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HomeMy WebLinkAboutMinutes 10/13/20101 ROLL CALL Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue, Sissi Bruch, Mike Caudill Members Absent: None Staff Present: Scott Johns, Sue Roberds Public Present: Pam Fosnes, Dave Hull, Cookie Kalfur, Margie Bauer, Nathan Worley, Susan Hilgren, Jeanie Skerbeck, Bill Asselin, Justin Haarhan, Ryan Kirk. William Dolen APPROVAL OF MINUTES Commissioner Bruch moved to accept the September 22, 2010, regular meeting minutes as presented. The motion was seconded by Commissioner Powers and passed 6 0 with Commissioner Reiss abstaining due to his absence at the meeting. PUBLIC HEARING: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 13, 2010 6:00 p.m. EXTENSION OF CONDITIONAL USE PERMIT CUP 09 -06 HILGREN The Answer For Youth (Hilgren) 711 East Second Street: Commissioner Sue recused herself from the proceedings due to an Appearance of Fairness issue. She announced a familial relationship with the applicant and left the room. Associate Planner Scott Johns reviewed staff's memorandum outlining the past year's operation, describing the six month review and improvements that have been made, and compliance with the conditions of approval. Staff recommended that a three year extension be granted given compliance with the conditions of approval. Improvement to the parking area has not been made to City standard, although a gravel standard was permitted on a temporary basis. The three year time period will allow for some adjustment to that situation or full compliance, and will allow a review following the time period. Staff responded to discussion from Commission members regarding submittal of the extension request per the conditions of approval (two months prior to expiration). Planning Manager Sue Roberds indicated that while Condition #2 does require that extension be requested no less than two months prior to expiration, the Port Angeles Municipal Code requires only that a request be submitted prior to expiration. She felt that the applicant's intent was to comply even though the extension request submittal did not meet the letter of the condition. No problems were experienced as a result of the late submittal. Planner Johns responded to Commissioner Reiss that no additional landscaping had been required because the parking area is not new construction. If new parking area is Planning Comm,ssmn Atmutes October 13, 2010 Page 2 developed, additional landscaping will be required. A church use existed on the site for many years that is not unlike the current occupancy The parking lot has existed for many years as well. Planning Manager Roberds responded to a question from the Commission regarding improvement to the parking area. Mrs. Roberds said that City Engineer Steve Sperr determined that if there is no access to Second Street, the parking area could remain gravel with access only from the alley However, the parking area must be augmented with gravel. If the gravel area is not maintained such that it becomes muddy or unusable, the activity will have to cease until such time as repair is made to minimum City standards. It is hoped that the applicant or property owner will be able to develop the site to an acceptable improved (paved) standard at a future time. When that happens, access will once more be permitted to Second Street. Chair Matthews reviewed the quasi judicial public hearing procedures for the public and qualified the Commissioners regarding appearance of fairness and conflict of interest matters. Remaining Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then opened the public hearing. Susan Hilgren, 12 Pearce Road, Port Angeles, WA provided a synopsis of the past year's accomplishments and described how the conditions of approval had been met. She stated that the center currently serves 30 regular people with a normal day seeing between 12 19 people. There have been 2900 visits over the past year to the center She confirmed that she would like to increase the days per week to accommodate the need for service. Most of her visitors are in their early 20's with some 14 15 year olds. There being no further testimony from the audience, Chair Matthews closed the public hearing. In response to a direct question from Chair Matthews, Ms. Hilgren indicated that she conducts a part time counseling service at the center called the Winds of Change. Planner Johns noted that professional offices are permitted uses in the Commercial Office zone in which the site is located. Following brief discussion, Commissioner Bruch moved to approve a three year extension of Conditional Use Permit 09 -06 with the following conditions, supported by the included findings and conclusions: 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 3 CUP 09 -06 is extended for an additional three (3) year period, until September 9, 2013, for Susan Hilgren to operate The Answer For Youth outreach center as described in the application submitted to the City Department of Community Economic Development on August 3, 2009 If extension is desired beyond September 9, 2013, such request must Plansmg Comm,ssmn Minutes October 13, 2010 Page 3 be submitted to the City Department of Community Economic Development prior to the expiration date of September 9, 2013 4 Hours of operation may be extended to, at maximum, 3 P.M. 7 P.M. Monday, through Friday, and 4.30 P.M. 6 P.M. Saturdays and Sundays. 5 Use of the undeveloped parking area may only occur under the conditions prescribed by the City Engineer allowing a gravel surface as long as access is prevented from the neighboring street and gravel is placed to prevent mud and debris from being deposited in the alley from the site. If the gravel driveway condition becomes inaccessible for use due to disrepair or maintenance, or access from Second Street is desired, the use shall cease until the parking area is improved to the City's more standard parking lot development design at which time access to Second Street may be utilized. Findings. 1 Following a public hearing conducted on September 9, 2009, the Planning Commission approved Conditional Use Permit CUP 09 -06 allowing an outreach center entitled "The Answer For Youth (TAFY to be established in the Commercial Office zone. The applicant is Susan Hilgren. The site location is 711 E. Second Street. 2. The Planning Commission approved the conditional use permit with two conditions. 3 Section 17.96.070(E) of the Port Angeles Municipal Code Extensions of Approved Conditional Use Permits reads "Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1 The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. F. Minor Amendment of Approved Conditional Use Permits. 1 Upon written request submitted to the Department of Community and Economic Development a minor amendment may be made to an approved conditional use permit if. a. The amendment does not increase the intensity of the use by more than 10% of the original approval, b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located;" 4 The applicant requested extension of the CUP in a timely manner, with such extension being requested prior to the one year expiration date on September 7, 2010. 5 Notice of the extension was placed in the Peninsula Daily News and mailed to neighboring property owners and parties of record on September 24, 2010 At the time of this staff report, no written comment has been received as a result of that notification. increasing the hours of operation to allow seven (7) day a week use rather than the originally approved five (5) days per week. The original days /hours of operation were 3 7 p.m. Monday, Wednesday, Friday, and 4.30 6 on Saturday Added dates /hours are requested to be Tuesday and Thursday with hours being 3 P.M. 7 P.M. and 4.30 P.M.— 6 P.M. on Sundays. 7 The City of Port Angeles Public Works and Utilities Department approved development of the required off street parking area to a gravel standard with the condition that access to the neighborhood street be prevented. In response to this requirement, the applicant has added a gravel base to the parking area and erected a fence across the access to Second Street. The City will allow the gravel use as a trial but indicated that if the parking area becomes unusable due to maintenance issues, the area will need to be improved to the standard asphalt or concrete parking area for further use of the site. Conclusions 1 The proposal is consistent with other uses permitted and with the purpose of the Commercial Office zone described in 17.20 010 PAMC Planning Commission Minutes October /3, 20/0 Page 4 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 the extension of a conditional use permit as specified in PAMC 17.96 070 Commissioner Boyle seconded the motion that passed 6 0. Commissioner Sue returned to the meeting room. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planning Manager Sue Roberds noted that each Fall staff tries to put together potential amendments to the Port Angeles Municipal Code to effect minor corrections to various sections of the Municipal Code where adjustments have become apparent over the year She listed several housekeeping matters that are `on the table for discussion" and encouraged Commissioners to indicate if there are others that should be reviewed at this time. REPORTS OF COMMISSION MEMBERS Commissioners discussed impact funds, signs, banners, street lights, and procedural issues. Commissioner Bruch indicated that she would prefer an opportunity to discuss issues more fully prior to making decisions and perhaps even table items in order to provide time to do research and review materials in association with particular applications. Staff noted that the Commission can take as much time as necessary to deliberate following close of a public Planning COAu,,:3slOn Minutes October 13, 2010 Page 5 hearing. Discussion need not be rushed but, unless additional information is needed to be provided by staff or an applicant, an item should not be tabled in order to obtain information on one's own or outside of the group. Commissioners discussed that actions are a group decision based on the same information being gained by each Commissioner in the same setting. The Commissioners discussed meeting procedure and protocols voicing previous training received from City staff including the City's Attorney on the matter of public hearings. ADJOURNMENT The meeting adjourned at 7 45 p.m. PREPARED BY S. Roberds Sue Roberds, retary John Matthews, Chair