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HomeMy WebLinkAboutMinutes 08/12/2009ORTANGELES W A S H I N G T O N U S A. IV. PUBLIC HEARING: COMMUNITY ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street August 12, 2009 6 p.m. I. CALL TO ORDER Pledge of Allegiance Led by the Chair II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of July 22, 2009 and correction to July 8, 2009 minutes CONDITIONAL USE PERMIT GATEWAY PLAZA —125 East First Street: Allow various uses, including community gatherings, festival events, public markets, private parties, and trade shows to occur in the Gateway Plaza area on a regular basis. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS. John Matthews (Chair); Doc Reiss (Vice Chair);Werner Beier, Mike Caudill, Tim Boyle, Carla Sue, Nancy Powers. PLANNING STAFF Nathan West, Director, Sue Roberds, Planning Manager, Scott Johns, Associate Planner, Roberta Korcz, Assistant Planner, CALL TO ORDER MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 12, 2009 6:00 p.m. Chair Reiss called the meeting to order at 6 p.m. Members Present: Nancy Powers, Carla Sue, Mike Caudill, Doc Reiss, Werner Beier, Tim Boyle, John Matthews Members Absent: None Staff Present: Scott Johns, Roberta Korcz, Heidi Greenwood, Sue Roberds, Richard Bonine Public Present: Tom Callis APPROVAL OF MINUTES Commissioner Powers moved to approve the July 8, 2009 minutes as revised by staff. Commissioner Boyle seconded the motion that passed 6 1 with Commissioner Beier abstaining due to his absence at the meeting. Chair Reiss thanked staff for revising the minutes to include elaboration on the discussion had during the July 8 deliberation with regard to the Hankins rezone application. Commissioner Beier moved to approve the July 22, 2009 minutes as presented. The motion was seconded by Commissioner Sue and passed 6 1 with Commissioner Reiss abstaining due to absence at the meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT GATEWAY PLAZA CUP 09 -05 125 East First Street: Allow various uses, including community gatherings, festival events, public markets, private parties, and trade shows to occur in the Gateway Plaza area on a regular basis. Chair Reiss qualified the Commission by reviewing the quasi judicial public hearing questions regarding appearance of fairness or conflict of interest issues. All Commissioners responded that there were no issues to divulge. There being no issues or concerns, he then opened the public hearing. Associate Planner Scott Johns reviewed staff's report recommending approval of the conditional use permit with one condition. Commissioners asked general questions regarding presentation of the information relative to operational policies and fees. Mr Planning Commission Minutes August 12, 2009 Page 2 Johns suggested that those questions should be addressed to Deputy Parks and Recreation Director Bonine who was present in the audience. In response to a question from Commissioner Matthews, Planner Johns answered that public parking is available underneath the pavilion area but that parking is public and can be used only on a first come first served basis. There is no dedicated parking available anywhere for the pavilion use with the exception of the Police Department office on site. Commissioners discussed the various uses proposed. weddings, private parties, semi public events, birthday parties, etc. The site seems a bit open for these uses and Commissioners asked questions as to whether the site would be cordoned off for events. Chair Reiss opened the public hearing to discuss issues with the applicant. Richard Bonine, Deputy Parks and Recreation Director for the City of Port Angeles responded to Commission questions about available parking and that firm operational policies and fees had not been adopted. He preferred to wait until he was sure the conditional use permit would be approved to put final effort into formulation of final operational policies and procedures and to set fees through the City's Parks and Recreation Commission. City staff will manage use of the Gateway pavilion under the oversight of the City's Parks and Recreation Commission, At this time, a fee of $75 per event is anticipated. Reservations will be first come, first served. Commissioner Matthews was concerned with the term `private." How private could a party be in this location? He explained that his interpretation of private means "exclusive which is bothersome given the public ownership of the site. Mr Bonine responded that the public portions of the pavilion will remain available to the public even if an event is occurring: someone who is not a party to a planned event could still use the public restroom facilities if they are open. Only the pavilion area would be rentable separately The restroom facilities will be open from 7 -7.30 a.m. to 8.30 9 p.m. daily The facilities will be jointly monitored by Clallam Transit and City staff. Discussion continued on the impact to parking in introducing a new use in the Downtown without dedicated parking. Mr. Johns reiterated that there is no dedicated parking for the use but there is parking available in the area through the PBIA. Commissioner Boyle was also concerned that use of the pavilion could draw many more people to the area without providing additional parking. Mr Johns noted that there are several places to park in the Downtown that are not immediately in the area of the pavilion but are part of the Downtown complement of parking. He believed that merchants in the Downtown would love to see a parking problem caused by a greater number of people drawn to the Downtown for any reason. Commissioner Boyle was concerned that draft procedures and policies were not available for review or consideration by the Commission, which is common with other conditional use permit reviews. Planning Commission .Minutes August 12, 2009 Page 3 Mr Bonine again stated that he would first ask for approval then formulate policies and regulations for the operation. He has drafted policies but they are not final. Chair Reiss noted that he has worked with the City to use public facilities during Arts In Action events and it is not an onerous process. The regulations are reasonable and in the best interest of the public. Regulations address use of whatever public facility is requested and require that it be left clean and undamaged. He noted that the issue at hand is the activity and that the finite matters of operation should be left for the Parks and Recreation Commission to work through with staff. There being no further testimony, Chair Reiss closed the public hearing. (Mr. Bonine left the meeting room at this point.) The Commission continued to discuss the lack of policies and procedures and potential scenarios of operation amongst themselves. They continued to express question regarding parking matters in that the pavilion usage can be up to 999 people. They were concerned about exclusion of public from scheduled events and how that would occur without incident. Following significant discussion on these matters, Commissioner Boyle moved to approve Conditional Use Permit CUP 09 -05 with one condition, citing the following findings and conclusions in support of that decision: Condition: 1 It is the responsibility of the Public Works and Utilities Department Parks and Recreation Division to manage the activities occurring at the Gateway Plaza to ensure that all policies and rules established for the Gateway Plaza be adhered to during events. Findings. Based on the information provided in the Community Development Staff Report for CUP 09 -05 dated August 12, 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 The City of Port Angeles Public Works Utilities Parks and Recreation Division submitted Conditional Use Permit application CUP 09 -05 to allow community events, festivals, concerts and other activities at the Gateway Plaza structure in Downtown Port Angeles on July 27, 2009 2. The Gateway plaza area is a portion of a larger developed public transit center The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area. 3 The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. Planning Commission Minutes August 12, 2009 Page 4 4 The site is zoned Central Business District. Adjacent land use designations are also Commercial. 5 The proposed site is located at 125 E. Front Street and is located on the northwest corner of Lincoln Street and Front Street. The site is zoned Central Business District, CBD 6. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is also located in the City's Harbor Planning Area. Development in the vicinity includes expected Downtown development, including commercial businesses, recreational, and industrial activities along the Port Angeles Harbor shoreline. 7 The Gateway plaza area 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. 8. Activities such as public gatherings, festivals, open air markets, private parties, and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally, uses that are not permitted outright by the Municipal Code 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. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an "Other uses compatible with the intent of this Chapter (PAMC 17.24 160.(H)). 9 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 owned facility that is managed by the City's Parks and Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are being developed by the City Those specific policies will govern individual activities at the plaza and will be adjusted by City personnel should issues arise. 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 Planning Commission Minutes August 12, 2009 Page 5 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 Extensions of approved conditional use permits may be granted if the use complies with the permit conditions and if there have been no significant, adverse changes in circumstances, or the adverse impacts have been adequately mitigated. 14 Reviewing City Departmental comments were considered in the review of this application. 15 Notification of the proposed action and conditional use permit application was placed 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 was issued for this proposed action on August 10, 2009 17 The Planning Commission opened a public hearing on the proposal at the August 12, 2009, regular meeting. Conclusions. Based on the information provided in the Department of Community Development Staff Report for CUP 09 -05 dated August 12, 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 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 proposed use complies with Section 17.24 (CBD Zone) of the Port Angeles Municipal Code and, as conditioned, the proposal is consistent with development Planning Commission Minutes August 12, 2009 Page 6 standards for other uses compatible with the intent of the CBD zone, sub section 17.24 160(H). 3 The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050 4 The proposal is consistent with PAMC Chapter 14 40 (Parking Ordinance). Commissioner Matthews seconded the motion that passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Associate Planner Johns circulated the facade improvement program ordinance adopted by the City Council on August 5 The facade improvement program provides a grant opportunity for business improvements in commercial zones City wide. The final, final version of the American Institute of Architects visit to Port Angeles this past spring has been received and will be available on the City's web site by the end of the week. REPORTS OF COMMISSION Commissioner Caudill asked if there could be potential conflict between the farmer's market or other users of the Gateway Transit Center and pavilion area. Planner Johns noted that final management procedures and policies have yet to be finalized but staff and the Parks and Recreation Commission will formulate the final procedures and policies based on established current City facility use policies. He asked how far in advance can the facility be reserved, and could someone potentially monopolize the site for personal or business use? Do you pay in advance, or pay as you use? Attorney Greenwood noted that there is significant case law with regard to use of public property, and the procedures and policies will be finalized per that case law as is the case with the use of any City facility ADJOURNMENT The meeting adjourned at 7 p.m. Sue Rober.s, `.ecretary Doc Reiss, Chair PREPARED BY S. Roberds PORTANGELES W A S H I N G T O N U S. A PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify MEETING DATE —C D o PRINT NAME R 1ck147 7 1 )oruye ADDRESS i P /9 c- o �a� `Y /9c-C- AGENDA ITEM