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HomeMy WebLinkAboutMinutes 07/22/2009P ORT A ELES W A S H I N G T O N U S A. COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 22, 2009 6 p.m. I. CALL TO ORDER Pledge Of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of July 8, 2009 IV. PUBLIC HEARING: CONDITIONAL USE PERMIT CUP 09 -03 COMMUNITY MARKET, 123 East Front Street: Request to permit an outdoor public street market for local growers /farmers, locally owned businesses, crafters, and community organizations to be located in the Clallam Transit bus lane of the Gateway Center one day a week (Sunday V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS John Matthews (Chair), Doc Reiss (Vice Chair);Werner Beier, Mike Caudill, Tim Boyle, Carla Sue, Nancy Powers PLANNING STAFF Nathan West, Director, Sue Roberds, Planning Manager, Scott Johns, Associate Planner, Roberta Korca, Assistant Planner. t MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 22, 2009 6:00 p.m. ROLL CALL Members Present: John Matthews, Werner Beier, Tim Boyle, Nancy Powers, Carla Sue Members Absent: Mike Caudill, Doc Reiss Staff Present: Nathan West, Scott Johns, Heidi Greenwood, Sue Roberds Public Present: Aric Mackey, Jan Harbick, Barbara Frederick In the absence of Chair Reiss, Vice Chair Matthews opened the public meeting at 6:00 p.m. APPROVAL OF MINUTES Following clarification that discussion summarized regarding the Hankins rezone consideration correctly identified the additional property being recommended for rezone, Commissioner Powers moved to approve the July 8, 2009, meeting minutes. The motion was seconded by Commissioner Beier and passed 5 0. PUBLIC HEARING: CONDITIONAL USE PERMIT COMMUNITY MARKET CUP 09 -03 123 East First Street (Clallam Transit Bus Lane). An outdoor community market one day each week (Sunday) from March 1 to November 15 Associate Planner Scott Johns reviewed the Department's report recommending approval of the community market to be located in the Clallam Transit bus lanes until November 15, 2009 He indicated that market organizers have asked to utilize the public restroom facilities located at the adjacent Gateway Pavilion that is operated by the City of Port Angeles. It has also been suggested that the pavilion area could be used for overflow by market vendors. In response to Commissioner Beier, as to how an extension request for the permit activity would be reviewed, Mr Johns responded that the Port Angeles Municipal Code provides that conditional use permits with specified periods of time may be extended following a favorable review indicating that the use has operated as conditioned and without negative impacts. At such time, impacts of a use would be considered as well as any modifications to the activity to either mitigate impacts or authorize changes in operation. Mr Johns responded to Commissioner Beier that the location does not impact the shoreline area. A portion of the site is located in a floodplain, but given the fact that Peabody Creek is culverted in the area, the use does not pose any more impact than any other activity in the Downtown to that floodplain area. t Planning Commission Minutes July 22. 2009 Page 2 There being no more questions from the Commission, Vice Chair Matthews opened the public hearing. Aric Mackey, 1014 Grant Avenue, spoke regarding operation of the proposed community market. He had read the staff report and had nothing to add to the report. He clarified that market hours would be from 8 a.m. to 6 p.m. including set up and break down times. Actual market hours would be advertised as 10 a.m. to 4 p.m. In response to a question from Commissioner Matthews as to the difference between a farmers' market and a community market, Mr Mackey said that the community market will be a combination of typical farmers' market vendors, e.g., growers and hobby vendors, but will also include a broader scope of vendors such as retail business operators who wish to have a more visible location, or those who don't have a business address. Two rows of stations can be accommodated on each side of a main aisle for a total of approximately 50 vendors. A panel of vendors will be appointed to discuss any vendor issues that may arise. Ultimately, a member of the market corporation will decide who will be permitted to participate in the market activity Barbara Frederick, Executive Director of the Port Angeles Downtown Association, 815 South Race Street, wished to express wholehearted support on behalf of the Downtown Association for approval of the market activity Anything that will bring people Downtown to shop is a help, especially on Sunday There being no one else to speak to the matter, Vice Chair Matthews closed the public hearing. Following brief discussion regarding the extension process, Commissioner Boyle moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions: 1 The Community Market shall operate within the Gateway Transit Center, particularly east of the public parking structure to the west of the Gateway bus transit lane. Use of the facility is regulated by the property owner /manager 2. The Community Market shall operate on Sundays only from 8 a.m. to 6 p.m. Operation of the market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies shall be approved by the Department of Community and Economic Development. 3 Approval for the Community Market activity shall be from July 22 to November 15, 2009 Consideration of a continued Market use within the Downtown shall be granted after a more detailed review of the operation's first season, the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process. 4 Vendor vehicles not parking in the transit lanes shall be parked consistent with all parking regulations. 5 Market management shall provide a list of vendors to the City on a monthly basis. Findings: Based on the information provided in the Community Development Staff Report for CUP 09 -03 dated July 22, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and Planning Commission Minutes July 12, 2009 Page 3 the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1 Aric Mackey submitted Conditional Use Permit application CUP 09 -03 to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles on June 24, 2009 The application identifies an intent to operate from 10 a.m. to 4 p.m. on Sundays, between March l and November 15 and includes a list of operation regulations entitled "2009 Rules and Policies" Consideration of the Conditional use permit determination is dependent on the activity operating per the Rules and Policies as submitted. 2. The proposed site, is located between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles at 123 E. Front Street. The site is zoned Central Business District. 3 The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4 The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. 5 Development in the neighborhood includes one and two story commercial and mixed use buildings, parking areas, and public gathering areas. 6. Operation of the Gateway Plaza site east of the proposed site is under separate management, and its use must be approved through a separate process. The Gateway Transit Center and Pavilion are recently completed public transit and public gathering facilities. Specific policies and procedures for use of the areas have not been finalized. The proposed activity is the first use proposed for the transit center other than for typical transit purposes for which the center was originally intended. 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 Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. 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. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E, Transportation Element Policy B.16, Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. Planning Comnussmn Minutes Jule 22, 2009 Page 4 9 An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 10 Reviewing City Departmental comments were considered in the review of this application. Reviewing City departments had no concerns with the proposal. 11 Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on June 26, 2009 and posted on the subject site on July 7, 2009 Public notice was mailed to property owners within 300 feet of the subject property on July 2, 2009 12. A Determination of Non Significance has been issued for this proposal and fulfills the City's responsibilities under the State Environmental Policy Act (SEPA). 13 The Planning Commission opened a public hearing on the proposal at the July 22. 2009, regular meeting. Conclusions. Based on the information provided in the Department of Community Development Staff Report for CUP 09 -03 dated July 22, 2009, 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 As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E, Transportation Element Policy B 16, Economic Development Goal A and Policy A .2, and Economic Development Goal B 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050 Commissioner Beier seconded the motion which passed 5 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West provided an update of Council actions by saying that Council concurred with the recommendation to approve the Hankins rezone request and the CDBG grant application for a facade improvement program was approved. Staff still has not received the final AIA report for the SDAT visit. Hopefully, the report will be ready by end of summer REPORTS OF COMMISSION MEMBERS Commissioner Boyle reported on the latest Port Angeles Forward Committee meeting (7/9/09), and noted that additional economic development informational seminars are being planned as a follow up to seminars held earlier this year. Planning Comnusston Minutes July 22, 2009 Page 5 ADJOURNMENT The meeting adjourned at 6:50 p.m. due Roberds, ecretary J ohn Matthews, Vice Chair PREPARED BY S. Roberds i t I 1 PORTANGELES A 5 H I N G T O N, U 5 A PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN -UP SHEET PLEASE SIGN IN Meeting Agenda of 7,/,,t07 To help us provide an accurate record of those in attendance, please sign in. If you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify. ADDRESS: (blq crirw•+ S f 4-r310Z R (r-7 r I`-e o p qP (02. Agenda Item No.