HomeMy WebLinkAboutMinutes 08/12/2009ORTANGELES
W A S H I N G T O N U S A.
IV. PUBLIC HEARING:
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
August 12, 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 22, 2009 and correction to
July 8, 2009 minutes
CONDITIONAL USE PERMIT GATEWAY PLAZA —125 East First
Street: Allow various uses, including community gatherings, festival events,
public markets, private parties, and trade shows to occur in the Gateway Plaza area
on a regular basis.
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 Korcz, Assistant Planner,
CALL TO ORDER
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 12, 2009
6:00 p.m.
Chair Reiss called the meeting to order at 6 p.m.
Members Present: Nancy Powers, Carla Sue, Mike Caudill, Doc Reiss,
Werner Beier, Tim Boyle, John Matthews
Members Absent: None
Staff Present: Scott Johns, Roberta Korcz, Heidi Greenwood,
Sue Roberds, Richard Bonine
Public Present: Tom Callis
APPROVAL OF MINUTES
Commissioner Powers moved to approve the July 8, 2009 minutes as revised by
staff. Commissioner Boyle seconded the motion that passed 6 1 with
Commissioner Beier abstaining due to his absence at the meeting. Chair Reiss
thanked staff for revising the minutes to include elaboration on the discussion had during
the July 8 deliberation with regard to the Hankins rezone application.
Commissioner Beier moved to approve the July 22, 2009 minutes as presented. The
motion was seconded by Commissioner Sue and passed 6 1 with Commissioner
Reiss abstaining due to absence at the meeting.
PUBLIC HEARING:
CONDITIONAL USE PERMIT GATEWAY PLAZA CUP 09 -05
125 East First Street: Allow various uses, including community
gatherings, festival events, public markets, private parties, and trade shows
to occur in the Gateway Plaza area on a regular basis.
Chair Reiss qualified the Commission by reviewing the quasi judicial public hearing
questions regarding appearance of fairness or conflict of interest issues. All
Commissioners responded that there were no issues to divulge. There being no
issues or concerns, he then opened the public hearing.
Associate Planner Scott Johns reviewed staff's report recommending approval of the
conditional use permit with one condition. Commissioners asked general questions
regarding presentation of the information relative to operational policies and fees. Mr
Planning Commission Minutes
August 12, 2009
Page 2
Johns suggested that those questions should be addressed to Deputy Parks and Recreation
Director Bonine who was present in the audience.
In response to a question from Commissioner Matthews, Planner Johns answered that
public parking is available underneath the pavilion area but that parking is public and can
be used only on a first come first served basis. There is no dedicated parking available
anywhere for the pavilion use with the exception of the Police Department office on site.
Commissioners discussed the various uses proposed. weddings, private parties, semi
public events, birthday parties, etc. The site seems a bit open for these uses and
Commissioners asked questions as to whether the site would be cordoned off for events.
Chair Reiss opened the public hearing to discuss issues with the applicant.
Richard Bonine, Deputy Parks and Recreation Director for the City of Port Angeles
responded to Commission questions about available parking and that firm operational
policies and fees had not been adopted. He preferred to wait until he was sure the
conditional use permit would be approved to put final effort into formulation of final
operational policies and procedures and to set fees through the City's Parks and
Recreation Commission. City staff will manage use of the Gateway pavilion under the
oversight of the City's Parks and Recreation Commission, At this time, a fee of $75 per
event is anticipated. Reservations will be first come, first served.
Commissioner Matthews was concerned with the term `private." How private could a
party be in this location? He explained that his interpretation of private means
"exclusive which is bothersome given the public ownership of the site.
Mr Bonine responded that the public portions of the pavilion will remain available to the
public even if an event is occurring: someone who is not a party to a planned event could
still use the public restroom facilities if they are open. Only the pavilion area would be
rentable separately The restroom facilities will be open from 7 -7.30 a.m. to 8.30 9
p.m. daily The facilities will be jointly monitored by Clallam Transit and City staff.
Discussion continued on the impact to parking in introducing a new use in the Downtown
without dedicated parking. Mr. Johns reiterated that there is no dedicated parking for the
use but there is parking available in the area through the PBIA. Commissioner Boyle was
also concerned that use of the pavilion could draw many more people to the area without
providing additional parking.
Mr Johns noted that there are several places to park in the Downtown that are not
immediately in the area of the pavilion but are part of the Downtown complement of
parking. He believed that merchants in the Downtown would love to see a parking
problem caused by a greater number of people drawn to the Downtown for any reason.
Commissioner Boyle was concerned that draft procedures and policies were not available
for review or consideration by the Commission, which is common with other conditional
use permit reviews.
Planning Commission .Minutes
August 12, 2009
Page 3
Mr Bonine again stated that he would first ask for approval then formulate policies and
regulations for the operation. He has drafted policies but they are not final.
Chair Reiss noted that he has worked with the City to use public facilities during Arts In
Action events and it is not an onerous process. The regulations are reasonable and in the
best interest of the public. Regulations address use of whatever public facility is
requested and require that it be left clean and undamaged. He noted that the issue at hand
is the activity and that the finite matters of operation should be left for the Parks and
Recreation Commission to work through with staff.
There being no further testimony, Chair Reiss closed the public hearing. (Mr. Bonine left
the meeting room at this point.)
The Commission continued to discuss the lack of policies and procedures and potential
scenarios of operation amongst themselves. They continued to express question
regarding parking matters in that the pavilion usage can be up to 999 people. They were
concerned about exclusion of public from scheduled events and how that would occur
without incident.
Following significant discussion on these matters, Commissioner Boyle moved to
approve Conditional Use Permit CUP 09 -05 with one condition, citing the following
findings and conclusions in support of that decision:
Condition:
1 It is the responsibility of the Public Works and Utilities Department Parks and
Recreation Division to manage the activities occurring at the Gateway Plaza to
ensure that all policies and rules established for the Gateway Plaza be adhered to
during events.
Findings.
Based on the information provided in the Community Development Staff Report for
CUP 09 -05 dated August 12, 2009, 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 The City of Port Angeles Public Works Utilities Parks and Recreation Division
submitted Conditional Use Permit application CUP 09 -05 to allow community
events, festivals, concerts and other activities at the Gateway Plaza structure in
Downtown Port Angeles on July 27, 2009
2. The Gateway plaza area is a portion of a larger developed public transit center
The proposed uses will be limited to the plaza area and restrooms. The plaza
contains approximately 11,000 gross square feet of area.
3 The transit lanes of the Gateway Transit Center are used six days each week by
Clallam Transit busses and are not included in this permit.
Planning Commission Minutes
August 12, 2009
Page 4
4 The site is zoned Central Business District. Adjacent land use designations are
also Commercial.
5 The proposed site is located at 125 E. Front Street and is located on the northwest
corner of Lincoln Street and Front Street. The site is zoned Central Business
District, CBD
6. The Comprehensive Plan Land Use Map designates the site as Commercial. The
area is also located in the City's Harbor Planning Area. Development in the
vicinity includes expected Downtown development, including commercial
businesses, recreational, and industrial activities along the Port Angeles Harbor
shoreline.
7 The Gateway plaza area includes on site public parking. Fifty three (53) on site
parking spaces are provided in the plaza area as part of the Gateway development
of which 16 are free and 37 are permit spaces. The total Gateway site includes
169 off street parking spaces. Public parking is also provided within the larger
Downtown area through the PBIA at several locations. Event participants and
spectators will be allowed to use the lower level public parking area as it is
available.
8. Activities such as public gatherings, festivals, open air markets, private parties,
and trade shows are not specifically listed as permitted or conditional uses in the
CBD zone, but such activities are expected in typical Downtowns. Generally,
uses that are not permitted outright by the Municipal Code can be allowed by
conditional use if the intended activity meets with the intent and purpose of a
specific zone and fulfills expectations of the Comprehensive Plan. Uses that are
compatible with the intent of the zone may be allowed by conditional use permit
as an "Other uses compatible with the intent of this Chapter (PAMC
17.24 160.(H)).
9 The Gateway public area was cooperatively developed with the intent that it be
used for community functions and activities. The plaza area of the facility is a
City of Port Angeles owned facility that is managed by the City's Parks and
Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are
being developed by the City Those specific policies will govern individual
activities at the plaza and will be adjusted by City personnel should issues arise.
10 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
Planning Commission Minutes
August 12, 2009
Page 5
characteristics of the intended use would defeat the purpose of the City's zoning
regulations.
11 The City's Comprehensive Plan was reviewed for consistency with the proposal
Land Use Element Goal A and Policy A 2, Land Use Element Goal E, Land Use
Element Goal F and Policies F 1 and Objective F 3, Transportation Element
Goal B, and Policy B.14, Utilities and Public Facilities Element Goal B and
Policy B.3, Goal C and Policy C.5, Economic Development Goal A and Policy
A.6 were found to be most relevant to the proposal.
12. 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.
13 Extensions of approved conditional use permits may be granted if the use
complies with the permit conditions and if there have been no significant, adverse
changes in circumstances, or the adverse impacts have been adequately mitigated.
14 Reviewing City Departmental comments were considered in the review of this
application.
15 Notification of the proposed action and conditional use permit application was
placed in the Peninsula Daily News on July 24, 2009 Public notice was mailed to
property owners within 300 feet of the subject property on July 24, 2009 Notice
of the proposed action was posted on the subject site on July 24, 2009 Written
comment was accepted until August 7, 2009 No written comment was received.
16 A Determination of Non Significance was issued for this proposed action on
August 10, 2009
17 The Planning Commission opened a public hearing on the proposal at the August
12, 2009, regular meeting.
Conclusions.
Based on the information provided in the Department of Community
Development Staff Report for CUP 09 -05 dated August 12, 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 E, Land Use Element Goal F and Policies F 1 and Objective F 3,
Transportation Element Goal B, and Policy B 14, Utilities and Public Facilities
Element Goal B and Policy B 3, Goal C and Policy C.5, Economic Development
Goal A and Policy A.6.
2. The proposed use complies with Section 17.24 (CBD Zone) of the Port Angeles
Municipal Code and, as conditioned, the proposal is consistent with development
Planning Commission Minutes
August 12, 2009
Page 6
standards for other uses compatible with the intent of the CBD zone, sub section
17.24 160(H).
3 The proposal is consistent with requirements for approval of a conditional use
permit as specified in PAMC 17.96.050
4 The proposal is consistent with PAMC Chapter 14 40 (Parking Ordinance).
Commissioner Matthews seconded the motion that passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Associate Planner Johns circulated the facade improvement program ordinance adopted
by the City Council on August 5 The facade improvement program provides a grant
opportunity for business improvements in commercial zones City wide.
The final, final version of the American Institute of Architects visit to Port Angeles this
past spring has been received and will be available on the City's web site by the end of
the week.
REPORTS OF COMMISSION
Commissioner Caudill asked if there could be potential conflict between the farmer's
market or other users of the Gateway Transit Center and pavilion area. Planner Johns
noted that final management procedures and policies have yet to be finalized but staff and
the Parks and Recreation Commission will formulate the final procedures and policies
based on established current City facility use policies. He asked how far in advance can
the facility be reserved, and could someone potentially monopolize the site for personal
or business use? Do you pay in advance, or pay as you use?
Attorney Greenwood noted that there is significant case law with regard to use of public
property, and the procedures and policies will be finalized per that case law as is the case
with the use of any City facility
ADJOURNMENT
The meeting adjourned at 7 p.m.
Sue Rober.s, `.ecretary Doc Reiss, Chair
PREPARED BY S. Roberds
PORTANGELES
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