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HomeMy WebLinkAboutMinutes 11/09/2005 ~ORTANGEL.ES WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street November 9, 2005 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of October 26,2005 IV. PUBLIC HEARINGS: . 1. CONDITIONAL USE PERMIT - CUP 05-07 - GOLDSTEIN/INAGE - 313 AND 313 )!z Viewcrest Avenue: Req 2. EXTENSION of Conditional Use Permit - CUP 03-06 - Saturday P A Farmers Market: Continuation of farmers market activity on Laurel Street between Front and First Streets. V. CONTINUED PUBLIC HEARING: 1. PLANNED RESIDENTIAL DEVELOPMENT and PRELIMINARY SUBDIVISION PROPOSAL. GREEN CROW. Campbell Avenue: A preliminary subdivision on property zoned Residential High Density and Residential Single Family that includes a planned residential development. (This item should be continued to December 14.) VI. COMMUNICATIONS FROM THE PUBLIC VII. STAFF REPORTS VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT . PLANNING COMMISSIONERS Len Rasmussen (Chalr),Chene Kldd (VIce ChaJr),Dave Johnson, KeVIn Snyder,Betsy Wharton, Candace Kahsh, John Matthews PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Planmng Manager, Scott Johns, ASSOCIate Planner, Nathan West, Pnnclple Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 9, 2005 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Kevin Snyder, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: Len Rasmussen, Cherie Kidd Staff Present: Nathan West, Sue Roberds, Mark Madsen, Ken Dubuc Public Present: S. Taylor Jennings, Kathy Coville, Paul and Peggy Wesley, Catharine Swartzbacker, T. Anthony Hoare, Craig Ritchie, David Goldstein, Kim Weimer, Mary Gotham, Peter and Jane Vanderhoof, Kari Williamson, Katie Loghry, Edna Petersen, Nash Huber, Larry Leonard, ArIa Holzchuh, Ed Beckett, Sharon and Chris Hodglen, Brenda Nailor, Joanne Eagan, DeeAnn Nelson, Patricia Walker, Jerry Hendricks, Don Bettger, Kia Kozun, Bob and Lindi Lumen, Rick Mathis, Coleman Burnes, Margaret Thomas, Jim Hoare, Robert and Maegan Jones, Ernst Schafer, Karl and Jennie Baymor, Ed Chadd, Craig Miller, Tyler Ahlgren, Anne Murray, Leah Em, Fabian Allen, Nancy C., Bonita Melville, Catherine Cown, Kim Sager, Diane Markley, Elissa Arnheim, Marlene Lesh, Christie Johnston, Patrick and Kim Loafinon, Mel Kossed, Linda May, Dan Callahan, Joanne Jones, Robert McCrorie, Barb Weekes, Vickit Matthews, Kathryn Nugent, Sandy Long, Beth Loveridge, Ryan Ruperts, Don Bettger, Mark Rollison, Kate McDermott, Katherine Nugent, Oscar Hammer, Stewart Miller, Steven Fradkin, Jason Winters, Sasha Arora, Margaret Stultz, Tim Maddox APPROVAL OF MINUTES Commissioner Kalish moved to approve the October 26, 2005, minutes. The motion was seconded by Commissioner Johnson and passed 5 - o. PUBLIC HEARINGS: Chair Pro Tern Snyder opened the meeting and indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge in order to present testimony before the Planning Commission. CONDITIONAL USE PERMIT - CUP 05-07 - GOLDSTEIN/INAGE - 313 AND 313 Y; Viewcrest Avenue: Request for a conditional use permit to allow an accessory residential unit in the RS-7 Residential Single Family zone. . . . Planning CommissIOn Mmutes November 9, 2005 Page 2 Principal Planner Nathan West presented the Department's report recommending approval ofthe conditional use permit with conditions. Chair Pro Tern Snyder opened the public hearing. David Goldstein, P.O. Box 904, Neah Bay, WA was present for questions. There being no further questions, Chair Pro Tern Snyder closed the public hearing. Commissioner Wharton noted for the record that she lives in the neighborhood. No one in the room objected to her remaining to act on the permit application. Following brief discussion, Commissioner Johnson moved to approve the conditional use permit citing the following conditions, findings, and conclusions: Conditions: 1. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory residential units shall be clearly identified as 313 and 313 Yi for emergency purposes. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. 3. Smoke detectors are required as per the International Residential Code. 4. A six (6) foot sidewalk adjacent to the curb shall be constructed in accordance with Public Works and Utilities standards. 5. All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction of the Public Works and Utilities Department. Findings: Based on the information provided in the Community Development Staff Report for CUP 05-07 dated November 9,2005, 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. David Goldstein and Eriko Inage submitted a Conditional Use Permit application for an accessory residential unit (ARD) on September 26, 2005, to allow the construction of an accessory residential unit as part of their residential permit application. The applicants own the subject property. 2. The proposed site consists of Maguire's H Addition Cravers Short Plat Lot 2 of91(03)01 Port Angeles and is located at 313 and 313 Y2 Viewcrest Avenue. . . . Planmng CommISSIOn Mmutes November 9, 2005 Page 3 3. The site is zoned Residential Single Family (RS-7). 4. The Comprehensive Plan designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. The site is located in the City's South Central Planning Area. The subject site is located on the north side of View crest Avenue and west of Maple Street. Development in the neighborhood includes predominately single family residential uses as well as a church and high school. There are two existing duplexes on neighboring lots. 5. Per 17.96.050 P AMC, 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. Conditional uses shall 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. The City's Comprehensive Plan was reviewed for consistency with the proposal. 6. 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. 7. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on October 21,2005. Public notice was mailed to property owners within 300 feet of the subject property on October 19,2005. The site was posted on October 20,2005. No written comments were received as a result ofthe public notice. 8. A Determination of Non-Significance was issued for this proposed action on October 31, 2005. 9. The Planning Commission opened a public hearing on the proposal at the November 9, 2005 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 05-07 dated November 9,2005, including all ofthe 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: . . . Planmng CommiSSIOn Mmutes November 9, 2005 Page 4 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 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B.14. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. 3. The proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance) 4. The use is in the public interest as it allows for a variety of housing opportunities. 5. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. Commissioner Matthews seconded the motion which passed 5 - o. EXTENSION of Conditional Use Permit - CUP 03-06 - Saturday P A Farmers Market: Continuation of farmers market activity on Laurel Street between Front and First Streets. Chair Pro Tern Snyder noted that, due to the number of people who wished to testify regarding the Market permit, specific rules of procedure would be followed. Each speaker would be allowed 5 minutes with 10 minutes for group speakers. Larry Leonard, 1030 Olympus Avenue, stated that all members of the Planning Commission should recuse themselves due to the amount of information that they have heard regarding the issue at hand. Commissioner Kalish asked other Commissioners if they wished to comment. Craig Ritchie, 212 East Fifth Street, represented the applicants and noted that since the hearing would be based solely on the record to be created, he did not object to any ofthe Commissioners remaining for the proceeding under the State's Appearance of Fairness Doctrine. City Manager Mark Madsen added that prior information may not be considered during the public hearing. The previous public hearing was invalidated, and therefore it is as if it never happened. The Commissioners will act solely upon the record being created, and will all be acting on the same information so there is no appearance of fairness issue. The Commissioners then individually stated that they would be acting on the record being created. Planning Manager Sue Roberds presented the Department Report and responded to questions from the Commission regarding parking lot activities. She noted that the Port Angeles Municipal Code allows for parking lot activities to take place in any business parking area of the City for a period not to exceed 30 days in a calendar year under certain conditions. Ms. Roberds agreed that the Saturday Farmers' Market activity could operate on such a property for up to 30 weeks since the activity is once a week. Ms. Roberds indicated that the use of a business parking lot area for more than 30 days in a calendar year could be permitted through a conditional use permit approval. It was agreed that a conditional use permit process for an alternate site may result in the same type of lengthy, controversial process that has occurred for the current site. Planning Manager Roberds noted that the issue at hand is strictly site specific. . . . Planmng CommISSIOn Mmutes November 9, 2005 Page 5 In response to Commissioner Wharton, Planning Manager Roberds explained the difference between conditional use permits that contain specific time requirements as opposed to those that become permanent Following continued questions regarding staffs recommendation and analysis, Chair Pro Tern Snyder opened the public hearing. Craig Ritchie, 111 East Fifth Street, represented the Farmers' Market. Mr. Ritchie stated that there had been no change in circumstances since the original approval of the Market location which is necessary to approve an extension of the activity. As a for profit business enterprise, the Market needs permanency. The issue is whether a Market is desired in the Downtown or not. Peter Vanderhoof, 585 Wasankari Road, Port Angeles, W A 98363 read a letter which he then submitted for the record. He specifically objected to findings #8 and #20 in staff s recommendation of denial. Mr. Vanderhoof stated that the Market management has exhaustively sought alternative sites within the Downtown, attended meetings regarding a permanent Market site, and consulted with Market experts as to components needed for a successful Market to no avail. Obstacles in each case were numerous and, at that time, the use of business parking areas was not permitted. In response to Commissioner Kalish, Mr. Vanderhoof stated that the Market is amenable to continuing its search for a permanent site within the Downtown and will move when such a site becomes available. Craig Miller, 711 East Front Street, represented four property owners and four businesses within the Downtown who object to the Market use remaining in its present location on Laurel Street. Mr. Miller stated that the use is in conflict with surrounding activities as it obstructs the well established traffic flow and can no longer be considered temporary. As other locations have now been identified for the Market use within the Downtown area, the activity should not be permitted to continue to occupy the City street to the detriment of established businesses. Chair Pro Tern Snyder reminded Mr. Miller of his time limit to speak. Mr. Miller objected to not being allowed to speak further and wanted the fact noted for the record. (Editor's note: It was later noted that the Chair Pro Tern did not realize that Mr. Miller was speaking for his clients, and his clients did speak independently later on the meeting.) Don Bettger, 114 East First Street, has been in business in Port Angeles for many years and testified to the fact that clients and customers will find you ifthey seek your product. Established businesses that have provided a base for the Downtown shopping area depend on an established traffic pattern. It is simply not tolerable to close that established traffic pattern 52 days a year in order to accommodate a temporary use. Jerry Hendricks, 105 East First Street, noted that access is extremely important for the success of any business. The initial street location for the Market was to be a temporary location until a permanent site could be found in a timely manner. The continued disruption to established parking and circulation patterns is unacceptable and poses a serious problem to occupants of his building (situated east of Laurel Street). He predicted occupancy issues ifuse of the right-of-way on a regular basis is allowed to continue. Mary Gotham, 105 East First Street, objects only to the continued use of Laurel Street for the Market use. The Market has grown tremendously in the three years that it has operated in the right-of-way location and it is good to see more people in the Downtown partially due to the Market activity. Saturday is the biggest shopping day of the week for local merchants. The Market has been allowed to occupy a prime location in the Downtown for little to no rent and houses for profit vendors who restrict access to established businesses by their location in the . . . Plannmg CommiSSIOn Mmutes November 9, 2005 Page 6 street on a regular basis, 52 weeks a year, for the past three years. Enough is enough. The activity is no longer temporary and is detrimental to other businesses as it obstructs an established traffic flow including freight delivery and pick up patterns and restricts customer parking. Customers have told her that it s "a pain in the neck" to shop around the Market activity. She strongly believes that the current location is very detrimental to her established business. Catherine Schwarzbocker, 106 East First Street, encouraged extension of the permit in the right-of-way location as a public use. She encouraged the Planning Commission to think about the good of the entire community in its action. Larry Leonard, 1030 Olympus Avenue, reminded the Commissioners that the original approval was based on the use being temporary. When the use was originally granted, negative impacts had not been identified as they now have. S. Taylor Jennings, 105 East Front Street, stated, as a small business owner, that all business owners work very hard and should work together to be successful. She did not understand why people could not deal with minor disruptions of an established traffic pattern in the best interest of the entire community. Mel Kossen, 221 Whidbey Avenue, stated that, ifit wasn't for the Market use in the Downtown, there would be a great deal less business in the Downtown. He provided written materials regarding advantages to Downtown areas that are realized by market uses. In response to Commissioner Kalish, Mr. Kossen responded that the Laurel Street location is needed because it draws people to the center of the Downtown. Karl Baymore, 136 Southridge Road, Port Angeles identified the LaurelBtreet location as being ideally suited for a Market activity as it draws people to the area. In response to Commissioner Kalish, Mr. Baymore stated that Laurel Street is the keystone to the Downtown and is best suited for a Market activity and businesses. Coleman Burns, 146 Thompson, Port Angeles spends more money in Port Angeles because of the Market use. He did not believe that the location is negatively disruptive to Downtown businesses. Catherine Cown, 220 South Oak Street, supports Laurel Street as a permanent location for the Market use. Farmers need to have a permanent location to sell what they grow. Ernst Schaefer, 120 North Laurel Street, supported Laurel Street for the Market use as it greatly benefits his business that is located on Laurel Street. In response to Commissioner Kalish, Mr. Schaefer responded that the Market use needs to be in Laurel Street because Laurel Street is the heart of the Downtown. Jennie Baymore, 136 Southridge Road, Port Angeles has never experienced a parking problem with the Market location. Anytime a business relocates it is detrimental to the business. Wherever the farmers go, she will follow. She encouraged the Commission to allow Laurel Street to be a permanent location for the activity to continue to bring shoppers Downtown. Mark Rollison, identified surrounding uses in the area of Laurel Street using a display board and encouraged support for the Market use on Laurel Street. Kate McDermott, 909 West 1h Street, trys to find ways to support Port Angeles rather than other shopping areas. She is able to accomplish this by the Market location on Laurel Street because it is the hub of the Downtown. J. Anthony Hoare, 2873 East Beach Road, Port Angeles strongly opposes the Market being permitted to remain in Laurel Street at this point. Business owners have made huge investments in Downtown properties because of the prime commercial location in the center of . . . Plannmg CommISSIOn Mmutes November 9, 2005 Page 7 town with easy access, continual traffic flow, and good visibility. These businesses depend on Laurel Street remaining a thoroughfare. The issue is why should the Market be allowed to continue to locate in Laurel Street? Why can't the use be located outside of a public thoroughfare to a permanent site? He is not against farmers. Farmers are exceptionally hard working people. He is objecting only to the continued use of a public right-of-way for the conduct of such a use when other properties are now available in the Downtown area. The use should be moved to an appropriate location at this point. Beth Loverage, 140 Erving Jacobs Road, Port Angeles, noted that it seems everyone is in agreement that the Market is good for the Downtown and want to make the activity work. She urged that the location be approved in order to work toward a permanent solution. Lindi Lumens, 120 West pi Street, has never heard Market customers say they would not follow vendors wherever they might need to go to operate. She compared her store sales figures on Market days for the past three years and has found that on Saturdays, the best shopping day of the week, her business has consistently been down. This past weekend when the Market did not operate in the street, her sales were up 83% over what they have been experiencing all year. Bob Lumens, 120 West pi Street, read a letter from Bob McCrorie, McCrorie Home Furnishings, who had to leave the meeting for health reasons. Mr. McCrorie is opposed to the continued use of Laurel Street for a Saturday Market activity. The right-of-way needs to remain open for the Downtown to be successful. Historically, forty percent (40%) of all retail activity takes place on Saturdays. Only one half of that activity is realized when the Market is operational on Saturday. Travel through the alley is confusing at best when the street is blocked for the Market use. He urged the Market to locate to another location that is less important to Downtown businesses. Katherine Nugent, 202 Canon Ball Road, Port Angeles, works at the Country Aire store on First Street. The Market activity has increased their business, and she is in favor of its continued location in Laurel Street. Anne Murray, 306 Lopez Street, represented the Clallam Networks Economic Development Council's Agriculture Cluster. Ms. Murray applauded the efforts of the farmers' market in establishing its base in the Downtown and noted that oftentimes cities take the lead in locating a permanent location for such uses. Diane Markley, P.O. Box 2835, Port Angeles, stated that the continued closure of Laurel Street is a major detriment to 11 of the 13 tenants in a building that she owns on Laurel Street. Access to the building is not readily accessible from Laurel Street during Market activities since the main entrance is on Laurel Street. She purchased the building because of its location and made significant improvement to the structure to enhance the Downtown business district. She made the investment because Laurel Street is a major thoroughfare and would provide excellent visibility for tenants of the building. She has been patient and has worked around the Market for the past three years because the site was to be temporary, but is strongly opposed to the continued closure of the street for the Market activity. It is time for the Market to find its own permanent location. Kim Saeger, 511 East 1ph Street, shops at the Market regularly. Many cites have dealt with the permanent closure of public streets to create a centralized shopping area. It's not that uncommon. Jane Vanderhoof, 585 Wasankari Road, Port Angeles is a farm vendor. She would rather locate at the County Courthouse than to continue to work under the negativity caused by the current Downtown site. She is trying to accommodate Downtown business operators who . . . Planmng CommISSIOn Mmutes November 9, 2005 Page 8 have asked the Market to stay in the Downtown but doesn't feel that the farmer vendors in the Market actually need the Downtown location to be successful as their customers will follow them wherever they locate. The craft vendors are another story and she would like to support their desire to stay Downtown. In response to Commissioner Kalish, Mrs. Vanderhoof said that the Market needs some sense of permanency to grow, particularly the crafters. Oscar Hammer said that the Market needs to remain in the heart of the Downtown or not at all. The Market location helps the Downtown and merchants and shoppers need to adapt to beneficial change. Nash Huber, 230 Simpson Road, Sequim, WA reminded those present that the Market was invited to the Downtown by the Port Angeles Downtown Association (P ADA). Vendors have worked very hard to grow the Market activity in the Downtown for the benefit of the entire community. The Laurel Street location works because it is located in the center of the shopping area and brings more customers to the Downtown which benefits all Downtown businesses. If the City wants to continue to work with the Market, the Market is happy to do whatever it takes to make the activity work as well. Stewart Miller suggested that what may be needed for the Downtown is a new circulation pattern that will encourage people to remain longer in the Downtown instead of the drive in drive out atmosphere that now exists. Elissa Arnheim, 214 East 11th Street, supports the Market location in the street. Redirecting traffic is actually a good thing because it requires visitors to travel to other areas of the Downtown that they might not ordinarily visit. Ed Chadd, 307 West 6th Street, rarely shopped Downtown prior to the Market activity but now visits the area because of the Market location. His elderly parents walk around the Downtown when they visit the Market. He does not believe that it would be beneficial to the Downtown if the Market leaves. Steven Fradkin, 511 East 11th Street, agreed that the Downtown location is good for everyone and parking is not a problem. There being no additional testimony, Chair Pro Tern Snyder closed the public hearing at 9:27 p.m. Commissioner Kalish began discussion by stating that the only issue of concern is whether to continue to close Laurel Street for the Market use or move the Market location. Commissioner Matthews stated that it appears Market customers are very loyal and will follow the Market wherever it goes. The Market will succeed wherever it goes. The question is whether it should be allowed to remain in the street when there are now other locations that weren't previously available. The Downtown will do business as it has historically done and although there may be an impact, the Downtown and the City will survive if the Market is not located in the Downtown. Commissioner Johnson was very disappointed at the apparent crossroads that has been reached regarding the activity. He was concerned that an activity that so many people seem in favor of has divided the community in its loyalties. Manager Madsen said that there are organizational issues and potential proj ects in the works not for public review at this point that may affect the issue. Timing of this issue is unfortunate. Commissioner Wharton was disturbed by the turmoil that has resulted regarding the Market location and thought that if the use were to relocate to its previous location at the County . . . Plannzng CommISSIOn Mmutes November 9, 2005 Page 9 Courthouse parking lot, it may provide an opportunity for the players to work out some of the issues that would allow the activity to return to the Downtown in a beneficial location, or grow at the Courthouse. Commissioner Snyder added that the use is good for the Downtown and good for the community as a whole. Commissioner Johnson hoped that the proposal to locate a Market in the Downtown could be reviewed further and that the Market may be better off locating at the Courthouse for the present time. Following continued discussion, Commissioner Kalish moved to approve extension of the conditional use permit in its current location for an additional three years to May 15, 2008. Commissioner Wharton seconded the motion. Commissioner Kalish asked staff for assistance in drafting appropriate conditions, findings, and conclusions, and Chair Pro Tem Snyder called for a 15 minute break to accomplish the task at 10:15 p.m. The meeting reconvened at 10:45 p.m. It was noted that some Commission members had spoken with members of the audience during the break. Chair Snyder asked Commission members to reveal to the audience the subject of any conversations that may have occurred with members of the audience during the break Commissioner Matthews noted that he spoke with Denise Brennan, a Market vendor, regarding coffee and his work at the U.S. Post Office. Commissioner Wharton spoke with Fire Marshall Dubuc about public safety issues that were brought up in staff report regarding the Market and to ArIa Holzchuh about changes in City staff but not about Market issues. Commissioner Snyder spoke to someone regarding that a recess was called in order to allow staff to consolidate the information provided regarding revised conditions, findings, and conclusions. Commissioners Kalish and Johnson did not speak to anyone during the break. Following review of the revised conditions, findings, and conclusions, as directed by the Commission, the following conditions, findings, and conclusions were accepted by the maker of the motion and the second: Conditions: 1. Conditional Use Permit CUP 03-06 is hereby extended to May 15, 2008, as long as the operation remains in compliance with all conditions of approval. 2. Products to be sold shall be strictly limited to locally grown plants, food or food products and associated, local arts and crafts, in compliance with the rules ofthe Washington State Farmers' Market Association. 3. Continued compliance with State and County requirements for the handling and sale of food and/or food products is required including sanitation facility requirements. 4. The consumption of City electric power, water, garbage collection shall be arranged for through the City's Public Works and Utilities Department within a reasonable time period prior to the need for such utilities. 5. The Port Angeles Farmer's Market shall provide the City with a certificate of insurance naming the City as an additional insured for the time period allowed for use. . . . Planmng CommiSSIOn Mmutes November 9, 2005 Page 10 6. Necessary educational outreach to vendors and customers about proper use of off-street parking areas, signage, and use of public facilities shall be made. Signage shall direct patrons and vendors to the public restroom facilities. The Market Manager has identified allocated parking areas and has stated that all vendors are specifically directed as to where they must park. A letter from the Downtown Association (attached) indicates that 25 parking permits are available for vendor use. 7. Street barricades shall be provided by the Port Angeles Farmers Market. The Market Manager is in charge of the barricades which have been issued by the City. Several site visits over the year have indicated that the barricades are being used and stored properly. 8. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles. This condition has consistently been met. 9. A right-of-way use permit shall be approved by the City's Public Works and Utilities Department prior to use of the City's rights-of-way. 10. The Port Angeles Farmers Market shall submit a parking plan that is acceptable to the Downtown Business AssociationlPBIA in order to continue use ofthe public right-of- way. 11. Traditional community sponsored events such as Arts n' Action and other Downtown holiday activities shall take precedence over the farmer's market for use of the street. 12. The Market shall present evidence within 18 months of this approval of working with the Clallam County Economic Development Council's Agriculture Cluster and City staff to arrive at a permanent Downtown location for the farmers' market. 13. The conditional use permit to operate the farmers' market on Laurel Street on Saturdays shall not be further extended unless there is sufficient evidence that progress had been made toward finding an alternate location. Findings: Based on the information provided in the Planning Division Staff Report for extension of CUP 03-06 dated November 9,2005, including all information in the public record file, written comments, and testimony presented during the public hearing, the Planning 1. The Port Angeles Farmers' Market submitted an extension request to continue the Saturday Market activity (CUP 03-06) on July 18, 2005. 2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that "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 following minimum criteria are met: (1.) The use complies with the permit conditions; and (2.) There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning CommiSSIOn Minutes November 9. 2005 Page II . . . Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request." 3. Farmers' Markets are intended to provide a location where local farmers and artisans can sell their goods to the public and are widely accepted as an activity that can enhance a commercial area. 4. The subject Market site is located in the Port Angeles Downtown on Laurel Street between First and Front Streets. The Saturday Market activity has operated on the site since 2003. Yearly extensions have been approved in order to allow time for Market management and local business operators to work through specific issues regarding a permanent Market location, parking, and signage. Individual stands are approximately 10' by 10' and 12' in height and currently occupy the Laurel Street right-of-way between Front and First Streets that is approximately 12,000 square feet in area. Public notice ofthe extension proposal was made in compliance with P AMC 17.96.140 with publication appearing in the Peninsula Daily News on July 22,2005, posted on the site on July 19, 2005, and mailed to property owners within 300 feet of the subject property on July 22, 2005. On October 20, 2005, the site was again posted for a new public hearing to be conducted on November 9,2005. Public notice again appeared in the Peninsula Daily News on October 21,2005, with public notices re mailed to surrounding property owners and known parties of record on October 20, 2005. Written public comment was received and was considered in staff s recommendation. 5. 6. 7. Written public comment received during the posting/public comment period indicated strong support for a Market use in the Downtown and only objected to use ofthe right-of- way for the activity. Some business operators reiterated issues with regard to the Saturday operation in the public street that are believed to have had a continually negative impact on specific businesses. All who commented agreed that a Market use is a needed component of a viable Downtown. 8. One business owner expressed public safety concerns and access issues with the regular closure of the right-of-way in that the second floor of her building is inaccessible during Market operations. Another business manager identified circulation issues with an existing parking area during Market activities that are confusing at best. Testimony was provided from a Market vendor who spoke to the Port Angeles Fire Department regarding public safety issues with the closure of Laurel Street. Several business operators believe that the use of Laure! Street is vital to their business health and success and that the Market use, while supported in the Downtown, must be relocated to a location that is not as vital a component of their business interests. Those who objected to the continued use believe that continued use ofthe right-of-way does not constitute temporary occupancy, which was intended with original approval of the CUP. All comments indicated support for the actual Market use. 9. Planmng CommISSIOn Mmutes November 9,2005 Page 12 . The SEP A Responsible Official adopted DNS #951 (as DNS # 1 029) for the continued operation of the farmer's market on Saturdays at the Laurel Street location on June 23, 2004. A second, site specific environmental review was performed in October, 2005, in preparation for the new public hearing, which resulted in the issuance of a determination of non significance #1129, on November 7,2005. 11. Farmers markets are a community activity and are widely supported. The Washington State Farmers Market Association specifies what products may be sold at farmers markets and that they should promote local agriculture and handicrafts. The public health and interest must be maintained by addressing environmental health requirements for hand- washing and restroom facilities, by addressing compatibility with adjacent uses and other uses permitted within the CBD, by firmly establishing a staging area for vendor vehicles and conveyances, and through compliance with local sign code requirements. 10. 12. Previous studies have been done on methods to improve the vitality of the Central Business District which suggested that the Laurel Street area should be viewed as an open plaza for a variety of uses and that farmers market uses are a viable component of a Downtown community. More recent studies have suggested alternatives to circulation patterns in the Downtown and also encourage an open plaza area. Future changes in traffic patterns in the area may offer opportunities for enhanced activities. The subject property is identified on the City's Comprehensive Plan and Land Use Map as Commercial and is zoned Central Business District (CBD). The CBD provides wide flexibility in designating commercial uses. 13. . 14. The purpose of the CBD Zone is 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 farmer's markets are not listed as a permitted or conditional use in the CBD or any other zone, P AMC 17.24. 160.(K) allows for "...other uses compatible with the intent of the Zoning Code..." by conditional use permit and the City's Comprehensive Plan encourages such uses in the Central Business District specifically on Laurel Street. The City has approved conditional use permits for Market activities within the CBD since 2002. 15. The Comprehensive Plan was reviewed and the following goals and policies are the most relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and A2, and Objective F.3; Transportation Policy B16; and Economic Development Goals A and B, and Policy A2. Land Use Goal F and Policy F.3 specifically encourage farmers market uses on Laurel Street in the Downtown and during the tourist season. 16. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, a barber shop, and parking facilities. 17. . Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC 14.40.070. However, all business activities that operate within the Downtown area must belong to the City's Parking Business Improvement Area (PBIA). Unspecified uses shall meet the requirements of similar uses as determined by the Community Development Director. The Director previously determined that 10-12 parking spaces are required for Plannmg CommiSSIOn Minutes November 9, 2005 Page 13 . 20. customers and an additional (1) parking space for each vendor is required. A letter identifying that 25 monthly parking permits are provided through the Downtown PBIA was submitted with the extension request. Clallam County Environmental Health Department personnel reported that the Market vendors are operating in compliance with Health Department standards as of this writing. No concerns are anticipated with the management of the Market. The City's Police Department had no issues with either the current Market use nor the extended Market activity. While the Public Works and Utilities Department initially suggested possible vehicle/pedestrian and traffic issues, none have been realized. The current right-of-way location was proposed as a temporary solution until a permanent site was identified. City properties can be used for uses that benefit Downtown businesses as long as the use of the parking areas does not cause detrimental parking impacts that cannot be otherwise justified. Conclusions: 18. 19. Based on the information provided in the Department Staff Report for the extension of CUP 03-06 dated November 9,2005, 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, the above listed conditions of approval and findings of fact, the City of Port Angeles Planning Commission hereby concludes that: A. Based on testimony heard during the November 9,2005, public hearing, it could not be definitively determined that use of the right-of-way for Market activities is detrimental to Downtown businesses in general. Testimony indicated that a centralized Market location is beneficial to all Downtown businesses and a negative effect would result to the business area if the Market were not to be located in the Laurel Street location. B. Letters and testimony in support of use of the right-of-way location were received in review of the extension request identifying that use is in accord with other permitted activities in the Central Business District. However, the central right-of-way location continues to be of main concern to several businesses who have stated that the location, particularly on a major shopping day, continues to be a negative impact to their businesses. . C. D. E. . A Farmers Market use in the Downtown is consistent with the City's Comprehensive Plan, and most specifically with the goals and policies identified in Finding No. 11 above. Through membership in the City's Downtown PBIA, Market vendors are in compliance with the City's Parking Ordinance Section 14.40 of the Port Angeles Municipal Code. Use of the right-of-way was temporary until a permanent site could be located elsewhere within the Downtown for a farmers' market because there was not another available site within the central Downtown for consideration at the time a market was proposed. Circumstances have changed in that other City properties now exist that are located in the same area not in the right-of-way. Planmng CommiSSIOn Mmutes November 9, 2005 Page 14 . By locating the market on a property rather than in a right-of-way, the Market may be viewed as a viable component of the Downtown business community that will enable the use to grow and expand and will provide a legitimate home for the use which has been a goal for some time. Permanent signage can be established that will inform the public that such a use is expected and provide operational information to Market customers. G. Testimony provided by a speaker during the public hearing indicated that, in conversation with the Port Angeles Fire Department, it was determined that no public safety issue is expected by the closure of Laurel Street for the Market activity. H. Testimony provided during the public comment period indicated that there has been no significant, adverse changes in circumstances and therefore, the continued extension of CUP 03-06 meets the criteria for extension of previously approved conditional use permits, specifically Section 17.96.070 (2) P AMC. F. On call for the question, the motion passed 3 - 2 with Commissioners Johnson and Matthews voting in the negative stating the reasons that they spoke of during discussion. Commissioner Johnson was disappointed that there was no real resolution to the issue. Commissioner Matthews was concerned with the testimony provided by established business owners that their businesses were being negatively impacted on a regular basis by the location of the Market in Laurel Street. There is a better place for the activity within the Downtown. Approval should not be because of an ultimatum. . Due to the lateness ofthe hour (beyond 10 p.m.), Commissioner Wharton moved to continue with agenda items. The motion was seconded by Commissioner Kalish and passed 5 - O. CONTINUED PUBLIC HEARING: PLANNED RESIDENTIAL DEVELOPMENT and PRELIMINARY SUBDIVISION PROPOSAL. GREEN CROW. Campbell Avenue: A preliminary subdivision on property zoned Residential High Density and Residential Single Family that includes a planned residential development. Staff noted that, because of the lengthy agenda, the applicant agreed to extend this issue to the December 14,2005, regular meeting. Chair Pro Tern Snyder opened the public hearing. Commissioner Wharton moved to continue the public hearing to December 14, 2005. The motion was seconded by Commissioner Kalish and passed 5 - O. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS . None . . . Plannmg CommiSSIOn Mmutes November 9,2005 Page 15 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 11 :30 p.m. -- PREPARED BY: S. Roberds · ~ORT.ANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: ,,/q/~ , To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you 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. Agenda Item No. .- ~ · ~ORTA.NGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: 11/7/0{' , , To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you 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. . f? PA- _____ .rt p Pr Agenda Item No. sr- FA1 S7. It · ~ORTA.NGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET FLEASE SIGN IN ocr ~~ - Meeting Agenda of: '/)/ 2o~ To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you 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. Agenda Item No. } I ~ORT.ANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN Meeting Agenda of: To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you 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. . C: \My Files\FORMS\Mtgrostpc. wpd