Loading...
HomeMy WebLinkAbout123 Eunice Street NE Corner of Eunice/Front CUP 05-05 Streets I P ORT NGEA� E rto" WASH INGTON, U , S. A, NOMA Department of Community & Economic Development TO: Planning Commission FROM: Scott K. Johns DATE: September 28, 2005 RE: Conditional Use Permit - CUP 05-06 APPLICANT: Jamie L. Bautista OWNER: Same LOCATION: 123 Eunice Street-the southeast corner of Eunice and Front Streets REQUEST: Off-site parking in the Commercial Arterial (CA) zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 05-06 with 4 conditions, citing 12 findings and 3 conclusions in support of that action as listed in Attachment A to this staff report. EXISTING CONDITIONS IN AREA: The subject property is located on the southeast corner of the intersection of Eunice and Front Street. Lots in the block measure 140' in depth but tend to vary in width. The subject site is a half lot, 3,501 square feet in area and measures approximately 50' by 70' feet. The property is currently developed with a single-family residential structure that is unoccupied. No environmentally sensitive areas exist on the site. The site is accessed from Eunice Street, which is an improved local access street. No alley access exists. The site is flat and level. The application and site maps are attached as Attachment B. Development in the area is a mix of residential and commercial. The CA zone is primarily commercial, however, residential uses are permitted in the zone. One half block north of Front Street the zoning changes to Residential Single Family (RS-7). DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: ■ The Fire Department had no comments or obJections. ■ The Public Works and Utilities Department had the following comments: 1. Install a catch basin with oil separator"T" in parking lot that drains to existing catch basin at corner. 2. Apply traffic arrows as shown on submitted plan. Appropriate directional signage shall be placed at both the entry and exit points of the parking lot. 3. A 12' opening for driveway as shown is required on both Front Street and Eunice Street. ■ The Building Division of DCED had no comments. Coti'oral ) UP 05-06 Bautista September 2Q Page 2,. '� 'i mj 61 s. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on September 4, 2005,posted on the site on August 31, 2005, and mailed to property owners within 300 feet of the subject property on August 31, 2005. No written comments were received from the public during the public comment period for the proposal that ended September 21, 2005. DEPARTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the proposal, and the references listed in Attachment C were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the Commercial Arterial CA zone are also included in Attachment C to this staff report. The City's Comprehensive Plan and Land Use Map identify the area as being located in the North Central Planning Area and the site is designated Commercial. The site is zoned Commercial Arterial (CA). An off-site parking lot is allowed by conditional use permit in the CA zone (PAMC 17.23.160(H)). The site plan identifies the proposed parking lot as being located directly east of and across Eunice Street from other properties owned by the applicant and operated as a restaurant. Although the intent is to provide additional off-street parking for the restaurant use, if permitted,parking would not be restricted to the restaurant. Currently the site is substandard in size,being 3,501 square feet in area, and therefore too small to accommodate most potential commercial uses. A single-family residential structure with attached garage is located on the site. The structures occupy approximately 1,124 square feet of the site, bringing the existing lot coverage to over 32%. The existing structure is also situated so that a building expansion would intrude into the required setbacks for a residential structure, and therefore no expansion of the structure can be allowed for residential uses. The site currently meets the parking requirement for a residential use, however, a conversion to a commercial use would require additional onsite parking,which the site cannot facilitate given its current development. The house and garage will be removed from the site to make room for the proposed parking lot. In consideration of a conditional use permit application,the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. Consideration is also given to the impacts on traffic patterns, the physical circumstances of the subject property, other uses in the neighborhood, schools, and needed public improvements. PAMC 17.23.230(D) requires that a minimum of one landscape tree, a minimum of 2" in diameter at 4 feet of height, shall be planted for each group of 10 parking spaces. The proposal is for 10 parking spaces and therefore one landscape tree shall be planted in the project area. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on September 21, 2005, per WAC 197-11-355. Attachments: A - Conditions,Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References Conditional Use Permit CUP 05-06 Bautista September 28,2005 Page 3 ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CUP 05-06 Conditions: 1. A demolition permit shall be obtained from the City prior to removal of the existing structure on the subject site. 2. The parking lot shall be developed in substantial conformance with the site plan submitted with the CUP 05-06 application and approved by the Public Works and Utilities Department. 3. At least one landscape tree, a minimum of 2" in diameter at 4 feet of height, shall be located in a landscaped area of the parking area. 4. A drainage plan shall be submitted and approved by the City of Port Angeles Public Works and Utilities Department prior to construction of the parking lot. Findings: Based on the information provided in the Community Development Staff Report for CUP 05-06 dated September 28, 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: I. Jamie Bautista submitted Conditional Use Permit application CUP 05-06 to develop an off-site parking lot in the CA zone. 2. The proposed site includes the north 70 feet of Lot 9, Block 22, Townsite of Port Angeles and is located at the southeast corner of Front and Eunice Streets. 3. The site is zoned Commercial Arterial (CA). Off-site parking lots are a conditional use in the CA zone per PAMC 17.23.160(H). 4. The Comprehensive Plan designates the site as Commercial. Adjacent designations are also commercial, changing to Residential (R) one half block to the north. The site is located in the City's North Central Planning Area. The subject site is located on the south side of Front Street and the east side of Eunice Street. Development in the neighborhood includes predominately commercial uses with residential uses mixed in along the arterial corridor and becomes entirely residential north of the Front/Georgiana Alley. 5. 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. 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 Conditional Use Permit CUP 05-06 Bautista September 28,2005 Page 4 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. 7. Although proposal is intended to provide additional off-street parking for the adjacent restaurant use, the parking can also provide additional parking for businesses within 500 feet of the site. 8. 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. 9. Reviewing City Departmental comments were considered in the review of this application and are reflected in the conditions of approval. The Public Works and Utilities Department will require a catch basin with oil separator "T" in the lot, which is connected to the City's stormwater system, traffic arrows and signage indicating one-way entry and exit from the lot, and a minimum of 12 feet for both the entry and exit driveways. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 6, 2005. Public notice was mailed to property owners within 300 feet of the subject property on August 31, 2005. The site was posted on August 31,2005. No written comments were received as a result of the public notice. 11. A Determination of Non-Significance was issued for this proposed action on September 21, 2005. 12. The Planning Commission opened a public hearing on the proposal at the September 28, 2005 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 05-06 dated September 28, 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, 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 D, and Policies D.1; Land Use Element Goal E; Transportation Element Policy B.14, & 16; and Economic Development Policy B.7. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 3. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). .feL#ILL AUG 3 Q 2005 � .�.rP �nA A A TI<Ntal= - - li I I -APPLICANTirIWWER iNFQRjVIA L N:-: ^1-rr:)F PORT ANGELS I. Applicant: G I 7 S W D ytime Address: *Applicant's representative (if other than applicant): Address: Daytime phone #: �� �� Property owner (if other than applicant): Address: Daytime phone#: PROPERTY INFORMATION: Street address: Legal description: Zoning: LComprehensive Plan designation: Property dimensions: 6D Y I L Property area (total square feet): 1Cz-�f` ri-�.vel vT_ Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): \ PROPOSED USE INFORMATION: Please describe the proposed use: Number of employees: Hours of operation: Number of on-site parking spaces: I D Number of off-site parking spaces: Building area (total square feet of floor area for the proposed activity): SIGNATURES: Applicant: I certify that all of the ab e statements ar true and complete to the best of my knowledge and acknowledge that wilful misreprese on of infdrma�tio will terminate this permit application. I have read this application in its entirety and and r and my that sub ittal will be reviewed for completeness and, if found to complete, will be scheduled a 7e an i mission meeting. be p � � ^3Q ApP licant's Signature ! Date Date Owner's Signature(if othe an applicant): i �-�> i I 1�L PIV 1110 Cz� Y111�n) �. �Q-Da 1.2235 OFF s�T Ec� .123 I4 �EU 1-I I Cbz ,s iUle iC�N.L �s�awrarc� CLALLInIH Com)HTI- a Conditional Use Permit CUP 05-06 Bautista September 28,2005 Page 5 ATTAC'TNMFNT C. COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT OFF- SITE PARKING DEVELOPMENT BY CONDITIONAL USE PERMIT IN THE CA ZONE: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. ,The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Residential Goal A: "To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future." PolicyA.2- "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." The Comprehensive Plan Land Use Map designates the site as Commercial (C). Adjacent designations are also C. As the project would be required to proceed in accord with the established development standards of surrounding commercial uses, the proposed activity would be in compliance with the Plan. Land Use Element Commercial Goal D: "To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. " Policy D.1 - "The City should encourage new and existing commercial developments and businesses which are consistent with the goals and policies of this Comprehensive Plan. " Goal E - "To provide shopping opportunities which meet the needs of all City residents and visitors in safe, usable shopping areas that are compatible with the surrounding area and uses, the environment, and the desired urban design of the City." Transportation Element Policy B.14 - "Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. " Transportation Element Policy B.16 - "Parking requirements should make allowances for shared parking facilities. " Economic Development Element Policy B.7- "The City should support landscaping and detailing of the streetscape at the City's east and west entries." Conditional Use Permit CUP 05-06 Bautista September 28,2005 . Page 6 ?Wring Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Commercial Arterial (CA). The purpose and intent of this zone is: "This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic." Off-site parking is allowed in the CA zone by conditional use permit, thereby preserving the purpose and intent of the RS-7 zone. The proposed development shall comply with development standards set forth by the Zoning Code and can therefore be deemed consistent with the Zoning Code. The purpose of a conditional use permit is defined, as "A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. "The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of 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. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Conditional Use Permit CUP 05-06 Bautista September 28,2005 Page 7 PARKING ORDINANCE PAMC 14.40.060(D) requires 1 off-street parking space per each 125 Square feet of floor area for restaurant uses. The development will provide parking in excess of the amount required by PAMC 14.40. Future developments on the primary use site will be evaluated for parking requirements at the time of development. ORT NGELES illi A S H i N G T 0 N:, U. S. A. � Economic& Community Development. w 43 aR September 29, 2005 t Mr. Jaime Bautista 718 Estes Court Port Angeles;WA 98362 RE: Conditional Use Permit - CUP 05-06. Southeast corner of Eunice and Front Streets Dear Mr. Bautista: - q>'c As you know, following a public Bearing conducted on September 28, 2005,the Planning � Commission approved a conditional use permit to.allow the development of anoff-street parking lot at the southeast corner of the intersection of Front and Eunice Streets per your 4' application to this office. Approval of the conditional use permit is conditioned.as follows: fj.; .. Conditions: 1. A demolition permit shall be obtained from the City prior to removal of the existing structure on the subject site. 2. The parking lot shall be developed in substantial conformance with the site plan kk' submitted with the CUP 05-06 application and approved by the Public Works and Utilities Department: .3. At least one landscape tree, a minimum of.2"in diameter at 4 feet of height, shall be located in a landscaped area of the parking area. A 4. A drainage plan shall be submitted and approved by the-City of Port Angeles Public kt" - - - _ - Works and Utilities Department prior to construction of the parking lot. ns lease don't hesitate to contact this office. If you have "any further questio ,p z Sincerely, F - ;r' Sue Roberds, ssociate Planner Community Development Coordinator _ cc: Building Division files X Phone: 360-4-17-4750/.Fax: 360-417-4711 Website: www.cityofpa.us/ Email: smartgrowth@cityofpa.us 321 .East Fifth Street 7 P.O. Box 1150 - Port Angeles, WA 98362-0217 T WAS H I N G T O N, U . S. A. Department of Community & Economic Development TO: Planning Commission FROM: Scott K. Johns DATE: September 28, 2005 RE: Conditional Use Permit - CUP 05-06 APPLICANT: Jamie L. Bautista OWNER: Same LOCATION: 123 Eunice Street.-the southeast corner of Eunice and Front Streets REQUEST: Off-site parking in the Commercial Arterial (CA) zone. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 05-06 with 4 conditions, citing 12 findings and 3 conclusions in support of that action as listed in Attachment A to this staff report. EXISTING CONDITIONS IN AREA: The subject property is located on the southeast corner of the intersection of Eunice and Front Street. Lots in the block measure 140' in depth but tend to vary in width. The subject site is a half lot, 3,501 square feet in area and measures approximately 50' by 70' feet. The property is currently developed with a single-family residential structure that is unoccupied. No environmentally sensitive areas exist on the site. The site is accessed from Eunice Street,which is an improved local access street. No alley access exists. The site is flat and level. The application and site maps are attached as Attachment B. Development in the area is a mix of residential and commercial. The CA zone is primarily commercial,however, residential uses are permitted in the zone. One half block north of Front Street the zoning changes to Residential Single Family(RS-7). DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: ■ The Fire Department had no comments or objections. ■ The Public Works and Utilities Department had the following comments: 1. Install a catch basin with oil separator"T" in parking lot that drains to existing catch basin at corner. 2. Apply traffic arrows as shown on submitted plan. Appropriate directional signage shall be placed at both the entry and exit points of the parking lot. 3. A 12' opening for driveway as shown is required on both Front Street and Eunice Street. ■ The Building Division of DCED had no comments. Conditional Use Permit CUP 05-06 Bautista • September 28,2005 Page 2 PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on September 4, 2005,posted on the site on August 31, 2005, and mailed to property owners within 300 feet of the. subject property on August 31, 2005. No written comments were received from the public during the public comment period for the proposal that ended September 21, 2005. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Port Angeles Municipal Code were reviewed with regard to the proposal, and the references listed in Attachment C were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the Commercial Arterial CA zone are also included in Attachment C to this staff report. The City's Comprehensive Plan and Land Use Map identify the area as being located in the North Central Planning Area and the site is designated Commercial. The site is zoned Commercial Arterial (CA). An off-site parking lot is allowed by conditional use permit in the CA zone (PAMC 17.23.160(H)). The site plan identifies the proposed parking lot as being located directly east of and across Eunice Street from other properties owned by the applicant and operated as a restaurant. Although the intent is to provide additional off-street parking for the restaurant use, if permitted,parking would not be restricted to the restaurant. Currently the site is substandard in size,being 3,501 square feet in area, and therefore too small to accommodate most potential commercial uses. A single-family residential structure with attached garage is located on the site. The structures occupy approximately 1,124 square feet of the site,bringing the existing lot coverage to over 32%. The existing structure is also situated so that a building expansion would intrude into the required setbacks for a residential structure, and therefore no expansion of the structure can be allowed for residential uses. The site currently meets the parking requirement for a residential use, however, a conversion to a commercial use would require additional onsite parking, which the site cannot facilitate given its current development. The house and garage will be removed from the site to make room for the proposed parking lot. In consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are considered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Uses developed by conditional use permit must remain in continual compliance with the conditions of approval or the use may be revoked. Consideration is also given to the impacts on traffic patterns,the physical circumstances of the subject property, other uses in the neighborhood, schools, and needed public improvements. PAMC 17.23.230(D) requires that a minimum of one landscape tree, a minimum of 2" in diameter at 4 feet of height, shall be planted for each group of 10 parking spaces. The proposal is for 10 parking spaces and therefore one landscape tree shall be planted in the project area. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on September 21, 2005, per WAC 197-11-355. Attachments: A - Conditions,Findings, and Conclusions B -Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References Conditional Use Permit CUP 05-06 Bautista • • September 28,2005 Page 3 ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CUP 05-06 Conditions: 1. A demolition permit shall be obtained from the City prior to removal of the existing structure on the subject site. 2. The parking lot shall be developed in substantial conformance with the site plan submitted with the CUP 05-06 application and approved by the Public Works and Utilities Department. 3. At least one landscape tree, a minimum of 2" in diameter at 4 feet of height, shall be located in a landscaped area of the parking area. 4. A drainage plan shall be submitted and approved by the City of Port Angeles Public Works and Utilities Department prior to construction of the parking lot. Findings: Based on the information provided in the Community Development Staff Report for CUP 05-06 dated September 28, 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. Jamie Bautista submitted Conditional Use Permit application CUP 05-06 to develop an off-site parking lot in the CA zone. 2. The proposed site includes the north 70 feet of Lot 9, Block 22, Townsite of Port Angeles and is located at the southeast corner of Front and Eunice Streets. 3. The site is zoned Commercial Arterial (CA). Off-site parking lots are a conditional use in the CA zone per PAMC 17.23.160(H). 4. The Comprehensive Plan designates the site as Commercial. Adjacent designations are also commercial, changing to Residential (R) one half block to the north. The site is located in the City's North Central Planning Area. The subject site is located on the south side of Front Street and the east side of Eunice Street. Development in the neighborhood includes predominately commercial uses with residential uses mixed in along the arterial corridor and becomes entirely residential north of the Front/Georgiana Alley. 5. 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. 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 Conditional Use Permit CUP 05-06 Bautista • September 28,2005 Page 4 the characteristics of the intended use ld defeat the purpose of the C:ity' S finning regt>latinns. The City's Comprehensive Plan was reviewed for consistency with the proposal. 7. Although proposal is intended to provide additional off-street parking for the adjacent restaurant use, the parking can also provide additional parking for businesses within 500 feet of the site. 8. 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.. 9. Reviewing City Departmental comments were considered in the review of this application and are reflected in the conditions of approval. The Public Works and Utilities Department will require a catch basin with oil separator "T" in the lot, which is connected to the City's stormwater system, traffic arrows and signage indicating one-way entry and exit from the lot, and a minimum of 12 feet for both the entry and exit driveways. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 6, 2005. Public notice was mailed to property owners within 300 feet of the subject property on August 31, 2005. The site was posted on August 31,2005. No written comments were received as a result of the public notice. 11. A Determination of Non-Significance was issued for this proposed action on September 21, 2005. 12. The Planning Commission opened a public hearing on the proposal at the September 28, 2005 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 05-06 dated September 28, 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, 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 D, and Policies D.1; Land Use Element Goal E; Transportation Element Policy B.14; & 16; and Economic Development Policy B.7. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 3. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). Conditional Use Permit CUP 05-06 Bautista • September 28,2005 Page 5 ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT OFF- SITE PARKING DEVELOPMENT BY CONDITIONAL USE PERMIT IN THE CA ZONE: Comprehensive Plan The City's Comprehensive Plan establishes the long range goals and policies of the City. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The site is located in the City's East Planning Area. The Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Residential Goal A: "To guide current and future development within the City in a manner thatprovides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future." PolicyA.2- "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." The Comprehensive Plan Land Use Map designates the site as Commercial (C). Adjacent designations are also C. As the project would be required to proceed in accord with the established development standards of surrounding commercial uses, the proposed activity would be in compliance with the Plan. Land Use Element Commercial Goal D: "To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. " Policy D.1 - "The City should encourage new and existing commercial developments and businesses which are consistent with the goals andpolicies of this Comprehensive Plan. b g P Goal E - "To provide shopping opportunities which meet the needs of all. City residents areas that are compatible with the surrounding and visitors an safe, usable shopping a p g area and uses, the environment, and the desired urban design of the City." Transportation Element Policy B.14 - "Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. " Transportation Element Policy B.16 - "Parking requirements should make allowances for shared parking facilities. " Economic Development Element Policy B.7- "The City should support landscaping and detailing of the streetscape at the City's east and west entries." Conditional Use Permit CUP 05-06 Bautista • September 28,2005 . Page 6 Zoninlgr Ordinance The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan. The Ordinance establishes what types of uses are permitted and where they may be located in the City. It also establishes definitions and minimum design standards for such uses. Any project proposed in the City must be consistent with specific regulations of the zone in which it is located. The Zoning Map identifies the subject property and adjacent properties as Commercial Arterial (CA). The purpose and intent of this zone is: "This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses.with direct access on a principal arterial street and design standards for greater automobile and truck traffic." Off-site parking is allowed in the CA zone by conditional use permit, thereby preserving the purpose and intent of the RS-7 zone. The proposed development shall comply with development standards set forth by the Zoning Code and can therefore be deemed consistent with the Zoning Code. The purpose of a conditional use permit is defined, as "A Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. "The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located." PAMC 17.96.050 specifies procedures for the review and processing of conditional use applications, as follows: 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of 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. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. Conditional Use Permit CUP 05-06 Bautista • September 28,2005 Page 7 PAR"NG ORDINANCE PAMC 14.40.060(D) requires 1 off-street parking space per each 125 Square feet of floor area for restaurant uses. The development will provide parking in excess of the amount required by PAMC 14.40. Future developments on the primary use site will be evaluated for parking requirements at the time of development. NO. 1121 i CITE' OF PORT ANGELES DETERMINATION OF NON SIGNIFICANCE Description of Proposal: The development of an off-site parking lot containing 10 parking spaces in the Commercial Arterial (CA) zone. Location of Proposal (including street address, if any): Southeast corner of Front Street and Eunice Street. i APPLICANT: Jamie Bautista Lead Agency: City of Port Angeles The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [ ] This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by at which time the DNS may be retained, modified, or withdrawn. [ ] There is no comment period for this DNS. [X] This DNS is issued per WAC 197-11-355. There is no further comment period. September 21, 2005 Date Marll E. Madsen, Dire for You may appeal this determination to the Port Angeles City Council through the Department of Community&Economic Development, 321 East Fifth Street, Port Angeles, WA, 98362,by submitting such written appeal to the Department no later than October 5, 2005. You should be prepared to make specific factual objections. Responsible Official: Mark E. Madsen,Director,Port Angeles Department of Community& Economic Development, 321 East Fifth Street,Port Angeles, WA 98362, phone (360)417 -4750. Pub: NA Post: NA Mail: 9/21/05 DOE ,LSue Roberds-56066--06 - Pagel From: Ken Dubuc To: Sue Roberds Date: 9/13/05 8:02AM Subject: CUP 05-06 Good morning Sue- The Fire Department has reviewed CUP 05-06, the application by Bautista for off street parking at Eunice and Front Street and we have no comments or objections. Thanks, Ken O T NGELESIL SEP 0 7 2005 �- WAS H t N GTO N, U. S. A. CITY OF PORT ANGELES DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT Date: August 31, 2005 To: �renia Funston,Public Works and Utilities Department Ken Dubuc, Fire Department Tom Riepe,Police Department From: Sue Roberds Associate Planner/Community Develop Fr �' p Coordinator Subject: Conditional Use Permit- CUP 05-01( Bautista-NE Comer of Eunice/Front Street Please.review the attached application for a conditional.use permit to allow an off-street parking lot in the Commercial Arterial zone. Your departmental commentsconditions, orother issues appreciated no later than September 9 2005. would be appy ep Thank you. Attachments 8 W) -r)4 c>>z a r ��h �� � I r i Y Cl S�D W h i� CITY OF PORT ANGELES NOTICE OF POSTING RE. I , JIM LIERLY state that on the day . of 2005, I posted said notice., a true copy of which is eto a tached and made a part hereof pursuant to Section 17 . 9 . 0 o he Port Angeles Municipal Code, as amende on the prop rt pro o ed for a land use action. f 1 AFFIAUJT r Subscribed to me this day of 2005 . S RQ NOTARY PUBLIC fort State of Washington1 n g in Port �_ ��•••. .. B� res t Siory E �s kA . Angeles . i •U O 1/'y/4 u+• A UDL\V F•WASH CITY OF PORT ANGELES NOTICE OF MAILING RE:� 1, Sue Roberds state that on the-&day of 20051 1 mailed said notice, a true copy of which is hereto attached and made a part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons on the attached list. In addition, the notice was posted on the bulletin board in the main lobby ofV all. AFFIA Subscribed to me this j_ day of%0(oQ SS 2005. NNE (T;= ao7ARy'y9M NOTARY PUBLIC for the State of Ei MAR. t,2008 Washington, residing in Port Angeles. G �p CITY OF PORT ANGELES PUBLIC NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on August , 2005, the City of Port Angeles received a request to allow the development of an off-street parking lot in the Commercial Arterial zone. Interested parties are encouraged to comment on the proposal and may request a copy of the decision once it's been made. Written comments regarding the proposed action must be received by the City no later than September 19, 2005,in order to be included in the staff report. Additional comment will be accepted at the public hearing that will be conducted by the PORT ANGELES PLANNING COMMISSION on SEPTEMBER 28, 2005, 6 p.m., City Hall. Information may be reviewed at the City Department of Community& Economic Development, City Hall, 321 East Fifth Street, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non significance (DNS) will be issued for the proposal following the required review period, which will expire on September 19, 2005,per WAC 197-11-355. APPLICANT: JAIME BAUTISTA dba Fiesta Jalisco LOCATION: Northeast corner of Eunice/Front Streets For further information contact: Sue Roberds, (360) 417-4750 PUB: 9/4/05 POST: 8/31/05 MAIL: 8/31/05 T:\NOTICES\Combopublichearingfiesta.doc 0 �,� PARCEL# FIRST NAME LAST NAME ADDRESS CITY STATE ZIP road 063000514010 ANTHONY/CYNTHIA INGERSOLL P O BOX 2102 PORT ANGELES WA 98362 063000514005 RANDY K/HOLLY MICHALSCHECK 183 MILES RD PORT ANGELES WA 98362 063000514060 DAVID JOHN KANTERS TRUST 621 E FRONT ST PORT ANGELES WA 98362 063000514000 KEVIN/DARCY RUBLE 636 GEORGIANA ST PORT ANGELES WA 98362 063000514070 JOHN/LINDA RIGG 141 PATRIOT WAY SEQUIM WA 98382 063000513950 LILLIAN BERG 704 GEORGIANA ST PORT ANGELES WA 98362 063000514075 BURTON B/ROSA PIERCE TTE 115 W 11TH ST PORT ANGELES WA 98362 063000514080 WILLIAM ELTON 154 STRAIT VIEW DR PORT ANGELES WA 98362 063000513940 LANE ROWLAND 520 W 16TH ST PORT ANGELES WA 98362 • 063000513945 LINDA DURST 3447 NE LINCOLN RD POULSBO WA 98370 063000513935 ADRIAN RIPLEY 714 GEORGIANA ST PORT ANGELES WA 98362 063000513930 CARL/MARIANNE CASE TTE 816 LENLOCK DR SE HUNTSVILLE AL 35802 063000512130 SHAWN /JERI HANKINS 1371 3 CRABS RD SEQUIM WA 98382 063000513955 DARREL VINCENT, TTE PO BOX 153 PORT ANGELES WA 98362 063000512120 KARL NELSON 352 VIEW RIDGE DR PORT ANGELES WA 98362 063001706200 PAUL CRONAUER PO BOX 282 PORT ANGELES WA 98362 063000513960 TERRY/JILL NESKE 1444 WABASH ST PORT ANGELES WA 98362 063000512100 PEDRO ARCEO/J LOPEZ BAUTISTA 636 E FRONT ST PORT ANGELES WA 98362 063000513975 GARRETT/DIANA POLITIKA 1534 W 11TH ST PORT ANGELES WA 98363 063000512180 RONALD/LESLIE DIIMMEL TTE 128 DIAMOND VIEW DR PORT ANGELES WA 98363 063000513983 GARRETT/DIANA POLITIKA 1534 W 11TH ST PORT ANGELES WA 98363 063000512235 JAIME BAUTISTA 718 ESTES CT PORT ANGELES WA 98363 063000512190 KHOAN VOANG 633 E 1ST ST PORT ANGELES WA 98362 063000512220 KITSAP BANK PO BOX 9 PORT ORCHARD WA 98366 063000512230 CAROLYN PRIEST P O BOX 844 PORT ANGELES WA 98362 • 063000512215 KITSAP BANK PO BOX 9 PORT ORCHARD WA 98366 063000512200 ROBERT GERMAN JR 3325 E MASTERS RD PORT ANGELES WA 98362 063000512240 RICHARD A/KIMBERLY S MELVIN 703 E 1ST ST PORT ANGELES WA 98362 063000512250 KEVIN PURSLEY 819 W 5TH ST PORT ANGELES WA 98363 063000512245 RICHARD A/KIMBERLY S MELVIN 703 E 1ST ST PORT ANGELES WA 98362 063000512255 MICHAEL WHOLLY HALLER 63 S ALDER LN PORT ANGELES WA 98362 063000512260 LANE WOLFLEY 560 MONROE RD PORT ANGELES WA 98362 063000512280 OLYMPIC VIEW PROPERTIES INC PO BOX 1401 PORT ANGELES WA 98362 063000512270 OLYMPIC VIEW PROPERTIES INC PO BOX 1401 PORT ANGELES WA 98362 o Z 063000512285 WAVEDIVISION III LLC 401 KIRKLAND PARK PL#313 KIRKLAND WA 98033 This list has been compiled from a database that is periodically updated. In order to determine the most recent ownership information, you may check our website at www.clallam.net using the link for Assessors Parcel Search • PCO2 Anthony & Cynthia Ingersoll Randy & Holly Michalscheck David John Kanters Trust PO Box 2102 183 Miles Road 621 E Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Kevin & Darcy Ruble John & Linda Rigg Lillian Berg 636 Georgiana Street 141 Patriot Way 704 Georgiana Street Port Angeles, WA 98362 Sequim WA 98382 Port Angeles, WA 98362 Burton & Rosa Pierce TTE William Elton Lane Rowland 115W 11 th Street 154 Strait View 520 W 16th Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Linda Durst Adrian Ripley Carl & Marianne Case TTE 3447 NE Lincoln Road 714 Georgiana Street 816 Lenlock Drive SE Poulsbo, WA 98370 Port Angeles, WA 98362 Huntsville, AL 35802 Shawn & Jeri Hankins Darrel Vincent TTE Karl Nelson 1371 3 Crabs Road PO Box 153 352 View Ridge Drive Sequim, WA 98382 Port Angeles, WA 98362 Port Angeles, WA 98362 Paul Cronauer Terry & Jill Neske Garrett & Diana Politika PO Box 282 1444 Wabash Street 1534 W 11th Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98363 Ronald & Leslie Diimmel TTE Khoan Voang Kitsap Bank 128 Diamond View Drive 633 E 1St Street PO Box 9 Port Angeles, WA 98363 Port Angeles, WA 98362 Port Orchard, WA 98366 Carolyn Priest Robert German Jr. Richard & Kimberly Melvin PO Box 844 3325 E Masters Road 703 E 1St Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Kevin Pursley Michael & Holly Haller Lane Wolfley 819 W 5th Street 63 S Alder Lane 560 Monroe Road Port Angeles, WA 98363 Port Angeles, WA 98362 Port Angeles, WA 98362 Olympic View Properties INC Wave Division III LLC PO Box 1041 401 Kirkland Park Place #313 Port Angeles, WA 98362 Kirkland, WA 98033 ---- PENINSULA DAILY NEWS A avit of Publication In the Superior Court of the State of Washington for CIallam/Jefferson County. __..........______-------_____-_ ' � - nnvorPonTxmGsLss - PUBLIC NOTICE CITY OF PORT All OF DEVELOPMENT APPLICATION AND NOTICE IS HEREBY GIVEN \ the City of Port Angeles re- ceived a request to allow the development of an off- Istreet parking lot in the --Commercial Arterial zone. Interested parties are en- couraged to comment on quest a copy of the decision once it's been made. Writ- proposed action must be re- deposes and say s: ceived by the City no later 4- than September 19, 2005, t h-04-4 17 --e—t�Jcs­ in order to be included in ;the staff report. Additional a f-F i d a,,/i-!I- f cor an d o n I-,e a o f P e n i T11S u'11a Da i 1.y lcomment will be accepted will be conducted by the h PORT ANGELES PLANNING Hall. Information may be re- t sa-i -c-c-, viewed at the City Depart- ment Of Community & Eco- nomic Development, City f h e Pen i T1 tJ L a Neujs published j.n Hall, 321 East Fifth Street, 14 E9 e S 0 T-1 C D U n-C.3.E-S, a n d had b een approved I Port Angeles. City Hall is accessible to persons with COLFrt o f s a i d 1 a'.1 1 a,ITI/,J EA f r e T,s o n C C.uvr:t y 0 f 4- ties are invited to attend the e meeting POLICY ACT: It is an'ticipat- ' --, «othat » uetennmauv m i ti itnon significance (DNS) will `ano not zn suppm t * ) f id proposal � - - � -' ,' ~ ~~ ^~°�p�p=' ' --~-^' d review period, which will expire on September -19 2005,.per 7-- APPLICANT: wy� � io Angeles.` ' CITY OF PORT ANGELES PUBLIC NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on August 30, 2005, the City of Port Angeles received a request to allow the development of an off-street parking lot in the Commercial Arterial zone. Interested parties are encouraged to comment on the proposal and may request a copy of the decision once it's been made. Written comments regarding the proposed action must be received by the City no later than September 19, 2005, in order to be included in the staff report. Additional comment will be accepted at the public hearing that will be conducted by the PORT ANGELES PLANNING COMMISSION on SEPTEMBER 28, 2005, 6 p.m., City Hall. Information may be reviewed at the City Department of Community& Economic Development, City Hall, 321 East Fifth Street, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non significance (DNS) will be issued for the proposal following the required review period, which will expire on September 19, 2005,per WAC 197-11-355. APPLICANT: JAIME BAUTISTA dba Fiesta Jalisco LOCATION: Northeast corner of Eunice/Front Streets For further information contact: Sue Roberds, (360) 417-4750 PUB: 9/4/05 POST: 8/31/05 MAIL: 8/31/05 T:\NOTICES\Combopublichearingfiesta.doc O • • • SORT` rNGELES �- W A S H I N G T O N, U. S. A. DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT Date: August 31, 2005 AUG 3 12005 & CITY OF P0RT ANGELES To: Trenia Funston, Public Works and Utilities Department Dept.of Community Development Ken ubuc, Fire Department -,Tom Riepe, Police Department From: Sue Roberds, Associate Planner/Community Develop Coordinator Subject: Conditional Use Permit- CUP 05-01C Bautista-NE Corner of Eunice/Front Street Please review the attached application for-a conditional use permit to allow an off-street parking lot in the Commercial Arterial zone. Your departmental comments, conditions, or other issues would be appreciated no later than September 9, 2005. II Thank you. Attachments m "ORT NGELES ►v,`® W A S H I N G T O N, U. S. A. DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT Date: August 31, 2005 To: Trenia Funston, Public Works and Utilities Department Ken Dubuc, Fire Department Tom Riepe, Police Department From: Sue Roberds, Associate Planner/Community Develop Coordinator Subject: Conditional Use Permit - CUP 05-06 Bautista-NE Corner of Eunice/Front Street Please review the attached application for a conditional use permit to allow an off-street parking lot in the Commercial Arterial zone. Your departmental comments, conditions, or other issues would be appreciated no later than September 9, 2005. Thank you. Attachments CITY OF I_ WASH I N G T O N, U. S. A. MEMO August 31, 2005 To: Department of Ecology, SEPA Division DEPARTMENT OF From: Sue Roberds, Associate Planner COMMUNITY& ECONOMIC Subj: SEPA Project Review- Conditional Use Permit DEVELOPMENT Bautista-NE Corner of Albert/Front Street Mark E.Madsen Enclosed you will find a SEPA Checklist submitted in association with a proposal to Director Direct04 establish an off-street parking lot in the City's Commercial Arterial zone. The notice 417-48 of development application and environmental checklist are being forwarded to you Nathan West under the WAC 197-11-355 optional review process. The City will not issue a Principal Planner threshold determination for 15 days from the mailing of this notice. This may be your 417-4751 only opportunity to comment on potential impacts of the application. Sue Roberds, Associate Planner Please forward your comments to the City Department of Community & Economic Community Development Development, P.O. Box 1150, Port Angeles, Washington, 98362, no later than Coordinator September 21, 2005. Please don't hesitate to contact this department if you have any 417-4750 questions. Scott Johns, Associate Planner Thank you. 417-4752 Jim Lierly Sue Roberds, Associate Planner Community Development Coordinator Enclosures I Cte APPLICANVOWNER INFORMATION: AUG 10 2005 �� CITY Co PORT ANGELES 1 Dept.of Community Development Applicant: \ �. �_. , -- Address: �S C2A_�JU ytime p on #: y,� SZ sc� -00 --r *Applicant's representative (if other than applicant): &11ti Address: PULBDY ULe 'WA Daytime phone#: 447- /5- Property 5Property owner (if other than applicant): Address: Daytime phone#: PROPERTY INFORMATION: Street address: Legal description: 1� L-� 22 TPA Zoning: I��� Comprehensive Plan designation: Property dimensions: S' Property area (total square feet): �r Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): iccr , &e_V _ PROPOSED USE INFORMATION: Please describe the proposed use: EM P^Il i r10 lot Number of employees: -( - Hours of operation: Number of on-site parking spaces: ID Number of off-site parking spaces: Building area (total square feet of floor area for the proposed activity): ice!11/A SIGNATURES: Applicant: I certify that all of the ab a statements er true and complete to the best of my knowledge and acknowledge that wilful misreprese ion of infcrma io will terminate this permit application. I have read this application in its entirety and and r and my that u ittal will be reviewed for completeness and, if found to be complete, will be scheduledan r mission meeting. Applicant's Signature Date D1� _3Q �0 i // Owner's Signature (if othe tanpplicant): Date .. . . a -� . �_ , `��� � _ �,_ ����r��� fl t) Q � rr� oto _ I � r 0 o = VJO i/Ilk, fib' s 1'� iJ u,r b V �� w