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HomeMy WebLinkAboutMinutes 05/12/2010MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 12, 2010 6:00 p.m. ROLL CALL Members Present: John Matthews, Mike Caudill, Tim Boyle, Nancy Powers, Carla Sue, Sissi Bruch Members Absent: Doc Reiss Staff Present: Nathan West, Sue Roberds, Richard Bonine Public Present: Terry Weed APPROVAL OF MINUTES Commissioner Bruch moved to approve the April 28, 2010, regular meeting minutes as written. The motion was seconded by Commissioner Boyle and passed 5 1 with Commissioner Caudill abstaining due to his absence at that meeting. PUBLIC HEARING: AMENDMENT TO CONDITIONAL USE PERMIT CUP 09 -05 CITY OF PORT ANGELES, 125 East Front Street: Proposal to amend a conditional use permit to allow a variety of public and private recreational uses in the Central Business District in an open air forum. Planning Manager Sue Roberds presented the Department Report and responded to questions regarding the specific aim of the proposed amendment. Manager Roberds indicated that over the past several months of operation, and particularly in good weather, vendors have asked to expand beyond the boundaries of the covered Gateway Pavilion area. Expansion could only occur with permission of the neighboring property owner, Clallam Transit, but could potentially occur during the week, and particularly when Transit is not operating. During the week, there may be an opportunity to allow users of the pavilion area to expand to the eastern sidewalk area of the Transit lanes, with permission of Transit. Chair Matthews reviewed the quasi judicial public hearing procedures for the public and qualified the Commissioners regarding appearance of fairness and conflict of interest matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then opened the public hearing. Richard Bonine, Deputy Director of Recreation for the City of Port Angeles indicated that vendors have asked if it would be possible to expand to adjacent areas, particularly west into the Transit area on occasion. The amendment would allow flexibility in management of the pavilion area when appropriate with the approval of Transit. In response to the fee charged for use of the area, Mr Bonine indicated that fees are set by a Board and he did not know if the fee would change if additional area is available. Planning Commission Minutes May 12, 2010 Page 2 Terry Weed, Executive Director of Clallam County Transit, 830 West Lauridsen Boulevard said that the proposal would not affect or cause Transit's activities to be altered. If a use is proposed in an area that does not affect Transit's activities, it could be considered. Each use will be considered individually and will be weighed with respect to its impact on Transit activities. He felt comfortable that, as proposed, additional area west of the pavilion area could likely be used on occasion. If operationally a use area results in a conflict with the main use of the site as a transit facility, it won't be allowed to continue. The Transit Board has adopted a use policy that will address a limitation of use. In response to Commissioner Powers, Mr. Weed responded that bus traffic is less on Saturday (approximately 50 than other days of the week, and does not operate on Sunday. Following brief discussion as to management of the site, safety issues, and days of use, Manager Roberds noted that management of the site is not an item the Planning Commission should be considering in this conditional use issue. The Planning Commission should focus on the land use issue impacts and whether the proposed use meets with the purpose and intent of the zone in which the use is located the Central Business District and leave management of the site to the property owners. Management of a permitted activity is the responsibility of a property owner not the City. Community and Economic Development Director Nathan West stated that although the Farmer's Market had asked to expand the use area when practical, their proposal was to expand to just the sidewalk area west of the pavilion. In thinking through the matter, staff determined it would have been best to simply identify the entire property as a potential outdoor market use area to avoid the need to bring the matter back to the Commission each time there is a change. The property owner, Clallam Transit, and the management of the pavilion, the City, could then be permitted to work on a management plan for the various activities that may wish to use the site. There being no further testimony, Chair Matthews closed the public hearing. Chair Matthews asked if the proposed amendment is to specifically allow the Farmers Market to expand its Wednesday use. Director West noted that, although the initial proposed amendment request was generated from the Market management, the proposal is aimed at any user of the pavilion, not a particular vendor. Following further discussion, Commissioner Powers moved to approve the amendment as proposed with one condition, citing the following findings and conclusions in support of the action: Condition: 1. The City's Public Works Recreation Division will manage activities occurring at the Gateway Plaza area to ensure that all policies and rules established for the Gateway Plaza be adhered to during events and may allow expansion from the covered Plaza area to other areas of the site with prior approval of the property owner, Clallam Transit. Findings: Based on the information provided in the Community Development Staff Report for amended CUP 09 -05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, Planning Commission Minutes May 12, 2010 Page 3 and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works Utilities Recreation Division requested that the activity area permitted by Conditional Use Permit CUP 09 -05 be amended to include areas outside of the covered portion of the Gateway Transit Center known as the Plaza on April 20, 2010. 2. The east, covered, open air portion of the Gateway public transit center is commonly known as the Plaza. The site is situated at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles and is addressed as 125 East Front Street. 3. The Gateway Transit Center is owned by the Clallam Transit Authority with the Plaza area managed by the City of Port Angeles under agreement with Transit. Transit busses operate six days in the transit lane area of the property. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial and include business as well as recreational opportunities. 5. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is located in the City's Harbor Planning Area. 6. The Gateway Transit Center includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. 7. Uses that are not permitted outright by the Municipal Code in a particular zone can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Use of the covered, open air portion of the Transit Center known as the Plaza for community functions and recreational activities was found to be in compliance with the City of Port Angeles Zoning Ordinance and Comprehensive Plan under Conditional Use Permit CUP 09 -05. 8. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles operated facility that is managed by the City's Recreation Division. Specific policies for use, operation, fees, etc. for the Plaza area are the responsibility of the City. Those specific policies govern individual activities at the plaza and will be adjusted by City personnel should issues arise. Use of the site should not negatively impact surrounding business or the general area nor detract from presentation of the area as a desirable location to visit. 9. The past year of operation of the Plaza area by various groups has indicated a desire to expand use of the Plaza functions to either the east portion of the Transit Center III coordinating with Transit use of the site, or during those times when the transit lanes are not in operation, in coordination with the Transit Authority. Expanded use of the transit site as proposed could serve as a desirable draw of customers to the general Downtown Planning Commission Minutes May 12, 2010 Page 4 area which would prove beneficial to businesses within the Downtown and enable greater public use of public spaces within the Downtown. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14, Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5, Economic Development Goal A and Policy A. 6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Minor amendment to approved conditional use permits may be granted by the Director of the Department of Community and Economic Development if the use is not considered to exceed the initial approval threshold by more than 10 In cases where the activity is considered to exceed the threshold, amendment may be considered per 17.96.070 PAMC under the standard conditional use permit processing requirements. The current amendment was processed per the standard conditional use permit process to consider the entire site to accommodate a wide variety of activities at this time rather than have many future reviews of small expansion areas. Ultimate use of the site must comply with permit conditions for the conditionally permitted activities. 14. Reviewing City Departmental comments were considered in the review of this application. There is no indication that current use of the site is in conflict with the original permit approval condition. The only change requested or anticipated is expansion of the use area within the property boundaries. 15. Notification of the proposed action and conditional use permit application appeared in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non Significance (DNS) was issued for the initial use on August 10, 2009, and serves as the environmental review document adopted for the proposed amendment. 17. The Planning Commission conducted a public hearing on the proposed amendment at its May 12, 2010, regular meeting. Planning Commission Minutes May 12, 2010 Page 5 Conclusions: Based on the information provided in the Community Development Staff Report for amended CUP 09 -05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, 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 concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A 6. 2. The approved public use of the site is in compliance with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code (PAMC) and, as conditioned, the amendment is consistent with development standards for uses compatible with the intent of the CBD zone per 17.24.160(H) PAMC. 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and with amendment of a conditional use permit per 17.96.070 PAMC. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). Commissioner Bruch seconded the motion which passed 6 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West noted that amendments had been made to the City's Facade Grant program to make the process easier and more understandable to applicants. Additionally, the business area where grant monies could be awarded has been expanded from only commercial zones to conforming commercial uses along arterial streets. Mr. West provided an update on the Waterfront Transportation Improvement Plan study and the Harbor Resource Planning Committee progress and an update on City Council actions on Planning Commission recommendations. He noted that Council had concurred with recommendations on both the Munkeby and Lipman/Stone street vacation petitions and had approved both actions. REPORTS OF COMMISSION MEMBERS Commissioner Boyle noted that the next Port Angeles Forward Committee would be on May 13, 2010. Commissioner Bruch asked if the City has included the Lower Elwha Klallam Tribe (LEKT) in the Shoreline Master Planning process. She noted that she is employed by the LEKT. Planning Commission Minutes May 12, 2010 Page 6 Director West indicated that employees of the LEKT and Tribal officers have been involved in the City's Shoreline Master planning efforts since formation of the planning group and meet on a monthly basis. ADJOURNMENT The meeting adjourned at 6:45 p.m. PREPARED BY. S. Roberds J( /777,,,,,--& /John Matthews, 6hair