HomeMy WebLinkAboutAgenda Packet 12/05/2005
~ORTANGELES
WAS H I N G TON, U. S. A.
'-
CITY COUNCIL SPECIAL MEETING
I.
CALL TO ORDER - SPECIAL MEETING:
n. ROLL CALL:
Members Present:
Mayor Headrick
Councilmember Braun
Councilmember Erickson
Councilmember Munro
Councilmember Pittis
Councilmember Rogers
Councilmember Williams
Staff Present:
Manager Madsen
Attorney Bloor
Clerk Upton
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G. Cutler
D. McKeen
T. Riepe
Y. Ziomkowski
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PLEDGE OF ALLEGIANCE:
Led by: (Jf)1 J f\.~~OJ'YV~l.h
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December 5, 2005
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· pORT~GELES
WAS H I N G TON, U. S. A.
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: December 5. 2005
LOCATION: City Council Chambers
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· FORTAN'GELES
WAS H I N G TON. U, 5, A,
CITY COUNCIL SPECIAL MEETING
Attendance Roster
II
DATE OF MEETING: December 5. 2005
LOCATION: City Council Chambers
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pORTAN ELES
WAS H I N G TON, U. S. A.
Quasi Judicial Hearing
Date:
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Hearing On:
Time Public Hearing Opened:
Time Public Hearing Closed:
Procedure:
· Mayor opens the hearing. ,./'
· State the purpose of the hearing. /'
· State the ground rules for the hearing:--
· Identify time limits on speaking. ./
· Ask all speakers to speak into the microphone and give their names and addresses.
· All comments should be addressed to the city council, should be relevant to the
application, and should not be of a personal nature.
· Avoid repetitive comments.
· Unruly behavior, such as booing or hissing or harassing remarks, is prohibited.
· Ask if everybody understands these rules.
Address appearance of fairness issues:
· This hearing should be fair in form and substance as well as appearance. ./
· Does any member of this Council stand to gain or lose any financial
benefit as a result of the outcome of this hearing?
· Can you hear and consider this in a fair and objective manner? .../
· Has any member of this Council engaged in communication outside this
hearing with opponents or proponents on the issue to be heard? .,/
· If so, that member must place on the record the substance of any
such communication so that other interested parties may have the ..,.,."
right at this hearing to rebut the substance of the communication.
.
Does any member of this Council know whether or not their employer has
a financial interest in the area for which this appeal is based, or has an
interest in the outcome of this proceeding?
./"
· Does any member ofthis Council live or own property within 300 feet of .,.../
the area for which this appeal is based?
· Does any member of this Council have any special knowledge about the
substance or the merits of this proceeding which would or could cause the ..,.,.
Council person to prejudge the outcome of this proceeding?
· Is there a member of this Council who believes that he or she cannot sit
and hear this matter fairly and impartially, both as to the respective --
positions of the proponents and the opponents of the requested appeal?
· Is there any member of the audience who because of the "Appearance of __-
Fairness Doctrine" has grounds to disqualify any member of this Council
from hearing this matter?
.
If so, please state the name of the Council person and the reason or
reasons why you believe that Council person should be disqualified
because of the "Appearance of Fairness Doctrine."
"~
· Any member disqualified based on appearance of fairness grounds must leave the hearing
room and must not participate further concerning the application.
After the Council persons have been qualified the Mayor should read the following:
During the pendency of any quasi-judicial proceeding, no member of a decision-making
body may engage in ex parte communications with opponents or proponents with respect
to the proposal which is the subject ofthe proceeding. This prohibition does not preclude
a member of a decision-making body from seeking in a public hearing specific
information or data from such parties relative to the decision if both the request and the
results are a part of the record.
.-/
The Hearing proceeds as follows:
· City Planning staff is allowed adequate time to present a staff report.
· Proponents and Opponents are allowed equal time to present argument.
· Equal time is allowed for rebuttal.
At conclusion of arguments:
· Close the hearing and state what steps are to occur next.
· Deliberations on a quasi-judicial matter can occur following the hearing or at
some other time. Council may find it best to postpone deliberations until members /"
have had time to review the record. Be careful not to delay the deliberations and
eventual decision beyond the statutory time limit.
· It is strongly recommended that the deliberations occur in open session.
However, the Open Public Meetings Act exempts from its coverage that part of a
meeting which relates to quasi-judicial matters.
· If the deliberations are held in an open meeting, comments from the audience
should not be permitted. ---.--- ~
· Deliberations by the council are not considered part of the record for purposes of
judicial review of the decision.
· The vote on the appeals must occur in open session. After the vote is taken, the
city council should direct the staff or legal counsel to prepare findings of fact and
conclusions of law in support of the decision. After preparation of the findings
and conclusions, the council must vote to approve them or to send them back for
,
modification.
· The decision must be based on evidence included in the record and be consistent
with the legal standards that apply to the appeal.
Dated:
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G:\LEGALIForrns\AppearofFaimess 1 0-18-05. wpd
MEMO
LEGAL
DEPARTMENT
William E. Bloor
City Attorney
[4531 ]
Dennis Dickson
Sf. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
RandiFelton
Legal Records Specialist
[4576]
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WAS H I N G TON,
U. S. A.
Date: December 5,2005
To:
City Council
From:
William E. Bloor, City Attorney
Subject:
Farmers' Market Appeal - Summary - Procedure and Criteria
Summary: This provides a summary of information regarding the procedure for the
Farmers' Market CUP appeals and the decision criteria.
General Information:
The Farmers' Market appeal hearing will be conducted on December 5, 2005. Time
allotted: 6 PM to 10 PM that evening.
The appeal is a quasi-judicial proceeding that must be conducted with fairness and
procedural due process.
The hearing is a closed record appeal, based on the record made at the Planning 0
Commission hearing. A record of the Planning Commission hearing has been
furnished to the council. There will be no witnesses or new evidence.
Each party has been given the opportunity, but is not required to, file a brief in support
of its own position and to file a brief in response to a brief of another party.
Each party will have time as set by mayor to present its case to the City Council.
The Council has the right to ask questions at any time.
The role of the City's Plann'ing staff is to represent the decision of the planning
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Memo to City Council, Michael Quinn, Becky Upton
Re Farmers' Marker Appeals
December 5, 2005
Page 2
comnllsslOn. In that role the staffhas the same rights to speak and file briefs as
other parties.
At the conclusion of the arguments, the City Council may begin deliberations, or
may schedule another time for deliberations.
Hearin~ Procedure:
The City Council, and not the appellants, has ultimate control over the procedure of
the hearing. The only caution is that the hearing procedure must satisfy basic
standards of fairness and due process. .
A general outline of the hearing procedure follows:
Mayor calls to order; opens the hearing.
.
State the purpose of the hearing, including a brief description of the
CUP application and the action that the Council may take on the
application.
.
State the ground rules for the hearing;
.
Identify time limits on speaking.
Ask all speakers to speak into the microphone and give their names
and addresses.
.
All comments should be addressed to the city council, should be
relevant to the application, and should not be of a personal nature.
.
Avoid repetitive comments.
.
Unruly behavior, such as booing or hissing or harassing remarks, is
prohibited.
.
Ask if everybody understands these rules.
Address appearance of fairness issues:
The concern is that this hearing be fair in form and substance as well as
appearance.
Memo to City Council, Michael Quinn, Becky Upton
Re Farmers' Marker Appeals
December 5, 2005
Page 3
At this point mayor asks the standard "appearance of fairness" questions.
After the Council persons have been qualified the Mayor should read the following:
During the pendency of any quasi-judicial proceeding, no member of a
decision-making body may engage in ex parte communications with
opponents or proponents with respect to the proposal which is the subject of
the proceeding. This prohibition does not preclude a member of a decision-
making body from seeking in a public hearing specific information or data
from such parties relative to the decision ifboth the request and the results
are a part of the record.
The Hearing proceeds as follows:
. Each of the appellants is allowed equal time to present their argument.
. City Planning staff is allowed equal time to defend the decision of the
Planning Commission.
. Each of the Appellants is allowed equal time for rebuttal.
. City Planning staff is allowed equal time for rebuttal
At conclusion of arguments:
. Close the hearing and state what steps are to occur next regarding the
application.
. Deliberations on a quasi-judicial matter can occur following the
hearing or at some other time.
Generally it is recommended that the deliberations occur in open.
session. However, the Open Public Meetings Act exempts from its
coverage that part of a meeting which relates to quasi-judicial
.. L:i>:\~,,_,.;'!,)'<
Memo to City Council, Michael Quinn, Becky Upton
Re Farmers' Marker Appeals
December 5, 2005
Page 4
matters.
. If the deliberations are held in an open meeting, comments from the
audience should not be permitted.
. Deliberations by the council are not considered part of the record for
purposes of judicial review of the decision.
. The vote on the appeals must occur in open session. After the vote is
taken, the city council should direct the staff or legal counsel to
prepare findings of fact and conclusions of law in support of the
decision. After preparation of the findings and conclusions, the
council must vote to approve them or to send them back for
modification.
. The decision must be based on evidence included in the record and
be consistent with the legal standards that apply to the appeal.
Decision Criteria:
The Planning Commission conducted a full hearing regarding the Conditional Use
Permit (CUP) for the Farmers' Market location on Laurel Street. At the conclusion
of that hearing, the Planning Commission made findings of fact and conclusions of
law and issued its decision. That decision has been appealed to the City Council.
The City Council is acting in a quasi-judicial role, exercising appellate jurisdiction.
The decision to be made by the City Council must be based only on the record made
before the Planning Commission. The City Council will not take testimony or
receive new evidence.
At the conclusion of the hearing before the City Council you will deliberate and
make a decision. In determining whether the decision.ofthe Planning Commission
should be sustained there are two fundamental questions. They are:
(1) are the Planning Commissions' factual findings supported by evidence in
the record; and
(2) did the Planning Commission correctly apply the law.
In this case the governing laws are the City ordinances relating to the issuance of
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To: City Council
Re: Farmers' Market Appeals
Date: December 5, 2005
Page 5
CUPs. The City Council asks whether, in light of the entire record, the Planning
Commission made an error in applying the law to the facts of the case. That is, did
the Planning Commission erroneously interpret the law or erroneously apply the law
to the issuance of the CUP.
As to the factual element, the issue is whether the findings of fact are "clearly
erroneous." The test is not whether the City Council would come to the same
conclusion as the Planning Commission did. Rather, the test is whether the record
contains evidence that supports the findings. Stated otherwise, after reviewing the
entire record, would the City Council conclude that the findings of fact made by the
Planning Commission are clearly erroneous.
The burden of demonstrating the invalidity of the Planning Commissions action is
on the appellants. They have the burden of proof to show either there was an error
of law or that the factual findings of the Planning Commission are clearly
erroneous.
In making your determination, the Council should address separately each error
claimed by an appellant.
In your determination you may:
(1) affirm the action taken by the Planning Commission,
(2) find the Planning Commission has made an error of law return the matter
to the Planning Commission with a direction to take action in accordance
with the applicable law,
(3) set aside the action of the Planning Commission and remand the matter
to the Planning Commission for further proceedings, or
(4) based on the record of the hearing enter an order declaring the rights of
the parties with regard to the CUP.
William E. Bloor
City Attorney
To: City Council
Re: Farmers' Market Appeals
Date: December 5, 2005
Page 6
G:\LEGAL\MEMOS.2005\Council.FarmersMarkel Hearing 120605.wpd
DATE:
To:
FROM:
SUBJECT:
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WAS H I N G TON, U. S. A.
CITY COUNcfL MEMO
December 5, 2005
CITY COUNCIL
Sue Roberds, Planning Manager
Port Angeles Farmers' Market
Appeal of Conditional Use Permit Extension - CUP 03-06
Summary: On November 9, 2005, the Planning Commission approved a three-year extension
of a conditional use permit that allows a Saturday farmers' market activity to be conducted within
the City's right-of-way on Laurel Street between Front and First Streets. Appeals of the Planning'
Commission's decision were filed on November 10 and November 16,2005, on behalf of several
business and property owners. The Port Angeles Municipal Code requires that appeals of decisions
of the Planning Commission shall be considered by the City Council at a public meeting and shall
be based on the established public record. Subsequently, the City Council determined that the
appeals would be heard at a special meeting on December 5, 2005. The City Council must decide
two issues: (1) Did the Planning Commission act legally; and (2) Did the Planning Commission act
factually.
Recommendation: If the City Council decides to deny the appeal and uphold the Planning
Commission's decision, the Planning Commission's findings and conclusions, included in
Attachment B to this memo as part of the minutes, should be cited in support of the action. If,
however, Council decides to uphold the appeal and deny the extension, the findings and conclusions
identified in Attachment C may be cited in support of the action.
Back2round / Analysis: On November 9, 2005, staff submitted a recommendation to the
Planning Commission to deny the extension of the Saturday Farmers' Market Conditional Use
Permit CUP 03-06 in Laurel Street based on the conclusion that other sites are available within the
Downtown to accommodate the market activity that had earlier been thought tobe unavailable. With
this new conclusion, staff did not believe it is in the public interest to allow the location of the
market to continue to be within a main right-of-way which was the only real issue of contention
regarding the activity in the Downtown. However, following considerable debate on the issue, the
Planning Commission voted (3-2) to allow extension of the activity in the City right-of-way for an
additional three year period with conditions. An excerpt of the Commission's minutes is attached
for your review along with the staff report and background information.
A Determination of Non significance (DNS) was issued on November 7,2005, regarding the
continued activity in the Downtown area. That DNS was not appealed. Location and traffic issues
were the main items of review in making that determination.
City Council Memo - December 5. 2005
Farmers 'Market appeal
Page 2
Several issues were noted in the appeal statements. However, there are only two main issues
of appeal - procedure (legal) and alternative sites (factual). With regard to the issue of procedure,
whether consideration is for an extension of a conditional use permit or for a new application, the
process remains exactly the same. The same posting, publication, mailing, and hearing processes
are followed. The procedure was not flawed.
With regard to the factual issue, the appellants' assertion is that the Planning Commission
failed to consider the availability of alternative locations and therefore did not act on the facts. When
considering an extension or a new permit, the difference is the analysis as to whether an activity
remains in compliance with the original conditions of approval and should be extended, or if
significant adverse changes are identified. that would require an amendment or even denial of a
permit. Staffs analysis identified that, although the original conditions of approval were complied
with, a significant change in circumstances occurred by the identification of potential alternative sites
for the activity. Discussion since original approval of the activity has been that if another site
becomes available, the market activity would relocate. The record shows that Market management
was consistently directed to report on its efforts to find another location for permanent use. On this
issue then, although the Planning Commission did discuss the new information, i.e., availability of
alternative sites, the appellants claim that the Planning Commission did not act on the facts.
The staffs analysis and recommendation along with communications from the public and
the Planning Commission's adopted November 9,2005, minutes constitute the public record and are
included with this memorandum for your information. Subsequent letters of appeal are included as
well. At this point, Council must decide whether the issues of appeal are valid and, if so, would then
decide whether modification or reversal of the Planning Commission's decision is in order, or
whether the issues of appeal are not valid, in which case Council should concur with the Planning
Commission's action. In either case, findings and conclusions must be adopted in support of
Council's action. Any appeal ofthis action would be to Superior Court.
Attachments: A - Letters of appeal
B - Planning Commission's 11/9/05 Minutes, conditions, findings, and conclusions
C - Staff report, findings, and conclusions, and attachments
T:\FORMS\Councilmemoannersmarketappeal. wpd
ATTACHMENT A
Miller & Shea, P. S.
A PROFESSIONAL SERVICES CORPORATiON
ATIORNEYS AT LAW
Christopher O. Shea
Craig L. Miller
November 10,2005
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I NaV t 0 2005-1
CITY OF PORT ANGELES
Dept. of Community Development
Port Angeles Planning Department
CITY OF PORT ANGELES
P. O. Box 1150
Port Angeles, W A 98362
R.E: ApPEAL OF NOVEMBER 9, 2005 -
ACTION OF PLANNING COMMISSION/CUP 03-06
Dear Planning Department:
pursuant to P AMC 17.96.070, the below-named persons hereby appeal the action of the
Port Angeles Planning Commission of November 9, 2005 in "extending" Conditional Use
Permit 03-06 for an additional period of one year.
Although the appeal ordinance does not require any statement of reasons for an appeal,
you have requested some indication of the appellants' position in this regard. There are,
quite literally, almost too many errors in the manner in which the planning commission
proceeded to discuss.
The basis for this appeal includes, but is not limited to, the following:
1. CUP 03-06, as extended on July 28, 2004, expired not later than
November 1, 2005. The Planning Commission was without legal
authority or jurisdiction to "extend" the permit.
2. The hearing procedure adopted by the chair violated the due process rights
of persons who chose to speak through their attorney and were not
permitted to do so. As a matter of law, an attorney may speak in his
clients' stead.
3 The Planning Commission adopted, against the advice of staff, an
incorrect standard by which to judge whether to approve the permit.
Instead of using the standard for issuance on new appeals, the Planning .
Commission addressed only matters related to an "extension".
4. The Planning Commission made no findings or conclusions in regard to
whether the applicant's use was or could be made compatible with the
uses of those adjoining property owners and tenants who objected to the
proposed use.
5. The Planning Commission ignored specific and unrequited testimony of a
direct adverse impact upon adjoining property owners and tenants.
711 East Front Street, Suite A . Port Angeles, WA 98362
(360) 457-3349 . (360) 457-3379 Fax
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Port Angeles Planning Depa...rtment
November 10, 2005
Page 2
6. The Planning Commission failed to consider the effect of the existence of
alternative locations on whether the adverse impacts of the proposal. could
be mitigated.
This appeal is filed on behalf of the following persons:
J. Anthony Hoare (owner of21? Laurel and 111lh Front Street properties)
2003 Western Avenue, Ste. 500
Seattle, WA 98121
D. G. "Jerry" Hendricks
1024 West Sixth Street
Port Angeles, W A 98363
(owner of 105 East First Street property)
Diane Halsey
912 West Fourth Street
Port Angeles, W A 98362
(owner of Morse Building)
Robert McCrorie, Sr.
(owner of McCrorie' s Home Furnishings property and
business)
124 East First Street
Port Angeles, W A 98362
Edna Peterson (owner of Necessities and Temptations!)
217 North Laurel Street
Port Angeles, W A 98362
Bonita Melville (owner of Diamond Gallery)
101 West First Street
Port Angeles, W A 98362
Roy and Mary Gotham (owners of Toggery)
105 East First Street
Port Angeles, W A 98362
Very truly yours,
MILLER & SHEA, P .S.
~~
C Ig L. Miller
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NOV t 6 2005
November 16, 2005
CITY OF PORT ANGELES
L DeaL of Community Development
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\U U NaY ~ 2005' i
I CITY OF PORT AN"ElES
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City of Port Angeles'Planning Department
Sue Roberds, Planning Manager
P.O. Box 1150
Port Angeles, W A 98362
RE: Appeal of November 9, 2005 Action ofthe Planning Commission/CUP 03-06
Dear Sue,
Pursuant to P AMC 17.96.070, I hereby appeal the action of the Port Angeles
Planning Commission in extending Conditional Use Permit 03-06 for an additional
period of three years.
Although the appeal ordinance d~es not require any statement of reasons for an
, appeal, I will offer some indication of my position in this regard. I will say however, that
there are so many procedural and technical errors that the filing of my appeal may'
include but is not limited to the following reasons:
1. CUP 03-06 as extended on July 28,2004, expired on May 14, 2005. No request for
an extension was filed, as required P AMC 17.96.070E, prior to that expiration date. It
is improper to process a request for an extension to an expired permit.
2. The environmental determination supporting the processing of CUP 03-06 was
inadequate and could not have possibly addressed the provisions of SEP A Rules and
Procedures and still arrive at a DNS with no comment period.
3. CUP 03-06 was reviewed by staff as a new application according to planning staff.
However, the Planning Commission proceeded to grant an "extension" to an expired
permit.
4. No Findings or Conclusions were made in regard to mitigation measures to address
negative impacts regardless of specific testimony by adjacent merchants and
landown:", of meas~e adverse ~pacts resulting from the closure of Laurel street
". p .
W: regards,
lie Anna Gardiner, President (owner)
Mclean's Shoes, Inc.
109 East First Street
Port Angeles, W A 98362
CUP 03-06 November 9 Appeal - J. Gardiner
1
Cc: Craig Miller
Miller & Shea
711 E Front Street, Ste. A
Port Angeles, Wa 98362
Megan Jones, President
Port Angeles Farmers Market
525 East 10th Street
Port Angeles, Wa 98362
Port Angeles City Council
Mayor Richard Hedrick
P.O. Box 1150
Port Angeles, Wa 98362
CUP 03-06 November 9 Appeal- J. Gardiner
2
A TT ACHMENT B
Planning Commission Minutes
November 9. 2005
Page 5
EXTENSION of Conditional Use Permit - CUP 03-06 - Saturday P A Farmers
Market: Continuation of farnlers market activity on Laurel Street between Front and
First Streets.
Chair Pro Tern Snyder noted that, due to the number of people who wished to testify
. regarding the Market permit, specific rules of procedure would be followed. Each speaker would
be allowed 5 minutes with 10 minutes for group speakers.
Larry Leonard, 1030 Olympus Avenue, stated that all members of the Planning
Commission should recuse themselves due to the amount of infornlation that they have heard
regarding the issue at hand.
Craig Ritchie, 212 East Fifth Street, represented the applicants and noted that since the
hearing would be based solely on the record to be created, he didnot object to any of the
Commissioners remaining for the proceeding under the State's Appearance of Fairness Doctrine.
City Manager Mark Madsen added that prior information may not be considered during
the public hearing. The previous public hearing was invalidated, and therefore it is as if it never
happened. The Commissioners will act solely upon the record being created, and will all be
acting on the same information so there is no appearance of fairness issue.
The Commissioners then individually stated that they would be acting on the record being
created.
Planning Manager Sue Roberds presented the Department Report and responded to
questions from the Commission regarding parking lot activities. She noted that the Port Angeles
Municipal Code allows for parking lot activities to take place in any business parking area of the
City for a period not to exceed 30 days in a calendar year under certain conditions. Ms. Roberds
agreed that the Saturday Farmers' Market activity could operate on such a property for up to 30
weeks since the activity is once a week. Ms. Roberds indicated that the use of a business parking
lot area for more than 30 days in a calendar year could be permitted through a conditional use
permit approval. It was agreed that a conditional use permit process for an alternate site may
result in the same type of lengthy, controversial process that has occurred for the current site.
Planning Manager Roberds noted that the issue at hand is strictly site specific.
In response to Commissioner Wharton, Planning Manager Roberds explained the
difference between conditional use permits that contain specific time requirements as opposed to
those that become permanent
Following continued questions regarding staffs recommendation and analysis, Chair Pro
Tern Snyder opened the public hearing.
Craig Ritchie, 212 East Fifth Street, represented the Farmers' Market. Mr. Ritchie
stated that there had been no change in circumstances since the original approval of the Market
location which is necessary to approve an extension of the activity. As a for profit business
enterprise, the Market needs permanency. The issue is whether a Market is desired in the
Downtown or not.
PeterVanderboof, 585 Wasankari Road, Port Angeles, W A 98363 read a letter which
he then submitted for the record. He specifically objected to fmdings #8 and #20 in staffs
recommendation of denial. Mr. Vanderhoof stated that the Market management has exhaustively
sought alternative sites within the Downtown, attended meetings regarding a permanent Market
site, and consulted with Market experts as to components needed for a successful Market to no
avail. Obstacles in each case were numerous and, at that time, the use of business parking areas
Planning Commission Minutes
November 9. 2005
Page 6
. was not permitted. In response to Commissioner Kalish, Mr. Vanderhoof stated that the Market
is amenable to continuing its search for a permanent site within the Downtown and will move
when such a site becomes available.
Craig Miller, 711 East Front Street, represented four property owners and four
businesses within the Downtown who object to the Market use remaining in its present location
on Laurel Street. Mr. Miller stated that the use is in conflict with surrounding activities as it
obstructs the well established traffic flow and can no longer be considered temporary. As other
locations have now been identified for the Market use within the Downtown area, the activity
should not be permitted to continue to occupy the City street to the detriment of established
businesses. Chair Pro Tern Snyder reminded Mr. Miller of his time limit to speak. Mr. Miller
objected to not being allowed to speak further and wanted the fact noted for the record. (Editor's
note: It was later noted that the Chair Pro Tern did not realize that Mr. Miller was speaking for
his clients, and his clients did. speak independently later on the meeting.)
Don Bettger, 114 East First Street, has been in business in Port Angeles for many years
and testified to the fact that clients and customers will find you if they seek your product.
Established businesses that have provided a base for the Downtown shopping area depend on an
established traffic pattern. It is simply not tolerable to close that established traffic pattern 52
days a year in order to accommodate a temporary use.
Jerry Hendricks, 105 East First Street, noted that access is extremely important for the
success of any business. The initial street location for the Market was to be a temporary location
until a permanent site could be found in a timely manner. The continued disruption to
established parking and circulation patterns is unacceptable and poses a serious problem to
occupants of his building (situated east of Laurel Street). He predicted occupancy issues ifuse of
the right-of-way on a regular basis is allowed to continue.
Mary Gotham, 105 East First Street, objects only to the continued use of Laurel Street
for the Market use. The Market has grown tremendously in the three years that it has operated in
the right-of-way location and it is good to see more people in the Downtown partially due to the
Market activity. Saturday is the biggest shopping day of the week for local merchants. The
Market has been allowed to occupy a prime location in the Downtown for little to no rent and
houses for profit vendors who restrict access to established businesses by their location in the
street on a regular basis, 52 weeks a year, for the past three years. Enough is enough. The
activity is no longer temporary and is detrimental to other businesses as it obstructs an
established traffic flow including freight delivery and pick up patterns and restricts customer
parking. Customers have told her that it s "a pain in the neck" to shop around the Market
activity. She strongly believes that the current location is very detrimental to her established
business.
Catherine Schwarzbocker, 106Bast First Street, encouraged extension of the permit in
the right-of-way location as a public use. She encouraged the Planning Commission to think
about the good of the entire community in its action.
Larry Leonard, 1030 Olympus Avenue, reminded the Commissioners that the original
approval was based on the use being temporary. When the use was originally granted, negative
impacts had not been identified as they now have.
S. Taylor Jennings, 105 East Front Street, stated, as a small business owner, that all
business owners work very hard and should work together to be successful. She did not
understand why people could not deal with minor disruptions of an established traffic pattern in
the best interest of the entire community.
Planning Commission Minules
November 9. 2005
Page 7
Mel Kossen, 221 Whidbey Avenue, stated that, ifit wasn't for the Market use in the
Downtown, there would be a great deal less business in the Downtown. He provided written
materials regarding advantages to Downtown areas that are realized by market uses. In response
to Commissioner Kalish, Mr. Kossen responded that the Laurel Street location is needed because
it draws people to the center of the Downtown.
Karl Baymore, 136 Southridge Road, Port Angeles identified the Laurel Street location
as being ideally suited for a Market activity as it draws people to the area. In response to
Commissioner Kalish, Mr. Bayrnore stated that Laurel Street is the keystone to the Downtown
and is best suited for a Market activity and businesses.
Coleman Burns, 146 Thompson, Port Angeles spends more money in Port Angeles
because of the Market use. He did not believe that the location is negatively disruptive to
Downtown businesses.
Catherine Cown, 220 South Oak Street, supports Laurel Street as a permanent location
for the Market use. Farmers need to have a permanent location to sell what they grow.
Ernst Schaefer, 120 North Laurel Street, supported Laurel Street for the Market use as it
greatly benefits his business that is located on Laurel Street. In response to Commissioner
Kalish, Mr. Schaefer responded that the Market use needs to be in Laurel Street because Laurel
Street is the heart of the Downtown.
Jennie Baymore, 136 Southridge Road, Port Angeles has never experienced a parking
problem with the Market location. Anytime a business relocates it is detrimental to the business.
Wherever the farmers go, she will follow. She encouraged the Commission to allow Laurel
Street to be a permanent location for the activity to continue to bring shoppers Downtown.
Mark Rollison, identified surrounding uses in the area of Laurel Street using a display
board and encouraged support for the Market use on Laurel Street.
Kate McDermott, 909 West 1hStreet, trys to find ways to support Port Angeles rather
than other shopping areas. She is ableto accomplish this by the Market location on Laurel Street
because it is the hub of the Downtown.
J. Anthony Hoare, 2873 East Beach Road, Port Angeles strongly opposes the Market
being permitted to remain in Laurel Street at this point. Business owners have made huge
investments in Downtown properties because of the prime commercial location inthe center of
town with easy access, continual traffic flow, and good visibility. These businesses depend on
Laurel Street remaining a thoroughfare. The issue is why should the Market be allowed to
continue to locate in Laurel Street? Why can't the use be located outside of a public
thoroughfare to a permanent site? He is not against farmers. Farmers are exceptionally hard
working people. He is objecting only to the continued use of a public right-of-way for the
conduct of such a use when other properties are now available in the Downtown area. The use
should be moved to an appropriate location at this point.
Beth Loverage, 140 Erving Jacobs Road, Port Angeles, noted that it seems everyone is
in agreement that the Market is good for the Downtown and want to make the activity work. She
urged that the location be approved in order to work toward a permanent solution.
Lindi Lumens, 120 West pI Street, has never heard Market customers say they would not
follow vendors wherever they might need to go to operate. She compared her store sales figures
on Market days for the past three years and has found that on Saturdays, the best shopping day of
the week, her business has consistently been down. This past weekend when the Market did not
operate in the street, her sales were up 83% over what they have been experiencing all year.
Planning Commission Minutes
November 9. 2005
Page 8
Bob Lumens, 120 West pI Street, read a letter from Bob McCrorie, McCrorie Home
Furnishings, who had to leave the meeting for health reasons. Mr. McCrorie is opposed to the
continued use of Laurel Street for a Saturday Market activity. The right-of-way needs to remain
open for the Downtown to be successful. Historically, forty percent (40%) of all retail activity
takes place on Saturdays. Only one half of that activity is realized when the Market is
operational on Saturday. Travel through the alley is confusing at best when the street is blocked
for the Market use. He urged the Market to locate to another location that is less important to
Dowritown businesses.
Katherine Nugent, 202 Canon Ball Road, Port Angeles, works at the Country Aire store
on First Street. The Market activity has increased their business, and she is in favor of its
continued location in Laurel Street.
Anne Murray, 306 Lopez Street, represented the Clallam Networks Economic
Development Council's Agriculture Cluster. Ms. Murray applauded the efforts of the farmers'
market in establishing its base in the Downtown and noted that oftentimes cities take the lead in
locating a permanent location for such uses.
Diane Markley, P.O. Box 2835, Port Angeles, stated that the continued closure of Laurel
Street is a major detriment to 11 of the 13 tenants in a building that she owns on Laurel Street.
Access to the building is not readily accessible from Laurel Street during Market activities since
the main entrance is on Laurel Street. She purchased the building because of its location and
made significant improvement to the structure to enhance the Downtown business district. She
made the investment because Laurel Street is a major thoroughfare and would provide excellent
visibility for tenants of the building. She has been patient and has worked around the Market for
the past three years because the site was to be temporary, but is strongly opposed to the continued
closure of the street for the Market activity. It is time for the Market to fmd its own permanent
location.
Kim Saeger, 511 East 11th Street, shops at the Market regularly. Many cites have dealt
with the permanent closure of public streets to create a centralized shopping area. It's not that
uncommon.
Jane Vanderhoof, 585 Wasankari Road, Port Angeles is a farm vendor. She would
rather locate at the County Courthouse than to continue to work under the negativity caused by
the current Downtown site. She is trying to accommodate Downtown business operators who
have asked the Market to stay in the Downtown but doesn't feel that the farmer vendors in the
Market actually need the Downtown location to be successful as their customers will follow them
wherever they locate. The craft vendors are another story and she would like to support their
desire to stay Downtown.
In response to Commissioner Kalish, Mrs. Vanderhoof said that the Market needs some sense of
permanency to grow, particularly the crafters.
Oscar Hammer said that the Market needs to remain in the heart of the Downtown or not
at all. The Market location helps the Downtown and merchants and shoppers need to adapt to
beneficial change.
Nash Huber, 230 Simpson Road, Sequim, WA reminded those present that the Market
was invited to the Downtown by the Port Angeles Downtown Association (P ADA). Vendors
have worked very hard to grow the Market activity in the Downtown for the benefit of the entire
community. The Laurel Street location works because it is located in the center of the shopping
area and brings more customers to the Downtown which benefits all Downtown businesses. If
Planning Commission Minutes
November 9. 2005
Page 9
the City wants to continue to work with the Market, the Market is happy to do whatever it takes
to make the activity work as well.
Stewart Miller suggested that what may be needed for the Downtown is a new
circulation pattern that will encourage people to remain longer in the Downtown instead of the
drive in drive out atmosphere that now exists.
Elissa Arnheim, 214 East 11th Street, supports the Market location in the street.
Redirecting traffic is actually a good thing because it requires visitors to travel to other areas of
the Downtown that they might not ordinarily visit.
Ed Chadd, 307 West 6th Street, rarely shopped Downtown prior to the Market activity
but now visits the area because of the Market location. His elderly parents walk around the
Downtown when they visit the Market. He does not believe that it would be beneficial to the
Downtown if the Market leaves.
Steven Fradkin, 511 East 1P" Street, agreed that the Downtown location is good for
everyone and parking is not a problem.
There being no additional testimony, Chair Pro Tern Snyder closed the public hearing at
9:27 p.m.
Commissioner Kalish began discussion by stating that the only issue of concern is
whether to continue to close Laurel Street for the Market use or move the Market location.
Commissioner Matthews stated that it appears Market customers are very loyal and will
follow the Market wherever it goes. The Market will succeed wherever it goes. The question is
whether it should be allowed to remain in the street when there are now other locations that
weren't previously available. The Downtown will do business as it has historically done and
although there may be an impact, the Downtown and the City will survive if the Market is not
located in the Downtown.
Commissioner Johnson was very disappointed at the apparent crossroads that has been
reached regarding the activity. He was concerned that an activity that so many people seem in
favor of has divided the community in its loyalties.
Manager Madsen said that there are organizational issues and potential projects in the
works not for public review at this point that may affect the issue. Timing of this issue is
unfortunate.
Commissioner Wharton was disturbed by the turmoil that has resulted regarding the
Market location and thought that ifthe use were to relocate to its previous location at the County
Courthouse parking lot, it may provide an opportunity for the players to work out some of the
issues that would allow the activity to return to the Downtown in a beneficial location, or grow at
the Courthouse.
Commissioner Snyder added that the use is good for the Downtown and good for the
community as a whole.
Commissioner Johnson hoped that the proposal to locate a Market in the Downtown
could be reviewed further and that the Market may be better off locating at the Courthouse for
the present time.
Following continued discussion, Commissioner Kalish moved to approve extension of
the conditional use permit in its current location for an additional three years to May 15,
2008. Commissioner Wharton seconded the motion. Commissioner Kalish asked stafffor
assistance in drafting appropriate conditions, findings, and conclusions, and Chair Pro Tem
Snyder called for a 15 minute break to accomplish the task at 10:15 p.m.
Planning Commission Minutes
November 9. 2005
Page 10
The meeting reconvened at 10:45 p.m. It was noted that some Commission members had
spoken with members of the audience during the break. Chair Snyder asked Commission
members to reveal to the audience the subject of any conversations that may have occurred with
members of the audience during the break
Commissioner Matthews noted that he spoke with Denise Brennan, a Market vendor,
regarding coffee and his work at the U.S. Post Office. Commissioner Wharton spoke with Fire
Marshall Dubuc about public safety issues that were brought up in staff report regarding the
Market and to ArIa Holzchuh about changes in City staff but not about Market issues.
Commissioner Snyder spoke to someone regarding that a recess was called in order to allow staff
to consolidate the information provided regarding revised conditions, findings, and conclusions.
Commissioners Kalish and Johnson did not speak to anyone during the break.
Following review of the revised conditions, findings, and conclusions, as directed by the
Commission, the following conditions, findings, and conclusions were accepted by the
maker of the motion and the second:
Conditions:
1. Conditional Use Permit CUP 03-06 is hereby extended to May 15, 2008, as long as the
operation remains in compliance with all conditions of approval.
2. Products to be sold shall be strictly limited to locally grown plants, food or food products
and associated, local arts and crafts, in compliance with the rules of the Washington State
Farmers' Market Association.
3. Continued compliance with State and County requirements for the handling and sale of
food and/or food products is required including sanitation facility requirements.
4. The consumption of City electric power, water, garbage collection shall be arranged for
through the City's Public Works and Utilities Department within areasonable time period
prior to the need for such utilities.
5. The Port Angeles Farmer'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.
6. Necessary educational outreach to vendors and customers about proper use of off-street
parking areas, signage, and use of public facilities shall be made. Signage shall direct
patrons and vendors to the public restroom facilities. The Market Manager has identified
allocated parking areas and has stated that all vendors are specifically directed as to where
they must park. A letter from the Downtown Association (attached) indicates that 25
parking permits are available for vendor use.
7. Street barricades shall be provided by the Port Angeles Farmers Market. The Market
Manager is in charge of the barricades which have been issued by the City. Several site
visits over the year have indicated that the barricades are being used and stored properly.
8. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles.
This condition has consistently been met.
<-'t
Planning Commission Minutes
November 9. 2005
Page 11
9. A right-of-way use permit shall be approved by the City's Public Works and Utilities
Department prior to use of the City's rights-of-way.
10. The Port Angeles Farmers Market shall submit a parking plan that is acceptable to the
Downtown Business Association/PBlA in order to continue use of the public right-of-
way.
11. Traditional community sponsored events such as Arts n' Action and other Downtown
holiday activities shall take precedence over the farmer's market for use ofthe street.
12. The Market shall present evidence within 18 months oftrus approval of working with the
Clallam County Economic Development Council's Agriculture Cluster and City staff to
arrive at a permanent Downtown location for the farmers' market.
13. The conditional use permit to operate the farmers' market on Laurel Street on Saturdays
shall not be further extended unless there is sufficient evidence that progress had been
made toward finding an alternate location.
Findings:
Based on the information provided in the Planning Division Staff Report for extension of
CUP 03-06 dated November 9,2005, including all information in the public record file, written
comments, and testimony presented during the public hearing, the Planning
1. The Port Angeles Farmers' Market submitted an extension request to continue the
Saturday Market activity (CUP 03-06) on July 18, 2005.
2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that
"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 provided that the following minimum criteria are met: (1.) The use
complies with the permit conditions; and (2.) There have been no significant, adverse
changes in circumstances. Upon written request for an extension submitted to the
Planning Department prior to the expiration of the conditional use permit, said
conditional use permit shall be automatically extended for ninety days to allow the City
adequate time to review the extension request."
3. Farmers' Markets are intended to provide a location where local farmers and artisans can
sell their goods to the public and are widely accepted as an activity that can eDhance a
commercial area.
4. The subject Market site is located in the Port Angeles Downtown on Laurel Street
between First and Front Streets. The Saturday Market activity has operated on the site
since 2003. Yearly extensions have been approved in order to allow time for Market
management and local business operators to work through specific issues regarding a
permanent Market location, parking, and signage.
Planning Commission Minutes
November 9, 2005
Pagel2
5. Individual stands are approximately 10' by 10' and 12' in height and currently occupy the
Laurel Street right-of-way between Front and First Streets that is approximately 12,000
square feet in area.
6. Public notice of the extension proposal was made in compliance with PAMC 17.96.140
with publication appearing in the Peninsula Daily News on July 22,2005, posted on the
site on July 19, 2005, and mailed to property owners within 300 feet of the subject
property on July 22,2005. On October 20,2005, the site was again posted for a new
public hearing to be conducted on November 9,2005. Public notice again appeared in the
Peninsula Daily News on October 21,2005, with public notices re mailed to surrounding
property owners and known parties of record on October 20,2005. Written public
comment was received and was considered in staffs recommendation.
7. Written public comment received during the posting/public comment period indicated
strong support for a Market use in the Downtown and only objected to use 6fthe right-of-
way for the activity. Some business operators reiterated issues with regard to the
Saturday operation in the public street that are believed to have had a continually negative
impact on specific businesses. All who commented agreed that a Market use is a needed
component of a viable Downtown.
8. One business owner expressed public safety concerns and access issues with the regular
closure of the right-of-way in that the second floor of her building is inaccessible during
Market operations. Another business manager identified circulation issues with an
existing parking area during Market activities that are confusing at best. Testimony was
provided from a Market vendor who spoke to the Port Angeles Fire Department regarding
public safety issues with the closure of Laurel Street.
9. Several business operators believe that the use of Laurel Street is vital to their business
health and success and that the Market use, while supported in the Downtown, must be
relocated to a location that is not as vital a component of their business interests. Those
who objected to the continued use believe that continued use of the right-of-way does not
constitute temporary occupancy, which was intended with original approval of the CUP.
All comments indicated support for the actual Market use.
10. 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. A second, site specific environmental review was performed in October, 2005, in
preparation for the new public hearing, which resulted in the issuance of a determination
of non significance #1129, on November 7, 2005.
11. Farmers markets are a community activity and are widely supported. The Washington
State Farmers Market Association specifies what products may be sold at farmers markets
and that they should promote local agriculture and handicrafts. The public health and
interest must be maintained by addressing environmental health requirements for hand-
washing and restroom facilities, by addressing compatibility with adjacent uses and other
uses permitted within the CBD, by firmly establishing a staging area for vendor vehicles
and conveyances, and through compliance with local sign code requirements.
12. Previous studies have been done on mei?ods to improve the vitality of the Central
Business District which suggested that the Laurel Street area should be viewed as an open
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Planning Commission Minutes
November 9. 2005
Page 13
plaza for a variety of uses and thatfarmers market uses are a viable component of a
Downtown community. More recent studies have suggested alternatives to circulation
patterns in the Downtown and also encourage an open plaza area. Future changes in
traffic patterns in the area may offer opportunities for enhanced activities.
13. 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 wide
flexibility in designating commercial uses.
14. The purpose of the CBD Zone is to strengthen and preserve the area conm10nlyknown as
the Downtown for major retail, service, financial, and other commercial operations that
serve the entire community, the regional market, and tourists. It is further the purpose of
this zone to establish standards to improve pedestrian access and amenities and to
increase public enjoyment of the shoreline. Although farmer's markets are not listed as a
permitted or conditional use in the CBD or any other zone, P AMC 17.24.160.(K) allows
for "...other uses compatible with the intent ofthe Zoning Code..." by conditional use
permit and the City's Comprehensive Plan encourages such uses in the Central Business
District specifically on Laurel Street. The City has approved conditional use permits for
Market activities within the CBD since 2002.
15. The Comprehensive Plan was reviewed and the following goals and policies are the most
relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and A2, and
Objective F.3; Transportation Policy B16; and Economic Development Goals A and B,
and Policy A2. Land Use Goal F and Policy F.3 specifically encourage farmers market
uses on Laurel Street in the Downtown and during the tourist season.
16. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, a barber
shop, and parking facilities.
17. Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC
14.40.070. However, all business activities that operate within the Downtown area must
belong to the City's Parking Business Improvement Area (PBIA). Unspecified uses shall
meet the requirements of similar uses as determined by the Community Development
Director. The Director previously determined that 10-12 parking spaces are required for
customers and an additional (1) parking space for each vendor is required. A letter
identifying that 25 monthly parking permits are provided through the Downtown PBIA
was submitted with the extension request.
18. Clallam County Environmental Health Department personnel reported that the Market
vendors are operating in compliance with Health Department standards as of this writing.
No concerns are anticipated with the management of the Market.
19. The City's Police Department had no issues with either the current Market use nor the
extended Market activity. While the Public Works and Utilities Department initially
suggested possible vehicle/pedestrian and traffic issues, none have been realized.
20. The current right-of-way location was proposed as a temporary solution until a
permanent site was identified. City properties can be used for uses that benefit
Downtown businesses as long as the use of the parking areas does not cause detrimental
parking impacts that cannot be otherwise justified.
Planning Commission Minutes
November 9. 2005
Page 14
Conclusions:
Based on the information provided in the Department Staff Report for the extension of
CUP 03-06 dated November 9,2005, 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, the above listed conditions of approval and findings of fact, the City
of Port Angeles Planning Commission hereby concludes that:
A. Based on testimony heard during the November 9, 2005, public hearing, it could not be
definitively determined that use ofthe right-of-way for Market activities is detrimental to
Downtown businesses in general. Testimony indicated that a centralized Market location
is beneficial to all Downtown businesses and a negative effect would result to the
business area if the Market were not to be located in the Laurel Street location.
B. Letters and testimony in support of use of the right-of-way location were received in
review of the extension request identifying that use is in accord with other permitted
activities in the Central Business District. However, the central right-of-way location
continues to be of main concern to several businesses who have stated that the location,
particularly on a major shopping day, continues to be a negative impact to their
businesses.
C. A Farmers Market use in the Downtown is consistent with the City's Comprehensive
Plan, and most specifically with the goals and policies identified in Finding No. 11 above.
D. Through membership in the City's Downtown PBIA, Market vendors are in compliance
with the City's Parking Ordinance Section 14.40 of the Port Angeles Municipal Code.
E. Use ofthe right-of-way was temporary until a permanent site could be located elsewhere
within the Downtown for a farmers' market because there was not another available site
within the central Downtown for consideration at the time a market was proposed.
Circumstances have changed in that other City properties now exist that are located in the
same area not in the right-of-way.
F. By locating the market on a property rather than in a right-of-way, the Market may be
viewed as a viable component of the Downtown business community that will enable the
use to grow and expand and will provide a legitimate home for the use which has been a
goal for some time. Permanent signage can be established that will inform the public that
such a use is expected and provide operational information to Market customers.
G. Testimony provided by a speaker during the public hearing indicated that, in conversation
with the Port Angeles Fire Department, it was determined that no public safety issue is
expected by the closure of Laurel Street for the Market activity.
H. Testimony provided during the public comment period indicated that there has been no
significant, adverse changes in circumstances and therefore, the continued extension of
CUP 03-06 meets the criteria for extension of previously approved conditional use
permits, specifically Section 17.96.070 (2) P AMC.
On call for the question, the motion passed 3 - 2 with Commissioners Johnson and
Matthews voting in the negative stating the reasons that they spoke of during discussion.
Commissioner Johnson was disappointed that there was no real resolution to the issue.
I-
I
Planning Commission Minutes
November 9. 2005
Page 15
Commissioner Matthews was concerned with the testimony provided by established business
owners that their businesses were being negatively impacted on a regular basis by the location of
the Market in Laurel Street. There is a better place for the activity within the Downtown.
Approval should not be because of an ultimatum.
Due to the lateness of the hour (beyond 10 p.m.), Commissioner Wharton moved to
continue with agenda items. The motion was seconded by Commissioner Kalish and passed
5 - O.
ATTACHMENT C
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WAS H I N G TON, U. S. A.
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DEPARTMENTOFCOMMUNITy&,EcONOMIC.DEVELOPMENT
TO: Plamling Commissioners
FROM: Sue Roberds, Planning Manager
DATE: November 9, 2005
RE: Conditional Use Permit - CUP 03-06
APPLICANT: Port Angeles Farmer's Market (Saturday)
OWNER: City of Port Angeles
LOCATION: Laurel Street between Front and First Streets
REQUEST: EXTENSION of a conditional use permit to allow the continuation of
a Saturday farmer's market activity in the Port Angeles Downtown.
RECOMMENDATION: The Planning Division recommends that the Planning Commission
deny the extension of CUP 03-06 citing 20 findings and 7 conclusions found in Attachment" A"
to this report in support of that action. Two City properties that are mainly for use as parking
areas and one private property have been identified as being immediately available for the Market
use that are located in the same core area as the current Market operation. Directional signage will
ensure that Market customers are directed to the alternative location such that a relatively smooth
transition may occur.
Background
A conditional use permit application (CUP 03-06) was submitted in May, 2003, to relocate
a Saturday farmers' market activity from the Clallam County Courthouse parking lot to Laurel Street
in the City's Downtown. The request was supported by the Port Angeles Downtown Association
and was approved in May, 2003, for an initial one year period. Extension ofthe use was approved
in July, 2004, for an additional year under the same conditions as the original permit. The permit was
not extended for the full potential extension period as requested because specific issues identified '
during the extension public hearing needed further review and action. Those issues included: (1)
continued use of a public right-of-way (Laurel Street) for the Saturday Market; (2) signage directing
customers to public restroom facilities; and (3) specific parking areas for vendors.
Conditional Use Permit - CUP 03-06 Extension
November 9, 2005
Page 2
On July 18, 2005, the Market management submitted the current request for extension ofthe
activity in the same location with no change in operation. Following a lengthy public hearing on
August 10,2005, the Planning Commission extended the Market activity for an additional one year
with an added condition that the Market not operate during the holiday months of November and
December. That decision was appealed to the City Council. During the appeal proceeding, a
procedural challenge was made to the Planning Commission's action. The August 10, 2005,
Planning Commission action was invalidated. As a result, the Planning Commission is required to
conduct a new open-record public hearing that is scheduled for November 9, 2005, to consider the
extension request. Public notice of the November 9 hearing was provided with a written comment
period.
The conditions of extension are listed below with an explanation as to how the conditions
have been addressed. Conditions that required action are noted in italics with action in underlining.
Conditions not italicized are operational and do not require action.
2004 Extension Conditions:
1. Conditional Use Permit CUP 03-06 is hereby extended to August, 2005, as long as the
operation remains in compliance with all conditions of approval.
2. Products to be sold shall be limited to locally grown plants, food or food products and
associated, local arts and crafts.
3. Continued compliance with State and County requirements for the handling and sale of food
and/or food products is required including sanitation facility requirements.
4. 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.
5. The Port Angeles Farmer'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. A valid
certificate is on file.
6. Necessary educational outreach to vendors and customers about proper use of off-street
parking areas, signage and use of public facilities shall be made. The Market Manager has
identified allocated parking areas and has stated that all vendors are specifically directed as
to where they must park. A letter from the Downtown Association (attached) indicates that
25 parking permits are available for vendor use.
7. Street barricades shall be provided by the Port Angeles Farmers Market. The Market
Manager is in charge ofthe barricades which have been issued bv the City. Several site visits
over the year have indicated that the barricades are being used and stored properlY.
8. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles. This
condition has consistently been met.
9. A right-ol-way use permit shall be approved by the City's Public Works and Utilities
Department prior to use of the City's rights-ol-way. Done.
Conditional Use Permit - CUP 03-06 Extension
November 9, 2005
Page 3
10. The Port Angeles Farmers Market shall submit a par/dng plan that is acceptable to the
Downtown Business AssociationlPBIA in order to continue use of the public right-of-way.
See #6 above.
11. 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.
STATE ENVIRONMENTAL POLICY ACT REVIEW AND COMPLIANCE
The SEP A Responsible Official adopted DNS #951 for the initial Saturday Downtown
farmer's market activity on May 8,2003. Although the document was originally adopted in review
ofthe same farmers' market activity in a different area of the City, the activity characteristics and
operation are the same. The City additionally adopted a determination of non significance (1129) on
November 7,2005, with regard to the current request.
DEPARTMENT/AGENCY COMMENTS:
Reviewing City Departments had no concerns wIth past operation and noted that the Market
activity has operated under the conditions of the Right-Of-Way Use Permit issued for the use.
Although the Public Works and Utilities Department initially questioned use ofthe right-of-way,
operation during the past two years ofthe Saturday Market have not resulted in any reported traffic
conflicts or issues, and so original concerns have not been realized.
The Clallam County Environmental Health Department commented by phone that they
have not had issues with the Downtown market activity. Health conditions that must continue to
be observed include the following:
L Bathrooms must be available within 200 feet of the market.
2. Hand washing station with hot and cold running water must be available.
A commissary letter must be submitted regarding the restrooms being used.
3. Food being sold must be fresh and vendors are responsible for the safety of
products sold.
4. Clallam County and Washington State regulations allow for inspections of
farmer's markets byDepartment of Agriculture or County Health Officials.
5. Potentially hazardous foods cannot be sold at farmer's markets without a permit.
Potentially hazardous foods include meat and poultry; milk and milk products;
pastries with cream or custard filling; home canned low acid foods, such as
vegetables and meats; and home prepared fruit based jams and jellies.
6. Whole, uncut fruit and vegetables are exempt from permits.
PUBLIC COMMENT:
Re notification of the extension review was placed in the Peninsula Daily News on October
21,2005, posted on the site on October 20,2005, and mailed to property owners within 300 feet of
the subject property and past known parties of record on October 20,2005. Written comments were
received both in support of and in opposition to the extension request. Several parties to the August
10 extension proceeding phoned and/or wrote to ask that previously submitted letters be included
Conditional Use Permit - CUP 03-06 Extension
November 9, 2005
Page 4
aiong WIth me current comments. Tnose parties were Diane Markley, Edna Petersen, J. Anthony
Hoare, and Mary Gotham. Comment letters are included in this staff report as Attachment B.
Comments for and against the farmers' market location can be summarized as follows: Some
Downtown business owners state that the use of Laurel Street for a Saturday Market activity is
detrimental to some Downtown businesses specifically with regard to the closure of a public right-of-
way. Saturday is the most popular shopping day of the week and closure of a main thoroughfare to
traffic negatively affects several Downtown businesses that depend on that shopping day for the
success of their businesses. Additionally, specific concerns were expressed that Market customers
were abusing private business facilities, such as restrooms, and parking areas. In response, the
Market Manager reported that signs directing customers to nearby public restroom facilities are
prominently placed during Market activities. Specific information is provided to each vendor stating
the importance of directing customers to the public restroom facilities during the Market activity in
order to eliminate unauthorized use of neighboring properties. A number of people who travel to the
Market on a regular basis commented that they would not otherwise be shopping in the Downtown
area. Market supporters also claim that the use of Laurel Street is integral to the Market operation
due to its central nature.
A survey was received on October 31, 2005, of 65 Downtown businesses. Some businesses
indicate specific support for keeping the Market use on Laurel Street while others believe that the
Market should be located elsewhere in the Downtown but should remain Downtown. No one has
stated that the Market should be encouraged to leave the Downtown.
The current public notice period yielded a letter of concern from a business owner with
specific concerns regarding public safety and access to the second floor of a building on Laurel Street
during Market activities. This issue was not brought forward prior to the current posting period. The
property owner expressed frustration that the use may be allowed to continue for a third year and
stated that the temporary nature of the permit should expire.
Several new comment letters were received during the current notice period in support ofthe
Market activity that identify the use as being an asset to the entire Downtown and Port Angeles
community. The PADA has noted wide spread encouragement of farmers' market uses and
encourages that such activities be located in a centralized location. The P ADA is in favor of
retaining the use in the City's Downtown center.
STAFF ANALYSIS
While Market vendors and some adj acent business owners are certain that the Laurel
Street location is imperative to the success of the Market and greatly enhances their business
operations, other business owners, mainly in the Laurel Street corridor, believe that the location
is detrimental and is directly responsible for a reduction in business revenues. Those business
owners directly link their drop in business revenue to Market operation dates and claim that the
use of Laurel Street causes confusion to travelers and shoppers who then avoid shopping while
the Market activity occurs.
Initial concerns regarding the use of right-of-way for a Market activity that have been
expressed by some Downtown business owners since the inception of the Market activity on
Laurel Street remain unchanged even though specific issues have been addressed over the past
two years of operation. The question is not whether a Market should locate in the Downtown,
but whether use of a public right-of-way and central thoroughfare for the activity is appropriate.
From a land use standpoint, a Market activity is encouraged in the Central Business District per
the City's Comprehensive Plan. The Market is good for the Downtown.
Conditional Use Permit - CUP 03-06 Extension
November 9. 2005
Page 5
.......1. .. 1 11 . 1 f 1 1..1 1 . . ...3 t...
1 ne ISSUe ana cnallenge IS Wliere Cal1J Sl10Ulu SUel} an activity occur to prouucc tue most
benefit to the entire community. It is likely that one hundred percent agreement will never be
made, but it is important to take into account the comments and concerns that have been made
with care and come to an equitable conclusion.
Although previous studies to identify ways to bring added vitality to the Central Business
District suggested that the Laurel Street area should be turned into an open plaza that could
support a variety of pedestrian uses of which. farmers markets could be a viable component, more
recent studies have suggested alternatives to circulation patterns in the Downtown that do not
include the closure of Laurel Street. Unfortunately, at the present time, plans are still being
evaluated and, while no final solution has been agreed upon, culmination of the planning process
is near. The Downtown is a changing landscape and future changes may offer significant
opportunities for enhanced activities and perhaps a change in traffic patterns in the area. It is
hoped that Market vendors and Downtown business operators can work together at this critical
time to allow final issues to be worked through and solutions found to the benefit of the entire
community.
The Planning Commission determined that the Market use is consistent with the purpose
and intent of the CBD in its original approval ofa Market use in the CBD. Such uses can be
compatible with other uses that may be conducted within the CBD and can enhance permanent
uses, which is in the public interest, when located in an appropriate location. In order to be a
vital core component of the Downtown, a permanent location must be found for such a use.
Consideration of an extension request involves a public review of how conditions of
permit approval have been met and an assessment as to whether adjustments need to be made to
ensure compatibility with other uses in the zone. While all of the imposed conditions of approval
have been met by the Saturday Market at this time, a review of past Planning Commission
minutes and actions regarding the Saturday Market activity identified that the Planning
Commission was very concerned about the use of the right-of-way for the activity and were
careful to stress that the right-of-way would not become a permanent location. Two years have
passed since original approval and it is apparent that the time has been used by the Market
vendors to solidify an operation and management plan, but it is also apparent that there is more
work to be done in securing a permanent location. In only allowing a one year extension of the
Saturday Market use in 2004, the Planning Commission's intent was to provide another year's
operation to allow issues of concern to be worked out. The issue of a permanent location was not
resolved.
When the Laurel Street site was originally considered, it was believed that City
properties identified for joint parking within the Downtown and managed by the Port Angeles
Downtown Association could not be used for purposes other than parking. The right-of-way
location was sited as a temporary solution until a permanent site could be identified. The
location was never intended to be permanent, nor is there a vested interest in the site. It has
since been determined that, under specific circumstances, City properties can be used for uses
that benefit Downtown businesses as long as the use of the parking areas does not cause
detrimental parking impacts that cannot be otherwise justified. Two City properties and one
private property have been identified within the Downtown as being available within the central
business area for use by the Market.
It is unfortunate that a breakdown in communication has apparently caused Market
management to not understand the City's previous direction that significant efforts should be put
toward locating an alternate permanent location for the activity and that use of the street was
considered temporary. Relocation of the Market to an off-street City property will allow the
Market to expand, not interfere with established traffic patterns, provide flexibility in set up and
Conditional Use Permit - CUP 03-06 Extension
November 9, 2005
Page 6
.. .... ,....If' 1 j .3 . 1-. ..(:' 1 1-.. T'\ h
oreaK Qown lor lVlafKet venClors, anu contmue to unng a vanety 0.1 people to tue i.Jowntown tHat
might not otherwise shop in the area. The Downtown businesses support a Downtown Market.
Location to a city owned property in the same vicinity that offers much the same environment as
the current use, off the City right-of-way, protected from wind, would prove to be an effort to
reunite the Downtown merchants and Market vendors in an effort to serve the community and
better serve each other.
Conditional Use Permit - CUP 03-06 Extension
November 9. 2005
Page 7
ATTACHMENT "A"
FINDINGS AND CONCLUSIONS IN SUPPORT OF DENIAL OF CUP 03-06:
The Planning Division recommends that the Planning Commission deny the extension of
Conditional Use Permit CUP 03-06 with the following findings and conclusions:
Findings:
Based on the information provided in the Planning Division Staff Report for extension of
CUP 03-06 dated November 9,2005, including all information in the public record file, written
comments, and testimony presented during the public hearing, the Planning Commission discussion
and deliberation, the City of Port Angeles Planning Commission hereby finds that:
1. The Port Angeles Farmers' Market submitted an extension request to continue the Saturday
Market activity (CUP 03-06) on July 18, 2005.
2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that
"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 provided that the following minimum criteria are met: (1.) The use complies
with the permit conditions; and (2.) There have been no significant, adverse changes in
circumstances. Upon written request for an extension submitted to the Planning Department
prior to the expiration of the conditional use permit, said conditional use permit shall be
automatically extended for ninety days to allow the City adequate time to review the
extension request."3.
3. Farmers' Markets are intended to provide a location where local farmers and artisans can sell
their goods to the public and are widely accepted as an activity that can enhance a
commercial area.
4. The subject Market site is located in the Port Angeles Downtown on Laurel Street between
First and Front Streets. The Saturday Market activity has operated on the site since 2003.
Yearly extensions have been approved in order to allow time for Market management and
local business operators to work through specific issues regarding a permanent Market
location, parking, and signage.
5. Individual stands are approximately 10' by 10' and 12' in height and currently occupy the
Laurel Street right-of-way between Front and First Streets that is approximately 12,000
square feet in area.
6. Public notice of the extension proposal was made in compliancewithPAMC 17.96.140 with
publication appearing in the Peninsula Daily News on July 22, 2005, posted on the site on
July 19, 2005, and mailed to property owners within 300 feet of the subject property on July
22, 2005. On October 20, 2005, the site was again posted for a new public hearing to be
conducted on November 9, 2005. Public notice again appeared in the Pennsula Daily News
on October 21, 2005, with public notices re mailed to surrounding property owners and
known parties of record on October 20,2005. Written public comment was received and was
considered in staff s recommendation.
Conditional Use Permit - CUP 03-06 Extension
November 9,2005
Page 8
7. Written public comment received during the posting/public comment peiiod indicated strong
support for a Market use in the Downtown and only objected to use of the right-of-way for
the activity. Some business operators reiterated issues with regard to the Saturday
operation in the public street that are believed to have had a continually negative impact on
specific businesses. All who commented agreed that a Market use is a needed component
of a viable Downtown.
8. One business owner expressed public safety concerns and access issues with the regular
closure of the right..;of-way in that the second floor of her building is inaccessible during
Market operations. Another business manager identified circulation issues with an existing
parking area during Market activities that are confusing at best.
9. Several business operators believe that the use of Laurel Street is vital to their business health
and success and that the Market use, while supported in the Downtown, must be relocated
to a location that is not as vital a component oftheir business interests. Those who objected
to the continued use believe that continued use of the right-of-way does not constitute
temporary occupancy, which was intended with original approval of the CUP. All comments
indicated support for the actual Market use.
10. The SEPA 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.
A second, site specific environmental review was performed in October, 2005, in preparation
for the new public hearing, which resulted in the issuance of a determination of
nonsignificance #1129, on November 7, 2005.
11. Farmers markets are a community activity and are widely supported. The Washington State
Farmers Market Association specifies what products may be sold at farmers markets and that
they should promote local agriculture and handicrafts. The public health and interest must
be maintained by addressing enviromnental health requirements for hand-washing and
restroom facilities, by addressing compatibility with adjacent uses and other uses permitted
within the CBD, by firmly establishing a staging area for vendor vehicles and conveyances,
and through compliance with local sign code requirements.
12. Previous studies have been done on methods to improve the vitality of the Central Business
District which suggested that the Laurel Street area should be viewed as an open plaza for
a variety of uses and that farmers market uses are a viable component of a Downtown
community. More recent studies have suggested alternatives to circulation patterns in the
Downtown and also encourage an open plaza area. Future changes in traffic patterns in the
area may offer opportunities for enhanced activities.
13. 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 wide
flexibility in designating commercial uses.
14. The purpose ofthe CBD Zone is to strengthen and preserve the area commonly known as the
Downtown for maj or retail, 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. Although farmer's markets are not listed as a permitted or
conditional use in the CBD oranyotherzone,PAMC 17.24.160.(K) allows for "...otheruses
Conditional Use Permit - CUP 03-06 Extension
November 9. 2005
Page 9
compatible with the intent of the Zoning Code..." by conditional use permit and the City's
Comprehensive Plan encourages such uses in the Central Business District specifically on
Laurel Street. The City has approved conditional use permits for Market activities within
the CBD since 2002'.
15. The Comprehensive Plan was reviewed and the following goals and policies are the most
relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and .A2, and
Objective F.3 ; Transportation Policy B 16; and Economic Development Goals A and B, and
Policy A2. Land Use Goal F and Policy F.3 specifically encourage farmers market uses on
Laurel Street in the Downtown and during the tourist season.
16. Adj acent uses include retail stores, office uses, restaurants, banks, apartments, a barber shop,
and parking facilities.
17. Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC 14.40.070.
However, all business activities that operate within the Downtown area must belong to the
City's Parking Business hnprovement Area (PBIA). Unspecified uses shall meet the
requirements of similar uses as determined by the Community Development Director. The
Director previously determined that 10-12 parking spaces are required for customers and an
additional (1) parking space for each vendor is required. A letter identifying that 25 monthly
parking permits are provided through the Downtown PBIA was submitted with the extension
request.
18. C1allam County Environmental Health Department personnel reported that the Market
vendors are operating in compliance with Health Department standards as of this writing.
No concerns are anticipated with the management of the Market.
19. The City's Police Departmenthad no issues with either the current Market use nor the
extended Market activity. While the Public Works and Utilities Department initially
suggested possible vehicle/pedestrian and traffic issues, none have been realized.
20. The current right-of-way location was proposed as a temporary solution until a permanent
site was identified. City properties can be used for uses that benefit Downtown businesses
as long as the use of the parking areas does not cause detrimental parking impacts that cannot
be otherwise justified.
Conclusions:
Based on the information provided in the Department Staff Report for the extension of
CUP 03-06 dated November 9, 2005, 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, the above listed conditions of approval and findings of fact, the City of Port
Angeles Planning Commission hereby concludes that:
A. Public comment received during the public comment period and testimony provided during
the public hearing identified that use of the right-of-way is seen to negatively impede the
established traffic flow to certain businesses in the Downtown. More particularly, access to
the occupants of a key building with frontage along Laurel Street is severely reduced during
Market activities which poses a possible public safety concern that cannot be addressed with
regular closure of the right-of-way.
Conditional Use Permit - CUP 03-06 Extellsion
November 9, 2005
Page 10
B. Letters and testimony in support of use ofthe right-of-way location were received in review
of the extension request identifying that use is in accord with other permitted activities in
the Central Business District. However, the central right-of-way location continues to be of
main concern to several businesses who have stated that the location, particularly on a major
shopping day, continues to be a negative impact to their businesses.
C. A Farmers Market use in the Downtown is consistent with the City's Comprehensive Plan,
and most specifically with the goals and policies identified in Finding No. 11 above.
D. Through membership in the City's Downtown PBIA, Market vendors are in compliance with
the City's Parking Ordinance Section 14.40 ofthe Port Angeles Municipal Code.
E. Use of the right-of-way was temporary until a permanent site could be located elsewhere
within the Downtown for a farmers' market because there was not another available site
within the central Downtown for consideration at the time a market was proposed.
Circumstances have changed in that other City properties now exist that are located in the
same area not in the right-of-way.
F. By locating the market on a property rather than in aright -of-way, the Market may be viewed
as a viable component ofthe Downtown business community that will enable the use to grow
and expand and will provide a legitimate home for the use which has been a goal for some
time. Permanent signage can be established that will inform the public that such a use is
expected and provide operational information to Market customers.
G. Given written testimony provided during the public comment period by a business owner,
the continued extension of CUP 03-06 cannot meet the criteria for extension of previously
approved conditional use permits, specifically Section 17.96.070 (2) P AMC: "There have
been no significant, adverse changes in circumstances ."
Attachments:
A -Findings and conclusions
B - Comment letters
C - Previous minutes
.
The Port Angeles Farmen Jvlarket was encouraged to move to Laurel Street in order to increase
downtown activinr and pedestrian traffic. The expectation was that Laurel Street location would
be good for. core business district businesses and for the P AFM. The P.A..FM remains committed
to being a positive part of the downtown Port Angeles economic and social community. This
brief survey is part of the PAFM's ongoing effort to work with the downtown community.
Do you support keeping the Port Angeles Farmers lvJarket on Laurel Street until a erm an ent
downtown location for it bas been located and d.eVeJoped to a usable condit~. t~f~n,t1DJ. '
the needs of the Port Angeles community and the PAFM? Ul1[F. . .~
., . OCT 3 12005
NO
B. IAddr - C - .crrYDf..,l?ORT ANGELES
usmC-55 ess YES NO OPINlON MMitI.bb~~un;tv Developmeni
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The Port Angeles Farmers Market was encouraged to move to Laurel Streetinor&r to increase
downtown activity and pedestrian traffic. The eh.rpectation was that Laurel Str<<t location would
be good for core business district businesses and for the P AFM. The P AFMremains committed
to being a positive part of the downtown Port Angeles economic and social community. This
brief survey is part of the PAFM's ongoing effort to work with the downtown community.
Do you support keeping the Port Angeles Farmers l\1arket on Laurel Street until a permanent
downtown location for it has been located and developed to a usable concH:
the needs of the Port Angeles community and the P AFM? 0 ! . . . 1 0
OCT 3 f 2005
NO I
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The Port Angeles Farmers Market was encouraged to move to Laurel Street in order to increase
downtown activity and pedestrian traffic. The ex.'Pectation was that Laurel Street location would
be good for core business district businesses and for tbe P AFM. The P AFM remains committed
to being a positive part of the downtown Port Angeles economic and social community. This
brief survey is part oftbe PAFM's ongoing effort to work with the downtuwn community.
Do you support keeping the Port Angeles Farmers Market on Laurel Street until a permanent
downtown location for it has been located and developed to a usable conditi ~ t! "t~ rn1.
the needs of the Port Angeles community and the P AF11? J1
OCT 3 I 2005
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NOV - 4 200S I
CITY OF PORT ANGELES
Dept. of Community Development
We are the owners of a Downtown commercial buiJding located at 105 E
1 st. . This building houses a range of businesses including retail and offices.
Over a period of time we have become concemedwith the interruption of
traffic and parking caused by the closure of Laurel S1. to accommodate the
Farmers Market.
"While we support additional activity in the downtown corridor, regular
closure of this street that is critical to traffic circulation, has become. a
significant problem for some of our tenants. If we begin to loose tenants or
are unable to replace tenants lost through normal attrition it will become
difficult to continue to invest in Downtown Port Angeles.
We do not object to the Farmers Market being located Downtown, but
certainly a location can be found thar--would not adversely affect those
Downtown businesses that rely on accessibility.
Operating a successful commercial building in Downto'wn Port Angeles is
challenging. If our community wants to continue to encourage private
investment in these properties you must give consideration to our and our
tenant's needs of accessibihty. The Farmers Market can operate in many
locations, unfortunately o)lr business can only operate at 105 E. 151 street.
,rl~~----_...
l/i~~~ .
1024 W. 6th
Port Angeles, W A 98363
360-452-2253
Port Angeles Planning Commission
321 EastSth 8t.
Port Angeles, W A 98362
Nove
Planning Commission Members
l
..
Planning Commission Members
321 East First Street
Port Angeles,Wa. 98382
'1Pfi [E ~ [E U \v1 ~ 101'
I De12 8 2005 J
CITY OF PORT ANGELES
Dept. of Community Developme~"
Dear Members
My name is Robert M. McCrorie. I oVl'T1'the McCrorie Home
Fumishingsbuilding at 124 East First Street in Port Angeles Wa. I
have owned this building since 1957. ] was a member of the first
downtown parking association. I also have belonged to a number of
o'ther downtown committees. I understand the problems associated
wi'th issuing a conditional use permit to 'the Farmers Market on Laurel
Street.
Saturdays in Port Angeles have always been a very busy retail
business day. It gives the working husband a opportunity to shop with
his wife. It also gives the west end customer a day to shop in our city
as well as from Sequim and the Port Townsend area.
We have always received approximalely 40 % of our weekly retail
business on Saturdays. When the Farmers Market is operating we do
only half of our regular Saturdays business.
When the Farmers Market is open the congestion is devastating. I've.
observed cars circling 'the tWo block area several times looking for a
place to park before driving away. I've heard it said" lfwe can't find
a place to park we go elsewhere to shop". I have also seen cars
parking and going the wrong way in the alleys blocking traffic even
more.
Please seriously consider NOT allowing the Farmers Market a permit
to limit our downtown core district business. Lets help them find a
more suitable location.
Robert M. McCrorie
(/~ In ~~ {)-ti'~C
175 Amber Lane .
Sequim, Wa 98382
360-683-4423
1
Sheila Gregg
Smoothie Essentials
213 W 13th St
Port Angeles, W A 98362
[ffi IE (G 1E B \VIlE ~
J OCT 2Il ml
CITY OF PORT ANGELES
Dept. of Community Development
October 27, 2005
Planning Commission
City of Port Angeles
321 E 5th St
Port Angeles, W A 98362
Dear Planning Commissioners:
This letter is to ask for your positive action to approve the three year extension ofthe Port
Angeles Fanners' Market's conditional use permit for the Saturday Market on Laurel
Street.
I have been an active member ofthe Fanners' Market for about four years. I started at
the Courthouse location and was excited when we were invited to, and moved to the
Laurel Street location. TheLaurel Street location is good for my business and I am
concerned that my business will suffer if we are forced to move to a temporary location
away from the downtown core.
The Market and the regular Downtown businesses together draw more customers than
either can draw alone. The Market att.racts shoppers to the dnwntown core and adds a
unique shopping experience for both locals and tourists. Our customers are also
Downtown business customers. Every Saturday I see shoppers carrying both Market and
regular Dovmtown business purchases. I believe the Market is good for the Downtown
and the Downtown is good for the Market.
Long term, the Market would like to work with the Downtown businesses and the City to
find a suitable permanent downtown location. A three year extension would help us do
that by allowing our energy to be spent on our long term goals rather than another
temporary location.
Please approve the three year extension ofthe Farmers' Market's conditional use pennit
for Saturday Markets on Laurel Street.
Sincerely,
~~R ~>Q
Sheila Gregg ~ . ..~
Smoothie Essentials
~
LA \11 Of1'lCES OF
J. ANTHONY HOARE
1215 FOURTH AVENUE. SUITE 920
SEATTLE, WA 98161-1030
~~(G~n\W~IDJ
NOV -. :~ ZOOS !
O~:n~~;'m~~Jy~~~~~~~"t I
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TELEPHONE: (206) 443-2325
FACSIMILE: (206) 682-8636
November 1, 2005
Ms. Sue Roberds
City Commurity & Economic
Development Department
P.O. Box 1150
Pt. Angeles, W A 98362-0217
RE: Fanners Market Hearing
Dear Sue:
I am enclosing a written comment directed to the Planning Commission. I would like thal
comment to become part of the record. ] will be unable to attend the November 4th hearing, but
request that to the extent possible, my presentation at the prior commission meeting be made
available to the Commissioners for theiT consideration. I understood that the prior hearing had
been transcribed so that it was available to the City Council. If that is true, please make that
record available to them.
In addition to my prior 'written comments becoming apart of the record, 1 would also
specifically request that the petition objecting to the regular Closure of Laurel Street signed by
60+ members of the Downtown Association also be made part of the record.
Thank you for your attention to these matters.
Very truly yours,
) ,
.J hi ctio~
J. Anthony Hoare
JAHlkab
Enclosure
FROM:
J. Anthony Hoare
tHUl}D5J 1E ~ ~ ij Wl~ "fR).f1 I
. -- w'-'"'&!J
t<<l\I-g_ . I
I
CITY OF PORT ANGELES I
Dept. ofCom.~..;:nity Del'slorment "
~.., -"-"-"'~--..
TO:
. , Port Angeles Planning Commission
I am both a business owner and a property owner in downtown Port Angeles. I strongly
object to the regular closure of Laurel Street for the Farmers Market.
As a business owner I am not able to measure the impact, positive or negative,caused by
the closure of Laurel Street.
As a property owner, however, I am gravely concerned about the impact that Laurel Street
closure has on other bUSiness. , Oneneedoruywalk the downtown core to realize how difficult it
. '
is to.do business in downtown Port Angeles. There are many vacancies and changing store
fronts.
I firmly believe that the disruption of a well-established traffic pattern resulting from the
Laurel Street closure, combined with the loss of parking spaces, contributes to surprise and
frustration causing shoppers to go elsewhere.
Laurel is only one of three streets that go from First to the waterfront and should be
recognized as an important link in the transportation grid serving locals, shoppers and visitors.
Laurel Street should never be closed except for repairs or for the occasional events, such
as the 4th of July parade, or, as in the past, for the Arts Festival.
There are other alternative locations, including downtownlocations and if the produce
and products sold at the market are appreciated and sought after, the market will be as successful
in any other location.
~"4 iL~
thony Hoare
2- ..f 7 3 ;; 1'J.s T /1E ItCH R CHI])
f(!) ~T 1m q '.e le.)/ LIJ .'A . q 8 .3~ 3
!mIE ~ IE ~ ~ IE IDJ
[ mv- 3 2m5 I I
CITY OF PORT ANGELES I
Dept. of Community Development
811 Caroline
Port Angeles, W A 98362
November 1, 2005
Port Angeles Planning Commission
321 East Fifth Street
Port Angeles, W A. 98362
Re: CLOSING OF LAUREL STREET
Ladies and Gentlemen:
This letter is to object to the closing of L:Jnrel Street for a Fanners Market. TheFarmers
Market is a good thing, and efforts sbouldbe made to provide a place for them to hold
this event. . It should not be held in a location that limits accessibility to businesses in the
downtov.m core. I would .not want this market to close down the street in front of my
home, nor would you, and especially i~ you were trying to make a living out of your
home.
Find another location for the market and keep Laurel Street open to vehicle traffic!
~
Jim Hoare
De~r Planning Commission,
lffillE ~ lE II Wi lEI IDJ
J . NOY - 32005 \
CITYOF PORT ANGELES
Dept. of Community Development
We are writing t.o support keeping tbe Port Angeles Fanner's Market at the L~iiirel Street
location. We are customers at botb the Fanner's Market as well as downtown businesses.
The market creates a vibrant atmosphere that draws people downtown. It draws us
downtown.
October22, 2005
W'e are also both local pbysicians wbo believe tbat wise -city planning -can help keep
communities health,y. A recent study of Seattle ~eighborhoods demonstrated that people
are less obese if fuey live in neigbborhoods witb pedestrian friendly commercial areas.
The Fanrier's Market brings pedestrian traffic downtown. A recent Port Angeles
Downtown Association survey confinned tms: the majority of businesses stated tb'at the
fanner's market bad a positive effect on their businesses.as weB as drawing more
pedestrian traffic to the downtown area.
~~ .1};--
U~K~
f 3 3 tY'~o-l'?e..~'7J
~~
Port .t\ngeles, W A 98362
October 29,2005
[ffi lHa ~ WIlE ~
t NOV-3mi j
CITY OF PORT ANGELES I
Dept. of Cornm,~nity Development
Port Angeles Planning Commission
321 € ast 5 Th street
Port Angeles, WA 98362
Dear Sir or Madam:
Each week the City of Port Angeles allows the closing of Laurel Street between
First Street and Front Str.eet on Saturday mornings and again on Wednesday
afternoons to accommodate the Farmers Market. .
A1 This time I would like to express my disappointment with the Port Angeles
Dowl11 own Association for failing to acknov.'ledge or accept that not all of the
businesses in the downtown are benefiting from the closing of Laurel Street. Because of
lack of concern for all of the there membership I feel that this attitude is creating a hostile
business environment. Because of this negative attitude I will not be speaking to the
planning commission, Just because I do not agree with the closing of Laurel
Street shouldn't mean that I am a bad person, or that I am running my business
in an irresponsible manner. This also doesn't change my support for the
Downtown, or in the growth of this community. .
Of the questions that have been asked, no one is asking the businesses that
have left why.? There has been three-business fail in three years next to me.
There have been several others on Laurel Street that have left or quit. I'm not
sure but I think Laurel Street has a very high turn over rate for businesses. There
are other businesses that are planning to leave or quit because of the hostilities
from this issue, and from their perception of the negative business climate in the
down1own.
It is impossible to judge the impact from the closing of Laurel Street. At this
time since their where never any studies of the traffic flow. Because of this both
the farmers mark.et Association, and the downtown associations seem hostel
toward the idea that there could be any negative impact.
Please don't interpret my lack of participation as acceptance of the closing of
Laurel Street; I feel that there is a place in the downtown for the diversity created
by the farmer's market. But there isn't a place for any business or organization
that can't or won't .even try to work through the difference. And uses arrogance to
create hostilities to get their way.
The Farmers Market Association and the Downtown Association have for the last
three years ignored repeat.ed requests that I have made for help. Both
associations talk about how good it is for the communality, yet neither
association can or will show us how to make i1 work for us.
The Farmers Market could be an asset to the downtown business community,
drawing new customers and entertaining the o:isting ones; there is a place for
street vendors in Port Angeles. This communi1y needs to welcome different types
of merchants, but not at the expense of existing, long-term businesses. But the
regular closure of any street in the downtown ~ends the wrong message to the
local customers. The message that we want tc send is that we are a friendly,
convenient, accessible place to shop, not one of closed streets that make getting
around the downtown harder. .
Rickey D. Mathis
Rick's Place
Restaurant & Lounge
102 West Front 8t.
Port Angeles, WA 9836
()@
.5..... u"e Roberds ~.. sup....porff6r theFarmersi\ll~rketLf:tter ,doc
....,............. .."... ......,...........'..,..._.. ..........._,.,. ___. ,..,.,....... "_,on__'"'''' h'", ...n.""'_ ~H'_"'_"""" .c.......,.
, Page'f,l
Planning Department Staff
321 E. 5th St.
Port Angeles, WA, 98362
~fEfGfEU\WIE/D)
fOCT 3 120051
CITY OF PORT ANGELES
Dept. of COf!lr~~r.,jtv Development
. .....-- -.!
D~~k Staab
205 W. 5th St.
Port Angeles, W A, 98362
Dear planning staff and colleagues,
I am writing in support of the Farmers' Market, and their current dov.rntown location. I
recently purchased a new home in lower Cherry Hill, and the Fanners' Market and
downtown access were big parts of my decision. We are so f0l1unate to have a year
round farmers' market, and I know how critical it is for their family run farms. I have
gotten to know 5 different farmers at the market, as well as bakers, coffee roasters, artists,
soap makers, and musicians. It is in incredible low impact opportunity to purchase from
local businesses, and keep our money circulating here.
I love the community atmosphere of the market. It may impact one or two businesses
slightly, but I also know it positively benefits more businesses than it impacts! We have
to realize that anything that draws additional people into the dov.rntown area, will have
positive impacts to the downto'wn area, even if a couple vocal businesses have a personal
bias against the fanners and customers. The businesses which are succeeding in the
downtown area are in the core and surrounding the market area.
Please do your part to fully support the market and its needs. I would notlike to see the
market kicked out for November and December, but I also want them to stay downtown
and support the heart of the town's economy and atmosphere. Please start by fIrst
renewing the lease for 3 years at a minimum, and reconsider allowing tllem to sell their
harvest and goods for November and December as well! The sooner the city supports the
market, then the sooner we can start to realize all the positive benefits. As with any
business, the' market needs to have a regular location and hours for their customers to
count on their products.
Thank you for your time and support!
Sincerely,
Darek Staab, 205 W. 5th St. P.A.
Ca'therine Conn
220 South Oak Street
Port Angeles, W A 98362
October 31, 2005
lPfi 1E lG 1E ~ ~ 1E lDl
l DeP I -]
CITY OF PORT ANGELES I
Dept. of Community Development I
Port Angeles Planning Commission
321 E. 5th St.
Port Angeles, W A 98362
Dear Planning Commission:
As a regular shopper at the Port Angeles Farmers' Market, I ask that you grant
the Market's request for a 3 year extension on the current Conditional Use Permit
for the Saturday market on Laurel Street. As you are aware, they are requesting
an extension of (and not a new application for) a Conditional Use permit. The
Market has fulfilled all of the 1.1 conditions that were set before them at the
previous hearing in 2004. They are asking for a 3 year extension so that the
Saturday and Wednesday Markets' permits expire at the same time (as you
know, the Wednesday Market's permit is good through 2008).
The Market Board and the vendors plan on using those 3 years to work with
Downtown businesses and the City to find the best location in the Downtown for
the Market so that it will continue to benefit the entire community. Their goal is to
make everybody happy (or try their best to do so!)
Respectfully submitted,
{/o1te11~ C~
Catherine Conn
..
October 30, 2005
I~ IE ~ ~ U \Yl~ lDJ
r ~CT3 I 2lI5 J
CITY OF PORT ANGElES
Dept. of C!l.!!!~n;ty Development
Planning Commission
32] E. 5th St.
Port Angeles, W A 98362
To Whom It May Concern:
] am writing in support of granting the Farmer's Market a 3-year extension on the current Conditional Use
Permit for the Saturday market on Laure] St. My understanding is that they have complied will all of the
conditions set before them at the last hearing and therefore should be allowed to extend their permit.
I attended the Planning Commission meeting last August where this issue was discussed and voted on. In
addition to those businesses that spoke against the Farmer's Market because they felt it was hurting their
business, ] also remember hearing a lot of downtown businesses speaking in favor of the Farmer's Market
because they felt that it benefited their business. In fact, several small business owners claimed that they
had located their business close to Laurel St. because thev felt that being close to the Farmer's Market
would increase their business. . .
Although some businesses touted statistics showing that their revenues had decreased since the Farmer's
Market arrived on Laurel St., none of their presentations were unbiased or conclusive; Their conclusions
were based on assumptions (i.e. they assumed that their business had decreased because of the Farmer's
Market without accounting for other factors thatcouJd have negatively impacted their business).
]t is unfair to close down the Saturday market based on assumptions. It is also unfair to ignore the
businesses that feel they benefit from the market being on Laurel St. - not to mention the limbo it puts the
farmer's Market in. ] say the Farmer's Market should be allowed to continue using Laurel St. until the
Commission comes up with an unbiased way to ascertain whether the majority of the businesses
surrounding Laurel St. want it to remain or go elsewhere.
Sincerely,
-6=--..~
Beth Loveridge
PO Box 2565
Port Angeles, W A 98362
..
10/28/2{)OS J PM FROM: fay. T{): 360-417-4711 P1>.GE: or 'F002
[@ IE ~ ~ n WI @ fm I
u liE - - = ill!
_OCT2 B21X5 J
CITY OF PORT ANGELES
Dept. of Community Development
I am writing to share my support for the eh1ension of the Port Angeles Farmers' Mar'et'S
conditional use permit. The market has met the conditions as required by them. The
city's planning documents speaks directly to having a farmers'market downtown on
Laurel St. The P AFM's permit should be renewed for another three years so that both
their \\7 ednesday and Saturday market permit coincide.
As both a member of the Farmers' Market Board and a vendor at the market, I recognize
the importance of stability for the market. The P AFM needs to be in one location for
three more years so that it can focus its time and energy on projects such as permanent
location sites, building our vendor base and increasing community participation, rather
than trying to figure out where it is going to be located and rebuilding its customer base
as it gets moved around.
I remember moving from the court house to dovmtown. It took over a year for some
customers to find us in our new location, and to get into the regular routine of stopping by
for their weekly vegetables. As with any business, changing location often results in a
loss of customers. Similar to other businesses in the area, the Farmer's Market is
entering its holiday shopping season, followed by its slowest, coldest, time of year. If the
market was forced to move from its current location, it would suffer greatly.
As on organic produce vendor at the market, I depend heavily on the market to make
ends meet on our farm. Moving to a new location and risking a loss in our overall
customer base has the potential for a huge loss in our sales, which our farm can not
afford.
To the Planning Commission:
The farmers at the P AFM bring quality, nutritious, healthful produce YEAR 'ROUND to
the city of Port Angeles. Our farm grows food 365 days a year, which means the people
of PA get to eat 365 days a year. As global climates change and the world (especially the
USA) begins to react to having surpassed our peak oil production, we will be forced to
rely more heavily on local sources for our basic needs, as it will be too expensive to ship
them in from all over the world.
In the last six months alone, I have witnessed the 5 fold increase in the cost of shipping a
box of produce from California to Washington. As our operation's wholesale accounts
manager, I am keenly aware of the fact that the cost to import food onto the Peninsula is
going to continue to rise, while our potential to grow our own food and meet our own
community's needs is ever-present. By supporting the Farmers' Market's current
location, you support local farmers' ability to continue providing our community with a
secure food source. This resource will be priceless in the future and will playa key role
in the future health and wellness of our entire community.
The City of Port Angeles should actively support the Farmers' Market, as cities allover
the country have support their local markets. I ask the Planning Commission to make a
commitment to building the infrastructure necessary for the grov.1h of a strong market,
rooted in its downtown: extend the PAFM's permit for 3 more years.
Thank you for your time,
Kia Kozun
Nash's Organic Produce
1865 E. Anderson Rd.
Sequim, W A
98382
360.681.74'58
City of Port Angeles,
Planning Commission
32] E. 5th St.
Port Angeles, W A. 98362
!R1~[;~~~~~
OCT 2 E 2005
CITY OF PORT ANGELES
Dep1. of Community Development
Dear Planning Commission Members,
As business owners on Laurel Street, we have come to fmd that the Port Angeles
Farmers' Market is a real asset to the downtown area. We have noticed a significam
increase in foot traffic (approximately 300%) into our Art Gallery during the-hours the
market is open on both Wednesday afternoon and Saturday mornings. This traffic gives
our new businesses exposure that it would not receive otherwise. As a matter offacl,
having the market located on North Laurel was one of the determining factors in the
decision to open our businesses, first upstairs in the Morris Building, and later in a store
front at 1 06 N. Laurel.
We not only have established a new art gallery, Weslev's Fine Arts, dO\vntown, but
Wesley's Income Tax Service is operating out of the same address, and soon will be
opening a local office for insurance. A recent article in the Peninsula Daily News reported
that our county sales tax revenue was in the "black" due to the.increased retail activity.
We feel that The Port Angeles Farmers' Market has been a direct and an indirect
contributor to this fact.
We support the continued operation of the market downtown on Laurel Street under the
conditional use permit. The market artracts people to the downtown and makes them feel
welcome. 1t makes the downtov.rn a unique destination. We support the extension of the
Conditional Use Permit to operate the P.A. Farmers' Market for another three years.
Sincerely, .. 1\
~~ ",~1 t, l}J,
,~/7 . '/f
~. (
eggy L. esley and Paul E. Wesley
Wesley's Fine Arts
Wesley's Income Tax Service
] 06 N. Laurel
Port Angeles, W A. 98362
Members P.A. Chamber of Commerce, P.A.B.A. and P.A.D.A.
. ,
October 25, 2005
.~ IE ~ IE ~ W IE [)1'
1 Den B 2005 1
CITY OF PORT ANGELES
Dept. of Community Develop~.
Planning Commission
321 East Fifth Street
Port Angeles, W A 98362
Dear Gentlepersons:
We are strongly in favor of continuing to use the Laurel Street location for the Port
Angeles Farmers' Market. The increased foot traffic in downtown Port Angeles during
the Farmers' Market can only be beneficial to ALL downtown merchants.
Even if someone' s sales decrease during the exact bours of the Farmers' Market, the large
number of pedestrians shopping and exploring has to be beneficial in the long run. When
people come to the Farmers' Market they see bow easy it is to park and walk around the
downtown area They're apt to discover some sbops that they didn't see wben they were'
just driving through.
One of the ringleaders against the Farmers' Market is a restaurant oVllJler. His place is
usually empty. Right across the street is another restaurant which is usually full. If
closing Laurel Street several hours a week is having a negative effect on one restaurant,
why isn't it having the same effect on the other restaurant also? If your business is going
downhill, it's easy to find a scapegoat to lasb out at; but it makes more sense to see what
your competitors are doing and figure out wbat you could be doing differently.
During the August meeting of the Planning Commission, there was a clear bias against
closing Laurel Street for the Farmers': Market. People speaking in favor of the Farmers'
Market (and they were the vast majority of the audience) were constantly interrupted 'with
"focus," "getto the point," ''time's up." The merchants who spoke against the Farmers'
Market (all 4 or 5 of them) were allowed to dither and ramble on endlessly, without ever
being interrupted or given a time limit.
Let's try for a more balanced approach during the November 9th meeting.
Sincerely,
~ ~ t.fl;U4:W "ft~"Y~
rom and Catllerine Harper
122 West First Street
Port Angeles, WA 98362
360-417-5222
Port Angeles City Planning Department
Sue Roberds, A-ssistant Planner
P.O. Box 1150
Port Angeles, Wa 98362
l!ffi IE ~ ~ ~ IYllE ID1I
j Den! 2005 J
CITY OF PORT ANGELES
Dept. of Community Development
October 25, 2005
Re: CUP 03-06 Port Angeles Farmer's Market (P AFM)
Dear Sue,
Given the up-coming "re-hearing" of CUP 03-06 concerning the Port Angeles
Farmer's Market request for an extension to the Saturday market conditional use permit
and the 'closure of Laurel street, I thought it pertillent to remind city staff that a new
SEP A Checklist is required for this application.
Since 2002, the City has failed to conduct any fonn of environmental impact
sTUdy for the closure of Laurel street on dO'wntown merchants including but not limited to
a traffic analysis or an analysis of alternatives to the Laurel Street site. Furthermore, the
City Departrrlent of Community Developmel1t (DCD) failed to base their analysis on the
"worst case scenario" given the lack of traffic information available during the review
process as required per \71,7 AC 197-11-080 (1), (3)(b). Though discussion of the need for
traffic and economic impact analysis had occurred on numerous occasions by City staff,
lhe Planning Commission and the City Council, no studies were ever conducted nor was
lhe State Environmental Protection Act Policy, Rules and Procedures ever applied.
Furthermore, use of an existing docUIp~nt, specifically DNS#951, was not proper
because the elements under review had significantly changed. The use of an unrelated
document is prohibited per RCW43.21C.034. By having relied on an unrelated SEPA
Checklist that did not allow a comment period and combined with the City Manager's
legislative and policy decisions regarding CUP 02-02, there has been no means within the
SEP A and the Conditional Use Permit review process for supplemental environmental
review of CUP 03-06. Providing exclusive use of a public right-of-way to a private
organization without review constitules a gift of public property by the City Council
lhrough the unchecked actions of their staff. Finally, regardless of the violation of SEP A
Policy, Rules and Procedures and the WAC, CUP-03-06 expired on May 15, 2005 for
failure to apply for an extension prior to the expiration date.
Given the issues] and other merchants have raised during recent months, it would
be prudent of the City to conduct the necessary reviews as I have requested. Failure to
conduct a formal SEPA review on CUP 03-06 will result in a legal challenge.
SEP A Review Request for CUP 03-06 - J.A. Gardiner
1
With Regards,
..
Julie
M an's Shoes, blC.
1 0 E. First Street
Port Angeles, Wa 98362
(360) 457-7140
Cc: Craig Miller
Miller & SJjea
711 EFron: Street, Ste. A
Port Angeles, Wa 98362
Megan Jones, President
Port Angeles Fanners Market
525 East lOlh Street
Port Angeles, Wa 98362
.";~'...~,.....,..."...
Port Angeles City Council
Mayor Richard Hedrick
. P.O. Box}] 50
Port Angeles, Wa 98362
SEPA Review Requesl/or CUP 03-06 - J.A. Gardiner
2
Port Angeles, WA 98362
lPrt lEt IE n \YJ IE JD)
[ DeU 6 20051
CITY OF PORT ANGELES
Dept. of Community Development
July 29, 2005
Port Angeles Planning Commission
321 east 5 Th street
Port Anaeles, WA 98362
Dear Sir or Madam:
Each week the City of Port Angelet allows the closing of Laurel Str.eetbetween
First Street and Front Street on Sa1Jrday mornings and again on Wednesday
afternoons to accommodate the F c:rmers Market. I have experienced a drop in
sales of in excess of 20% each anc' every time the market sets up. It is my belief
and experience that the closing of Laurel Street on a regular bases hurts the
downtown for several reasons.
1. The closing of Lau~el Street disrupts the flow of traffic through
the downtown, making local customers avoid the downtown. When
Laurel Street is closed the light at First and Laurel still changes; this
inconvenience can beck up traffic all the way to Valley Street. This
is not good public relc:tions for the downtown -- we should
encourage, not discourage the residents of Port Ang"eles to shop
downtown.
2. The Farmers Market does bring business to the downtown, but
from what I see most of that business is destination customers for
the Farmers Market (who would go wherever the Market was),
taking up valuable parking and inconveniencing our own
customers. Tourists are a nice bonus but we have to be most
respectful of the local customers that support us year round.
3. There are 16 parking stalls on Laurel Street used by the
customers of downtown businesses. There is not enough spin off
business from the Farmers Market to justify the loss of this valuable
parking. According to the Downtown Association "on str.eet parking
is worth $200-400 dollars a day per parking stall;" this makes the
parking on Laurel Street worth $3200-6400 a day. I do not think that
the Farmers Market generates that much spin off business for the
merchants in the downtown.
4. Rick's Place (formally The Harbor Cafe) has the only public
restroom between Firft and Front Street. The Market shoppers and
the venders seem to Expect unhindered access to the restroom
facility. This is unfair to -expect Rick's Place to supply the sanitary
facilities for Farmers Market. Last year the planning commission
requested that signs be placed directing people to the facilities west
oftaurel Street.
5. The Farmers Market is inconsistent on its hours of operation; all
winter you never knew from week to week when they would set up -
- the times changed each week.
6. The Farmers Market is very inconsistent on how many vendors
show up each week; ther~ may be five or there may be fifteen.
7. At last years Planning Commission meeting the Downtown
Association and the Farmers Market Association were asked by the
Planning Commission to do a few specific things:
a. Restroom signage directing people to the existing bathroom
facilities that the city maintains in the parking lot by the Family Shoe
Store, to try and direct the use away 'from the merchants (thls has
never been done)
b. Address the street vendors use of on street parking (this was
only addressed the first of July)
c. The Downtown Association and the Farmers Market Association
were asked to meet with the downtown merchants that had
problems and concerns about the Farmers Market, and/or the
closing of Laurel Street. This has never happened. The Downtown
Association started to lorm a comm"rttee to address the problems,
but failed to follow through, once again ignoring the concerns that
downtown merchants have about the closing of Laurel Street.
The Farmers Market Association and the Downtown Association have 'for the last
three years ignored repeated requests that I have made for help. Both
associations talk about how good it is for the commonality, yet neither
association can or will show us how to make it work for us.
The Farmers Market could be an asset to the downtown business community,
drawing new customers and entertaining the existing ones; there is a place for
street vendors in Port Angeles. This community needs to welcome different types
of merchants, but not at the expense of existing, long-term businesses. But the
regular closure of any street'ln the downtown sends the wrong message to the
local customers. The message that we want to send is that we are a friendly,
convenient, accessible place to shop, not one of closed streets that make getting
around the downtown harder.
The final and significant factor in this discussion is that the merchants of
downtown Port Angeles make capital improvements to their businesses, they hire
.
employees and pay for city utilities and taxes, and make their own livelihood from
their bl,J,sinesses; all of which support this community far more than the returns
from the Farmers Market. In addition, the loss of sales during the Farmers Market
it'hurting many of the businesses to the point that they are considering relocating
out of downtown or closing altogether. Is it fair to put the interests of a small
group of 2-day a week vendors above the interests of the established downtown
businesses?
Rickey D. Mathis
Rick's Place
Restaurant & Lounge
102 West FrontSt.
Port Angeles, WA 98362
{~-
\.../ ~--...,.
. .
fPrl ~ (G ~ a \Yl~ ID
L NOV - 22005 ]
CITY OF PORT ANGELES
Dept. of Community Development
November 2, 2005
Port Angeles Fire Department
102 East Fifth Street
Port Angeles, WA 96362-3014
Dear Dan;
This letter is a summary of our conversation yesterday when I voiced my concerns regarding the
closure of Laurel Steet to through traffic.
The closure of Laurel Street impacts the the entrances to eleven out of thirteen tenants in my
building. Laurel Street is the only entrance.
When Laurel Street is closed it creates a potential safety hazzard to the public, vendors and
business owner's, as well as my building in case of fire or other emergencies. Even though the
portable enclosing barriers are removable, it would create a very dangerous as well as life
threating situation when time is of the essence.
Cherry Street, between First Sreet and Front Street, would be a much more logical location for
" street closure activities" and would not impose the safety concerns or life threating situation
Laurel Street presents.
Thank you for your consideration in this important matter.
--e-lwu..- ~
Diane Markley '-J
August 8, 2005
r lR1 J ~-fEfWTrryI
1 NOV - 22~ l!dJ
CITY OF PORT ANG
Dept. of Community Dev ,ELES
e opment
Port Angeles Planning Commission
321 East Fifth Street
Port Angeles, WA 98362
COpy
I am a building owner and tax payer on Laurel Steet which extends from First S1.
to the alley. Laurel Steet is the only access I have to the entrance serving the
upstairs of my building. When Laurel S1. is closed to traffic and parking. two
times a week it is very limiting and inconvenient to utilize my second floor. Even
though I support the Farmer's Market I am opposed to continuously working
around their schedule. I feel it is time for the Farmer's Market to take
responsibility and be open minded enough to explore a new location.
When Laurel S1.is closed it impacts all traffic, local and tourists. I am in favor of
leaving Laurel S1. open for public use 24/7.
Thank you for your consideration.
Diane Markley
- .
.
:.!ifDJDJD -~-f~-fW7lE .fORl[
Hf11r .~- IUJ
I L AUG I C 2IlII5 J~I
:: '1~ITY OF PO~T ANGELES .
L ... "pI. ~r,.?~.~!!.~~ Developmenl. ,
--...-..-----.;
PETITION
. TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING C01v1MISSION
The undersigned - a sometimes shopper in downtown P0l1 Angeles - finds the
regular closure of Laurel Street between Front and First Streels to be a significant
inconvenience detractinQ from mv shoDoinQ exnerience. inhihitin() Rnrl rli<:rr\11r~rt;nn .,.,..."
_ ." J..'" -' J,. ~. ......::'----...-..-----.-e.....,::>......,1J
shopping downtown.
Name / Signature
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PETITION
m\ i~ ij~ f~ H \\[j i~ Jr,\
:'""< I!::> I'y'l ~ U ':'1 !..!::; lUI
! [1\ r----'"----'- 1
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I AUG 1 C 2005 \.
CITY OF PORi ANGELES
. :'~r' ~1 G'~mmtlni~~~ ~:?~!Cr:!'i~!;~
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLAl\fNING CONIlvlISS]()N
The undersigned - a sometimes shopper in do\.'mtown Purt All~-:IeS -- finds 1hl:
regular closure of Laurel Sb"tel between Front and First Streets to be a significant
inconvenience detracting from my shopping experience, inhibiting ancl c1iscouruginll m);
_ C>
shopping downtown.
....
Nmne f'iJ
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PETITION
r~ -tE ~ ~~ fr@l-fR\[
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I j AU61C2lI5 i-j
.,CITY OF PORT ANGELEC!
}...,Io'''om ..".. '"'
L \7,.... .~ "":. ,. mtH,IT" &..p.~/eIOpm~!;:
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING COMMISSJON
The undersigned - a sometimes shopper in downtown Port Angeles - finds the
regular closure of Laurel Street between Front and First Streets to be a significant
inconveni~nce detracting frjD?- my sh.,?pping experience, inhibiting and discouraging my
shopping downtown. Y/a::tlt.~ .
Name / Signature Name / Signature
.
PETITION
-.,
:"fR)-~ Ir~ ~.Ii-\\ir-~ r~
! i Fi"\ ~!~~J-5'--.S.11 Ii
HI UI . IIL.l/
,- i AUG 1 0 2005 i ~ f
! . I:
, CITY OF PORT ANGEIl=S '
;:.~<;.!"!t. ,=,,1' (:,,!rH!H.lr1itu r.j~~Jt--ir.';;,-'-'
TO: PORT ANGELES CITY' COUNCIL
PORT ANGELES PLANNING COI\1MISSJON
The undersigned -: a sometimes shopper in downto\'Vn Port Angeles - finds the
regular closure of Laurel Street between Front and First Streets 10 be a sif,rnificant
inconvenience detracting from my shopping experience, inhibiting and discouraging my
shopping downtown. .
CCdd~. .A'd.
}~ ~e .
,." :.in.....' ~'"~"cu--e
Name / Signature
Q/'L,
?D~ /gR3~
&;t ;), ~cj &, fit
,
L/(f; url~t!i/j/ eN
~I/i ,/!,/I/{ft.Gj
. .
PETITION
\lff~I[lf~ - ~ lID) \
~ u ~ AUG 1 02005 J I
\ L . . I
, CITY OF PORT ANGELES .
;;.,,:\\. r.f c.Qmr:1lJ!ilt\l Develonrrr::-_
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING CO:MJv.l1SSION
The undersigned - a sometimes shopper in dmvntown P0l1 Angeles - finds the
regular closure of Laurel Street between Front and First Streets to be a sif:,'1lificant
inconvenience detracting from my shopping experience, inhibiting and discnuraging my
shopping downtown.
Name /Signature
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PETITION
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, ; frS r~ If\.' \s \\ ,\,n \~ \i\\ t
: ! :-J,.J Ib \,Sj b U \:I ~ II II \
1..11 'ro",' ."'.---~-~._--, I U I !.
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- t AUG , 0 200S i l
L \ .
,-:-:-\1 nF PORT A.ND.i=\ p..:,
:. \"':,:..,' ~_~. r:,:.'''r'' :Ir-::,in: !~::.~..;;!;:~~~;.:--
,-
TO: PORT ANGELES CITY COU!\fCIL
PORT ANGELES PLANNING COMMlSSJON
The undersigned shoppers doing business in D('mtown Port Angeles
Strongly object to the regular closw'e afLame] Street ben'';'::','l Front and First Street and
the disulption of.a well established and recognized traffic v.:ern and loss of streel parking.
Name/ signature
i" ::1dress
~
f\"'.~. ('f\. i..LL c../Z \.J-,~
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PETITI ON
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'"' Li AUG 10 2005 i-'
I !
CITY OF PORT ANGELES .
~",\.;:,i. r,i Cf.ltTtmtH:i~" n~"f":.;~r,nrr,.,::"
-'--- . .
,.
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING CO:rv.t:MISSION
The undersigned - a sometimes shopper in downtown Port Angeles - finds the
regular closure of.Laurel Street between Front and First Streets to be a significant
inconvenience detracting from my shopping experience, inhibiting and discouraging my
shopping downtown.
Name / Signature
'PttbOl"4Avi: Rt.W-.;. P ~.
J ~R-\ MIL'-~~ :;:L~~
Sn -0
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\. 'SR '2... \.N'DOb~A..JE-10
Pv.Jc~LG<:; WA 9~lo~
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PETIT] ON
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I jAUG.1 0 2005 t.- i
1 CITY OF PORT ANGElES !
; [;opL of Community Deve!or,mp.n, 1
---.---........ . ,..-. ..._-
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLA]\.TNING COlv1MISSION
The undersigned doing business in Downtown Port Angeles and members of the
Downtown Association strongly object to the regular closure of Laurel Street betwe.en
Front and First Street and disruption of a well established and rec.ognized traffic pattcm
and loss of street parking. Uthe Downtown Association SUpP0l1.<; regular closure of
Laurel such position is not representative of the undersigned members of the Association.
Name / Signature .
j 1rAtJ kw'PaP
.' .:f2~""./:;~
/,:;//'" . g. <
..3 /' .~
Business Name arldAddressj
L~_)o..,~ \ '1~ _~.
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7 //t . . -;:-p,,}-I/ is. I' .
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.
.
~ .
PETITION
r~ ~llri~'~..11
I I AUG 1 0 2005 I !
f ~CITY OF PORT ANGELES I
~~!.~~mmlJnjty De"el('nrT;~~~ f
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING COMMISSION
The undersigned doing business in Downtown Port Angeles and members of the
Downtown Association strongly object to the regular closure of Laurel Street between
Front and First Street and disruption of a well established and recognized traffic pattern
and loss of street parking. If the Downtuwn Assodation supports reg-ularclosure of
Laurel such position is not representative of the undersigned members of the Association.
,r,
V
.-'"
'-'
Business Name and Address
J'J? {1111-.....1 !.f i '3 ~ € ~ C/J-L:T '5/
.~..~--~
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V r t:-""{7:Jl" [4 EK/J fA. 6~9
1
.
Aue; 02 U~ Ll:crp
PETITIO},
__.__.c.........""--_.__...
F'D~ ~ rrL"~ fb /"'1: 'VI ~ fF)'\
'I [f; 11.1') b L \:J ~ II I
f\ ..-. , LJI
!Jill . !L.
I AUG 1 0 2005 J
CITY OF PORT A.I'JGELES
:. '~r.,~. of C(l!:1~!!trdhi [.::~~:;::(11'''r'''!'
_.~'___.._h
TO: PORT ANGELES ClTY' COUNCIL
PORT ANGELES PLANNING COlv1i.AlSS10N
Th=: undersigned de.ing b~lsiness lJ: DO\YJ1!OWn Port Angeles ll!ld mt:.mb~rs of tilt:
DowIlt:l\VI1 Associatjc,n strongly object to the.regular closur=: Jf Lamel S~Jcet b;:twet.:J,
Front a.nd First Street and disruption of iJ ',;,'ell eSlablished and recognizee! tmiTc. pattern
and loss of stree1 parkbg, lfthe Downto'l'n As.5ccialioJl ';;Up?Ol't!; regular closure of
LauT:l such position is not represt:.nti::tivt of the lmd::rsigned members of t}lt~ ?_Ssoc:.i,tlio!l,
f.,~
.' / I -
/ ,:;, /}h.' ' '_ . _ ,4-7 j~ PL 7'1rU ~ lli)1)~
JkM j;{i ..-~
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Nam.e"J Sigrlature
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rt j,~a-~
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Business Name and Address ~
{(q~ ~~
_.~ ~"Ch~'1 ~ _n
_~A-I 'JJMJ-t!. t=-~~..___.
__ rv.l t.-!. IJ C. ~ L-.1!....__L,(j-_____.
, , tA./J.~ LJ
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PETITION
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r'c,':!c f
r"- .........
U~D IE lG ~~U-W fE rrn'
Hn 1--- U;;; I
r, I I
,- -L AUG t 0 2005 ; ~ !
ji ....r-ry J I
.. ~.~~,' ,,~F PO~T ANGELES !
.--:.:._:fj: ..C'mrnlmltll Del'eiollmo.nl )
:.:~".
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLA.NNING COM1vllSSION
The undersigned doing business in Downtown Pori Angeles and members of the
DOWlJ.tovvn Association strongly object to the regular closure of Laurel Slreet between
Front and First Street cmd disruption of a well established and reco!:-'l1i7..ed tru.1Tic pattern
and !e.as of ~t!~ct p~ki!1g. If the: Dc\.vr;.W\~'n P~:;:;oc1at1Gn suppurts regular oiosurc of
Lll.urel such position is not reprcsentstive ot'lhe undersigned members of the As~nciation,
Name / Signature
L-c..~- At,~c.oc~r
..1:.. ~ .-^ I t\ ~\Oj) ;..
...r..."~ \
~~r~;it /lft{L< ,
IL ?). ()?~~, h.' tUlh LJJL1gi2
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r=F; ;1 ~ A 1\ () '. ~ . /
~'-'l J01i It' " .
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Business Name and Addn::ss
b 6~ V\ S~(\~...:.,
\ r;).. c.,- ll."'l , \ <;~ c:,+ \? . f:4., \'".J c....
~~~r;;;,"cd, .
~Ullli--~lll(., : Ie Tl~
~ I../.d, L,0, I I rL.-~ \ .j,.:! _
'll~ C ~jr.'lf PAJtk
j i Y' ,Ll/ I~-r
~\AJQ)'~ s \{J&t" 1/
/"M W i.'rf::-
CcI;'~J I
/J 0 tV. O~ 1(.
Ev vaW\t5 L{(l /tv (4~J \.f
~JL.( W I j:V
.~ufJ / !J
~~~ /I~,
~;-~c>n1 .S~
:l..)... f \/v'~.f'" /"..,.,- Jh
~
I. I Lit $(1;,'..,-
· 4
PETITION
rll[s)-i~'-((iJ J;:~n-~' 1"1 fE '
; iRI~_~_l~U V!J ~ ffTll
I:J U! I lUll
[ (AI'" 10 .. 2'-05 \ ~
; i I.UUi.U'U-1 f
\ f i . . !!
'\:' _~.~!Y,9F POR.T ANGEL~C: I
. ........' r;:,.f'tt.'H"''11I''Jfvl') I -...
'-:'_:., ..' ...~1. , . ~Y9!ODm~!:: ;
-- ----:.
TO: PORT ANGELES CITY COUNCIL
. PORT ANGELES PLANND-.JG C0M1\lISSI0N
The undersigned doing business in Downtovvn Port .Angeles and members of the
Downtown Association strongly object to the regular closure of Laurel Street between
Front and First Street and disruption of a well established and recognized traffic pattern
and loss of street parking. If the DO\.vntown Association supports regular closure of
Laurel such position is not representative of the undersigned members of the Association.
Name / Signature
Business Name and Address
~:' .
;~
,:
!
~t)(."Z\ ~.f\:t~ I OC'Y..-if'IL ~'V~ L...1....r<=:5.
iI' 'C.<>,~r~ ~ 7ol:\.c:r<::~1 L..!lIJ C;G'::I<>,-
/]
f O/?T .ffl-.J7 t If~ ~11':.p It 07''-'0,-
Z/ v c... J0 L/k.vr'i:.( P r;-.' UJi-f-J 9 ~5 t;. C
Q..cx~ Ie""" ,.... \ t ~ ~c:;\
,"\,'\ L ~'l.Q~+ .
.:..;...:
.~ ..: ;1'1 f}t2..t
, ,
~.;'F::? ::'D-Q..I~ ~,< ~~D
.~'. ../ -~J.,J'1 W,? ,1 ~ /;;ST- _\,,~ I ..~ ~~.'1 -
c..Lc.liCl..Lul k:c G- )"LL3~R..'(
~~:~ ~f~V1' ~V€-
ct;::~~ [..lJ~1h [))r6\ a;/?1
/ )
/
I .
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':rfl< c; &6~
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./~ I/,f-b~ .~"S
-' !:..::..:
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.
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l~; '1-1
"'''.f 4
PETITION
r"'---"
IlPrlrfE rr;,~ ~ W fE,1Ol1
I f AUG 1 0 2005'1 ~ f
: .CITY.OF PORT ANGELES !
~'e"f ,,- r'om 'j D '
~~,:,' v ~,rnl!r:!{ e~e!opmf'nt f
TO:' PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING COMJ\11SSION
,)Ie
. I tv"
'~ t~)1- '
\\,... \ I
'\ ~
The undersigned doing business in Downtown Port .Angeles and members of the
Downtown Association strongly object to the regular closure of Laurel Street between
Front and First Street and disruntion of a well established and recol!nized traffic natt.ern
. -'
and loss of street parking. If the Downtown Associmion supports regular closure of
Laurel such position is not representative of the undersigned members of the Association,
Name / Signature , I (
'JC/tLWATf-1Jm \){(\if~1J'~
,l _ -fJ f2 -r d I j/,<
?~5' ~ ~~
, u,'ic;2 ~ iLJdwZ
-r y;;' ...
,,' ;.{-/ fL 0-
r:7" :~:, \'\'~"O-.o
,.~j L. rl1 / 1# J.,,/ e
,-: r U -':"7 .jrJJ--U.'--r
~
'If ,/17 0/-'
Business Name and Address
~-fJ0)U\LL& C!DTI;If{zC,
JZ7 _ u j 9r 57
JJL /A.# 1J !/ 5
r1Il FLA-bS
1fJ}U8L
.
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PETITION
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TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING COlvlMJSSION
The undersigned doing business in Do\vnto\vn Port Angeles and members of tbe
Downtovm Association strongly object to the regular closure of Laurel Sm:.et bet"vve.en
Front and First Street and disruption ofa well estnHished and rec.ognizt:cl'traffic.pattem
and loss of street parking. If the Downtown Association suppons regular closure of
Laurel such position is not representative of the uD2ersigned members ()fthe Assoc.iat ion.
Name / Signature
Business Name and Address
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f AUG t 1) 2005 J I
. C!Ty.oF PORT ANGELES I
~r~: r,' Cr>mrnllllity De'lelopm!!~j!
PETITION
TO: PORT ANGELES CITY COUNCIL
PORT ANGELES PLANNING COlvlMISSION
The lmdersigned doing business in Downtown Port Angeles and members ofthe
Downtovm Association strongly object to the regular closure of Laurel Street between
, Front and First Street and disruption of a well established and recognized traffic pattern
and ioss of streetparking. If the Dovmw\'.,rn Association suppons regular ciosure of
inurel sllch position is1lQ1.representative of the lmdersigned members oftlle Association.
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The Honorable Leonard Rasmussen
Chair of-the Port Angeles City Planning Commission
Dear Sir:
t@ ~ lr~ [E /1 WI fE rR'd
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AUG - 2 20115 iSlj
~,~ITY,oF PORT ANGELES I
L1cpt. 0, Community Development
I am writing this letter as " downtown business o'wner to express my support and
solidarity for the Port Angeles Farmer's Market. I feel that the continual presence of
unique crafts and fresh, organic, locally grown produce is a tremendous asset. This
brings people downto'WD OD a regular basis, and has strong, positive, economic
repercussions in the downto'w]J retail core. Our business directly benefits from "spin off'
business from people who shop at the farmer's market, and then come in and shop at our
store. We can accurately predict on any Saturday when the market has closed as we
notice a dramatic drop off of customers after 2:00 p.m. when the market has ceased
operations.
I believe the Farmer's Market to be a dynamic resource in keeping downtown Port
Angeles an attractive and exciling place to shop and visit
Thank you for your consideralion of this important issue,
Sincaely, tr:1~
Larry BroVl1Jl
Brown's Outdoor
112 West Front Street
Port Angeles, WA 98362 .
(360)451-4150
'''esley's Fine Arts
1 06 N. Laurel
Port Angeles, WA. 98362
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L AUG - 2"2005 I ,
I
CITY OF PORT ANGELES
De~~!9.~~,mllnlt~. DeVlliOpm?~~J
Port Angeles Farmers' Market
PO Box 336
Port Angeles, W A. 98362
Dear Market Organizers,
As a new retailer on Laurel Street, we have come to find that the Port Angeles Farmers'
Market is a real assetto the downtown area. We have noticed a significant increase in
foot traffic (approximately 300%) during the hours the Market is open on both
Wednesday afternoon and Saturday mornings. This traffic gives our new business
exposure that it would not receive otherwise. As a matter of fact, having the Market
located o:p. North Laurel was a determining factor in the decision to open our businesses.
We not only have established a new art gallery dO\vntown, but Wesley's Income Tax
Service is operating out of the same address, and soon will be opening a local office for
Modem Woodmen of America. A n:cenL artide in the Peninsula Daily News reported that
. our county sales tax revenue was in the "black" due to the increased retail activity. We
feel that The Port Angeles Farmer's Market is a direct and an indirect contributor to this
fact.
We support the continued operation of the market downtown on Laurel Street. The
market attracts people to the downtown and makes them feel welcome. It makes the
downtown a unique destination. We support the extension of the Conditional Use Permit
to operate the P.A. Farmers' Market for another five years.
GZ~~
Peggy 1. Wesley and Paul E: Wesley
Local business owners,
Members P.A.B.A. and P.A.D.A
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I AUG - 2 '2005 '-I
I CITY OF PORT ANGELES I
f D'30t. ~!,g.~1.r:I~,I~.n.i:IY Develoorneni i
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Port Angeles Farmers' Market
P,O. Box 336
Port Angeles, W A 98362
Dear Market,
The Port Angeles Farmers' Market is a real asset to downtoV\lJ1 Port Angeles. We
notice a significant increase in foot traffic during the bours the Market is open on
Saturday mornings. That traffic gives our business exposure that it would not get
otherwise.
We support the continued operation oftbe market downtown on Laurel Street.
The market attracts people to downtown and makes them feel welcome. It makes
downtown a unique destination. I bope that the Planning Commission will extend the
Conditional Use Pennit for five years.
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Board of Directors
2005
Jet:: E~'~'~ - Pr~:id~~!
. PeninsUla Daily News - 417-3500
Sandy Long - Vice Pres ident
ltt)' bitty BUZZ -'452-9010
Kristin Tucker - Treasurer
K, Tucker Accounting - 452-9749
TelTv Roth - Secretan'
Northwest Duty Free':' 452-8556
Evan Brown - Director
Brown's Outdoor- 457-4150
Barbara Frederick - Director
Individu...ll Member- 452-2998
Jariice HllJ'bick - Director
Five SeaSuns - 452-8248
Jack HnlIDon - Director
Victoria Express - 452-8088
Mar]ene Hulett - Director
Regence Blue Shield -,4] 7-8308
Je]orma McClean'- Director
PAFarmers; Mnrket-457-6186
, Edna Petersen - Director '
N~essities &. Temptations
-457-6400
Cb8rles Smith - Director
Lindberg and Sni!th - 452-61]6
Kevm Thompson - Director
Famiiy ShoeStore-452~3741
, '.
Sta1f - ArIa Holzschuh -'457-9614
105% East First Street
=!O.Box 582
jor! Angeles, WA 98362
)hone: 360-457.9614
:ax: 360-457.9614
:mail: pada{%lypen:com
~. ORT ANGELES
~ ~Afxft;vJ-X
ASSOCIATION'
juiy 13, 2005
Planning Commission
City of Port Angeles
PO Box 1150 '
Port Angeles, W A 98362
Dear Commissioners,
tUjBJO lE7~lfITr0.Tj~-'n~"i:
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I LJUl 1 8 2005 ! -.' J
J C'TY J r
,: ~:i'~f '1,OF ~ORT ANGELES I
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The Port Arigeles DoWntown Association Board of Directors unanimously
supports the recommendation of the Association~s Parking Committee to
provide the Port,Angeles Farmers' Market up to twenty-five (25) parking
permits; each month, for use in the City of Port Angeles parking lot D.
Permits will be purchased by the Markefand distributed to their Saturday
vendors. '
the Port Angeles Fanners' Market has provided an economic
, development opportunity for fanners" artists, 'and downtown businesses
and have created an event that attracts people to the downtown area.
If there is any further information we can provide, please con~act me at
(36,q) 457-9614. . ,
~~~
.ArIa Holzschuh " " ,
Executive Dlrector
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July 30, 2005
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I AUG - 2 '2005 i li:V I
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I .CITy.oF PORT ANG~L~t: I
J ~Iept. 01 Community De~eiiip;~n: ,
Carrie Sanford
224 W 7th St.
Port Angeles, WA 98362
To 'Whom It May Concern:
I was stunned and saddened to hear that there are members of our community that do not
want the Port Angeles Famlers' Market to continue at it's current Laurel Street location.
As the market has grown, so too has its base of customers. 1 have delighted in watching
the market (and in turn, downto'wn) become a destination 'with seating, music and food.
Studies have shown that farmers' markets bring more foot traffic and therefore more
customers to downtown areas where they spend their money in locally owned businesses.
They have been integral in the revitalization of many downtown districts throughout th'e
country .
Our market brings a much needed sense of community, life and fun to our dov.'Iltown. It
is fast becoming the heart and soul of Port Angeles. 'What a shame it would be to see the
Market get moved or only allowed to continue dovmtown on Wednesdays. 1 can only
hope that enough supporters of the market (like myself) will express their wish to see the
market continue to grow and flourish in its current location on Laurel Street.
Thank you for your consideration,
i~~,
Carrie Sanford
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July 28, 2005
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CITY or- POR - I
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Port Angeles City Council
Port Angeles Planning Commission
321 East 5th Street
P.O. Box 1150
Port Angeles, W A 98362
Dear Council and Plamring Commission Members:
I ani writing to object to the regular closing of Lamel Stree1 bet"v.reen Front and First
Streets. I am not writing to object to the Farmer's Market as I believe it is a good thing
and just fine to have it located downtown. I do not believe, however, that it should be
, , "" -located'oD one of only tr.Jee dO'WIltovm streets that providedece!1lnortb-to-soutb and
soutb-to-northpassage from the major downtown core to the waterfront.
I am a downtown property oWner and I feel that property O'WIlers' voices need to be heard
as well as business owners'. I lmow how difficult it is to find tenants for a dovmtown
location. I also know how difficult it is for a downtown business to succeed.
Property owners are not members of the DowntoWD Association, unless they also happen
to be business owners. I am estimating that the majority of businesses in downtown Port
Angeles are leasing their space and that relatively few property owners actually have a
business downtown. Downtown property owners who do not have a business downtown
are not members of the Downtown Association and have no voice in policies it might
adopt or the,decisioDS it might make.
1. Large field immediately east of the estuary structure - there is very good
and adequate onstreet parking and a large city parking lot across the street.
2. Large parking.lot on Front Street between Copies Plus and the City Light
Building. The City Light Building would provide good protection from
the westerly winds (which mightbe a problem in the open field across the
street). First Federal has a considerable number of reserved spaces in that
lot but I am sme they would be 'Willing to allow the market to set up in
those spaces on Saturdays when First Federal is not open.
.
3. The large parking lot bernreen Odyssey Book Shop and the Family Shoe
Store.
. The use of the parking lots would of course preclude the use of some parking spots. It is
. my obse~ation over a long period oftime that neither of those parking lots are heavily
used on Saturdays unless there is another downtown event, such as Arts in Action. Also,
the number of spaces that would be used in one of the parking lots is probably no greater
than the number of onstreet parking spaces lost when Laurel Street is closed.
.. .. .. .. _0 __ . .. .. M ,
I iJl:1vt: n::vit:wt:Li Ult: agrt:t:llJt:UL odwt:t:n me CIty 01 rort Angejes and the .Pon Angeles .
Downtown Association concerning parking. While it is probably not necessary, a very
simple amendment could authorize the use of those parking lots for the Fanner' 5 MarIcet.
There is precedence for amending that agreement.
Very lrul?rS, If
() ILaz.v'11lf Vcd/UL
J~ony Hoare I
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ATTACHMENT "C"
PREVIOUS MINUTES
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Planning Commission Minules
Jul)' 28. 2004
Page 3
...;. .
EXTENSION OF CONDITIONAL USE PERMIT - CUP 03-06 - P A FARJ\1ER'S
M:.ARKET. Saturday Market on Laurel Street: Request for extension of a pennit to allowthe
continued operation of a fanner's market activity in the Central Business District on
Saturdays.
Assistant Planner Sue Roberds reviewed staff's report recommending extension of the
conditional use pennit as requested untillv1ay, 2008, with conditions and answered brief questions
regarding the proposal.
Nash Huber, ~30 Simpso.n Road, Sequim, 1f'A represented the FA Farmer's Market
Association and stated that the Market is trying to be an active part of the DOVv'lltown activities and
would like to continue the Saturday market in the same location under the existing conditions for the
neA14 years. He is aware of the results of the recent Dovmto'V.'Il survey which indicated an overall
good experience for Downtovm 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
adchess those issues while looking for a permanent location/structure, with the help of the Cla1lam
County Economic Development Council, where an expanded Market use can operate. TheMarket
provides local artisans access to the public and to the business community whi ch 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 whetPer the :Market would be willing to consider an
alternate location given the concerns expressed in letters from Downto"Wll business owners who feel
that the Saturday Market use has negatively impacted their businesses. IVrr. Huber responded that
he would like to be able to retain the Market location where it is because it works. very weD for the
Market. He stated that approximately 50% of the 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 Ov.'Ilers who have indicated the Saturday Market is causing a
ne2ative impact on their businesses and is aware of their concerns.
..., Dick Sieger, 2 71 Harmony Lane, Port Angeles, H1.A lives in the County and noted the names
of 15. businesses that benefitted from his recent shopping visit to DO"WIltown Port Angeles that was
due to the Market's location. He believes that the Market is a real benefit to other businesses in the
Downtov.'Il for just such a reason.
Ernest Shaefer, 1 06 North Laurel, Port Angeles, W A explained the advantages that be has
experienced as a business owner who operates a p~otographybusiness at 106 North Laurel alongside
the location of the Market use. He brings out tables and chairs to entice Market customers to visit
his busine~s 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 j-ecord that he is an employee of the
ClaZlam County Economic DeveZopnumt 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, H1.A spoke of the EDC's campaign
entitled "Always Buy Clallam", that is intended to help grow the local agriculture industry by
assisting local farmers and artisans in providing locations in which to sell their goods that will
.
Plannillg Commission Minutes
Jill)' 28. 2004
Pagl?4
ultimately strengthen the local e~onomy. 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 Dmm.1town and to refine their operation.
. Terry} Roth, 115 East Railroad Avenue, 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 Marleet does cause some dismption to Downtown
businesses, and he believes that there are alternatives that may not have been tried in siting the
!'-.-1~r1rP:t 1l~P.. Overall the use is positive for the community but needs more work.
In response to a question from Commissioner Schramm as to what some ofthe 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 Downtown Association, 115 Y2
East First Street, Port Angeles, W A submitted and read a letter into the record supporting extension
ofthe Market use. She stated that it is possible for Downtown businesses to play offthe 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 lmow 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 o11?er businesses while specifically visiting the
Downtown for 11le 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.
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parking, hours of Market operation, holiday activities, and Market survey questions. Business
owners who were surveyed with regard to impacts of the 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. W11ile most businesses surveyed indicated that the Market is a benefit to the Downtown,
one half ofthe 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 pennission, 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 Dot 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 iftl}ere 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 of their 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.
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Planning Commission Minutes
Jul)'28,1004
Page 5
Rick Mathis, Harhor Cafe, 102 1Fest Front Street, Port Angeles, U~ stated that the closing
ofLamel Street for the use is wrong. His business has been tumed into the public restroom for the
Market 'use. He stated that his sales data shows that he loses 20% to 40% afhis revenue during
Market Dperations and that business picks up fDllowingMarket clDsures. Be had to recently let a
Saturday emplDyee go because Saturday sales have been SD slDw.. 'While l1e supports the use, he is
in opposition tD the closure of Laurel Street for the activity. He presented Laurel Street business
owner George Hodgdon, 108 N. Laurel, ,vi111130 signatures of customers who oppose the closure
of Laurel Street for the Market use, and reiterated that he is nDt against the use but that it should be
located elsewhere in :the Downtown where closure of Laurel Street will not be an issue.
lnresponse to Commissioner Nutter, 1\.11-. Mathis responded that better signage and a portable
restroom would help.
lv.1r. Mathis responded to Commissioner Rasmussen that the City Pier or the Darrel Vincent
private parking lot may be good altemative places for the Market use.
The Commission took a IOmmute break at 7:30p.m. The meeting reconvened at 7:40p.m~
Bill Thomas, 473 S. Bagley Creek Road, Port Angeles, TrA 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'bythe closure of Laurel Street during the use. If you treat people well, theywil1 stay 2nd
buy. Business owners need to play off the Market more and ene,ourage Market customers to stay in
the DovmtoWD longer.
Sandra Sirafford, 81 Alpine Loop, Sequim, 'fVA is the City Police Department' S DO'WI1town
Parking Officer. During the past six years that she has worked the Downtovm, she has noticed that
the Market has significantly added to the Downtovln 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 parkIDg tickets in the DovmtoV\7J1 on
weelcends 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 Wilkinson, 805 East Fifth.Sireet, Port Angeles, WA works at Nature Wa)7 on Front
Street. Sbe believes that the Market use heavily impacts her Saturday sales such that she has nearly
. no sales during theMarket 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 but does not think that Laurel Street is an appropriate location fOT such an activity.
David Crossley, 539 Herrick Road, Port Angeles, WA is a vendor at the Market and would
prefer not to move from the established location on Laurel Street, in fact, be stated, it is difficult to
maintain customers when be 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 Mun'ay, 306 Lopez, Port Angeles, 11'.4 loves the Market and believes that
it draws not only herselfbtlt 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, sbe believes that the Market fosters specific projects in agriculture and assists in building
sustainable food businesses encouraging people to buy local produce. A DovmtoWD Market
speciiically helps because, as it is located in the core of the community, it helps to build an
) .
Planning Commission Mil/Illes
Jllly28.2004
Page 6
awareness of agriculture opportunities in the area and provides a central location where people can
gather and communicate.
Kia Kozin, 104 Davenhill Lane, Sequim, WA particularly enjoys being in the Downtm.vn
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 of the 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 Ewbank. 1605 S. Go(f Course Road, Port Angeles, 'Jif7.A 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 celltrallocation for the exposure such an
area provides to her for her business.
Edna Petersen, 217 N Laurel, Port Angeles, 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 O-WTler who takes pride. in Port l'....'1geles, she ask.ed that a one yeaT
extension be granted rather than the four years requested in an attempt to try to work out some ofthe
continuing issues surrounding the Saturday Market activity, specifically parking, that are of maj or
concern to Downtown businesses.
Peter Vanderh.oof, 585 Wasankari Road, Joyce, WA has worked to try to malce 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
oftbe 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 permanent 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 bett~r signage to alleviate the abuse of nearby business restroom faciliti es by
irresponsible Market customers. A time line for conflict~ to be worked out within the Downtown
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Planning Commission Minutes
July 28. 2004
PaRe ~7
. ,
Associati On ,sho:lld be in place, and Market managers must make certain that vendors are organized
such that they CCJl quickly set up and tear down their booths to reopen the area for normal business
use. It is imp on ant 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 busines~ owners when notifying of specific actions such as permit extensions within the
Downtown due i 0 the fact that some property owners do not communicate with the business O\vners
operating on their properties when notices are sent to property owners. She favored a one year
extension of the \1arket use to allow improvement on the issues noted rather than a longer extension
at this time.
Commis5ioner 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.
Commis5ioner 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. lfproblems haven't
been identified and addressed in another year, another location may be needed.
Further discussion on the timing ofthe extension request, the length of time approved for the
Wednesday Market, and the need to review testimony provided, ensued following which,
Commissioner Norton mo,'ed to extend Conditional Use Permit CUP 03-06 for an additional
one year period with the following conditions and citing the following findings and
con elusions:
Conditions:
1. Conditional Use Permit CUP 03-06 is hereby extended to August, 2005, as long as the
operation remains in compliance with all conditions of approval.
2. Products to be sold shall be limited to locally grown plants, food or food products and
associated, local arts and crafts.
3. Continued compliance with State and County requirements for the handling and sale offood
and/or food products is required including sanitation facility requirements.
4. 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.
5. The Pon Angeles Farmer'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.
6. Necessary educational outreach to vendors and customers about proper use of off-street
parking areas, signage and use of public facilities shall be made.
7. Street barricades shall be provided by the Port Angeles Farmers Market.
8. Any adjoining alleys shall be kept open for delivery, sen'ice, and emergency vehicles.
9. A ri.ght-of-way use permit shall be approved by the City's Public Works and Utilities
Department prior to use of the City's rights-of-way.
10. The Port Angeles Farmers Market shall submit a parking plan that is aoceptable to the
Downto\vn Business Association/PBLI\. in order to continue use of the public right-of-way.
.1 #
Planning Commission Minutes
July 28. 2004
Page ~
11. Traditional community sponsored events such as Arts n' Action and other Downtown holiday
activities shall take precedence over the fanner's market for use ofthe street.
FindinQ:s:
Based on the information provided in the Planning Division Staff Report for CUP 03-06
dated July 28, 2004, including all information in the public record file, comments and testimony
__",...__+~A ,.tn"";..,..... +"".0 ....n1-..1;" ho,,"';..," thD 'Dl'.lT'l""'~"""~' ""n~"""'~("It1~"'''' "';;('I""'("IC":"_ "..."A rl.o1:h.o.........:__ ...._~ ...\..-
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above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that:
1. The Port Angeles Farmer's Market submitted a letter requesting extension of a Saturday
market activity on April 19, 2004. The farmer's market is intended to provide a location
where local fanners and artisans can sell their goods to the public.
2. 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.
3. P AMC 17.96.050 Extensions of Approved Conditional Use Permits identifies criteria for
the extension of approved conditional use permits. "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, 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.
4. Public notice ofthe extension proposal was made in compliance with P AMC 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
ofthe Saturday market during the 2003 season.
5. The SEPA Responsible Official adopted DNS #951 (as DNS #1029) for the continued
operation ofthe fanner's market on Saturdays at the Laurel Street location on June 23, 2004.
6. Fanner's markets are a community activity 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 tbe 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 ofthe CBD Zone, provision of adequate off-street parking, and through compliance
witb local sign code requirements. '
7. 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.
8. The purpose oftheCBD Zone is to strengthen and preserve the area commonly lmown as the
Downtown formajorretail, service, financial, and other commercial operations that serve the
-j'-?":f,:j" ,-,
'" ~' "
Planning Commission Minules
July 28. 2004
Page 9
entire community, the regional market, and tourists. It is further the purpose oftbis zone to
establish standards to improve pedestrian access and amenities and' to increase public
enjoyment of the shoreline. Fanner's markets arenat listed as a pel1I!itted or conditional use.
in the CBD Zone or any other zone. Under P.AJ\1C 17 .24.160.K, other uses compatible with
the intent of the Zoning Code can be allowed.
9. 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 A.2,
Transportation Policy B 16, Economic Development Goals A and B, and Policy.A2. '
10. Adj acent uses include retail stores, 9ffi ce uses, restaurants, banks, apartments, motels,barber
shops, and parking.
11. Laurel Street is a local access street that is closed to traffic during market activities.
12. Under P AMC 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. Because farmer' 5 market or similar uses are not mentioned in the Parking
Ordinance, underPAMC 14.40.070, unspecified uses shall meet the requirements of similar
uses as determined by the Community Development Director. It has been detennined that
10-12 parking spaces are required for customers and an additional one parking space for each
vendor is required. Parking will be provided by the PBlA-.
13. Clallam County Environmental Health Department personnel commented that ,the subject
market vendors are operating in compliance with Health Department standards as or this
time. No concerns are anticipated with the management or the market.
14. The City's Police Department had no issues nor did the Public Works and Utilities or
Building Division note concerns during the Cll.TTent extension review period.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 03-06 dated July
28, 2004, including all of the information in the public record file, comments, and testimony
presented during the public hearing, the Planning Commission IS discussi on and deliberation, and the
above listed condition of approval and the above listed findings, the City of Port Angeles Planning
CO:omllssion hereby concludes that:
A. As conditioned, a farmers market located in the'Downtovln 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 of the Market activitywi11 continue to serve the general public and
remain in the public interest.
C. As conditioned, extension of CUP 03-06 meets the req~ements for ,the extension or an
approved conditional use permit 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 bis negative vote was due to his previous statements regarding use ortbe public right-or-
way for the activity in conflict with established businesses. Commissioner Nutter did not vote due
to her late arrival to the meeting.
) f ~ .
EXTENSION OF CONDITIONAL USE PERMIT - CUP 03-06 - P A FARMER'S
M.t\.RKET. Laurel Street: Extension of Saturday fanner's market activity in the Central
Business District. (Continued to the July 28.meeting.)
Director Collins explained ihat the applicants have been working with tbe Port Angeles
Downtown Association on a survey oftbe last year's impact on business due to the market use on
. Saturdays, and asked that this item be continued to the July 28 meeting in order to have the results
ofthe survey. Vice Chair Rasmussen opened tbe public bearing. Commissioner Nutter moved to
continue the public hearing to the July 28, 2004, meeting. The motion was seconded by
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COIDnUSSIUUt::J" nUllJ.JUIU clllU p"""CU ..J - v.
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. . / Planning Commission Minules
I
I ~1a)' ii. 2003
I . L~ge~ ~--
PUBLIC HEARING
AMENDMENT OF CO]\T))ITJON..c\L USE PERJ\llT - CUP 02-02 - and
CO]\T))ITJON..c\L USE PERJ\llT - CUP 03-06 - PA FA.RMER'S .]\1.A.RKET -
Laurel Street: Request for amendment to the Wednesday evening Farmer's Market
use in the Downtown and a new request to allow a Saturday market on a pennanent
basis in the Dov,'Iltown.
Associate Planner Scott Johns presented the Department's .staff report recommending
approval for the continuation of the Wednesday fanners' market and relocation of the Saturday
farmers' market from its current I ocati on at the County Courthouse parking lot to the powntovm area
where it will operate in the 100 block of Laurel Street. Chair Nutter opened the public hearing.
Commissioner Pittis joined the meeting at this time and stated that he had reviewed the
report.
Nash Huber, 230 Simpson Road, Sequim, "7 A 98382, representing the Port Angeles
Farmers' Market Associati on spoke in favor of the continuati on of the \\7 ednesday activity and
change of venue for the Saturday farmers' market from the Courthouse to the Downto'wn area.
Commissioner Rasmussen asked for clarification that this is not a new market activity WJI.
Huber confirmed that it is not a new market but is the relocation of the existing Saturday market in
a new location. Commissioner Rasmussen then asked why they wanted to move. :Mr Huber
explained that better public exposure for the market is the main reason. Upon further questions from
Commissioner Rasmussen, Mr. Huber explained that the Saturday market intends to operate year
around and the reason that a five year approval is requested is to avoid additional public hearings.
When asked about parking issues, Mr. Huber indicated that no parking problems have been
evidenced. Customers surveyed had no problems. He also stated that both the Bank of America lot
and the Laurel and First Street parking lot remained open for use during the market. VVhen asked
if the Port Angeles Farmer's Market is working with the City on signage and rerouting traffic, Mr.
Huber stated that they are working with the Downtown Association and that they will look into
additional signage to help route traffic in the Downtown during the farmer's market operation. .
Jim Hagu ewood, 705 Christman Place, Port Angeles W A 98362, representing the Clallam
County Economic Development Council, stated that the fanners' market provides an opportunity for
visitors and locals to see the unique quality and diversity of Clallam County. Additional benefits
will be gained by local farmers because they receive a higher price for produce by selling direct to
the customer rather than to a wholesaler. This benefits the entire county by keeping a struggling'
farming industry viable. He pointed out that the farmers' market is an idea that the Downto'wn
Association has been investigating and promoting for several years.
Mr. Haguewood addressed the parking issue by stating that Port Angeles does not have a
parking problem and that most businessmen would welcome a "parking problem" because it would
mean that there would be many customers for their stores. "'Then asked how traffic would be
affected and managed during periods ofDov.'Iltov.'Il construction (Gateway, Conference Center, etc.)
or other events, Mr. Haguewood pointed out other instances where events to conflict with each other
but were managed appropriately. He further pointed out that the potential conflicts will have to be
.11 I. .... ,
Planning Commission Minutes
May /4. 2003
Page 3
managed and that it is the intent and responsibility of the Downto'wn Association to manage those
events. '
Selinda Barkhuis, P.O. Box 3194, Port Angeles, "'A, 98362 a vendor at the farmers'
market spoke in favor of the proposal and pointed out that the market will bring customers to the
Downtown area.
Aria Holzshuh, 105 ~ E. First Street, Port Angeles, WA, 98362 represented the
Downtown Association and spoke in favor ofthe proposal, pointing out that the fanners' market is
a tool to making a downtown a vibrant place which in turn generates more business. Ms. Holzshuh
indicated that the Downtown has a total of 2,500 parking spaces and about 200 businesses which
works out to over 12 parking spaces per business. The Downtown Association will be working with
the Coho Ferry and others to improve directional signage Downtown. The farmers' market will be
arranged differently this year in an attempt to reduce impacts to adjacent business owners. When
questioned about other special events (Arts in Action, Mardi Gras, tree lighting, etc.) conflicting with
the fanners' market, she said that the market will be moved to a parking lot area if necessary,
however, they would prefer to move the market as little as possible. .
Jim Robinson, 123 E. Bachelor Rock Drive, Port Angeles, Vi A, 98362 spoke in favor of
the proposal, stating that he is a life time resident of Clallam County and the Port Angeles area. He
has a local farm and indicated that the fanners' market is a very good way for local farmers to market
their produce.
PuHcc Corporal, Ed Schilke stated that he has been assigned to the aftemoon/everling shift
during times when the farmers' market operated on Wednesdays and observed no additional traffic
or parking problems in the Downtown during the fanners' market. He added that the new
arrangement of booths described by Ms. Holzshuh should reduce incidents associated with the
market.
There being no further testimony Chair Nutter closed the public hearing. The proposed
condition regarding barricades and signage was discussed and a decision to modify the language for
clarity was made.
Commissioner Schramm moved to approve CUP 03-06 with following 13 conditions,
16 findings and 4 conclusions as follows:
Conditions:
1. The approval is for CUP 03-06, as described in the application materials in Attaclunent # 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 local arts and crafts.
3. Compliance with State and County requirements for the handling and sale of food and/or
food products is required. Verification to the City that sucb certification is obtained shall be
done prior to opening day of the farmers' market.
4. Sanitation facilities shall be provided according to State and County health code
requirements. Verification to the City tbat the proposal meets these requirements shall be
done prior to opening day of the fanners' market.
5. 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.
'" T '"
Planning Commission Minute!
May 14.2003
.Page4
6. The Port lu1geles Farmers' Market shall provide the City with a certificate of insurance
naming the City as an additional insured.
7. Necessary educational outreach to vendors and customers about proper use of off-street
parking areas, signage and use of public facilities shall be made.
8. Street banicades and temporary directional signs shall be provided by the Port Angeles
Farmers Market. All barricades and traffic control devises shall meet the standards listed in
the Manual of Uniform Traffic Control Devises.
9. The First/Front Aney shall be kept open for delivery, service, and emergency vehicles.
10. A right-of-way use permit application (with fees) shall be submitted and reviewed by Public
W orles and Utilities, Police and Fire Departments prior to operation.
11. The Port lu1geles Farmers' Marleet shall submit a parking plan that is acceptable to the
DO\vntown Association and/or the PBlA.
12. Approval of CUP 03-06 for operation of the farmers' market on Saturdays shall be valid
from May 15, 2003, to May 15, 2004, and may be extended by the City Department of
Community Development upon satisfactory review by the Planning Commission of the '
conditions of approval and operation of the Saturday fanners' market. No further review of. :.
the farmers' market operation on Vlednesday afternoon/evening is required.
13. Traditional community sponsored events and holiday activities shall take precedence over
the farmers' market for use of the street.
Findings:
1. The Port lu1geles Farmers' Market submitted a letter on March 27, 2003, requesting the
consideration of modifying the Conditional Use Permit (CUP 01-02) for the Saturday
farmers' market at the Cla11am County Courthouse and the Vl7 ednesdayp.m. farmers' market
in downtown Port Angeles (CUP 02-02), which was approved on May 8, 2002, to allow the
Saturday farmers' market to relocate to the dovmtown Laurel Street location and to continue
the Wednesday p.m. farmers' market.
2. Public notice of the proposal was made per Pi\MC 17.96.140. No public comments were
received ,withiri the written comment period time lines.
3. The SEP A ResPonsible Official issued a Determination of Non-significance, (#951), for the
farmers' market located at the County Court House on June 1, 2001. That DNS was adopted
(DNS #979) on May 8, 2002, for the Wednesday p.m. farmers' market in Downtown. The
SEP A Responsible Official further adopted DNS #951 (as DNS.#l 029) for the operation of
the farmers' market on Saturdays and Wednesday afternoon/evenings at the Laurel Street
location.
4., The request for a conditional use permit is to allow the operation of a weekly fanners' market
where local farmers and artisans can sell their goods to the public. The proposed location
is one block of Laurel Street, between First Street and Front Street. The market will operate
during the summer months with the hours of operation from 4 p.m. to 7 p.m. every
Wednesday evening and 7:00 a.m. to 4 p.m. and on Saturdays year around with'
approximately 1-2 hours of set up and tear down for each event. They propose that
approximately 30 vendors will participate.
5. Farmers' markets are a community activity and are widely supported. Distinction as to what
products maybe sold at the proposed farmers' market should be made in order to promote
local agriculture and avoid the creation of a flea market or'street fair situation. Publi-c health
and interest are maiDt~ed by addressing environmental. health requirements for hand-
)I
\ .("
Planning Commission Minutes
May 14. 2003
Page 5
. ,
washing and restroom facilities, by addressing compatibility with adjacent uses or the
integrity ofthe CBD Zone, provision of adequate off-street parking, and through compliance
with .Iocal sign code requirements.
6. The subj ect property includes a portion of Laurel Street between First Street and Front Street.
The Comprehensive Plan land use designation on the property is Commercial, providing
wide flexibility in designating uses. The area is zoned Central Business District, (CBD).
. 7 . The purpose ofthe CBD Zone is to strengthen and preserve the .area commonly known as the
Downtnwn for maj orretaiL 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 ofthe shoreline. Farmers' markets are not listed as a permitted or conditional use
in the CBD Zone or any other zone. Under PAMC 17.24.160.K, other uses compatible with
the intent of the Zoning Code can be allowed.
8. 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,
TransportationPolicyBl6, Economic Development Goals A and B, and Policy A2.
9. Adj acent uses include retail stores, office uses, restaurants, banks, apartments, motels, barber
shops, and parking.
10. Laurel Street is a local access street.
11. P AMC 17.96.050 specifies the requirements for conditional use permit approvals.
12. Under P AMC 14.40.1 00, Cooperative Provisions, parking facilities may be cooperatively
Un- _~ "oY' ~l'I"'r'~enj'l'a'l'lu~ .u.r..::or. .-:::"h::::.-: +h.c +~':"'nl':)'" "".f."+'hC\ lH""D "(C"llf"'h """....T'l..~"n C"T"'l~~,:JoC" h"'o..,,...h 11 ~
~t:U U 1."-"1 .1 L .:J\o.I~, "" u......L.i. u......, u.u........=;; u..:. I.J.J....... u.-::J~. \.,....:. ;,,,,H.l'-'J.J. .i:"'t..u.J.~.1J.b Uj-'L......."t..fU '-OJ v":a.v.:.; \.I.~'\.,.' are
non-simultaneous. Because farmers' market or similar uses are not mentioned in the Parkin u
b
Ordinance, under P AMC 14.40.070, unspecified uses shall meet the requirements of similar
uses as determined by the Community Development Director. It has been determined that'
10-12 parking spaces are required for customers and an additional one parking space for each
vendor is required. Parking will be provided by the PBIA.
13. The Community Development Department has received no complaints or comments
opposing the Wednesday fanners' market in downtown Port Angeles.
14. Clallam County Environmental Health Department comments dated May 31, 2001 and
Public Works and Utilities Department commented on the proposal on May 7, 2003 and both
are included as Attachment B.
15. The City police Department did not comment on the proposal.
16. The Building Division did not comment on the proposal.
Conclusions:
A. As conditioned, a farmers' market located in the Downtown area is consistent with the
Comprehensive Plan, specifically the goals and policies identified in Finding No.8.
B. As conditioned, a farmers' market is consistent with the purpose and L."1tent ofthe Zoning
Code, specifically the CBD Zone.
C. As conditioned, the farmers' market will be in the public interest and general welfare.
D. As conditioned, CUP 03-06 meets the requirements for approval of a conditional use permit
as specified in PAMC 17.96.050.
Commissioner Norton seconded the motion which passed 5 - O.
... fI' "l
ATTACHMENT "C"
JelOTIna MpClean
Manager, Port Angeles Farmers' Market
222 'Rife Road
Port Angeles, WA 98363
(360) 457-6186
IDee] ean(Q:~o lvpen.com
r [ffi lE ~ ~ U \VI ~ ,!DJ'I
. JUL! E 2005 I
CITY OF PORT ANGELES
Depl. 01 Community Development
July 5,2005
Sue Roberds
Assistant Planner
City of Port Angeles Planning Department
321 E. 5th
Port Angeles, W A 98362
Dear Ms Roberds:
Ianl writing to request a five year extension of Conditional Use Permit CUP 03-
06 to allow the continued operation of a fanners' market activity in the Central Business
District on Saturdays. There have been no changes in the operations ofthe market since
tbe current CUP was issued. The market continues to meet the conditions of the CUP.
The current Port .Angeles Farmers' Market Board is in the process of creating a long tenn
strategy for the location of the Port .Angeles Fanners' Market. Until we can create a
pennanent site for the market, we would like to continue to operate on Laurel Street.
We think a basic function of a farmers market is to serve as a community
gathering place. We also see the market as an economic engine to create new businesses
and to support current downtown businesses. The Market is committed to downtown Port
Angeles and would like to stay in the Central Business District. We have been in
discussion with the Port Angeles Dov.'l1town Association, members of the Economic
Development Council, and other organizations in an effort to find a pennanent site. A
five year extension would anow us the time explore different venues and to continue to
build the Port Angeles Farmers' Market.
The planning department has been very helpful during this process. Thank you
for your consideration of our request and for you continued support.
Sincerely,
~ 1n,M'"-
Jelorma McClean
--
~:tD (lJ"T-LN ~
~~~~
1~-5-05
PMC I7.96.070(E) Extensions of Approved Conditional Use
Permits.
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,
provided that the following minimum criteria are met:
1. The use complies with the permit conditions.
2. There have been no significant, adverse &"liange]1in
circumstances.
Upon written request for an extension suomitted to the Planning
Department prior to the expiration of the conditional use permit,
said conditional use permit shall be automatically extended for
ninety days to allow the City adequate time to review the extension
request.
, "
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MEMO
DEPARTMENT OF
COMMUNITY &
ECONOMIC
DEVELOPMENT
Mark Madsen
Director
417-4501
Sue Roberds
Planning Manager
417-4750
Nathan West
Principal Planner
417-4751
Scott Johns
Associate Planner
417-4752
Jim Lierly
Building Inspector
417-4816
Dave Yasurnura
Permit Technician
417-4712
Patrick Bartholick
Permit Technician
417-4815
Fi lOY 'R"j'T"'I'.Ali ! N. rGriE,'rL'" E'lS""
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WAS H I N G TON, U. S. A.
DATE:
Decemberl,2005
TO:
Mayor Headrick and City Council Members
FROM:
Sue Roberds, Planning Manager
RE:
Findings and Conclusions regarding the appeal of Conditional Use
Permit CUP 03-06 for the Port Angeles Farmers' Market
Because the entire public record is sent to Council in appeal deliberations, it
is difficult to identify recommended findings and conclusions separate from those that
are initially proposed by staff and sometimes amended within the body ofthe reports,
and the minutes. As there are no ordinances to adopt in the current case, a separate
set of proposed findings and conclusions are not part of your packets.
Attached to this memorandum you will find potential/recommended findings
and conclusions as recommended by both the Planning Commission (approval) and
staff (denial) regarding the Farmers' Market extension issue. I hope the information
. is usefuL
Attachments
FINDINGS AND CONCLUSIONS IN SUPPORT OF THE APPEAL AND DENIAL OF
THE EXTENSION OF CONDITIONAL USE PERMIT CUP 03-06 - P A FARMERS' MARKET
Findings:
1. The Port Angeles Farmers' Market submitted an extension request to continue the Saturday
Market activity (CUP 03-06) on July 18, 2005.
2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that
"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 provided that the following minimum criteria are met: (1.) The use complies
with the permit conditions; and (2.) There have been no significant, adverse changes in
circumstances. Upon written request for an extension submitted to the Planning Department
prior to the expiration of the conditional use permit, said conditional use permit shall be
automatically extended for ninety days to allow the City adequate time to review the
extension request."3.
3. Farmers' Markets are intended to provide a location where local farmers and artisans can sell
their goods to the public and are widely accepted as an activity that can enhance a
commercial area.
4. The subject Market site is located in the Port Angeles Downtown on Laurel Street between
First and Front Streets. The Saturday Market activity has operated on the site since 2003.
Yearly extensions have been approved in order to allow time for Market management and
local business operators to work through specific issues regarding a permanent Market
location, parking, and signage.
5. Individual stands are approximately 10' by 10' and 12' in height and currently occupy the
Laurel Street right-of-way between Front and First Streets that is approximately 12,000
square feet in area.
6. Public notice ofthe extension proposal was made in compliance with P AMC 17.96.140 with
publication appearing in the Peninsula Daily News on July 22, 2005, posted on the site on
July 19, 2005, and mailed to property owners within 300 feet ofthe subject property on July
22,2005. On October 20,2005, the site was again posted for a new public hearing to be
conducted on November 9, 2005. . Public notice again appeared in the Pennsula Daily News
on October 21, 2005, with public notices re mailed to surrounding property owners and
known parties of record on October 20,2005. Written public comment was received and was
considered in staff s recommendation.
7. Written public comment received during the posting/public comment period indicated strong
support for a Market use in the Downtown and only objected to use of the right-of-way for
the activity. Some business operators reiterated issues with regard to the Saturday
operation in the public street that are believed to have had a continually negative impact on
specific businesses. All who commented agreed that a Market use is a needed component
of a viable Downtown.
8. One business owner expressed public safety concerns and access issues with the regular
closure of the right-of-way in that the second floor of her building is inaccessible during
Market operations. Another business manager identified circulation issues with an existing
parking area during Market activities that are confusing at best.
Findings and Conclusions - CUP 03-06
December 5. 2005
Page 2
9. Several business operators believe that the use of Laurel Street is vital to their business health
and success and that the Market use, while supported in the Downtown, must be relocated
to a location that is not as vital a component oftheir business interests. Those who obj ected
to the continued use believe that continued use of the right-of-way does not constitute
temporary occupancy, which was intended with original approval ofthe CUP. All comments
indicated support for the actual Market use.
10. The SEPA 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.
A second, site specific environmental review was performed in October, 2005, in preparation
for the new public hearing, which resulted in the issuance of a Determination of
Nonsignificance #1129, on November 7,2005.
11. Farmers markets are a community activity and are widely supported. The Washington State
Farmers Market Association specifies what products may be sold at farmers markets and that
they should promote local agriculture and handicrafts. The public health and interest must
be maintained by addressing environmental health requirements for hand-washing and
restroom facilities, by addressing compatibility with adjacent uses and other uses permitted
within the CBD, by firmly establishing a staging area for vendor vehicles and conveyances,
and through compliance with local sign code requirements.
12. Previous studies have been done on methods to improve the vitality of the Central Business
District which suggested that the Laurel Street area should be viewed as an open plaza for
a variety of uses and that farmers market uses are a viable component of a Downtown
community. More recent studies have suggested alternatives to circulation patterns in the
Downtown and also encourage an open plaza area. Future changes in traffic patterns in the
area may offer opportunities for enhanced activities.
13. 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 wide
flexibility in designating commercial uses.
14. The purpose of the CBD Zone is to strengthen and preserve the area commonly known as the
Downtown for maj or retail, service, financial, and other commercial operations that serve the
entire community, the regional market, and tourists. It is further the purpose of this zone to
establish standards to improve pedestrian access and amenities and to increase public
enjoyment of the shoreline. Although farmer's markets are not listed as a permitted or
conditional use in the CBD or any other zone, P AMC 17 .24. 160.(K) allows for".. . other uses
compatible with the intent of the Zoning Code..." by conditional use permit and the City's
Comprehensive Plan encourages such uses in the Central Business District specifically on
Laurel Street. The City has approved conditional use permits for Market activities within
the CBD since 2002.
15. The Comprehensive Plan was reviewed and the following goals and policies are the most
relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and A2, and
Obj ective F.3; Transportation Policy B 16; and Economic Development Goals A and B, and
Policy A2. Land Use Goal F and Policy F.3 specifically encourage farmers market uses on
Laurel Street in the Downtown and during the tourist season.
Findings and Conclusions - CUP 03-06
December 5, 2005
Page 3
16. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, a harber shop,
and parking facilities.
17, Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC 14.40.070.
However, all business activities that operate within the Downtown area must belong to the
City's Parking Business Improvement Area (PBIA). Unspecified uses shall meet the
requirements of similar uses as determined by the Community Development Director. The
Director previouslydetermined that 10-12 parking spaces are required for customers and an
additional (1) parking space for each vendor is required. A letter identifying that 25 monthly
parking permits are provided through the Downtown PBIA was submitted with the extension
request.
18. Clallam County Environmental Health Department personnel reported that the Market
vendors are operating in compliance with Health Department standards as of this writing.
No concerns are anticipated with the management ofthe Market.
19. The City's Police Department had no issues with either the current Market use nor the
extended Market activity. While the Public Works and Utilities Department initially
suggested possible vehicle/pedestrian and traffic issues, none have been realized.
20. The current right-of-way location was proposed as a temporary solution until a permanent
site was identified. City properties can be used for uses that benefit Downtown businesses
as long as the use ofthe parking areas does not cause detrimental parking impacts that cannot
be otherwise justified.
Conclusions:
Based on the information provided in the Department Staff Report for the extension of
CUP 03-06 dated November 9, 2005, including all of the information in the public record file,
comments, and testimony presented during the public hearing, thePlanning Commission's .discussion
and deliberation, the above listed conditions of approval and findings of fact, the City of Port
Angeles Planning Commission hereby concludes that: ~
A. Public comment received during the public comment period and testimony provided during
the public hearing identified that use of the right-of-way is seen to negatively impede the
established traffic flow to certain businesses in the Downtown. More particularly, access to
the occupants of a key building with frontage along Laurel Street is severely reduced during
Market activities which poses a possible public safety concern that cannot be addressed with
regular closure of the right-of-way.
B. Letters and testimony in support of use ofthe right-of-way location were received in review
of the extension request identifying that use is in accord with other permitted activities in
the Central Business District. However, the central right-of-way location continues to be of
main concern to several businesses who have stated that the location, particularly on a major
shopping day, continues to be a negative impact to their businesses.
C. A Farmers Market use in the Downtown is consistent with the City's Comprehensive Plan,
and most specifically with the goals and policies identified in Finding No. 11 above.
D. Through membership in the City's Downtown PBIA, Market vendors are in compliance with
the City's Parking Ordinance Section 14.40 ofthe Port Angeles Municipal Code.
Findings and Conclusions - CUP 03-06
December 5, 2005
Page 4
E. Use of the right-of-way was temporary until a permanent site could be located elsewhere
within the Downtown for a farmers' market because there was not another available site
within the central Downtown for consideration at the time a market was proposed.
Circumstances have changed in that other City properties now exist that are located in the
same area not in the right-of-way.
F. By locating the market on a property rather than in a right-of-way, the Market may be viewed
as a viable component ofthe Downtown business community that will enable the use to grow
and expand and will provide a legitimate home for the use which has been a goal for some
time. Permanent signage can be established thatwill inform the public that such a use is
expected and provide operational information to Market customers.
G. Given written testimony provided during the public comment period by a business owner,
the continued extension of CUP 03-06 cannot meet the criteria for extension of previously
approved conditional use permits, specifically Section 17.96.070 (2) P AMC: "There have
been no significant, adverse changes in circumstances ."
Adopted by the Port Angeles City Council at its special meeting of December 5, 2005.
Richard A. Headrick, Mayor
Becky J. Upton, City Clerk
T:\FORMS\F&Cfarmersmktdenial.wpd
CONDITIONS, FINDINGS, AND CONCLUSIONS TO DENY THE APPEALAND SUPPORT
EXTENSION OF CONDITIONAL USE PERMIT CUP 03-06 - PA FARMERS' MARKET:
Conditions:
1. Conditional Use Permit CUP 03-06 is hereby extended to May 15, 2008, as long as
the operation remains in compliance with all conditions of approval.
2. Products to be sold shall be strictly limited to locally grown plants, food or food
products and associated, local arts and crafts, in compliance with the rules of the
Washington State Farmers' Market Association.
3. Continued compliance with State and County requirements for the handling and sale
offood and/or food products is required including sanitation facility requirements.
4. 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.
5. The Port Angeles Farmer'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.
6. Necessary educational outreach to vendors and customers about proper use of off-
street parking areas, signage, and use of public facilities shall be made. Signage shall
direct patrons and vendors to the public restroom facilities. The Market Manager has
identified allocated parking areas and has stated that all vendors are specifically
directed as to where they must park. A letter from the Downtown Association
(attached) indicates that 25 parking permits are available for vendor use.
7. Street barricades shall be provided by the Port Angeles Farmers Market. The Market
Manager is in charge ofthe barricades which have been issued by the City. Several
site visits over the year have indicated that the barricades are being used and stored
properly.
8. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles.
This condition has consistently been met.
9. A right-of-way use permit shall be approved by the City's Public Works and Utilities
Department prior to use ofthe City's rights-of-way.
10. The Port Angeles Farmers Market shall submit a parking plan that is acceptable to the
Downtown Business AssociationlPBIA in order to continue use ofthe public right -of-
way.
11. Traditional community sponsored events such as Arts n' Action and other Downtown
holiday activities shall take precedence over the farmer's market for use ofthe street.
Conditions, findings, and Conclusions
December 5, 2005
Page 2
12. The Market shall present evidence within 18 months ofthis approval of working with
the Clallam County Economic Development Council's Agriculture Cluster and City
staff to arrive at a permanent Downtown location for the farmers' market.
13. The conditional use permit to operate the farmers' market on Laurel Street on
Saturdays shall not be further extended unless there is sufficient evidence that
progress had been made toward finding an alternate location.
Findings:
Based on the information provided in the Planning Division Staff Report for extension of
CUP 03-06 dated November 9, 2005, including all information in the public record file, written
comments, and testimony presented during the public hearing, the Planning
1. The Port Angeles Farmers' Market submitted an extension request to continue the
Saturday Market activity (CUP 03-06) on July 18, 2005.
2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that
"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 provided that the following minimum criteria are
met: (1.) The use complies with the permit conditions; and (2.) There have been no
significant, adverse changes in circumstances. Upon written request for an extension
submitted to the Planning Department prior to the expiration of the conditional use
permit, said conditional use permit shall be automatically extended for ninety days
to allow the City adequate time to review the extension request."
3. Farmers' Markets are intended to provide a location where local farmers and artisans
can sell their goods to the public and are widely accepted as an activity that can
enhance a commercial area.
4. The subject Market site is located in the Port Angeles Downtown on Laurel Street
between First and Front Streets. The Saturday Market activity has operated on the site
since 2003. Yearly extensions have been approved in order to allow time for
Market management and local business operators to work through specific issues
regarding a permanent Market location, parking, and signage.
5. Individual stands are approximately 10' by 10' and 12' in height and currently occupy
the Laurel Street right-of-way between Front and First Streets that is approximately
12,000 square feet in area.
6. Public notice of the extension proposal was made in compliance with P AMC
17.96.140 with publication appearing in the Peninsula Daily News on July 22,2005,
posted on the site on July 19, 2005, and mailed to property owners within 300 feet
of the subject property on July 22,2005. On October 20,2005, the site was again
posted for a new public hearing to be conducted on November 9, 2005. Public notice
again appeared in the Peninsula Daily News on October 21,2005, with public notices
re mailed to surrounding property owners and known parties of record on October 20,
2005. Written public comment was received and was considered in staf:fs
recommendation.
Conditions,findings, and Conclusions
December 5, 2005
Page 3
7. Written public comment received during the posting/public comment period
indicated strong support for a Market use in the Downtown and only objected to use
of the right-of-way for the activity. Some business operators reiterated issues with
regard to the Saturday operation in the public street that are believed to have had a
continually negative impact on specific businesses. All who commented agreed that
a Market use is a needed component of a viable Downtown.
8. One business owner expressed public safety concerns and access issues with the
regular closure of the right-of-way in that the second floor of her building is
inaccessible during Market operations. Another business manager identified
circulation issues with an existing parking area during Market activities that are
confusing at best. Testimony was provided from a Market vendor who spoke to the
Port Angeles Fire Department regarding public safety issues with the closure of
Laurel Street.
9. Several business operators believe that the use of Laurel Street is vital to their
business health and success and that the Market use, while supported in the
Downtown, must be relocated to a location that is not as vital a component of their
business interests. Those who objected to the continued use believe that continued
use ofthe right-of-way does not constitute temporary occupancy, which was intended
with original. approval of the CUP. All comments indicated support for the actual
Market use.
10. The SEPA 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. A second, site specific environmental review was performed in
October, 2005, in preparation for the new public hearing, which'resulted in the
issuance of a determination of non significance #1129, on November 7, 2005.
11. Farmers markets are a community activity and are widely supported. The
Washington State Farmers Market Association specifies what products may be sold
at farmers markets and that they should promote local agriculture and handicrafts.
The public health and interest must be maintained by addressing environmental
health requirements for hand-washing and restroom facilities, by addressing
compatibility with adjacent uses and other uses permitted within the CBD, by firmly
establishing a staging area for vendor vehicles and conveyances, and through
compliance with local sign code requirements.
12. Previous studies have been done on methods to improve the vitality of the Central
Business District which suggested that the Laurel Street area should be viewed as an
open plaza for a variety of uses and that farmers market uses are a viable component
of a Downtown community. More recent studies have suggested alternatives to
circulation patterns in the Downtown and also encourage an open plaza area. Future
changes in traffic patterns in the area may offer opportunities for enhanced activities.
13. 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 wide flexibility in designating commercial uses.
14. The purpose ofthe CBD Zone is to strengthen and preserve the area commonly
known as the Downtown for major retail, service, financial, and other commercial
operations that serve the entire community, the regional market, and tourists. It is
Conditions, findings, and Conclusions
December 5, 2005
Page 4
further the purpose of this zone to establish standards to improve pedestrian access
and amenities and to increase public enjoyment ofthe shoreline. Although farmer's
markets are not listed as a permitted or conditional use in the CBD or any other zone,
PAMC l7.24.l60.(K) allows for "...other uses compatible with the intent of the
Zoning Code..." by conditional use permit and the City's Comprehensive Plan
encourages such uses in the Central Business District specifically on Laurel Street.
The City has approved conditional use permits for Market activities within the CBD
since 2002.
15. The Comprehensive Plan was reviewed and the following goals and policies are the
most relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and
A2, and Objective F.3; Transportation Policy B16; and Economic Development
Goals A and B, and Policy A2. Land Use Goal F and Policy F.3 specifically
encourage farmers market uses on Laurel Street in the Downtown and during the
tourist season. '
16. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, a
barber shop, and parking facilities.
17. Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC
14.40.070. However, all business activities that operate within the Downtown area
must belong to the City's Parking Business Improvement Area (pBIA). Unspecified
uses shall meet the requirements of similar uses as determined by the Community
Development Director. The Director previously determined that 10-12 parking
spaces are required for customers and an additional (1) parking space for each vendor
is required. A letter identifying that 25 monthly parking permits are provided through
the Downtown PBIA was submitted with the extension request.
18. Clallam County Environmental Health Department personnel reported that the
Market vendors are operating in compliance with Health Department standards as of
this writing. No concerns are anticipated with the management of the Market.
19. The City's Police Department had no issues with either the current Market use nor
the extended Market activity. While the Public Works and Utilities Department
initially suggested possible vehicle/pedestrian and traffic issues, none have been
realized.
20. The current right-of-way location was proposed as a temporary solution until a
permanent site was identified. City properties can be used for uses that benefit
Downtown businesses as long as the use of the parking areas does not cause
detrimental parking impacts that cannot be otherwise justified.
Conclusions:
Based on the information provided in the Department Staff Report for the extension of
CUP 03-06 dated November 9, 2005, 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, the above listed conditions of approval and findings of fact, the City of Port
Angeles Planning Commission hereby concludes that:
A. Based on testimony heard during the November 9, 2005, public hearing, it could not
be definitively determined that use of the right-of-way for Market activities is
detrimental to Downtown businesses in general. Testimony indicated that a
Conditions, findings, and Conclusions
December 5, 2005
Page 5
centralized Market location is beneficial to all Downtown businesses and a negative
effect would result to the business area if the Market were not to be located in the
Laurel Street location.
B. Letters and testimony in support of use of the right-of-way location were received in
review of the extension request identifying that use is in accord with other permitted
activities in the Central Business District. However, the central right-of-way
location continues to be of main concern to several businesses who have stated that
the location, particularly on a major shopping day, continues to be a negative impact
to their businesses.
C. A Farmers Marketuse in the Downtown is consistent with the City's Comprehensive
Plan, and most specifically with the goals and policies identified in Finding No. 11
above.
D. Through membership in the City's Downtown PBIA, Market vendors are in
compliance with the City's Parking Ordinance Section 14.40 of the Port Angeles
Municipal Code.
E. Use ofthe right-of-way was temporary until a permanent site could be located
elsewhere within the Downtown for a farmers' market because there was not another
available site within the central Downtown for consideration at the time a market was
proposed. Circumstances have changed in that other City properties now exist that
are located in the same area not in the right-of-way.
F. By locating the market on a property rather than in a right-of-way, the Market may
be viewed as a viable component of the Downtown business community that will
enable the use to grow and expand and will provide a legitimate home for the use
which has been a goal for some time. Permanent signage can be established that will
inform the public that such a use is expected and provide operational information to
Market customers.
G. Testimony provided by a speaker during the public hearing indicated that, in
conversation with the Port Angeles Fire Department, it was determined that no public
safety issue is expected by the closure of Laurel Street for the Market activity.
H. Testimony provided during the public comment period indicated that there has been
no significant, adverse changes in circumstances and therefore, the continued
extension of CUP 03-06 meets the criteria for extension of previously approved
conditional use permits, specifically Section 17.96.070 (2) P AMC.
Adopted by the Port Angeles City Council at its special meeting of December 5,2005.
Richard A. Headrick,'Mayor
Becky J. Upton, City Clerk