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HomeMy WebLinkAboutMinutes 10/26/2011ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 26, 2011 6:00 p.m. Members Present: Doc Reiss, Nancy Powers, Tim Boyle Sissi Bruch. David Miller Members Excused. John Matthews, Amanda Anderson Staff Present: Sue Roberds, Nathan West, Heidi Greenwood Public Present: Dawn Saiz, Bob Stokes, Bill Hannan, Charles Smith, Dean and Deb Reed, Chuck Krueger, Betsy Schultz, Naomi and Joe Denhart, Barb and Jim Money, Jack Brown, Ruth P., Dan Pottiger PLEDGE OF ALLEGIANCE Chair Reiss opened the regular meeting at 6 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Powers moved to approve the October 12, 2011, regular meeting minutes as presented. Commissioner Boyle seconded the motion which passed 4 0. PUBLIC HEARING. CONDITIONAL USE PERMIT CUP 11 -02 SCHULTZ "Captain Joseph House" 1108 South Oak Street: Proposal to convert a single family residential use to establish a short tenn respite use serving families of fallen service personnel in the RS- 7 Residential Single Family zone. Chair Reiss read the qualifying questions for Commissioners regarding Appearance of Fairness matters. All Commissioners responded for the record that they had no Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No issues of concern were noted. Planning Manager Sue Roberds reviewed the Department Report recommending approval of the conditional use permit with conditions. Chair Reiss opened the public hearing. Betsy Schultz, 1108 South Oak Street, provided additional background on the intended use and explained how the respite use would be funded and operated. One (1) to three (3) families will be served at a time. The structure will appear to function as a residential home or similarly to a bed and breakfast use and will continue to contribute to the established neighborhood environment in a positive manner Planning Commission Minutes October 26, 20 1l Page 2 Bill Hannan, 101 Texas Valley Road, Sequim is employed by Peninsula Community Mental Health and spoke in approval of the conditional use permit. As a Vietnam veteran, he wished such facilities had been available to his era of service personnel. He asked that the permit be approved as recommended by staff. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Boyle moved to approve the conditional use permit with the following conditions supported by the following findings and conclusions: Conditions. 1 The conditional use permit is approved for an initial one year period for Betsy Schultz to operate a non profit residential respite use (the Captain Joseph House) in the RS -7 Residential Zone at 1108 South Oak Street (Lots 1 and 2, Block 345, TPA) per application identified as Conditional Use Permit CUP 11 -02. Any change in the operation of the residence from that described in the application shall require prior review by the Planning Commission or this approval shall be deemed invalidated. 2. The residential structure will be occupied by either the property owner or a caretaker when guests are present, and occupancy will be per Building and Fire Code standards for the use. 3 The residence will continue to be maintained in the current manner such that it complements other residences in the neighborhood in appearance and character The off street parking area at the north portion of the residence will remain available for residential and employee parking and landscape screening shall be maintained around the off street parking area as well as the significant residential site landscaping that currently exists to be in concert with other established neighborhood residences. Findings Based on the information provided in the Community Development Staff Report for CUP 11 -02 dated October 26, 2011, 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 On October 4, 2011, Betsy Schultz applied to the City of Port Angeles Department of Community Economic Development (DCED) to allow her single family residence to be converted to a home where families of fallen service personnel are afforded a short hospitality stay The residence has supported a bed and breakfast use since 1983 2. The site location is 1108 South Oak Street in the City's RS -7 Residential Single Family zone. Ms. Schultz owns the subject property that would become a non profit trust ownership as proposed. 3 The 4993 square foot residence can provide lodging for up to 16 people, however, it would not be usual for full occupancy to occur Three (3) to 6 personnel would work in shifts as caretakers in the residence at all times with only 1 caretaker employee working on site at any one time. Planting Conn sswn Minutes October 26, 2011 Page 3 4 Door to door transportation will be provided from the Airport. Guests will not arrive in personal vehicles. Transport during visits will be by van. Only employee vehicles and two activity vans will be parked on location. 5 Operational hours will be from Sunday afternoon until Friday afternoon. The property owner or a caretaker will be on site when visitors are not on location. 6. Section 17 10.010 of the Port Angeles Municipal Code describes the RS -7 Residential Single Family zone as a .low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite sized lots. Uses which are compatible with and functionally related to a single family residential environment tnay also be located in this zone 7 A Conditional Use Permit is defined in Section 17 08.020(G) of the Port Angeles Municipal Code as a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest Section 17 08.020(H) PAMC defines a Conditional Use as a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone." The purpose of a Conditional Use Permit is further defined in Section 17.96.050 PAMC as to assure that the maxinuun degree of compatibility between uses shall be attained The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located.'' 8. While the RS -7 Residential Single Family zone does not specifically list the proposed use as being either permitted or permitted conditionally, Section 17 10 040(R) PAMC provides that "Other uses compatible with the Chapter" may be approved through the conditional use permit process. Conditional uses that are identified as being pennittable in the RS -7 zone include bed and breakfast uses, assisted living facilities, residential care facilities, and child day care. The proposed use differs from bed and breakfast use in that all meals and transportation are included during a visit while only one meal and snacks are provided as a bed and breakfast use, and guest occupancy would not be subordinate to the primary single family residential use of the structure, which is required in bed and breakfast occupancies. All stays are scheduled in advance with no drop ins. 9 Section 17.96.050(A) of the Port Angeles Municipal Code provides that "The Planning Commission shall consider applications for conditional use permits for uses specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the put pose of the zone in which the use is located, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit tithe characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. Section 17 96.050 (B) PAMC reads "In each application, the Planning Commission may impose whatever restrictions or Planning Commission Minutes October26, 2011 Page 4 conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property 10 The Planning Commission's decision is final unless appealed to the City Council. Appeals of decisions of the Planning Commission in Conditional Use Permit actions are provided per Section 17.96.070(A) PAMC. 11 The proposed site is situated in the City's Central Planning Area and is served by all municipal emergency services. Reviewing City departments had no concerns regarding the proposed activity Occupancy as proposed will be per Building and Fire Code requirements for such a use. 12. The site is within a well established, single family neighborhood comprised of single family residences mixed with a number of social and educational uses. The area is commonly referred to as "Cherry Hill" and is identified by the location of the Queen of Angels Church and convent /elementary school (two blocks immediately north of the property), St. Matthew's Lutheran Church and daycare, and Jefferson Elementary School (three blocks east of the site). Peninsula Mental Health operates an assisted residence adjacent to the site across the 11/12 Alley The City's main fire hall is located seven blocks immediately north of the site. 13 The proposed structure is located on two Townsite lots developed as a five bedroom residential structure. As a bed and breakfast use, site development provides off street parking for at 12 vehicles. Two residential vans and parking for employees can easily be provided in the screened parking area. As proposed, the use will need 5 off street parking stalls. 14 The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachinent B to this staff report were found to be the most applicable to the proposed use. 15 Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on October 6, 2011 Notification was placed in the Peninsula Daily News on October 10, 2011, with written comment accepted by October 25, 2011 No written comments were received during the written public comment period. 16. A Determination of NonSignificance was issued for the proposed action on October 25, 2011, per WAC 197 -11 -355 This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). Conclusions Based on the information provided in the Department of Community Development Staff Report for CUP 11 -02, 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 conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed use will function similarly and to all outward appearances as has the existing bed and breakfast use that has operated from the location since 1983 without complaint. Site development is not out of character with other established residential uses in the neighborhood that include several social and educational uses. Operational Planning Commission Minutes October 26, 20/1 Page 5 impacts, such as off street parking, are contained on site. The proposed use is consistent and compatible with the purpose of the zone and with other uses in the general neighborhood in which the use is located, and is not contrary to the public use and interest. B The structure will continue to be maintained in the existing residential manner that will not include commercial signage or an excess of vehicles. The site is heavily landscaped and provides screening of on site activities to the general neighborhood. The proposed use is not out of character with other uses that are conditionally permitted in the RS -7 zone. As conditioned, the maximum degree of compatibility between uses in the neighborhood is ensured, and the use is in therefore in compliance with Section 17 96.050 PAMC. C. The conditional use permit was processed in accordance with Section 17.96 PAMC. Appeal of the Planning Commission's decision is final unless appealed to the City Council. D As conditioned, the use is in compliance with goals, policies, and objectives of the City's Comprehensive Plan, specifically with Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2, Residential Goals, Policies, and Objectives Goal B, and Policy B 1, and Goal C and Policy C.1, and with Section 17 10 (RS -7 zone) of the City's Zoning Ordinance. Commissioner Powers seconded the motion which passed 4 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None REPORTS OF COMMISSION MEMBERS ADJOURNMENT The meeting adjourned at 6.20 p.m. PREPARED BY S. Roberds Doc Reiss, Chair