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HomeMy WebLinkAboutMinutes 07/09/2003 o ~ ~ ~ . . ~: 'Or- !R~T-I-'Pi" N'G,'r'E'JL- E.JSJ I. Ji '.// . i, ., ,/.. .1. I f_Jm: .... ,I. i J: ' ~' I " . . . ~_._.. ---..1 _00_....' WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street July 9,2003 I. CALL TO ORDER 7 p.m. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meetings of June 11,2003 and June 25, 2003 IV. PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 03-08 - BUDGET RENT A CAR. Northeast corDer of Front and Oak Streets: Request to allow a conditional use permit for an unimproved off-street parking lot in the Central Business District. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen. Jack Pittis PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner. . . . MINUTES PLANNING COMMISSION POft Angeles, Washington 98362 July 9, 2003 7:00 p.m. ROLL CALL Members Present: Fred Hewins, Linda Nutter, Chuck Schramm, Leonard Rasmussen, Jack Pittis Members Excused: Fred Norton, Bob Philpott Staff Present: Sue Roberds Public Present: Jim Heckman, Jack Heckman, Brian Gawley, Dick Gordon APPROVAL OF MINUTES Commissioner Hewins moved to approve the June 11, 2003, minutes as presented. The motion was seconded by Commissioner Pittis and passed 3 - 2 with Commissioners Schramm and Rasmussen abstaining due to absence at the meeting. Commissionef Pittis moved to approve the June 25, 2003, minutes as presented. The motion was seconded by Commissioner Schramm and passed 3 -2 with Commissioners ,Rasmussen and Hewins abstaining due to absence at the meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 03-08 - BUDGET RENT A CAR. Northeast corner of Front and Oak Streets: Request to allow a conditional use permit for an unimproved off-street parking lot in the Central Business District. Assistant Planner Sue Roberds presented the Department Report recommending denial of the conditional use permit as proposed. She then responded to questions from Commissioners Hewins and Nutter regarding the specifics ofthe application following which Chair Nutter opened the public hearing. Jack Heckman, 647 Black Diamond Road, stated that parking is very tight in the Downtown and will only become more so when the convention center becomes areality. Decisions surrounding reorganization ofthe Downtown parking issues have not yet been finalized and construction parking will be needed when eventual construction of a Gateway transit center is initiated if such development is not phased. Required paving of the lot will result in closure of the lot. A six week peak period for tourist traffic is experienced each year from mid July to early September. As we are currently in that time period, required improvement to the lot will mean that tourists will not have a place to park for overflow purposes during the remainder ofthe current season and will leave the area with negative feelings. Four full time parkers are employed to keep parking moving during ferry runs. He estimated a minimum cost for improvement to the property including paving and . . . Planning Commission Minutes July 9, 2003 Page 2 storm drainage to be $35,000. Revenue from the unimproved parking lot is split with the property owner Pete Capos. It does not make sense from a business point of view to improve the site at this point if those improvements will be removed not long in the future for development relative to convention center parking. A permanent parking lot would be a good use for the site if the convention center is a reality. He is not considering the parking lot long term at this point and believes this may be the last season the property could be considered for unimproved overflow parking. Mr. Heckman acknowledged that the current application listing the proposal as "long term ferry parking" was probably not well thought out nor was decreasing the cost for the overflow parking to be less than other improved parking areas in the Downtown. In the past, because the lot is gravel, it was the last place people were prone to park, however the lot has become more popular with the decrease in cost. Many issues of the Gateway project are as yet unsettled and until those issues are finalized, parking will remain tight in the Downtown with July through August being the heaviest use period. He acknowledged that he is operating without a permit at present and did not cease to operate as was a condition of approval ofthe conditional use permit appeal upheld by Council in 2002. He intends to abide by whatever conditions the Commission sets and reiterated that denial ofthe permit application will not result in his business being greatly affected, but will result in an unnecessary impediment to a smooth tourist ferry parking season and negative feelings for visitors to the area. Commissioner Nutter questioned Mr. Heckman as to why he waited so long to ask for the permit but did not cease the parking activity and why he believes his information regarding the Gateway transit center parking situation is more detailed than staffs. Mr. Heckman answered that he has been involved in confidential meetings that have not included staff. She asked: why the signs have never been removed but use ofthe parking area has not been approved for nearly a year; why a parking attendant has not been on-site although one was required by previous conditions; and why price for use of the overflow lot has been reduced which competes with improved parking in the area. She did not believe that past practice laid the framework for a trust that conditions would now be followed or that information was to be believed at this point. Commissioner Hewins noted that the Municipal Code requires that commercial parking lots be improved. This use has gone beyond overflow and temporary to being an unimproved parking area that is used year 'round. The applicant has been told for many years that the use is no longer considered temporary and the area must be improved to continue to function as a parking lot. Nothing has changed except that another year has gone by without improvements and the applicant has continued to operate without a permit. Commissioner Pittis acknowledged that there is an unusual demand for seasonal parking during the mid summer time period and there are only a few places in the Downtown where long term ferry parking can locate - the subject location being prime. In response to a comment from Jack Heckman that a pressing need for parking exists from July to August and that the City Council obviously saw the need when they upheld the applicant's appeal in August, 2002, Commissioner Hewins responded that development regulations are intended to ensure a particular standard of development and apply to everybody. Small business is the backbone of our country and development standards are intended to ensure that rules are applied with reason and uniformity and not to overburden small business. However, the continued non improvement of an ongoing off-street parking area is no longer justifiable. . . . Planning Commission Minutes JI/ly 9. 2003 Page 3 Jim Heckman, 604 South Ennis Street, thanked the Planning Commission for their yearly consideration of a temporary parking lot. He has not enjoyed having to ask for the use from year to year but understood the reason why such a use could not be approved outright for longer than a year at a time. He reiterated that for about six weeks each year from July through August, an unusually difficult parking situation exists within the Downtown. He has appreciated the City's wisdom in considering the unimproved use for specific periods of time in order to evaluate the special needs in the Downtown's rehabilitation efforts. He apologized for not following all ofthe rules thus far and noted that it was probably not a good idea to drop the cost of parking in the lot which creates unfair competition with other improved parking lots in the area. There being no further discussion, Chair Nutter closed the public hearing. Planner Roberds responded to Commissioner Rasmussen in describing why a conditional use permit is being considered when independent parking lots are already pennitted uses in the Downtown. She indicated that because the use is proposed as being temporary and unimproved, if the Commission finds that special circumstances exist that can be conditioned or mitigated, a conditional use permit could be considered with specific time lines. Otherwise, improvements would need to be made and the proposed activity considered permanent. Until now, the Commission has made specific findings that a special use exists largely due to the uncertainty surrounding specific rehabilitation proj ects scheduled for the Downtown. Commissioner Schramm stated that although he is bothered by the fact that the applicant has continued to operate beyond the expiration date (September, 2002) set by Council, that the lot should not be competing with other improved lots in the area, that the temporary use has existed for twelve years, he believes that the community is best served by the proposed overflow parking use for the remaining tourist season at this point. There is also a need to evaluate the stormwater impacts that improvement to the property may cause which may delay improvement for awhile as well. There is a need to follow the law and protect other business owners who have done what is required by law. Commissioner Pittis agreed with Commissioner Schramm's analysis but added that the timing for rehabilitation of some ofthe Downtown area for parking purposes is not entirely within the applicant's realm of responsibility as the Gateway project has been on the table for several years longer than anticipated. He agreed that the City should work with those who provide parking opportunities for tourists and locals during the remaining summer tourist season but the unimproved parking activity should not be allowed to continue longer than the season. Commissioner Nutter was very concerned that the applicant has shown a lack of respect for the conditions previously imposed by both the Planning Commission and City Council with regard to use ofthe unimproved parking area and at this point does not believe that the applicant will honor any future conditions. She questioned if information is correct that an imminent parking demand that cannot be met by other parking uses in the area exists. Commissioner Pittis added that he believes the applicant is aware of the Downtown area's parking needs as his family has operated the City's major commercial parking use for many years. There are still some unknowns in the Gateway transit center development that a bit more time will answer. He does not like the circumstances but agreed with Commissioner Schramm that the best interests of the community are what matter at this point. He believes that the use is unique enough to be considered in the "Other" conditional use permit category for a specific period of time. The Commission took a break at 8:25 p.m. The meeting reconvened at 8:40 p.m. . . . Planning Commission Minutes July 9, 2003 Page 4 Following continued discussion regarding past practices, Commissioner Schramm moved to approve the request until September 30,2003, with the following conditions, findings, and conclusions: Conditions: 1. Approval shall be to conduct the overflow seasonal parking activity for a period not to exceed September 30,2003, and that business signs identifying the property for Budget Rent-A-Car use shall be removed from the site. 2. A parking lot attendant shall be on-duty during periods when the lot is being used. 3. The applicant shall keep the area free from litter during operation of the area as a temporary parking lot. 4. Fees for use of the parking area shall meet or exceed what other developed commercial parking lots Findings: 1. An application was submitted by Jack Heckman dba Budget Rent A Car on June 16, 2003, proposing an unimproved off-street commercial ferry parking lot in the Central Business District (CBD) for an indefinite period of time. 2. The proposed site is located at the northeast comer ofthe intersection of Front and Oak Streets. The applicant has operated an overflow parking lot at this location since 1990 by conditional use permit. Such permit was originally approved when independent off-street parking lots were allowed by conditional use permit in the CBD. In 1995, independent off-street parking lots became permitted uses in the CBD with required improvements. 3. The unimproved parking lot use was originally applied for in 1990 and was denied by the Planning Commission as no improvements were proposed. Under appeal to the City Council in 1990, it was determined that a temporary parking activity does not necessarily require standard improvements due to the temporary nature of the activity. The use was later allowed by the Planning Commission on a year to year basis from 1991 to 2002 without improvements. It was determined through the public hearing process that planned improvements/reorganization in the Downtown, the temporary, overflow nature of the use, and the cost of improvements for an indeterminate period oftime, that it would not be economically feasible or desirable to establish such a use permanently in the proposed location. 4. Following eleven years ofthe "temporary" use, in August, 2002, the Council once again upheld the app licant' s appeal of the Planning Commission's decision to require improvements for continued use of the commercial parking area for a one year Planning Commission Minutes Jrily 9, 2003 Page 5 . . . period, until September, 2002, again noting the undecided nature of activities in the Downtown which affect parking for that action. 5. A site visit on July 3, 2003, indicated that the lot is being used for parking purposes and did not cease operation as required by the City Council in August, 2002. On-site signage indicates the lot is available for ferry parking. 6. The ferry system and other tourist activities generate a need for long-term off-street parking in the Downtown area. 7. Use of the unimproved site as a temporary parking area is non consumptive of the land available for development in the Central Business District as it can easily be converted to a higher use 8. Current City standards require commercial parking lots to be paved, striped, and designed for best stormwater control management. Section 14.40.150 Improvement of Parking Spaces of the Port Angeles Municipal Code requires that: A. Any parking spaces provided to comply with the terms of this Chapter, other than for single-family detached residences, shall be improved in accordance with the following requirements: 1. They shall meet the requirements of the clearing, grading, filling and drainage regulations set forth in Chapter 15.28 PAMC. 2. They shall be graded and paved with a hard-surface pavement of portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface pavement acceptable to the Director of Public Works. All parking spaces shall be clearly and permanently striped in conformance with Public Works parking lot design standards. Wheel stops shall be installed where necessary to prevent encroachment upon public rights-of-way 9. No complaints have been received since 1992 with regard to the operation of the temporary parking lot. A complaint regarding litter was submitted in 1991 which was addressed by the applicant 10. The application request was posted and published in the Peninsula Dailv News on June 25, 2003, and was mailed to surrounding property owners on June 20,2003. No comments were received. 11. Goal B and Policies R14 and B.16 of the Transportation Element of the City's Comprehensive Plan encourage off-street parking facilities to be sufficient and accessible within the business and residential areas and that allowances should be made for shared parking facilities. 12. Discussion has occurred between the Planning Commission and the applicant and Planning Commission Minutes Jllly 9, 2003 Pllge6 . . Conclusions: . City Council for the past twelve years that the parking use can be considered temporary in nature due to proposed reorganization and redevelopment of certain activities in the Downtown. The Gateway project has been proposed for several years and has recently been finalized such that construction and reorganization relative to the project is scheduled to begin in March, 2004. This complement of businesses within the Downtown has also changed in the past eight years with a much higher occupancy rate generating a need for additional improved parking in the Downtown. The applicant's testimony during past public hearings acknowledged the state of flux the Downtown has been in which is now drawing to a close in support of the unimproved parking area. 13. A Mitigated Determination of Non-Significance (MDNS #465) was issued in 1992 for the overflow off street parking activity. The MONS was conditioned to require improvement to the parking lot as a mitigation measure but was withdrawn and the mitigation measure was attached as a condition of approval to the conditional use permit instead. The resulting DNS was issued on April 17, 1992, was adopted on July 7,2003, for the current request which fulfills the City's responsibility under the State Environmental Policy Act (RCW 43.21C). 14. During a public hearing conducted on July 9,2003, the Planning Commission heard testimony from the applicant as to why continuation of the temporary overflow parking lot would qualify a being in the "Other" category (Section 17.24.160 K) of the Port Angeles Municipal Code. The applicants reasons included that a peak July through August tourist season brings extreme parking needs for the Downtown that cannot currently be met but which are imminent and that the Gateway transit center is still as yet in a state afflux as to size and financing but that the situation will soon draw to a conclusion. 15. The applicant testified on July 9, 2003, that he is willing to abide by specific conditions which will allow the proposed temporary use to be considered as a special circumstance including specific time lines and the removal of signage immediately following the expiration ofthe use on September 30,2003. A. As conditioned, the use has unique circumstances which qualify it as being permitted in the "Other" section (Section 17 .24.060K) ofthe Port Angeles Municipal Code that allows other conditional uses not listed which comply with the purpose of the zone in which the site is located by CUP. Therefore, the use as proposed is in compliance with Section 17.24 (Central Business District) of the PAMe. B. Although the site has been approved for many years as an overflow, temporary parking lot, it is apparent from testimony that continued use is in the best interests of the general public and Downtown businesses for a specific period oftime. Therefore, as conditioned, use of the unimproved parking lot is inconsistent with other improvements in the Downtown and with the intent of Section 17.24 (Central . . . Planning Commission Minutes July 9. 2003 Page 7 as conditioned, use of the unimproved parking lot is inconsistent with other improvements in the Downtown and with the intent of Section 17.24 (Central Business District) of the Port Angeles Municipal Code. C. As conditioned, short term use of the unimproved parking area can be considered as being in compliance with the long term intent of the City's Comprehensive Plan goals and policies and with the City's Urban Services Standards and Guidelines which require improvement to commercial properties. E. Recent actions to finalize certain development and rehabilitation plans in the Downtown signal an end to the indecision surrounding questions with regard to the Downtown's parking needs. Occupancy rates in the Downtown have significantly improved and, along with it, the need for additional parking. The time frame imposed will ensure that the temporary activity will cease prior to proposed future development but will allow temporary parking in the interim for the most extreme parking demand period as identified by the applicant during public testimony as July through August. The motion was seconded by Commissioner Rasmussen and passed 3 - 2 with Commissioners Nutter and Hewins voting in the negative. Commissioners Hewins stated that he is not convinced that other improved parking lots in the area cannot supply parking for the demand that is considered the special circumstance in this request or that unfair competition should be allowed with those who have followed the rules at this time. Commissioner echoed the reasons expressed by Commissioner Hewins and did not believe the applicant would comply with conditions. Commissioner Schramm asked Jack Heckman ifhe understood the conditions to which Mr. Heckman replied "yes". COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Hewins indicated that he would not be at the July 23, 2003, meeting. Planner Roberds responded to questions regarding developments proposed along Front Street for Coldwell Banker, 114 North Albert (old Aggie's apartments), and 8th and Lincoln Streets. . . . Planning Commission Minutes July 9, 2003 Page 8 ADJOURNMENT The meeting adjourned at 9:15 p.m. 0t lffIJA r?!ff inda Nutter, C air -- ue Roberds, A ng Secretary PREPARED BY; S. Roberds FORTANGELES WAS H J N G TON, U. S. A. . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASESIGN IN Meeting Agenda of: PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. 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