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HomeMy WebLinkAboutMinutes 11/14/2001 l..~ _.~-,. . . FORT,ANGELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street November 14, 2001 I. CALL TO ORDER 7 p.m. II. ROLLCALL III. APPROVAL OF MINUTES: Meeting of October 24,2001. IV. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 01-10 - SERENITY HOUSE~ 2321 West EieJlteenth Street: Request for a conditional use permit to allow a social service agency providing 24-hour care for a 50 - 70 resident emergency single adult shelter in the RMD~ Residential Medium Density zone. (This item was continued from the October 10, 200 I ~ regular meeting. It will be necessary to continue the issue until the November 28 or December 12 meeting. ) PUBLIC HEARING: CONDITIONAL USE PERMIT - CUP 01-11- GERTIE'S FARMERS MARKET. 1016 East First Street: A request to allow a farmers market use in the Commercial Arterial zone. V. COMMUNICATIONS FROM THE PUBLIC VI. ST AFF REPORTS VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter PLANNING STAFF: Brad Collins, Planning Director; Sue Roberds, Planning Specialist. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 November 14, 2001 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred N9rton, Linda Nutter, Fred Hewins, Chuck Schramm, Mary Craver Members Excused: Rick Porter Staff Present: Sue Roberds, Ken Dubuc Public Present: Cindy Kochanek, Gertrud Rohrbach, Burdette Greeny, Lily Thomson, Joan Daman, Don Dauran, Beverly Sellers, Brian Gawley APPROVAL OF MINUTES Commissioners Philpott and Nutter noted that on page 3, third paragraph from the bottom, second to the last sentence should read "Without these issues beine addressed~ ...". It was also noted that Commissioner Porter was present at the October 24th meeting, and there are no vacancies. Commissioner Hewins moved to approve the minutes as corrected. The motion was seconded by Commissioner Philpott and passed 5 - 1 with Commissioner Craver abstaining due to absence from that meeting. CONTINUED PUBLIC HEARING: Chair Nutter indicated that those who wish to testify before the Planning Commission must sign in and acknowledge that their testimony will be truthful to the best oftheir knowledge. CONDITIONAL USE PERMIT - CUP OJ-I0 - SERENITY HOUSE. 2321 West Eighteenth Street: Request for a conditional use pennit to allow a social service agency providing 24-hour care/emergency single adult shelter in the RMD, Residential Medium Density zone. (This item was continued from the October 10, 2001, regular meeting.) Chair Nutter noted that the issue had been continued from the October 10, 2001, regular meeting to November 14th so that the City Council could act on a pertinent rezone for the property. Planning Specialist explained that the Council had not been able to reach a decision on the rezone application at its November 6th meeting and had continued that deliberation to November 20th. It will be necessary to further continue the conditional use pennit action at this time to either the Commission's November 28th or December 12th. Chair Nutter opened the continued public hearing. . . . Planning Commission Minutes November 14, 2001 Page 2 There being no one present to testify, Commissioner Hewins moved to continue the public hearing to December 12, 2001, 7 p.m., Council Chambers. The motion was seconded by Commissioner Philpott and passed 6 - O. CONDITIONAL USE PERMIT - CUP 01-11 - GERTIE'S FARMERS MARKET~ 1016 East First Street: A request to allow a farmers market use in the Commercial Arterial zone. Planning Specialist Sue Roberds reviewed the Planning Division's staff report recommending approval of the requested conditional use permit with conditions. Chair Nutter opened the public hearing. Cindy Kochanek, 335 Alpine, Port Angeles, represented the applicant and stated that she spoke to surrounding property owners about the proposal. In her opinion, surrounding property owners are in favor of the use and noted enthusiasm regarding the activity in that it could attract more walk-in customers to their businesses as well. In searching for a new site at which to locate, members of the market were concerned about adequate parking and better visibility than where the market has been located at the northwest comer of Chase and Eighth Streets. The proposed location offers an abundance of parking and is more visible, and can be better contained. In response to Commissioner Schramm, Mrs. Kochanek indicated that they did not inquire at Skipper's Restaurant for restroom availability due to the nature of the use. They felt it would be an intrusion to ask to use the,restroom facilities without being a customer. Business owners in the vicinity that offered their restroom facilities believe that the market may draw some business to their operations. If customers choose to eat at Skipper's Restaurant, they could use the restroom facilities there as a customer of that use. In response to Commissioner Hewins, Mrs. Kochanek stated that they inquired as to the use of a porta potty, but the expense is more than can be afforded. The market basically is non-profit in operation with monies going to the joint operation ofthe use. Commissioner Hewins asked if there is a concern with patrons or vendors crossing East First Street to use the restroom facilities that have been offered, which are all located on the north side of East First Street. Mrs. Kochanek noted that most of customers do not use the restroom during their visit as they don't stay long. Vendors are prepared to be very careful. There being no further testimony, Chair Nutter closed the public hearing. Following discussion between Commission members regarding safety issues, Commissioner Philpott moved to approve the conditional use permit with the following 6 conditions supported by 16 findings and 4 conclusions in support of the action: Conditions: 1. Approval of CUP 01-03 shall be valid for an initial one (l)year and may be extended by the City Department of Community Development upon satisfactory review by the Planning Commission of the conditions of approval and operation of the Market. . . . Planning Commission Minutes November l4. 200/ Page 3 2. Products to be sold shall be limited to those items that are either baked, made, or grown by the vendor. The use is not intended to evolve into a street fair and shall be limited to those uses described in the applicant's application and elaborated upon in the staff report dated November 14,2001 for CUP 01-11. 3. Musicians, a petting zoo, or resale activities have not been considered in this analysis and are not part of this pennit approval. 4. Compliance with State and County requirements for the handling and sale of food and/or food products is required. The site manager shall be responsible for ensuring that these license needs are met prior to market activities. 5. Sanitation facilities shall be provided according to State and County health code requirements and as proposed by the applicant. The use of at least one of the proposed sites - the Maytag Laundry, Race Street Car Wash, and Ace Equipment (all located on East First Street) - is required for continued operation of the activity. 6. Trash shall be removed from the site. The use oflocal trash receptacles is not pennitted. Findings: 1. A conditional use pennit application was submitted on October 2,2001 to operate a farmers market use in the Commercial Arterial zone at 1016 East First Street. 2. The request for a conditional use permit is to allow the operation of a weekly farmers market where local fanners and artisans can sell their goods to the public. The proposed location is vacant property located at 1016 East First Street. The applicant has indicated that approximately 75 vendor spaces are available, however, verbal information from the applicant's representative indicates that a maximum of 40 vendors are anticipated during peak season. 3. The applicant has operated a fanners market activity at location in the Corrummity Shopping District for approximately the past 24 years. The City has not received any complaints about that operation. 4. Farmers markets are a popular community activity and are widely supported. Distinction as to what products may be sold at the proposed farmers market has been identified by the applicant's representative as those goods which are either baked, made, or grown by the vendor. The application does not propose the resale of items or other more typical street fair activities. The intent is to aid local farmers and artisans. 5. Environmental health and sanitation requirements for hand washing and restroom facilities are addressed by the applicant by the provision of letters of approval from three nearby established business uses - the Maytag Laundry, Ace Equipment, and Race Street Car Wash- that have offered the use of their restroom/sanitation facilities during operation periods of . . . Planning Commission Minutes November 14,2001 Page 4 the proposed market use. These business uses are located either directly across East First Street from the site or within 240 feet to the west (Race Street Car Wash) of the location. 6. The subject property consists of six lots equaling approximately 31,500 square feet in area. Dimensions of the site are 2251 x 140'. A second property containing 10,485 square feet and measuring 46' x 225' in dimension is also included in the application and could be used for overflow parking if needed. The additional site has historically been associated with the subject property as an overflow parking area and is located adjacent to the main site south of the alley (see attached site map). Both properties (total of 41,985 square feet) are covered with impervious surface material. 7. Proposed parking areas are striped and partially bumpered and will allow for 82 vehicles. A transit bus stop is located adjacent to the main property along East First Street. 8. Surrounding uses north, east and west along East First Street are all commercial in nature with a multiple dwelling unit apartment complex located south of the site along Chambers Street and other residential uses extending south and west along Second Street to Race Street. The City's Civic Field use is located in this southwest location as well. 9. Access to the site will be by way of East First Street which is a State Highway (101) and is designated as a principal arterial street within the City. Access could also occur from Washington Street which borders the site to the west and is a neighborhood street. 10. The City's Comprehensive Plan has been reviewed with respect to the application. The following goals and policies are relevant to the proposal: Land Use Element Goal A, Policy A.I., and A2.; Commercial Goals and Policies Goal D., Policy 0.1., and Goal E.; Economic Development Element Goal A, Policy AI, A2, and B.6. II. The purpose of the CA, Commercial Arterial zone is to create and preserve areas for business serving the entire City and needing an arterial location because ofthe nature of the business or intensity of traffic generated by the business. Although farmers markets are not listed as a permitted or conditional use in the CA zone, the various segments of sales represented by vendors in a fanners market would be individually permitted uses in the CA zone if they were located within structures. The market atmosphere is a variation of a typical business activity which would otherwise be pennitted in the CA zone. Section 17.23.160(0) of the PAMe allows for "Other uses compatible with the intent of the zone." 12. Fanners markets are not specifically mentioned in the City's Parking Ordinance. The most similar use would be grocery/retail which requires 1 space per 300 square feet of floor area and is normally conducted within a structure. The market area would utilize approximately 14,000 square feet ofthe entire area with the remaining area designated for parking Using the stated parking ratio, 47 parking spaces would be required for the vendor use. A remaining 35 parking spaces would then be available for customers. 13. The City's SEPA Responsible Official issued a Determination of Nonsignificance on November 8, 2001. This action satisfies the City's responsibility under the State Planning Commission Minutes November U, ZOOI Page 5 . Environmental Policy Act (SEP A). 14. The Maytag Laundry, Ace Equipment, and Race Street Car Wash businesses are all located north of East First Street in this area. All of those business owners have agreed by written permission to allow the use of restroom/sanitation facilities for the proposed market use. 15. The City Police, Public WorkslUtilities, and Building Division ofDCD had no objections to the proposal.. 16. Legal publication appeared in the Peninsula Daily News per PAMC 17.96.140 on October 18,2001, with public notice mailed to property owners within 300 feet of the site on October 16,2001. No written public comments were received within the public comment time lines. Conclusions: A. As conditioned, CUP 01-11 is consistent with the goals and policies of the City's Comprehensive Plan, specifically Land Use Element Goal A, Policy A.I., and A.2.; Commercial Goals and Policies Goal D., Policy D.l., and Goal E.; Economic Development Element Goal A, Policy AI, A2, and B.6. B. As conditioned, CUP 01-11 is consistent with the purpose and intent of the Zoning Code, specifically the CA zone. . C. As conditioned, CUP 01-11 will maintain the public interest and general welfare. D. As conditioned, CUP 01-11 complies with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. The motion was seconded by Commissioner Norton and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC Mrs. Gertrud Rohrbach and Beverly Sellers thanked the Commission for their consideration of the conditional use permit - CUP 01-11. STAFF REPORTS REPORTS OF COMMISSION MEMBERS Commissioner Schramm noted that previous concerns about the possibility of a pedestrian/auto collision at the intersection of Francis and East Front Street had unfortunately occurred. With the popularity of the Francis Street park at that location, it is a favored crossing with very little visibility. . He hoped that the City's Engineering Division would take note. . . . Plaf/ning Commissiof/ Minutes November 14.2001 Page 6 Commissioners Norton and Schramm asked why the waterfront trail is not available yet in the area of the Francis Street park. Planning Specialist Roberds did not know but stated that she had been informed the section of trail would be open by now, however, the park may be awhile yet. She will mqUIre. ADJOURNMENT The meeting adjourned at 7:30 p.m. r9'~:~ PREPARED BY: S. Roberds . PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET · FORTANGELBS WAS H I N G TON, U. S. A. Meeting Agenda Of:':f dJ / ~?Zm./ PLEASE NOTE: IE. you plan to testify, by signature below. you certify that the testimo11Y given is true and correct under penalty of perjury by the laws of the State of Washington. Si nature below DOES NOT REQUIRE ou to testi - it on acknowled es our resence. . Agenda Item No. \~ .~ ~ 11 'V <<