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HomeMy WebLinkAboutMinutes 09/24/1997 . . .~~ HEARING DEVICES ARE A V AlLABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 September 24, 1997 7:00p.m. I. CALL TO ORDER II. ROLL CALL m. APPROVAL OF MINUTES: Meeting of September 10, 1997 IV. PUBLIC HEARINGS: 1. CONDITIOlSAL_USE.D:RMIT - CUP 97-13 GERMAN, - 1700 Block Melody C:i.rcle.: Request for a pennit to allow a 42-bed Alzheimer's facility in the RHD, Residential High Density. (Continued from September 10, 1997.) 2. CONDITIONAl, USE PERMIT - CIJP 97-12 - PUTMAN,--=-..2.l6--Eas.LEifth S.tr.eet Request for a pennit to allow the construction/use of an accessory residential unit in the RS-7, Residential Single Family zone. 3. CONDITIONAL USE PERMIT - CUP 97-15 - HOYSLGIRLS_CLUB, - 2417 West 19th Street: Request for permission to operate a temporary recreational use in the IL, Industrial Light zone. V. OTHER BUSINESS: 1. SIBF.F.T V ACATI..QN PETITION - STV 97-02 - W ALKHOEE, ~ortion of "P" Stre.e.t A petition requesting vacation of a portion of "P" Street situated between Fourteenth Street and Milwaukee Drive. VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS vm. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSION: Tim German, ( Chair), Dean Reed (Vice). Bob King, Cindy Souders. Linda Nutter, Mary Craver, Fredric Hewins STAFF: Brad Collins, Director, Sue Roberds Planning Specia,list, David Sawyer. Senior Planner. . . .. All correspondence pertaining to a meeting or hearing item received by the Planning Department at least one day prior to the scheduled meeting/ hearing will be provided to Commission members at the meeting. 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 (S minutes each) or make inquiries. The Chair may allow additional public testimony if the issue warrants it. Brief rebuttal (S 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 representatives present, unless directed to do so by the Chair. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 24,1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Fredric Hewins, Dean Reed, Bob King, Mary Craver, Tim German Member Excused: Cindy Souders Staff Present: David Sawyer, Sue Roberds, Dan McKeen Public Present: JeffSaboda, Craig Miller, Carolyn Putman, Joe Hawe APPROVAL OF MINUTES Commissioner Nutter moved to approve the minutes of the September 10, 1997, Planning Commission meeting as submitted. The motion was seconded by Commissioner King and passed 5 - O. (Commissioner German did not arrive until 7:40 p.m. so was not present for the vote.) PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 97-13 GERMAN, - Melody Circle;. Request for a permit to allow a 42-bed Alzheimer's facility in the RHD, Residential High Density. (Continued from September 10, 1997.) Senior Planner David Sawyer reviewed the Planning Department's updated staffreport and noted that the applicant had submitted the requested information following the September 10 meeting: a revised site plan and parking plan with preliminary landscaping information. Vice Chair Reed opened the public hearing. JeffSaboda, The Johnston Associates, 375 Ericksen 222, Bainbridge Island, 98110, stated that Northwest Care Management will operate the proposed facility. He explained the revisions that were made to the parking plan as requested by staff and that sufficient landscaping will be provided to satisfy the City's concerns. A landscape architect will submit and be responsible for the final landscape plan. A cedar fence six feet high will be provided for resident security. The structure will be constructed around a center courtyard which will allow for a very secure environment for residents while still providing ease of movement throughout the facility. A van will be available for resident outings and transportation needs. The majority of visits occur in the evening hours when the least amount of staff is present. There will be a maximum of forty-two (42) beds. The rooms are approximately 13' x 18' in size. The State Department of Health has reviewed and approved the site operation plan. . . . PiDnning Commission Minutes 9 September 24, 1997 P/lgel Northwest Care Management is responsible for the management of several well nul facilities of this type in the northwest and are proud of their service record. He volunteered to answer questions and encouraged the Commission to approve the facility as requested. The applicant will work with staff on issues that may come up during the development process. Craig Miller, 230 East Fifth Street, encouraged the Planning Commission to rely on staff to enforce the requirements that are placed on such a facility in its development stages rather than to spend time analyzing the completeness of all ofthe development plans at this time. There being no one else to speak to the issue, Vice Chair Reed closed the public hearing. Planner Sawyer responded to a question of Commissioner Nutter regarding staffs interpretation that the parking requirements for this type of a facility are most like those of a nursing/convalescent use. He noted that it is within the Planning Commission's purview to disagree if it finds that the interpretation does not provide for sufficient parking for the proposed use. He responded to a question brought up at the September 24th meeting that the City Engineer has indicated that the improvements are in and have been accepted for Melody Circle with the exception of some minor public space improvements regarding sidewalks. In response to Commissioner Craver, Mr. Sawyer stated that the parking requirement of one space for each three beds in the facility takes into account the needs per resident including staff needs. Following further discussion, Commissioner King moved to approve the conditional use permit with the following conditions: Conditions: 1. The proposed facility shall be operated as presented to the Planning Commission and hereby conditioned. Specifically, all units of the proposed assisted living facility shall be limited to individuals diagnosed with Alzheimer Disease and or similar infirmities. 2. A detailed specific landscaping and parking plan shall be submitted for approval by the Planning Department and the City Engineer prior to the issuance of a Certificate of Occupancy for any portion of the building. 3. All conditions of approval shall be complied with prior to the issuance of a Certificate of Occupancy for any portion of the building. This includes installation of all components of the specific landscaping and parking plan and any other required improvements. 4. The proposed project shall comply with the requirements of Wetland Permit WP 92 (03)01. s. The proposed project shall comply with the requirements of the Highland Commons Subdivision (SUB 96-02). . . . Planning Commission Minutes - September 24, 1997 Page 3 6. All aspects ofthe project shall meet or exceed all Local, State, and Federal codes, including the issuance of required State licenses for the operation of such a facility as a "boarding house". 7. The project shall comply with the off-street parking requirements of the RHD zone and the City's Off-Street Parking Ordinance. 8. The project shall meet the requirements recommended in the Public Works Department's September 10, 1997, memorandum in that a site plan per City standards for the required number of parking spaces will be required for approval, the driveway from Melody Circle to the property line is to be built to City standards, access shown to the adjacent properties will require reciprocal access easements, stonn water detention is required per City standards, and the walking trail will have to be relocated to accommodate the proposed parking turnaround.. 9. The project shall meet the requirements recommended in the Fire Department's September 10, 1997, memorandum which requires the 42-unit Alzheimer's care facility to comply with the 1994 Uniform Fire Code.. 10. The proposed project may not decrease the levels of service for streets, water service, sanitary sewer service, electrical service, solid waste collection, stonn water management, telecommunications service and emergency services below the level of service standards identified in the City's Comprehensive Plan Capital Facilities Element and Urban Services Ordinance. and citing the following findings and conclusions: Findings: Based on the infonnationprovided in the September 10,1997 Staff Report for CUP 97-13, (including all of its attachm"ents), 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, Tim German has applied for a conditional use permit for an assisted living facility in the Residential High Density (RHD) zone as proposed in the September 10, 1997 and September 24, 1997 Staff Reports for CUP 97-13 Attachment A. 2. The Comprehensive Plan Land Use Designation for the subject property is High Density Residential (HDR). 3. The subject property is zoned RHD. 4. A Determination of Non-Significance and Adoption of Existing Document (#746) was issued for the proposal on September 5, 1997. 5. The proposed project is located in the vicinity of a regulated wetland. Due to the . . . Planning Commission Minutes - September 24, 1997 Page 4 proximity of this wetland, a wetland permit was applied for and issued for the original Highland Communities Planned Residential Development (WP 92(03)01). 6. An assisted living facility is a conditionally permitted use in the RHO zone. 7. The proposed project is a single-stOl)', 42 bed facility for Alzheimer Disease patients. 8. The proposed project is licensed by the State as a "boarding home." 9. A five phased Planned Residential Development (pRD 92(03)03) was preliminarily approved for the subject site on May 19, 1992. Phases 1 and 2 received final approval on December 21,1993 and the preliminary approval for Phases 3-5 expired on May 19, 1993. 10. A short plat including the subject site was preliminarily approved on October 27, 1992 and received fmal approval on December 11, 1992. 11. A subdivision (The Highland Commons, SUB 96-02) including the subject site as Lot 3 was recorded on November 7, 1996. 12. The property was annexed into the City as Residential Multi-Family Development (RMD) on March 23, 1973 and April 16, 1974. 13. The closest public transit service route is over 650 feet away on Golf Course Road. 14. Per P AMC 17.96.070, approval of a conditional use permit is valid for a period of one year from the date of its original approval. Conclusions..:. Based on the information provided in the September 10, 1997 and September 24, 1997 Staff Reports for CUP 97-13 including all attachments, all comments and information presented during the public hearing, the Planning Commissionts discussion and deliberation, and the above listed findings and conditions of approval, the City of Port Angeles Planning Commission hereby concludes that: A. As conditioned, the proposed project is an assisted living facility. B. As conditioned, the proposed project meets the intent of the City's Comprehensive Plan, specifically Land Use Element A 2, B 3 and 4, and C 1 through 4, and the requirements of the PAMC including the RHO zone. C. As conditioned, the proposed project is in the public use and interest. The motion was seconded by Commissioner Craver. Commissioner Craver moved to amend Finding No.1 as follows: "The applicant, Tim German has applied for a conditional use permit for an assisted living facility in the Residential High Density (RHD) zone as proposed in Attachment" A" of the Planning . . . Planning Commission Minutes - September 24, 1997 Page 5 Department's staff reports for CUP 97-13 on September 10, 1997 and September 24, 1997 and_auub~equently revised and c1arifieJlaUh~anning Commissioame~l September 24, 1997; and an amendment to Finding No.7 as follows: "The proposed project is a singlt~...story, 42 bed facility for Alzheimer Disease or similar infirmed patients." The amendments were seconded by Commissioner King and passed 5 - O. The original motion was then voted upon and passed 5 - O. Chair German joined the meeting at this point. CONDITIONAL USE PERMIT - Cll.f.9H2-=-.f.U.I.MAN~ - 916 EastEifth Street: Request for a permit to allow the construction/use of an accessory residential unit in the RS-7, Residential Single Family zone. Senior Planner Dave Sawyer reviewed the Planning Department's report. Chair German opened the public hearing. Carolyn Putman, 916 East Fifth Street, agreed with the Planning Department's recommendation of approval and was available for questions. There being no further testimony, Chair German closed the public hearing. Commissioner Reed moved to approve the conditional use permit with the following conditions, findings and conclusions: Conditions of Approval 1. All aspects of the project shall meet or exceed all Local, State, and Federal codes, including the Uniform Building, Fire and Electrical Codes as adopted by the City of Port Angeles. 2. Two (2) parking spaces shall be provided for the accessory residential unit. This is in addition to the two spaces required for the existing residence. A site plan showing the four required parking spaces shall be submitted to and approved by the City Engineer. 3. The floor area of the accessory residential unit shall not exceed 50% of the floor area of the primary residence. 4. A separate electrical meter service shall be installed for the accessory residential unit. . . . Planning Commission Minuteli - September 14, 1997 Page 6 Findings: Based on the information provided in the September 24, 1997 Staff Report for CUP 97-12, (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. The applicant, Carolyn Putman has applied for a conditional use permit for an accessory residential unit to be located at 916 East Fifth Street as proposed in the September 24, 1997 Staff Report for CUP 97-12 Attachment A; 2. The Comprehensive Plan Land Use Designation for the subject property is Medium Density Residential. 3. The subject property is zoned RS-7, Residential Single Family. 4. A Determination of Non-Significance was issued for this proposal on September 10, 1997 and is attached as Attachment B of the September 24, 1997 Staff Report for CUP 97-12. 5. An accessory residential unit is a conditionally permitted use in the RS-7 zone. 6. Section 17.08.010, B of the Port Angeles Municipal Code defines an accessory residential unit as "a dwelling unit which: 1) is incidental to a detached single family residence; 2) is subordinate in space (i.e., fifty percent or less space than the single family residential use); and 3) is located on the same zoning lot as the single family residence. 7. Section 17.08.02S, J ofthe Port Angeles Municipal Code defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. " 8. The proposed accessory unit is S04 square feet in size. 9. The existing single family residence is 1,143 square feet in size. 10. The City's Parking Ordinance requires parking spaces to be a minimum of8.S by 18 feet in length. 11. The City's Parking Ordinance requires two off-street parking spaces for each unit of a single, two or three family structure. 12. During the public notice period, staff received one letter of support for the proposed accessory unit from Ms. Esther V. Parker which is attached as Attachment E of the September 24, 1997 Staff Report for CUP 97-12. . . . Planning Commission Minutes - September 14,1997 Page 7 Conclusions Based on the infonnation provided in the September 24, 1997 Staff Report for CUP 97-12 including all of its attachments, comments and infonnation 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 Comprehensive Plan's Land Use Element Policies A2 and Cl, Housing Element Policies A6 and B6 and 7 are directly relevant to the proposed project B. As conditioned, the proposed use is consistent with the intent of the Comprehensive Plan's Medium Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2 and C1, Housing Element Policies A6 and B6 and 7, and the regulations of the City's Zoning Ordinance including those ofPAMC 17.08.01O-B, PAMC 17.08.025-J, and the RS-7 zone. C. There is sufficient area in the proposed driveways and garage to accommodate four parking spaces. D. As conditioned the proposed project is in the public use and interest. The motion was seconded by Commissioner Nutter and passed 5-1 with Commissioner Hewins voting in the negative. Commissioner Hewins noted for the record that the reason for his negative vote was due to the possibility that, as proposed, the attached garage area could be illegally converted to enlarge the secondary use as planned. CONDITIONAL USE PERMIT - CI1.e..97-1S - BO-YS/GIRLS_CLUB.,-= 24lJ--.W.est 19th Street: Request for permission to operate a temporary recreational use in the IL, Industrial Light zone. Planner David Sawyer reviewed the Planning Department's report. Chair German opened the public hearing. Joe Hawe, 414 North SequimAvenue, Sequim, Washington, 98382, provided background infonnation in support of the request for a temporary conditional use permit approval. The Boys and Girls Club was asked by Evergreen Village to help supervise the neighborhood youth in after school activities. In looking for a building to house such a use until such time as the Evergreen Village commons building is constructed, at which time the use would be relocated to that location, the subject property was offered by the Clallam Transit Authority. No expansion of the proposed facility is proposed. The area is fenced. Other recreational uses are located in the IL, Industrial Light zone in this area: the Little League and Clallam County juvenile detention facility are both located in the area. Parking for the use is provided on-site. Other tenants in the area have been surveyed and are in favor of the proposal. The operation plan would be Monday, Wednesday, and Friday, 2:30 P.M. to 6:00 P.M. Planning Commission Minutes - September 24, 1997 Page 8 . which amounts to around 10.5 hours per week. The activity will occur after the major truck traffic common to the industrial area has ceased for the day. He requested that the Planning Commission consider the conditional use as temporary for approximately an eighth month period. In response to Commissioner King, Mr. Hawe answered that children would walk from the Evergreen Village and Fairchild Heights projects or be transported by bus. The area is lit and provides sidewalks from Eighteenth Street. Commissioner Craver asked for an explanation as to why it is necessary to begin the club in a temporary location. Mr. Hawe answered that in his experience with the Boys and Girls Club ofSequim it was beneficial for the non-profit agency to begin small and prove the need for growth. The club agreed with the landlord of the proposed building, Clallam Transit Authority, to provide needed repair work to the building in lieu of rent: the repair work has been performed through the Clallam County Sheriffs Department by inmates of the jail. It is anticipated that this type of rent offset will also be utilized at the Evergreen Village commons building for maintenance of commons areas. Evergreen Village is anxious to have the club's assistance to provide after school activities for resident children at this time as the current school year has begun. If they wait until the proposed building is constructed the school year will be nearly over. . Commissioner Hewins asked ifit wouldn't be more beneficial for such a project to be more centrally located and focus on the entire community not just the youth in this area. It may be more appropriate to locate this type of use nearer schools or at least not so far distant from the central area of the City. Students from other areas will find it difficult to get to the site without either being bussed or driven by someone. Mr. Hawe answered that the optimum end result would be that a need for growth be shown and expansion to other areas in the future to occur. Commissioner Nutter asked about scheduling the activities with the Evergreen Village management to assure that there is room in their proposed facility for the club service. Mr. Hawe answered that he is working with the Village management and scheduling has been worked out such that the club program is part of the Village program. There being no further testimony, Chair German closed the public hearing. Commissioner Nutter opened discussion noting that she was concerned that although the proposal is very community oriented and good for the neighborhood, generally speaking, industrial uses and children don't mix well and the IL zone was not intended for that mix. She wholeheartedly supported the Boys and Girls Club's efforts and intentions but felt that to allow the non-profit group to locate in a zone where such a use is not intended would definitely be an arbitrary action. . Chair German agreed but noted that the children who are the focus of the need are already in this area and although it is not a good idea to allow this type of use in the IL on a permanent or regular basis, he questioned whether a conditional use permit could be conditioned to assure that the use is temporary and on a very specific operational basis, Commissioner King concurred and felt that if such a use were allowed on a temporary basis Planning Commission Minutes - September 24, 1997 PQge9 . it would do nothing but good for the community. He asked staff if it would be possible to work within the guidelines to allow the use on a temporary basis. Mr. Sawyer responded that the Planning Commission can make any decision it feels is appropriate if that decision can be supported by findings and conclusions but in this instance, staff does not feel that such findings and conclusions can be made, and approval of this use would require a Zoning Code Amendment. However, if the Commission feels that the use is compatible with the purpose ofthe IL zone then the Commission should approve the use. Commissioner Reed stated that it concerned him that although the use is admirable it does not fit within the purpose of the IL zone. The Commission began a lengthy discussion regarding uses that are allowed in the IL zone and those uses that would be considered as "other" conditionally approved uses. A good deal of time was spent in discussion as to how the use could be approved given the guidelines that are outlined in the Port Angeles Municipal Code. Chair German offered that the use may be considered an emergency action or considered an extension of the Evergreen Village project on a temporary basis. He was hesitant to introduce such a use on a permitted basis in the IL zone other than as an emergency issue. . Commissioner Reed moved to reopen the public hearing to allow further testimony. The motion was seconded by Commissioner Craver and passed 6-0. Joe Hawe, Sequim Boys and Girls Club, 414 N. Sequim Avenue, Sequim, Washington, 98382, stated that he understood the difficulties that the Planning Commission is struggling with being an officer of the law himself He considered a conditional use permit to be a tool where such a temporary use could be allowed on a specific temporary nature. He reiterated that he had contacted individual business owners within the park and they do not have any concerns regarding the mix of industrial and recreational uses. He again asked that the use be approved. There being no further testimony, Chair German once again closed the public hearing. Commissioner Craver asked staffwhy the staffreport stated that if the Planning Commission wanted to approve the conditional use permit conditions similar to the requirements for a "social service agency providing 24-hour residential care" should be included? Mr. Sawyer responded by saying that if the Planning Commission approves the use it will allow other similar recreational uses to be allowed in all IL zones. With the conditions suggested it will set a precedent that such uses should be similarly conditioned. . In response to Commissioner Reed, Mr. Sawyer responded that if it is the Commission's intention to allow recreational uses in the IL zone, an amendment should be made to the zone. The City has an IP, Industrial Park, zone that is currently not available anywhere in the City which purpose and characteristics would be similar to the subject area and which would allow recreational uses. However, if the zone is appropriate for the area, a rezone would be required in which case the proposed use would become permitted. The Commission grappled further with the pros and cons but concluded that it is not in their purview to consider a conditional use pennit that does not comply with the intent of the IL . . . Planning Commission Minutes. September 24, 1997 Page JO square feet of office floor area and commercial recreation facilities require one space for each 200 square feet of area. Conclusions Based on the information provided in the September 24, 1997 Staff Report for CUP 97-15 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 Comprehensive Plan's Land Use Element Policies A2, D2, and G2 are directly relevant to the proposed project. B. The proposed use is not consistent with the intent of the IL zone. C, The location of the proposed project is not in the public interest The motion was seconded by Commissioner Nutter and passed 5 - 1 with Commissioner Craver voting in the negative. The Commission took a break between 8:35 P.M. and 8:50 P.M. OTHER BUSINESS: STREET V ACA nON PETITION - STV 97-02 - W AI.KHOFF, Portion otl: S.tre.e.t A petition requesting vacation of a portion of "P" Street situated between Fourteenth Street and Milwaukee Drive. Planner Sawyer reviewed the Planning Department's report. Chair German opened the public hearing. Bob Walkhoff, P.O. Box 121, Carlsborg, WA 98314, requested continuation ofthe public hearing because he had not had a chance to review the staff s report or to speak to the City Engineer regarding the condition for an exchange of property rather than a typical vacation and acquisition of City right-of-way. The intention to exchange property is not acceptable to him. The proposed exchange would result in a dangerous intersection and would result in more than one stop sign in the area. Commissioner Nutter moved to continue the public hearing to October 8,1997, City Hall. The motion was seconded by Commissioner King and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None . . . Planning Commission Minutes - September U, 1997 Page 11 STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Nutter reported that she had been in contact with a member ofthe Peninsula Trail's Coalition and asked that staff schedule a meeting with the non motorized committee for the near future. She added that the American Planning Association's current publication contains an interesting article on impact fees in planning for schools that is very good. ADJOURNMENT The meeting adjourned at 9:15 P.M. u -- Tim German, Chair PREPARED BY: Sue Roberds PLEASE SlGNlN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: V#- cf~ L99' 7 ii:'?'1f' .:Piir;-~:-o.'f~ . ~', .;.~':,#J.~ ADDRESS: >,oc. '? 7 ~ E f!.IQ:S&V 222 .