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HomeMy WebLinkAboutMinutes 11/14/2012 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 14, 2012 6:00 p.m. ROLL CALL Members Present: David Miller, Duane Morris, Scott Headrick, Tim Boyle, Thom Davis Members Excused: John Matthews, Doc Reiss Staff Present: Sue Roberds, Nathan West, Heidi Greenwood Public Present: Betsy Schultz PLEDGE OF ALLEGIANCE Chair Miller opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Boyle moved to approve the October 10, 2012, regular meeting minutes as presented. The motion was seconded by Commissioner Headrick and passed 5 - 0 . PUBLIC HEARING: Chair Miller reviewed the public hearing procedures for audience members and qualified Commissioners regarding Appearance of Fairness and Conflict of Interest issues. No concerns were noted by anyone present. Chair Miller opened the public hearing. CONDITIONAL USE PERMIT EXTENSION REQUEST— CUP 11-02 SCHULTZ—"Captain Joseph House" - 1108 South Oak Street: Request to EXTEND a conditional use permit approval that allows the conversion of a single family residence to establish a short term respite care use serving families of fallen service personnel. The site is located in the RS-7 Residential Single Family zone. Planning Manager Sue Roberds presented the Department Report recommending extension of the conditional use permit as requested. Ms. Betsy Schultz thanked Commissioners for their consideration of the extension request and stated that she had finally obtained the necessary 501(c)(3) certification needed to operate the use as proposed. She can now begin to address financial hurdles of operation. She has reserved the Queen of Angeles gymnasium in order to conduct a neighborhood outreach informing neighbors more formally of her plans for operation of the use and to allow the neighbors to review changes planned for the site. A soft opening is planned for Memorial Day 2013. Funding is from non profit agencies and will be an ongoing endeavor. Planning Commission Minutes November 14,2012 Page 2 In response to Commissioner Morris, she indicated that on site parking is available for two vans and employee vehicles. Use of the site as is proposed should not negatively impact neighborhood parking opportunities and should in fact be less impactive than the previous bed and breakfast because visitors will not arrive in their own vehicles but will be transported by van to the site. Ms. Schultz indicated that, in the future, if changes are planned, she will communicate that possibility to the City staff and, if necessary, would seek to amend the conditional use permit. No changes other than to an on site garden are currently planned. There being no further testimony, Chair Miller closed the public hearing. Commissioner Boyle moved to extend the conditional use permit for an additional 18 month period to allow time for the planned opening in May, 2013, and then a one year period of operation for evaluation of the actual operational impacts citing the following conditions, findings, and conclusions in support of that action: Conditions: 1. Conditional Use Permit CUP 11-02 is extended for an additional 18 month term (until May, 2014) for Ms. Betsy Schultz to establish a non profit residential respite use (the Captain Joseph House) at 1108 South Oak Street. Any change in the operation of the residence from that described and approved per CUP 11-02 shall require prior review by the Planning Commission or the approval shall be deemed invalid. 2. The residential structure will be occupied by either the property owner or a caretaker when guests are present, and shall be maintained in a manner that compliments other residential uses in the neighborhood at all times. Occupancy shall not exceed Building and Fire Code standards for the structure. 3. The off street parking area in the north portion of the residence shall 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. Conditional Use Permit CUP 11-02 was approved on October 26, 2011, for Ms. Betsy Schultz to convert her single family residence to a home where families of fallen service personnel can be hospitably served for short periods of time. The residence had been operated as a bed and breakfast use since 1983. The use was approved with 3 conditions, 15 findings, and 5 conclusions attached to that staff report. 2. Section 17.96.070(D) PANIC reads "Permits void after one year. All conditional or unclassified use permits shall become void one year from the date of granting Planning Commission Minutes November 14,2012 Pi,,�ge 3 such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. I Section 17.96.070(E) PAIVIC 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 90 days to allow the City adequate time to review the extension request." 4. An extension request was received by the applicant on September 28, 2012. The request was considered to be complete on October 4, 2012. Documentation was submitted with the request indicating steps the applicant has taken over the past year to obtain legal status to conduct the proposed activity and that additional time is needed to complete those steps prior to operation. No changes from the approved operational plan are requested. 5. 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 is intended to become a non profit trust ownership for the proposed activity. 6. The 4993 square foot residence can provide lodging for up to 16 people, however, full occupancy is not expected on a regular basis as proposed. Three (3) to 6 personnel will work in shifts as caretakers in the residence with I caretaker/employee working on site at any one time. 7. Door to door transportation will be provided from the Airport for guests. Guests will not arrive in personal vehicles. Transport during visits will be by van. Employee vehicles and two activity vans will be parked on location. 8. 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. 9. 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 p redominantly single fancily homes on standard Townsite sized lots. Uses which are compatible with and"tiInctionally related to a single family residential environment may also be located in this zone. " 10. Section 17.08.020(H) PANIC defines a Conditional Use as "... a use permitted in a zone but which requires aspecial degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. Planning Commission Minutes November 14,2012 Page 4 11, 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 aparticular 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. " 12. 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. Similar uses, such as bed and breakfast uses, assisted living facilities, residential care facilities, and child day care, are listed as being conditionally permitted in the RS-7 Residential Single Family zone. The proposed use differs from a 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. Additionally, guest occupancy would not be subordinate to the primary single family residential use of the structure as propose'd, which is required in bed and breakfast occupancies. All stays are scheduled in advance with no drop ins. 8. 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. 9. The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of the original application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 14. Public notification of the extension request was mailed to property owners within 300 feet of the subject site and posted on the property on October 15, 2012. Notification was placed in the Peninsula Daily News on October 19, 2012, with written comment accepted by November 1, 2012. Three written letters of support were received during the written public comment period. 15. 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 the extension of 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 did the existing bed and breakfast use that 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 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 Planning Commission Minutes November 14,2012 Page 5 neighborhood in which the use is located, and is not contrary to the public use and interest. B. No change in use is proposed from what was originally approved. The extension was applied for in a timely manner and supported by documentation by Ms. Schultz as to efforts taken to complete legal certification of the use for occupancy. Those efforts have taken longer than anticipated. C. 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 from 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 extension 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. The motion was seconded by Commissioner Davis and passed 5—0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West stated that the City has continued to work with Department of Ecology (DOE) personnel regarding state acceptance of the City's revised Shoreline Master Program and hopes that minor amendments and formatting changes will result in a document that is acceptable to DOE by the end of 2012. Work has begun on the promenade project with 41 of 59 piling having been driven. It is expected that the promenade portion of the waterfront redevelopment will be completed by the summer, 2013. Planning Commission Minutes November 14,2012 Page 6 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6:30p.m. Sue Roberds, SO/retary David Miller, Chair PREPARED BY: sroberds