HomeMy WebLinkAbout123,125 East Front Street 123 &125 East Front Street CUP 09-05
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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.
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CUP'09,OS G ewa laza Page 2
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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
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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
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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.
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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. - -
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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). .
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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
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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
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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
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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
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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
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B. How does this project relate to long-term plans?
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Environmental Checklist EVALUATION FOR
Page 2 AGENCY USE ,
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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:
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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
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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
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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.
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N°T,q 9,. 9 NOTARY PUBLIC for the State of
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Washington, residing in Port Angeles
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CITY OF PORT ANGELES
NOTICE OF POSTING
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hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the
property proposed for a land use action.
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AF ANT
Subscribed to me this day of 2010. 1
S•no NOTARYLIC for the State of
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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
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129 E. 1 st Street 131 E. 1 st Street 135 E. 1St Street
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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
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114 E.Front Street 116 E. Front Street :118 E. Front Street
Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles;WA 98362
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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
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128 E. Front Street 130 E. Front Street 132 E. Front Street
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125 E. Front Street 123 E. Front Street 115 E. Front Street
Port Angeles, WA 98362 Port Angeles, WA 98362 port Angeles, WA 98362
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107 E. Front Street 105 E. Front Street 111 E. Front Street
Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles,WA 98362
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MI E. Front Street 202 E. Front Street 203 E. Front Street
?ort Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362
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• •
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
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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 '
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• 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. -�•