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Home My WebLink About123 East First Street 123 East First Street CUP 09-03 OR)TFILErNG S i , `- W A S H I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: March 24, 2010 RE: EXTENSION of Conditional Use Permit - CUP 09-03 APPLICANT: Aric Mackay OWNER: Clallam Transit Authority LOCATION: Downtown Gateway–transit lanes 123 East Front Street REQUEST: An outdoor community market one day each week (Sunday) from 10 a.m. to 4 p.m. from March 1 to November 15. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the extension of CUP 09-03 until November 15,2013, citing 5 conditions, 13 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The Community Market is located in the Clallam Transit public bus lanes adjacent to the west side of the Downtown Gateway structure between Front Street and Railroad Avenue. Lots in the block vary in width but are typically 300 feet deep. The use occupies approximately 14,500 square feet in the Downtown area. The property is developed as a public transit lane and is used as such for pick-up and drop-off of bus riders Monday through Saturday. The transit use does not occur on Sunday, the date of operation of the Market activity. The property does not contain environmentally sensitive areas; however, a small portion of the site is within 200 feet of the marine shoreline and the Peabody Creek estuary. The site is accessed from either Front Street, which is classified as a minor arterial, or Railroad Avenue, an improved local access street. The application and site maps are attached as Attachment B. PREVIOUS ACTION: Following a public hearing conducted on July 22, 2009, the Planning Commission approved initial operation for the period requested: March 1 through November 15, 2009. Condition#3 of that approval provided that"Consideration of a continued Market use within the MPket Page 2 9-03 C unity Mar 2 tP Downtown shall be granted after a more detailed review of the operation's first season, the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process." To staff's knowledge, the Market operation was brief. Staff has not been made aware of any issues noted as a result of the activity so it would not appear that additional conditions or any change in operation is required at this time. The City's Parks Division has finalized an operation plan for the Gateway Plaza area but has not received any applications for use by the Community Market management. In the event the Community Market wished to expand to the Gateway Plaza area, which is managed by the City, that would be possible under the Gateway's established permitting without further review of the Planning Commission. PUBLIC COMMENT: Notification of the extension request was placed in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 8, 2010. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY AND ECOMOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the application during the initial application review process. The proposal was found to be in compliance with the City's Comprehensive Plan goals,policies, and objectives. The site is located in the Central Business District. The purpose of the CBD Zone is to "provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline". Although farmers markets are not listed as a permitted or conditional use in the CBD or in any other city zone, PAMC 17.24.016 allows "other uses compatible with the intent of the Zoning Code"to be allowed through a conditional use permit process when such uses meet the intent of the intended zone. In consideration of the conditional use permit application that was considered under 17.24.016 PAMC, on July 22, 2009, the Planning Commission approved the permit and imposed conditions of approval to ensure that the activity would not impose a negative impact to traffic patterns, the physical circumstances of the subject property, other uses in the neighborhood, schools,public improvements, or emergency services. The Community Market is described as an "outdoor public street market" for local growers/farmers, locally owned businesses, crafters and community organizations to connect with residents and tourists. The use occurs on Sunday only, in the Clallam Transit lane of the Downtown Gateway center from March 1 to November 15, from 10 a.m. to 4 p.m. Set-up and take-down adds approximately 2 hours making the time of use of the facility from 8 a.m. to 6 p.m. Recent operation of the Market did not result in any negative comment or impacts that were reported to staff. The bus lane is not used by the public transit authority on Sundays. The Clallam Transit Authority, as property owner, is in favor of the use as previously approved.No changes to the existing Market plan have been proposed or are anticipated. The Community Market operates differently than the Port Angeles Farmer's Market in the goods sold. The Community Market involves a broader range of vendors than the Farmer's Market because it is not limited by rules established by the Washington State Farmer's Market CUP 09-03 Community Market Page 3 March 24,2010 Association. The intent is to increase the range of vendors that may participate in the Community Market, including local existing businesses and local outreach groups, while not excluding local farmers currently participating in other similar activities. Community Market organizers have developed a set of operating rules and membership stipulations. Market rules limit the sale of used or second-hand items to avoid the use becoming a "flea market" or community yard sale. The resale of new merchandise is regulated through the membership and management of the Market rather than by City regulation. All vendors will be screened by Market management to ensure that Washington State Department of Revenue regulations are observed. Food handling and preparation is regulated by the Clallam County Health Department. Attachments: A-Conditions,Findings,and Conclusions B—Operational rules and vendor application • CUP 09-03 Community Market Page 4 March 24,2010 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve extension of Conditional Use Permit CUP 09-03 subject to the following 4 conditions, based on the following 13 findings and 4 conclusions in support of the action: Conditions: 1. Extension of CUP 09-13 is approved for the Community Market to operate within the Gateway Transit Center west of the bus transit lane from March 1, to November 15 for a three (3) year period until November 15, 2013. If extension is desired beyond November 15, 2013, such request must be received by the City's Community Economic Development Department prior to expiration of the extension. 2. The Community Market shall operate on Sundays from 10 a.m. to 4 p.m. Set up and take down may extend the operational times as needed such that the use period may occur between 8 a.m. and 6 p.m. Operation of the Market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies will require approval by the City's Department of Community and Economic Development. 3. Vendor vehicles not parking in the transit lanes shall be parked consistent with City parking regulations. 4. Market management shall provide a report of each season's activity at the close of each season(soon after November 15) including a list of vendors. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request dated March 24, 2010, including all information in the public record file, comments and testimony presented during the July 22, 2009, and March 24, 2010 extension request public hearings, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Conditional Use Permit application CUP 09-03 was approved on July 22, 2009, to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles. The use was approved to operate between March Is' and November 15.`h Operation of the activity is outlined in the operation rules entitled "2009 Rules and Policies" submitted with the application materials. 2. The subject site is 123 East Front Street and is situated between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. CUP 09-03 Community Market Page 5 March 24,2010 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, private and public parking areas, and public gathering locations. 6. Operation of the Gateway Plaza east of the proposed site is under separate management, and its use must be approved through a separate process. 7. Per Section 17.96.050(A) PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 8. Section 17.96.070(E)PAMC provides for 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 use complies with permit conditions and there have been no significant, adverse changes in circumstances. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. 10. Reviewing City Departments did not have any comments regarding the extension request. 11. Notification of the extension request appeared in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 5, 2010. 12. A Determination of Non-Significance (#1245) was issued for this proposal on July 21, 2009, during the original application review. The action fulfilled the City's responsibilities under the State Environmental Policy Act(SEPA). 13. The Planning Commission conducted a public hearing on the extension proposal at the March 24, 2010, regular meeting. ' CUP 09-03 Community Market Page 6 March 24,2010 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request of March 24, 2010, including all of the information in the public record file, comments, and testimony presented during the July 22, 2009, and March 24, 2010 public hearings, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. Extension of the activity is consistent with requirements for extension of a conditional use permit as specified in Section 17.96.070(E) PAMC. 3. A Community Market activity has been shown to be similar to permitted activities of the Central Business District that are identified in Section 17.24 of the PAMC and, as such, is in compliance with standards of the City's zoning ordinance. 4. As conditioned, continued operation of the Community Market is per the rules and procedures submitted with the application and approved by the Planning Commission during initial approval on July 22, 2009. Any revisions to those rules and procedures shall be reviewed prior to implementation of any change for potential impacts to the subject area or conflict with existing uses. CUP 09-03 Community Market Page 7 March 24,2010 COMPREHENSIVE PLAN GOALS,POLICIES, AND OBJECTIVES and ZONING REGULATIONS IN SUPPORT OF CONDITIONAL USE PERMIT CUP 09-03: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City.Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Policy A.2 - "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions,Boards or Committees should be consistent with the Comprehensive Plan and its land use map." Land Use Element Goal D. -To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Land Use Element Goal E.-To provide shopping opportunities which meet the needs of all City residents and visitors in safe, usable shopping areas that are compatible with the surrounding area and uses,the environment,and the desired urban design of the City. Transportation Element Policy B.14-"Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired." Transportation Element B.16. -Parking requirements should make allowances for shared parking facilities. Economic Development Element Goal A. -To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base. Economic Development Element Policy A.2. -The City should promote the retention of employment in all sectors of the local economy. Economic Development Element Goal B. -To have a healthy local economy that co-exists with the community's high quality of life through the protection, enhancement, and use of the community's natural, historical, and cultural amenities. Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Central Business District(CBD). The purpose and intent of this zone is: to 'provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline" The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in CUP 09-03 Community Market Page 8 March 24,2010 consideration of other existing and potential uses within the general area in which such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. A D E C E E D PORN ANGELES FEB 3 Ott February 14,2010 UT ofcomm�unity De a opment Department of Community Development City of Port Angeles 321 East 5"St Port Angeles, WA 98362 To Whom It May Concern: We would like to request renewal of our conditional use permit for our outdoor market located at the Gateway Transit Center. We have no change requests to our permit. Sincerely, Aric Mackey Manager PO Box 1145 Port Angeles WA 98362 www.portangelesmarket.com From: Mimi Smith-Dvorak <mimi@portangelesmarket.com> To: <Sroberds@cityofpa.us> Date: 3/19/2010 11:53 AM Subject: Port Angeles Community Market Vendors These were our vendors: Kimberly's Candles & More Love Bite Shunyala Dungeness Gold Stilts and Harris PFOA(Peninsula Friends of Animals) Myztical Party Rental Creative Learning Preschool BoBaggins Daycare First Step Art Supplies Unlimited Lazy J Clallam County YMCA Just Jump CampFire USA Laugh Pack, Inc Wood by Larry Marty David Art Lion's Club Douglas Byrd Art Some Like it Hot Tupperware Fabric Hut We operated from July 26th to August 30th. Y o � � co � � � AUG 17 2009 CITY OF PORT ANGELES Dept.of Community Development R( p►N E L ,ti Application Checklist 1. Complete the Vendor Application 2. Review and sign Vendor Agreement g 3. Mail the Vendor Application, Agreement, and insurance information to: PACM PO Box 1145 Port Angeles, WA 98362 MAUER t - -i71, 3 CONTACT INFORMATION Name: Address: City: State: ZIP Code: Phone: E-mail: Fax: Cell Phone: BUSINESS/COMPANY INFORMATION Business Name: Legal Name: Description of Product(s)/Service(s): Mailing Address: City: State: ZIP Code: Phone: Fax: Website: WA UBI: EIN: Tax-Exempt? Yes No CATEGORY(CHECK ONE) Farm Produce,Flowers&Garden; Fruits,vegetables,and plants Meat,Poultry&Fish; Raw uncooked products,eggs,etc. Specialty Grocery&Prepared Foods; Bread,cheese,pastry,wine,honey,nuts,etc. Food Vendor; Food products for consumption onsite. Crafter/Artist; Handmade items. Local Merchant; Locally owned and operated business. Service Club/Organization BOOTH INFORMATION How do you display your products(circle one)? Canopy Vehicle Cart Trailer Do you require a stall larger than 10ftx10ft? Yes No Is this location approved by the Health Department? Yes No N/A Do you need power? Yes No Do you need water? Yes No Would you be interested in credit card processing services? Yes No SIGNATURE Signature: Date: PRkT ,4NC, Et�E,, Port Angeles Community Market 2009 Vendor Agreement I have read the Port Angeles Market 2009 Rules and Policies and agree to abide by them. I understand that it is my responsibility to obtain all necessary permits and licenses to conduct business at the Port Angeles Market. We hereby agree, as a vendor at the Port Angeles Market, that I/we will indemnify and hold harmless the sponsors of the market site, the Port Angeles Market Ltd, the City of Port Angeles and Clallam Transit, their agents, members and/or employees, from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, arising or growing out of or in any way connected with my/our use of occupancy as a vendor at the Port Angeles Community Market. Signature Signature of applicant: Date: t•7R( AN ELE,, Port Angeles Community Market 2009 Rules and Policies The day-to-day conduct, operation and coordination of the Port Angeles Community Market (PALM) shall be governed according to the following rules and regulations. Exception to these policies may occur on a case-by-case basis, if the exception will be in the best interests of the PALM. 1. Hours & Location The PACM operates every Sunday between March I"and November 15`h from 11 am to 3pm. The market operates in downtown Port Angeles at the Gateway Transit Center, located at 123 E Front St. 2. Operation A. Stalls All market stalls are loft x 10ft. Vendors requiring larger spaces may rent additional stalls. Vendors supply their own tables, chairs and shelter, and are responsible for creating a safe environment. Vendors are responsible to keep their stall space and surrounding area clean. B. Stall Assignments,Reservation & Cancellation Stall spaces are available on a first come,first serve basis. Stall space may be reserved at least 24-hours prior to the day of the market. Unreserved stalls will be assigned the morning of the market by the market manager. Stall rental fees are due prior to operating at the market. All reservations and cancellations must be made at least 48-hours prior to the market date. Cancellations made less than 48-hours prior to the market date, are non- refundable. C. Stall Sharing Sharing of stall space is not permitted. Exceptions may be made at the discretion of the market manager for non-profit organizations. D. Parking There is no space for vendor vehicles inside the market area, all vendor vehicles must be parked on the upper level of the parking structure west of the market, or in the lower garage area east of the market. E. Setup & Take-down Setup is from 9 am to 10:45am on the day of the market. Stall assignments are available from the market manager. During the setup period vendor vehicles may enter the market area for the purpose of unloading. No vehicles are permitted in the market area after 10:45am. No vehicles are permitting underneath the pavilion portion of the market at any time. Carts and hand trucks will be provided for loading and unloading for vendors who are located inside the pavilion area. Vendors are required to remain until the end of the market before taking down their booth. 3. Rules & Conduct In order to foster a spirit of community at Port Angeles Market, all members, vendors and staff are expected to treat each other and customers with courtesy and to work together in a spirit of cooperation, and open, positive communication. 1. No bicycles, scooters or skateboards are allowed in the market area. 2. No hawking, accosting, leafleting or badgering of the public. 3. Refrain from playing live or recorded music with prior-approval of the market manager. 4. The Market may prohibit any person/organization from renting or operating at the Market and may require persons who fail to abide by the policies to leave the Market. The Market reserves the right to withdraw or cancel the membership of a vendor. Membership dues are non-refundable. 5. The promotion of a political party or religious perspective are not considered education/community groups. Organizations or individuals promoting any form of prejudice, political or religious views are not welcome and will be required to dismantle their display and leave the Market immediately. 6. Derisive comments, hateful speech, harassment, threatening or offensive messages/products, and any other anti-social behavior will not be tolerated. 7. The Market manager will have absolute discretion to decide which vendors may participate at the market and to what extent. 8. Political parties or candidates in municipal, state or federal elections are welcome to have a table one-time during the Market season, within 90-days of the election day. 9. Merchants may offer a selection of merchandise or offer services relevant to their business. However, items for sale must adhere to Market policies. 10. Signage advertising "sales", "discounts", "reduced prices", etc. are not allowed. The Market reserves the right to address any signage deemed inappropriate or otherwise unacceptable. 11. The Market has the absolute decision as to the suitability of any product for sale. Used or second-hand materials (including antiques, collectibles, etc.) are not allowed. Foreign made crafts are strongly discouraged and will.be evaluated based on quality and overall suitability for the Market. Commercial products for resale will be evaluated on a case-by-case basis. We encourage high quality items which are in keeping with the overall market goals and g q Y philosophy. 12. All products and food handling procedures must meet health regulations, and conform to the local health department requirements. 13. Scales must be"legal for trade" and are subject to inspection by the Dept. of Agriculture—Weights and Measures Program. 14. All vendors must comply with state and federal law. 15. The Market discourages: dumping of product at below fair market value, price wars between vendors, etc. 16. Vendors are not permitted to smoke in the Market area. 4. Licensing & Permits Vendors must obtain all the required licenses and/or permits prior to operating at the Market. All vendors must be registered with the Washington State Department of Revenue and provide proof they are registered to do business in the State of Washington. 5. Fees The PACM does not tax your gross sales and relies on daily stall fees and rental fees to cover operational expenses. All fees are due prior to operating at the Market. 2009 Fee Schedule Booth Fee (w/Pre-Reservation) $10.00 Booth Fee (w/o Reservation) $25.00 loft x 1Oft Tent Rental (ea) $25/Day 6ft Folding Table(ea) $10/Da Padding Folding Chair(ea) $5/Day 6. Contact Information Market Manager: Aric Mackey Office: 360-450-3580 Cell: 360-775-5003 Email: amackey@portangelesmarket.com Mailing Address: Port Angeles Market PO Box 1145 Port Angeles, WA 98362 Website: www.portangelesmarket.com C R E C Eo � r � AUG 17 2009 CITY OF PORT ANGELES Dept.of Community Development I �T4NElLE; Application Checklist 1. Complete the Vendor Application 2. Review and sign Vendor Agreement 3. Mail the Vendor Application, Agreement, and insurance information to: PACM PO Box 1145 Port Angeles, WA 98362 CONTACT INFORMATION Name: Address: City: State: ZIP Code: Phone: E-mail: Fax: Cell Phone: BUSINESS/COMPANY INFORMATION Business Name: Legal Name: Description of Product(s)/Service(s): Mailing Address: City: State: ZIP Code: Phone: Fax: Website: WA LIBI: EIN: Tax-Exempt? Yes No CATEGORY(CHECK ONE) Farm Produce,Flowers&Garden; Fruits,vegetables,and plants Meat,Poultry&Fish; Raw uncooked products,eggs,etc. Specialty Grocery&Prepared Foods; Bread,cheese,pastry,wine,honey,nuts,etc. Food Vendor; Food products for consumption onsite. Crafter/Artist; Handmade items. Local Merchant; Locally owned and operated business. Service Club/Organization BOOTH INFORMATION How do you display your products(circle one)? Canopy Vehicle Cart Trailer Do you require a stall larger than 10ftx10ft? Yes No Is this location approved by the Health Department? Yes No N/A Do you need power? Yes No Do you need water? Yes No Would you be interested in credit card processing services? Yes No SIGNATURE Signature: Date: Port Angeles Community Market 2009 Vendor Agreement I have read the Port Angeles Market 2009 Rules and Policies and agree to abide by them. I understand that it is my responsibility to obtain all necessary permits and licenses to conduct business at the Port Angeles Market. I/We hereby agree, as a vendor at the Port Angeles Market, that Uwe will indemnify and hold harmless the sponsors of the market site, the Port Angeles Market Ltd, the City of Port Angeles and Clallam Transit, their agents, members and/or employees, from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, arising or growing out of or in any way connected with my/our use of occupancy as a vendor at the Port Angeles Community Market. Signature Signature of applicant: Date: �T rN �'E Port Angeles Community Market 9 Y 2009 Rules and Policies The day-to-day conduct, operation and coordination of the Port Angeles Community Market (PACM) shall be governed according to the following rules and regulations. Exception to these policies may occur on a case-by-case basis, if the exception will be in the best interests of the PACM. 1 . Hours & Location The PACM operates every Sunday between March 1"and November 15`h from I lam to 3pm. The market operates in downtown Port Angeles at the Gateway Transit Center, located at 123 E Front St. 2. Operation A. Stalls All market stalls are loft x loft. Vendors requiring larger spaces may rent additional stalls. Vendors supply their own tables, chairs and shelter, and are responsible for creating a safe environment. Vendors are responsible to keep their stall space and surrounding area clean. B. Stall Assignments,Reservation & Cancellation Stall spaces are available on a first come, first serve basis. Stall space may be reserved at least 24-hours prior to the day of the market. Unreserved stalls will be assigned the morning of the market by the market manager. Stall rental fees are due prior to operating at the market. All reservations and cancellations must be made at least 48-hours prior to the market date. Cancellations made less than 48-hours prior to the market date, are non- refundable. C. Stall Sharing Sharing of stall space is not permitted. Exceptions may be made at the discretion of the market manager for non-profit organizations. D. Parking There is no space for vendor vehicles inside the market area, all vendor vehicles must be parked on the upper level of the parking structure west of the market, or in the lower garage area east of the market. E. Setup & Take-down Setup is from 9 am to 10:45am on the day of the market. Stall assignments are available from the market manager. During the setup period vendor vehicles may enter the market area for the purpose of unloading. No vehicles are permitted in the market area after 10:45am. No vehicles are permitting underneath the pavilion portion of the market at any time. Carts and hand trucks will be provided for loading and unloading for vendors who are located inside the pavilion area. Vendors are required to remain until the end of the market before taking down their booth. 3. Rules & Conduct In order to foster a spirit of community at Port Angeles Market, all members, vendors and staff are expected to treat each other and customers with courtesy and to work together in a spirit of cooperation, and open, positive communication. 1. No bicycles, scooters or skateboards are allowed in the market area. 2. No hawking, accosting, leafleting or badgering of the public. 3. Refrain from playing live or recorded music with prior-approval of the market manager. 4. The Market may prohibit any person/organization from renting or operating at the Market and may require persons who fail to abide by the policies to leave the Market. The Market reserves the right to withdraw or cancel the membership of a vendor. Membership dues are non-refundable. 5. The promotion of a political party or religious perspective are not considered education/community groups. Organizations or individuals promoting any form of prejudice, political or religious views are not welcome and will be required to dismantle their display and leave the Market immediately. 6. Derisive comments, hateful speech, harassment, threatening or offensive messages/products, and any other anti-social behavior will not be tolerated. 7. The Market manager will have absolute discretion to decide which vendors may participate at the market and to what extent. 8. Political parties or candidates in municipal, state or federal elections are welcome to have a table one-time during the Market season, within 90-days of the election day. 9. Merchants may offer a selection of merchandise or offer services relevant to their business. However, items for sale must adhere to Market policies. 10. Signage advertising "sales", "discounts", "reduced prices", etc. are not allowed. The Market reserves the right to address any signage deemed inappropriate or otherwise unacceptable. 11. The Market has the absolute decision as to the suitability of any product for sale. Used or second-hand materialsincluding antiques, collectibles, etc.)) are not allowed. Foreign made crafts are strongly discouraged and will be evaluated based on quality and overall suitability for the Market. Commercial products for resale will be evaluated on a case-by-case basis. We encourage high quality items which are in keeping with the overall market goals and philosophy. 12. All products and food handling procedures must meet health regulations, and conform to the local health department requirements. 13. Scales must be"legal for trade"and are subject to inspection by the Dept.of Agriculture—Weights and Measures Program. 14. All vendors must comply with state and federal law. 15. The Market discourages: dumping of product at below fair market value,price wars between vendors, etc. 16. Vendors are not permitted to smoke in the Market area. 4. Licensing & Permits Vendors must obtain all the required licenses and/or permits prior to operating at the Market. All vendors must be registered with the Washington State Department of Revenue and provide proof they are registered to do business in the State of Washington. 5. Fees The PACM does not tax your gross sales and relies on daily stall fees and rental fees to cover operational expenses. All fees are due prior to operating at the Market. 2009 Fee Schedule Booth Fee (w/Pre-Reservation) $10.00 Booth Fee (w/o Reservation) $25.00 1Oft x 1Oft Tent Rental (ea) $25/Da 6ft Folding Table (ea) $10/Da Padding Folding Chair(ea) $5/Da 6. Contact Information Market Manager: Aric Mackey Office: 360-450-3580 Cell: 360-775-5003 Email: amackey@portangelesmarket.com Mailing Address: Port Angeles Market PO Box 1145 Port Angeles,WA 98362 Website: www.portangelesmarket.com. F • P 0Re.T NG ELES E7 FILE. W A S H I N G T O N, U. S. A. ��-A DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, Associate Planner DATE: July 22, 2009 RE: Conditional Use Permit- CUP 09-03 APPLICANT: Aric Mackay OWNER: Clallam Transit Authority LOCATION: Downtown Gateway—transit lanes 123 East Front Street REQUEST: An outdoor community market one day each week (Sunday) froma.m. to 6 p.m. from March 1 to November 15. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 09-03 with until November 15, 2009, citing 5 conditions, 13. findings and 3 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The proposed site is the Clallam Transit public bus lanes adjacent to the west side of the Downtown Gateway structure between Front Street and Railroad Avenue. Lots in the block vary in width but are typically 300 feet deep. The specific site will occupy approximately 14,500 square feet in the Downtown area. The property is developed as a public transit lane and is used as such for pick-up and drop-off of bus riders Monday through Saturday. The property does not contain any environmentally sensitive areas; however,a small portion of the site is within 200 feet of the marine shoreline and the Peabody Creek estuary. The site is accessed from either Front Street, which is classified as a minor arterial, or Railroad. Avenue, an improved local access street. The site is gradually sloped from south to north, with the entire site being paved and drained to the city stormwater system. The application and site. neaps are attached as Attachment B. Development in the area is primarily one and two story Downtown commercial structures. The proposed site is a portion of the recently developed public Gateway.Transit Center that includes the bus lane Ivhere the market is proposed to take place, the covered plaza ' i CUP 09-03 Co affni Market Page 2 July;21i 2009 area(including office space and restrooms)to the east, and a two story parking facility to the west.. 0 DEPARTMENT COMMENTS: Reviewing City Departments (Fire, Public Works and Utilities, Parks, and Recreation) had no objections. The Parks Division indicated approval of the proposal. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on June 26, 2009,posted on the subject site on July 7, 2009, and mailed to property owners within 300 feet of the subject property on July 2, 2009. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY AND ECOMOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the application with references listed in Attachment C found to be the most relevant to the proposal. The City's Comprehensive Plan and Land Use Map identify the area as being located in the Harbor Planning Area and designate the site as Commercial. The Port Angeles Municipal Code (Title 17—Zoning) identifies the site as being in the Central Business District. The purpose of the CBD Zone is to "provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline'. Farmers' markets are not listed a�,a permitted or conditional use in the CBD or in any other city zone. However, PAMC 17.24. allows "other uses compatible with the-intent of the Zoning Code"to be allowed through a conditional use permit process when such uses meet the intent of the intended zone. Conditional use permit provisions are found in PAMC 17.96.050. In consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. In review of a conditional use permit, consideration is also given to the impacts of an intended .activity on traffic patterns, the physical circumstances of a.subject property, other uses in the neighborhood, schools, and public improvements, and emergency services. The proposed use is described-as.an 'outdoor public street market" for local . growers/farmers, locally owned businesses,.crafters and community organizations to connect with residents and tourists. The use is intended to occur one day a week, on Sundays, in the Downtown area from March 1 to November 15, from 10 a.m. to 4 p.m. If successful, the use is anticipated to continue for several years. The bus lane is not used by public transit busses on Sundays and is therefore available for such use without causing undue impacts to vehicle transportation on City streets. The property, owner, Clallam Transit, has sanctioned the use by signing the application. Many Downtown businesses are not regularly open on Sundays. Studies have shown that parking,is more available on Sundays than on other days of the week. The exceptions to this are weekends when special everts, i.e., Crab Fest, Arts in Action, the Juan de Fuca Festival, are occurring. Because many businesses are not open, parking is generally more available, and adverse impacts with respect to CUP 09-03 Community Market Page 3 July 21,2009 traffic should be reduced. The operation of a Community Market may, however, increase traffic and pedestrian activity to a point that some Downtown businesses may choose to operate on Sundays to take advantage of increased activity. Vendors at the Community Market should attempt to locate parking for their vehicles in more remote sites in order to allow adequate customer and visitor parking. The Community Market is intended to be similar to other festival style, open-air markets,. sometimes known as farmers' markets or public markets, and usually have a beneficial economic impact to areas where they are held. Such activities tend to generate an increase in people visiting an area and therefore an increase in consumer spending in the area. Out of town visitors arriving to or from the Coho Ferry may be enticed to linger longer in the Downtown area, and to possibly spend money they might not otherwise spend. Results of a recent visit by the Sustainable Development Assessment Team (SDAT) sponsored through a grant from the American Institute of Architects recommended that such activities are often.a positive economic generator in Downtown areas. The Community Market would operate differently than the Port Angeles Farmer's Market in the goods sold. The Community Market intends to involve a broader range of vendors than the Farmer's Market, in that they will not be limited by rules established by the Washington.State Farmer's Market Association. The intent is to increase the type of vendors that may.participate in the Community Market, including local existing businesses and local outreach groups, while not excluding local farmers currently participating in existing Port Angeles Farmer's Market activities. The Community Market organizers have developed a set of operating rules and membership stipulations. The rules limit the sale of use of second-hand items in an attempt to avoid the Market becoming a "flea market" or community yard sale. The resale of new merchandise would be regulated through the membership and management of the Market, rather than by City regulation. Political groups and activities will also be limited by Market operating rules. All vendors will be screened by Market management to ensure that Washington State Department of Revenue regulations are observed. Food handling and preparation will be regulated by the Clallam County Health Department. If vendors are allowed by the Community Market are allowed to sell second-hand or used items,those vendors would be required to obtain a Second-hand Dealers permit from the City of Port Angeles per PAMC 5.44. The Gateway Transit Center is a newly opened facility in the Downtown, and the Community Market is a newly proposed use on the site. Policies controlling activities within the Gateway Pavilion area have not been fully developed at this time. Therefore, all-of the potential impacts of such a proposed use have.not been experienced and are difficult to anticipate. Because of this, the Com mun-i-ty Market-should-be.permitted for a single season with the condition that the use be.further reviewed after its debut season operation concludes in November and management policies of the Gateway area have been formulated and tested. It shall be contingent upon the Market managers to submit an application to the Community and Economic Development Department with adequate time to review and schedule a public hearing before the Planning Commission prior to approval of subsequent years of operation. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action per WAC 197- 11-355. Attachments: A -Conditions, Findings,and Conclusions B —Application C - Zoning Ordinance, Comprehensive Pian,and Other Municipal Code References CUP 09-03 Community Market Page 4 , July 21,2009 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-03 subject to 5 conditions and based on the following 13 findings and 3 conclusions in support of the action: Conditions: 1. The Community Market shall operate within the Gateway Transit Center, particularly east of the public parking structure to the west of the Gateway bus transit lane. Use of the facility is regulated by the property owner/manager. G 2. The Community Market shall operate on Sundays only from}/0 a.m. to�p.m. 3. Approval for the Community Market shall be from July 22 to November 15, 2009. Consideration of a continued Market use within the Downtown shall be granted after a more detailed review of the operation's first season, the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process. 4. Vendor vehicles shall be parked at off-site locations and be consistent with parking regulations applicable to the parking location. 5. Market management shall provide a list of vendors to the City on a monthly basis. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009,including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds.that: 1. Aric Mackey submitted Conditional Use Permit application CUP 09-03 to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port An eles on June 24, 2009. The application identifies an intent to operate from 1,d a.m. to p.m. on Sundays, between March 1St and November- 15t" & 2. The proposed site, is located-between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles at 123 E. Front Street. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Plamling Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, parking areas, and public gathering areas. CUP 09-03 Community Market Page 5 July 21,2009 6. Operation of the Gateway Plaza site east of the proposed site is under separate management, and its use must be approved through a separate process. The Gateway Transit Center and Pavilion are recently completed public transit and public gathering facilities. Specific policies and procedures for use of the areas have not been finalized. The proposed activity is the first use proposed for the transit center other than for typical. transit purposes for which the center was originally intended. T ., Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the . Comprehensive Plan, and not contrary to the public use and interest. In each application. the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare,-and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than.one year but may be extended following the initial year. 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. 9. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 10. Reviewing City Departmental comments were considered in the review of this application. Reviewing City departments had no concerns with the proposal. 11. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on June 26, 2009 and posted on the subject site on July 7, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 2, 2009. 12. A Determination of Non-Significance has been issued for this proposal and fulfills the City's responsibilities under the State Environmental Policy Act (SEPA). 13. The Planning Commission opened a public hearing on the proposal at the July 22. 2009, regular meeting. CUP 09-03 Community Market Page 6 July 21,2009 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, including all of the information in the public record file,- comments, le, .comments, and testimony presented during.the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 3. As conditioned, the proposal will allow a trial operation period to enable impacts associated with use of the public transit and pavilion area for activities other than typical transit uses to be evaluated and for a set management procedure to be established: CUP 09-03 Community Market Page 7 July 21,2009 COMPREHENSIVE PLAN GOALS,POLICIES,.AND OBJECTIVES and ZONING REGULATIONS IN SUPPORT OF CONDITIONAL USE PERMIT CUP 09-03: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed iii the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal., An analysis of compliance with those policies is as follows: Land Use Element Policy A.2 - "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." Land Use Element Goal D. - To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Land Use Element Goal E. - To provide shopping opportunities which meet the needs of all City residents and visitors in safe, usable shopping areas that are compatible with the surrounding area and uses,the environment,and the desired urban design of the City. Transportation Element Policy B.14 -"Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired." Transportation Element B.16. -Parking requirements should make allowances for shared parking facilities. Economic Development Element Goal A. -To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base. Economic Development Element Policy A.2. -The City should promote the retention of employment in all sectors of the local economy. Economic Development Element Goal B..-To have a healthy local economy that co-exists with the community's high quality of life through the protection, enhancement, and use.of the community's natural, Historical, and cultural amenities. Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and rninimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Central Business District(CBD). The purpose and intent of this zone is: to 'provide a commercial zone intended to strengthen and preserve the area commonly known as the Downtotiv;z 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" The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in CUP 09-03 Community Market Page 8 July 21, 2009 consideration of other existing and potential uses within the general area in which such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental; or hazardous conditions. A In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation,of neighboring property. Anpl.#'�,� 9—D 3 APPLICANT/OWNER INFORMATION: Applicant: Port Angeles Market Ltd dba Port Angeles Community Market Address: PO Box 1145 Port Angeles,WA 98362 Daytime phone#. 360-450-3580 Applicant's representative(if other than applicant): Aric Mackey Address: PO Box 1145 Port Angeles,WA 98362 Daytime phone#: 360-450-3580 Property owner(if other than applicant): Clallam Transit Address: 830 West Lauridsen Blvd.Port Angeles WA 98363 Daytime phone#: 360452-1315 PROPERTY INFORMATION: Street address: 123 E Front St Port Angeles WA 98362 Legal description: Gateway Transit Center Zoning: p Comprehensive Plan designation: �- Property dimensions: 5 , K 3oJ� Property area(total square feet): Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): C.o,nc.r<,,4- w,,c� a{ , PROPOSED USE INFORMATION: Please describe the proposed conditional use: Outdoor public street market located in the transit lanes and in the pavilion area. Number of employees: 0 Hours of operation: Sam to spm Number of on-site parking spaces: Building area (total square feet of floor area for the proposed activity): SIGNATURES: Applicant: Icertify that all of the above statements are true and complete to the best of my knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. I have read this application in its entirety and understand that my submittal.will be :reviewed for completeness. If found to be complete the application will be scheduledfor the next available Planning Commission meeting. Ifnotcomplete, whenrequested information has been eceive the application will be scheduled for the next a ailable meeting.. Signature Date 4 �� Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature yi Date For Staff Use Only: Permit No. Appl. complete Add. Info requested Port Angeles Community Market 2009 Vendor Agreement I have read the Port Angeles Market 2009 Rules and Policies and agree to abide by them. I understand that it is my responsibility to obtain all necessary permits and licenses to conduct business at the Port Angeles Market. I/We hereby agree, as a vendor at the Port Angeles Market, that I/we will indemnify and hold harmless the sponsors of the market site, the Port Angeles Market Ltd,the City of Port Angeles and Clallam Transit, their agents, members and/or employees, from and against any and all liability, claims, demands, expenses, fees, fines,penalties, suits, arising or growing out of or in any way connected with my/our use of occupancy as a vendor at the Port Angeles Community Market. - �� Signature of applicant: ' Date: 9. Merchants may offer a selection of merchandise or offer services relevant to their business. However, items for sale must adhere to Market policies. 10. Signage advertising "sales", "discounts", "reduced prices", etc. are not allowed. The Market reserves the right to address any signage deemed inappropriate or otherwise unacceptable. 11. The Market has the absolute decision as to the suitability of any product for sale. Used or second-hand materials (including antiques, collectibles, etc.) are not allowed. Foreign made crafts are strongly discouraged and will be evaluated based on quality and overall suitability for the Market. Commercial products for resale will be evaluated on a case-by-case basis. We encourage high quality items which are in keeping with the overall market goals and philosophy.. 12.All products and food handling;procedures must meet health regulations, and conform to the local health department requirements. 13. Scales must be"legal for trade"and are subject to inspection by the Dept. of Agriculture—Weights and Measures Program. 1.4.All vendors must comply with state and federal law. 15. The Market discourages: dumping of product at below fair market value, price wars between vendors, etc. 16. Vendors are not permitted to smoke in the Market area. 4. Licensing & Permits Vendors must obtain all the required licenses, insurance and/or permits prior to operating at the Market. All vendors must be registered with the Washington State Department of Revenue and provide proof they are registered to do business in the State of Washington. 5. Fees The PACM does not tax your gross sales and relies on membership dues and daily stall rental fees to cover operational expenses. All fees are due prior to operating at the Market. 2009 Fee'Schetlule � °.�w a Member Non-Member Mi-Mi "Fee 100:00 -N/A : Booth Rental Fee $10.00 $25.00 i I Oft x 10ft Tent Rental (ea) $40/Day $40/Day 6ft Folding Table (ea) $10/Day $10/Day Padding Folding Chair (ea) $5/Day $5/Day - - -- - ------ --- ---....------ ---------._.._. .......... — Non-Profit orbanizations receive 50% off posted fees. 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M. .' yt v1^it '�Sb ,- yr . lsfr,� �y}� rtT �n 4n� � �'. r •, �✓*�/ , '�•rl �-.y r � t. {t s h�a�f rah.. Cyt 6 x� /�.�'Lt �1 �' ;'1 t`��t�•, r:.7. �; 4 L J!u AI'�a�ir!{�(. le't �pK�J 'tt� ,'��'� 'A�.f •'i�� r: 4' ! ',r �r' i '�p%�1>r '-�' S 4�y� ) a �t�{a .t �N��iS?'^ I y j4'� ��. i! ;r,, a .�j eA��, {,rbc y ^t)y; •a •,� �''{`,,r�; �� •� P.'�i �`- ill.,¢ a t`�.c,;a r .1,. J� r� P4R�T ANGELES June 8,2009 Planning Commission City of Port Angeles 321 East 5" St Port Angeles, WA 98362 To Whom It May Concern: The Port Angeles Community Market primary goal is to provide a central focal point for the community for shopping,entertainment, and information. We will work closely with local businesses, clubs,non-profit groups and government agencies to enable both local residents and tourists to connect with products, services,and resources they may have otherwise been unaware. The Port Angeles Community Market will be very close to a farmers market in layout and . presentation. However,we are more community and business oriented and do not adhere to the strict Washington.State Farmers Market Associations requirements for vendors. We anticipate 40-50 vendors this year and doubling in size next year. A number of vendors from other regional markets have already joined and will be attending the market. Some key points that make our market unique. 1. Existing `brick and mortar' business will be welcome to participate in the market as well as our special events. We have a numerous local/regional and even downtown businesses that are already planning to attend year round. 2. Our focus is on `inclusion' and not exclusion,and will work to find a win-win solution to benefit the downtown and the community. 3. While we aren't a farmers market in the strictest definition, we are passionate supporters of local famers and growers. This is reflected in the fact that 30% of the market is dedicated to growers and local famers. I look forward to working with you to address any issues or questions you or the public may have. Sincerely, Aric Mackey Market Manager/Principal PO Box 1145 fort Angeles WA 98362 www.portangelesmarket.com 1 June 8,2009 Planning Commission. City of Port Angeles 321 East 5'" St Port Angeles, WA 98362 To Whom It May Concern: The Port Angeles Community Market primary goal is to provide a central focal point for the. community for shopping, entertainment, and information. We will work closely with local businesses, clubs,non-profit groups.and government agencies to enable both local residents and tourists to connect with products, services,and resources they may have otherwise been unaware. - The Port Angeles Community Market will be very close to a farmers market in layout and presentation.However,we are more community and business oriented and do not adhere to the strict Washington State Farmers Market Associations requirements for vendors. We anticipate 40-50 vendors this year and doubling in size next year. A number of vendors from other regional markets have already joined and will be attending the market. Some key.points that make our market unique. 1. Existing `brick and mortar' business will be welcome to participate in the market as well as our special events. We have a numerous local/regional and even downtown businesses that are already planning to attend year round. 2. Our focus is on `inclusion' and not exclusion,and will work to find a win-win solution to benefit the downtown and the community. 3. While we aren't a farmers market in the strictest definition, we are passionate supporters of local famers and growers. This is reflected in the fact that 30% of the market is _ . ... ._ ___._. dedicated..to_growers_and-local_famers.___ I look forward to working with you to address any issues or questions you or the public may have. Sincerely, Aric Mackey Market Manager/Principal PO Box 1145 Port Angeles WA 98362. ww,,v.portarnt;eIcgmarket.com Port Community Market,. : , A_ I ,ELE m overview. 00/08/2009 Presented by: Aric Mackey V1.3 Overview Port Angeles Market Ltd dba Port Angeles Community Market', is a for-profit corporation incorporated in Washington State. The Port Angeles Community Market (PACM) will be a public street market for local growers/farmers, locally owned businesses, crafters and community organizations to connect with residents and tourists. It.will operate March 15t, through November 15th from 10am-4pm every Sunday For the 2009 season, we are tentatively planning to operate the first market on July. 19th. This assumes that the facility is completed and open, as well as approval of our Conditional Use Permit application by the city. Operation The market will have 3 rows of loft x 10ft vendor 'stalls' running the length of the transit lanes. Other vendors will be located on the east sidewalk and inside the pavilion urea, as needed. 7 Vendor stalls located in the transit lane will consist mostly of folding canopy tents. Vendors will be selling things like fresh produce, crafted items, prepared foods, etc. Facility Access The PACM would need exclusive access to and use of the facility between Sam and 6pm on Sunday. This is to allow for vendors to setup in the morning and tear-down in the afternoon, as well as general cleanup. Insurance / Liability PACM would obtain a $2 million commerical liability insurance policy, with the City of Port Angeles and Clallam Transit listed as co-insurers on the policy. All vendors would agree to a 'hold-harmless' agreement prior to operating at the market. Garbage The PACM will provide garbage cans during the market for customer use, and would dispose of the garbage off-site. Utilities Access to..b.asi.c_1.1.OV_se.r_vice would_be-n-ecessary,..as somevendors.may.need.electricity. Water accessibility would be helpful, but would not be provided to vendors. Restrooms The market would use the bathrooms located in the pavilion. We are currently working with the City of Port Angeles to rent the pavilion. Olympic Bus Lines / Heckmann Motors Olympic bus lines currently operates in the transit lanes on Sundays. We are in the process of contacting Heckmann Motors to work out a solution. 6/8/2009 Port Angeles Community Market Page 2 IWAIN, Port Angeles Community Market 2009 Rules and Policies it The day-to-day conduct, operation and coordination of the Port Angeles Community Market(PACM) shall be governed according`to the following rules and regulations. Exception to these policies may occur on a case-by-case basis, if the exception will be in the best interests of the PACM. 1. Hours & Location The PACM operates every Sunday between March 1St and November 15th from 1 Dam to 4pm. The market operates in downtown Port Angeles at the Gateway Transit Center, located at 123 E Front St. 2. Operation a. Stalls All market stalls are IOft x IOft. Vendors requiring larger spaces may rent additional stalls. Vendors supply their own tables, chairs and shelter, and are responsible for creating a safe environment. Vendors are responsible to keep their stall space and surrounding area clean. b. Stall Assignments,Reservation & Cancellation Stall spaces at each market are limited, and are available on a first come, first serve basis. Stall space may be reserved by member and non- members-on-the-website-48-hours pr.for-to--the-day-of-the-market:-Non- reserved stalls will be assigned the morning of the market by the market manager. All reservations and cancellations must be made at least 48-hours prior to the market date. c. Stall Sharing Sharing of stall space is not permitted. 1Exceptions may be made at the discretion of the market manager for non-profit organizations. d. Parking There is no space for vendor vehicles inside the market area, all vendor vehicles must be parked on the upper level of the parking structure west of the market. e. Setup & Take-down Setup is from 9 am to 10:45am on the day of the market. Stall assignments are available from the market manager. During the setup period vendor vehicles may enter the market area for the purpose of unloading. No vehicles are permitted in the market area after 9:45am. No vehicles are permitting underneath the pavilion portion of the market at any time.Carts and handi trucks will be provided for loading and unloading for vendors who are located.inside the pavilion area. Vendors are required to remain until the end of the market before taking down their booth. 3. Rules & Conduct In order to foster a spirit of community at Port Angeles Market, all members, vendors and staff are expected to treat each other and customers with courtesy and to work together in a spirit of cooperation, and open,positive communication. 1. No bicycles, scooters.or skateboards are allowed in the market area. 2. No hawking, accosting, leafleting or badgering of the public. 3. Refrain from playing live or recorded music with prior-approval of the market manager. 4. The Market may prohibit any person%organization from renting or operating at the Market and may require persons who fail to abide by the policies to leave the Market. The Market,reserves the right to withdraw or cancel the membership of a vendor: Membership dues are non-refundable. 5. The promotion of a political party or religious perspective are not considered education/community groups. Organizations or individuals promoting any form of prejudice,political or religious views are not welcome and will be required t0 dismantle their display and leave the Market 'immediately. 6. Derisive comments,hateful speech, harassment,threatening or offensive messages/products, and any other anti-social behavior will not be tolerated. 7. The Market manager will have absolute discretion to decide which vendors may participate at the market and to what extent. 8. Political parties or candidates in municipal, state or federal elections are welcome to have a table one-time during the Market season,within 90-days of the election day. J ■ ■ II II II I 1 I I nye v o� PUS i ■Sol mu M Pill `' �� -�CICCIIIIIIIIII �i � ■ �� roc�� ■ .�, I 1��.. ,ter. �� _ y CO7_IFM- • -,� ��111111 n' • Filing $350.00 ORT AN E *Admnee: *$1200P, WASHINGTON, U. S. A. CITY OF PORT ANGELES ENVIRONMENTAL CHECKLIST Purpose of Checklist: The State Environmental Policy Act(SEPA), Chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement(EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully to the best of your knowledge. In most cases you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know"or"does not apply" (N/A). Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems please ask the City Planning Division employees to assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. BACKGROUND 1. Name of proposed project: A. Address or general location of site: J-,vs _. 3 2. Name, address, and phone number of applicant: �� `4 o�ey 3 60 - 7 s s-00 1 . " po 8o x. 1 ot s F 0 v Avwg�s 6t.T 3( Z 3. Name, address and phone number of contact person if other than applicant: N/A 4. Date checklist prepared: t/z,ql oc� 5. Agency requesting checklist: CITY OF PORT ANGELES 6. Proposed timing or schedule (including phasing, if applicable): L r A. What is the long term objective of this proposal? O'er"4AR- W Lcw►wnv i.%t k y IN-Ita r 144-f 0rl a -�w vka VUAa + T_�At B. How does this project relate to long-term plans? SSea►Y � �r.�-w�aY. r i Environmental Checklist EVALUATION FOR Page 2 AGENCY USE 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. N0 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: PIN 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Jo�nk 1c�n�w 10. List any government approvals or permits that will be needed for your proposal, if known. 7 o r-S- S L e-cl.;-k-+`o"'.-k( v SR- 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) p vk d.o o+' 15 e-c 4 �� 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. PROJECT SPECIFIC ACTIONS: Complete this section if your proposal involves a project specific action such as a subdivision, new construction, a new or expanding business, a site specific rezone (not area- wide), a conditional use permit, a shoreline permit, or similar action: ENVIRONMENT 1. Earth General description of the site (circle one): Flat Iling, hilly, steep slopes, mountainous, er B. What is the steepest slope on the site (approximate percent slope)? Environmental Checklist EVALUATION FOR Page 3 AGENCY USE C. What general types of soils are found on the site(for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. M `n D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. V Ik E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill: P F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. G. About what percent of the site will be covered with impervious surfaces after project construction (for example asphalt or buildings)? H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. )J&� B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/ C. Proposed measures to reduce or control emissions or other impacts to air, if any: 3. Water ,v [IC A. Surface: i.) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, statewhatstream or river it flows into. ii.) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. No iii.) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material: N A iv.) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 1J/A f ' Environmental Checklist EVALUATION FOR Page 4 AGENCY USE v.) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. vi.) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. B. Ground: i.) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N0 ii.) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing chemicals; agricultural wastes; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No C. Water Runoff(including storm water): i.) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will the water flow into other waters? If so, describe. ewe ii.) Could waste materials enter ground or surface waters? If so, generally describe. N ° D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4. Plants A. Check or circle the type of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, water plants: water lily, eelgrass, milfoil, other Other types of vegetation B. What kind and amount of vegetation will be removed or altered? C. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. N � Environmental Checklist EVALUATION FOR Page 5 AGENCY USE 5. Animals A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other B. Threatened or endangered species known to be on or near the site. U WN k�ow-"*- C. Is the site part of a migration route? If so, explain. D. Proposed measures to preserve or enhance wildlife, if any. 6. Energy and Natural Resources A. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Cx,sk-; t�*-Ckv„ QV � B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. N ��, 7. Environmental Health A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. i) Describe special emergency services that might be required. P 0 ^A_- ii) Proposed measures to reduce or control environmental health hazards, if any. B. Noise i) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? /TtC,%,L ii) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. iii) Proposed measures to reduce or control noise impacts, if any: lr Environmental Checklist EVALUATION FOR Page 6 AGENCY USE 8. Land and Shoreline Use A. What is the current use of the site and ' fadjacent properties? C-pvk 0^.Ar C',0.( 'a%J �p i +t^5 B. Has the site been used for agriculture? If so, describe. C. Describe any structures on the site. D. Will any structures be demolished? If so, what? E. What is the current zoning classification of the site? F. What is the current Comprehensive Plan designation of the site? G. What is the current Shoreline Master Program designation of the site? H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. U I. How many people would reside or work in the completed project? 'Sc) ^ too J. Approximately how many people would the completed project displace? Po A_A_ K. Proposed measures to avoid or reduce displacement impacts, if any: L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N 9. Housing A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NA B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housin P. PIA C. Proposed measures to reduce or control housing impacts, if any. 10. Aesthetics A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? c6 �� k Environmental Checklist EVALUATION FOR Page 7 AGENCY USE B. What views in the immediate vicinity would be altered or obstructed? AJ /A C. Proposed measAurres to reduce or control aesthetic impacts, if any. ) 1A 11. Light and Glare A. What type of light or glare will the proposal produce? What time of day would it mainly occur? I C�4 OA ---"P (o f VA. B. Could light or glare from the finished project be a safety hazard or interfere with views? C. What existing off-site sources of light or glare may affect your proposal? N A- D. Proposed measures to reduce or control light and glare impacts, if any. 12. Recreation �/� A. What designated and informal recreational opportunities are in the immediate vicinity? B. Would the proposed project displace any existing recreational uses? If so, describe. &JI10 C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. !� lA 13. Historic and Cultural Preservation A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: No B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. /J C. Proposed measures to reduce or control impacts, if any: N 14. Transportation ' k A. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. .� B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? L_ D q-P1 r-.1 . s i ,r Gn�tk o Environmental Checklist EVALUATION FOR Page 8 AGENCY USE C. How many parking spaces would the completed project have? How many would the project eliminate? N C>'P-- / N14, D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate ether public or private). P E. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. ?05Vib(y geu r-c'q (oy F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. UA kA o-,u dt G. Proposed measures to reduce or control transportation impacts, if any. 15. Public A 5 ub c Services A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. /" '0 B. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities l)1A A. Circle ' ' urrently available at the site electrici natural ga , Ovate refuse service, telephonesanitary se r, septic system, other. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 17. Economics A. If the proposal will result in expansion of an existing business, please describe the nature of the expansion: (e.g., addit�noav?rid agd/or buuii�di�gs, new�equipment, n`ew employees). Sic,s A- buS""-Ss( S 6 `Q-2 l� ��er� d ky 0& '11 -L w-e-�k- d v e_ -V-.t> fro c+ t„ a S S� c. -M4- ,s Zr -+ O B. If the proposal is the creation of a new business, please describe (e.g., re-use of an existing building and site, construction of a new building). rv�IN C. Describe if the proposal is the first of its type in the community, or what the similar uses are. O,IIy Gown rK%)y1 rt ;V^' ��^-t. CL%r4'* . rev- %5 an 0-ys}:n c, S��,fw�.tuS Ovlark.$-I-- .-,A D. How many people will the proposal provide employment for at its completion and what types of jobs will be created (e.g., sales clerks, factory workers, etc.)? (Jobs created by the construction of the proposal should be reported separately.) Nlh Environmental Checklist EVALUATION FOR Page 9 AGENCY USE E. Where will the materials goods or srvices utilized by the proposal come from? l_oc,,l r454CCA,„�y qs-A �Js, .rses, F. Where will the goods or services produced by the proposal be utilized? Loc-al Y . G. Who will utilize the goods or services produced by the proposal? H. Will the proposal alter the tax assessments of the area?ENDANGERED SPECIES ACT (ESA) INFORMATION A. LISTED SPECIES If ESA listed species (salmon, trout, and chars, e.g. bull trout)are present or ever were present in the watershed where your project will be located, your project has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. Are ESA listed salmonids currently present in the watershed in which your project will be: Yes X No Has there ever been an ESA listed salmonid stock present in this watershed: Yes X No Uncertain Please describe Puget Sound Chinook Salmon, Strait of Juan de Fuca summer chum salmon,and bull trout are listed as threatened species in the Elwha River, Morse Creek, and the Strait of Juan de Fuca including Port Angeles Harbor. (If you answered"yes"to either of the above questions, you should complete the remainder of this section. If not, skip to Non Project Action Section Page 131 1. Name of watershed Port Angeles Regional Watershed (Elwha Morse). 2. Name of nearest waterbody 5 4`V c5 �u C C&. 3. What is the distance from this project to the nearest body of water? (Often a buffer between the project and a stream can reduce the chance of a negative impact to fish.) 4. What is the current land use between the project and the potentially affected water body (parking lot, farmland, etc.)? SasAw-ky, par k(v-3 5. Is the project above a: ( ) natural permanent barrier(waterfall) natural temporary barrier(beaver pond); ( ) man made barrier(culvert, dam); ( ) other(explain) /u k 6. If you checked any of the items listed in the above question#5, are there any resident salmonid populations above the blockage?Yes No Don't know 7. What percent of the project will be impervious surface (including pavement and roof area)? 10 0*1t, B. FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. (Both increases and decreases to water flow can affect fish migration.) N Environmental Checklist EVALUATION FOR Page 10 AGENCY USE 1. Does the project require the withdrawal of: Surface water? tJO Name of surface water body Ground water?JV0 Amount From where? Depth of well 2. Will any water be rerouted? 4 3. Will there be retention ponds? If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water body? If a surface water discharge, name of waterbody 4. Will new roads be required? (Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.) 5. Are culverts1proposed as part of the project? N 0 6. Will topography changes affect the duration/direction of runoff flows? If yes, describe: N0 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? If yes, how will the loss of flood storage be mitigated by your project? C. WATER QUALITY. 1. Do you know of any problems with water quality in any of the streams within this watershed? If so, describe 2. Will your project reduce or increase shade along or over a waterbody? M � J 3. Will the project increase nurient loading or have the potential to increase nutrient loading or contaminants(fertilizers, other waste discharges, or runoff)to the waterbody? ,k /� 4. Will turbidity be increased because of the project activities? N � 5. Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? N � Environmental Checklist EVALUATION FOR Page 11 AGENCY USE D. VEGETATION 1. Will the project involve the removal of any vegetation from stream banks? N0 2. If any vegetation is removed, do you plan to replant? N A NON-PROJECT SPECIFIC ACTIONS: Complete this section only if your proposal involves a non-project specific action such as a Comprehensive Plan Amendment, Zoning Code Amendment, area-wide rezone (City-wide or large sub-area), specific rezone, or other similar action: When answering these questions be aware of to what extent the proposal or the types of activities likely to result from the proposal would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Nam. Proposed measures to avoid or reduce such increases: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Nam Proposed measures to protect or conserve plants, animals, fish, or marine life: \/Y.5 3. How would the proposal be likely to deplete energy or natural resources? �ja&A— Proposed measures to protect or conserve energy and natural resources: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness,wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? f V D vv�-- Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? 0 bVu-- Proposed measures to avoid or reduce shoreland and land use impacts: Environmental Checklist EVALUATION FOR Page 12 AGENCY USE 6. How would the proposal be likely to increase demands on transportation or public services and utilities? v*,a-aa- a5, -PAA-,- T2s4Y'o,* v►tis . Proposed measures to reduce or respond to such demand(s): 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. l �\ AJ I,the undersigned, state that to the best of my knowledge,the above information is true and complete. It is understood that the lead agency may withdraw any declaration of nonsignificance that it mig issue in reliance upon this checklist should there be any willful misrepresentat' n or7f lack of full disclosure on my part. SIGNED: 7 DATE: �O PHONE: 36 ,I a n 217 ltv 315 01 "e /� r 107 0 M , 114. m. .. 114 122 1 105 1 124 x 107 k � 4 a \ 123 f 1"Lb. 112 124 M 222 w 132 2?v �V Fir, i \I,- r ®►e.� WASH I N GTO N, U. S. A. Community & Economic Development Department �P March 25,2010 ,4 € rzCommunity Market Attn: Aric Mackay 4 P.O. Box 1145 gjPort Angeles, WA 98362 0. b X iq RE: Conditional Use Permit—CUP 09-03 123 East Front Street r Dear Aric: i>. a k _Y.,� As you know, following a public hearing conducted on March 24, 2010,the Planning Commission „ " ` 4Id� approved a three year extension for the Community Market activity to operate in the Clallam Transit lanes at 123 East Front Street. The extension is approved until November 15, 2013, with the following conditions: r4iV "J Conditions: "� I. Extension of CUP 09-13 is approved for the Community Market to operate within the Gateway Transit Center west of the bus transit lane from March 1, to November 15 for a -, three(3)year period until November 15, 2013. If extension is desired beyond November 5 15,2013, such request must be received by the City's Community and Economic Development Department prior to expiration of the extension. A Xr�Ayr� 2. The Community Market shall operate on Sundays from 10 a.m. to 4 p.m. Set up and take down may extend the operational times as needed such that the use period may occur ?V between 8 a.m. and 6 p.m. Operation of the Market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies will . � require approval by the City's Department of Community and Economic Development. gk 3. Vendor vehicles not.parking in the transit lanes shall be parked consistent with City parking regulations. fr 4. Market management shall provide a report of each season's activity at the close of each season (soon after November 15) including a list of vendors. If you have any questions regarding any of this information, please don't hesitate to contact this -a office. S'incerrely, ¢ m Sue Roberds Planning Manager y Cc: Clallam Transit Phone: 360-417-4750/Fax: 360-417-4711 r3 Website:www.cityofpa.us/ Email: smartgrowth@cityofpa.us 321 East Fifth Street- P.O. Box 1150/ Port Angeles, WA 98362-0217 Planning Commission Minutes March 24,2010 Page 4 EXTENSION OF CONDITIONAL USE PERMIT—CUP 09-03— COMMUNITY MARKET: Request for extension of a conditional use permit to allow continuation of an open air community market in the City's Central Business District. Chair Reiss qualified Commission members. No one had any Appearance of Fairness or Conflict of Interest concerns to claim. He then opened the public hearing. Director of Community & Economic Development Nathan West reviewed staff's report recommending that the permit be extended for an additional three year period. Aric Mackay, 1014 Grant Avenue was present representing the application. Mr. Mackay responded to a question that if the Transit Authority decided to open on a Sunday, the area would not be available for the Market Market uses are secondary to the public transportation use of the site. Market management and Transit will work cooperatively on such issues. Following discussion as to processing of the extension request, Commissioner Matthews moved to concur with staff to extend the conditional use permit for an additional three year period to November 1,2013 with the following conditions,findings, and conclusions: Conditions: 1. Extension of CUP 09-13 is approved for the Community Market to operate within the Gateway Transit Center west of the bus transit lane from March 1, to November 15 for a three (3) year period until November 15, 2013. If extension is desired beyond November 15, 2013, such request must be received by the City's Community Economic Development Department prior to expiration of the extension. 2. The Community Market shall operate on Sundays from 10 a.m. to 4 p.m. Set up and take down may extend the operational times as needed such that the use period may occur between 8 a.m. and 6 p.m. Operation of the Market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies will require approval by the City's Department of Community and Economic Development. 3. Vendor vehicles not parking in the transit lanes shall be parked consistent with City parking regulations. 4. Market management shall provide a report of each season's activity at the close of each season (soon after November 15) including a list of vendors. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request dated March 24, 2010, including all information in the public record file, comments and testimony presented during the July 22, 2009, and March 24, 2010 extension request public hearings, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: Planning Commission Minutes March 24,2010 Page S 1. Conditional Use Permit application CUP 09-03 was approved on July 22, 2009, to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles. The use was approved to operate between March 1St and November 15.1h Operation of the activity is outlined in the operation rules entitled "2009 Rules and Policies" submitted with the application materials. 2. The subject site is 123 East Front Street and is situated between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and. shoreline area are located one half block north of the proposed site. 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, private and public parking areas, and public gathering locations. 6. Operation of the Gateway Plaza east of the proposed site is under separate management, and its use must be approved through a separate process. 7. Per Section 17.96.050(A) PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety,welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 8. Section 17.96.070(E) PAMC provides for 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 use complies with permit conditions and there have been no significant, adverse changes in circumstances. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. Planning Commission Minutes March 24,2010 Page 6 10. Reviewing City Departments did not have any comments regarding the extension request. 11. Notification of the extension request appeared in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 5, 2010. 12. A Determination of Non-Significance (#1245) was issued for this proposal on July 21, 2009, during the original application review. The action fulfilled the City's responsibilities under the State Environmental Policy Act (SEPA). 13. The Planning Commission conducted a public hearing on the extension proposal at the March 24, 2010,regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request of March 24, 2010, including all of the . information in the public record file, comments, and testimony presented during the July 22, 2009, and March 24, 2010 public hearings, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. Extension of the activity is consistent with requirements for extension of a conditional use permit as specified in Section 17.96.070(E) PAMC. 3. A Community Market activity has been shown to be similar to permitted activities of the Central Business District that are identified in Section 17.24 of the PAMC and, as such, is in compliance with standards of the City's zoning ordinance. 4. As conditioned, continued operation of the Community Market is per the rules and procedures submitted with the application and approved by the Planning Commission during initial approval on July 22, 2009. Any revisions to those rules and procedures shall be reviewed prior to implementation of any change for potential impacts to the subject area or conflict with existing uses. Commissioner Boyle seconded the motion that passed 6—0. POf_ _T NG, �L�_�S `- WAS H I N GTO N, U. S. A. [DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: March 24, 2010 RE: EXTENSION of Conditional Use Permit- CUP 09-03 APPLICANT: Aric Mackay OWNER: Clallam Transit Authority LOCATION: Downtown Gateway–transit lanes 123 East Front Street REQUEST: An outdoor community market one day each week(Sunday) from 10 a.m. to 4 p.m. from March 1 to November 15. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the extension of CUP 09-03 until November 15, 2013, citing 5 conditions, 13 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The Community Market is located in the Clallam Transit public bus lanes adjacent to the west side of the Downtown Gateway structure between Front Street and Railroad Avenue. Lots in the block vary in width but are typically 300 feet deep. The use occupies approximately 14,500 square feet in the Downtown area. The property is developed as a public transit lane and is used as such for pick-up and drop-off of bus riders Monday through Saturday. The transit use does not occur on Sunday, the date of operation of the Market activity. The property does not contain environmentally sensitive areas; however, a small portion of the site is within 200 feet of the marine shoreline and the Peabody Creek estuary. The site is accessed from either Front Street, which is classified as a minor arterial, or Railroad Avenue, an improved local access street. The application and site maps are attached as Attachment B. PREVIOUS ACTION: Following a public hearing conducted on July 22, 2009, the Planning Commission approved initial operation for the period requested: March 1 through November 15, 2009. Condition#3 of that approval provided that"Consideration of a continued Market use within the CUP 09-03 Community Market • • Page 2 March 24,2010 Downtown shall be granted after a more detailed review of the operation's first season,the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process." To staff's knowledge, the Market operation was brief. Staff has not been made aware of any issues noted as a result of the activity so it would not appear that additional conditions or any change in operation is required at this time. The City's Parks Division has finalized an operation plan for the Gateway Plaza area but has not received any applications for use by the Community Market management. In the event the Community Market wished to expand to the Gateway Plaza area, which is managed by the City,that would be possible under the Gateway's established permitting without further review of the Planning Commission. PUBLIC COMMENT: Notification of the extension request was placed in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 8, 2010. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY AND ECOMOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the application during the initial application review process. The proposal was found to be in compliance with the City's Comprehensive Plan goals, policies, and objectives. The site is located in the Central Business District. The purpose of the CBD Zone is to "provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline"' horeline". Although farmers markets are not listed as a permitted or conditional use in the CBD or in any other city zone, PAMC 17.24.016 allows "other uses compatible with the intent of the Zoning Code"to be allowed through a conditional use permit process when such uses meet the intent of the intended zone. In consideration of the conditional use permit application that was considered under 17.24.016 PAMC, on July 22, 2009, the Planning Commission approved the permit and imposed conditions of approval to ensure that the activity would not impose a negative impact to traffic patterns, the physical circumstances of the subject property, other uses in the neighborhood, schools, public improvements, or emergency services. The Community Market is described as an "outdoor public street market" for local growers/farmers, locally owned businesses, crafters and community organizations to connect with residents and tourists. The use occurs on Sunday only, in the Clallam Transit lane of the Downtown Gateway center from March Ito November 15, from 10 a.m. to 4 p.m. Set-up and take-down adds approximately 2 hours making the time of use of the facility from 8 a.m. to 6 p.m. Recent operation of the Market did not result in any negative comment or impacts that were reported to staff. The bus lane is not used by the public transit authority on Sundays. The Clallam Transit Authority, as property owner, is in favor of the use as previously approved. No changes to the existing Market plan have been proposed or are anticipated. The Community Market operates differently than the Port Angeles Farmer's Market in the goods sold. The Community Market involves a broader range of vendors than the Farmer's Market because it is not limited by rules established by the Washington State Farmer's Market CUP 09-03 Community Market • • Page 3 March 24,2010 Association. The intent is to increase the range of vendors that may participate in the Community Market, including local existing businesses and local outreach groups, while not excluding local farmers currently participating in other similar activities. Community Market organizers have developed a set of operating rules and membership stipulations. Market rules limit the sale of used or second-hand items to avoid the use becoming a "flea market" or community yard sale. The resale of new merchandise is regulated through the membership and management of the Market rather than by City regulation. All vendors will be screened by Market management to ensure that Washington State Department of Revenue regulations are observed. Food handling and preparation is regulated by the Clallam County Health Department. Attachments: A-Conditions,Findings,and Conclusions B—Operational rules and vendor application CUP 09-03 Community Market 0 • Page 4 March 24,2010 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve extension of Conditional Use Permit CUP 09-03 subject to the following 4 conditions, based on the following 13 findings and 4 conclusions in support of the action: Conditions: 1. Extension of CUP 09-13 is approved for the Community Market to operate within the Gateway Transit Center west of the bus transit lane from March 1, to November 15 for a three (3) year period until November 15, 2013. If extension is desired beyond November 15, 2013, such request must be received by the City's Community Economic Development Department prior to expiration of the extension. 2. The Community Market shall operate on Sundays from 10 a.m. to 4 p.m. Set up and take down may extend the operational times as needed such that the use period may occur between 8 a.m. and 6 p.m. Operation of the Market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies will require approval by the City's Department of Community and Economic Development. 3. Vendor vehicles not parking in the transit lanes shall be parked consistent with City parking regulations. 4. Market management shall provide a report of each season's activity at the close of each season(soon after November 15) including a list of vendors. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request dated March 24, 2010, including all information in the public record file, comments and testimony presented during the July 22, 2009, and March 24, 2010 extension request public hearings, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Conditional Use Permit application CUP 09-03 was approved on July 22, 2009, to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles. The use was approved to operate between March 1S`and November 15.`" Operation of the activity is outlined in the operation rules entitled "2009 Rules and Policies" submitted with the application materials. 2. The subject site is 123 East Front Street and is situated between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. CUP 09-03 Community Market • 0 Page 5 March 24,2010 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, private and public parking areas, and public gathering locations. 6. Operation of the Gateway Plaza east of the proposed site is under separate management, and its use must be approved through a separate process. 7. Per Section 17.96.050(A) PAMC,the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 8. Section 17.96.070(E) PAMC provides for 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 use complies with permit conditions and there have been no significant, adverse changes in circumstances. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. 10. Reviewing City Departments did not have any comments regarding the extension request. 11. Notification of the extension request appeared in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 5, 2010. 12. A Determination of Non-Significance (#1245) was issued for this proposal on July 21, 2009, during the original application review. The action fulfilled the City's responsibilities under the State Environmental Policy Act (SEPA). 13. The Planning Commission conducted a public hearing on the extension proposal at the March 24, 2010, regular meeting. CUP 09-03 Community Market Page 6 March 24,2010 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request of March 24, 2010, including all of the information in the public record file, comments, and testimony presented during the July 22, 2009, and March 24, 2010 public hearings,the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. Extension of the activity is consistent with requirements for extension of a conditional use permit as specified in Section 17.96.070(E) PAMC. 3. A Community Market activity has been shown to be similar to permitted activities of the Central Business District that are identified in Section 17.24 of the PAMC and, as such, is in compliance with standards of the City's zoning ordinance. 4. As conditioned, continued operation of the Community Market is per the rules and procedures submitted with the application and approved by the Planning Commission during initial approval on July 22, 2009. Any revisions to those rules and procedures shall be reviewed prior to implementation of any change for potential impacts to the subject area or conflict with existing uses. CUP 09-03 Community Market • • Page 7 March 24,2010 COMPREHENSIVE PLAN GOALS,POLICIES,AND OBJECTIVES and ZONING REGULATIONS IN SUPPORT OF CONDITIONAL USE PERMIT CUP 09-03: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City.Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Policy A.2 - "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions,Boards or Committees should be consistent with the Comprehensive Plan and its land use map." Land Use Element Goal D. -To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Land Use Element Goal E.-To provide shopping opportunities which meet the needs of all City residents and visitors in safe, usable shopping areas that are compatible with the surrounding area and uses,the environment,and the desired urban design of the City. Transportation Element Policy B.14-"Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired." Transportation Element 13.16. -Parking requirements should make allowances for shared parking facilities. Economic Development Element Goal A. -To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base. Economic Development Element Policy A.2. -The City should promote the retention of employment in all sectors of the local economy. Economic Development Element Goal B. -To have a healthy local economy that co-exists with the community's high quality of life through the protection, enhancement, and use of the community's natural, historical, and cultural amenities. Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Central Business District(CBD). The purpose and intent of this zone is: to 'provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline" The purpose of a conditional use permit is defined as "A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in CUP 09-03 Community Market • • Page 8 March 24,2010 consideration of other existing and potential uses within the general area in which such use is to be located." PANIC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. A In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. ' RE C HE PORN ANGELES TDeptol 3 010 February 14,2010 T A GELES nity Development Department of Community Development City of Port Angeles 321 East 5"'St Port Angeles,WA 98362 To Whom It May Concern: We would like to request renewal of our conditional use permit for our outdoor market located at the Gateway Transit Center. We have no change requests to our permit. Sincerely, Ant- ckt j Aric Mackey Manager PO Box 1145 Port Angeles WA 98362 www.portangelesmarket.com • From: Mimi Smith-Dvorak <mimi@portangelesmarket.com> To: <S roberds@cityofpa.us> Date: 3/19/2010 11:53 AM Subject: Port Angeles Community Market Vendors These were our vendors: Kimberly's Candles & More Love Bite Shunyala Dungeness Gold Stilts and Harris PFOA(Peninsula Friends of Animals) Myztical Party Rental Creative Learning Preschool BoBaggins Daycare First Step Art Supplies Unlimited Lazy J Clallam County YMCA Just Jump CampFire USA Laugh Pack, Inc Wood by Larry Marty David Art Lion's Club Douglas Byrd Art Some Like it Hot Tupperware Fabric Hut We operated from July 26th to August 30th. CITY OF PORT ANGELES NOTICE OF MAILING RE: I, SUE ROBERDS, state that on the day of Dom-- 2010, I mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. AFFIANT Subscribed tome this day of 2010. \� iii n ��\\ P S R De �. .• •. 9 .. NOTARY PUBLIC for State of a ;•�oTaa y 's`p Washington, residing in Port Angeles cn :EXP. 02.24.2012 z -A p t 0 = 0FW Ash\\\\\\NNN urnnn�►�� T/forms/affidavitmailing i !� a CITY OF PORT ANGELES NOTICE OF POSTING RE: en I PAT BARTHOLICK, state that on the day of 2010, I posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. AFFIANT Subscribed to me this day of 2010. NOTARY PUBLIC for the State of Washington, residing in Port Angeles T/forms/affidavitpostingj im CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on February 23, 2010, the CITY OF PORT ANGELES received an application to EXTEND A CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY MARKET in the Gateway Transit Lanes one day each week. The application was considered to be complete on March 4, 2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on MARCH 24, 2010, in consideration of the extension request. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than March 23, 2010, to be included in the staff report. Information may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting.. STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non signficance will be issued for the project following the required review period that ends on March 23, 2010. APPLICANT: ARIC MACKAY—PORT ANGELES MARKET LOCATION: 123 East Front Street— Gateway Transit lanes For further information contact: Sue Roberds, (360) 417-4750 PUB: 3/10/10 POST: 3/08/10 MAIL: 3/08/10 T:\NOTICES\PCpublichearing.wpd DATE (MM/DD/YY) 11111® --. . 8/18/2009 CERTIFICATE OF INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wenner&Davis Ins.Agy. Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 102 East First Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Port Angeles,WA 98362 A Northfield Insurance Company INSURED COMPANY Port Angeles Market LTD B PO Box 1145 COMPANY C Port Angeles, WA 98362 COMPANY D COVERAGES _ _ __ _ THIS IS TOCERTIFYTHATTHEPOLICIESOFINSURANCEl: _ BELOW HAVE BEEN ISSUED TO THEINS _ UREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTR DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY WS014237 8/22/2009 8/22/2010 GENERAL AGGREGATE $ $2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ EXCLUDE CLAIMS MADE X❑OCCUR PERSONAL&ADV INJURY $ $1,000,000 OWNER'S&CONT PROT EACH OCCURRENCE $ $1,000,000 FIRE DAMAGE(Any one fire) $ $100,000 MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESSLIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS OPEN AIR MARKET CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED IN ACCORDANCE WITH FORM CG2026(07/04). CERTIFICATE HOLDER _. CANCELLATIONq,,_ _, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PORT ANGELES EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PO BOX 1150 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Port Angeles,WA 98362 AUTHORIZED REPRESENTATIVE ACORD 25'-S(393) "B ACORD CORPORATION 1993 OR NGELES W A S H I N G,T O N, U. S. A. Community& Economic'Development Department t July.24, 2009 i Mr. Aric Mackay :» dba:Port Angeles Community Market P.O. Box 1145 x Port Angeles, WA 98362 RE: Conditional Use Permit CUP 09-03 125 East First Street .Dear Aric: . As you know, following a public hearing conducted on July 22, 2009, the Port Angeles a Planning Commission approved Conditional Use Permit CUP 09703 to allow the.operation of a community market as described in said application.to this office. The conditional use permit is approved until November 15, 2009;with the following conditions: k. 'n Conditions: a,. 1. The Community Market shall operate within the Gateway Transit Center, particularly east of the public parking structure to the west of the Gateway bus transit lane. Use of the facility is regulated by the property owner/manager. } = 2. The Community Market shall operate on Sundays only from 8 a.m. to 6 p.m. Operation of the market shall be per the "2009 Rules and Policies" that is part of the application packet for CUP 09-03. Any revisions to the Rules and Policies shall be approved by the Department of Community And Economic Development Department. " 3. Approval for the Community Market shall be from July 22 to November 15, 2009. Consideration of a continued Market use within the Downtown shall be granted after - a-more—detailed-revie-w of the-oper-ation's first sea-son;-the form-ul-ation-of--set - -- procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process.. 4. Vendor vehicles not parking in the transit lanes shall be parked consistent with all y: parking.regulations. 4 5. Market management shall provide a list of vendors to the City on a monthly basis. Phone: 360-417-4750 l Fax: 360-417-4711 Website: www.cit of a.us/Email: smartgrowth a.us of� ` Y P 9 @cityofpa.us -: 321 East Fifth Street - P.O. Box 1150/Port Angeles, WA 98362-0217 �� w Congratulations on.your venture! We look forward to the market act'iv'ity in the Downtown and are available.to answer any questions you may have with regard to the operation. Sincerely; ue Rober s Planning Manager Cc: Richard Bonine; Parks and Recreation Deputy Director Planning Commission Minutes July 22,2009 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT — COMMUNITY MARKET - CUP 09-03 — 123 East First Street (Clallam Transit Bus Lane): An outdoor community market one day each week (Sunday) from March 1 to November 15. Associate Planner Scott Johns reviewed the Department's report recommending approval of the community market to be located in the Clallam Transit bus lanes until November 15, 2009. He indicated that market organizers have asked to utilize the public restroom facilities located at the adjacent Gateway Pavilion that is operated by the City of Port Angeles. It has also been suggested that the pavilion area could be used for overflow by market vendors. In response to Commissioner Beier, as to how an extension request for the permit activity would be reviewed, Mr. Johns responded that the Port Angeles Municipal Code provides that conditional use permits with specified periods of time may be extended following a favorable review indicating that the use has operated as conditioned and without negative impacts. At such time, impacts of a use would be considered as well as any modifications to the activity to either mitigate impacts or authorize changes in operation. Mr. Johns responded to Commissioner Beier that the location does not impact the shoreline area. A portion of the site is located in a floodplain, but given the fact that Peabody Creek is culverted in the area, the use does not pose any more impact than any other activity in the Downtown to that floodplain area. There being no more questions from the Commission, Vice Chair Matthews opened the public hearing. Aric Mackey, 1014 Grant Avenue, spoke regarding operation of the proposed community market. He had read the staff report and had nothing to add to the report. He clarified that market hours would be from 8 a.m. to 6 p.m. including set up and break down times. Actual market hours would be advertised as 10 a.m. to 4 p.m. In response to a question from Commissioner Matthews as to the difference between a farmers' market and a community market, Mr. Mackey said that the community market will be a combination of typical farmers' market vendors, e.g., growers and hobby vendors, but will also include a broader scope of vendors such as retail business operators who wish to have a more visible location, or those who don't have a business address. Two rows of stations can be accommodated on each side of a main aisle for a total of approximately 50 vendors. A panel of vendors will be appointed to discuss any vendor issues that may arise. Ultimately, a member of the market corporation will decide who will be permitted to participate in the market activity. Barbara Frederick, Executive Director of the Port Angeles Downtown Association, 815 South Race Street, wished to express wholehearted support on behalf of the Downtown Association for approval of the market activity. Anything that will bring people Downtown to shop is a help, especially on Sunday. There being no one else to speak to the matter, Vice Chair Matthews closed the public hearing. Following brief discussion regarding the extension process, Commissioner Boyle moved to approve the conditional use permit with the following conditions, findings, and conclusions: Planning Commission Minutes July 22,2009 Page 3 Conditions: 1. The Community Market shall operate within the Gateway Transit Center, particularly east of the public parking structure to the west of the Gateway bus transit lane. Use of the facility is regulated by the property owner/manager. 2. The Community Market shall operate on Sundays only from 8 a.m. to 6 p.m. Operation of the market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies shall be approved by the Department of Community and Economic Development. 3. Approval for the Community Market activity shall be from July 22 to November 15, 2009. Consideration of a continued Market use within the Downtown shall be granted after a more detailed review of the operation's first season, the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process. 4. Vendor vehicles not parking in the transit lanes shall be parked consistent with all parking regulations. 5. Market management shall provide a list of vendors to the City on a monthly basis. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Aric Mackey submitted Conditional Use Permit application CUP 09-03 to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles on June 24, 2009. The application identifies an intent to operate from 10 a.m. to 4 p.m. on Sundays, between March 1St and November 15th and includes a list of operation regulations entitled "2009 Rules and Policies". Consideration of the Conditional use permit determination is dependent on the activity operating per the Rules and Policies as submitted. 2. The proposed site, is located between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles at 123 E. Front Street. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, parking areas, and public gathering areas. 6. Operation of the Gateway Plaza site east of the proposed site is under separate management, and its use must be approved through a separate process. The Gateway Planning Commission Minules July 22,2009 Page 4 Transit Center and Pavilion are recently completed public transit and public gathering facilities. Specific policies and procedures for use of the areas have not been finalized. The proposed activity is the first use proposed for the transit center other than for typical transit purposes for which the center was originally intended. 7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. 9. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 10. Reviewing City Departmental comments were considered in the review of this application. Reviewing City departments had no concerns with the proposal. 11. Notification of the proposed action and conditional use permit application was placed in the Peninsula Dail News on June 26, 2009 and posted on the subject site on Jul 7 Y p J Y 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 2, 2009. 12. A Determination of Non-Significance has been issued for this proposal and fulfills the City's responsibilities under the State Environmental Policy Act(SEPA). 13. The Planning Commission opened a public hearing on the proposal at the July 22. 2009, regular meeting. Conclusions.- Based onclusions:Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, Planning Commission Minutes July 22,1009 Page 5 and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PANIC 17.96.050. Commissioner Beier seconded the motion which passed 5—0. Y P DI'm T ,. NN G- ELES `- W A S H I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, Associate Planner DATE: July 22, 2009 RE: Conditional Use Permit- CUP 09-03 APPLICANT: Aric Mackay OWNER: Clallam Transit Authority LOCATION: Downtown Gateway—transit lanes 123 East Front Street REQUEST: An outdoor community market one day each week (Sunday) from 9 a.m. to 6 p.m. from March 1 to November 15. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 09-03 with until November 15, 2009, citing 5 conditions, 13 findings and 3 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The proposed site is the Clallam Transit public bus lanes adjacent to the west side of the Downtown Gateway structure between Front Street and Railroad Avenue. Lots in the block vary in width but are typically 300 feet deep. The specific site will occupy approximately 14,500 square feet in the Downtown area. The property is developed as a public transit lane and is used as such for pick-up and drop-off of bus riders Monday through Saturday. The property does not contain any environmentally sensitive areas; however, a small portion of the site is within 200 feet of the marine shoreline and the Peabody Creek estuary. The site is accessed from either Front Street, which is classified as a minor arterial, or Railroad Avenue, an improved local access street. The site is gradually sloped from south to north, with the entire site being paved and drained to the city stormwater system. The application and site maps are attached as Attachment B. Development in the area is primarily one and two story Downtown commercial structures. The proposed site is a portion of the recently developed public Gateway Transit Center that includes the bus lane where the market is proposed to take place, the covered plaza CUP 09-03 Community Market • • Page 2 July 21,2009 area (including office space and restrooms) to the east, and a two story parking facility to the west. DEPARTMENT COMMENTS: Reviewing City Departments (Fire, Public Works and Utilities, Parks, and Recreation) had no objections. The Parks Division indicated approval of the proposal. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on June 26, 2009, posted on the subject site on July 7, 2009, and mailed to property owners within 300 feet of the subject property on July 2, 2009. No written comments were received during the public comment period. DEPARTMENT OF COMMUNITY AND ECOMOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the application with references listed in Attachment C found to be the most relevant to the proposal. The City's Comprehensive Plan and Land Use Map identify the area as being located in the Harbor Planning Area and designate the site as Commercial. The Port Angeles Municipal Code (Title 17—Zoning) identifies the site as being in the Central Business District. The purpose of the CBD Zone is to "provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline". Farmers' markets are not listed as a permitted or conditional use in the CBD or in any other city zone. However, PAMC 17.24.200 allows "other uses compatible with the intent of the Zoning Code"to be allowed through a conditional use permit process when such uses meet the intent of the intended zone. Conditional use permit provisions are found in PAMC 17.96.050. In consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. In review of a conditional use permit, consideration is also given to the impacts of an intended activity on traffic patterns, the physical circumstances of a subject property, other uses in the neighborhood, schools, and public improvements, and emergency services. The proposed use is described as an "outdoor public street market" for local growers/farmers, locally owned businesses, crafters and community organizations to connect with residents and tourists. The use is intended to occur one day a week, on Sundays, in the Downtown area from March 1 to November 15, from 10 a.m. to 4 p.m. If successful, the use is anticipated to continue for several years. The bus lane is not used by public transit busses on Sundays and is therefore available for such use without causing undue impacts to vehicle transportation on City streets. The property owner, Clallam Transit, has sanctioned the use by signing the application. Many Downtown businesses are not regularly open on Sundays. Studies have shown that parking is more available on Sundays than on other days of the week. The exceptions to this are weekends when special events, i.e., Crab Fest, Arts in Action, the Juan de Fuca Festival, are occurring. Because many businesses are not open, parking is generally more available, and adverse impacts with respect to CUP 09-03 Community Market • • Page 3 July 21,2009 traffic should be reduced. The operation of a Community Market may, however, increase traffic and pedestrian activity to a point that some Downtown businesses may choose to operate on Sundays to take advantage of increased activity. Vendors at the Community Market should attempt to locate parking for their vehicles in more remote sites in order to allow adequate customer and visitor parking. The Community Market is intended to be similar to other festival style, open-air markets, sometimes known as farmers' markets or public markets, and usually have a beneficial economic impact to areas where they are held. Such activities tend to generate an increase in people visiting an area and therefore an increase in consumer spending in the area. Out of town visitors arriving to or from the Coho Ferry may be enticed to linger longer in the Downtown area, and to possibly spend money they might not otherwise spend. Results of a recent visit by the Sustainable Development Assessment Team (SDAT) sponsored through a grant from the American Institute of Architects recommended that such activities are often a positive economic generator in Downtown areas. The Community Market would operate differently than the Port Angeles Farmer's Market in the goods sold. The Community Market intends to involve a broader range of vendors than the Farmer's Market, in that they will not be limited by rules established by the Washington State Farmer's Market Association. The intent is to increase the type of vendors that may participate in the Community Market, including local existing businesses and local outreach groups, while not excluding local farmers currently participating in existing Port Angeles Farmer's Market activities. The Community Market organizers have developed a set of operating rules and membership stipulations. The rules limit the sale of use of second-hand items in an attempt to avoid the Market becoming a "flea market" or community yard sale. The resale of new merchandise would be regulated through the membership and management of the Market, rather than by City regulation. Political groups and activities will also be limited by Market operating rules. All vendors will be screened by Market management to ensure that Washington State Department of Revenue regulations are observed. Food handling and preparation will be regulated by the Clallam County Health Department. If vendors are allowed by the Community Market are allowed to sell second-hand or used items, those vendors would be required to obtain a Second-hand Dealers permit from the City of Port Angeles per PAMC 5.44. The Gateway Transit Center is a newly opened facility in the Downtown, and the Community Market is a newly proposed use on the site. Policies controlling activities within the Gateway Pavilion area have not been fully developed at this time. Therefore, all of the potential impacts of such a proposed use have not been experienced and are difficult to anticipate. Because of this, the Community Market should be permitted for a single season with the condition that the use be further reviewed after its debut season operation concludes in November and management policies of the Gateway area have been formulated and tested. It shall be contingent upon the Market managers to submit an application to the Community and Economic Development Department with adequate time to review and schedule a public hearing before the Planning Commission prior to approval of subsequent years of operation. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action per WAC 197- 11-355. Attachments: A -Conditions, Findings,and Conclusions B -Application C-Zoning Ordinance,Comprehensive Plan,and Other Municipal Code References CUP 09-03 Community Market • Page 4 July 21,2009 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-03 subject to 5 conditions and based on the following 13 findings and 3-4 conclusions in support of the action: Conditions: 1. The Community Market shall operate within the Gateway Transit Center, particularly east of the public parking structure to the west of the Gateway bus transit lane. Use of the facility is regulated by the property owner/manager. 2. The Community Market shall operate on Sundays only from 10 a.m. to 4 p.m. Operation of the market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies shall be approved by the Department of Community And Economic Development Department. 3. Approval for the Community Market shall be from July 22 to November 15, 2009. Consideration of a continued Market use within the Downtown shall be granted after a more detailed review of the operation's first season, the formulation of set procedures and policies for use of City facilities within the Downtown, and shall be based on public comments through a public hearing process. 4. Vendor vehicles not parking in the transit lanes shall be parked at og site locations and b€-consistent with all parking regulations appl;^able — the pafl6rg leeat m 5. Market management shall provide a list of vendors to the City on a monthly basis. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Aric Mackey submitted Conditional Use Permit application CUP 09-03 to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles on June 24, 2009. The application identifies an intent to operate from 10 a.m. to 4 p.m. on Sundays, between March 1St and November 15th and includes a list of operation regulations entitled "2009 Rules and Policies" Consideration of the Conditional use permit determination is dependent on the activity operating per the Rules and Policies as submitted. 2. The proposed site, is located between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles at 123 E. Front Street. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. CUP 09-03 Community Market • • Page 5 July 21,2009 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, parking areas, and public gathering areas. 6. Operation of the Gateway Plaza site east of the proposed site is under separate management, and its use must be approved through a separate process. The Gateway Transit Center and Pavilion are recently completed public transit and public gathering facilities. Specific policies and procedures for use of the areas have not been finalized. The proposed activity is the first use proposed for the transit center other than for typical transit purposes for which the center was originally intended. 7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. 8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these findings. 9. An activity approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 10. Reviewing City Departmental comments were considered in the review of this application. Reviewing City departments had no concerns with the proposal. 11. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on June 26, 2009 and posted on the subject site on July 7, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 2, 2009. 12. A Determination of Non-Significance has been issued for this proposal and fulfills the City's responsibilities under the State Environmental Policy Act (SEPA). 13. The Planning Commission opened a public hearing on the proposal at the July 22. 2009, regular meeting. CUP 09-03 Community Market • Page 6 July 21,2009 Conclusions.- Based onclusions:Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings,the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D, and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 3. As conditioned, the proposal will allow a trial operation period to enable impacts associated with use of the public transit and pavilion area for activities other than typical transit uses to be evaluated and for a set management procedure to be established. 4. As conditioned, operation of the Community Market is per the rule and procedures submitted with the application. Any revisions to those rules and proceedures shall be reviewed prior to implementation of the change for impacts to the area. CUP 09-03 Community Market • Page 7 July 21,2009 COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES and ZONING REGULATIONS IN SUPPORT OF CONDITIONAL USE PERMIT CUP 09-03: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Policy A.2 - "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." Land Use Element Goal D. -To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Land Use Element Goal E. -To provide shopping opportunities which meet the needs of all City residents and visitors in safe, usable shopping areas that are compatible with the surrounding area and uses,the environment, and the desired urban design of the City. Transportation Element Policy 13.14 - "Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired." Transportation Element 13.16. -Parking requirements should make allowances for shared parking facilities. Economic Development Element Goal A. -To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base. Economic Development Element Policy A.2. -The City should promote the retention of employment in all sectors of the local economy. Economic Development Element Goal B. -To have a healthy local economy that co-exists with the community's high quality of life through the protection, enhancement, and use of the community's natural, historical, and cultural amenities. Zoning Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Central Business District(CBD). The purpose and intent of this zone is: to 'provide a commercial zone intended 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 further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline" The purpose of a conditional use permit is defined as `A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in CUP 09-03 Community Market • Page 8 July 21,2009 consideration of other existing and potential uses within the general area in which such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. 0 NO. 1245 CITY OF PORT ANGELES DETERMINATION OF NON SIGNIFICANCE Description of Proposal: An outdoor community market one day each week (Sunday) from 9 a.m. to 6 p.m. from March 1 to November 15, as indicated in the application materials, in the Central Business District zone. The permit is valid for one year and may be extended or renewed upon review. Location of Proposal (including street address, if any): The proposed project is located at the Port Angeles Gateway—transit lanes, 123 East Front Street, Port Angeles, WA 98362. APPLICANT: Aric Mackey Lead Agency: City of Port Angeles The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [ ] This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by at which time the DNS may be retained, modified, or withdrawn. [ ] There is no comment period for this DNS. [ X ] This DNS is issued per WAC 197-11-355. There is no further comment period. �- D Date Nathan West, Director Community & Economic Development You may appeal this determination to the Port Angeles City Council through the Department of Community &Economic Development, 321 East Fifth Street, Port Angeles, WA, 98362, by submitting such written appeal to the Department no later than August.6,2.0.09. You should be-prepared to make specific factual objections. Responsible Official:Nathan West, Director of Community and Economic Development, City of Port Angeles, 321 East Fifth Street,P.O. Box 1150,Port Angeles, WA 98362, phone(360)417 - 4751. Pub: NA Post: NA Mail to DOE: July 22,2009 07/15/2009 Scott Johns Conditional Use _. )_ Permit-CUP09-03 3 Page 1 ' From: Richard Bonine . To: Sue Roberds Date: 07/14/2009 3:40 PM Subject: Conditional Use Permit-CUP09-03 CC: Scott Johns Regarding"Conditional Use Permit-CUP 09-03", I have reviewed the proposal and have no immediate concerns. I would encourage approval of said permit. Richard Bonine Deputy Director of Recreation City of Port Angeles 7/14/2009 Sue Roberds Fwd CUP 09 0 s Pa e 1 From: Ken Dubuc To: Sue Roberds Date: 7/14/2009 8:53 AM Subject: Fwd: CUP 09-03 >>> Ken Dubuc 7/9/09 3:01 PM >>> Sue, The Fire Department has no objection to CUP 09-03,the application for the community market. Thanks, Ken I� o P 0 . " _i /, i GELES -" , , WASH I N G T O N, U. S. A. �® ZROW-1 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Date: July 13, 2009 To: Public Works and Utilities Richard Bonine, Deputy Director of Recreation From: Sue Roberds, Planning Manager Subject: Conditional Use Permit - CUP 09-03 Community Market - 123 East Front Street The attached conditional use permit application proposes to establish a community market in the Transit lanes within the Downtown on Sundays. Please review the proposal for those issues that relate to your Departmental operations and forward your comments to this Department no later than July 16, 2009. Please let me know if you have any questions. Thank you! CITY OF PORT ANGELES NOTICE OF POSTING RE I PAT BARTHOLICK, state that on the day of 2009, I posted said notice, a true copy of which is hereto attac e made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. 6A� IANT Subscribed to me this day of 2009. \�� NOTARY PUBLIC for th State of NO �q,S ROeWashington, residing in Port Angeles 24.2012c z N :EXP.02 O � � •� pUB��G •I— or'W As \ T/forms/affidavitpostingj im CITY OF PORT ANGELES NOTICE OF MAILING RE I, SUE ROBERDS, state that on the day of 2009, I mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. AFFIANT Subscribed to rr ,0011 day of '�V�"� 2009. OTARP 03/01/12 1� _ % a pV 9` C, NOTARY PUBLIC for the State of Washington, residing in Port Angeles 0f r'W A55N` T/forms/a ffi d av i t m a i l i n g b ` CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on June 5, 2009, the CITY OF PORT ANGELES received an application for a conditional use permit to allow a community market in the Central Business District. The outdoor market would operate as a for profit use with approximately 20 — 100 vendors that would include local growers/farmers, locally owned businesses, crafters, and community organizations one day a week, Sunday, in the transit lane of the Gateway facility. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on the proposal on JULY 22, 2009. Written comment must be submitted no later than July 10, 2009, to be included in the staff report. Interested parties are encouraged to comment on the proposal and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Application information may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non signficance will be issued for the project per WAC 197-155 following the required review period that ends on July 10, 2009. APPLICANT: Aric Mackey for the PORT ANGELES COMMUNITY MARKET LOCATION: Transit lane of the Gateway Transit Center 123 East First Street For further information contact: Sue Roberds, (360) 417-4750 PUB: —6t26fA9- POST: 6123/69 MAIL: •6/23/99. T:\NOTICES\PCpublichearing.wpd PARCEL NO. FIRST NAME INIT LAST NAME ADDRESS CITY STATE ZIP 063000001500 DARLENE RAE TURCO PO BOX 87 JOYCE WA 98343 063000001503 PHILLIP CHE 106 W FRONT ST PORT ANGELES WA 98362 063000001506 WW BROWN&LW BROWN, INC 112 W FRONT ST PORT ANGELES WA 98362 063000001509 CRAIG S WHALLEY 114 W FRONT ST PORT ANGELES WA 98362 063000001512 CITY OF PORT ANGELES PO BOX 1150 PORT ANGELES WA 98362 063000001515 KEVIN H THOMPSON 130 W FRONT ST PORT ANGELES WA 98362 063000505000 BLACK BALL TRANSPORT INC 4209 21ST AVE W,SU ITE 307 SEATTLE WA 98199 063000505010 INDUSTRY CONSULTING GROUP INC PO BOX 810490 DALLAS TX 75381 063000505030 FLORENCE M CHAMBERLAIN ET AL 1607 E BEACH RD PORT ANGELES WA 98363 063000505080 PORT ANGELES WAREHOUSING 814 W 8TH ST PORT ANGELES WA 98363 063000505190 WESTREM,TRUSTEES WESTREM REV LVING TRUST 1006 E BALBOA BLVD NEWPORT BEACH CA 92661 063000505210 PETER J CAPOS 217 W 4TH ST PORT ANGELES WA 98362 063000509010 DOUGLAS B/ANN K WOOD 227 E 12TH ST PORT ANGELES WA 98362 063000509020 CLALLAM TRANSIT SYSTEM 830 LAURIDSEN BLVD PORT ANGELES WA 98363 063000511607 BOYD EDWARD/MONICA STEICHEN PO BOX 3239 PORT ANGELES WA 98362 063000511610 GERALD L JOHNSON 427 W 3RD ST PORT ANGELES WA 98362 063000511615 P A DEVELOPMENT CO 1021 E.2ND ST#23 PORT ANGELES WA 98362 063000511620 JERRY/ALANNA LEVESQUE 245 NICKI LN SEQUIM WA 98382 063000511648 RICHARD N MC LEAN 2507 S PEABODY ST PORT ANGELES WA 98362 063000511653 JOHN MILETICH COUNTRY AIRE BUILDING 117 E 1ST PORT ANGELES WA 98362 063000511656 STEVE SEIBERT/LINDA P-SEIBERT 42975 STAFFORDSHIRE DR LANCASTER CA 93534 063000511666 ROBERT H WHITCOMB 911 E SEQUIM BAY RD SEQUIM WA 98382 063000511672 INDEPENDENT BIBLE CHURCH 118 E AHLVERS RD PORT ANGELES WA 98362 063000511675 ELKS LODGE 353 131 E 1ST ST PORT ANGELES WA 98362 063000511700 M J FAIRSHTER ET AL J C/O DONNELLA FAIRSHTER 1377 STONERIDGE CIRCLE ESCONDIDO CA 92029 063000511710 DAVID L GLADWIN 926 E 8TH ST PORT ANGELES WA 98362 063000511720 THOMAS E MCGINITIE JR 117 N LINCOLN ST PORT ANGELES WA 98362 063000500000 KHOAN VOANG 633 E 1ST ST PORT ANGELES WA 98362 063000500100 WHC839, LLC 201 W N RIVER DR STE 100 SPOKANE WA 99201 063000500193 WILLIAM C BORK 518 VASHON ST PORT ANGELES WA 98362 Smooth Feed SheetsTM Use template for 51600 DARLENE RAE TURCO PHILLIP CHE WW BROWN&LW BROWN,INC PO BOX 87 106 W FRONT ST 112 W FRONT ST JOYCE,WA 98343 PORT ANGELES, WA 98362 PORT ANGELES, WA 98362 li�i��l��l��llul��lull�nll�l Ii�l��lnin�lluliunl�lnl�il ilrii�I��l��li��ll�n�l�l��l�ll CRAIG WHALLEY CITY OF PORT ANGELES KEVIN THOMPSON 114 W FRONT ST PO BOX 1150 130 W FRONT ST PORT ANGELES,WA 98362 PORT ANGELES, WA 98362 PORT ANGELES,WA 98362 Il�l��inin�linll��l�lnl�ll IlIlninlnfill 1llnnl1lnl1ll Il�lnl��l�nll��ll�u�l�l��i�ll BLACK BALL TRANSPORT INC. INDUSTRY CONSULTING GROUP INC FLORENCE M CHAMBERLAIN ET AL : 4209 21 ST AVE W,SUITE 307 PO BOX 810490 1607 E BEACH RD SEATTLE,WA 98199 DALLAS,TX 75381 PORT ANGELES, WA 98363 Il�l��lnl�n�lll�l��l�l�ul��ll Ilu�l�l�ln�ll�lnl��ll�ll��l IlIlulul,IIll1fill n1lluulil PORT ANGELES WAREHOUSING WESTREM,TRUSTEES WESTREM REV PETER CAPOS 814 W 8TH ST LVING TRUST 217 W 4TH ST PORT ANGELES,WA 98363 1006 E BALBOA BLVD PORT ANGELES, WA 98362 NEWPORT BEACH;CA 92661 il�l��lnlu�liulin��ll�n�lll ll�l��inln�ll��ll��l�l��l�ll Il�iuul�l�ll�.nilu�nli�ll„I DOUGLAS B/ANN WOOD CLALLAM TRANSIT SYSTEM BOYD EDWARD/MONICA STEICHEN 227E 12TH ST 830 LAURIDSEN BLVD PO BOX 3239 PORT ANGELES,WA 98362 PORT ANGELES,WA 98363 PORT ANGELES, WA 98362 Il�l��lulu�ll��ll��l�lul�ll il�l��lnlu�llnll�n�llnnlll Il�lulnl��l[IIIII IIIIIIIIloll GERALD JOHNSON P A DEVELOPMENT CO JERRY/ALANNA LEVESQUE 427 W 3RD ST 1021 E.2ND ST#23 245 NICKI LN PORT ANGELES,WA 98362 PORT ANGELES, WA 98362 SEQUIM, WA-98382 liiiiiIiiiiiiiiiiIIiiiJfLJlII RICHARD MC LEAN JOHN MILETICH COUNTRY AIRE STEVE SEIBERT/LINDA P-SEIBERT 2507 S PEABODY ST BUILDING 42975 STAFFORDSHIRE DR PORT ANGELES,WA 98362 117 E IST LANCASTER,CA 93534 PORT ANGELES,WA 98362 Il�l��l��ln�llnllu��l�lnl�ll 11111111111111 if I IllIII ulIliIIl ROBERT WHITCOMB INDEPENDENT BIBLE CHURCH ELKS LODGE 353 911 E SEQUIM BAY RD 118 E AHLVERS RD 131 E IST ST SEQUIM, WA 98382 PORT ANGELES,WA 98362 PORT ANGELES, WA 98362 Il�l��luln�ll�lnl�nl�lll��l ll�l��lnln�il��linul�lni�ll iiiiiiiniuiiiiiiiiiniginlill M J FAIRSHTER ET AL C/O DAVID GLADWIN THOMAS E MCGINITIE JR DONNELLA FAIRSHTER 926 E 8TH ST 117 N LINCOLN ST 1377 STONERIDGE CIRCLE PORT ANGELES,WA 98362 PORT ANGELES,WA 98362 ESCONDIDO,CA 92029 iiiiiiuiiiiiiiiiiiiiillifillill KHOAN VOANG WHC839,LLC WILLIAM BORK 633 E IST ST 201 W N RIVER DR STE 100 518 VASHON ST PORT ANGELES, WA 98362 SPOKANE, WA 99201 PORT ANGELES, WA 98362 ifiIf[Illl[III I IIII IIIIIIIIIIII ��\ A.&F=ft1V'rr?, Afic#rncc 8 nhnic @ ncnr r1 An@ 1 Affidavit of Publication In the Superior Court of the State of Washington for Clallam/Jefferson County Peninsula Daily News CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING CITY OF PORT ANGELES NOTICE IS HEREBY GIVEN that on June 5. 2009,the CITY OF PORT ANGELES received an LEGAL ACCT/CITY CLERK application for a conditional use permit to allow a community market in the Central Business PO BOX 1150 District. The outdoor market would operate as PORT ANGELES, WA 98362-0217 a for profit use with approximately 20-100 ven- dors that would include local growers/farmers, locally owned businesses, crafters, and com- munity organizations one day a week, Sunday, in the transit lane of the Gateway facility. The CITY OF PORT ANGELES PLANNING COM- MISSION will conduct a public hearing on the proposal on JULY 22 2009. Written comment Reference: 4900481 must be submitted no later than July 10 2009, to be included in the staff report. Interested 5045817 CITY OF PORT ANGELES parties are encouraged to comment on the pro- posal and to attend the public hearing that will begin at 6 p.m.,City Hall,321 East Fifth Street, Port Angeles,Washington.Application informa- tion may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is The undersigned being first duly sworn on oath, deposes and accessible to persons with disabilities.Interest- says. ed parties are invited to attend the meeting. That she/he is authorized to and does make this affidavit for and STATE ENVIRONMENTAL POLICY ACT: It is on behalf of Peninsula Dail News, a corporation, and that the anticipated that a determination of non sWAC Daily p Cance will be issued for the project per WAC following statements of fact are within her/his personal and 197-155 following the required review period actual knowledge. that ends on July 10,2009. That said corporation is the owner and publisher of the APPLICANT: Aric Mackey for the PORT Peninsula Daily News published in Clallam/Jefferson Counties, ANGELES COMMUNITY MARKET and had been approved as a legal newspaper by order of the LOCATION:Transit lane of the Gateway Transit Center Superior Court of said Clallam/Jefferson County of the State Of 123 East First Street Washington. Forfurtherinformation contact: Sue Roberds, That the annexed is a true copy of a legal insertion as it was (360)417-4750 published in regular issues (and not in the supplement form) of Pub:June 26,2009 said newspaper was regularly distributed to its subscribers during all of said period. The publishing date cited is the last day of publication. 1 Insertion in Pub PDN on 06/26/09 vj pTAR y•: _ 08/05/2011 OZ /lllllllll --------------� - - Sworn t�meon'tAhiis�2i�tk�dayy�oJune 2009 NOTARY PUBLIC Notary Public in and lor the State of Washington residing in Port Angeles. Peninsula Daily News P.O. Box 1330 Port Angeles, 'WA 98352' O P ORT NGELES WASH I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Date: July 6, 2009 To: Public Works and Utilities Ken Dubuc,Fire Department From: Sue Roberds, Planning Manager Subject: Conditional Use Permit- CUP 09-03 Community Market—123 East Front Street The attached conditional use permit application proposes to establish a community market in the Transit lanes within the Downtown on Sundays. Please review the proposal for those issues that relate to your Departmental operations and forward your comments to this Department no later than July 16, 2009. Please let me know if you have any questions. Thank you! APPLICATIONFEES FOR OFFICE USE ONLY ....._:w_: ,a., CUP: $500&$250(SEPA) Date Recd: Total$750 � � -_ File Number: .3 -Administrative CUP-- --- CITY O PORT A' GELES HTE# 09 7 $200 & $100 SEPA CONDIT N I,JS PERMIT Received by: Total:$300M HE APFM ION **IMPORTANT #PLEASE READ *�k Only completed applications will be accepted. To be considered complete, an application must include all of the following information: ❑ A completed application signed by the applicant and the property owner(if different than the applicant). ❑ A completed SEPA Checklist signed by the applicant. ❑ A vicinity map(showing the site in relation to surrounding properties) ❑ A site plan (accurately drawn at 1" 20' scale with complete dimensions showing all property lines, existing and proposed structures and parking spaces, setbacks and significant vegetation). ❑ Interior floor plans for each floor of any structure to be used for the proposed activity. ❑ Exterior building elevations for each side of any building that will be constructed for the proposed use. 7f7f Mailing labels and list of property owners within 300'of the proposed site. A list of the property owners may be obtained from the County Assessor's Office. ❑ Application fee. It is important to be accurate and complete with the information regarding all aspects of your project. The Planning Commission's decision and staff recommendation will be based on the information contained in this application, and will be limited to the proposal as presented. Changes to your project from what is submitted may result in the delay ofyourproject's review. Certain proposals are decided administratively such (retail stand permits, home occupations, and bed and breakfast uses). These permits do not require a public hearing process. Please do not hesitate to ask if you have any questions regarding the permit process, time periods, or restrictions of certain applications. Community Development Department personnel may be reached at 417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday. NOTES.- (For your use) Appl.V.1 L.e2,r7 9—U 3 APPLICANT/OWNER INFORMATION: Applicant: Port Angeles Market Ltd dba Port Angeles Community Market Address: PO Box 1145 Port Angeles,WA 98362 Daytime phone#: 360-450-3580 Applicant's representative(ifother than applicant): Aric Mackey Address: PO Box 1145 Port Angeles,WA 98362 Daytime phone#: 360-450-3580 Property owner(if other than applicant): Clallam Transit Address: 830 West Lauridsen Blvd.Port Angeles WA 98363 Daytime phone#: 360-452-1315 PROPERTY INFORMATION: Street address: 123 E Front St Port Angeles WA 98362 Legal description: Gateway Transit Center Zoning: G'O'D Comprehensive Plan designation: G Property dimensions: 7 5 , x 300+ Property area(total square feet): Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): C o-nc re.,10- PROPOSED USE INFORMATION: Please describe the proposed conditional use: Outdoor public street market located in the transit lanes and in the pavilion area. Number of employees: 0 Hours of operation: Sam to 6pm Number of on-site parking spaces: Building area (total square feet of floor area for the proposed activity): SIGNATURES: Applicant: Icertijy that all ofthe above statements are true and complete to the best of my knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. I have read this application in its entirety and understand that my submittal will be reviewed for completeness. If found to be complete the application will be scheduledfor the next available Planning Commission meeting. Ifnot complete,when requested information has been eceive the application will be scheduled for the next a ailable meeting. Signature Date 4 6 Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date 5 For Staff Use Only: Permit No. Appl. complete Add. Info requested 77g s 3 w 4 i 101 •.;•yµ � s y,� R44e� �t• ,d'Si 315 2 17 i • � �'a. 1 to .y� ��f �� ,�+ ��ti 315 101 1r y 107 122 10G t( � 124, ,•dw' a: � y 1 130, 136 ��• 117 y '�' ,1•" _ t^;., 114, M. - - 123 . G •ri' �, 125. 112 �., ` 106 s� 129 222 f.` 132 �.., ...:. _ 108 '" j `� V �e,� t.r.�„ i t'" 229 June 8,2009 Planning Commission City of Port Angeles 321 East 5`h St Port Angeles, WA 98362 To Whom It May Concern: The Port Angeles Community Market primary goal is to provide a central focal point for the community for shopping,entertainment,and information. We will work closely with local businesses,clubs,non-profit groups and government agencies to enable both local residents and tourists to connect with products, services,and resources they may have otherwise been unaware. The Port Angeles Community Market will be very close to a farmers market in layout and presentation.However,we are more community and business oriented and do not adhere to the strict Washington State Farmers Market Associations requirements for vendors. We anticipate 40-50 vendors this year and doubling in size next year.A number of vendors from other regional markets have already joined and will be attending the market. Some key points that make our market unique. 1. Existing `brick and mortar' business will be welcome to participate in the market as well as our special events.We have a numerous local/regional and even downtown businesses that are already planning to attend year round. 2. Our focus is on `inclusion' and not exclusion,and will work to find a win-win solution to benefit the downtown and the community. 3. While we aren't a farmers market in the strictest definition,we are passionate supporters of local famers and growers. This is reflected in the fact that 30%of the market is dedicated to growers and local famers. I look forward to working with you to address any issues or questions you or the public may have. Sincerely, A-tr- 4�� Aric Mackey Market Manager/Principal PO Box 1145 Port Angeles WA 98362 www.portangelesmarket.com • Overview Port Angeles Market Ltd dba Port Angeles Community Market', is a for-profit corporation incorporated p ed in Washington State. The Port Angeles Community Market (PACM) will be a public street market for local growers/farmers, locally owned businesses, crafters and community organizations to connect with residents and tourists. It will operate March 1st through November 15th from 10am-4pm every Sunday. For the 2009 season, we are tentatively planning to operate the first market on July 19th. This assumes that the facility is completed and open, as well as approval of our Conditional Use Permit application by the city. Operation The market will have 3 rows of loft x 10ft vendor 'stalls' running the length of- f th_e transit lanes. Other vendors will be located on the east sidewalk and inside the pavil on aC rea, as needed.? Vendor stalls located in the transit lane will consist mostly of folding canopy tents. Vendors will be selling things like fresh produce, crafted items, prepared foods, etc. Facility Access The PACM would need exclusive access to and use of the facility between 8am and 6pm on Sunday. This is to allow for vendors to setup in the morning and tear-down in the afternoon, as well as general cleanup. Insurance / Liability PACM would obtain a $2 million commerical liability insurance policy, with the City of Port Angeles and Clallam Transit listed as co-insurers on the policy. All vendors would agree to a hold-harmless' agreement prior to operating at the market. Garbage The PACM will provide garbage cans during the market for customer use, and would dispose of the garbage off-site. Utilities Access to basic 110V service would be necessary, as some vendors may need electricity. Water accessibility would be helpful, but would not be provided to vendors. Restrooms The market would use the bathrooms located in the pavilion. We are currently working with the City of Port Angeles to rent the pavilion. Olympic Bus Lines / Heckmann Motors Olympic bus lines currently operates in the transit lanes on Sundays. We are in the process of contacting Heckmann Motors to work out a solution. 6/8/2009 Port Angeles Community Market Page 2 Port Angeles �t�R+T �►�1�ELE Community Marketwaw. rm Overview 06/08/2009 Presented by: Rric Mackey V1.3 ,, Port Angeles Community Market 2009 Rules and Policies The day-to-day conduct, operation and coordination of the Port Angeles Community Market(PACM) shall be governed according to the following rules and regulations. Exception to these policies may occur on a case-by-case basis, if the exception will be in the best interests of the PACM. 1. Hours & Location The PACM operates every Sunday between March 1St and November 15th from I Oam to 4pm. The market operates in downtown Port Angeles at the Gateway Transit Center, located at 123 E Front St. 2. Operation a. Stalls All market stalls are IOft x IOft. Vendors requiring larger spaces may rent additional stalls. Vendors supply their own tables, chairs and shelter, and are responsible for creating a safe environment. Vendors are responsible to keep their stall space and surrounding area clean. b. Stall Assignments, Reservation & Cancellation Stall spaces at each market are limited, and are available on a first come, first serve basis. Stall space may be reserved by member and non- members on the website 48-hours prior to the day of the market. Non- reserved stalls will be assigned the morning of the market by the market manager. All reservations and cancellations must be made at least 48-hours prior to the market date. c. Stall Sharing Sharing of stall space is not permitted. Exceptions may be made at the discretion of the market manager for non-profit organizations. d. Parking There is no space for vendor vehicles inside the market area, all vendor vehicles must be parked on the upper level of the parking structure west of the market. e. Setup & Take-down Setup is from 9 am to 10:45am on the day of the market. Stall assignments are available from the market manager. During the setup period vendor vehicles may enter the market area for the purpose of unloading. No vehicles are permitted in the market area after 9:45am. No vehicles are permitting underneath the pavilion portion of the market at any time. Carts and hand trucks will be provided for loading and unloading for vendors who are located inside the pavilion area. Vendors are required to remain until the end of the market before taking down their booth. I Rules & Conduct In order to foster a spirit of community at Port Angeles Market, all members, vendors and staff are expected to treat each other and customers with courtesy and to work together in a spirit of cooperation, and open,positive communication. 1. No bicycles, scooters or skateboards are allowed in the market area. 2. No hawking, accosting, leafleting or badgering of the public. 3. Refrain from playing live or recorded music with prior-approval of the market manager. 4. The Market may prohibit any person/organization from renting or operating at the Market and may require persons who fail to abide by the policies to leave the Market. The Market reserves the right to withdraw or cancel the membership of a vendor. Membership dues are non-refundable. 5. The promotion of a political party or religious perspective are not considered education/community groups. Organizations or individuals promoting any form of prejudice,political or religious views are not welcome and will be required to dismantle their display and leave the Market immediately. 6. Derisive comments, hateful speech,harassment, threatening or offensive messages/products, and any other anti-social behavior will not be tolerated. 7. The Market manager will have absolute discretion to decide which vendors may participate at the market and to what extent. 8. Political parties or candidates in municipal, state or federal elections are welcome to have a table one-time during the Market season, within 90-days of the election day. • • 9. Merchants may offer a selection of merchandise or offer services relevant to their business. However, items for sale must adhere to Market policies. 10. Signage advertising "sales", "discounts", "reduced prices", etc. are not allowed. The Market reserves the right to address any signage deemed inappropriate or otherwise unacceptable. 11. The Market has the absolute decision as to the suitability of any product for sale. Used or second-hand materials (including antiques, collectibles, etc.) are not allowed. Foreign made crafts are strongly discouraged and will be evaluated based on quality and overall suitability for the Market. Commercial products for resale will be evaluated on a case-by-case basis. We encourage high quality items which are in keeping with the overall market goals and philosophy.. 12. All products and food handling procedures must meet health regulations, and conform to the local health department requirements. 13. Scales must be"legal for trade"and are subject to inspection by the Dept.of Agriculture—Weights and Measures Program. 14. All vendors must comply with state and federal law. 15. The Market discourages: dumping of product at below fair market value, price wars between vendors, etc. 16. Vendors are not permitted to smoke in the Market area. 4. Licensing & Permits Vendors must obtain all the required licenses, insurance and/or permits prior to operating at the Market. All vendors must be registered with the Washington State Department of Revenue and provide proof they are registered to do business in the State of Washington. 5. Fees The PACM does not tax your gross sales and relies on membership dues and daily stall rental fees to cover operational expenses. All fees are due prior to operating at the Market. X ,-. 2009Schedule` Member Non-Member Annual Membership Fee $100.00 N/A Booth Rental Fee $10.00 $25.00 ...................._......................................................_...._......._............................. I Oft x 10ft Tent Rental (ea) $40/Day $40/Day 6ft Folding Table (ea) $1 O/Da $1 O/Da Y Y Padding Folding Chair(ea) $5/Day $5/Day . Non-Profit organizations receive 50% off posted fees. 6. Membership TBD 7. Contact Information Market Manager: Aric Mackey Office: 360-450-3580 Cell: 360-775-5003 Email: amackey@portangelesmarket.com Mailing Address: Port Angeles Market PO Box 1145 Port Angeles, WA 98362 Website: www.portangelesmarket.com Port Angeles Community Market 2009 Vendor Agreement I have read the Port Angeles Market 2009 Rules and Policies and agree to abide by them. I understand that it is my responsibility to obtain all necessary permits and licenses to conduct business at the Port Angeles Market. I/We hereby agree, as a vendor at the Port Angeles Market,that I/we will indemnify and hold harmless the sponsors of the market site,the Port Angeles Market Ltd, the City of Port Angeles and Clallam Transit, their agents, members and/or employees, from and against any and all liability, claims, demands, expenses, fees, fines,penalties, suits, arising or growing out of or in any way connected with my/our use of occupancy as a vendor at the Port Angeles Community Market. xSwy 5 a 5igrrature N Signature of applicant: Date: Port Angeles Interactive Business Map • Contact Information Mailing Address Port Angeles Ltd. PO Box 1145 Port Angeles, WA 98362 Market Manager Aric Mackey Tel: 360-450-3580 Fax: 360-351-1533 Cell: 360-775-5003 Email: amackey@portangelesmarket.com 6/8/2009 Port Angeles community Market Page 3 ■ Ica EEElall NO ■; �11MM1In w r �� X01 ,�� ,r� •�aa�-''�� 1 . z1z _ 115 1 - i 217 121 11q 114 t, 111 101 128 .107. 105 115 /z - �S 222 123 125 114 ^ sf 135 118 122 201 124, 130, �r 136 ��