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HomeMy WebLinkAboutMinutes 09/09/2009PTAEJES W A S H I N G T O N U S A. COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street September 9, 2009 6 p.m. I. CALL TO ORDER Pledge of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of August 26, 2009 IV. PUBLIC HEARINGS: 1. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -02 MOBILISA, Port Angeles Harbor: Request for a shoreline substantial development permit to allow placement of an environmental buoy in the Port Angeles Harbor approximately 70' of water northwest of the Rayonier Mill site. 2. MUNICIPAL CODE AMENDMENT MCA 08 -04 CRONAUER, Amendment to the Residential Medium Density (RMD) zone: Proposal to amend the RMD zone to permit light commercial uses. 3. CONDITIONAL USE PERMIT CUP 09 -06 HILGREN, 711East Second Street: Request to permit an outreach center in the Commercial Office zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS Doc Reiss (Chair), John Matthews (Vice Chair); Werner Beier, Mike Caudill, Tim Boyle, Carla Sue, Nancy Provers. PLANNING STAFF Nathan West, Director, Sue Roberds, Planning Manager, Scott Johns, Associate Planner, Roberta Korez, Assistant Planner ROLL CALL Members Present: Nancy Powers, Carla Sue, Mike Caudill, Doc Reiss, John Matthews Members Excused: Werner Beier Staff Present: Scott Johns, William Bloor, Heidi Greenwood, Roberta Korcz, Sue Roberds Public Present: APPROVAL OF MINUTES Commissioner Powers noted a typographical correction and with the correction, motioned to approve the August 26, 2009, regular meeting minutes as presented. The motion was seconded by Commissioner Boyle and passed 6 0. PUBLIC HEARINGS: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 9, 2009 6:00 p.m. Jim Rabb, Pam Fosnes, Susan Hilgren, Margie Bauer, Dave Hill, Brad Collins, Paul and Sarah Cronauer, Cookie Kalfur, Cheryl Mantle Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements. Following review of the questions, all Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending applications. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 09 -02 MOBILISA, Port Angeles Harbor: Request for a shoreline substantial development permit to allow placement of an environmental buoy in the Port Angeles Harbor approximately 70' of water northwest of the Rayonier Mill site. Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with one condition. There being no questions, Chair Reiss opened the public hearing. Jim Rabb, 191 Otto Street, Port Townsend, WA 98368 explained that the data gathering buoy project is a joint venture with the U.S. Navy The buoy will collect environmental data including weather information, mineral content of the water, oil spill detection, and more. The project is currently sustained for 5 years through a grant. Data will be made available to the public and can be accessed via the Internet. Planning Commission Minutes September 9 2009 Page 2 Following brief questions from the Commission regarding the process and location of the buoy, and there being no further questions, Chair Reiss closed the public hearing. Commissioner Caudill moved to approve the shoreline substantial development permit with one condition, citing the following findings and conclusions in support of the action: Condition 1 The applicant shall obtain all necessary permits from local, state and federal agencies prior to installation of the buoy Verification of permit issuance shall be supplied to the City prior to placement. Findings Based on the infornation provided in the September 9, 2009 Staff Report for SMA 09 -02 including all of its attachments, comments, and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1 An application for a shoreline permit was submitted by the City of Port Angeles, on July 23, 2009, for the replacement of a floating buoy to collect environmental data in the Port Angeles Harbor The application indicates that the work will occur approximately 2,500 feet northeast of the end of the Rayonier mill pier The project will be completed in a single phase. The buoy will be anchored to the bottom using four 500 pound mushroom anchors and 250 feet of anchor chain. The applicant is Intellicheck Mobilisa, Inc. 2. A Determination of Non Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on September 2, 2009, following close of the written public comment period. 3 Notice of the project was published in the Peninsula Daily News on July 30, 2009 Notice of the proposal was mailed to property owners within 300 feet of the project site on July 28, 2009 The site (the nearest public access to the marine site is at the City Pier) was posted on July 30, 2009 No written public comments were received by the Department of Community and Economic Development during the public comment period that ended on August 21, 2009 4 The Port Angeles Shoreline Master Program, Comprehensive Plan, and critical areas ordinances have been reviewed with respect to this application. 5 The site is designated Industrial on the City's Comprehensive Plan Land Use Map, and Aquatic- Harbor in the City's Shoreline Master Program. 6. City's Shoreline Master Program, Chapter 5 Section H. (Environmental Designation Matrices) indicates both commercial and industrial water dependent uses are permitted in the Aquatic Harbor designated areas. The following adopted Shoreline Master Program policies are most relevant to the proposed project: Chapter 4, Regulations D -7 through 9, 11, Chapter 5, Policy F -5 7 The following adopted Comprehensive Plan policies are the most relevant to the proposed project: Land Use Element Goal A, Policy No. 2. 8. The proposed project will not interfere with public access to the shoreline. Planning Commission Minutes September 9, 2009 Page 3 9 The data gathering equipment and signal light will be solar and wind powered with a storage battery reserve. No emissions to the air or the water are anticipated from the buoy project. Conclusions Based on the information provided in the September 9, 2009, Staff Report for SMA 09 -02 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project as conditioned, is consistent with the City Comprehensive Plan, Land Use Map, and Shoreline Master Program. B The project will not be detrimental to the shoreline. No structural installation will occur uplands of the Ordinary High Water Mark. C. The project will not create adverse impacts to environmentally sensitive areas, critical habitats or species. D As conditioned, the proposed project will not adversely interfere with public use of lands or waters and is in the public interest as it will provide information gathering opportunities for the harbor area. Commissioner Sue seconded the motion that passed 6 -0. MUNICIPAL CODE AMENDMENT MCA 08 -04 CRONAUER, Amendment to the Residential Medium Density (RMD) zone: Proposal to amend the RMD zone to permit light commercial uses. Brad Collins, 2211 West 6 Street represented the applicants Paul and Sarah Cronauer Mr Collins asked for a continuance of the hearing as, due to the Labor Day holiday, the applicants had been unable to discuss the staff report contents with staff. The staff report was received late the previous week, and upon reading it, it became apparent that an incorrect version of the application had been submitted. He asked for a continuation of the hearing to work on various issues with staff. Attorney Bloor responded to Chair Reiss in the matter, and stated that, on behalf of Director West who could not be present, the City objects to a continuation. Attorney Bloor outlined staff's efforts to work through points of the application with the proponents over the past eleven months and noted that staff had informed the applicants on several occasions that they could not support the proposed code amendment. Staff believes that it is time to act on the application on its own merits and not continue this application process. The City is ready to proceed with the matter. The proponents should present the application or withdraw it. Paul Cronauer, 806 Milwaukee Drive stated that he has read two versions of the staff report. He asked to withdraw the application at this time. Chair Reiss accepted Mr Cronauer's request to withdraw the application. The Chair moved to the next item on the agenda. Planning Cammiss,on Minutes September 9 2009 Page 4 At this point Commissioner Sue announced that she had an appearance of fairness issue with the next issue. She left the meeting Chair Reiss reviewed the quasi judicial public hearing guidelines and qualifying statements for the remaining five Commissioners. Following review of the questions, the remaining Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the next pending application. CONDITIONAL USE PERMIT CUP 09 -06 HILGREN, 711East Second Street: Request to permit an outreach center in the Commercial Office zone. Associate Planner Scott Johns reviewed the Department report recommending approval of the conditional use permit with conditions. Commissioner Boyle asked how the operation would be analyzed. Planner Johns responded that the applicant could best answer that question. Mr Johns added that violations of the City's Municipal Code are enforced by Code Enforcement personnel. Susan Hilgren, 12 Pierce Road, Port Angeles, WA said that there would be a minimum of three qualified volunteers present during hours when youth and young adults are served at the proposed outreach center She anticipated 25 to 30 youth/young adults could be served within the first year In response to Commissioner Powers, Ms. Hilgren responded that the age group of those served can be from 13 to 24 years of age but is most likely to be in the17, 18, 19 year age range from past experience. In discussion regarding whether the "kids" referred to are youth or young adults, Ms. l- Iilgren said she considers those served by the outreach center to be kids because they are younger than middle age. All of those served are needy in spirit. Ms. Hilgren distributed three letters of support from Jim Borte, Project Coordinator, Clallam County Sheriff's Department, Patsy Feeley, and David Hull, President Board of Trustees, Unity of the Olympics, Port Angeles, that were read into the record by Planning Manager Sue Roberds. In response to Commissioner Boyle, Ms. Hilgren said that she absolutely counsels those served of the need to seek gainful employment. She and other volunteers help to teach those served how to fill out applications and handle job interview and responsibility situations. In response to Commissioner Reiss, as to what the proposed outreach center would provide that the existing DreamCenter does not offer, Ms. Hilgren stated that the DreamCenter offers only a place to stay, the outreach center hopes to also provide spiritual needs and follow through with teaching those served how to deal with every day issues and become responsible citizens. The outreach center will operate on a limited basis due to the need to provide adequate supervision when open. Hours of operation will be Monday, Wednesday, and Friday from 3 p.m. to 7 p.m. and Saturday 4.30 p.m. to 6.30 p.m. The center will be locked when there are not volunteers present to supervise. She asked if AA meetings and /or a daycare center would be possible at the site. Pam Fosnes, 1028 East Seventh Street addressed the Commission regarding the location of the outreach center in relationship to other uses in the area. A glass recycling center and other light Planning Commission Minutes September 9 2009 Page 5 industrial uses are found east of the proposed location in the immediate vicinity, a park is south across the street, an active commercial corridor is across the alley to the north, and apartment and residential uses are east. This is not a quiet area at present as has been stated by public comment in the staff report. Many kids already frequent the area. Ms. Hilgren is a licensed counselor who has worked with families and youth issues for many years. She is passionate about her work and serving youth. She helped start the DreamCenter and will supervise volunteers at the proposed center Ms. Fosnes stated that she is a registered nurse who is trained in assessing physical and psychological needs. If it is perceived that there is a need that cannot be addressed by the volunteers, they will not hesitate to refer to another responsible professional. The volunteers are respectful of veterans' needs and those of needy people seeking help. Music will only be of the sort conducive to relaxation and will be kept inside the structure, not in the parking area, or such that it can be heard outside the building. Loud music is not conducive to quality conversation. David Hall, 343 Hause Road, Port Angeles, WA is a volunteer with the center He is a licensed emergency medical technician and retired from the Air Force. He has worked with outreach centers and is anxious to work in this program as a supporting volunteer Those served will be taught respect, responsibility, and will be monitored as to their progress and short comings with love and respect in return. Other centers offer only support for the physical person. This outreach center will support the physical and spiritual needs of those served. Carey Canby, 712 East Second Street lives in the neighborhood. She asked why the location was chosen and why the DreamCenter is not satisfactory? It doesn't seem that another center is needed such a short distance apart. She objected to the activity and thought that some of her other neighbors felt the same who had not come to the meeting. In response to Chair Reiss, Ms. Hilgren responded that most of the volunteers previously worked at the DreamCenter There being no further testimony or questions, Chair Reiss closed the public hearing. Commissioner Caudill asked staff how concerns would be tracked. Attorney Greenwood answered that Pen Com would record any complaints reported to the Police Department and Municipal Code issues such as noise, would be investigated by either the Police Department or the City's Code Enforcement personnel. Chair Reiss re opened the public hearing to those who had arrived late to the meeting. Cookie Kalfir, 221 Mt. Pleasant Summit, Port Angeles, WA stated that she is the principal of Choice School. The proposed center is not a drug abuse facility The area will be significantly improved from what is there now The outreach center does not recognize barriers but serves the whole person, not just the physical person. There being no one else wishing to speak, Chair Reiss once again closed the public hearing. Commissioners Matthews and Boyle were concerned regarding the method of reporting activities at the center Other Commissioners spoke regarding the need for assistance in the community with social issues and stressed that, if approved, strict conditions would need to be observed by Planning Cammzssmn Minutes September 9 2009 Page 6 those served to be respectful of other uses in the area. Tunes of operation would need to be strictly adhered to. Chair Reiss noted that he was familiar with Cookie Kalfir and her work as principal of Choice School. Planning Manager Roberds noted that this is a land use issue and the matter must be decided on its merits relative to land use impacts. Commissioners continued to discuss the need for monitoring activities at the site and its location in a mixed commercial location with a mix of office and residential uses as well. Commissioner Matthews thought that a review period could be helpful to ascertain progress and impacts that may not have been considered. Commissioner Caudill moved to approve the conditional use permit subject to 2 conditions, and citing 12 findings and 4 conclusions in support of that action as follows: Conditions 1 The permit shall be issued for a period of one year To evaluate neighborhood impacts, a six month progress report will be submitted for review by the Planning Commission. The applicant shall submit a letter requesting review and subsequent extension of the conditional use permit no less than 2 months prior to the end of the one -year approval period (no later than the first week of July, 2010) to provide staff adequate time to notice, review, and schedule appropriate meetings for consideration of extension of the permit. 2. Hours of operation shall be limited to 3 p.m. to 7 p.m. Monday, Wednesday, and Friday, and 4.30 6.30 on Saturday Findings Based on the information provided in the Community and Economic Development Staff Report for CUP 09 -06 dated September 9, 2009, 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 Susan Hilgren submitted Conditional Use Permit application CUP 09 -06 to locate a youth outreach center at 711 E, 2nd Street. 2. The site is zoned Commercial Office. 3 The Comprehensive Plan designates the site as Commercial. Adjacent designations are also Commercial, with nearby designation including Open Space and Low Density Residential. The site is located in the City's North Central Planning Area. Development in the surrounding area includes a wide variety of commercial uses, both low and high density residential uses, and a park. 4 Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission Minutes September 9, 2009 Page 7 Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property Conditional uses shall be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 5 City staff has determined that the proposed use is compatible with the intent of the zone and can be considered for approval by conditional use in the Commercial Office zone. 6. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element, Land Use Map Goal A, Policies 1 2, Commercial Goal D, Policy 2, Utilities and Public Services Element, Goal B, Policy 3, Economic Development Element, Goal A, Policy 8, were found to be most relevant to the proposal. 7 A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 8. Reviewing City Departmental comments were considered in the review of this application. No objections or concerns were raised by reviewing departments. 9 Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on August 17, 2009 Public notice was mailed to property owners within 300 feet of the subject property on August 14, 2009 Notice of the proposal was posted on the site on August 18, 2009 Three public comment letters were received during the public comment period. The letter writers all were concerned about the level and quality of supervision provided at the center, the nature of activities to be offered by the center and how the activities may affect existing neighborhood activities, and that the clientele described in the application materials would bring an increase of adverse or disruptive social issues and behaviors to the neighborhood. 10. Application materials indicate the hours of operation will be from 3 p.m. to 7 p.m. Monday, Wednesday, Friday, and 4.30 p.m. to 6 p.m. on Saturdays. Application materials further indicate that the center's mission and intent is to mitigate and reduce the source of the adverse social issues and behaviors through education, counseling, and access and direction to community resources. 11 A Determination of Non Significance was issued for this proposed action on September 2, 2009 12. The Planning Commission opened a public hearing on the proposal at the September 9, 2009, regular meeting. Conclusions Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 09 -06 dated September 9, 2009, including all of the Planning Commission Minutes September 9 2009 Page 8 information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1 The proposal is consistent with other uses permitted and with the purpose of the Commercial Office zone described in 17.20 010 PAMC 2. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element, Land Use Map Goal A, Policies 1 2; Commercial Goal D, Policiesl 2; Utilities and Public Services Element, Goal B, Policy 3, Economic Development Element, Goal A, Policy 8 3 The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050 4 As conditioned, the proposal will allow a drop -in center for youth and young adults to be located and operated at 711 E. 2nd Street in Port Angeles, with specified hours of operation and operational characteristics. The condition provides for review period to ensure that negative impacts can be addressed if they occur The motion was seconded by Commissioner Boyle and passed 5 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns reported that the P.A. Forward Committee would be reviewing the AIA SDAT recommendations at their meeting on September 10, 2009 REPORTS OF COMMISSION MEMBERS Commissioner Caudill asked staff to investigate the use of storage containers in the City He has viewed several that he believes are in violation of City Code. ADJOURNMENT The meeting adjourned at 8 p.m. Sue Rober. Secretary PREPARED BY S. Roberds Doc Reiss, Chair PRINT NAME ADDRESS AGENDA ITEM 4 7/ d7�5 16 j 2 !7T N eN 0, t 4 Pam -Eoshes I on 7+ s3 4 F- ngeleS 3 .5,3571-v( 4 g a v -01 C -1° E --1 4 E --1 4 a U W 0 3 30 Haose PA 5a -0 i 3 t- 4 ¢,-_0 221 w CT k� p Z e L C7A -P 66 tnA\ 0 4ktc@c IR_ KW Ce,t..,b 12_ E ZJ n 1 Ti4_ 3 dee&& 4,1, II r a. no s PORTANGELES W A S H I N G T O N U S.A PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify MEETING DATE G EJ gNI 1 JE I Docci