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HomeMy WebLinkAboutMinutes 03/24/2010ROLL CALL MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 24, 2010 6:00 p.m. Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue, Sissi Bruch Members Absent: Mike Caudill Staff Present: Nathan West, Sue Roberds Public Present: Mr and Mrs. Tom Pelett, Scott Warren, Barbara Martin, Joni Dailey, Aric Mackay Staff noted that Sissy Bruch was recently appointed to the Commission and was present. APPROVAL OF MINUTES Commissioner Powers moved to approve the February 10, 2010, regular meeting minutes as submitted. The motion was seconded by Commissioner Matthews and passed 5 0 with Commissioner Bruch abstaining due to her not being seated for the meeting. PUBLIC HEARINGS: STREET VACATION PETITION STV 09 -06 PELETT, portion of Hazel Street west of "C" Street: Chair Reiss opened the public hearing. Mr and Mrs. Pelett were present but agreed with staff that they were withdrawing the petition at this time. They asked that the spelling of their name be corrected in staff documents to "Pelett." Scott Warren, 1010 Hazel Street did not believe Hazel Street currently extends to Lot 15 because it had already been vacated. Joni Dailey, 1025 Madrona Street was concerned that no one in the neighborhood was notified of the street vacation public hearing. Barbara Martin, 1017 Madrona Street spoke of drainage issues, survey issues, discord between the neighbors caused by use of the Hazel /Madrona Alley by one neighbor, and that she was not notified in writing of the street vacation action. Planning Manager Sue Roberds noted that neither state law nor City ordinance require individual notification to property owners of a pending street vacation action. The site is posted for users to see the notice of intent. Staff spoke at length to Mrs. Martin and Mr Warren during the course Plannmg Comm,ss,on M endes March 24, 2010 Page 2 of the public notification period and it is apparent the neighborhood was made aware of the action by their attendance at the meeting. There being no objections, Chair Reiss closed the public hearing and the Commission accepted withdrawal of the petition. STREET VACATION PETITION STV 10 -01— DRAKE, portion of Seventh Street west of Valley Street abutting 708 South Valley Street: (The applicant has withdrawn this petition.) Chair Reiss opened discussion on the matter Staff explained that this item had been withdrawn. There was no one present to speak to the issue. Conditions 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: 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. Plannrng Commrssron Mmures March 24, 2010 Page 3 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 1 and November 15 th 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. Planning Commission Minutes March 24, 2010 Page 4 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. 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. Planning Commission Minutes March 24, 2010 Page 5 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 noting staff s memorandum that the applicant asked that the item be continued to the April 14 regular meeting. T.A. Burton, 732 Caroline, a neighbor, stated that the existing residence is of little value to the neighborhood and spoke in favor of the application and presented a letter stating same for the record. Commissioner Powers moved to continue the public hearing to April 14, 2010. The motion was seconded by Commissioner Matthews and passed 6 0. COMMUNICATIONS FROM THE PUBLIC None ELECTIONS Commissioner Powers nominated Commissioner Matthews as Chair for the 2010 -2011 term. There were no additional nominations. The vote was 6 0. Commissioner Matthews nominated Commissioner Powers as Vice Chair for the 2010 -2011 term. There were no additional nominations. The vote was 6 0 STAFF REPORTS CONDITIONAL USE PERMIT CUP 10 -01— BAUER, 728 Caroline Street: Request to allow an accessory residential unit (ARU) in the RS -7 zone. Staff welcomed new Commissioner Sissi Bruch. Director West provided a verbal report that Council concurred with the Commission's recommendation to approve the Lipman/Stone Street Vacation petition of a portion of Vine Street, and provided information regarding staff's efforts at completing a waterfront promenade concept for a grant for those improvements. Assistant Planner Korcz will present an animated preview of that work at the next regular meeting. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7.30 p.m. Sue Roberds Secretary PREPARED BY S. Roberds Doc Reiss, Chair