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HomeMy WebLinkAbout123,125 East Front Street 123 &125 East Front Street CUP 09-05 ORT . NGELEyFILE. WASH INGTO N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC OEVELOPMENT TO: Planning Commission FROM: Scott K. Johns,Associate Planner DATE: August 12, 2009 RE: Conditional Use Permit- CUP 09-05 APPLICANT: City of Port Angeles Richard Bonine, Deputy Director of Recreation OWNER: City of Port Angeles LOCATION: Northwest corner of Lincoln Street and Front Street in downtown Port Angeles REQUEST: Allow various uses, including community gatherings,.festival events, public markets,private parties, and trade shows to occur in the Gateway Plaza area on a regular basis. RECOMMENDATION: The Planning Division recommends that the.Planning Commission approve CUP 09-05 with 2 conditions, citing 17 findings and 4.conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located at the northwest corner of Lincoln Street and Front'Street in downtown Port Angeles. Lots in the block measure 290 feet north to south; as no alley divides he-block,,and-the Jots-vary in width throughout the block. The„subject portion of the property is developed with restrooms, landscape planters, a clock tower, and a covered area designed for the purpose of facilitating gatherings and activities. The plaza is constructed over a parking area providing covered parking. To the west of the structure is a transit lane where busses transfer passengers. A two level parking structure is located adjacent to the transit lanes on the west. The site is accessed by foot from Front Street, Lincoln Street, or Railroad Avenue. Parking in the two level structure is accessed from either Railroad Avenue or Front Street and parking below the Plaza is accessed from Railroad Avenue. Service access to the Plaza is located on Lincoln Street. The site (the plaza floor) level, while other sections of the complex are sloped to varying degrees. The property contains no environ.znentally sensitive areas. The application and site maps are attached as Attachment B. MOM CUP'09,OS G ewa laza Page 2 �y= �Aukust 200 Other structures and land uses in the Downtown area are typical of such areas and contain commercial structures of one or two stories, with a three story hotel/restaurant located at the west end of the block and several public parking lots including those previously described. Uses include lodging, dining, retail stores, banks, galleries; and a visitor center. A city park and public. pier, the Waterfront/Discovery Trail, and the Port Angeles Harbor waterfront provide other recreational uses. Two ferries providing service to Victoria BC operate from the north.side of Railroad Avenue. DEPARTMENT COMMENTS: The Public Works and Utilities Department is the project proponent and provided application information. The Building Division of DCED inspected the area during construction. The plaza was constructed,with the expectation that public gatherings would occur. The area is not enclosed, so exiting is not an issue. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on July 24, 2009, mailed to property owners within 300 feet of the subject property on July 24; 2009 and. posted on the site on July 30, 2009. No written comments were received during the public comment period that ended on August 7, 2009. DEPARTMENT OF COMMUNITY 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 Central Business District 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 Harbor Planning Area and the site is designated as Commercial. The site is zoned Central Business.District. The Gateway plaza area is a portion of a larger developed public transit center. The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area..The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. Event participants and spectators will be allowed to use the lower level public parking area as it is available: Activities such as public gatherings, festivals,open air markets, private parties, and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally,uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose.of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an "Other uses that meet the intent and purpose of the zone" ..... (PAMC 17.24.160.(H)-). The purpose statement for the CBD includes the establishment of"...standards to improve pedestrian access and amenities..." and "...provide the basic urban land use pattern for commercial, mixed 1 CUP 09-05 Gateway Plaza Page 3 August 12,2009 use; and pedestrian oriented uses located in the center of the city." Similar uses, such as auditoriums and public parks and recreation facilities are specifically allowed in the CBD zone. . Activities such as festivals,.street fairs, car shows, and sidewalk sales have been permitted in the past,usually by Right of Way Use Permit. These activities are similar in nature to the proposed use but did not occur in a fixed location. In contrast, the plaza area is intended to provide a consolidated location but not necessarily be a confined structure,.e.g, it has no walls. If activities extend beyond the limits of the plaza area into the public right-of-way, a Right of Way Use Permit will be required. A Right of Way Use Permit requires justification that there is no.other location for the use. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles owned facility that is managed by the City's Parks and Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are being developed by the City. Those specific policies will govern individual activities at the plaza and will be adjusted by City personnel should-issues arise. The Gateway plaza area includes on site public parking. Fifty-three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking.is also provided within the larger Downtown area through the PBIA at several locations. Additional parking or parking at a specific location will not be required for this conditional use permit. 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. The development standards for conditional uses are provided in Table "A" of the Zoning Code which increases the minimum setbacks and lot size 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. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: .A Determination of NonSignificance was issued for this proposed action on August 10, 2009 per WAC 197-11-355. Attachments: A-Conditions,Findings and'Conclusions B - Zoning Ordinance, Comprehensive Plan,and Other Municipal Code References C-Application D Site Map r r CUP 09-05 Gateway Plaza Page 4 August 12,2009 ATTACHMENT A RECOMMENDED CONDITION, FINDINGS, AND.CONCLUSIONS IN SUPPORT OF CONDITIONAL USE PERMIT 09-05 The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-05 subject to 1 condition and based on the following 17 findings and 4 conclusions in support of the action: Condition: 1.. It is the responsibility of the Public Works and Utilities Department Parks and Recreation Division to manage the activities occurring at the Gateway Plaza to.ensure that all policies and rules established for the Gateway Plaza be adhered to during events. Findings: Based on the information provided in the Community Development Staff Report for CUP 09- 05 dated August 12, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works & Utilities Parks and Recreation Division submitted Conditional Use Permit application CUP 09-05 to allow community events, .festivals, concerts and other activities at the Gateway Plaza structure in Downtown Port Angeles on July 27, 2009. 2. The Gateway plaza area is a portion of a larger developed public transit center. The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area. 3. The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial. 5. The proposed site is located at 125 E. Front Street and is located on the northwest corner of Lincoln Street and Front Street. The site is zoned Central Business District, CBD. 6. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is also-located-in--the-City'-s-Har-bor-P--laruaing Area. Develo-.pment..in_the vicinity__includes expected Downtown development, including commercial businesses, recreational, and industrial activities along the Port Angeles Harbor shoreline. 7. The Gateway plaza area includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking'is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. h I t CUP 09-05 Gateway Plaza Page 5 August 12,2009 8. Activities such as public gatherings, festivals, open air markets, private parties,.and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity . meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an"Other uses compatible with the intent of this Chapter." (PAMC 17.24.160.(H)). 9. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles owned facility that is managed by the City's Parks and Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are being developed by the City. Those specific policies will govern individual activities at the plaza and will be adjusted by City.personnel should issues arise. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are.considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal,4 and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Extensions of approved conditional use permits may be granted if the use complies with. the permit conditions and if there have been no significant, adverse changes in circumstances, or the adverse impacts have been adequately mitigated. 14. Reviewing City Departmental comments were considered in the review of this application. 15. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance was issued for this proposed action on August 10, 2009. - - Page 6 CUP 09-05 Gateway Plaza Pa g August 12,2009 17. The Planning Commission opened a.public hearing on the proposal at the August 12, 2009, regular meeting. Conclusions: Based on the.information provided.in the Department of Community Development Staff Report for CUP 09-05 dated August 12, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned,the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E, Land Use Element Goal F and Policies F I and Objective F.3; Transportation Element Goal B, and Policy A14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The proposed use complies with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code and, as conditioned,the proposal is consistent with development standards for other uses compatible with the intent of the CBD zone, sub section 17.24.160(H). 3. The proposal is consistent with requirements for approval of a conditional use permit as + specified in PAMC 17.96.050. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). . i ,s. CUP 09-05 Gateway Plaza Page 7 August 12,2009 ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT CONDITIONAL USE PERMIT CUP 09-05 IN THE CBD 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 Goal A: "To guide current and future development within the City in a manner that provides certainty to itscitizens 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." 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" Goal F: "To provide a pleasant,safe, and attractive shopping environment in the traditional downtown waterfront area which provides a wide variety of shopping, dining, entertainment, arts, culture, and housing opportunities for visitors and residents alike". Policy F.1-"Commercial development in the.traditional downtown should reemphasize its waterfront location and historic heritage, should be oriented to pedestrians and tourists, and should provide maximum enjoyment of the environment and public amenities as well as protection from adverse weather conditions." Objective F.3- "The City will encourage community events such as holiday ceremonies, town gatherings, arts and crafts displays, and special business activities such as a Farmer's Market,particularly in the Downtown". 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." Utilities and Public Facilities Element Goal B- "To support services and facilities through different levels of participation in cooperation with other public or private agencies." Policy B.3- "As a "supporter", the City should promote and cooperate in providing programs and services including.- Economic ncluding:Economic and business development services Tourism information and services • Fine arts • Community recreation P CUP 09-05 Gateway Plaza Page 8 August 12,2009 Goal C- "To provide safe, clean, usable, and attractive public facilities which enhance the cultural, educational, economic, recreational, and environmental attributes of the City. " Policy 5- "The City's park and recreation system should provide a variety of settings and activities suitable to people of all ages,:characteristics, and interests. Economic Development Element Goal A:= "To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base". Policy A..6- "The City should promote in the traditional downtown retail, dining, arts, culture, and entertainment oriented activities that are attractive to both tourists and local residents". Zoning 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 located. The Zoning Map identifies the subject property and adjacent properties as Central Business District(CBD). The purpose and intent of this zone is; 17.24.010 Purpose "This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial, mixed use and, pedestrian oriented uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements." 17.24.160 Conditional Uses. H. Other uses compatible with the intent of this Chapter. CUP 09-05 Gateway Plaza Page 9 August 12,2009 ATTACHMENT D ,111 r � ya i - y, i, f 13. ' n Area of use considered for Conditional Use Permit CUP 09-05, Gateway Plaza area. App1. 40,0 449-05 APPLICANT/OWNER INFORMATION: Aec sol' '7/,,2 7/0 q Applicant: Address: &ys r; Daytimephone#:��/�,c H ;5 Applicant's representative(if other than applicant): Address: Daytime phone#: Property owner(if other than applicant): CA A z S Address: �jO��/ Daytimephone#: /7 PROPERTY INFORMATION: Street address: Legal description: PA I " Zoning: c3 Comprehensive Plan designation: Property dimensions: V��) foo Property area(total square feet): Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): ( vn-,c R E i PROPOSED USE INFORMATION: n Please describe the proposed conditional use: V��i, /V��•��="�' !'���'` Gp jS i I J � Number of employees: z6 Hours of operation: "00 P Number of on-site parlung spaces: Building area (total square feet of floor area for the proposed activity): iy 300 SIGNATURES: Applicant: I certify that all of the above statements are true and complete to the best of niy knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. I have read this application in its entirety and understand that my submittal will be reviewed for completeness. If found to be complete the application will be scheduled for the next available Planning Commission meeting. If npt complete, when requested information has been received the application will be scheduled for the next available meeting. Date - Signature 1-2 2.7- e ' Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date For Staff Use Only: Permit No. Appl. complete Add. Info requested I PORT1�GELES JUL 2 7 2009 Filing Fee: 1350.00 WASHINGTON, U. S. A. Admin. $ 125.00 ` CITY OF PORT ANGELES Qept.of community Development CITY OF PORT ANGELES ENVIRONMENTAL CHECKLIST Purpose of Checklist: Chapter 43.21 C RCW the State Environmental Policy Act (SEPA) requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. The purpose of this review is to provide information to help you and the reviewing agency identify impacts that may result from your proposal and to identify methods to reduce or avoid impacts from the proposal if they exist. The review will help the agency decide whether further information is necessary or whether an environmental impact statement (EIS) is necessary. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Answer each question to the best of your knowledge with the most precise information known. Provide the best descriptions you can. In most cases you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply (N/A). Complete answers to the questions will avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if:you can. If you have problems please ask the City Department of Community & Economic Development employees to assist you. The checklist questions apply to all parts of your proposal, even if you plan to phase them over a period of time or on different parcels of land. If phasing is proposed, please provide that information in Item 11, the description section. Attach any additional information that will help describe your proposal or its environmental effects and include a site map. BACKGROUND 1. Name of project: �Ay. 0 fAJ A. Address or general location of site: z S. C54 5-r r� 2. Name, address, and phone number of applicant: R2 (_%AAz� �3a,,.,N� , 3Z[ c. i; ;+k , P* yrs - NSs 3. Name, address and phone number of contact person if other than applicant: N/A 4. Date checklist prepared: 7-Z7 5. Agency requesting checklist: CITY OF PORT ANGELES 6. Proposed timing or schedule (including phasing, if applicable): A. What is the long term objective of this proposal? �� � Al 41-IL A.,b ,a- co����`� A4CA- r�rL S- B. How does this project relate to long-term plans? y of ��vLr��S�1 �A, (Zi,i��v v r- Environmental Checklist EVALUATION FOR Page 2 AGENCY USE , s 7. Do you have any plans for-future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental'informatidn'you know about that has been prepared, or will be prepared, directly related to this proposal: . . See- -D N s -W- l IQ, 1► 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 5, 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 6#-tcu-1,1 gyp,,; ; /2 c'rtsr r��r S z • PROJECT SPECIFIC ACTIONS: Complete this section if your proposal involves a project specific action such as a subdivision, new construction, a new or expanding business, a site specific rezone (not area-wide), a conditional use permit, a shoreline permit, or similar action: ENVIRONMENT 1. Earth A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other r lr+ �,�,,cry+'c Environmental Checklist EVALUATION FOR Page 3 AGENCY USE B. What is the steepest slope on the site (approximate percent slope)? C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. D.: Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. E. Describe the purpose, type, and approximate quantities of any Filling or grading proposed. Indicate source of fill: F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air A. What types of emissions to the air would result from the proposal - (i.e., dust, automobile, odors; industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. co c ('00as B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. IV C. Proposed measures to reduce or control emissions or other impacts to air, if any: amore 3. Water A. Surface: i.) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into, ii.) Will the project require any work over, in,.or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. iii.) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material: r - Environmental Checklist EVALUATION FOR Page 4 AGENCY USE iv.) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. v.) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. vi.) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. B. Ground: i.) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. ii.) Describe waste material that will be discharged into the Ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing chemicals; agricultural wastes; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. C. Water Runoff(including storm water): i.) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will the water flow into other waters? If so, describe. ii.) Could waste materials enter ground or surface waters? If so, generally describe. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4. Plants A. Check or circle the type of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, water plants: water lily, eelgrass, milfoil, other Other types of vegetation Environmental Checklist EVALUATION FOR Page 5 AGENCY USE B. What kind and amount of vegetation will be removed or altered? C. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. 5. Animals A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other S,a 6-f Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other B. Threatened or endangered species known to be on or near the site. C. Is the site part of a migration route? If so, explain. D. Proposed measures to preserve or enhance wildlife, if any. 6. Energy and Natural Resources A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be. . used for heating,,manufacturing, etc. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. 7. Environmental Health A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur . as a result of this proposal? If so, describe. i) Describe special emergency services that might be required. ii) Proposed measures to reduce or control environmental health hazards, if any. B. Noise i) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? ii) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. iii) Proposed measures to reduce or control noise impacts, if any: i Environmental Checklist EVALUATION FOR Page 6 AGENCY USE 8. Land and Shoreline Use A. What is the current use of the site and adjacent properties? B. Has the site been used for agriculture? If so, describe. C. Describe any structures on the site. D. Will any structures be demolished? If so, what? E. What is the current zoning classification of the site? F. What is the current Comprehensive Plan designation of the site? G. What is the current Shoreline Master Program designation of the site? H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. I: How,many people would reside or work in the completed project? J. Approximately how many people would the completed project displace? K. Proposed measures to avoid or reduce displacement impacts, if any: L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: 9. Housing A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. B. Approximately how many units, if any, would be eliminated? Indicate whether high,middle, or low-income housing. C. Proposed measures to reduce or control housing impacts, if any. 10. Aesthetics A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? B. What views in the immediate vicinity would be altered or obstructed? f Environmental Checklist EVALUATION FOR Page 7 AGENCY USE C. Proposed measures to reduce or control aesthetic impacts, if any. 11. Light and Glare A. What type of light or glare will the proposal produce? What time of day would it mainly occur? B. Could light or glare from the finished project be a safety hazard or interfere with views? C. What existing off-site sources of light or glare may affect your proposal? D. Proposed measures to reduce or control light and glare impacts, if any. 12. Recreation A. What designated and informal recreational opportunities are in the immediate vicinity? B. Would the proposed project displace any existing recreational uses? If so, describe. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. 13. Historic and Cultural Preservation A. Are there any places or objects listed on, or proposed for, national, state, or local.preservation registers known.to be on or next to the site? If so, generally describe: B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. C. Proposed measures to reduce or control impacts, if any: 14. Transportation A. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Environmental Checklist EVALUATION FOR Page 8 AGENCY USE C. How many parking spaces would the completed project have? How many would the project eliminate? D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate either public or private). E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. G. Proposed measures to reduce or control transportation impacts, if any. 15. Public Services A. Would the project result in an increased need for public services(for example?: fire protection, police protection, health care, schools, other)? If so, generally describe. B. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities A. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 17. Economics A. If the proposal will result in expansion of an existing business, please describe the nature of the expansion: (e.g., additional land and/or buildings, new equipment, new employees). B. If the proposal is the creation of a new business, please describe (e.g., re-use of an existing building and site, construction of a new building). C. Describe if the proposal is the first of its type in the community, or what the similar uses are. Environmental Checklist EVALUATION FOR Page 9 AGENCY USE D. How many people will the proposal provide employment for at its completion and what types of jobs will be created (e.g., sales clerks, factory workers, etc.)? (Jobs created by the construction of the proposal should be reported separately.) E. Where will the materials, goods or services utilized by the proposal come from? F. Where will the goods or services produced by the proposal be utilized? G. Who will utilize the goods or services produced by the proposal? H. Will the proposal alter the tax assessments of the area? Environmental Checklist EVALUATION FOR ' Page 10 AGENCY USE ENDANGERED SPECIES ACT (ESA) INFORMATION A. LISTED SPECIES If ESA listed species (salmon, trout, and chars, e.g. bull trout) are present or ever were present in the watershed where your project will be located, your project has the potential for affecting them, and you need to.comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. Within the City of Port Angeles, the watershed is the Port Angeles Harbor. Are ESA listed salmonids currently present in the watershed in which your project will be: Yes X No Has there ever been an.ESA listed salmonid stock present in this watershed: Yes X No Uncertain . Please describe Puget Sound Chinook Salmon, Strait of Juan de Fuca summer chum salmon, and bull trout are listed as threatened species in the Elwha River, Morse Creek, and the Strait of Juan de Fuca including Port Angeles Harbor. [If you answered"yes"to either of the above questions, you should complete the remainder of this section. /f not, skip to Non Project Action Section Page 13] 1. Name of watershed Port Angeles Regional Watershed (Elwha Morse). 2. Name of nearest waterbody 3. What is the distance from this project to the nearest body of water?. (Often a buffer between the project and a stream can reduce the chance of a negative impact to fish.) 4. What is the current land use between the project and the potentially affected water body (parking lot, farmland, etc.)? 5. Is the project above a: ( ) natural permanent barrier (waterfall) natural temporary barrier (beaver pond); ( ) man made barrier (culvert, dam); ( ) other (explain) 6. If.you checked any of the items listed in the above question #5, are there any resident salmonid populations above the blockage? Yes No Don't know 7. What percent of the project will be impervious surface (including pavement and roof area)? B. FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. (Both increases,and decreases to water flow can affect fish migration.) Environmental Checklist EVALUATION FOR Page 11 AGENCY USE 1. Does the project require the withdrawal of: Surface water? Name of.surface water body Ground water? Amount From where? Depth of well 2. Will any water be rerouted? 3. Will there be retention ponds? If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water.body? If a surface water discharge, name of waterbody. 4. Will new roads be required? (Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.) 5. Are culverts proposed as part of the project? 6. Will topography changes affect the duration/direction of runoff flows? If yes, describe: 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? If yes, how will the loss of flood storage be mitigated by your project? C. WATER QUALITY. 1. Do you know of any problems with water quality in any of the streams within this watershed? If so, describe 2. Will your project reduce or increase shade along or over a waterbody? 3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants (fertilizers, other waste discharges, or runoff) to the waterbody? 4. Will turbidity be increased because of the project activities? 5. Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? D. VEGETATION 1. Will the project involve the removal of any vegetation from stream banks? 2. If any vegetation is removed; do you plan to replant? Environmental Checklist EVALUATION FOR Page 12 AGENCY USE NON-PROJECT SPECIFIC ACTIONS: Complete this section only if your proposal involves a non-project specific action such as a Comprehensive Plan Amendment, Zoning Code Amendment, area-wide rezone (City-wide or large sub-area),or other similar action: .When answering these questions be aware of to what extent the proposal or the types of activities likely to result from the proposal would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production.of noise? Proposed measures to avoid or reduce such increases: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to conserve energy and natural resources: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Environmental Checklist EVALUATION FOR Page 13 AGENCY USE Proposed measures to avoid or reduce shoreland and land use impacts: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s): 7. Identify, if possible, whether the proposal may conflict with local, state, or p p P Y federal laws or requirements for the protection of the environment. I, the undersigned, state that to the best of my knowledge, the above information is true and complete. It is understood that the lead agency may withdraw any declaration of nonsignificance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. . SIGNED: i DATE: 7- Z7 - O c7 PHONE: -7 • 1 ORT ANGELES C7 FILE `- W A S H 1 N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: May 12, 2010 RE: Amendment to Conditional Use Permit–CUP 09-05. APPLICANT: City of Port Angeles Recreation Division OWNER: Clallam Transit Authority LOCATION: 125 East Front Street REQUEST: Amendment to permit to expand area of use RECOMMENDATION: The Department of Community and Economic Development recommends that the Planning Commission permit the expansion of the Gateway Pavilion Area as permitted under CUP 09-05 to include the east portion of the Clallam Transit lanes with 1 condition, citing 17 findings and 4 conclusions in support of that action. BACKGROUND: On August 12, 2009, a conditional use permit was issued to allow various uses including community gatherings, festival events,public markets, private parties, and trade shows to occur in the Gateway Plaza area within the Gateway Transit Center in the City's Central Business District on a regular basis. The current request is to expand the use area to include the entire Transit Center area. The Clallam Transit Authority is the underlying property owner. An agreement exists between the City and Transit that allows the City to manage the Plaza area. With approval of Transit, events that are intended for the Plaza area would be pennitted to expand into the Transit operational area. EXISTING CONDITIONS IN AREA: The general subject site is known as the Gateway Transit Center with the covered public gathering area of the Center known as the Gateway Plaza, or pavilion area. The site is located at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles with the site extending between Front Street (south) and Railroad Avenue (north). General site Amendment to Conditional Use Permit CUP 09-05 City of Port Angeles Gateway Plaza 1*:»i 4a 1Q 9'd I*0 LVI Page;2`' $0 � k development includes amenities associated with a public transit use and include bus lanes, restrooms, landscape planters, a clock tower, and a covered plaza area where public gatherings and activities are expected. The covered plaza area is constructed over a public parking area with a public parking structure abutting the center on the west. The site does not contain environmentally sensitive areas. A site map is included as Attachment B to this staff report. DEPARTMENT COMMENTS: Reviewing City Departments had no concerns with the proposed amendment. PUBLIC COMMENT: The site was posted with notices of the intended action sent by U.S. Mail to property owners within 300 feet of the site on April 22, 2010. Publication also appeared in the Peninsula Daily News on April 25, 2010. No written comments have been received. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for the initial application process on August 10, 2010. Review of that environmental review document was conducted in consideration of the amendment and was found to satisfy the City's responsibility under the State Environmental Policy Act (SEPA). There are no significant changes to the original proposal other than to allow expansion of the use within the property boundaries with approval of the property owner. ANALYSIS: The Gateway Center is a public transit facility owned by Clallam Transit. The covered Plaza area of the site is operated by the City's Recreation Division through an agreement with Transit. Because open air uses are not specifically permitted in the Central Business District, conditional use of the site was permitted under Conditional Use Permit CUP 09-05 in August, 2009. The permit allows public gatherings, festivals, open air markets, private parties, and trade shows within the approximately 11,000 sq.ft. covered area known as the Plaza or Pavilion area. Conditional Use Pen-nit CUP 09-05 was originally considered to include only the Plaza area separate from the transit lane area west of the Plaza. However, as the Transit lanes are used six days each week by Clallam Transit busses, it has become apparent that there may be opportunities to expand uses permitted within the Plaza to areas exterior to the covered area during those times when Transit does not use the bus lanes. Expanded activities would be permitted secondary to the function of the Transit Authority, and would require approval of Transit. The City will coordinate closely with Transit such that there will be no conflicts in uses. However, with approval of Transit, expansion of the area should be of benefit to the public users of the site Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit per PANIC 17.24.160.(H). The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The Gateway Plaza area includes on-site public parking. Fifty-three (53) on-site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Additional parking or parking at a specific location will not be required for this conditional use permit expansion of use. The expanded use area will be permitted only during periods when either the Transit lanes are not operational or in areas specified by Transit such that conflict with the primary use of the center does not occur. Site activity will not conflict with surrounding uses as parking is.provided either on site or within the Downtown Parking Business Improvement Area. Attachments: A - Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code Amendment to Conditional Use Permit CUP 09-05 City of Port Angeles Gateway Plaza May 12,2010 Page 4 ATTACHMENT "A" RECOMMENDED CONDITION, FINDINGS, AND CONCLUSIONS Condition: 1. The City's Public Works Recreation Division will manage activities occurring at the Gateway Plaza area to ensure that all policies and rules established for the Gateway Plaza be adhered to during events and may allow expansion from the covered Plaza area to other areas of the site with prior approval of the property owner, Clallarn Transit. Findings: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works & Utilities Recreation Division requested that the activity area permitted by Conditional Use Permit CUP 09-05 be amended to include areas outside of the covered portion of the Gateway Transit Center known as the Plaza on April 20, 2010. 2. The east, covered, open air portion of the Gateway public transit center is commonly known as the Plaza. The site is situated at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles and is addressed as 125 East Front Street. 3. The Gateway Transit Center is owned by the Clallarn Transit Authority with the Plaza area managed by the City of Port Angeles under agreement with Transit. Transit busses operate six days in the transit lane area of the property. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial and include business as well as recreational opportunities. 5. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is located in the City's Harbor Planning Area. 6. The Gateway Transit Center includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. 7. Uses that are not permitted outright by the Municipal Code in a particular zone can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Use of the covered, open air portion of the Transit Center known as the Plaza for community functions and recreational activities was found to be in compliance with the City of Port Angeles Zoning Ordinance and Comprehensive Plan under Conditional Use Permit CUP 09-05. 8. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles operated facility that is managed by the City's Recreation Division. Specific policies for use, operation, fees, etc. for the Plaza area are the responsibility of the City. Those specific policies govern individual activities at the plaza and will be adjusted by City personnel should issues arise. Use of the site should not negatively impact surrounding business or the general area nor detract from presentation of the area as a desirable location to visit. 9. The past year of operation of the Plaza area by various groups has indicated a desire to expand use of the Plaza functions to either the east portion of the Transit Center coordinating with Transit use of the site, or during those times when the transit lanes are not in operation, in coordination with the Transit Authority. Expanded use of the transit site as proposed could serve as a desirable draw of customers to the general Downtown area which would prove beneficial to businesses within the Downtown and enable greater public use of public spaces within the Downtown. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use pen-nit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Minor amendment to approved conditional use permits may be granted by the Director of the Department of Community and Economic Development if the use is not considered to exceed the initial approval threshold by more than 10%. In cases where the activity is considered to exceed the threshold, amendment may be considered per 17.96.070 PAMC under the standard conditional use permit processing requirements. The current amendment was processed per the standard conditional use permit process to consider the entire site to accommodate a wide variety of activities at this time rather than have many future reviews of small expansion areas. Ultimate use of the site must comply with pen-nit conditions for the conditionally permitted activities. Amendment to Conditional Use Permit CUP 09-05 City of Port Angeles Gateway Plaza May 12,2010 Page 6 14. Reviewing City Departmental comments were considered in the review of this application. There is no indication that current use of the site is in conflict with the original permit approval condition. The only change requested or anticipated is expansion of the use area within the property boundaries. 15. Notification of the proposed action and conditional use permit application appeared in the Peninsula Daily News on July 24, 2009. Public notice was.mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance (DNS) was issued for the initial use on August 10, 2009, and serves as the environmental review document adopted for the proposed amendment. 17. The Planning Commission conducted a public hearing on the proposed amendment at its May 12, 2010, regular meeting. Conclusions: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, 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 concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The approved public use of the site is in compliance with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code (PAMC) and, as conditioned, the amendment is consistent with development standards for uses compatible with the intent of the CBD zone per 17.24.160(H)PAMC. 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and with amendment of a conditional use permit per 17.96.070 PAMC. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES,AND OBJECTIVES 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 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 fitture." Policy A.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." 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" Goal F. "To provide a pleasant, safe, and attractive shopping environment in the traditional downtown waterfront area which provides a wide variety of shopping, dining, entertainment, arts, culture, and housing PP ortunities o .for visitors and residents alike". Policy F.1-"Commercial development in the traditional downtown should reemphasize its waterfront location and historic heritage, should be oriented to pedestrians and tourists, and should provide maximum enjoyment of the environment and public amenities as well as protection from adverse weather conditions." Objective F.3- "The City will encourage community events such as holiday ceremonies, town gatherings, arts and crafts displays,.and special business activities such as a Farmer's Market,particularly in the Downtown". 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." Utilities and Public Facilities Element Goal B- "To support services and facilities through different levels of participation in cooperation with other public or private agencies." Policy B.3- "As a "supporter", the City should promote and cooperate in providing programs and services including: • Economic and business development services • Tourism information and services • Fine arts • Community recreation Goal C- "To provide safe, clean, usable, and attractive public facilities which enhance the cultural, educational, economic, recreational, and environmental attributes of the City. " Amendment to Conditional Use Pennit CUP 09-05 City of Port Angeles Gateway Plaza , May 12,2010 Page 8 Policy S- "The City's park and recreation system should provide a variety of settings and activities suitable to people of all ages, characteristics, and interests. Economic Development Element Goal A — "To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base". Policy A.6— "The City should promote in the traditional downtown retail, dining, arts, culture, and entertainment oriented activities that are attractive to both tourists and local residents". Zoning 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 Central Business District(CBD). The purpose and intent of this zone is: 17.24.010 Purpose "This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial, mixed use and,pedestrian oriented uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements." 17.24.160 Conditional Uses. H. Other uses compatible with the intent of this Chapter. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Pen-nit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Pennit, the Planning Commission shall give public notice, as provided in PANIC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission's decision shall be final unless appealed to the City Council. 17.96.070(F). Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Department of Community and Economic Development a minor amendment may be made to an approved conditional use permit if: a.. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use pen-nit procedure. ' Amendment to Conditional Use Permit CUP 09-05 City of Port Angeles Gateway Plaza May 12,2010 Page 10 AMENDMENTTO CUP 09-05 GATEWAY PLAZA r A r �w PROPOSED EXPANSION ` AREA tt I CIO T PLAZA ARE t NGELES 00®s,�� W A S H I N G T O N, U. S. A. Community & Economic.Development Department April 21, 2010 City of Port Angeles Richard Bonine, Deputy Director Recreation Division P.O. Box 1150 Port Angeles, WA 98362 RE: Conditional Use Permit—CUP 09-05' 125 East Front Street-Gateway Dear Richard: As you know, following a public hearing conducted on May 26, 2010, the City's Planning Commission approved an amendment to Conditional Use Permit 09-05 to allow expansion of the activities permitted within the Gateway pavilion area in the City's Central Business District. The use will allow for a greater variety of activities to occur and is intended to increase the public's use of the site when appropriate. The amendment was approved with the following condition: Condition The City's Public Works Recreation Division will manage activities occurring at the Gateway Plaza area to ensure that all policies and rules established for the Gateway Plaza be adhered to during events and may allow expansion from the covered Plaza area to other areas of the site with prior approval of the property owner, Clallam Transit. If we can provide any further information, please don't hesitate to contact this Department. Sincerely, % f` Sue Roberds Planning Manager Cc: Terry Weed, Clallam Transit Phone: 360-417-4750/ Fax: 360-417-4711 Website: www.cityofpa.us/Email: smartgrowth@cityofpa.us 321 East Fifth Street- P.O. Box 1150/ Port Angeles, WA 98362-0217 • 0 Planning Commission Minutes May 26,2010 Page 2 AMENDMENT TO CONDITIONAL USE PERMIT —CUP 09-05—CITY OF PORT ANGELES, 125 East Front Street: Proposal to amend a conditional use permit to allow a variety of public and private recreational uses in the Central Business District in an open air forum. Planning Manager Sue Roberds presented the Department Report and responded to questions regarding the specific aim of the proposed amendment. Manager Roberds indicated that over the past several months of operation, and particularly in good weather, vendors have asked to expand beyond the boundaries of the covered Gateway Pavilion area. Expansion could only occur with permission of the neighboring property owner, Clallam Transit, but could potentially occur during the week, and particularly when Transit is not operating. During the week, there may be an opportunity to allow users of the pavilion area to expand to the eastern sidewalk area of the Transit lanes, with permission of Transit. Chair Matthews reviewed the quasi judicial public hearing procedures for the public and qualified the Commissioners regarding appearance of fairness and conflict of interest matters. All Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. The Chair then opened the public hearing. Richard Bonine, Deputy Director of Recreation for the City of Port Angeles indicated that vendors have asked if it would be possible to expand to adjacent areas,particularly west into the Transit area on occasion. The amendment would allow flexibility in management of the pavilion area when appropriate with the approval of Transit. In response to the fee charged for use of the area, Mr. Bonine indicated that fees are set by a Board and he did not know if the fee would change if additional area is available. Terry Weed, Executive Director of Clallam County Transit, 830 West Lauridsen Boulevard said that the proposal would not affect or cause Transit's activities to be altered. If a use is proposed in an area that does not affect Transit's activities, it could be considered. Each use will be considered individually and will be weighed with respect to its impact on Transit activities. He felt comfortable that, as proposed, additional area west of the pavilion area could likely be used on occasion. If operationally a use area results in a conflict with the main use of the site as a transit facility, it won't be allowed to continue. The Transit Board has adopted a use policy that will address a limitation of use. In response to Commissioner Powers, Mr. Weed responded that bus traffic is less on Saturday (approximately 50%) than other days of the week, and does not operate on Sunday. Following brief discussion as to management of the site, safety issues, and days of use, Manager Roberds noted that management of the site is not an item the Planning Commission should be considering in this conditional use issue. The Planning Commission should focus on the land use issue impacts and whether the proposed use meets with the purpose and intent of the zone in which the use is located—the Central Business District—and leave management of the site to the property owners. Management of a permitted activity is the responsibility of a property owner not the City. Community and Economic Development Director Nathan West stated that although the Farmer's Market had asked to expand the use area when practical, their proposal was to expand to just the sidewalk area west of the pavilion. In thinking through the matter, staff determined it would have been best to simply identify the entire property as a potential outdoor market use area to avoid the need to bring the matter back to the Commission each time there is a i • - Planning Commission Minutes May 26,2010 Page 3 change. The property owner, Clallam Transit, and the management of the pavilion, the City, could then be permitted to work on a management plan for the various activities that may wish to use the site. There being no further testimony, Chair Matthews closed the public hearing. Chair Matthews asked if the proposed amendment is to specifically allow the Farmers Market to expand its Wednesday use. Director West noted that, although the initial proposed amendment request was generated from the Market management, the proposal is aimed at any user of the pavilion, not a particular vendor. Following further discussion, Commissioner Powers moved to approve the amendment as proposed with one condition, citing the following findings and conclusions in support of the action: Condition: 1. The City's Public Works Recreation Division will manage activities occurring at the Gateway Plaza area to ensure that all policies and rules established for the Gateway Plaza be adhered to during events and may allow expansion from the covered Plaza area to other areas of the site with prior approval of the property owner, Clallam Transit. Findings: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval,the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works&Utilities Recreation Division requested that the activity area permitted by Conditional Use Permit CUP 09-05 be amended to include areas outside of the covered portion of the Gateway Transit Center known as the Plaza on April 20, 2010. 2. The east, covered, open air portion of the Gateway public transit center is commonly known as the Plaza. The site is situated at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles and is addressed as 125 East Front Street. 3. The Gateway Transit Center is owned by the Clallam Transit Authority with the Plaza area managed by the City of Port Angeles under agreement with Transit. Transit busses operate six days in the transit lane area of the property. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial and include business as well as recreational opportunities. 5. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is located in the City's Harbor Planning Area. 6. The Gateway Transit Center includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area Planning Commission Minutes May 26,2010 Page 4 through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. 7. Uses that are not permitted outright by the Municipal Code in a particular zone can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Use of the covered, open air portion of the Transit Center known as the Plaza for community functions and recreational activities was found to be in compliance with the City of Port Angeles Zoning Ordinance and Comprehensive Plan under Conditional Use Permit CUP 09-05. 8. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles operated facility that is managed by the City's Recreation Division. Specific policies for use, operation, fees, etc. for the Plaza area are the responsibility of the City. Those specific policies govern individual activities at the plaza and will be adjusted by City personnel should issues arise. Use of the site should not negatively impact surrounding business or the general area nor detract from presentation of the area as a desirable location to visit. 9. The past year of operation of the Plaza area by various groups has indicated a desire to expand use of the Plaza functions to either the east portion of the Transit Center coordinating with Transit use of the site, or during those times when the transit lanes are not in operation, in coordination with the Transit Authority. Expanded use of the transit site as proposed could serve as a desirable draw of customers to the general Downtown area which would prove beneficial to businesses within the Downtown and enable greater public use of public spaces within the Downtown. 10. Per 17.96.050 PANIC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Minor amendment to approved conditional use permits may be granted by the Director of the Department of Community and Economic Development if the use is not considered to exceed the initial approval threshold by more than 10%. In cases where the activity is • Planning Commission Minutes May 26,2010 Page 5 considered to exceed the threshold, amendment may be considered per 17.96.070 PAMC under the standard conditional use permit processing requirements. The current amendment was processed per the standard conditional use permit process to consider the entire site to accommodate a wide variety of activities at this time rather than have many future reviews of small expansion areas. Ultimate use of the site must comply with permit conditions for the conditionally permitted activities. 14. Reviewing City Departmental comments were considered in the review of this application. There is no indication that current use of the site is in conflict with the original permit approval condition. The only change requested or anticipated is expansion of the use area within the property boundaries. 15. Notification of the proposed action and conditional use permit application appeared in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance (DNS)was issued for the initial use on August 10, 2009, and serves as the environmental review document adopted for the proposed amendment. 17. The Planning Commission conducted a public hearing on the proposed amendment at its May 12, 2010, regular meeting. Conclusions: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, 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 concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The approved public use of the site is in compliance with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code (PAMC) and, as conditioned, the amendment is consistent with development standards for uses compatible with the intent of the CBD zone per 17.24.160(H) PAMC. 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and with amendment of a conditional use permit per 17.96.070 PAMC. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). Commissioner Bruch seconded the motion which passed 6—0. CITY OF PORT ANGELES NOTICE OF MAILING 6 RE. I, SUE ROBERDS, state that on the day of 2010, I mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. V2.,Z, AF /ANT Subscribed to me this Z�l—day of �' �� 2010. �i E +���i//' N°T,q 9,. 9 NOTARY PUBLIC for the State of 0310 Washington, residing in Port Angeles . ELIC .f = W A I T/forms/affidavitmailing CITY OF PORT ANGELES NOTICE OF POSTING I JIM LIERLY, state that on the & day of 42PI?J 2010, I posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. r AF ANT Subscribed to me this day of 2010. 1 S•no NOTARYLIC for the State of O� . ..... .......�9 :'•N0TAq`••:0, Washington, residing in Port Angeles EXP. 02.24. _ ,0 2012? _ to: V$Ll �0 AS T/forms/afdavitpostingj im CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on April 20, 2010, the CITY OF PORT ANGELES received an application to EXPAND OUTDOOR RETAIL USE ACTIVITIES in the City's Central Business District from the established public Gateway location west to include the east portion of the Clallam Transit Center. The application was deemed to be complete on April 22, 2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on MAY 12, 2010, in consideration of the conditional use permit application. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than MAY 10, 2010, to be included in the staff report. The application may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, 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 an amendment to the determination of non signficance will be issued for the project following the required review period that ends on May 10, 2010. APPLICANT: CITY OF PORT ANGELES RECREATION DIVISION LOCATION: 123 and 125 East Front Street— Clallam Transit Center/Gateway For further information contact: Sue Roberds, (360) 417-4750 PUB: 4/25/10 POST: 4/22/10 MAIL: 4/22/10 T:\NOTICES\PCpublichearing.wpd Easy Peel e_abels e See Instruction Sheet !� gAVERY@5160@ Use Avtry®TEMPLATE 516015 �Feesper for Easy Peel Feature Property Owner Property Owner Property Owner 129 E. 1 st Street 131 E. 1 st Street 135 E. 1St Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 133 E. 1St Street 129 E. 1 st Street 106 N. Lincoln St. Port Angeles,WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 112 N. Lincoln St. 114 N. Lincoln St. 1.16 N. Lincoln St. Port Angeles, WA 98362 ;Port Angeles,WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 118 N. Lincoln St. 120 N.Lincoln St. 110 Railroad Avenue Port Angeles, UTA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 128 Railroad Avenue 121 Railroad Avenue 221 NT. Lincoln Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles;WA 98362 Clallam Transit Property Owner Property Owner ATTN• Terry Weed 117 N. Lincoln Street 222 N. Lincoln Street 830 W. Lauridsen Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Etiquettes faciles 6 peter A Eonsultez la feuille www.avery.com 1.14iliec�In -.k.0+A%ICRV®ciano Cane 4. LLevJ L-�k?�,vruow rowurow tgoruwoei wuorlsas 3 1t1j I]ouror, Emyftel.tabes Inst u n S�nee2' /�\/ERY®5960® e Use AveryO TEMPLATE! Fee�per for Easy Peel Feafiure� Property Owner 107 E. 1St Street Property Owner Property towner Port Angeles, WA 98362 111 E. 1 Street 117E. 1 Street . Port Angeles, WA 98362 Port Angeles, WA 98362 Property _er Property Owner p23 E. I" Street 109 E. 1 st Street P Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner 117 %E. 1 st Street Property Owner Property Owner Port Angeles, WA 98362 127 E. IS, Street 136 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 114 E.Front Street 116 E. Front Street :118 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles;WA 98362 Property Owner Property Owner Property Owner 118 %2 E. Front Street 122 E. Front Street .124 E. Front Street Port Angeles, WA 98362 Port Angeles,WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 128 E. Front Street 130 E. Front Street 132 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 125 E. Front Street 123 E. Front Street 115 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 port Angeles, WA 98362 Property Owner Property Owner Property Owner 107 E. Front Street 105 E. Front Street 111 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 98362 ?roperty Owner Property Owner Property Owner MI E. Front Street 202 E. Front Street 203 E. Front Street ?ort Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 'roperty Owner Property Owner Property Owner ;04 E. Front Street 208 E. Front Street 128 E. Front Street 'ort Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Etiquettes faciles a peter O Consultez la feuille www.avery.com I.Itiliec-Y Ia naharit AVFRV®rirn@ Cnne rin _------ ...... �.. ...�.... • • CITY OF I P1 ANGELES `- WASH I N GTO N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: May 12, 2010 RE: Amendment to Conditional Use Permit–CUP 09-05 APPLICANT: City of Port Angeles Recreation Division OWNER: Clallam Transit Authority LOCATION: 125 East Front Street REQUEST: Amendment to permit to expand area of use RECOMMENDATION: The Department of Community and Economic Development recommends that the Planning Commission permit the expansion of the Gateway Pavilion Area as permitted under CUP 09-05 to include the east portion of the Clallam Transit lanes with 1 condition, citing 17 findings and 4 conclusions in support of that action. BACKGROUND: On August 12, 2009, a conditional use permit was issued to allow various uses including community gatherings, festival events, public markets, private parties, and trade shows to occur in the Gateway Plaza area within the Gateway Transit Center in the City's Central Business District on a regular basis. The current request is to expand the use area to include the entire Transit Center area. The Clallam Transit Authority is the underlying property owner. An agreement exists between the City and Transit that allows the City to manage the Plaza area. With approval of Transit, events that are intended for the Plaza area would be permitted to expand into the Transit operational area. EXISTING CONDITIONS IN AREA: The general subject site is known as the Gateway Transit Center with the covered public gathering area of the Center known as the Gateway Plaza, or pavilion area. The site is located at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles with the site extending between Front Street(south) and Railroad Avenue (north). General site Amendment to Conditional Use P t CUP 09-05 • City of Port Angeles Gateway Pla May 12,2010 Page 2 development includes amenities associated with a public transit use and include bus lanes, restrooms, landscape planters, a clock tower, and a covered plaza area where public gatherings and activities are expected. The covered plaza area is constructed over a public parking area with a public parking structure abutting the center on the west. The site does not contain environmentally sensitive areas. A site map is included as Attachment B to this staff report. DEPARTMENT COMMENTS: Reviewing City Departments had no concerns with the proposed amendment. PUBLIC COMMENT: The site was posted with notices of the intended action sent by U.S. Mail to property owners within 300 feet of the site on April 22, 2010. Publication also appeared in the Peninsula Daily News on April 25, 2010. No written comments have been received. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for the initial application process on August 10, 2010. Review of that environmental review document was conducted in consideration of the amendment and was found to satisfy the City's responsibility under the State Environmental Policy Act(SEPA). There are no significant changes to the original proposal other than to allow expansion of the use within the property boundaries with approval of the property owner. ANALYSIS: The Gateway Center is a public transit facility owned by Clallam Transit. The covered Plaza area of the site is operated by the City's Recreation Division through an agreement with Transit. Because open air uses are not specifically permitted in the Central Business District, conditional use of the site was permitted under Conditional Use Permit CUP 09-05 in August, 2009. The permit allows public gatherings, festivals, open air markets, private parties, and trade shows within the approximately 11,000 sq.ft. covered area known as the Plaza or Pavilion area. Conditional Use Permit CUP 09-05 was originally considered to include only the Plaza area separate from the transit lane area west of the Plaza. However, as the Transit lanes are used six days each week by Clallam Transit busses, it has become apparent that there may be opportunities to expand uses permitted within the Plaza to areas exterior to the covered area during those times when Transit does not use the bus lanes. Expanded activities would be permitted secondary to the function of the Transit Authority, and would require approval of Transit. The City will coordinate closely with Transit such that there will be no conflicts in uses. However, with approval of Transit, expansion of the area should be of benefit to the public users of the site Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit per PAMC 17.24.160.(H). The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The Gateway Plaza area includes on-site public parking. Fifty-three (53) on-site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Additional parking or parking at a specific location will not be required for this conditional use permit expansion of use. The expanded use area will be permitted only during periods when either the Transit lanes are not operational or in areas specified by Transit such that conflict with the primary use of the center does not occur. Site activity will not conflict with surrounding uses as parking is provided either on site or within the Downtown Parking Business Improvement Area. Attachments: A - Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code Amendment to Conditional Use Pt CUP 09-05 • City of Port Angeles Gateway Plalf May 12,2010 Page 4 ATTACHMENT "A" RECOMMENDED CONDITION, FINDINGS, AND CONCLUSIONS Condition: 1. The City's Public Works Recreation Division will manage activities occurring at the Gateway Plaza area to ensure that all policies and rules established for the Gateway Plaza be adhered to during events and may allow expansion from the covered Plaza area to other areas of the site with prior approval of the property owner, Clallam Transit. Findings: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works & Utilities Recreation Division requested that the activity area permitted by Conditional Use Permit CUP 09-05 be amended to include areas outside of the covered portion of the Gateway Transit Center known as the Plaza on April 20, 2010. 2. The east, covered, open air portion of the Gateway public transit center is commonly known as the Plaza. The site is situated at the northwest corner of the intersection of Lincoln and Front Streets in Downtown Port Angeles and is addressed as 125 East Front Street. 3. The Gateway Transit Center is owned by the Clallam Transit Authority with the Plaza area managed by the City of Port Angeles under agreement with Transit. Transit busses operate six days in the transit lane area of the property. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial and include business as well as recreational opportunities. 5. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is located in the City's Harbor Planning Area. 6. The Gateway Transit Center includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level,public parking area as it is available. 7. Uses that are not permitted outright by the Municipal Code in a particular zone can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Use of the covered, open air portion of the Transit Center known as the Plaza for community functions and 0 . recreational activities was found to be in compliance with the City of Port Angeles Zoning Ordinance and Comprehensive Plan under Conditional Use Permit CUP 09-05. 8. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles operated facility that is managed by the City's Recreation Division. Specific policies for use, operation, fees, etc. for the Plaza area are the responsibility of the City. Those specific policies govern individual activities at the plaza and will be adjusted by City personnel should issues arise. Use of the site should not negatively impact surrounding business or the general area nor detract from presentation of the area as a desirable location to visit. 9. The past year of operation of the Plaza area by various groups has indicated a desire to expand use of the Plaza functions to either the east portion of the Transit Center coordinating with Transit use of the site, or during those times when the transit lanes are not in operation, in coordination with the Transit Authority. Expanded use of the transit site as proposed could serve as a desirable draw of customers to the general Downtown area which would prove beneficial to businesses within the Downtown and enable greater public use of public spaces within the Downtown. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Minor amendment to approved conditional use permits may be granted by the Director of the Department of Community and Economic Development if the use is not considered to exceed the initial approval threshold by more than 10%. In cases where the activity is considered to exceed the threshold, amendment may be considered per 17.96.070 PAMC under the standard conditional use permit processing requirements. The current amendment was processed per the standard conditional use permit process to consider the entire site to accommodate a wide variety of activities at this time rather than have many future reviews of small expansion areas. Ultimate use of the site must comply with permit conditions for the conditionally permitted activities. Amendment to Conditional Use PI&CUP 09-05 City of Port Angeles Gateway Pla u May 12,2010 Page 6 14. Reviewing City Departmental comments were considered in the review of this application. There is no indication that current use of the site is in conflict with the original permit approval condition. The only change requested or anticipated is expansion of the use area within the property boundaries. 15. Notification of the proposed action and conditional use permit application appeared in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance (DNS)was issued for the initial use on August 10, 2009, and serves as the environmental review document adopted for the proposed amendment. 17. The Planning Commission conducted a public hearing on the proposed amendment at its May 12, 2010, regular meeting. Conclusions: Based on the information provided in the Community Development Staff Report for amended CUP 09-05 dated May 12, 2010, including all information in the public record file for the original conditional use permit action of August 12, 2009, 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 concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The approved public use of the site is in compliance with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code (PAMC) and, as conditioned, the amendment is consistent with development standards for uses compatible with the intent of the CBD zone per 17.24.160(H) PAMC. 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and with amendment of a conditional use permit per 17.96.070 PAMC. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). • ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES,AND OBJECTIVES 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 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." Policy A.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." 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" Goal F. "To provide a pleasant, safe, and attractive shopping environment in the traditional downtown waterfront area which provides a wide variety of shopping, dining, entertainment, arts, culture, and housing opportunities for visitors and residents alike". Policy F.1-"Commercial development in the traditional downtown should reemphasize its waterfront location and historic heritage, should be oriented to pedestrians and tourists, and should provide maximum enjoyment of the environment and public amenities as well as protection from adverse weather conditions." Objective F.3- "The City will encourage community events such as holiday ceremonies, town gatherings, arts and crafts displays, and special business activities such as a Farmer's Market,particularly in the Downtown". Transportation Element Policy B.14 - "Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traff c flow of the street is not impaired." Utilities and Public Facilities Element Goal B- "To support services and facilities through different levels of participation in cooperation with other public or private agencies." Policy B.3- "As a "supporter", the City should promote and cooperate in providing programs and services including.- Economic ncluding.Economic and business development services • Tourism information and services • Fine arts • Community recreation Goal C- "To provide safe, clean, usable, and attractive public facilities which enhance the cultural, educational, economic, recreational, and environmental attributes of the City." Amendment to Conditional Use Pdbt CUP 09-05 City of Port Angeles Gateway PlaAV May 12,2010 Page 8 Policy S- "The City's park and recreation system should provide a variety of settings and activities suitable to people of all ages, characteristics, and interests. Economic Development Element Goal A— "To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base". Policy A.6— "The City should promote in the traditional downtown retail, dining, arts, culture, and entertainment oriented activities that are attractive to both tourists and local residents". Zoning 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 Central Business District(CBD). The purpose and intent of this zone is: 17.24.010 Purpose "This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial, mixed use and, pedestrian oriented uses located in the center of the City with direct access to mass transit services,design standards for compatible commercial development, and support for public parking and business improvements." 17.24.160 Conditional Uses. H. Other uses compatible with the intent of this Chapter. 17.96.070 Hearin and nd Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify,the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission's decision shall be final unless appealed to the City Council. 17.96.070(F). Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Department of Community and Economic Development a minor amendment may be made to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and C. The site has been posted and adjacent property owners notified fifteen (15)days prior to the decision. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. Amendment to Conditional Use P t CUP 09-05 City of Port Angeles Gateway Pla� May 12,2010 Page 10 AMENDMENTTO CUP 09-05 GATEWAY PLAZA v li PROPOSED EXPANSION .W AREA LAZA ARE P41'- 1 From: Scott Johns To: Sue Roberds Date: 4/22/2010 9:25 AM Subject: Fwd: RE: Farmers Market Expansion Attachments: Gateway_Expansion.pdf fyi >>> "Cynthia Warne" <portangelesfarmersmarket@gmail.com> 04/16/2010 2:39 PM >>> Hi Scott Attached is a copy of our drawing of the proposed expansion area. Sorry it isn't a better drawing.We haven't been able to get an "as built"drawing of the finished structure. Do you have one?Sure would help us with this kind of thing to have an accurate drawing. Anyway,I am CCing Betsy Wharton our Board president on this so she is in the loop on what we have to do to get this rolling. Betsy,please see prior correspondence below. Thanks in advance for your help in the process. Cynthia Warne-Manager Port Angeles Farmers'Market P.O.Box 336 Port Angeles,WA 98362 (360)460-0361 portangelesfarmersmarketOgmail.com www.portancielesfarmersmarket.com Join us year-round Saturdays at the Gateway -----Original Message----- From: Scott Johns rmaiIto:Siohns@citvofpa.us] Sent: Friday,April 16,2010 1:47 PM To: Cynthia Warne Subject: RE: Farmers Market Expansion Cynthia,conditional use permit amendments are covered in PAMC 17.96.070.F(1)&(2) See below. F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Department of Community and Economic Development a minor amendment may be made to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10%of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and C. The site has been posted and adjacent property owners notified fifteen (15)days prior to the decision. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. It may be that your proposal will exceed the 10%rule in subsection (a). If that is the case,then section 2 will apply. Scott >>> "Cynthia Warne" <portangelesfarmersmarket(&Qmail.com> 04/16/2010 12:50 PM >>> Thanks Nathan and Scott I'll await word from Scott. Cynthia Warne-Manager Port Angeles Farmers'Market P.O.Box 336 Port Angeles,WA 98362 (360)460-0361 portangelesfarmersmarket@amail.com www.portangelesfarmersmarket.com Join us year-round Saturdays at the Gateway -----Original Message----- From: Nathan West rmaiIto:NwestC&citvofpa.usl Sent: Friday,April 16, 2010 12:47 PM To: Cynthia Warne Cc: Scott Johns Subject: Re: Farmers Market Expansion Hi Cynthia, I reviewed your conditional use permit for operation on the site and it very specifically limits activity to the Plaza area. We will need to amend the Conditional Use Permit and I will do my best to help you expedite that process. Please work with Scott Johns from my department get the details on the amendment process. I have cc'ed Scott on this email. Don't hesitate to contact me if you have timing issues or process concerns after you have gotten the details from Scott. Thanks Nathan Nathan A.West,AICP Director Community&Economic Development Department City of Port Angeles (P)360.417.4751 (F)360.417.4711 >>> "Cynthia Warne" <portangelesfarmersmarketCcbgmail.com> 4/15/2010 1:10 PM >>> Hello Nathan I just spoke with Terry Weed from Clallam Transit and he suggested I check with you or your office to see if there was going to be any kind of permitting the Market would need to get from the City if we were to expand our market north down the Clallam Transit transit lane sidewalk. He said he thought you might require us to have some kind of conditional use permit. I am attaching a PDF of our drawing for you to look at. Can you get back to me on this at your earliest convenience so if permitting is necessary we can get the ball rolling.The Market is busting at the seams,as you know. Thank you, Cynthia Cynthia Warne-Manager Port Angeles Farmers'Market P.O.Box 336 Port Angeles,WA 98362 (360)460-0361 portangelesfarmersmarket@gmail.com <mailto:manager@portangelesfarmersma rket.com> www.portangelesfarmersmarket.com Join us year-round Saturdays at the Gateway Railroad Ave f sum oma+To ;.,.ti • �Eloa `:a -sa FM • r _.. AYII{IIf NRL�110 /ti � 22"-x' l _ _ ti; J �•>� �5 1 Y'(. - i irl Wv / O 1 FRONT STREET Amendment to Conditional Use Pe . CUP 09-05 City of Port Angeles Gateway Plazi May 12,2010 Page 10 AMENDMENTTO CUP 09-05 GATEWAY PLAZA Z, -spy " o" PROP�pSE, m ECPANSIO ' E i �. A EAell n i 7-7 } ^ LAZA ARE • ORT NGELES W A S H. 1 N G T O N, U. S. A. t- �w Community &:Economic Development Department August 14, 2009 .City of Port Angeles r Parks and Recreation.Division Mr. Richard Bovine, Deputy Director P.O. Box 1150 Port Angeles, WA 98362 Re: Conditional Use Permit - CUP_09-05 1 125 East Front Street- Gateway Plaza w- Dear Richard: k � As you know, following a public hearingconducted before the Planning Commission on August 12, 2009,.the Commission"unanimously approved.the conditional use permit . referenced above to allow a variety of uses including community gatherings; festival events, private parties, etc., in the Gateway plaza area. This conditional use permit is subject to the following condition: Condition: 1. It is the responsibility of the Public Works and Utilities Department Parks and �N . Recreation.Division to manage the activities occurring at the Gateway Plaza to ' ensure that all policies and rules established for the Gateway Plaza operations are adhered to during scheduled events. k, e The conditional use permit will remain valid for as long as the condition of approval is met. F. If you have an questions regarding.the permit, lease dont hesitate to contact this Y any p ,p Department. Sincerely, +Jf. Sue Roberds Pla ing Manager s- , cc: Fire Department ' 01-%`s , Phone: 360-417-4750/Fax: 360-417-4711 iF Yr " Website: www.cityofpa.us/Email: smartgrowth@cityofpa.us '� 321 East Fifth Street- P.O. Box 1150/ Port Angeles, WA 98362-0217 Planning Commission Minutes August 12, 2009 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT—GATEWAY PLAZA—CUP 09-05 - 125 East First Street: Allow various uses, including community gatherings, festival events,public markets, private parties, and trade shows to occur in the Gateway Plaza area on a regular basis. Chair Reiss qualified the Commission by reviewing the quasi judicial public hearing questions regarding appearance of fairness or conflict of interest issues. All Commissioners responded that there were no issues to divulge. There being no issues or concerns, he then opened the public hearing. Associate Planner Scott Johns reviewed staff's report recommending approval of the conditional use permit with one condition. Commissioners asked general questions regarding presentation of the information.relative to operational policies and fees. Mr. Johns suggested that those questions should be addressed to Deputy Parks and Recreation Director Bonine who was present in the audience. In response to a question from Commissioner Matthews, Planner Johns answered that public parking is available underneath the pavilion area but that parking is public and can be used only on a first come first served basis. There is no dedicated parking available anywhere for the pavilion use with the exception of the Police Department office on site. Commissioners discussed the various uses proposed: weddings, private parties, semi public events, birthday parties, etc. The site seems a bit open for these uses and Commissioners asked questions as to whether the site would be cordoned off for events. Chair Reiss opened the public hearing to discuss issues with the applicant. Richard Bonine, Deputy Parks and Recreation Director for the City of Port Angeles responded to Commission questions about available parking and that firm operational policies and fees had not been adopted. He preferred to wait until he was sure the conditional use permit would be approved to put final effort into formulation of final operational policies and procedures and to set fees through the City's Parks and Recreation Commission. City staff will manage use of the Gateway pavilion under the oversight of the City's Parks and Recreation Commission. At this time, a fee of$75 per event is anticipated. Reservations will be first come, first served. Commissioner Matthews was concerned with the term "private." How private could a party be in this location? He explained that his interpretation of private means "exclusive", which is bothersome given the public ownership of the site. Mr. Bonine responded that the public portions of the pavilion will remain available to the public even if an event is occurring: someone who is not a party to a planned event could still use the public restroom facilities if they are open. Only the pavilion area would be rentable separately. The restroom facilities will be open from 7 -7:30 a.m. to 8:30 - 9 p.m. daily. The facilities will be jointly monitored by Clallam Transit and City staff. Planning Commission Minutes August 12,2009 Page 3 Discussion continued on the impact to parking in introducing a new use in the Downtown without dedicated parking. Mr. Johns reiterated that there is no dedicated parking for the use but there is parking available in the area through the PBIA. Commissioner Boyle was also concerned that use of the pavilion could draw many more people to the area without providing additional parking. Mr. Johns noted that there are several places to park in the Downtown that are not immediately in the area of the pavilion but are part of the Downtown complement of parking. He believed that merchants in the Downtown would love to see a parking problem caused by a greater number of people drawn to the Downtown for any reason. Commissioner Boyle was concerned that draft procedures and policies were not available for review or consideration by the Commission, which is common with other conditional use permit reviews. Mr. Bonine again stated that he would first ask for approval then formulate policies and regulations for the operation. He has drafted policies but they are not final. Chair Reiss noted that he has worked with the City to use public facilities during Arts In Action events and it is not an onerous process. The regulations are reasonable and in the best interest of the public. Regulations address use of whatever public facility is requested and require that it be left clean and undamaged. He noted that the issue at hand is the activity and that the finite matters of operation should be left for the Parks and Recreation Commission to work through with staff. There being no further testimony, Chair Reiss closed the public hearing. (Mr. Bonine left the meeting room at this point.) The Commission continued to discuss the lack of policies and procedures and potential scenarios of operation amongst themselves. They continued to express question regarding parking matters in that the pavilion usage can be up to 999 people. They were concerned about exclusion of public from scheduled events and how that would occur without incident. Following significant discussion on these matters, Commissioner Boyle moved to approve Conditional Use Permit CUP 09-05 with one condition, citing the following findings and conclusions in support of that decision: Condition: 1. It is the responsibility of the Public Works and Utilities Department Parks and Recreation Division to manage the activities occurring at the Gateway Plaza to ensure that all policies and rules established for the Gateway Plaza be adhered to during events. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-05 dated August 12, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning 0 • Planning Commission Minutes August 12, 2009 Page 4 Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works & Utilities Parks and Recreation Division submitted Conditional Use Permit application CUP 09-05 to allow community events, festivals, concerts and other activities at the Gateway Plaza structure in Downtown Port Angeles on July 27, 2009. 2. The Gateway plaza area is a portion of a larger developed public transit center. The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area. 3. The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial. 5. The proposed site is located at 125 E. Front Street and is located on the northwest corner of Lincoln Street and Front Street. The site is zoned Central Business District, CBD. 6. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is also located in the City's Harbor Planning Area. Development in the vicinity includes expected Downtown development, including commercial businesses, recreational, and industrial activities along the Port Angeles Harbor shoreline. 7. The Gateway plaza area includes on site public parking. Fifty-three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. 8. Activities such as public gatherings, festivals, open air markets,private parties, and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an"Other uses compatible with the intent of this Chapter." (PANIC 17.24.160.(H)). 9. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles owned facility that is managed by the City's Parks and Planning Commission Minutes August 12,2009 Page 5 Recreation Division. Specific policies for use, operational procedures, fees, etc. at the plaza are being developed by the City. Those specific policies will govern individual activities at the plaza and will be adjusted by City personnel should issues arise. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Extensions of approved conditional use permits may be granted if the use complies with the permit conditions and if there have been no significant, adverse changes in circumstances, or the adverse impacts have been adequately mitigated. 14. Reviewing City Departmental comments were considered in the review of this application. 15. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance was issued for this proposed action on August 10, 2009. 17. The Planning Commission opened a public hearing on the proposal at the August 12, 2009, regular meeting. Planning Commission Minutes August 12, 2009 Page 6 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-05 dated August 12, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings,the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The proposed use complies with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code and, as conditioned,the proposal is consistent with development standards for other uses compatible with the intent of the CBD zone, sub section 17.24.160(H). 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). Commissioner Matthews seconded the motion that passed unanimously. ;P T , NG ELES A -- W A S H I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Scott K. Johns, Associate Planner DATE: August 12, 2009 RE: Conditional Use Permit- CUP 09-05 APPLICANT: City of Port Angeles Richard Bonine, Deputy Director of Recreation OWNER: City of Port Angeles LOCATION: Northwest corner of Lincoln Street and Front Street in downtown Port Angeles REQUEST: Allow various uses, including community gatherings, festival events, public markets,private parties, and trade shows to occur in the Gateway Plaza area on a regular basis. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve CUP 09-05 with 2 conditions, citing 17 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located at the northwest corner of Lincoln Street and Front Street in downtown Port Angeles. Lots in the block measure 290 feet north to south, as no alley divides the block, and the lots vary in width throughout the block. The subject portion of the property is developed with restrooms, landscape planters, a clock tower, and a covered area designed for the purpose of facilitating gatherings and activities. The plaza is constructed over a parking area providing covered parking. To the west of the structure is a transit lane where busses transfer passengers. A two level parking structure is located adjacent to the transit lanes on the west. The site is accessed by foot from Front Street, Lincoln Street, or Railroad Avenue. Parking in the two level structure is accessed from either Railroad Avenue or Front Street and parking below the Plaza is accessed from Railroad Avenue. Service access to the Plaza is located on. Lincoln Street. The site(the plaza floor) level, while other sections of the complex are sloped to varying degrees. The property contains no environmentally sensitive areas. The application and site maps are attached as Attachment B. CUP 09-05 Gateway Plaza Page 2 August 12,2009 Other structures and land uses in the Downtown area are typical of such areas and contain commercial structures of one or two stories, with a three story hotel/restaurant located at the west end of the block and several public parking lots including those previously described. Uses include lodging, dining, retail stores, banks, galleries, and a visitor center. A city park and public pier,the Waterfront/Discovery Trail, and the Port Angeles Harbor waterfront provide other recreational uses. Two ferries providing service to Victoria BC operate from the north side of Railroad Avenue. DEPARTMENT COMMENTS: The Public Works and Utilities Department is the project proponent and provided application information. The Building Division of DCED inspected the area during construction. The plaza was constructed with the expectation that public gatherings would occur. The area is not enclosed, so exiting is not an issue. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on July 24, 2009, mailed to property owners within 300 feet of the subject property on July 24, 2009 and posted on the site on July 30, 2009. No written comments were received during the public comment period that ended on August 7, 2009. DEPARTMENT OF COMMUNITY 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 Central Business District 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 Harbor Planning Area and the site is designated as Commercial. The site is zoned Central Business District. The Gateway plaza area is a portion of a larger developed public transit center. The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area. The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. Event participants and spectators will be allowed to use the lower level public parking area as it is available. Activities such as public gatherings, festivals, open air markets, private parties, and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an "Other uses that meet the intent and purpose of the zone" ..... (PAMC 17.24.160.(H)). The purpose statement for the CBD includes the establishment of"...standards to improve pedestrian access and amenities..." and "...provide the basic urban land use pattern for commercial, mixed CUP 09-05 Gateway Plaza Page 3 August 12,2009 use, and pedestrian oriented uses located in the center of the city." Similar uses, such as auditoriums and public parks and recreation facilities are specifically allowed in the CBD zone. Activities such as festivals, street fairs, car shows, and sidewalk sales have been permitted in the past, usually by Right of Way Use Permit. These activities are similar in nature to the proposed use but did not occur in a fixed location. In contrast, the plaza area is intended to provide a consolidated location but not necessarily be a confined structure, e.g, it has no walls. If activities extend beyond the limits of the plaza area into the public right-of-way, a Right of Way Use Permit will be required. A Right of Way Use Permit requires justification that there is no other location for the use. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles owned facility that is managed by the City's Parks and Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are being developed by the City. Those specific policies will govern individual activities at the plaza and will be adjusted by City personnel should issues arise. The Gateway plaza area includes on site public parking. Fifty-three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Additional parking or parking at a specific location will not be required for this conditional use permit. 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. The development standards for conditional uses are provided in Table "A"of the Zoning Code which increases the minimum setbacks and lot size 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. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on August 10, 2009 per WAC 197-11-355. Attachments: A-Conditions,Findings,and Conclusions B- Zoning Ordinance,Comprehensive Plan,and Other Municipal Code References C-Application D-Site Map CUP 09-05 Gateway Plaza Page 4 August 12,2009 ATTACHMENT A RECOMMENDED CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CONDITIONAL USE PERMIT 09-05 The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 09-05 subject to 1 condition and based on the following 17 findings and 4 conclusions in support of the action: Condition: 1. It is the responsibility of the Public Works and Utilities Department Parks and Recreation Division to manage the activities occurring at the Gateway Plaza to ensure that all policies and rules established for the Gateway Plaza be adhered to during events. Findings: Based on the information provided in the Community Development Staff Report for CUP 09- 05 dated August 12, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles Public Works &Utilities Parks and Recreation Division submitted Conditional Use Permit application CUP 09-05 to allow community events, festivals, concerts and other activities at the Gateway Plaza structure in Downtown Port Angeles on July 27, 2009. 2. The Gateway plaza area is a portion of a larger developed public transit center. The proposed uses will be limited to the plaza area and restrooms. The plaza contains approximately 11,000 gross square feet of area. 3. The transit lanes of the Gateway Transit Center are used six days each week by Clallam Transit busses and are not included in this permit. 4. The site is zoned Central Business District. Adjacent land use designations are also Commercial. 5. The proposed site is located at 125 E. Front Street and is located on the northwest corner of Lincoln Street and Front Street. The site is zoned Central Business District, CBD. 6. The Comprehensive Plan Land Use Map designates the site as Commercial. The area is also located in the City's Harbor Planning Area. Development in the vicinity includes expected Downtown development, including commercial businesses, recreational, and industrial activities along the Port Angeles Harbor shoreline. 7. The Gateway plaza area includes on site public parking. Fifty three (53) on site parking spaces are provided in the plaza area as part of the Gateway development of which 16 are free and 37 are permit spaces. The total Gateway site includes 169 off street parking spaces. Public parking is also provided within the larger Downtown area through the PBIA at several locations. Event participants and spectators will be allowed to use the lower level public parking area as it is available. CUP 09-05 Gateway Plaza Page 5 August 12,2009 8. Activities such as public gatherings, festivals, open air markets, private parties, and trade shows are not specifically listed as permitted or conditional uses in the CBD zone, but such activities are expected in typical Downtowns. Generally, uses that are not permitted outright by the Municipal Code can be allowed by conditional use if the intended activity meets with the intent and purpose of a specific zone and fulfills expectations of the Comprehensive Plan. Uses that are compatible with the intent of the zone may be allowed by conditional use permit as an"Other uses compatible with the intent of this Chapter." (PAMC 17.24.160.(H)). 9. The Gateway public area was cooperatively developed with the intent that it be used for community functions and activities. The plaza area of the facility is a City of Port Angeles owned facility that is managed by the City's Parks and Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are being developed by the City. Those specific policies will govern individual activities at the plaza and will be adjusted by City personnel should issues arise. 10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 11. The City's Comprehensive Plan was reviewed for consistency with the proposal Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. were found to be most relevant to the proposal. 12. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 13. Extensions of approved conditional use permits may be granted if the use complies with the permit conditions and if there have been no significant, adverse changes in circumstances, or the adverse impacts have been adequately mitigated. 14. Reviewing City Departmental comments were considered in the review of this application. 15. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on July 24, 2009. Public notice was mailed to property owners within 300 feet of the subject property on July 24, 2009. Notice of the proposed action was posted on the subject site on July 24, 2009. Written comment was accepted until August 7, 2009. No written comment was received. 16. A Determination of Non-Significance was issued for this proposed action on August 10, 2009. CUP 09-05 Gateway Plaza Page 6 August 12,2009 17. The Planning Commission opened a public hearing on the proposal at the August 12, 2009, regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-05 dated August 12, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F.3; Transportation Element Goal B, and Policy B.14; Utilities and Public Facilities Element Goal B and Policy B.3, Goal C and Policy C.5; Economic Development Goal A and Policy A.6. 2. The proposed use complies with Section 17.24. (CBD Zone) of the Port Angeles Municipal Code and, as conditioned,the proposal is consistent with development standards for other uses compatible with the intent of the CBD zone, sub section 17.24.160(H). 3. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance). CUP 09-05 Gateway Plaza Page 7 August 12,2009 ATTACHMENT C COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT CONDITIONAL USE PERMIT CUP 09-05 IN THE CBD 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 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." Policy A.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." 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" Goal F. "To provide a pleasant, safe, and attractive shopping environment in the traditional downtown waterfront area which provides a wide variety of shopping, dining, entertainment, arts, culture, and housing opportunities for visitors and residents alike". Policy F.1-"Commercial development in the traditional downtown should reemphasize its waterfront location and historic heritage, should be oriented to pedestrians and tourists, and should provide maximum enjoyment of the environment and public amenities as well as protection from adverse weather conditions." Objective F.3- "The City will encourage community events such as holiday ceremonies, town gatherings, arts and crafts displays, and special business activities such as a Farmer's Market,particularly in the Downtown". 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." Utilities and Public Facilities Element Goal B- "To support services and facilities through different levels of participation in cooperation with other public or private agencies." Policy B.3- "As a "supporter", the City should promote and cooperate in providing programs and services including.- Economic ncluding:Economic and business development services • Tourism information and services • Fine arts • Community recreation CUP 09-05 Gateway Plaza Page 8 August 12,2009 Goal C- "To provide safe, clean, usable, and attractive public facilities which enhance the cultural, educational, economic, recreational, and environmental attributes of the City. " Policy 5- "The City's park and recreation system should provide a variety of settings and activities suitable to people of all ages, characteristics, and interests. Economic Development Element Goal A— "To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base". Policy A.6— "The City should promote in the traditional downtown retail, dining, arts, culture, and entertainment oriented activities that are attractive to both tourists and local residents". Zoning 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 Central Business District(CBD). The purpose and intent of this zone is: 17.24.010 Purpose "This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial,mixed use and, pedestrian oriented uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements." 17.24.160 Conditional Uses. H. Other uses compatible with the intent of this Chapter. CUP 09-05 Gateway Plaza Page 9 August 12,2009 ATTACHMENT D 1 Area of use considered for Conditional Use Permit CUP 09-05, Gateway Plaza area. CUP 09-05 Gateway Plaza Page 9 August 12,2009 ATTACHMENT D Ill I III J� / i7t CITY OF PORT ANGELES NOTICE OF MAILING RE: I, SUE ROBERDS, state that on the day of 2009 I mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. AFF ANT Subscribed to niq,\tib"' day of •Jyl—�1 2009. ` RINE `` Q,� ,........R•'YEy moi: ',�XOTA9 9 • A �"''r s 0310 1112 NOTARY PUBLIC for the State of F ' '••. '•••••••••-' Washington, residing in Port Angeles wA i H,\1 o� T/form s/affidav itm a i I ine CITY OF PORT ANGELES NOTICE OF POSTING RE:C� I PAT BARTHOLICK, state that on the � day of 20093 I posted said notice, a true copy of which is hereto a the and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. AFFIANT Subscribed to me this day of 2009. N /Li ��•.•••"••••.F90 : NOTARY PUBLIC for e State of Q�:•x01Ali),% 0 = Washington, residing in Port Angeles EXP.02.24.2012 Z 0 W AS�\��`��\ I1111II1111 T/form s/affidav i tpostingj im CITY OF PORT ANGELES NOTICE OF DEVELOPMENT PROPOSAL AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on July 20, 2009, the City of Port Angeles Department of Community & Economic Development received an application for consideration of a conditional use permit to conduct a variety of community activities at a publicly owned property within the Central Business District. The site will be managed by the property owner, the City's Parks and Recreation Division of the Public Works and Utilities Department. The area is covered but not enclosed, and is located at the northwest corner of Front and Lincoln Streets. The application was determined to be complete on July 20, 2009. Interested parties are encouraged to review the application materials and provide written comment on the proposed amendments until August 7, 2009. Written comments will be considered in staff's recommendation regarding the proposal. Verbal testimony will be taken during the public hearing that is scheduled for AUGUST 12 2009 6 .m. Cit Council Chambers 321 East Fifth p g p v Street. Information may be reviewed at the City Department of Community & Economic Development, City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington, 98362. Interested parties are invited to attend the meeting. City Hall is accessible to persons with disabilities. STATE ENVIRONMENTAL POLICY ACT: It is expected that a determination of non significance (DNS) will be issued for the proposal per WAC 197-11-355 following the required review period that ends on September 9 2008. APPLICANT: CITY OF PORT ANGELES PARKS AND RECREATION DIVISION LOCATION: Gateway Pavilion - Northwest corner of Lincoln/Front Streets For further information contact: Scott Johns, (360)417-4752 PUB: 7/24/09 POST: 7/24/09 MAIL: -a/22/09— 7�a� oq T:\NOTICES\PC ev&publichearing.wpd i s' Property Owner 107 E. 1St Street Property Owner Property Owner Port Angeles, WA 98362 111 E. 1 Street 117 E. 1 Street Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 123 E. 1 St Street 125 E. 1St Street 109 E. 1 Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 1171/2E. 1 Street 127 E. 1St Street 136 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 98362 Property Owner Property Owner Property Owner 114 E. Front Street 116 E. Front Street 118 E.Front Street Port Angeles, WA 98362 Port Angeles,WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 118 % E. Front Street 122 E. Front Street 124 E. Front Street Port Angeles, WA 98362 Port Angeles,WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 128 E. Front Street 130 E. Front Street 132 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 125 E. Front Street 123 E. Front Street 115 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 107 E. Front Street 105 E. Front Street 111 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 983.62 Property Owner Property Owner Property Owner 201 E. Front Street 202 E. Front Street 203 E. Front Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 98362 Property Owner Property Owner Property Owner 204 E. Front Street 208 E. Front Street 128 E. Front Street Port Angeles,WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 129 E. 1St Street 131 E. 1St Street 135 E. 1 st Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 133 E. 1St Street 129 E. 1 st Street 106 N. Lincoln St. Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Property Owner Property Owner Property Owner 112 N. Lincoln St. 114 N. Lincoln St. 116 N. Lincoln St. Port Angeles, WA 98362 Port Angeles,WA 98362 Port Angeles,WA 98362 Property Owner Property Owner, Property Owner 118 N. Lincoln St. 120 N. Lincoln St. 110 Railroad Avenue Port Angeles, WA 98362 Port Angeles, WA.98362 Port Angeles,WA 98362 Property Owner Property Owner Property Owner 128 Railroad Avenue 121 Railroad Avenue 221 N. Lincoln Street Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 98362 Property Owner Property Owner 117 N. Lincoln Street 222 N. Lincoln Street Port Angeles, WA 98362 Port Angeles,WA.98362 • Affidavit of Publication In the Superior Court of the State of Washington for Clallam/Jefferson County Peninsula Daily News CITY OF PORT ANGELES LEGAL ACCT/CITY CLERK CITY OF PORT ANGELES PO BOX 1150 NOTICE OF DEVELOPMENT PROPOSAL AND PUBLIC HEARING PORT ANGELES, WA 98362-0217 NOTICE L HEREBY GIVEN that on July 20 2009, the City of Port Angeles Department of Community&Economic Development received an application for consideration of a conditional use permit to conduct a variety of community activities at a publiclyowned property within the Central Business District.The site will be man- Reference: 4900481 aged by the property owner, the City's Parks and Recreation Division of the Public Works and 5049357 CITY OF PORT ANGELES Utilities Department. The area is covered but not enclosed, and is located at the northwest corner of Front and Lincoln Streets. The appli- cation was determined to be complete on July 20,2009. Interested parties are encouraged to review the application materials and provide written comment on the proposed amendments The undersigned being first duly sworn on oath, deposes and until August 7.2009. Written comments will be considered in staff's recommendation regarding Says. the proposal. Verba( testimony will be taken That she/he is authorized to and does make this affidavit for and during the public healing that is scheduled for on behalf of Peninsula Dail Ncorporation, that the AIJG�r ,t2 2009 s b m City Council Cham Daily a cor p on, anburs 321 East Fifth Street. Information may be following statements of fact are within her/his personal and reviewed at the City Department of Community & Economic Development, City Hall, 321 East actual knowledge. Fifth Street,P.O.Box 1150,Port Angeles,Wash- That said corporation is the owner and publisher of the ington,98362. Interested parties are invited to Peninsula Dail Nublished in Clallam/Jefferson Counties, attend the meeting. City Hall is accessible to Np persons with disabilities. and had been approved as a legal newspaper by order of the STATE ENVIRONMENTAL POLICY ACT: It is Superior Court of said Clallam/Jefferson County of the State Of expected that a determination of non signifi- Washington. cance(DNS)will be issued for the proposal per WAC 197-11-355 following the required review That the annexed is a true copy of a legal insertion as it was period that ends on eptember 19 2008. published in regular issues (and not in the supplement form) of APPLICANT: CITY of PORT ANGELES PARKS AND RECREATION DIVISION said newspaper was regularly distributed to its subscribers LOCATION: Gateway Pavilion - Northwest during all of said period. The publishing date cited is the last corner of Lincoln/Front Streets day of publication. For Lfurther information contact: Scott Johns, (360)417-4752 Pub:July 24,2009 1 Insertion in Pub PDN on 07/24/09 III///////ZZ N.\ �oN•R SCOL/��� N ? 08/05/2011 ; Z ON Illlllltl _ Sworn to me on this 23rd day of July 2009 NOTARY PUBUC Notary Public in and for the State of Washington residing in Port Angeles. Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362 Appl. ff'JklA49'oS APPLICANT/OWNER INFORMATION: �ee �o� ,2 7/D q Applicant: Address: 32I V P,rr r �-fi4 Daytimephone#: Applicant's representative(if other than applicant): Address: Daytime phone#: Property owner(if other than applicant): C:a ► o F ��t A�►� 5 Address: /�� �/� -�7" , 1 5 Daytimephone#: �-I/7-111,5L- PROPERTY INFORMATION: Street address: Legal description: R+ r ou p,, ���: 1 i Zoning: ci3 Comprehensive Plan designation: 1 � Property dimensions: ��� -F"Soo Property area(total square feet): 46, Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): PCIZc IC 1 i IAT PROPOSED USE INFORMATION: Please describe the proposed conditional use: �,ic:-��' �� 9 Ga 4 �S / 1 . 1 ��/`�"A�S '1"�•- P/ivnti' 1J 5l. LblUCI:iLtS i qW Number of employees: ,Pj Hours of operation: /0 Number of on-site parking spaces: _ Building area (total square feet of floor area for the proposed activity): ly 300 SIGNATURES: Applicant: I certify that all of the above statements are true and complete to the best of my knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. I have read this application in its entirety and understand that my submittal will be reviewed for completeness. If found to be complete the application will be scheduledforthe next available Planning Commission meeting. Ifnot complete, when requested information has been received the application will be scheduled for the next available meeting. Signature Date 7 z7- a '7' Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date For Staff Use Only: Permit No. Appl. complete Add. Info requested r APPLICATION FEES ;- FOR OFFICE USE ONLY Date Rec'd: CUP: $500&$350(SEPA) sy Total$850 File NumberOJ ` Administrative CUP CITY OF PORT ANGELES HTE# 02 Cp $200 & $125 SEPA Total: EPA CONDITIONAL U$E PERMI APPLICATION JUL 27 2009 CITY OF PORT ANGELES Dept.of Community Development **IMPORTANT * PLEASE READ �k Only completed applications will be accepted.To be considered complete,an application must include all of the following information: ❑ A completed application signed by the applicant and the property owner(if different than the applicant). ❑ A completed SEPA Checklist signed by the applicant. ❑ A vicinity map (showing the site in relation to surrounding properties) ❑ A site plan (accurately drawn at 1"=20' scale with complete dimensions showing all property lines, existing and proposed structures and parking spaces, setbacks and significant vegetation). ❑ Interior floor plans for each floor of any structure to be used for the proposed activity. ❑ Exterior building elevations for each side of any building that will be constructed for the proposed use. Mailing labels and list of property owners within 300' of the proposed site. A list of the property owners may be obtained from the County Assessor's Office. ❑ Application fee. It is important to be accurate and complete with the information regarding all aspects of your project. .The Planning Commission's decision and staff recommendation will be based on the information contained in this application, and will be limited to the proposal as presented. Changes to your project from what is submitted may result in the delay ofyourproject's review. Certain proposals are decided administratively such (retail stand permits, home occupations, and bed and breakfast uses). These permits do not require a public hearing process. Please do not hesitate to ask if you have any questions regarding the permit process, time periods, or restrictions of certain applications. Community Development Department personnel may be reached at 417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday. NOTES.- (For your use) v l PARCEL NO. 06-30-18-140025 (PARCEL A) PARCEL NO. 06-30-18-140075 (PARCEL B) u M C L imi TEE-D PA R TNER SHIP , PARCEL N0. 06-30-18-140050 (PARCEL C) BLA 0 6 - 13 PLA TIN PARCEL NO. 06-30-18-140000 (PARCEL D) NORTH, RANGE 6 WEST, W. M. PARCEL N0. 06-30-18-410050 (PARCEL E) IN SECTION 18, TOWNSHIP 30 NOR , PARCEL NO. 06-30-18-410025 (PARCEL F) CITY OF PORT ANGELES OWNERS ACKNOWLEDGMENT GMENT CLALLAM COUNTY, WASHINGTON LEGAL DESCRIPTION: PROPERTY OWNER: FOUND MONUMENT WITH PARCELS A THROUGH E PER VOLUME 58 OF SURVEYS, 3 1/2" ALUMINUM CAP, PAGE 95, AND PARCEL 1, PER VOLUME 3 OF SURVEYS, EXAMINED AND APPROVED THIS 1.2&DAY OF �ojOM 2006. LINE TABLE T81 SEE VOL. 62 OF PAGE 68, RECORDS OF CLALLAM COUNTY, WASHINGTON. LINE BEARING LENGTH 1SURVEYS, PG. 38. Ll S70007'56"E 195.4 1' GEOMPT106301811 NOTES: " W (11/2%6) JONATHAN G. SHOTWELL, GENERAL PARTNER � S88 24 43 E 114.09 � 1. THIS SURVEY WAS PERFORMED BY FIELD TRAVERSE METHODS USING L3 S85'42'11"W 118.78' N ^ A 3 SECOND TOPCON GTS-313 TOTAL STATION AND STEEL TAPE. LEGEND: L4 NO I*5626"E 177.98' h FOUND REBAR AND WITH PLASTIC SURVEY CAP L5 N85'42'11"E 40.65' N86'30'57"E o N CAP STAMPED: "NT1 2• THE BASIS OF BEARING FOR THIS SURVEY IS THE WASHINGTON e DENOTES SET REBAR " L6 S85'42'1 I"W ' 146.07' 30.13' Z BROWN". COORDINATE SYSTEM GRID, NORTH ZONE, 1983 DATUM, 1991 STAMPED: CLARK 38956 . (12/21/06) L7 NO1'S6'26"E 30. 18' ADJUSTMENT (WCS GRID) BASED ON FIELD TIES TO CONTROL POINTS FOUND CONDUIT 06301811 AND 06301841 AS SHOWN ON SURVEY RECORDED IN O DENOTES FOUND REBAR WITH PLASTIC SURVEY CAP L8 NO1'S6'26"E 146. 19' AND UNREADABLE :W VOLUME 39 OF SURVEYS, PAGE 63. ALL DISTANCES SHOWN HEREON D: "CLARK 12223" PER VOLUME 58 OF CAP, N63'41'26"E N ro , ARE REDUCED TO SAID GRID, A COMBINED SCALE FACTOR OF STAMPS SURVEYS, PAGE 95. (8/1%5) 0.25 co 0 0.99991834 AT 06301841 WAS USED FOR THIS SURVEY. THIS MOBILE HOME TO N COORDINATE SYSTEM IS EQUAL TO CITY OF PORT ANGELES U DENOTES FOUND AS NOTED (8/1%5). BE REMOVED w K) o FOUND CONDUIT AND MONUMENTATION DATUM. o Cbo'+ 2 UNREADABLE CAP w N DENOTES EASEMENT FOR INGRESS, EGRESS, AND N60053'03"E, 0.21' 3. FOR SECTION SUBDIVISION DATA, SEE VOL. 7 OF SURVEYS, PAGE ® UTILITIES PER THIS BLA. SUBJECT TO THE RIGHT Q � 103, AND VOL. 12 OF SURVEYS, PAGE 130, AND VOL. 39 OF OF THE CITY TO INCLUDE THESE EASEMENTS IN 10.00' S85'42�11"W 1280.58 1280.58 ^ SURVEYS, PAGE 63, RECORDS OF CLALLAM COUNTY, WASHINGTON. tri THE PORT ANGELES PUBLIC STREET SYSTEM. S85'42 11"W f00 301.81' � �,,� 4. THIS SURVEY DOES NOT PURPORT TO SHOW THE EXISTENCE OF ALL .03 EXISTING o EASEMENTS AND/OR ENCUMBRANCES RECORDED OR UNRECORDED 551 DENOTES EASEMENT PER AUDITOR'S FILE NUMBER L7 L6 BUILDING -•-� 82,9' THAT MAY AFFECT THIS PROPERTY. 2006 1182859. Itw , � C EXISnNG �b t0 BUILDINGS Q 5. THIS SURVEY WAS PERFORMED ACCORDING TO WAC 332-130-090 LOT AREAS BEFORE BOUNDARY LINE ADJUSTMENT °' _h * I `Or4o N STANDARDS FOR LAND BOUNDARY SURVEYS. THIS SURVEY WAS NOT a 30' WIDE EASEMENT FOR PERFORMED OR CERTIFIED TO MEET THE CURRENT MINIMUM wNWON _ KWAY i� o N S,85'42'1 1�'�W /-OLD LINE ,,, INGRESS Bc EGRESS PER STANDARD REQUIREMENTS" OR "ACCURACY STANDARDS" FOR PARCEL A = 5.98 ACRES 484 ECLIPSE INDUSTRIAL PAR 551.03 !� ,q 2004-1125794 ALTA/AGSM LAND TITLE SURVEYS. OEM PARCEL B = 5.44 ACRES 476 ECLIPSE INDUSTRIAL PARKWAY i PARCEL C = 3.04 ACRES 468 ECLIPSE INDUSTRIAL PARKWAY h 30' ch PARCEL D = 12.81 ACRES 460 ECLIPSE INDUSTRIAL .PARKWAY E J 6. THIS CONVEYANCE IS FOR THE PURPOSE OF ACCOMPLISHING A 14 PARCEL E = 4.67 ACRES 494 ECLIPSE INDUSTRIAL PARKWAYp1 30 j PPR�k8k O1 2 BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6): IT ti h SHALL NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR 0 PARCEL F = 2.01 ACRES ADDRESS TO BE ASSIGNED PPR k64 o S88'03'34"E DIVISION. RATHER, THE LAND DESCRIBED HEREIN SHALL MERGE OR w MOO- r LOT AREAS AFTER BOUNDARY LINE ADJUSTMENT vi 300.01 4 NORTH LINE OF THE a• 1 � 1 � v SOUTH 1/2, SOUTH BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY PARCEL A = 9.61 ACRES 484 ECLIPSE INDUSTRIAL PARKWAY 30 1/2, SW 1/4, NW 1/4 THE GRANTEE(S). 8 S. NEW LINE o t t° �o o PARCEL B = 2.00 ACRES 476 ECLIPSE INDUSTRIAL PARKWAY '2953yE- � QPR6 ,tNo N PARCEL C = 3.04 ACRES 468 ECLIPSE INDUSTRIAL PARKWAY70N h °� OLD LINE 30. 19' PARCEL D = 6.88 ACRES 460 ECLIPSE INDUSTRIAL PARKWAY MAPPED TOP-` . \ )3S, 30' . ' 1E NO' 0 APPROVALS PARCEL E = 4.93 ACRES 494 ECLIPSE INDUSTRIAL PARKWAY 41 OF BANK -�.� ` � S88 24 43 E N PAR0�1.2301 S PARCEL F = Z49 ACRES ADDRESS TO BE ASSIGNED � N FOUND CONDUIT AND CAP PW �� 60.01 � 301�� COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT* " o L 249.99' h 06 STAMPED: PETERSEN LS N FOUND MONUMENT WITH EXAMINED AND APPROVED THIS ��� DAY OF ,G, 2006. FOUND 2" BRASS 9179" NT0424"E, 0.41' N 424. 10'" Z 3 1/2" ALUMINUM CAP, CAP STAMPED: o� �. S88 24 43 E � SEE VOL. 62 OF F 5 o N N o / SURVEYS PG 38. By MARK M SEN DIRECTOR CENTER OF SECTION 18 "i/16TH COR." 6 k1002 N 30. 19' GEOMPT 106301814 FOUND 2" DNR ALUMINUM N15'22'08"W, 0.20' L5 Po1a� OLD LINE L3- E1 � (11/2%6) CAP PER VOL. 53 OF _ SURVEYS, PG. 51. CORNER 0 F ` 06�- - -6_97.11 f- -- - - 3o,1 PPRG� Ar " PUBLIC WORKS AND UTILITIES DEPARTMENT- SW �cEn�s (8/1%5) THE SE 1/4 0 - - S85 42 - 30' # N85-42'1�1 E EXAMINED AND APPROVED THI DAY OF � , 2006. 85_42, »W„!_ _THE NE 1/4 - _- _ 735.25' �=-- OLD LINE h 60.37 � p 18.34 !-- - N SOUTH LINE OF THE 1351.41 ``� S84 1122E 432.26 30 _ BY. GLENN CUTLER, DIRECTOR 0--jY SO2 16 1 D"W o - _ 853.59' 27.30' h BONN - SW 1/4, NW 1/4 EY/LLE POWER ADM/NIS- 1285.85- TRAT/ON RIGHT OF WAy o SURVEYOR'S_ CERTIFICATE.' SOUTH LINE OF AUDITOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR THE SE 1/4 OF FILE �FOR RECORD THIS '.h DAY OFDe4e-rnber 2006, UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS THE NE 1/4 AT_� ,Q.M., IN BOOK OF SURVEYS, ON PAGE AT THE OF THE SURVEY RECORDING ACT AT THE REQUEST OF PLATINUM REQUEST OF SCOT B. CLARK. C LIMITED PARTNERSHIP IN DECEMBER, 2006. B- 200 100 0 200 ' I1 ILE NUMLE NUM ER og�Ai SCALE IN FEET CO NTY AUD OR AUDITOR'S FBER zt ,r �� TREASURERS CERTIFICATE �N N.T.S. ALL TAXES AND ANY DELINQUENT ASSESSMENTS FOR WHICH THE LAND WITHIN THE P.O. Box z1 ss w se�sa o4 LAND DIVISION MAY BE LIABLE HAVE BEEN DULY PAID AS REQUIRED BY CHAPTER 939 N stn Ave. *,+P,� COT B. CLARK, PLS Se uim WA 98382 Gl3T$ 4. q X NG CW YI R RYE 0 345 AND SU R 389 5 6 O 8 4.5 6. L NUMBER L.S. N Z X MAPPING (iso) 681-2191 EXPIRES 9/27/07 Z Z. +� a /, W �l FAX 683-5310 LOPMENT CONSULTING DATE.• W Fig 13 DEVE .. CONSTRUCTION MANAGEMENT �` :::: (ass) 681-2161 FINAL CHECK: SBC QTR SURE BY.• DEPUTY DA E 18 30N-6W F CLALLAM COUNTY PLAT CHECK: KAC DRAWN BY: BAH & JKB SER#: 063018-SH OTWELL-FIN AL_BLA-121806 VOL. __ PG. -�•