HomeMy WebLinkAboutMinutes 05/22/2013 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 22, 2013
6:00 p.m.
ROLL CALL
Members Present: Doc Reiss, Thomas Davis, Tim Boyle, Scott Headrick,
George Reimlinger
Members Excused: David Miller, Duane Morris
Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Chad Theismann, Mark and Bonnie Schmidt
PLEDGE OF ALLEGIANCE
Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Davis moved to accept the May 8, 2013, regular meeting minutes. The
motion was seconded by Commissioner Reimlinger and passed 4 — 0 with Commissioner
Reiss abstaining due to absence from the meeting.
PUBLIC HEARING:
Chair Boyle read the public hearing rules and procedures. He then read the qualifying questions
for quasi judicial proceedings regarding Appearance of Fairness matters. All Commissioners
responded that they had no Appearance of Fairness issues to report. The Chair then reviewed the
quasi judicial public hearing procedures for audience members. No concerns were noted.
CONDITIONAL USE PERMIT—CUP 13-01-SCHMIDT, 1235 W. 12t"
Street: Consideration of a conditional use permit to establish a day center for 17
children in the RS-7 Residential Single Family zone.
Planning Manager Sue Roberds reviewed the Department Report recommending approval of
the day care center use with conditions. Chair Boyle opened the public hearing.
Bonnie Schmidt, 1235 West 12`" Street, was grateful and willing to work toward making this a
great use for the community and thanked staff for their assistance in this endeavor. She had
nothing to add to the staff's report but was available for questions.
Chad Theismann, 612 E. 2nd Street, hopes to be the employee referenced in the staff report and
supported the proposal.
There being no further testimony, Chair Boyle closed the public hearing.
Planning Commission Minules
May 22,2013
Page 2
Following brief discussion regarding the permissibility of a day care center as a stand alone use
in the RS-7 zone, Commissioner Reiss moved to approve the conditional use permit with
four conditions, citing the following findings and conclusions in support of that action:
The Planning Department recommends the Planning Commission approve Conditional Use
Permit CUP 13-01 subject to the following 4 conditions of approval and based on the following
13 findings and 4 conclusions:
Conditions:
1 The conditional use permit is approved for Mrs. Bonnie Schmidt to conduct a day care
activity at 1235 West 12th Street for up to 17 children per Conditional Use Permit
application CUP 13-01. Hours of operation shall be 8-30 AM to 12:30 Monday through
Friday.
2. The subject property shall be joined into one building site through a Zoning Lot
Covenant.
3. Off street parking shall be provided for the use adjacent to the alley in the area south and
west of the subject day care structure. The applicant shall provide a minimum of three
(3) off street parking spaces for the use that will include two (2) for the day center
visitors and one (1) for the non resident employee. Parking shall be developed to City
standards.
4. The use shall obtain and remain licensed for operation by the Washington State
Department of Social and Health Services for such a use during operation.
Findings:
Based on the information provided in the Planning Department Staff Report for CUP 13-
01 dated May 22, 2013, 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:
1. The applicant Bonnie Schmidt submitted a Conditional Use Permit application to
establish a Child Daycare Center on March 25, 2013, in the City's RS-7 Residential
Single Family zone. The proposal is to establish a learning center for up to 17 children
between the ages of 3 and 5 years of age on two of the four lots owned by the applicant.
2. The subject property ownership is located at the northeast corner of the intersection of
12t" and "F" Streets on Lots 11- 14, Block 355, Townsite of Port Angeles. The subject
property ownership is 27,977 square feet in area and contains a 2662 square foot single
family residence located on Lots 11 and 12 with the subject detached 1662 square foot
structure located on Lot 14 in the far east portion of the property ownership. Lot 13 is
undeveloped. The detached structure will be remodeled to accommodate the day care
Planning Commission Minutes
May 22,2013
Page 3
center per plans submitted with the application along with associated off street parking.
3. The property is zoned RS7 Residential Single Family. Surrounding properties are zoned
RS-7 with Stevens Middle School property to the south zoned PBP Public Buildings and
Parks.
4. Development in the RS-7 zone is subject to the design and dimensional requirements set
forth in 17.10.050 PAMC including minimum setbacks and maximum lot coverage. The
setbacks required for the subject property include a 20-foot minimum front and rear yard
setbacks and 7-foot side yard setbacks except for detached garages in the rear one third of
the lot may have 10-foot rear yard and 3-foot side yard setbacks. Both the primary
residence and the detached structure are conforming to setback requirements of the RS-7
zone for residential use but they are not located on a single building site. A Zoning Lot
Covenant is needed to create the day care use and associated off street parking as one
building site.
5. Section 17.17.08.020 (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 usual living quarters of the
family."
6. Daycare Center operations require licensing by the Washington State Department of
Social and Health Services. Fencing is required by state licensing requirements. The
entire yard between the day care structure to the edge of the orchard east of the residence
will be fenced with a four to five foot high fence.
7. Child day-care centers and pre-schools are listed as conditional uses in the RS-7 zone per
PANIC 17.10.040(E). A "Child Day-Care Center" is defined in PAMC 17.08.020 - (C)
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 usual living quarters oj'the
family. " Child care and schools are functionally related to residential uses.
8. Section 17.96.050 PANIC specifies procedures for the review and processing of
conditional use applications as follows:
A. The Planning Commission shall consider applications for Conditional Use
Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission may grant said permits which are consistent and compatible with
the purpose oJ'the zone in which the use is located, 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 if the characteristics of*the intended Use cis
related to the specific proposed site are such as would defeat the purpose of'these Zoning
Regulations by introducing incompatible, detrimental, or hazardous conditions.
Planning(701711WSSiOnMhmkS
May J2,209
Page f
B. /mooch4/p//co//omt6o.P/oxn/ng Commission may impose whatever
restrictions or conditions they consider essential/o protect the public health, xo/e�K and
w/o�lara, and/m prevent depreciation »/moighborinXproperty.
C. Purpose nfo Conditional Use Permit: The purpose »I'o Conditional Use
Permit area /nwhich suchoxu /x &oshu//bu /ooxxxro /hu/thu /nux//nnnndegreo «f
compatibility between uses shall boattained The purpose «F these regulations shall bo
/nu/o/u/nx'/x//1hrusnor//o [hu/rur//ou/oruxo »f'1ho//or//co/orx//aon(/inconv/derx//ox »F
other ux/x//ngunu'//o&en//u/ uses ~/V\im the general be /oco/e'/
g. Section 14.]0.0]0(E) of the Pod /\ugc]ca Municipal (,ode requires ] of[ street parking
space per employee and 2 off street parking apocco for pick-up and drop-off ofchildren
for child day-care center serving more than 12 children. The applicant has indicated that
there will be l non resident employee at the day-care center. Three /3\ off street parking
spaces for the day care center use will be developed adjacent to the alley at the north and
west sides of the day co,c center structure to City standards prior to cocucucuccooeot of
the activity.
TU. The Comprehensive Plan Land Use Map designates the site as LDR Low Density
Residential. Adjacent designations are LDR and OS Open Space (Stevens Middle School
mite). The site is found iuthe City's North Went P1ouoiog Area. While the
Comprehensive Plan was reviewed io its entirety relative tothe application the following
goals and policies were found to hc most relevant to the application: [.uod Use l{lccucn1
'
Goal &, Policy No. 2; Land Use Element Goal C, Policy No. l; Land Use Element Goal
T}, Policy No. l; and Utilities and Public Services Goal [}, Policy No. 3.
11. A Determination of Non-Significance was issued for this proposed action on May 17,
2013.
12. Reviewing City Departments did not note any concerns relative to the proposed day care
activity. Remodel o[the accessory structure shall bc iu accordance with all Building and
Fire Code requirements. Development nfthe site that results iuland disturbance will bc
iu accordance with the City's Urban Services and Standards (]oidc{incu.
13. Per Section 17.46.140 P/\MC, the site was posted for {ood use action on April g, 2013'
with legal publication posted in the /»on/nxx/o Daily News on April 12` 7013. Letters of
oo1ioc were mailed to property ovvocce within 300 feet of the subject property by U.S.
Mail on April, 9 and April 30, 2013. Seven (7) n«ii1cn coruruCo10 were received in
support of the application within the written public comment period that ended on May
14, 2013.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 13-01 dated
May 22, 2013` including all of the information in the public record file, oouzo\eo18` and
testimony presented during the public hearing, the Planning Con000iSaino'S discussion and
)
�
deliberation, and the above listed condition of approval and the above listed findings, the
City uf Port Angeles P|nuoiug Commission hereby concludes that:
Planning Commission Minutes
May 22,2013
Page 5
1 The proposal is supported and is consistent with the intent of the City's Comprehensive
Plan Land Use goals and policies.
2. As a conditionally permitted use in the RS-7 zone, the application was processed in
accordance with provisions of the Port Angeles Municipal Code, specifically with
Section 17.96.050 PAMC as relates to the process of conditional use permits.
3. As conditioned, the filing of a Zoning Lot Covenant will create a building site to support
the Daycare use that will enable the future stand alone use as a daycare or as a single
family residential site if future conversion to a single family use is desired.
4. As conditioned, the proposal is consistent with Sectionl4.40 PAMC for the development
of day care centers.
Commissioner Reimlinger seconded the motion which passed 5 —0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Associate Planner Scott Johns provided a brief update on progress toward establishing a street
tree ordinance and noted that the City Manager and Community & Economic Development
Director are discussing the next steps. The public comment period has ended at the State level
regarding the Shoreline Master Program update and staff has responded to questions/comments
made during that additional public comment period to the State Department of Ecology. Staff
will continue to keep Commissioners posted on the progress of the Program.
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 6:35 p.m.
Sue Roberd�'-Secretary Tim Boyle, CId/
PREPARED BY: S. Roberds