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HomeMy WebLinkAboutMinutes 06/13/2001 ..-...._'~ '0 ~.~ .~ ~, L_~,_ _. e DiOr 'RTrt, A IN. rG:- 'Ell ErS'- J 1=-',c1ih' " ..If _1~lnLIJ ~) WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 13, 2001 I. CALL TO ORDER 7 p.m. II. ROLLCALL III. APPROVAL OF MINUTES: Meeting of May 23, 2001. IV. PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 01-03 - PA FARMER'S MARKET. 223 East Fourth Street: A proposal to allow a farmer's market to be located in the PBP, Public Buildings and Parks, and RHD, Residential High Density zones. PUBLIC MEETING: REZONE APPLICATION - REZ 01-03 - REETZ. 835 East Second Street: Request for a rezone of 7,000 square feet of property from RHD, Residential High Density, to CO, Commercial Office. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS Report on requested actions. VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT ~ PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins. Fred Norton, Bob Philpott, Mary Craver, Rick Porter PLANNING STAFF: Brad Collins, Planning Director; Debra Barnes, Associate Planner; Sue Roberds, Planning Specialist . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 13, 2001 7:00 p.m. ROLL CALL Members Present: Fred Norton, Linda Nutter, Fred Hewins, Chuck Schramm, Mary Craver, Rick Porter Members Excused: Bob Philpott Staff Present: Brad Collins, Debra Barnes, Sue Roberds, Ken Dubuc Public Present: Charles Parksman, Ray Chapman, Cindy Kochanek, Lily Thompson, Burdette Greene, Ray and Kathleen Dejong, Mike Nien, Donita Donnell, Tim McWright, Robert Hiner, Nash Huber, Russel and Kim Johns, Kathy Robinson, James Robinson, Larry Temres, Ed Schreiner, Rosemary Sutton, Steve Johnson, Linda Schreiner, Curtis Beggs, Karen Hubek, Brenda Rout. APPRO V AL OF MINUTES Commissioner Hewins moved to approve the May 23, 20ot, meeting minutes as presented. The motion was seconded by Commissioner Porter and passed 6-0. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 01-03 - FA FARl\1ER'S MARKET. 223 East Fourth Street: A proposal to allow a farmer's market to be located in the PBP, Public Buildings and Parks, and RHD, Residential High Density zones. Associate Planner Debra Barnes reviewed staffs report recommending approval of the conditional use permit. Ms. Barnes responded to Chair Nutter that the county and city parks divisions have authority over use of the respective parking areas and their maintenance issues. The applicants will be tenants of the county not the city. Community Deve]opment Director Collins noted for the record that the city is not sponsoring this application. The city is only acting on the land use issue. Ms. Barnes noted that as of June ]2,200], the county has approved use of the Sheriffs Department restrooms for the weekend activity. . . . Planning Commission Minutes June 13, 2001 Page 2 Chair Nutter opened the public hearing and noted that those who testifY will be required to take an oath ensuring that the testimony provided is truthful to the best of their knowledge. That verification is taken by signing the meeting sign-in sheet. Linda Shreiner, 5455 Deer Park Road, represented the Port Angeles Farmer's Market Board of Directors. She stated that many small farms exist in the area of as small as two acres. The owners ofthese farms desire to sell their products directly to the consumer. Approval of the conditional use permit will indicate support of this type of agricultural activity and will contribute to the community's pride in its local fanners and craftsmen. Ms. Schreiner responded to Commissioner Craver that the Washington State Farmer's Market Association rules allow markets to be made of a combination of tradespeople consisting of at least five "farmers" who grow their own products; "producers" who produce a product such as honey, syrup, bakery goods, etc.; and "crafters" who craft articles of quality such as sweaters made from home grown wool, furniture made from hand hewn materials, etc. No commercial, imported, or second hand items may be sold. Fifty-one percent ofthe gross sales must come from farmers. The total combination of sellers (farmers, producers, and crafters) cannot exceed the gross annual sale of the farmers. Ms. Schreiner answered Commissioner Hewins that there are no plans to provide immediately consumable food such as hot dogs and soft drinks. Musicians are a desirable component of successful fanner's market uses. It is not uncommon for a 4H group to bring animals to create a petting zoo where 4H members can charge a fee for the opportunity to view and touch the animals. Both the musicians and petting zoo uses would be viewed as vendors and would be offered a specified space. She hoped that use ofthe parking lot location will allow the market to grow and develop a community presence. It is hoped that a location in the Downtown area will be available in the future with the redevelopment proposals for the Downtown. In response to Commissioner Schramm, Ms. Schreiner stated that there may be times when it would be desirable for a vendor to sell an item that is not grown or produced locally but would be a filler. No vendor would be allowed to sell strictly items that are not personally grown or made but only to augment their products when items are not available in the area. Kim Johns, Port Angeles Farmer's Market Manager, 3781 Lost Mountain Road, Sequim, Washington, owns 30 acres that she and her family farm. Like others in the area her family chooses to live on a fann and would like to sell some of her fann products at a local farmer's market. The proposal would allow such an opportunity. Her children are looking forward to bringing their 4H animals to the market as fund raisers for their 4H activities and to support the animals' care. As market manager she will work closely with the city and county and be very active in infonning those agencies of the market's activities and progress. Russell Johns, 3781 Lost Mountaill Road, Sequim, Washillgton, thanked the Commission for their consideration of such an important issue to the community. The proposed market is a very important issue to many people in the county and will offer a real sense of community to everyone. A farmer's market has a positive effect on residents and allows an understanding of where food comes from Planning Commission Minutes June 13. 2001 Page 3 . while offering quality products of a home grown nature. Such a market will generate revenue for local farmers and craftspeople and offer home grown/made products of quality generating pride in the community. He hoped that any problems or obstacles can be resolved in a friendly manner and that this use will be allowed to flourish and grow with the community. Tim McWright, Port Angeles, manages the Peabody Creek Trailer Park that is located immediately adjacent to the Courthouse property. In speaking for the many elderly residents of the park, he doesn't oppose the proposed market activity but is concerned about the proposed music. The sound of music travels and will likely disturb the residential use if allowed to be amplified. If music is permitted it should not be from 7 a.m. to 5 p.m. as is described in a notice that he had been sent. It was noted that the notice had not been sent by the city and did not contain a return address. Robert Hiner Peabody Creek Trailer Park, was also concerned about the noise that would be generated from proposed music during the market activity. As a resident of the adjacent property he was concerned that the sound would disrupt the residential activities ofthe park residents. There is an inordinate amount of disturbance caused by users of the parking lot located adjacent to the park along Lincoln Street. He was concerned that this disturbance would be compounded by music from a farmer's market. He supported the market but not the music. . Charles Parkman, 414 Howe Road, indicated that he believes up to 70% of the fiuit and vegetables intended for sale at the market will be imported from areas outside of Clallam County. To him, locally grown means grown in Clallam or Jefferson counties. Karen Huber, 11681 Hoko Road, Clallam Bay, Washington, has been a vendor of the current farmer's market for many years. Farmer's markets serve as an educational opportunity for area farmers and craftspeople as well as a selling opportunity. In the years that she has sold her products it has not been apparent that non local vendors sell products. Local products mean grown in Washington State. DOllita DOllell, 49035 Highway 112, Joyce, WashillgtOIl, would like to know that if approved the conditions of approval and operation will be enforced and honored by the operators. Although advertising gives the impression that the original market is closing, it is not. There will be two fanner's markets in town. Kim Jones added that it is not the intention of the new market operators to detract in any way or compete with the current operators of the original farmer's market. Both uses can thrive on their own. The current proposal is strictly for spacial reasons and to allow more opportunities for growth than are available at the existing market. Research shows that rilUsic is critical to a successful market activity. Music could be restricted not only by limitations on the amplification level but by the hours pennitted. The market activity will begin at 7 a.m. with set up and end at 5 p.m. . Mrs. Jones responded to Commissioner Craver that for special events such as a petting zoo, the C]allam County Health Department has offered the use of a portable hand washing station with self. contained bladders to be disposed properly of off site. Animal muck buckets will be used for animal sanitation purposes. Planning Commission Minutes julie 13.2001 Page 4 . She answered Commissioner Hewins that stall areas would be approximately 10' x 20'. The appearance of the site will be monitored. In response to Commissioner Porter, Ms. Jones answered that all vendors will be required to obtain proper pennits from those agencies that govern the uses such as the Health Department and Department of Revenue. Unlicensed vendors will not be accepted. King County guidelines for the operation of such uses will be relied upon. Commissioner Norton hoped that those musicians who are not bonafide vendors will be asked to leave and that any proposed music will be controlled for the comfort of all particularly those residents who reside in adj acent residential areas. Cindy Kochanek, 335 Alpine Road, noted that there are many times when the adjacent Vern Burton Memorial Community Center (VBMCC) is the site of funerals, group activities, and weddings. Music generated from the market should not be allowed to disturb those functions which are a permitted use and a function of the community center. There are 43 vendor spaces available at the original farmer's market. The most vendors ever experienced has been 27. She did not believe there is a space problem at the current market. She has never seen anyone turned away due to space concerns. Music has become a problem with the Sequim market. . Karen Huber did not agree that the existing fanner's market at 8th and Chase Streets offers adequate space for vendors. Brenda Rout, 491 Liljedahl Road, Joyce, Wasltington, reiterated that the original market is not closing but is being renamed as "Gertie's Farmer's Market" in honor of its founder Gertie Rohrbach. She did not believe the current applicants are being honest in their representation. Nash Huber, 1865 East Anderson Road, Sequim, explained that there is some discord amongst the two farmer's market groups. The current market operates in a parking lot ofa property that is for sale. The market has had to move several times over the past 15 years and the current proposal is an attempt to more pennanently locate the use where parking is not so much of an issue and where growth may occur with some assurance. Kim Jones produced an article from the Peninsula Daily News that provided some misleading information regarding the relocation ofthe existing market. The applicants did not encourage the printing and were not offered a retraction of the incorrect information. . Curtis Beggs, 258870 Highway 101, Sequim noted that the obvious discord between the two farmer's market groups is unfortunate. As a representative of the County's extension agency that works with farmer's groups he has been told that there are times during the peak of a season where farmers have been turned away from the current market location due to space restrictions. The current site is not permanent but is available on a week to week basis. The proposal is an evolution of the existing market use. Planning Commission Minutes June 13, 200/ Page 5 . There being no further speakers, Chair Nutter closed the public hearing. The Commission took a 10 minute break at 9:00 p.m. The meeting reconvened at 9: I 0 p.m. Commissioner Porter opened discussion saying that the farmer's market use is a good social environment and will be a fortunate opportunity for the community as a whole. There was a great deal of discussion concerning the proposal to allow music, Planner Barnes noted that Section 9.26 of the Port Angeles Municipal Code restricts how far music can be heard from a site. Discussion continued in detail regarding what is considered local as relates to vendors and products and petting zoo activities. Commissioner Norton moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions: 1. The approval is for CUP 01-03, as described in the application materials in Exhibit 1, including any amendments as a part of this approval. 2. Products to be sold shall be limited to locally grown plants, food or food products and associated, arts and crafts. Products sold will be limited to Market Membership Guidelines for the Washington State Farmers Market Association, excluding adjacent Idaho and Oregon counties. The use shall not evolve into becoming a flea market or street fair. . 3. Other unassociated retail activities are only allowed on the opening day of the market. 4. Compliance with State and County requirements for handling and sale of food and/or food products is required. 5. Sanitation facilities shall be provided according to State and County health code requirements. Verification to the City that the proposal meets these requirements shall be done prior to opening day of the Market. 6. Any consumption of City electric power or City water, or need for garbage collection shall obtain prior approval from the City and appropriate compensation made. 7. The Market shall not be open on days when the County or City facilities have scheduled events that require use ofthe parking area. The Market Association shall coordinate with the City and County to be informed of these scheduled events, one of which is the Juan de Fuca Festival. . 8. The Market shall provide the City with a certificate of insurance naming the City as an additional insured. 9. Approva] of CUP 01-03 shall be valid for one-year and may be extended by the City Department of Community Development upon the satisfactory review by the Planning . . . Planning Commission Minutes June 13. 2001 Page 6 Commission of the conditions of approval and operation of the Market. 10. Signs advertising the use shall be limited to two signs on the property that do not exceed 6 square feet each in size. In addition, directional signs to the site shall comply with CityfDepartment of Transportation requirements. The only temporary signs allowed shall be those used on Friday evenings on the site to advise users of the parking lot to vacate the area on Saturdays. 11. Appropriate educational outreach to vendors and customers about proper use of off street parking areas, signage and use of public facilities shall be made. 12. Low amplified music is permitted from lOam to 4 pm. Findings: 1. The Port Angeles Farmer's Market submitted a conditional use application on May 7, 2001 which is included as Exhibit 1 to the June 13,2001 Staff Report. 2. The request for a conditional use permit is to allow the operation of a weekly fanner's market where local farmers and artisans can sell their goods to the public. The proposed location is the parking lot of the Clallam County Courthouse at 223 East Fourth Street The market area will be operated in approximately 40 parking spaces. The parking spaces are located at the south side of the parking lot across from the Vem Burton Center. The hours of operation will be 9-4 every Saturday with approximately 1-2 hours of set up and tear down. They propose that 30-40 vendors will participate. The site is considered an interim location until a permanent site can be found. 3. Public health and interest are maintained by addressing environmental health requirements for hand washing and restroom facilities, addressing compatibility with adjacent uses and the integrity of city zones, providing adequate off street parking, and through compliance with local sign code requirements. 4. Farmer's markets are an ideal use in a community and are widely supported. Distinction as to what products may be sold at the proposed Farmer's Market should be made in order to promote local agriculture and avoid the creation of a flea market or street fair situation. Locally grown or produced items that are sold at this Market are limited to those grown or produced within Washington State. 5. The site is the parking lot for the Clallam County Courthouse and Sheriff Department. The main courthouse is closed on Saturdays, except for the sheriffs office and jail which are open on weekends. Often, the county rents its meeting rooms for various events. As the property owner and manager, the County should be responsible for addressing any conflicts with demands on parking at its facility. Access to the County parking lot can be made from both Fourth and Peabody Streets. 6. The subject property includes portions of Block 67, Tay]or Leighton Subdivision. The land Planning Commission Minutes June 13. 2001 Page 7 . 7. . . use designations on the property include Commercial, Medium Density Residential and transitional areas. The zoning districts for the property include Public Buildings and Parks, and Residential, High Density. Adjacent uses include City facilities to the south across Fourth Street, professional offices and open space to the east across Peabody Street, and commercial uses and a trailerfRV park to the north and commercial uses to the west. The County property abuts Peabody Creek ravine to the north. The City and County offices often has events that utilize the Vem Burton complex, or meeting rooms at the Courthouse which requires parking. Major events such as the Juan de Fuca Festival would require that the Farmer's Market not be open on that weekend. There may be other weekends that are in conflict during the year. 8. Lincoln Street is designated as a principal arterial street and Peabody Street is designated as a collector arterial. Fourth Street is a local access street. 9. Clallam County is in the process of negotiating a lease for the parking area which will have requirements and/or restrictions according to the County. The County will require that sanitation facilities be available, or an RV with appropriate facilities and will not allow use of the courthouse restrooms for the proposal. 10. The Comprehensive Plan was reviewed and the following goals and policies are the most relevant to the proposal: Land Use Goals A, D, and E and Policies AI, A2, and D2, Utility and Public Services Goals C, Economic Development Goals A and B, and Policy A2. 11. The purpose ofthe PBP zone is to provide a zone for publicly-owned property, or property not suitable for development due to its topography, geology, or some unusual condition or situation. Farmer's markets are not listed as a permitted or conditional use. Under P AMC 17.40.060, other uses compatible with the intent of the Zoning Code can be allowed. The purpose of the RHD zone is to allow an area for high density residential uses. Farmer's markets are not listed as a permitted or conditional use. Under P AMC 17 .15.040(N), other uses compatible with the intent of the Zoning Code can be allowed. 12. PAMC 17.96.050 specifies the requirements for conditional use permit approvals. 13. Under PAMC 14.40.100, Cooperative Provisions, parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are non-simultaneous. The courthouse currently has 240 parking spaces which the proposed market would encompass up to 40. In addition, the vendors would also need at least 80 spaces (two spaces per vendor), leaving 160 parking spaces for customers at the County facility. As noted in the application, an expected 200 persons would visit the site. Because Fanner's market or similar uses are not mentioned in the Parking Ordinance, under P AMC 14.40.070, unspecified uses shall meet the requirements of similar uses as determined by the Planning Director. The most similar use would be grocery/retail which requires either 1 space per 300 square feet of floor area, or 1 space per 400 square feet. The market area would incorporate approximately 4,800 square feet of the parking lot. At the above parking . . . Planning Commission Minutes June 13, 2001 Page 8 space rates, 12~ 16 parking spaces would be required. In addition, parking area for the vendors are required. As noted, 80 spaces would be necessary for the vendors. Combined, 136 parking spaces would be needed for the proposed use, which are adequately available at the County facility. 14. The SEP A Responsible Official issued a Determination of Non significance on June 1,2001. 15. PAMC 15.20 designates and regulates Peabody Creek and the ravine as environmentally sensitive areas. The proposal should not affect these sensitive areas and no requirements are necessary. 16. Clallam County Department of Community Development provided written comments that are included as Exhibit 2. In discussions with County staff, restrooms/washing facilities may be required within 200 feet ofa farmer's market according to WAC 246-215. 17. The City Police, Public Works-Engineering and Bui]ding Division had no comments or objections to the proposal. The City Parks Department comments are attached as Exhibit 3. 18. Public notice ofthe proposal was made in compliance with P AMC 17.96.140. No written public comments were received within the written comment period timelines. 19. A copy ofthe Washington State Farmers Market Association Membership Guidelines was provided by the applicant. Based on testimony provided, these Guidelines will be adhered to by the applicant. Conclusions: A As conditioned, CUP 01-03 is consistent with the Comprehensive Plan, specifically the goals and policies identified in Finding No.1 O. B. As conditioned, CUP 01-03 is consistent with the purpose and intent of the Zoning Code, specifically the PBP zone. C. As conditioned, CUP 01-03 will maintain the public interest and general welfare. D. As conditioned, CUP 01-03 meets the requirements for approval of a conditional use permit as specified in P AMC 17.96.050. Commissioner Schramm seconded the motion which passed 6-0. It being past 10:00 p.m., Chair Nutter asked if the commission wished to continue with the discussion. Commissioner Porter moved to continue the meeting beyond 10:00 p.m. The motion was seconded by Commissioner Norton and passed 6 - o. . . . Planning Commission Minutes June 13. 2001 Page 9 REZONE APPLICATION - REZ 01-03 - REETZ. 835 East Second Street: Request for a rezone of7,000 square feet of property from RHD, Residential High Density, to CO, Commercial Office. Planner Debra Barnes reviewed the staff report recommending denial of the rezone. Commissioner Schramm indicated that he operates a business in the vicinity and, although he believed he could act fairly on the application, offered to remove himself from the proceedings ifthere was a concern from anyone in the room. No one objected. Chair Nutter opened the public meeting. Commissioner Porter asked Mr. Reetz what his immediate plans would be in development of the property. Mr. Mike Reetz, 603 East Eighth Street answered that he is an insurance broker and would like to develop an office use on the property. He expects a low traffic office use. Commissioner Hewins did not consider the proposal a strip rezone because it is contiguous to heavier commercial uses north across the First/Second alley and across Race Street at this location. Commissioner Craver agreed that the location would probably not be one that would lend itself well to residential development. Following discussion regarding compliance with the Comprehensive Plan Land Use Map and the location on the designated crosstown route, Commissioner Hewins moved to direct staff to revise the findings and conclusions in support of the rezone as proposed and return with the information to the June 27, 2001, Planning Commission regular meeting. The motion was seconded by Commissioner Craver and passed 6-0. COMMUNICATIONS FROM THE PUBLIC None. ST AFF REPORTS Director Collins provided a correction to staff's recommendation to the City Council with regard to the proposed telecommunications ordinances that would specifY a height limitation for towers in commercial and industria] zones. He indicated that at present all tower proposals would require the applicant to also apply for a modification even in commercial and industrial zones because a tower cannot at present exceed the maximum height of the zone (35' maximum). He believed that it was the Commission's intention to set a 60' height limitation on commercia] zones and up to 120' in industrial and public zones but that the standard had gotten lost in the revision process. The Commission concurred with the recommendation. In response to a request for a volunteer to work with the City on developing an animal control ordinance, Commissioner Porter nominated Commissioner Charles Schramm to the committee. The motion was seconded by Commissioner Norton and passed 6 - o. Downtown Planning will be on the Ju]y 25,2001, regular meeting agenda with a presentation by the Port Angeles Downtown Association. . . . Planning Commission Minutes June 13, 2001 Page 10 The City has received the first monitoring report for the Highland Courte use which is an ongoing concern to the neighborhood. The matter will be under consideration at Council's June 18,2001, agenda for discussion only. REPORTS OF COMMISSION MEMBERS Commissioner Schramm noted that deteriorated steel posts are evident at low tide in the area of the Rayonier mill site. The posts may pose a hazard to those using the area who are not aware of the shallowness of the area and the danger of the rusted posts. The post area is unmarked. Staff will check with the City's Parks Department about the concern. ADJOURNMENT The meeting adjourned at 11: 10 p.m. ~~ Brad Collins, Secretary PREPARED BY: S. Roberds · FORTANGELES WAS H I N G TON, U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEAlf;)E SIGN IN Meeting Agenda of: PLEASE NOTE: IE you plan to testify, by signature belowJ u certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE ou to testi - it on acknowIed es our resence. b ~1rO Agenda Item No. . 1- L- / ;L ....,. 8 4, .5~ ? I · ~ORTANGELES WAS H I N G TON, U. s. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLBASE SIGNlN Meeting Agenda of: PLEASE NOTE: IE. you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE au to testi - it on acknowled es our resence. ~ J - - - Agenda Item No. cd- 2- L 2 ?-.. 2- o C ~ . I. ~"..i'",-' . 'O..r .RT'-'PJ.N"G~'.I..E,jLE'S' I '. J,r I ( Jb 1_1. i / ..~)..L. J../.. J I _~' ..I..V _.Y .L~,'_) , ! I , _..__._.1 ._.....1 _.,. WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street June 27, 2001 CALL TO ORDER 7p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of June 13,2001. IV. OLD BUSINESS V. REZONE APPLICATION - REZ 01-03 - REETZ. 835 East Second Street: Request for a rezone of7,000 square feet of property from RHD, Residential High Density, to CO, Commercial Office. (Discussion on findings and conclusions in support of rezone proposal continued from June 13, 2001.) COMMUNICA TIONS FROM THE PUBLIC VI. STAFF REPORTS 1. Proposal to alter buffer around Airport 2. Review and Report on 2001 Capital Facilities Projects VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter PLANNING STAFf: Brad Collins, Planning Director; Debra Barnes, Associate Planner; Sue Roberds, Planning Specialist.