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HomeMy WebLinkAboutMinutes 07/28/2004 o ~ ~ FORTANGELES WAS H [ N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 28, 2004 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of July 14,2004 . IV. PUBLIC HEARINGS: 1. EXTENSION OF CONDITIONAL USE PERMIT - CUP 03-06 - PAFARMER'S MARKET. Saturday Market on Laurel Street: Request for extension of a permit to allow the continued operation of a farmer's market activity in the Central Business District on Saturdays. 2. CONDITIONAL USE PERMIT - CUP 04-06 - NORMANDIN. 543 Whidby: Request for a conditional use permit to establish a duplex in an existing single family residence. (This permit will be continued.) V. COMMUNICATIONS FROM THE PUBLIC VI. ST AFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT . PLANNING COMMISSIONERS: Fred Hewins (Chair),Len Rasmussen (Vice Chair), Chuck Schramm, Fred Norton, Linda Nutter, Bob Philpott, Dylan Honnold PLANNING STAFF: Brad Collins. Director; Scott Jams. Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 28, 2004 6:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Fred Hewins, Chuck Schramm, Leonard Rasmussen, Dylan Honnold, Linda Nutter (arrived at 6:30 p.m.) Members Excused: None Staff Present: Sue Roberds, Scott Johns Public Present: Edna Petersen, Rick Mathis, Terry Roth, J. McClean, Mike McClean, David and Hiltrud Crossley, Anne Hastings Murray, Ernst Schafer, Rudy Hiener, Roy Gotham, Nash Huber, Jim Robinson, Jim Haguewood, ArIa Holzschuh, Kevin Thompson, John Harbick, Dick Sieger, Marline and Michael Lesh, Bill Thomas, Sandra Strafford, Gail W illanson, Kia Kozin, 1. Rene Ewbank, Peter and Jane Vanderhoof, Maria Oren APPROVAL OF MINUTES Commissioner Rasmussen moved to approve the July 14,2004, minutes as presented. The motion was seconded by Commissioner Honnold and passed 6 - o. PUBLIC HEARINGS: Chair Hewins indicated that those who testify must sign the "Sign In" log and affinn that their testimony will be truthful to the best of their knowledge prior to providing testimony during the public hearings. EXTENSION OF CONDITIONAL USE PERMIT - CUP 03-06 - fA FARMER'S MARKET. Saturday Market on Laurel Street: Request for extension of a pennit to allow the continued operation of a fanner's market activity in the Central Business District on Saturdays. Assistant Planner Sue Roberds reviewed staffs report recommending extension of the conditional use permit as requested until May, 2008, with conditions and answered brief questions regarding the proposal. Nash Huber, 230 Simpsoll Road, Sequim, WA represented the PA Farmer's Market Association and stated that the Market is trying to be an active part ofthe Downtown activities and would like to continue the Saturday market in the same location under the existing conditions for the next 4 years. He is aware of the results of the recent Downtown survey which indicated an overall . . . Plnnlling Commission Minutes July 28.2004 p(lge2 good experience for Downtown businesses with Market activities and is also aware that there are some'issues that still need to be worked out for a smooth operation. The Market managers hope to address those issues while looking for a pennanent location/structure, with the help of the Clallam County Economic Development Council, where an expanded Market use can operate. The Market provides local artisans access to the public and to the business community which is necessary if such a use is to thrive. The Market has seen a significant economic increase since moving to the current location with reported 2003 sales reaching $171,000. Commissioner Rasmussen asked whether the Market would be willing to consider an alternate location given the concerns expressed in letters from Downtown business owners who feel that the Saturday Market use has negatively impacted their businesses. Mr. Huber responded that he would like to be able to retain the Market location where it is because it works very well for the Market He stated that approximately 50% ofthe Market vendors are agriculture oriented. In response to Commissioner Philpott, Mr. Huber answered that as a condition of the conditional use pennit approval the alley must remain open and accessible during Market use. He has spoken to most of the business owners who have indicated the Saturday Market is causing a negative impact on their businesses and is aware of their concerns. Dick Sieger, 271 Harmony Lane, PortAngeles, WA lives in the County and noted the names of 15 businesses that benefitted from his recent shopping visit to Downtown Port Angeles that was due to the Market's location. He believes that the Market is a real benefit to other businesses in the Downtown for just such a reason. Ernest Shaefer, 106 North Laurel, Port Angeles, W A explained the advantages that he has experienced as a business owner who operates a photography business at 106 North Laurel alongside the location ofthe Market use. He brings out tables and chairs to entice Market customers to visit his business location and has never heard any complaints from customers that the Market has caused them difficulty in getting to his business establishment At this point, Commissioner Honnold noted for the record that he is an employee of the Clallam County Economic Development Council (EDC) but feels that he can act fairly on the issue. No one from either the audience or the Planning Commission objected to his remaining to deliberate the issue, and so he remained for the meeting. Jim Haguewood, 705 Cristman Place, Port Angeles, WA spoke of the EDC's campaign entitled "Always Buy Clallam", that is intended to help grow the local agriculture industry by assisting local fanners and artisans in providing locations in which to sell their goods that will ultimately strengthen the local economy. New programs often need refinement and a growing period in which to work out issues of concern. He asked that the Market be given additional time to continue to work with business owners in the Downtown and to refine their operation. Terry'Roth, 115 East Railroad AVe1Iue, Port Angeles, WA stated that while the Market use has absolutely no impact on any businesses along Railroad A venue, he is opposed to closing any street in the Downtown for any purpose. The Market does cause some disruption to Downtown businesses, and he believes that there are alternatives that may not have been tried in siting the Market use. Overall the use is positive for the community but needs more work. In response to a question from Commissioner Schramm as to what some of the alternatives may be, Mr. Roth answered that the private parking lot owned by Mr. Darrel Vincent on Laurel Street or the City Pier would be good locations that would not require street closure. Aria Holzschuh, Executive Director of the Port Angeles DowlltowlI Association, 115 Y2 East First Street, Port Angeles, W A submitted and read a letter into the record supporting extension . . . Planning Commissioll Mjn!lt~s July 28. 20Q4 Page 3 ofthe Market use. She stated that it is possible for Downtown businesses to play off the Market use by providing Market specials at their places of business. The Market needs to be located in a consistent location so that customers will know where their favorite vendors are each week. Bringing more people to the Downtown is important to the local economy and the Market does bring people Downtown. At last check, approximately 900 - 1,000 people visit the Market each Market day. Market customers may visit an assortment of other businesses while specifically visiting the Downtown for the Market activity and vendors do their best to direct their customers to others in the Downtown and act as ambassadors of the City with visitors. In response to Commissioner Rasmussen, Ms. Holzschuh addressed questions regarding parking, hours of Market operation, holiday activities, and Market survey questions. Business owners who were surveyed with regard to impacts ofthe Market use on their businesses were those along Laurel Street, extending both east and west of Laurel Street, for a total of approximately 20 businesses. While most businesses surveyed indicated that the Market is a benefit to the Downtown, one half of the businesses on Laurel said that one day a week would be better. The Central Business District is composed of approximately 102 businesses. The Downtown Association will continue to work with Market managers and vendors in addressing specific issues of concern. The Market is working very well overall. Specific issues of concern are not insurmountable. With regard to the complaint noted by a local restaurant owner that Market vendors are using his restroom facilities without permission, Commissioner Philpott asked if a portable restroom service had been considered by Market managers. Commissioner Hewins asked if signage to local public restroom facilities is used. Ms. Holzschuh responded that, while everyone works to upgrade the local public restroom facilities, they are not in good shape and most people prefer not to use them. The placement of a porta potty would be a logistic problem. In response to Commissioner Schramm, Ms. Holzschuh responded that alternate locations in public parking lots are not possible for Market use. The City is not able to donate public parking lots for such an activity to the exclusion of the public. She stated that a shortage of parking in the Downtown is a perceived problem. Commissioner Honnold asked if there is any mechanism for members within the Downtown Association to allow the airing of concerns regarding Downtown businesses. Ms. Holzschuh responded that members are asked to come to meetings where they can speak oftheir concerns and have them addressed by the Board. Those businesses that have a concern with the Market use were invited to attend a meeting - some did come, and some didn't - to work out concerns. She believed that a compromise had been reached in at least one case of the four who are not satisfied with the Market use. Rick Mathis, Harbor Cafe, 102 West Front Street, Port Angeles, W A stated that the closing of Laurel Street for the use is wrong. His business has been turned into the public restroom for the Market use. He stated that his sales data shows that he loses 20% to 40% of his revenue during Market operations and that business picks up following Market closures. He had to recently let a Saturday employee go because Saturday sales have been so slow. While he supports the use, he is in opposition to the closure of Laurel Street for the activity. He presented Laurel Street business owner George Hodgdon, 108 N. Laurel, with 130 signatures of customers who oppose the closure of Laurel Street for the Market use, and reiterated that he is not against the use but that it should be located elsewhere in the Downtown where closure of Laurel Street will not be an issue. In response to Commissioner Nutter, Mr. Mathis responded that better signage and a portable restroom would help. . . . Planning Commission Millutes July 18. 1004 Page 4 Mr. Mathis responded to Commissioner Rasmussen that the City Pier or the Darrel Vincent private parking lot may be good alternative places for the Market use. The Commission took a 10 minute break at 7:30 p.m. The meeting reconvened at 7:40 p.m. Bill Thomas, 473 S. Bagley Creek Road, Port Angeles, WA owns a business on Laurel Street and stated that his Wednesday and Saturday sales during Market activities are better than at any other time. He believes that he gains business from Market activities and is not the least bit bothered by the closure of Laurel Street during the use. If you treat people well, they will stay and buy. Business owners need to play offthe Market more and encourage Market customers to stay in the Downtown longer. Sandra Strafford, 81 Alpille Loop, Sequim, W A is the City Police Department's Downtown Parking Officer. During the past six years that she has worked the Downtown, she has noticed that the Market has significantly added to the Downtown atmosphere and agreed that vendors act as ambassadors for the community. In response to Commissioner Nutter, Ms. Strafford answered that the City Administration doesn't typically like to be too aggressive about issuing parking tickets in the Downtown on weekends so it is difficult to say if more parking abuse occurs on weekends versus any other day. She agreed that better signage is needed to direct people during Market use. Gail WilkillSOIl, 805 East Fifth Street, Port Angeles, WA works at Nature Way on Front Street. She believes that the Market use heavily impacts her Saturday sales such that she has nearly no sales during the Market use. Customers want to park close to where they shop and additional parking congestion caused by the Market negatively impacts her business. She favors the Market use hut does not think that Laurel Street is an appropriate location for such an activity. David Crossley, 539 Herrick Road, Port Angeles, W A is a vendor at the Market and would prefer not to move from the established location on Laurel Street, in fact, he stated, it is difficult to maintain customers when he has to move within the existing location as his customers can't find him and think he's not there. He spends a good deal oftime answering tourist questions about businesses in the area and believes the Market vendors provide a valuable service to the community and its visitors. Anne Hastings Murray, 306 Lopez, Port Angeles, WA loves the Market and believes that it draws not only herself but many others who spend more time in the Downtown than they would if the Market use were not there. As Chair of the Economic Development Council's Agriculture Cluster, she believes that the Market fosters specific projects in agriculture and assists in building sustainable food businesses encouraging people to buy local produce. A Downtown Market specifically helps because, as it is located in the core of the community, it helps to build an awareness of agriculture opportunities in the area and provides a central location where people can gather and communicate. Kia Kozill, 104 Davenltill Lalle, Sequim, WA particularly enjoys being in the Downtown as a vendor because it allows her an opportunity to meet many new people and share her love of the area with visitors and residents in return for use ofthe public street to sell fresh produce items. The Market is a family oriented activity and Market vendors are committed to working with Downtown businesses. Rene Ewballk, 1605 S. Golf Course Road, Port Angeles, WA is a milliner who sells hats and homemade furniture items at the Market. Her income has quadrupled since locating in the Downtown area. She believes that she needs to be in the central location for the exposure such an area provides to her for her business. . . . Planning Commission Minllles Jllly 28, 2004 Page 5 Edna Petersen, 217 N. Laurel, Port AlIgeles, W A is a long time resident and business owner in Port Angeles. She expressed her discomfort at having to address the Planning Commission and Market group with her concerns but stated that she has seen a 25% drop in sales on Saturdays since the Saturday Market use has been located on Laurel Street. Although she favors the Market use in the Downtown, Laurel Street is not an appropriate location. Vendors to the Market and customers park along the sidewalk and in nearby public lots making it difficult for customers to get to other Downtown businesses including her own. A location off the public street would be more appropriate, and she agreed that the private parking lot owned by Darrel Vincent at Laurel/First Street may be a better location for the use. She has reported parking concerns to the City year after year and believes that her concerns are being seen as chronic and are not being addressed. As a long time resident and business owner who takes pride in Port Angeles, she asked that a one year extension be granted rather than the four years requested in an attempt to try to work out some of the continuing issues surrounding the Saturday Market activity, specifically parking, that are of major concern to Downtown businesses. Peter Vanderhooj; 585 Wasallkari Road, Joyce, WA has worked to try to make the Market use a success and believes that the Market can be a vehicle to bring people together. He encouraged vendors and business owners to continue working together for the good of the community before making any big changes in the existing activity. There being no further testimony, Chair Hewins closed the public hearing. In response to Commissioner Rasmussen, Assistant Planner Sue Roberds indicated that use of the City Pier should not be considered a viable alternative location for the Market use because it would involve regular use of the Pier for a private activity which would then prevent a freedom of scheduling for other public activities for which the facility is intended. The Market is not truly a public use and the Pier is maintained for public activities. A more pennanent location where such a use can be established and grow would be more appropriate and is what the Market managers and vendors are looking for. Planner Roberds responded to Commissioner Hewins that, at this time, no charge is made for the Laurel Street right-of-way for the Market use. Commissioner Norton commented that he could not understand why the Market seems to benefit some businesses but not others. He favored a one year extension at this time in order to work out noted issues with the Saturday Market use. Commissioner Nutter noted the testimony and written comment that indicates that long term parking is a problem for neighboring businesses and that ticketing abusers on weekends when the Saturday Market occurs is not a typical function in the Downtown. A portable restroom service may be necessary or much better signage to alleviate the abuse of nearby business restroom facilities by irresponsible Market customers. A time line for conflicts to be worked out within the Downtown Association should be in place, and Market managers must make certain that vendors are organized such that they can quickly set up and tear down their booths to reopen the area for nonnal business use. It is important that market vendors understand that the area is for their use on a specific time line basis and that they not tarry in tear down. She also noted that the City should make an effort to contact business owners when notifying of specific actions such as pennit extensions within the Downtown due to the fact that some property owners do not communicate with the business owners operating on their properties when notices are sent to property owners. She favored a one year extension of the Market use to allow improvement on the issues noted rather than a longer extension at this time. . . . Plnnning Commission Minutes July 28, 2004 Page 6 Commissioner Hewins expressed concern with the closing of a public street particularly when there is no charge for use of the right-of-way. He is against using public resources to allow such a use when it appears to impact private businesses negatively. More work needs to be done to resolve noted issues and to create a more level playing field. Commissioner Schramm noted the difficulty in dealing with the situation because there are no real absolutes as to why there appears to be a drop in business only on Saturdays and only for particular businesses which seemingly are not connected with Market uses. More work needs to be done on why this is happening and what, if anything, will help both the businesses and the Market: parking tickets for vendors who are abusing parking regulations may be a start. If problems haven't been identified and addressed in another year, another location may be needed. Further discussion on the timing ofthe extension request, the length oftime approved for the Wednesday Market, and the need to review testimony provided, ensued following which, Commissioner Norton moved to extend Conditional Use Permit CUP 03-06 for an additional one year period with the following conditions and citing the following findings and conclusions: Conditions: 1. Conditional Use Pennit CUP 03-06 is hereby extended to August, 2005, as long as the operation remains in compliance with all conditions of approval. Products to be sold shall be limited to locally grown plants, food or food products and associated, local arts and crafts. Continued compliance with State and County requirements for the handling and sale of food and/or food products is required including sanitation facility requirements. The consumption of City electric power, water, garbage collection shall be arranged for through the City's Public Works and Utilities Department within a reasonable time period prior to the need for such utilities. The Port Angeles Fanner's Market shall provide the City with a certificate of insurance naming the City as an additional insured for the time period allowed for use. Necessary educational outreach to vendors and customers about proper use of off-street parking areas, signage and use of public facilities shall be made. Street barricades shall be provided by the Port Angeles Farmers Market. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles. A right-of-way use pennit shall be approved by the City's Public Works and Utilities Department prior to use of the City's rights-of-way. The Port Angeles Fanners Market shall submit a parking plan that is acceptable to the Downtown Business AssociationlPBIA in order to continue use of the public right-of-way. Traditional community sponsored events such as Arts n' Action and other Downtown holiday activities shall take precedence over the farmer's market for use of the street. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Finding.s: Based on the infonnation provided in the Planning Division Staff Report for CUP 03-06 dated July 28, 2004, including all infonnation 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: . . . Planning Commission Minlltes July 28. 2004 Pnge 7 1. The Port Angeles Fanner's Market submitted a letter requesting extension of a Saturday market activity on Apri119, 2004. The farmer's market is intended to provide a location where local farmers and artisans can sell their goods to the public. The site is located in the Port Angeles Downtown on Laurel Street between First and Front Streets. A Wednesday market use has been operating on the site for the past two years. The local market has also operated a Saturday activity in the current location since May, 2003. While the Wednesday market use was extended until May, 2008, in 2003, the Saturday market has only operated since 2003, and is now requesting an extension concurrent with the Wednesday activity, that is operated by the same group. P AMC 17.96.050 Extensions of Approved Conditional Use Permits identifies criteria for the extension of approved conditional use pennits. "Extensions of approved conditional use pennits shall be considered in accordance with the same procedures as for the original pennit 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. Public notice ofthe extension proposal was made in compliance with PAM C 17.96 .140 with publication appearing in the Peninsula Daily News on May 30,2004, posted on the site and mailed to property owners within 300 feet of the subject property on May 26, 2004. No written comments were received prior to the public hearing; however, a letter of concern was received on June 24 2004, expressing concerns with the Saturday market use. The Community Development Department was not notified of any opposition regarding operation of the Saturday market during the 2003 season. The SEP A Responsible Official adopted DNS #951 (as DNS #1029) for the continued operation ofthe farmer's market on Saturdays at the Laurel Street location on June 23,2004. Farmer's markets are a community activity and are widely supported. Distinction as to what products may be sold at the proposed fanner's market should be made in order to promote local agriculture and avoid the creation of a flea market or street fair situation. Public health and interest are maintained by addressing environmental health requirements for hand- washing and restroom facilities, by addressing compatibility with adjacent uses or the integrity of the CBD Zone, provision of adequate off-street parking, and through compliance with local sign code requirements. The subject property is identified on the City's Comprehensive Plan and Land Use Map as Commercial and is zoned Central Business District (CBD). The CBD provides a wide flexibility in designating commercial uses. The purpose of the CBD Zone is to strengthen and preserve the area commonly known as the Downtown for major retai 1, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose ofthis zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Fanner's markets are not listed as a pennitted or conditional use in the CBD Zone or any other zone. Under P AMC 17 .24.160.K, other uses compatible with the intent of the Zoning Code can be allowed. 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, and A2, Transportation Policy B16, Economic Development Goals A and B, and Policy AZ. 2. 3. 4. 5. 6. 7. 8. 9. Plnnllillg Commission MinU/es Jill)' 28. 2004 Page 8 . 10. Adjacent uses inc1uderetail stores, office uses, restaurants, banks, apartments, motels, barber shops, and parking. Laurel Street is a local access street that is closed to traffic during market activities. Under P AMC 14.40.1 00, 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. Because fanner's market or similar uses are not mentioned in the Parking Ordinance, under PAMC 14.40.070, unspecified uses shall meet the requirements of similar uses as detennined by the Community Development Director. It has been detennined that 1 O~ 12 parking spaces are required for customers and an additional one parking space for each vendor is required. Parking will be provided by the PBIA. Clallam County Environmental Health Department personnel commented that the subject market vendors are operating in compliance with Health Department standards as of this time. No concerns are anticipated with the management of the market. The City's Police Department had no issues nor did the Public Works and Utilities or Building Division note concerns during the current extension review period. 11. 12. 13. 14. Conclusions: Based on the infonnation provided in the Department Staff Report for CUP 03-06 dated July 28, 2004, including all of the infonnation in the public record file, conunents, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: . A. As conditioned, a fanners market located in the Downtown is consistent with the Comprehensive Plan, specifically the goals and policies identified in Finding No.8 above, and with the City's Zoning and Parking Ordinances, specifically Section 17.24 (CBD) and 14.40 respectively. B. As conditioned, extension ofthe Market activity will continue to serve the general public and remain in the public interest. C. As conditioned, extension of CUP 03-06 meets the requirements for the extension of an approved conditional use pennit as specified in P AMC 17.96.070. Commissioner Philpott seconded the motion which passed 5 - 1 with Commissioner Hewins voting in the negative and Commissioner Nutter abstaining. Commissioner Hewins noted that his negative vote was due to his previous statements regarding use ofthe public right-of- way for the activity in conflict with established businesses. Commissioner Nutter did not vote due to her late arrival to the meeting. CONDITIONAL USE PERMIT - CUP 04-06 - NORMANDIN. 543 Whidby: Request for a conditional use permit to establish a duplex in an existing single family residence. . Assistant Planner Sue Roberds indicated that an issue was revealed during processing of the Nonnandin application that cannot be resolved without further action by the applicant who is currently out ofthe country and who has asked for a continuation of the issue until September, 2004. . Plnnning Commission Mimlles July 28. 2004 Page 9 Chair Hewins opened the public hearing. Commissioner Nutter moved to continue the public hearing to the September 8, 2004, regular meeting. The motion was seconded by Commissioner Schramm and passed unanimously. COMMUNICA TIONS FROM THE PUBLIC None ST AFF REPORTS Associate Planner Scott Johns indicated that work on critical areas and development regulations is beginning and the Commission should expect the bulk ofthis coming Fall's meetings to be on those issues. Assistant Planner Sue Roberds noted that the August 11 th meeting has been cancelled but that several applications are scheduled for the August 25lh meeting at this time. REPORTS OF COMMISSION MEMBERS Commissioner Philpott thanked stafffor the detailed staff report. Commissioners Nutter and Norton noted that an item on the August 25th agenda is within their neighborhood and discussed whether they should attend the meeting at which the item will be discussed. . ADJOURNMENT . The meeting adjourned at 9:30 p.m. (r~2 Fred Hewins, Chair ~ Wa: :' rad Collms, Secretary PREPARED BY: S. Roberds · 120RTAN"GELE- e WAS H I N G TON. U. S. A. PLANNING COMl\1ISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN ... Meeting AgendaondJ"'p<Q{)f' To help us provide an a~curate record of those in offend nce, please sign in. Your signature acknowledges your presence. 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 lows of the State of Washington. Signature below DOES NOT REQUIRE you to testify. ~ORT.ANGELE. e WAS H I N G TON, U. S. A. 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