HomeMy WebLinkAboutMinutes 06/25/2014 MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 25, 2014
6:00 p.m.
ROLL CALL
Members Present: Nancy Powers, Duane Morris, David Miller, Scott
Headrick, Thomas Davis, George Reimlinger
Members Absent/Excused: One vacancy
Staff Present: Sue Roberds, Nathan West, Heidi Greenwood, Ben
Braudrick
Public Present: Sally Beaven, Craig Phillips, Iva Burks, Betty Benedict,
Bruce O'Rourke, Ann Ricks, Carolyn Putnam, Gene and
Barbara Meyer, Pat Adams, Judi Anderson, John DeBorg,
Young Johnson, Mark Johnson, Mark Nichols, Trisha
Plute, Chellie Lefler, Margie Bauer
PLEDGE OF ALLEGIANCE
Chair Headrick opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Morris moved to approve the June 11, 2014, regular meeting minutes noting
a typographical correction to the number of recommended conditions of approval from 2
to 3 for CUP 14-05. The motion was seconded by Commissioner Reimlinger and passed
6-0.
CONTINUED PUBLIC HEARING:
Chair Headrick reminded those present that the public hearing was continued from June 11,
2014. He stated that testimony should not be repetitive and that the rules of conduct require that
the meeting be conducted in a respectful manner to those speaking. Testimony should be
relevant to the matter at hand, be factual, and not be of a personal nature. He noted that
Commissioners were previously qualified to hear the matter under discussion at the June 11,
2014, public hearing. For the record, all Commissioners affirmed that nothing had changed in
their abilities to continue to hear the matter under consideration.
Planning Commission Minutes
June 25,2014
Page 2
CONDITIONAL USE PERMIT—CUP 14-05 —CRALI PROPERTIES,
825 East Fifth Street: Proposal to allow a chemical dependency and
detoxification use in the Commercial Office zone.
Betty Benedict, P.O. Box 2305, Port Angeles, WA stated that she has a degree in human
services and worked as Director of the Domestic Violence/Sexual Assault program for Healthy
Family Services before retiring. She has no doubt that there is a need for detox treatment but she
is concerned about public safety. She and her husband own property across the alley. She was
told that when the nursing home operated at this location a lot of noise was heard. Safety is her
main concern. Desperate people take desperate measures. There are a number of children in the
alley. She'd like to see buffering around such a facility.
Barbara Meyer, 1914 Lower Elwha Drive worked in the human services field for 30 years plus
in Sedona, Arizona. She was instrumental in opening an in-treatment center in an upscale
residential neighborhood. People were initially terrified. People are confused about what
treatment is but once this type of facility is in operation, that degree of fear is not an issue.
Residents of this type of use are voluntarily being treated.
Bruce O'Rourke, 726 E. 4th Street questioned the public notification process for the public
hearing. He received a public notice by mail a month or so before the hearing but the public
notification process seemed disingenuous. He suggested that such a use should be cited
somewhere else, preferably in a commercial area.
Mark Johnson, 630 Whidby is a retired psychologist. The proposed structure is already there;
to build a new one would be massively expensive. To send this population of people to the
hospital to detox is very costly. The proposed site is a great place for the use. The town needs it.
Carolyn Putnam, 916 E. 5th Street is concerned about neighbors and herself. Property values
will go down. There are many children in the neighborhood. The activity is definitely needed
but not in her neighborhood. Put somewhere else where children aren't.
Patricia Plute, 309 W 11th attends church in the area. The community needs a place for this
type of treatment. People will be there voluntarily and want to be treated. She is in favor of the
proposal. If you wait for a perfect location, it will not happen. The reason it is happening is
because the facility is available now.
John Debord, 519 S Oak noted that the applicant has cleared the squatters from the building
and intends to operate a needed service; it's not bad. We need to do something proactive not be
reactive. We need this here; it is the best place for the use given the facility. The more people
that are helped in the mainstream is good; it is worth a shot.
Sally Beaven, P.O. Box 1051, Port Angeles will run the facility if approved. The proponents
have considered all of the concerns. The operation will be well run and will be a benefit to the
community. The operators are skilled professionals who know what to expect in an unexpected
environment. There will never be more than 32 beds due to funding sources and licensing.
Parking, people leaving the building, transportation, devaluation of properties in area, and the
environment all have been considered and will continue to be part of the business program. The
Planning Commission Minutes
Jame 25,2014
Page 3
structure will no longer be empty and will be well monitored, which is important given some of
the housing nearby. The management will be responsive and open to any concerns that may
come up during the operation.
In response to Commissioner Morris, Ms. Beaven responded that there is an outdoor seating
area enclosed with a chain link/wood fence that is heavily shrubbed on the north side of the
building off the alley where staff and accompanied clients may sit for awhile outside. Clients
will never be outside unattended.
In response to Commissioner Miller, Ms. Beaven stated that far more people need assistance
in this area than can possibly be handled by this one facility. They intend to prefer Clallam
County residents and have no problem with a condition regarding serving Clallam County
residents before considering out of area clients.
There being no further testimony, Commissioner Headrick closed the public hearing and
asked staff to respond as to the public notification process. Planning Manager Roberds stated
that the City's standard public notice process is to notify property owners within 300 feet of an
intended action area by U.S. Mail, post notice in the local newspaper, and post the site at least 15
days prior to a public meeting or expected administrative action. The site was posted with
notification mailed to property owners on May 21, 2014, and legal publication appeared in the
Peninsula Daily News on May 25, 2014. In addition, the local newspaper wrote two news
articles regarding the matter with reference to the public hearing prior to the meeting.
Following general discussion as to conditions that should be attached to permit approval to
enable the use to operate as described with little impact to the surrounding properties,
Commissioner Miller moved to approve the conditional use permit subject to the following
conditions, findings, and conclusions:
Conditions:
1. The applicant shall obtain all necessary permits from local, state and federal agencies for
the use including but not limited to City Building Department, County Health
Department, and State licensing.
2. The permit is approved for the applicants to conduct a 32 bed substance abuse treatment
center as described in Conditional Use Permit CUP 14-05 at 825 East 5t1i Street for one
year. If extension of the use is desired beyond June 11, 2015, extension may be approved
by the Planning Commission subject to review.
3. A minimum of 15 off street parking spaces shall be provided for the use.
4. The applicants will prioritize occupancy for Clallam County residents before out of area
clients.
Planning Commission Minutes
June 25,2014
Page 4
5. A solid 6 foot privacy fence will be maintained around the rear courtyard area of the site.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 14-05
dated June 11, 2014, 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. Craig Phillips submitted Conditional Use Permit application CUP 14-05 to allow a 32
bed residential substance abuse treatment center at 825 East Fifth Street, Port Angeles,
Washington on behalf of CRALI Properties.
2. The proposed site includes Lots 12 through 18 in Block 175, Townsite of Port Angeles
and contains a large structure and parking area that were originally developed in 1970 as
a convalescent home in the RS-7 Residential Single Family zone.
3. The site was rezoned in 2014 to Community Office (CO). Surrounding zoning includes
Commercial Office, Residential Single Family (RS-7), and Public Buildings and Parks
PBP properties.
4. Section 17.20.160(E) PAMC lists "chemical dependency treatment and detoxification
centers" as a conditional use in the CO zone.
5. The site is located in the City's North Central Planning Area. The Comprehensive Plan
designates the site as Commercial (C) and Medium Density Residential (MDR). An
Open Space (OS) designation is located one half block to the north of the site.
6. Development in the neighborhood includes Civic Field and Erickson Park, two churches,
two multifamily apartments, several single family residences, and a variety of
professional commercial office uses.
7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit 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 of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations.
8. The purpose of the Commercial Office zone is "... a commercial zone intended for those
business, office, administrative or professional uses that do not involve the retail sale of
goods, but rather provide a service to clients, the provision of which does not create high
traffic volumes, involve extended hours of operation, or contain impacts that would be
detrimental to adjacent residential areas. Commercial uses that are largely devoid of any
impacts detrimental to single family residential uses are allowed. This zone provides the
basic urban land use pattern for small lot, transitional uses between residential
Planning Commission Minutes
June 25,2014
Page 5
neighborhoods and commercial zones with direct access on an arterial street and design
standards compatible with residential development. "
9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Element Policy D.1; and Transportation Element Policy B.14; were found to be most
relevant to the proposal.
10. PAMC Chapter 14.40 Table A does not indicate a required number of parking spaces
required for chemical dependency treatment and detoxification center uses. Uses not
specifically addressed in Section 14.40 PAMC require a staff recommendation and
approval by the Planning Commission to determine the appropriate amount of parking.
The administration will not allow clients to store vehicles on-site during their treatment
stay. The site contains approximately 4,400 square feet of graveled area that has been
used as parking in the past. That amount of area can support at least 10 off street parking
stalls with smaller areas off the 4/5 alley available to provide 2— 3 additional parking
areas once improved. The applicant intends to have no more than 12 employees on site
during a shift. A requirement of 12 off street parking spaces should be sufficient to
accommodate a full complement of staff employees with 3 spaces for pick up and drop
off. Staff therefore recommends that the Planning Commission approve the provision of
15 off street parking spaces.
11. A development that is approved through the conditional use permit process must remain
in continual compliance with specific conditions of approval or may be revoked. All
conditional or unclassified use permits shall become void one year from the date of
granting 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.
12. 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.
13. Notification of the proposed action was placed in the Peninsula Daily News on May 25,
2014. The site was posted with a notice of application and written notice was sent by U.S.
Mail to neighboring property owners on May 21, 2014. Due to an irregularity in the
notice information, a correction was placed in the Peninsula Daily News, re mailed to
neighbors, and posted on site on June 1, 2014.
14. Several comment letters of support were received during the public comment period that
ended on June 9, 2014. The letters from local entities include Serenity House and
Clallam County Health and Human Services, Jamestown S'klallam Family Health Center,
St. Vincent De Paul, 4-Directions Counseling and Consulting, Reflections Counseling
Services, and the Clallam County Affiliate of the national Alliance on Mental Illness
(NAMI). In addition to letters from local health care providers, letters of support were
received from 4 private parties. Letters were received from parties in Chehalis and
Spokane Washington, where American Behavioral Health Systems operates similar
facilities. Those letters included comments from the City Manager and two Chehalis City
Council members, the Director of the Northwest Tribal Center, the Visiting Nurses
Foundation, and 7 letters from private individuals, one with multiple signatures. Letters
from Spokane include those from 2 businesses in the vicinity of a facility operated by the
Planning Commission Minutes
June 25,2014
Page G
applicants located in Spokane, one church (Valley Real life Church), Spokane Urgent
Care, 2 dentists and one private individual.
15. Comment letters opposing the proposal were also received during the public comment
period. One (1) letter writer from Port Angeles expressed concerns that such a facility
would attract clients from out of the area who may stay in the area after completion of
the program with the potential result being that the City would need to absorb more
needy people into the community. Another letter writer expressed concern regarding the
location being close to churches, parks, pre-schools, and the YMCA. A neighborhood
resident did not feel that the location is a good fit for the area. A property owner in the
area strongly opposed the location and explained reasons for that position, and a letter
was received from Landmark Properties in opposition to the location in the
neighborhood. All of the public comment letters are attached to this staff report as
Attachment"D".
15. City Departmental comments were considered in review of this application.
16. A Determination of Non-Significance (#1339 )was issued for this proposed action on
June 10, 2014.
17. The Planning Commission opened a public hearing on the proposal at the June 11, 2014,
regular meeting and continued the public hearing to June 25, 2014.
18. Testimony was provided during the public hearing that indicated an overwhelming need
for chemical dependency treatment center in the community. Applicants stated an
intention to serve community residents on a first priority basis.
19. Testimony was provided during the public hearing that measures should be taken to
reduce noise from the use to surrounding properties and to protect residents from the
high traffic use in the alley. A solid fence around the outdoor gathering area could
provide added safety in the area.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report
for CUP 14-05 June 11, 2014, 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:
1. The proposal is consistent with requirements for approval of a conditional use permit as
specified in Section 17.96.050 PAMC.
2. As conditioned, the proposal is consistent with Section 14.40 (Parking Ordinance) PANIC
and will require adequate off street parking for the use as proposed.
3. The use is consistent with the purpose of the City's Commercial Office zone (Section
17.20 PANIC) and is therefore permitted as a conditional use permit.
4. Testimony was provided from a number of professional sources that the use will provide
a much needed resource service to the community.
5. As conditioned, the use is in the public interest.
Planning Commission Minutes
June 25.2014
Page 7
Commissioner Reimlinger seconded the motion that passed 6—0.
Planning Manager Roberds stated for the audience that the action of the Planning Commission
is final unless appealed to the City Council within 14 days of the action.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Assistant Planner Ben Braudrick presented a Power Point in support of a grant application for
Young Johnson to provide $1,000 in funding for replacement of old signage (sign grant) and
$5,411 for remodel of the north and east sides of the structure (fagade grant) located at 222 N.
Lincoln Street. Director West stated that an amendment to the original sign grant proposal for
this applicant was presented to staff prior to the meeting to add the fagade grant piece to the
application. He apologized for the lateness of the submittal of the facade grant piece, but said
that staff felt that it would be more expedient to deal with the request at this juncture than to wait
two weeks until the next meeting opportunity for this applicant.
Young Johnson, 222 N. Lincoln Street said that the building was left in very poor condition by
the previous tenant and the owner is not able to make necessary improvements to the building.
She has agreed as a tenant to make improvements to the building and her costs to date are fast
nearly $250K. She would like to take advantage of all grants available to alleviate some of the
costs to help upgrade the building in this wonderful shoreline location. Ms. Johnson added that
new windows and awnings are included in the facade grant.
Director West reported that although broad advertisement since May, 2014, for the fagade grant
availability has not brought any other grant applications. This year, staff is trying to process
applications when submitted because there has not been a high demand for the funds. To
facilitate the timeliness of construction during the summer tourist season, Mr. West expressed
support of the two grants as requested at this time even though the fagade portion was submitted
only just prior to the meeting.
Commissioner Miller moved to approve the sign and faVade grants as identified in the
applications submitted June 12, and June 25, 2014 by Young Johnson for 222 N. Lincoln
Street. Commissioner Reimlinger seconded the motion that passed 6 —0.
REPORTS OF COMMISSION MEMBERS
In response to a concern expressed by Commissioner Miller, regarding the public's difficulty
with observing the back in parking along the new shoreline esplanade area, Mr. West stated that
the Police Department has been asked not to ticket the public who are not backing in for awhile
to let people get used to the back in parking along Oak Street. Back in parking is becoming the
standard for parking in areas where pedestrians/bicycles/vehicles share the same area. There was
Planning Commission Minutes
June 25,2014
Page 8
discussion regarding some helps that may get the message across to the public such as much
more noticeable signage and more signage. Commission members agreed that a period of time
to educate is preferable to ticketing those who are not aware or are not seeing the signs.
Commissioner Miller suggested that business cards be put on vehicles to remind people to back
in along Oak Street that could be distributed by the Downtown parking officer.
Commissioner Miller also noted that crosswalk signs are not synced with traffic lights such that
if someone hasn't pushed the pedestrian crosswalk sign before the switch engages for the traffic
lights, the crosswalk indicator remains red even though it is safe to cross. It would be helpful for
crosswalk signs to be better coordinated to allow folks to cross when traffic lights allow safe
crossing turn regardless of when the crosswalk button is pushed. Other Commissioners stated
that they had witnessed the problem and agreed that it would be best if the crosswalk and traffic
lights are coordinated. Director West indicated that staff will let the City Engineer know of the
concern.
Sue Roberds let Commissioners know that a memorial service would be conducted for
Commissioner Tim Boyle who passed away suddenly on June 20. Mrs. Boyle called to invite
anyone who would like to attend a small gathering at Fairmount Restaurant following the Lion's
weekly meeting on June 26.
Nathan West noted that Commissioner Boyle was a loyal Lion's Member, an enthusiastic
member of the Planning Commission and the Port Angeles Forward Committee, and supported
many other City efforts wholeheartedly. Tim will be greatly missed; he was a very loyal,
willing, dependable community member.
ADJOURNMENT
The meeting adjourned at 7:15 p.m.
Sue Roberds; ecretary Scott Head k, Chair
PREPARED BY: S. Roberds