Plan's designation for
the subject area. It was originally anticipated that the area might develop with apartments.
The City Council allowed a rezone for the Reed property across Race Street from this
location in opposition to the recommendation of the Planning Commission.
Commissioner Schramm noted that nearly all uses along Race Street have developed either
historically or under existing zoning regulations as commercial from Eighth Street north to
Fifth Street.
Planning Director Collins stated that the applicant has worked with staff on this issue but
there appears to be no alternative but to recommend denial of the proposal based on the
Comprehensive Plan policies regarding the crosstown truck route. He responded to
Commissioner Philpott that the current Comprehensive Plan designation of the area would
allow for a rezone to Residential Medium Density (RMD) which would allow for a duplex
on a 7,000 square foot lot. The intent ofthe Comprehensive Plan designation ofMDR is to
prevent strip commercial development along arterials. As development occurs along Race
Street and Lauridsen Boulevard it may become less desirable to put truck traffic along that
route which has been identified as part of the City's alternate crosstown route. Until the
Comprehensive Plan policies regarding development along arterials are changed, it seems
inappropriate to change the Comprehensive Plan Map as proposed.
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Commissioner King noted that during hearings regarding the City's proposed alternate
crosstown route, the City Engineer noted that if a secondary crosstown route is identified it
will probably be far in the future. However, it bothered him that the applicant constructed
a building that does not fit with the current Comprehensive Plan and zoning designation for
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Planning Commission Minutes
Special Meeting - May 31. 2000
Page J 2
commercial use when it is evident that the intent was to develop a commercial activity on
the property.
Planning Director Collins noted that at this point a home occupation would be possible for
someone living in the apartment or the applicant could seek a rezone to Residential Medium
Density for "a duplex use. However, a rezone for just the subject property could be
considered a spot rezone.
Commissioner Craver noted that when an alternate truck traffic route was planned there were
many, many log trucks traveling through town; this is no longer the case. She also pointed
out that the City Council rezoned the property across Race Street to the east, and she doesn't
see that a like rezone could be denied given that action.
Commissioner Norton agreed that the area appears to be developed with commercial
activities.
Although Commissioner Schramm noted that nearly all the properties adjacent to Race Street
in this location have developed to commercial uses and he sees the importance of planning
for an alternative truck traffic area. Decisions should be made for the long term not the short
term, and the Comprehensive Plan Map should be relied upon for that direction.
Commissioner King agreed.
Commissioner Craver reiterated that there is very little residential development remaining
in the specific area under discussion.
Commissioner Nutter noted that, if the Comprehensive Plan land use designation were
amended to be commercial as requested, a rezone to commercial would not be restricted to
the applicant's intended use. Such an action would permit any use allowed in the specific
commercial zone to which the property would be eventually rezoned to be established.
Commissioner Nutter moved to recommend denial of the Comprehensive Plan Map as
proposed citing the following findings and conclusions:
Findings:
1. The 2000 Comprehensive Plan Amendment is proposed by a property owner, Mr.
Michael Lund, for a change in the land use designation from Medium Density
Residential to Commercial in the area along the west side of Race Street between 5th
and 7th Streets.
2. The proposal encompasses a small strip (a few lots deep for a two block area).
3. The amendment was submitted in a timely manner prior to March 31, 2000.
4.
The proposed Comprehensive Land Use Map amendment would expand the
commercial land use designation along the planned crosstown truck route.
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Planning Commission Minutes
Special Meeting - May 31.2000
Page 13
5.
The Comprehensive Plan has been reviewed with respect to the proposed
amendment, and the City's Comprehensive Plan Growth Management Element Goal
A, Policies Al and A17, Land Use Element Goal A, Policy AI, Goal C, Policy C.1,
6. Goal E, Policies E.2, E.3, E.5, and E.6, and Transportation Element Goal B, Policies
B.2, B.3, B.6, B.7, and Objective B.1 were found to be the most relevant.
7. The crosstown truck route policies were adopted to take early action to relieve the
intensive pressure on the principal arterial (US 101) and the minor arterial (Marine
Dr) corridor through the downtown area.
8. A Determination of NonSignificance was issued per WAC 197-11-355 on May 23,
2000.
9. A previous Comprehensive Plan Amendment (CPA 96-01) changed the east side of
Race Street south of Sixth Street from the Medium Density Residential to
Commercial land use designation.
10. Three letters and a petition with 39 names opposing the proposed change in land use
designation from residential to commercial have been received.
Conclusions:
A
Such expansion is not consistent with the City's Comprehensive Plan Land Use
Element Goal E, Policies E.2, E.5, and E.6, and Transportation Element Goal B,
Policies B.2, B.3, B.6, B. 7, and Objective B.1.
B. lfthe primary purpose for relocating truck traffic off of First and Front Streets is to
avoid commercial areas where access and congestion are significant concerns with
circulation patterns, then developing new commercial areas along the planned
crosstown truck route would defeat a purpose for the major capital improvements
planned and given high priority in the Comprehensive Plan.
C. The expansion of a commercial area along the planned crosstown truck route on Race
Street should be seen as reducing the potential benefit for such a route and therefore
decreasing consideration of very costly improvements in the future.
D. The City's action on Comprehensive Plan Amendment CPA 00-01 is consistent with
the established procedures for amending the Comprehensive Plan, Title 18, Port
Angeles Municipal Code.
E.
Comprehensive Plan Amendment CPA 00-01 is not in the public interest without a
change in policies that give high priority to the planned crosstown truck route along
Race Street.
.
.
.
Planning Commission Minutes
Special Meeting. May 31,2000
Page 14
The motion was seconded by Commissioner King and passed 5 - 2 with Commissioners
Norton and Craver voting in the negative. Commissioner Norton voted in the negative
mainly because the corridor appears to have developed as commercial. Commissioner
Craver agreed with Commissioner Norton and added that it does not seem appropriate to
deny the use as requested when the same action was recently approved for adjacent property
to the east.
COMPREHENSIVE PLAN AMENDMENT - CPA 00-02 - CITY OF
PORT ANGELES: A proposal to amend the density for residential units in
High Density Residential zones from a maximwn of 43 units to a "density
greater than 43 units per net acre." (Continued from May 24,2000.)
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the amendment as proposed. Chair Hewins reopened the public hearing.
Brad Collins, City of Port Angeles Planning Director, answered questions noting that the
amendment is limited in scope to existing hotels and motel uses. He responded to
Commissioner Schramm that he believes there may be a dozen hotel/motel uses that could
be affected by the proposed amendment. The proposal would more easily allow the
conversion of existing hoteVmotels to apartment or single room occupancies (SRO)uses
which appears to be the trend. He confirmed for Commissioner Nutter that the intention is
not to restrict the conversion of future hotel/motel uses to apartment or SRO uses. The
amendment would not be restricted to existing hotels/motels. The proposed change would
not eliminate the established parking requirements or any other requirements other than an
increase in the density in commercial zones for such uses.
There being no further testimony, Chair Hewins closed the public hearing.
Commissioner Craver agreed that the proposed amendment would more easily allow for the
conversions of hotel/motel living units to low and moderate or single occupancy living units.
She moved to recommend approval of the Comprehensive Plan Amendment citing the
following findings and conclusions:
Findings:
1. Based on an administrative interpretation of Comprehensive Plan policies and
development reviews of the conversions of several existing buildings, the City is
proposing the following amendment: Land Use Element, General Comments
Section, page 51, "High Density Residential (up to 43 units per net acre, except that
existing motel or hotel units may be converted to residential units at a density greater
than 43 units per net acre)."
2.
The proposal provides an exception to the maximum residential density that is
permitted in the City of Port Angeles with the intention of facilitating the reuse of
vacant and often derelict motel and hotel buildings.
.:
.~
.
Planning Commission Minutes
Special Meeting - May 31, 2000
Page J 5
3.
The City has experienced blight caused by the abandonment of large buildings such
as the Lee Hotel, which represent a significant investment and are subject to lengthy
periods while sale is offered and/or when dilapidation takes place.
4. Before the new Comprehensive Plan and Zoning Regulations were adopted under
with the Growth Management Act, the City's policies made residential use
nonconforming in commercial zones. Changes in the Comp Plan policies in 1994
and the Zoning Code regulations in 1995 encouraged and pennitted residential uses
in commercial zones. Consequently, reuse of motels and hotels for residential
apartments and condominium units is now possible.
5. The proposal applies to motels and hotels City-wide.
6. The amendment was submitted in a timely manner prior to March 31, 2000.
7. The Comprehensive Plan has been reviewed with respect to the proposed
amendment, and Land Use Element Goals B, C, D, and F, Policies C.1-CA, D.1,
and F.3, Housing Element Goals A and B, Policies AI, A2, A5, B.3, and B.5, and
Economic Development Element Policy B.5 were found to be the most relevant.
8.
The Comp Plan goals and policies encourage a variety of residential opportunities
and densities within a community of viable districts and neighborhoods, creating the
desired urban design of the City where housing in available and affordable.
9. The Public Works and Fire Departments have no comments on the proposal.
10. A Determination of Non Significance was issued per WAC 197-11-355 on May 23,
2000.
11. Notice ofthe public hearing on the proposed amendments to the Comprehensive Plan
was published on May 10, 2000.
12. No public comments have been received.
Conclusions:
A The proposed density revision is consistent with the City's Comprehensive Plan
Land Use Element Goals B, C, D, and F, Policies C.I-C.4, D.1, and F.3, Housing
Element Goals A and B, Policies A.I, A2, A5, B.3, and 8.5, and Economic
Development Element Policy B.5.
8.
High density housing should be located in areas of the community most suitable for
such uses, based on existing services, public facilities, and transportation.
Planning Commission Minllles
Special Meeting - May 31. 2000
Page 16
C.
Residential conversions of old motels and hotels will help to maintain a healthy and
diverse commercial sector by renovating blighted buildings.
.
D. The City's action on Comprehensive Plan Amendment CPA 00-02 is consistent with
the established procedures for amending the Comprehensive Plan, Title 18, Port
Angeles Municipal Code.
E. Most existing motels and hotels are located downtown or along primary arterials
where public facilities and services are adequate to serve the needs of residential
densities in excess of 43 units per acre.
F. Comprehensive Plan Amendment CPA 00-02 by encouraging housing opportunities
and economic development is in the public interest.
Commissioner King seconded the motion which passed 6 - 1 with Commissioner Nutter
voting in the negative. Commissioner Nutter noted that her vote is because the amendment
could allow for an inordinate amount of high density development of low and moderate
income housing in previous hotel/motel units.
.
COMPREHENSIVE PLAN AMENDMENT - CP A 00-03
MORNINGVIEW DEVELOPMENT. Lindbeq: Road/Golf Course
Road: A proposal to change the designation of property from Low Density
Residential (LOR) to High Density Residential (HDR). (Continued from May
24,2000.)
Commissioner Philpott asked to be excused from the meeting due to a potential appearness
of fairness issue with the Momingview Development application as he is a resident in the
direct vicinity.
Commissioner Norton indicated that he is also a resident of the general vicinity but felt that
he could act fairly on the proposal. No one in the audience objected, and he remained.
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the amendment as proposed.
Director Collins responded to Commissioner Schramm that the Golf Course Road area is a
potential corridor for an alternate crosstown route, but it would likely be south of the
proposed location. There is a policy in the Comprehensive Plan that states that we should
be protecting such a corridor once it is identified and defined from potential land use
conflicts. At this time the corridor is not identified, and it is therefore difficult to speculate
on its location. The State of Washington was looking at an alternate U.S. 101 corridor, but
with the passage of Initiative 695 that work has been shelved.
.
In response to Commissioner Norton, Mr. Collins answered that improvements to abutting
streets to the proposed site would be required to be made at the expense of the developer of
the property not the neighborhood residents.
.
.
.
Planning Commission Minutes
Special Meeting - May 31. 2000
Page 17
Chair Hewins reopened the public hearing.
Terry Larson, David Evans and Associates, 3700 Pacific Highway, Tacoma, WA 98424,
concurred with staff s report and was prepared to answer questions.
In response to Commissioner Norton, Mr. Larson stated that the intention is to construct
apartments for seniors fifty years of age and older with additional amenities for recreational
vehicle storage on-site.
Chair Hewins wished to put into the record the fact that the Peninsula Golf Course is located
directly across the street from the proposed site. Future development of the proposed site
must take that fact into consideration and not hinder the established golf course use or make
claim against it in association with a multiple residential activity on the proposed site.
Commissioner Nutter noted that there is a good deal of property already designated for
multiple family use in the vicinity of the proposed site along Del Guzzi Drive which has not
been developed. She asked if that property had been considered rather than a redesignation
of additional property in the same vicinity at this time. Mr. Larson responded that his
partners feel that the golf course is an attractive amenity to the proposed development and
the property owner is a willing participant in the process. The Del Guzzi Drive property was
not considered.
Patricia Walker, 1815 East Third Street, asked several questions regarding the association
between the City's Comprehensive Plan and zoning process. Chair Hewins explained that
the Comprehensive Plan is the major underlying plan and provides goals and policies for
specific types of uses within the city. The zoning is then applied in accordance with that
plan. A change in a Comprehensive Plan designation for an area does not automatically
change the zoning.
Planning Director Collins added that a change in the Comprehensive Plan designation does
not guarantee a rezone. An applicant would have to demonstrate that a rezone is appropriate
and timely for an area and what improvements to public services would be required as a
result.
Ms. Walker had further questions regarding the analysis provided of land available for
residential high density development within the City. Mr. Collins responded that the 1993
and 1995 analysis provided in staffs report was relative to land already zoned and available
for residential high density development at the time of the 1995 city wide zoning changes.
There being no further testimony, Chair Hewins closed the public hearing.
The Commission began discussion regarding the location of the proposed site being directly
within the corridor that has been considered for an alternate crosstown route.
.
.
.
Planning Commission Minutes
Special Meeting - May 31,2000
Page 18
Commissioner King moved to recommend approval of the Comprehensive Plan Map
change as proposed. The motion was seconded by Commissioner Craver. The vote was
3 - 3 and therefore the Commission was unable to forward a recommendation to the
City Council. Commissioners King, Craver, and Norton voted in favor. Commissioners
Nutter, Schramm, and Hewins voted in the negative. Commissioners voting in the negative
were of the consensus that the area should not be redesignated at this time due to its location
along the route that has been identified as a future crosstown route. Commissioner Nutter
added that there is a good deal of land available in this subject area that is accessible to the
golf course, is identified for high density development, is vacant, and is available.
COMMUNICA TIONS FROM THE PUBLIC
None.
STAFF REPORTS
Director Collins reminded Commission members that the Adult Entertainment public hearing
is scheduled for June 14 and that those members who have not reviewed the material must
do so prior to that date.
REPORTS OF COMMISSION MEMBERS
Commissioner Schramm indicated that he has visited the Highland Commons apartment
developments several times within the past few weeks and is concerned that the parking
reduction that was approved for the senior development was not appropriate. There is an
excess of parking not only in the parking lot but on the street that appears to be directly
related to the apartment uses. He therefore noted that future comparisons with regard to
requested parking reductions for senior apartment developments not be compared to the two
developments.
Commissioner Nutter asked that staff review the parking, landscaping and conditional use
permit conditions for the McPhee Conditional Use Permit located at the northeast corner of
Race and 8lh Streets. Staff will report back with the information.
ADJOURNMENT
The meeting adjourned at 10:15 p.m.
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Fred Hewins, ChaiT
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PREPARED BY: S. Roberds
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