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HomeMy WebLinkAboutMinutes 09/13/1995 HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. . - ....(ANttltlG AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 September 13, 1995 7:00 p.m. I. CALL TO ORDER II. ROLL CALL ID. APPROVAL OF MINUTES: Meeting of August 9, 1995 . IV. v. VI. VIT. VllI. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 95(08)14 - HENNING. 1701 East Eleventh Street: Request for a conditional use permit to allow a residential care . facility for up to 15 residents with functional disabilities in the RS-7, Residential Single Family District. 2. CHAPTER 8 OF THE CITY'S SHORELINE MASTER PROGRAM. ADMINISTRATION SECTION: Review and approval. (This item will be continued to October 11, 1995.) COMl\1UNICA TIONS FROM THE PUBLIC STAFF REPORTS: 1996 Budget Information REPORTS OF COMMISSION MEMBERS ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department (;It least one . day prior to the scheduled hearing will be provided to Commission members before the hearing. PLANNING COMMISSION: Lindo Nuncr.CI1air, Tim German (Vice), 0rviIk CmIpbcll, Cindy Souders, Bob Wmt=, Bob Philpolt, Bob King. STAFF: Brad Collins, Director, Sue Roberds Office Speciolist, and David Sawyer. Senior P1anntr. . . . PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff represcntati ves present, unless directed to do so by the Chairman. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 13,1995 7:00 p.m. ROLL CALL Members Present: Orville Campbell, Linda Nutter, Bob Philpott, Bob Winters, Cindy Souders, Bob King, and Tim German Staff Present: Sue Roberds, Ken Ridout, Mack Campbell Public Present: Brenda Henning APPROVAL OF MINUTES It was noted that the conditions of approval of the Serenity House Conditional Use Permit No. CUP 95(08)13 had inadvertently been left out of the text of the August 9, 1995, minutes. Staff will correct the error and submit the August 9 minutes for review at the October 11, 1995, meeting. CONDmONAL USE PERMIT - CUP 95(08)14 - BRENDA HENNING. 1701 West Eleventh Street: Request to allow a 15 bed residential care facility to be located in the RS-7, Residential Single Family District, in a residential structure. Planning Specialist Sue Roberds reviewed the Planning Department's report and answered questions from the Commission regarding the licensing requirements at the State level for adult family care and residential care uses. Mrs. Roberds answered that the main difference is in the number of residents that can be cared for, and that the adult family care use is one in which care is provided in a residence where a residential care facility can operate as a stand alone use with caregivers not necessarily being occupants of the structure. More strict building requirements are imposed in residential care uses as opposed to adult family care uses. The operation of the care units falls either under the Department of Social and Health Services (DNS) for adult family care, or the Department of Health (DB) for a residential care facility. Commissioner Philpott expressed concern over the size of the proposed facility in the RS-7 ione. Planning Specialist Roberds noted that the proposal is for a double lot and the use would not be permitted to exceed the underlying development standards for any other structure in the RS-7 zone. Chair Nutter opened the public hearing. Brenda Henning, 1701 West Eleventh Street, addressed the concern expressed over the size of the facility, i.e., the number of bedrooms (16) and bathrooms (5). Her care program provides rooms that meet State requirements. Three quarters of her residents are State referrals who cannot afford to locate in some other facilities. Approval of the use permit will prevent burn out of herself and the employee caregivers as the service provided is 24-hour care which can cause a high degree of burn out of good people. She will employ two full time, forty hour per week caregivers, with a third potential part time caregiver in unusual situations. The need for a conditional use permit for up to . . . Planning Commission Minutes - September 13,1995 Page 2 15 residents is because of her desire to increase the number of residents which will financially allow her to hire employees and avoid burn out situations. There is a need to provide residential care for the elderly at this stage prior to the need for more institutionalized living situations. None of her residents are disabled to a point that requires placement in a nursing home. Living in this type of residential family environment, exposed to normal every day family situations gives the elderly who have given up hope, hope. Mrs. Henning explained the State's exacting licensing requirements for both the structure (wall thickness, ingress and egress, fire standards, handicapped access, etc.) and the caregiver (health screening and training, criminal background check, etc.). An ombudsman visits the premises from time to time to ensure the quality of care. She eXplained that although her current license is under appeal for revocation, she is operating until a final decision is made to Superior Court, which should be on November 1, 1995. A landscape plan was submitted indicating a proposed six foot picket fence surrounding the property in order to allow the residents security and privacy, and privacy for the neighbors from activities occurring on-site. Mrs. Henning asked not to be required to pave the parking area. She stated that, unfortunately, her residents do not receive many visitors. It is the middle of the month at this point and only one resident has had visitors. Vehicle trips from the use would be mainly the (two) employees coming and going on alternating shifts and daily family trips. Ken Ridout, Deputy Director of Public Works, noted that paving of 11 th Street and a traffic study would probably not be required in this instance. L.I. D. Non-Protest Agreements have been signed by nearly all owhers of the properties in the area that have been developed at present and it is only a matter of time before the LJ.D. is instituted. He recommended that the parking area be paved. There being no further public comment, Chair Nutter closed the public hearing. Commissioner Campbell asked Mrs. Henning if she currently resides at the proposed site. She stated that she does. Ken Ridout explained that the requirement for an increase in the dry well capacity is due to the increase in residential occupancy and that in uses requiring parking other than for normal residential occupancy, it is common to require paving. Proof of a Department of Health license could be required prior to occupancy of the facility as a care unit. Following discussion with the applicant and Commission members, Commissioner Campbell moved to approve the conditional use pennit as requested with the following conditions and citing the following findings and conclusions: Conditions: 1. The applicant shall submit a landscaping plan for the entire site including a six foot fence consistent with the requirements of Section 17.14.070 of the Port Angeles Municipal Code (P AMC) for approval to the Planning Department and constructed prior to occupancy of the first construction phase. 2. The proposed use shall meet all Uniform Building, Fire, and Electrical Code . . . Planning Commi$$ion Minute$ - Seplember 13, 1995 Page 3 requirements in the proposed new construction. Any alteration of the existing modular unit will be with the approval of the Department of Labor and Industries and by those standards. 3. The applicant shall meet the requirements of PAMC Chapter 14.40 for off-street parking and shall submit a parking plan for approval prior to the proposed construction phases. 4. The applicant shall address the concerns stated by the City Engineer in his memorandum received September 8, 1995, attached to the Staff Report, prior to any further expansion of the existing residential structure. 5. The applicant shall provide evidence prior to occupancy of a valid current license from the Department of Health for the proposed residential care home (Boarding Home) permitting no more than 15 residents with functional disabilities. Findings: Based on the information provided in the staff report (including aU 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: I . The applicant has applied for a conditional use permit to operate a residential care home, which is considered and licensed as a boarding home, by the Department of Health, at 170 1 West Eleventh Street, in the RS- 7, Residential Single Family District. 2. The Port Angeles Municipal Code restricts residential care facilities in the RS- 7 District to up to 15 residents with functional disabilities. 3. Land uses in the surrounding vicinity are residential in nature. 4. The Comprehensive Plan identifies the site as Low Density Residential (LDR)~ 5. Land Use Element Goal A, Policy No.2, and Goal C, Policy NO.1 have been identified as being most relevant to the proposed project; 6. The subject property is zoned Residential Single Family (RS-7); 7. Section 17.08.090 UR" of the Port Angeles Municipal Code defines a "Residential Care Facility". Section 17.10.040(0) allows residential care uses by conditional use permit in the RS- 7 zone. 8. A Determination of Non-Significance (#635) was issued for the project on July 12, 1995. No appeals have been received during the appeal period. . . . Planning Commi.uion Mjnllte~ . September 13. 1995 Page 4 9. Notice of a public hearing for consideration of the proposal was sent to property owners within 300 feet of the proposed site and placed in the Peninsula Dailv News on August 25, 1995. The site was posted on July 25, 1995. A letter of support from one property owner was received following the mailing. Conclusions: A. As conditioned, the proposed use is consistent with the City's Comprehensive Plan including but not limited to Land Use Element Goal A, Policy No.2, and Goal B, Policy No.1. B. As conditioned, the proposed use is consistent with the City's Zoning Ordinance including the intent of the RS-7 zone. C. As conditioned the proposed project is not contrary to the public use and interest. The motion was seconded by Commissioner King, and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Office Specialist Roberds pointed out that the Planning Department's proposed 1996 budget had been provided for the Commission's review. She added that the City's Finance Department stressed that the 1996 budget will be leaner than in recent years due to a significant drop in revenues and that only those needs that cannot be avoided should be added to the 1995 base. REPORTS OF COMMISSION MEMBERS Commissioner Nutter indicated that she had attended the most recent City Council meeting as she feels it is good practice for Commission members to be available to the Council when possible. She urged other Commission members to alternate in the process. ADJOURNMENT The meeting adjourned at 8: 15 p.m. ii!;nd /L r2;:-;}jjC Lin a Nutter, Cha PREPARED BY: S. Roberds