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HomeMy WebLinkAboutMinutes 09/11/2002 . . . I. ~ORTANGELES WAS H I N G TON, U. S. A. DEP AR TMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street September 11,2002 CALL TO ORDER 7p.m. n. ROLL CALL In. APPROVAL OF MINUTES: Meeting of August 28, 2002 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BruLE CHURCH. 116 East Ahlvers Street: Request to expand a church/school use in the RS-9, Residential Single Family zone. (Continue to December 11,2002.) 2. CONDITIONAL USE PERMIT - CUP 02-11- BELIEVER'S RESOURCE CENTER- 1018 West Sixteenth Street: Request for a conditional use permit to allow a church use to be established in the RS-7, Residential Single Family zone. 3. CONDITIONAL USE PERMIT - CUP 02-10 - AMUNDSON. 507 North Liberty Street: Request to allow a day care center in the RS-7, Residential Single Family zone. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Chuck Schramm (Chair), Fred Hewins (Vice), Fred Norton, Bob PhilpOlt, Mal)' Craver, Rick Porler, Len Rasmussen PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Suc Roberds, Assistant Planner. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 11, 2002 7:00 p.m. ROLLCALL Members Present: Fred Hewins, Bob Philpott, Chuck Schramm, Mary Craver, Leonard Rasmussen Members Absent: Fred Norton, Rick Porter Staff Present: Sue Roberds and Scott Johns Public Present: Carl and Ramona Amundson, Lea Amundson, Jessica Radabaugh, Chassy Amundson, Nancy Martin, Earl Medley, Tom and Denise Bryant, Claude Creelman, Frank and Alice Donnelly, Rita Erdmann, Althea Kate APPROVAL OF MINUTES . Commissioner Philpott moved to approve the August 28, 2002, minutes as presented. The motion was seconded by Commissioner Hewins and passed 4 - 1 with Commissioner Craver abstaining due to her absence at the meeting. Chair Schramm opened the public hearing portion ofthe meeting by noting that those who testify must sign an oathe stating that the infonnation being presented is true to the best of their knowledge. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 02-08 - INDEPENDENT BIBLE CHURCH. 116 East Ahlvers Road: Request to allow the expansion of a church use in the RS-9, Residential Single Family zone by the addition of a 6,000 square foot office structure, a 27,000 square foot family life center, and a sports playground. (This item will be continued to December 11, 2002.) Chair Schramm opened the public hearing and indicated staffs memorandum stating that because a Detennination of Significance (DS) had been issued for the application, staff is suggesting that the issue be continued to the December 11, 2002, regular meeting to enable the applicant time to respond to the DS. Commissioner Philpott moved to continue the public hearing to December 11, 2002, 7 p.m., City Hall. The motion was seconded by Commissioner Craver and passed 5 - O. . Planning Commission Minllles September II, 1002 PI/ge2 . CONDITIONAL USE PERMIT - CUP 02-09 - BELIEVER'S RESOURCE, 1018West 16th Street: Request to allow a church use in the RS-7, Residential Single Family zone. Associate Planner Scott Johns reviewed staffs report recommending approval of the application. Chair Schramm opened the public hearing. Tom Bryant, 814 West Twelfth Street, represented the applicant and was present for questions. He indicated that the property had most recently been used for a church activity and nothing about the previous use would be changed. Parking is available on-site for the activity. In response to a question from the Commission, Mr. Bryant answered that there are no sidewalks on the property or in the area. Commissioner Hewins explained the LID process to the applicant which could provide for amenities such as sidewalks in the area in the future. . There being no further testimony or questions, Chair Schramm closed the public hearing. Commissioner Rasmussen moved to approve the conditional use permit citing the following conditions, findings and conclusions: The Department recommends the Planning Commission approve Conditional Use Permit CUP 02-09 subject to the following 3 conditions of approval and based on the following 12 findings and 8 conclusions: Conditions: 1. The applicant shall meet the pennitting and utility requirements, including the provision of 15 off-street parking spaces. 2. The parking spaces shall be striped and equipped with curb stops per City standards. 3. The applicant shall install a solid wood fence or landscaping along the west lot line to provide screening of the proposed church activities from the adjacent residential use. Findings: Based on the information provided in the Department Staff Report for CUP 02~09 dated September 11, 2002, including all infonnation in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant Believer's Resource Center submitted a Conditional Use Permit application for a church on July 26, 2002. . 2. The application is for a conditional use permit for locating a church on an RS-7 Residential Single Family zoned property. Planning Commission Minutes September J J. 2002 Page 3 . . . The subject property is located in at 1018 west 16th Street between "c" and "D" Streets. The property is legally described as Lots 4, 5, and 6, Block 441, Townsite of Port Angeles and is 150 x 140 feet (21,000 square feet) in size. 4. The subject property contains an existing, one-story building that was originally built as a church in 1966. The structure is approximately 2,160 square feet in size, and the lot coverage is 10.3% and well below the allowed maximum of35%. 3. 5. PAMC 14.40.060(D) requires 1 parking spaces per each 6 seats in the chapel. The subj ect property has a paved area for parking, however the spaces are not marked. 6. The Comprehensive Plan indicates the site to be located along an imprecise margin between areas designated Low Density Residential, High Density Residential, and Commercial. 7. The property is zoned RS-7 as well as properties to the west, and north. The properties to the east and north and south along "c" Street are zoned Commercial Neighborhood. The parcel to the south, across the 16/17 alley is zoned Residential, High Density. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet in length and that one off-street parking spaces be provided for each six seats in the chapel area under P AMC 14.40.030. 8. The Comprehensive Plan's Land Use Element Goal C, states, "To have a community of viable districts and neighborhoods with a variety afresidential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests." and Policy C1 states, "Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential 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 multi-family 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. A neighborhood should be primarily composed of low, medium, or high density housing." I O. A Determination of Non-Significance was issued for this proposed action on September 5, 2002. 9. 11. The Public Works and Utilities Department commented, "The existing asphalt parking will require parking stalls designed to City standards with curb stops." 12. No written comments were received on the proposal by August 19,2002, the end of the public comment period provided for in the legal notice. . P/mming Commission Minutes September J I. 2002 Page 4 . Conclusions: Based on the information provided in the Department Staff Report for CUP 02-09 dated September 11,2002, 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 condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. A church can be allowed in the RS-7 zone as a conditional use. 2. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Goal C and Policy Cl. 3. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. It also specifies that churches should be allowed in certain zones by conditional use approval in order to provide viable districts and neighborhoods. 4. The proposed use, a church, is consistent with the purpose ofRS-7 zone, as it is compatible with adjacent residential and commercial uses. If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning Code. As conditioned, the proposal is consistent with the intent and purpose of the RS-7 zone. 5. 6. As conditioned, the proposal is consistent with the requirements for approval of a conditional use pennit as specified in PAMC 17.96.050. 7. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC 14.40. 8. As conditioned, the proposal is in the public use and interest. The motion was seconded by Commissioner Craver. Brief discussion ensued on the issue of requiring a non protest LID for sidewalk improvements. It was decided that sidewalks would not be required and the motion passed 5 - O. CONDITIONAL USE PERMIT - CUP 02-10 - AMUNDSON. 507 North Liberty Street: Request to establish a day care center in the RS-7, Residential Single Family zone. Associate Planner Scott Johns reviewed the Department report recommending approval of the conditional use permit and responded to questions from Commissioner Rasmussen regarding permitted uses in the Industrial Light and Industrial Heavy zones which are located north of the . subject property. Chair Schramm opened the public hearing. Assistant Planner Sue Roberds responded to Chair Schramm as to the issue of use of the north/south alley that is contained within the block where the daycare is to be located and is referred to in the applicant's description of building area. Planning Commission Minutes September 11, 2002 Page 5 . Mary Amundson, 1308 South "A" Street, is currently providing a more limited day care service at her residence and is hoping to establish the larger subject day care center as proposed. She has been looking for a larger property for some time and believes the subject site will provide a needed service the east side of the City. She provided a revamped site plan to address staffs concerns regarding parking and access issues. Clients will use transit services which are located three blocks away. She expects her clients will use Ennis Street as the main access street for the use because of the stoplight. Five staff will be employed but will not be on-site all at once. Her mother lives across the street and should be the only residence that may be affected by the day care on-site activities. It is not anticipated that noise will be generated that would disrupt normal residential uses. The maximum number of children will be 40 but it is expected that an average number will be 25 to 30. NallCY Martill, 2340 Samara Place, represented Parent Line, a non profit referral agency for day care needs and spoke in favor of the proposal. Ms. Martin stated that 2300 school aged children are enrolled in Port Angeles schools with 1288 of that number being between the ages of 5 and 12. Although the day care need is great given those numbers, there are only 336 licensed openings for day care in the City of Port Angeles. The proposed area is prime for a day care center use and will serve day care needs for the east portion of the City. The City has a procedure for complaints to be made in the event that neighbors do not feel that conditions are being met or that noise is greater than tolerable. The community needs safe, reliable, child care providers, and Mrs. Amundson's current operation is such a use. . RamOlla Amulldson, 1306 Columbia Street, lives directly across the street from the proposed residence and spoke in favor ofthe proposal. She does not fear noise from the activity and expects that any sounds that are heard will be mostly happy sounds. The use will provide an adequate, safe, secure place for children to stay while their parents work or go to school. Mr. Claude Creelman, 1101 East Second Street, spoke against the proposal. He owns property at 1219 East Columbia Street and although he had no concern with the use he was concerned with the location being on a steep bluff and listed traffic as a major concern. With a potential of 40 cars twice daily, the street would become even more hazardous than it currently is. The area experiences many traffic accidents because the intersections are not marked. He also expressed concern that the development ofthe previous Rayonier Mill site could result in negative impacts to the use and to increased traffic in the area. Sidewalks are not provided in the neighborhood and the site is the location where traffic bottles up in the area due to the bluff being located north and east of the site. He is very concerned with the increase in traffic. The use will ruin the neighborhood. Chrissy Amundson, 1308 Soutlt HA" Street, indicated that the revised site plan shows that the outside play area is completely attached by fencing to the structure. Children will not be able to leave the site without being escorted out by an adult. It is not anticipated that children will be outside of the structure more than they will be inside the facility as there will be many opportunities for inside group activities. People working in the center are not typical babysitters but should be referred to as day care professionals who are trained and look forward to working with children, not just watching them as a past time. . Planning Commission Minutes September 11. 2002 Page 6 . Commissioner Craver asked if children could get out ofthe fence area. Ms. Amundson responded that it would be difficult to get out of or over the fence because (I) the children are supervised; and (2) the fence is totally attached to the structure with two locking gates. The bluff area is 25'+ from the residence. There will be fencing around the entire perimeter with the exception of the parking area. Earl Medley, 1218 Water Street, agreed that there are an unusual number of vehicle accidents in the area due to unmarked intersections. Intersections in the area need to be marked and stop signs placed with or without the proposed use. He objected to the day care use and agreed with Mr. Creelman's reasoning. Rita Erdmallll, 735 West Sixth Street, represented Ms. Cecilia Fryer who has recently purchased property in the neighborhood but who has not moved here yet. Ms. Fryer purchased the property with the expectation that this would be a quiet neighborhood and believes that the proposed day care use will interrupt that situation. Traffic will increase substantially and activities emanating from the use will be disruptive. The Fryers wish to submit an objection to the proposed use. Commissioner Rasmussen asked Ms. Erdmann ifher client is aware that property in the area is zoned Industrial Light and read some of the uses that could occur in the event those properties are developed as Industrial Light. Ms. Erdmann responded that traffic mitigation is a major concern. . . Dale Cushman, 733 West 14th Street, is a neighbor to Mrs. Amundson's current day care activity. He testified that traffic is negligible. Current child unloading occurs between 7 :00 and 8:00 A.M. but is pretty orderly and quiet. For the most part pick up occurs between 4:00 and 5:00 P.M. , and once more is done in an orderly manner so is not a neighborhood issue. He has never heard any of the neighbors complain. Mrs. Amundson's operation is quiet and well supervised from what he caD see. Mary Amundsoll, 1308 South "A" Street, has a good deal of day care experience and is aware that the bluff on the property will present special needs. She will have a geo tech study done as is required by staff for development of such a property. She does not believe that traffic will be a problem to residents as a result of the use. There being no further testimony, Chair Schramm closed the public hearing. Commissioner Philpott was impressed with the applicant's attention to detail in planning for the use and noted that she has proposed going beyond the minimum requirements for such a use in her development plans. Commissioner Rasmussen noted Industrial Light uses which could locate in the area and stressed fencing and parking issues. Commissioner Craver agreed that no fence is needed around the parking lot area. She believes the location is ideal for a day care use. Commissioner Hewins did not believe that traffic impacts will exceed the design standards for streets in the area and didn't see that the bluff should cause any real concern given the applicant's awareness ofthe site and plans to fence and supervise. Commissioner Philpott asked if sidewalks should be considered. The general consensus was that as there were no other sidewalks in the area to connect to, because the site is not zoned Planning Commission Minutes September I J. 2002 Page 7 . commercial nor on a school walking route, sidewalks should not be required. There being no further discussion, Chair Schramm closed the public hearing. Commissioner Hewins moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions: 4. 1. The applicant shall provide a minimum of five parking spaces for employees and two parking spaces for pick-up and drop-off. All parking shall be paved with asphalt and striped to meet City standards. 2. The applicant must apply for and be issued a Clearing and Grading Permit prior to the start of construction for the parking area. 3. The applicant shall provide a parking plan showing the appropriate number of parking spaces (including handicapped parking), location of ingress and egress from the parking area, travel patterns through the parking area, and stormwater drainage plans meeting the requirements ofthe Public Works and Utilities Department. These plans must be submitted prior to issuing a Clearing and Grading Permit for the construction ofthe parking area. The parking and loading area shall be designed for one-way vehicle movement with separate ingress and egress points. . Play areas shall be fenced and separated from the steep slopes, driveways, and parking areas. 6. Soils in outdoor play areas shall be tested for content of potentially hannful materials resulting from the proximity to the Rayonier mill site. 5. 7. No new development, either structures or paving may be any closer than 25 feet from the top of the bluff that is located on the site. Any proposed development to be located within the 25-foot buffer must be accompanied by a Geo-technical Report indicating that such development will not cause the bluff to become more unstable. Findings: Based on the information provided in the Planning Department Staff Report for CUP 02- IOdated September 11, 2002, 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 condition of approval, the City of Port Angeles Planning Commission hereby finds that: . The applicant Mary Lea Amundson submitted a Conditional Use Permit application to establish a Child Day-Care Center on August 16, 2002. 4. The application is for a conditional use permit to use an existing single family residential unit on an RS-7 Residential Single Family zoned property for a Child Day-Care Center. 3. P/nnning Commission Minutes September ll. 2002 Page 8 . The site contains an environmentally sensitive area. The top of the Ennis Creek ravine fonns a steep bluff that runs through the property on a north/south line. PAMC 15.20.070.B.2. requires a 25-foot buffer of undisturbed vegetation to be established at the top of marine bluffs and ravines. 6. Section 17.17.08.020 - "C"(C) of the Port Angeles Municipal Code defines a Child day-care center as "a child day-care center provides for the care of 13 or more children. The child day-care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separated from the ususalliving quarters ofthe family." 5. 9. 7. The subject property is located in the 500 block of North Liberty Street between Water and Columbia Streets. The property is legally described as Lots 10 to 19 inclusive in Block 2 of Cain's Addition of Suburban Lot 36, together with vacated alley and Lots 14, 15, 16, 17, 18 and is approximately 52,640 square feet in size. 8. The subject property contains an existing, one-story single family residence that has approximately 1,338 square feet of floor area and an existing two-car garage that has a footprint of approximately 440 square feet. In total, the lot coverage is 1,778 square feet, or 7% and well below the maximum of 30%. PAMC 14.30.030(E) requires 1 parking space per employee and two parking spaces for pick-up and drop-off of children for child day-care center serving more than 12 children. The applicant indicated that there would be 5 employees at the day-care center. . 10. The Comprehensive Plan designates the site as Commercial (C). Adjacent designations include Commercial to the west and south, Open Space (OS) to the east and Industrial (I) and Medium Density Residential (MDR) to the north. 11. The property is zoned RS7 and Public Buildings and Parks. Properties to the west and south are also RS-7. To the north is zoned Industrial Light at the top of the bluff and Industrial Heavy below the bluff. The area adjacent to the north and east is zoned PBP Public Buildings and Parks, and is the Ennis Creek ravine and marine bluff. 12. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet in length and that one off-street parking space be provided for each employee of a child day-care center and two parking spaces be provided for unloading under PAMC 14.40. 13. The site is located in an area designated Commercial on the Comprehensive Plan Land Use map and is in the Eastern planning area. The Comprehensive Plan's Land Use Element Policies Cl and Dl are the most relevant to the application. . 14. A Determination of Non-Significance was issued for this proposed action on September 5, 2002. Planning Commission Minutes Seplember J J, 2002 Page 9 . The Public Works and Utilities Department commented, "1) The proposed parking lot is to be asphalt paved with storm drainage detention, parking lot catch basin with oil separator "T". Discharge drainage to storm drain at Columbia and Liberty Streets. No discharge over the hill side. 2) Submittal of a parking plan layout will be required. Show required number ofparking stalls, including handicap. Design to City standards. 3) EasUWest alley js not vacated as shown on sketch. The North/South alley adjacent to Lots 14-18 is vacated per Ord. 607." 16. Three written comments were received on the proposal prior to the completion of this staff report. September 10, 2002 is the end of the public comment period provided for in the legal notice. 15. Conclusions: Based on the information provided in the Department Staff Report for CUP 02-10 dated September II, 2002, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission1s discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Commercial Land Use Designation, the Comprehensive Plan's Land Use Element Policies C1 and Dl. . The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. It also specifies that Child Day-Care Centers should be allowed in certain zones by conditional use. 3. The proposed use, a Child Day-Care Center, is consistent with the purpose ofRS- 7 zone, as it is compatible with adjacent residential uses, in that family child care needs will be served. If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning Code. 2. 4. As conditioned, the proposal is consistent with the definition of Child Day-Care Center under P AMC 17.08.020(C) and the purpose of the RS-7 zone. 5. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMe 17.96.050. 6. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC 14.40. 7. As conditioned, the proposal is in the public use and interest. The motion was seconded by Commissioner Philpott and passed 5 - O. The Commission took a break: at 8:45 P.M. The meeting reconvened at 8:50 . . . . Planning Commission Minutes September J J. 2002 Page 10 COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS Commissioner Schramm noted for the record the cities in Washington that provide "off-leash" parks for animals. The list appeared to indicate that possibly more cities provide such parks than those that do not. ADJOURNMENT The meeting adjourned at 9:55 P.M. (? ),uJ65~~ Chuck Schramm, Chair PREPARED BY: S. Roberds . · FORTANGELES WAS H I N G TON, U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLeASE SIGN IN Meeting Agenda of: 5:;p-reAl f$ R. 11) 2..C02- PLEASE NOTE: IE you pIan to testify, by signature below. you cenify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE au to testi - it onl acknowled es your resence. NAME: ADDRESS: .