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HomeMy WebLinkAbout124 W. Railroad Avenue Address: 124 W Railroad Avenue PREPARED 12/03/14, 13:23:20 INSPECTION TICKET PAGE 4 CITY OF PORT ANGELES INSPECTOR: JAMES LIERLY DATE 12/03/14 ------------------------------------------------------------------------------------------------ ADDRESS . : 124 W RAILROAD AVE SUBDIV: CONTRACTOR DOYLE PLUMBING PHONE (360) 457-1902 OWNER JOHN/EVELYN WESTREM, TRUSTEES PHONE PARCEL 06-30-00-5-0-5190-0000- APPL NUMBER: 14-00001454 PLUMBING PERMIT ------------------------------------------------------------------------------------------------ PERMIT: PL 00 PLUMBING PERMIT - REQUESTED INSP DESCRIPTION TYP/SQ COMPLETED RESULT RESULTS/COMMENTS ----------- ------------------------------------------------------- PL2 01 12/03/14 J L PLUMBING ROUGH-IN December 3, 2014 8:53:20 AM pbarthol. 1 v Tom 460-5155 PL99 01 12/03/14 JLL PLUMBING FINAL December 3, 2014 8:53:42 AM pbarthol. I(� Tom 460-5155 _____ _________ COMMENTS AND NOTES -------------------------------------- CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - BUILDING DIVISION �. ® 321 EAST 5TI1 STREET, PORT ANGELES, WA 98362 yy Application Number . . . . . 14-00001454 Date 12/02/14 Application pin number . . . 943398 Property Address . . . . . . .1.24 W RAILROAD AVE R ASSESSOR PARCEL NUMBER: 06-30-00-5-0-5190-0000- REPORT SALES TAX Application type description PLUMBING PERMIT Subdivision Name . . . . . . on your state excise tax form Property Use . . . . . . . . to the City of Port Angeles Property Zoning . . . . . . . CENTRAL BUSINESS DISTRICT Application valuation . . . . 2500 (Location Code 0502) ---------------------------------------------------------------------------- Application desc KITCHEN REMODEL/NEW SINKS/GREASE TRAP. . . ---------------------------------------------------------------------------- Owner Contractor JOHN/EVELYN WESTREM, TRUSTEES DOYLE PLUMBING WESTREM REV LIVING TRUST 1233 E 3RD ST NEWPORT BEACH CA 92661 PORT ANGELES WA 98362 (360) 457-1902 ---------------------------------------------------------------------------- Permit . . . . PLUMBING PERMIT Additional desc . . KITCHEN REMODEL Permit Fee . . . . 106.00 Plan Check Fee .00 Issue Date . . . 12/02/14 Valuation . . . . 0 Expiration Date 5/31./15, C Qty Unit Charge Per Extension BASE FEE 50.00 2.00 7.0000 EA PL-PLUMBING TRAP 14.00 2.00 7.0000 EA PL-WATER LINE 14.00 2.00 7.0000 EA PL-DRAIN VENT PIPING 14.00 2.00 7.0000 EA PL-IND WASTE PRETREAT INTRCPTR 14.00 ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due Permit Fee Total 106.00 106.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 106.00 106.00 .00 .00 Separate Permits are required for electrical work,SEPA,Shoreline,ESA,utilities,private and public improvements. This permit becomes null and void if work or construction authorized is not commenced within 180 days,if construction or work is suspended or abandoned for a period of 180 days after the work has commenced, or if required inspections have not been requested within 180 days from the last inspection. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any stat l or..local law regulating construction or the performance of construction. Date Print Name Signature of Contracto" r:or Au orized Agent Signature of Owner(if owner is builder) Tforms/Building Division/Building Permit BUILDING PERMIT INSPECTION RECORD PLEASE PROVIDE A MINIMUM 24-HOUR NOTICE FOR INSPECTIONS— Building Inspections 417-4815 Electrical Inspections 417-4735 Public Works Utilities 417-4831 Backflow Prevention Inspections 417-4886 IT IS UNLAWFUL TO COVER, INSULATE OR CONCEAL ANY WORK BEFORE INSPECTED AND ACCEPTED. POST PERMIT INCONSPICUOUS LOCATION. KEEP PERMIT AND APPROVED PLANS AT JOB SITE. Inspection Type Date Accepted By Comments FOUNDATION: Footings Stemwall Foundation Drainage/Downspouts Piers Post Holes(Pole Bldgs.) PLUMBING: Under Floor/Slab Rough-In Water Line(Meter to Bldg) Gas Line Back Flow/Water FINAL Date Accepted b AIR SEAL: Walls Ceiling FRAMING: Joists/Girders/Under Floor Shear Wall/Hold Downs Walls/Roof/Ceiling Drywall(Interior Braced Panel Only) T-Bar INSULATION: Slab Wall/Floor/Ceiling MECHANICAL: Heat Pum /Furnace/FAU/Ducts Rough-In Gas Line Wood Stove/Pellet/Chimney Commercial Hood/Ducts FINAL Date Accepted b MANUFACTURED HOMES: Footing/Slab Blocking&Hold Downs Skirting PLANNING DEPT. Separate Permit#s SEPA: Parkin /Lighting ESA: Landscaping SHORELINE: FINAL INSPECTIONS REQUIRED PRIOR TO OCCUPANCY/USE Inspection Type Date Accepted By Electrical 417-4735 Construction- R.W. PW I Engineering 417-4831 Fire 417-4653 Planning 417-4750 Building 417-4815 T:Forms/Building Division/Building Permit THE ` RTNGELES� For City Use CITY off' l�l Permit# w A s H i r T o N, U . S . Date Received: f / 321 E Sth Street Date Approved ,— G Port Angeles,WA 9836 P:360-417-4817 F:360-417-4711 Email:permits0city&a.us BUILDING PERMIT APPLICATION Project Address: J „J Phone: 3 d yLb—S��S Primag Contact: ���` Email: Name / Phone J Property Mailing Address Email Owner City State Zip Name Phone Contractor Address Email Information city Aa— State Zip Contractors License#CJ Exp.Date: Legal Description: Zoning: Tax Parcel # Project Value: (materials and labor) $ �� Residential ❑ Commercial ® Industrial ❑ Public ❑ Permit Demolition ❑ Fire ❑ Repair ❑ Reroof(tear off/lay over) ❑ Classification For the following, fill out both pages of permit application: (check New Construction ❑ Exterior Remodel ❑ Addition ❑ Tenant Improvement appropriate) Mechanical ElPlumbing ® Other ElFire Sprinkler System? Irrigation System? Proposed Bathrooms Proposed'Bedrooms Yes ® No D Yes 13 No M M �v) Project Description iart,x ,�, , Is project in a Flood Zone: Yes ❑ No❑ Flood Zone Type: If in a Flood Zone, what is the value of the structure before proposed improvement? $ I have read and completed the application and know it to be true and correct. I am authorized to apply for this permit and understand that it is my responsibility to determine what permits are required and to obtain permits prior to work. I understand that plan review fees are not refundable after review has occurred. I understand that I will forfeit review fees if I withdraw the application before the permit is issued. I understand that if the permit is not picked up/issued within 18o days of submittal,the application will be considered abandoned and the fees will be forfeited. Date /cam 1 y Print Name Signature C U Residential Structures For Office Use Area Description(SQ FT) Existing Proposed $$value Basement First Floor Second Floor Covered Deck/Porch/Entry Deck(over 30"or a" floor) Garage Carport Other(describe) Area Totals Commercial Structures For Office Use Area Descriptions(SQ FT) Existing Proposed $$Value Existing Structure (s) 700D 7600 Proposed Addition Tenant Improvement? Other work(describe) Site Area Totals Lot/Site Coverage Calculations Lot Size (sq ft) Lot Coverage (sq ft) %Lot Coverage(Total lot coverage_lot size) 94m 7& Site Coverage (Sq Ft of all impervious) %of Site Coverage (total site coverage_lot size) Mechanical Fixtures Indicate how many of each type of fixture to be installed or relocated as part of this project. Air Handler Size: # Haz/Non-Haz Piping Outlets: Appliance Exhaust Fan # Heater(Suspended,Floor,Recessed wall) # Boiler/Compressor Size: # Heating/Cooling appliance # repair/alteration Evaporative Cooler(attached,not # Pellet Stove/Wood-burning/Gas # portable) Fireplace/Gas Stove/Gas Cook Stove/Misc. Fuel Gas Piping #of Outlets: Ventilation Fan,single duct # Furnace/Heat Pump/ Size: # Ventilation System # Forced Air Unit Plumbing Fixtures Indicate how many of each type of fixture to be installed or relocated Plumbing Traps # Fuel gas piping #of Outlets: Water Heater # Medical gas piping #of Outlets: Water Line # Plumbing Vent piping # Sewer Line # Industrial waste pretreatment interceptor Grease Trap) Size Other(describe): T:\BUILDING\APPLICATION FORMS\Current BP Application\Building Permit 4-17.13.docx 124 W Railroad Avenue CUP 12-06 i l CITY OF PORT ANGELES *** CUSTOMER RECEIPT *** Oper: SCORDERY Type: CT Drawer: 1 Date: 9/11/12 11 Receipt no: 88707 Description Quantity Amount 201E PZ PLANNING & ZONING 1.00 8100.00 Trans number: 1398580 BREW PUB IN THE CBD BREW PUB IN THE CBD Tender detail CK CHECK 1017 8100.00 Total tendered 8100.00 Total payment 8100.00 Trans date: 9/11/12 Time: 11:47:47 *** THANK YOU FOR YOUR PAYMENT *** FOR INQUIRIES 360-457-0411 PRESS 1 WWW.CITY0FPA.US !. •, s ♦, a .. s . , 0 138 >„ 219 Oda _ , 101 124 -7, f F 101 101 01 f ell z l sr mow. 125 _ r e 212 N to St 217 - 130 ® ORTNGELES ty F� �E WASH I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT N TO: Planning Commission FROM: Scott K.. Johns, Associate Planner DATE: August 8, 2012 RE: Conditional Use Permit - CUP 12-06 APPLICANT: Tom Curry OWNER: John And Evelyn Westrem TTES LOCATION: 124 Railroad Avenue REQUEST: Establish a Micro Brewery, Tasting Room and restaurant in the CBD zone. RECOMMENDATION: The Planning Division recommends that the Planning.Commission approve CUP 12-06 with 3 conditions, citing 16 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located at 124 Railroad Avenue in the Central Business District (CBD) zone. The site is Tidelands West North 120 feet of Lot 6 &the North 120 feet of the east %z of Lot 7 of Block 1. The site is 8,996 square feet in area. The primary site access is obtained from Railroad Avenue and has rear access from the Front Street/Railroad Avenue alley. The site is located between Oak Street on the west and Laurel Street on the east. The site is built out with an existing structure that is slightly above the Railroad Avenue grade, and with a basement that opens onto the rear alley at a lower level. The site location is zoned Central Business District. Surrounding uses are general downtown business uses to the east, west, and south with the Port Angeles Harbor to the north. The primary uses directly adjacent to the site are parking lots. The application and site snaps are attached as Attachment B. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Fire Department has no objection to the proposal. Occupancy will be based on compliance with applicable building and fire codes, which will include upgrading of exit doors, lighted exit signs and illumination devises, and additional fire extinguishers. Additional <�CUP 12Page 2 0"6 �hop Brewery October i'0;*G2 improvements may be required if further remodeling of the structure occur. These requirements have been discussed with the applicant. The Public Works and Utilities Department did not comment. If building alterations or improvements are needed that require permitting, permits must be obtained. The Building Division of CED; Interior changes will require building permits. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on September 14, 2012, the site was posted on September 12, 2012, and mailed to property owners within 300 feet of the subject property on September 12, 2012. No written public comment was received during the written public comment that ended on October 1, 2012. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on behalf of the City's SEPA Responsible Official on October 2, 2012,per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). The marine shoreline of the Port Angeles Harbor is considered an environmentally sensitive area. No other environmentally sensitive areas such as priority habitat or eelgrass beds exist in the vicinity of the project. The site is located entirely within the V5 flood zone(Flood Insurance Rate Map), described as areas of 100-year coastal flooding with velocity. This conditional use pen-nit review is the only environmental review required. In accordance with Section 15.12.240 PAMC, the Shoreline Substantial Development acts as the necessary floodplain permit. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Municipal Code were reviewed with regard to the proposal. The references listed in Attachment C to this staff report were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the CBD zone are also included in Attachment B to this staff report. The City's Comprehensive Plan and Land Use Map identify the subject area as being designated Commercial. The site is found in the Harbor Planning Area. The subject site is zoned Central Business District. The Central Business District(CBD) zone is codified as Chapter 17.24 of the Port Angeles Municipal Code. The purpose of the CBDS zone is to " strengthen and preserve the area commonly known as the downtown for major retail buildings, ser-vice,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..." Microbreweries are permitted by conditional use permit in the CBD zone per 17.24.160(D) PAMC. No physical change to the site or exterior of the structure is being proposed, so no change in lot or site coverage is anticipated. The applicant has indicated that the approximately 6,500 square foot warehouse structure will be remodeled to accommodate a microbrewery operation with a tasting room, including food service. Approximately two thirds of the structure is identified as a production/management/storage area with the remaining approximately 2,250 square foot area CUP 12-06—Barhop Brewery Page 3 October 10,2012 being a tasting room/food service area. The east portion of the building will contain the brewing area, restrooms, and office. The south west quarter of the structure will be occupied with storage areas. The north west quarter of the structure will become the'Taproom'tasting area for customers. The use is not intended to be a typical restaurant, although restaurants are permitted uses in the Central Business District zone. The main operation is to produce, distribute, and sell craft beer. The applicant has indicated that no noxious odors will be emitted from the brew operation. The operation will emit approximately 5 gallons of water from the brewing process during production times. There will be one brewer operating in the 1,500 square foot brewing area and 4 employees in the Taproom. The applicant has indicated his intention to increase the business volume to double this number of employees during the next year of operation, resulting in 2 employees in the brewery and up to a total of 8 for the taproom. Delivery is currently small enough to require only a non-nal pickup truck; however, neither the use of nor the storage of delivery trucks for an on-site use is prohibited in the Central Business District. The operation is planned to be seven (7) days a week from 8 AM to 10 PM. The use is not intended to provide entertainment activities. The application materials indicate that the intended use is as "a microbrewery and tasting room for the production, storage, and sales of beer." Micro breweries were identified as being conditionally permitted uses in the City's Central Business District in 1994. A microbrewery differs from a brew pub or a restaurant due to the potential that the production of product may require some additional oversight. Depending on the site characteristics and intended operational plan, additional site safety features or pennitting may be required. As with most buildings in the CBD zone, this structure does not observe setbacks from adjacent businesses and does not have excess site area or individual parking areas. Signage must be in accordance with the requirements set forth in PANIC 14.36 (Sign Code). Signage and outside lighting should be placed such that they do not adversely affect residential high density uses in the area. The site is located in the City's Parking Business and Improvement Area (PBIA) and as such, is not required to provide on-site parking. In consideration of a conditional use pennit 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. All conditional use permits shall become void one year from the date of granting such pen-nits if the use of the land or building or applying for necessary building pen-nits has not taken place in accordance with the provisions in granting the pen-nit per 17.96.070(D) PAMC. Given the similarity of uses to the proposed use found in the Central Business District, the Planning Division recommends the Planning Commission approve Conditional Use Pen-nit CUP 12-06 subject to 3 conditions supported by the 16 findings and 4 conclusions listed in Attachment A to this staff report: Attaclunents: A- Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References CUP 12-06—Barhop Brewery Page 4 October 10,2012 ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CUP 12-06 Conditions: 1. The applicant shall obtain all necessary pen-nits from local and state agencies including the State Liquor Control Board and the Clallam County Health Department for the proposed use. An Industrial Users Permit shall be obtained from the City of Port Angeles Public Works and Utilities Department prior to commencement of the proposed brewing activity. 2. Modifications required by the City of Port Angeles Building Division and Fire Department shall be completed prior to occupancy. 3. If unanticipated adverse impacts are identified,the Planning Commission may apply additional conditions at that time. Findings: Based on the infonnation provided in the Community Development Staff Report for CUP 12-06 dated October 10, 2012, including all infonnation 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. Tom Curry submitted Conditional Use Permit application CUP 12-06 to allow the establishment of a microbrewery at 124 Railroad Avenue. 2. The proposed site is Tidelands`Vest North 120 feet of Lot 6&the North 120 feet of the east %:of Lot 7 of Block 1 and is owned by John And Evelyn Westrem TTES. 3. The site is zoned Central Business District. Zoning in the surrounding area is Central Business District. 4. The site is located in the City's Harbor Planning Area, and the Comprehensive Plan designates the site as Commercial. Adjacent designations are entirely Commercial. Other development in the general vicinity includes commercial uses. Site access is from Railroad Avenue and the Front Street/Railroad Avenue Alley. 5. Micro breweries are listed as conditional uses in the Central Business District zone. 6. Site development includes an approximately 6,500 square foot warehouse structure located on the south side of Railroad Avenue. No changes are planned to the exterior of the stricture. Interior remodel will result in the creation of an approximately 1,500 square foot production area where craft beer will be brewed and an approximately 1,500 square foot tasting room/food service area with the remainder of the structure being kitchen, restroom, storage and office area. 7. The site is located in the City' Downtown Parking Business Improvement Area(PBIA) where cooperative parking is provided. Every business in the PBIA is required to participate in the Improvement Area by yearly dues. The subject site has no area to provide off street parking. CUP 12-06—Barhop Brewery Page 5 October 10,2012 8. Per Section 14.40 of the Port Angeles Municipal Code, business parking within the City is calculated at 1 space for each 125 square feet of usable area for food service use. Because the use is within the PBIA, no on-site parking is required. 9. Per 17.96.050 PAMC, the Planning Commission shall consider applications for uses requiring a conditional use permit as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said pen-nits 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 pen-nit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 10. Per 17.96.070(D) PANIC, the conditional use may become void after one year from the date of granting such permit if the use of the land or building or applying for necessary building permits has not taken place in accordance with the provision in granting said requests. If unanticipated adverse impacts are identified following commencement of the use, the Planning Commission may apply mitigating conditions at that time. 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. 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 D, and Policy D.1; Transportation Element Policy B.14 and B.16; were found to be most relevant to the proposal. 12. Reviewing City Departmental comments were considered in the review of this application. The Public Works and Utilities Department will require a Minor Industrial Users permit for the discharge of waste into the City's utility system. The occupancy is classified as an F-2 per the Fire Department which does not require a sprinkler system. 13. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 14, 2012, posted on the site on September 12, 2012, and mailed to property owners within 300 feet of the subject property on July 13, 2012. Written public comment was accepted until September 12, 2012. No written comments were received during the public comment period. 14. A Detenmination of NonSignificance was issued for this proposed action on behalf of the City's SEPA Responsible Official on October 2, 2012, per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). 15. The site is located within the shoreline jurisdiction and within the 100-year flood zone. No site alterations are planned other than a change in occupancy and the proposed use is permitted within the shoreline jurisdiction and zone. 16. The Planning Commission opened a public hearing on the proposal at the October 10, 2012, regular meeting. CUP 12-06—Barhop Brewery Page 6 October 10,2012 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-06 October 10, 2012, 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. The proposal is consistent with requirements for review and process of a conditional use permit as specified in PAMC 17.96.050. As conditioned, unforeseen negative issues will be corrected by the applicant. 2. The activity is similar to other uses permitted in the City's Central Business District zone. 3. As conditioned, the proposal will comply with all development standards including off street parking, for such the specific activity, furthers the goals and policies of the City's Comprehensive Plan, and provides commercial infill as expected in the City's commercial zone. As such, the proposed activity is in the public interest. 4. As conditioned, future site development shall be in accordance with established standards for properties that contain environmentally sensitive areas. CUP 12-06—Barhop Brewery Page 7 October 10,2012 ATTACHMENT B COMPREHENSIVE PLAN GOALS, POLICIES, AND OBJECTIVES THAT SUPPORT THE USE AS A MICRO BREWERY BY CONDITIONAL USE PERMIT 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 Harbor Planning Area. The Comprehensive Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Residential Goal A: "To grade current and fixture development within the City in a manner that provides certainty to its citizens about f tture land use and the flexibility necessary to meet the challenges and opportunities of the fixture." 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." Land Use Element Commercial Goal D: To create and maintain a healthy and diverse commercial sectorfor a balanced and stable local economy. Policy D.1- The City should encourage the recruitment of new and the retention of existing commercial developments and businesses, which are consistent with the goals and policies of this Comprehensive Plan. Transportation Element Policy B.14 - Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. Transportation Element Policy B.16-Parking requirements should make allowances for shared parking facilities. 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 as Central Business District CbD. The purpose and intent of this zone is in part to: " strengthen and preserve the area commonly known as the downtown for major retail buildings, set-vice,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..." Conditional Use is defined as: "a use pertnitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone". A micro brewery is conditionally permitted in the CBD per PAMC 17.24.160(D) 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of use's as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may CUP 12-06—Barhop Brewery Page 8 October 10,2012 grant said permits which are consistent and compatible with the purpose of the zone in which the 11se is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible;detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. 17.96.070(D) Permits Void After One Year D. Permits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s)has not taken place in accordance with the provisions in granting said requests. PARKING ORDINANCE PAMC 14.40. Table A, requires 1 off-street parking space for each 125 sq.ft. of area for restaurant/food service uses. 1 parking space per employee is required for warehouse use. A total parking requirement of ten(10)parking spaces is required for the proposal. . am.wwp.YrYyy� v°'�+` 4�t? �'�.4��1"�, '�+�"��......•� d=...�.»�wwt�wpp ,� `'`~ �!� e, 1•h Si, ,���•�.���.�I$ .2�?• L Y'1�,dq''u '!'. �.' nSyiE�f ... ti `c/ t��'i.43..,''�.r.?'t�,7b S±w•'• •j�+�r:t�3iX ' l'. 2 7 � - s....t r•�k"Xrty. ,� e7r.�L.+1 :L�+c ab,�.� .. }v�-• ii If, *�S.^ .f s' ,H• -rtnr - '. ih // � ,�•` r tr .- r,..`.'`y,=�` r .F��, .;,,,-*+sem' �``' ,:d:. .r, n i 138 l ' . C,. 219 124 101 101 101 01 , t i t i f w f % 125 ' 212 \� lb �r =tet a oht 130N,_ Appl. APPLMANDOWNER INFORMATION: Applicant: j �� tit er r� , t� fir'flt e . its. Address: )l-Ib 5 7 t, S - - Daytimephone . -3L,C,-�/'6 :57� Applicant's representative(if other than applicant): Address: Daytimephone#: Property owner(if other than applicant): Address: Daytime phone#: PROPERTY INFORMATION: (� Streetaddress: `1 li L�� � i��tx rky-`- Legal description: IUn d L,L )D C _Pz t - L , } Zoning: ' Comprehensive Plan'designation: Property dimensions: Property area(total square feet): Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): /541- PROPOSED USE INFORMATION: Please describe the proposed conditional use: ;?r�l�—IC- G t, ' ��----- / i � Number of employees: Hours of operation: 19n, Number of on-site parking spaces: Building area(total square feet of floor area for the proposed activity): 7 SIGNATURES: f Applicant: Icerti)that all ofthe above statements are true and complete to the best offny knowledge and acknowledge tla,atii;ilful misrepresentation of information will terminate tlzispe»riit application. Ihave read this application in its entirety and understand that my submittal will be reviewed for completeness. If found to be complete the application will bescheduled for the next available Planning Commission meeting. Ifnot complete,when requested information has been received the application will be scheduled for the neat available meeting. Signature Date L r� 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: Peanut No. Appl. complete Add.Info requested Is � n 1 J L/ i i t � n \! " J a WWI 7 , 1-al CITY OF PORT ANGELES 321 East Fifth Street Port Angeles, WA 98362 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that on October 10, 2012, the City of Port Angeles Planning Commission approved a conditional use permit to allow a micro brewery in the Central Business District at 124 West Railroad Avenue. Appeal of this decision must be made within 14 days of this notice that is dated October 12, 2012, to the City of Port Angeles Department of Community and Economic Development. For further information, please contact Sue Roberds, Planning Manager, Department of Community & Economic Development, 321 East Fifth Street, Port Angeles, Washington, (360) 417-4750. Pub: 10/16/12 Post: 10/12/12 Filing Fee: *$ 350.00 • PORT ANGELES Admin. $ 125.00 WASHINGTO N, U. S. A. r U 7Community CITY OF PORT ANGELES 2092ENVIRONMENTAL CHECKLISTCIRTANGPurpose of Checklist: DepDevelopment Chapter 43.21C 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: )E4fev A. Address or general location of site: ! `l VJ• 2. Name, address, phone number, and e-mail address (if available) of applicant: O 7—h oy—A5. F.C..,(-ryyI I j-14 -t. 7/4—Si.,6��G�- �; LkJtA-11S'3fo�, +ov -P x<rkq0b�w�u ..tee 3. Name, address, Ane number, and e-mail addre`�s (if available) of contact person if other than` applicant: 5q � 4. Date checklist prepared: 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? B. How does this project relate to long-term plans? f Environmental Checklist EVALUATION FOR Page 2 AGENCY USE 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. WC) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: 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 T ���� proposal, if known. 4 00-e- ?,N0WV\- 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.) 1&,,i ,141 $ q(Qf ci Cvw Lar 1 G —1 �w� C�C LCn�wt�K � IP-L'i 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. 1, .y ui /Zt: r cQ S�. Pcn � r UJ vi-993rP�— L0+& t --7 glaL I� 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 0he General description of the site (circle one): rolling, hilly, steep slopes, mountainous, r Environmental Checklist EVALUATION FOR Page 3 AGENCY USE B. What is the steepest slope on the site (approximate percent slope)? AZA-0— 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'_'� 1,-.\,j D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. kx) E. Describe the purpose, type, and approximate quantities of any Filling or grading proposed. Indicate source of fill: X)oO-e, F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. /1116 c a.i G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)?/1/e)j)..Q H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: d,6 e5,, 2. Air VVUU 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. B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. /.�a C. Proposed measures to reduce or control emissions or other impacts to air, if any: 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. Pte 4- A, 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: 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. tia v.) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. KIDW 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. A)3 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. /)o _ 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. X l S�i~ 6v\ J I' 'S (2�C1 S�a 7�6V� �(-7l\��� (715 (�{�1f SI U1 ii.) Could waste materials enter ground or surface waters? If so, generally describe. lit) D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 'IubJ&_� 4. Plants A. Check or circle the type of vegetation fou don the site: deciduous tree: alder, maple, aspen, other y—evergreen treeit edar, pine, other ,��shrubs morass 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? / oO i(�!__ C. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. pc K_L . 5. Animals A. Circle any birds and animals which have been observed on or near the site or are knowrp.to- noe or-near the site: Birds: hawk, heron, eagle songbirds„other ?�_ a �c,, Mammals: deer, bear, elk,beaver, other y 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. /08 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. '00AJP 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. 1�),9 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)? /UoI.LC' 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. vp” iii) Proposed measures to reduce or control noise impacts, if any: /JCS►�- Environmental Checklist EVALUATION FOR Page 6 AGENCY USE 8. Land and Shoreline Use J 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 structureson thenn site.�w,3_0,S,6,7S,o,� J ��rvc'}�r e✓ �� D. Will any structures be demolished? If so, what? E. What is the current zoning classification of the site? C, F. What is the current Comprehensive Plan designation of the site? A,c-)4--SJ G. What is the current Shoreline Master Program designation of the site? �� )Jo+—So H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. �� SV�— I. How many people would reside or work in the completed project? I'A 5 J. Approximately how many people would the completed project displace? IUOA_ --. K. Proposed measures to avoid or reduce displacement impacts, if any: koi ,-0(i C�-,6(x—. L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: CN ��r�,,�; pZ,clt�5 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? Environmental Checklist EVALUATION FOR Page 7 AGENCY USE C. Proposed measures to reduce or control aesthetic impacts, if any. )-VX- 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? /-1/0 AA--- D. Af.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. IVa C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. / OYX-2----- 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: "Z�3 B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. doe_ )c;,d c.U'0-- 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 Jo the existing street system. S ow on site plans, if any. tu— B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? //P5 Environmental Checklist EVALUATION FOR Page 8 AGENCY USE C. How many parking spaces would the completed project have? How many wouldf the project eliminatye? � jt) � [o 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). /O E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. /ud F. How many vehicular trips per day would be generated by the completed pro'ect? If known, indicate when peak volumes would occur. L)lel C y2 Sv\ G. Proposed measures to reduce or control transportation impacts, if any. G x (w.=�1-� � Cl�� �S�S V"' G 1L. 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 i le ut' ' ' s-cQrrently available at the site. elec;;e t , natural gas, ater, efuse service, lephone anitary iewe syste r. 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. 4'�(( Js,e— eNl� S-e-q-V+ 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 buildin - new e uipment, new employees). ^/3L;s�,��� �,�;;�( ��^-��fJ'0 �s B. If the proposal is the creation of a new business, please describe (e.g., re-use of an existing building , 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. A r S i 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 � L w� f � - E. Where will the materials, goods or services utilized bytheproposal come from? A10SA w p t 6�er 4L'U-'!24— F::�Le F. //Where will the goods or services produced by the proposal be utilized? C�C'4� G. Who will n utilize the goods or services produced by the proposal? �c� -�otX-h&s 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. If not, skip to Non Project Action Section Page 13] 1. Name of watershed Port Angeles Regional WatershedElwlh�a 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 pro'ect and a stream can reduce the chance of a negative impact to fish.) C) .F_e- 4. What is the current land use between the project and the otenti Ily 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); C.X) other / (explain) �tc•��o� max; :� 6�,����,,. Ck-Po-p-(T 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 1 1 AGENCY USE 1. Does the project require the withdrawal of: Surface water? %k.b Name of surface water body Ground water? A)(L Amount From where? Depth of well 2. Will any water be rerouted? A- v 3. Will there be retention ponds? /�16 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? IVO (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? lkl)e) 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? A-11�) 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?,Va 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? �l� 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?/tb 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 federal laws or requirements for the protection of the environment. By affixing my signature hereto, I/we certify and declare under penalty of perjury that the information furnished herein is true and correct to the best of my knowledge and that I am the owner of the premises where the work is to be performed or am acting as the owner's authorized agent. I further agree to hold harmless the City of Port Angeles as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim)which may be made by any person, including the undersigned, and filed against the City of Port Angeles, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as a part of this application. I further agree that City of Port Angeles staff may enter upon the subject property at any reasonable time to consider the merits of the application, to take photographs and to post public notices. SIGNED: G`ro10 a � DATE: PHONE: a 4 CITY OF PORT ANGELES 321 East Fifth Street Port Angeles, WA 98362 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that on October. 10, 2012, the City of Port Angeles Planning Commission approved a conditional use permit to allow a micro brewery in the Central Business District at 124 West Railroad Avenue. Appeal of this decision must be made within 14 days of this notice that is dated October 12, 2012, to the City of Port Angeles Department of Community and Economic Development. For further information, please contact Sue Roberds, Planning Manager, Department of Community & Economic Development, 321 East Fifth Street, Port Angeles, Washington, (360) 417-4750. Pub: 10/16/12 Post: 10/12/12 Affidavit of Publication In the Superior Court of the State of Washington for Clallam/Jefferson County Peninsula Daily News P.O.Box 1330,Port Angeles,WA 98362 City of Port Angeles PO Box 1150 Port Angeles,WA 98362 9932 Port Angeles 9932 Port Angeles; Reference: #430820 .4, o°.L`egais .:. Legals. .�-" City of Port Angeles 321 East -t CITY OF PORT ANGELES # ' 'k 321aEast ,iffh Street _i € Port Angeles N%A'.98362 j-—� NOTICE`O -DECISION The undersigned being first duly sworn on oath,deposes and NOTICE IS HEREByrGIVEN,that{onQctober 1-0, i 2012 the City of Port;Angelese-Plannijng Commis-1 says. cion approved a conditional'use permit".to al[A-a That she/he is authorized to and does make this affidavit for microtbrewery m the;Central BusmesssOstrictiat / ,.124 WestwRailroad Avenue',Appeal of thisdecision and on behalf of Peninsula Daily News,a corporation,and that must be"made within 14 days of this notice°thatIis. datediOctober,l2ri'20:12 to the,''City of':PortiAngeles the following statements of fact are within her/his personal and Department of Community and menu Economic Develop- actual knowledge. For furth6 i nformation3 please;contact`Sue Ro- That said corporation is the owner and publisher of the berds Planning Manager Department ofi'Commu- Peninsula Daily News published in Clallam/Jefferson Counties, +Site &kEconomles'-Wvelopment" 3P Fifth Street,Po'rt`Angeles,Nlashingtori;(960)41-7-4750.,"'" and had been approved as a legal newspaper by order of the Pub:Oct.16,2012 Legal No.430820 Superior Court of said Clallam/Jefferson County of the State Of Washington. That the annexed is a true copy of a legal insertion as it was published in regular issues(and not in the supplement form)of said newspaper was regularly distributed to its subscribers during all of said period.The publishing date cited is the last day of pub'cation. Holly Botts,Peninsula Daily News Start:10/14/12/Stop:10/16/2012/#Inserts:1/ $34.44 Sworn to me on this >( day of C1 (Y NOTARY PUBLIC Notary Public in and for the State of Washington residing in Port Angeles CO EXP. 12/06/2015 Nl °F WASVk\ Rb I LES W A S H I N G T O N, U. S. A. Communit & Economic Develo men" D--- trnent October 12, 2012 Mr. Tom Curry 1126 E. 7`h Street Port Angeles, WA 98362 RE: Conditional Use Permit—CUP 12-06 124 West Railroad Avenue Dear Mr. Curry: As you know, following a public hearing conducted by the City of Port Angeles Planning Commission on October 10, 2012, Conditional Use Permit CUP 12-06 was approved to allow a micro brewery in the Central Business District at 124 West Railroad Avenue. The permit is approved with the following conditions: Conditions: 1. The applicant shall obtain all necessary permits from local and state agencies including the State Liquor Control Board and the Clallam County Health Department for the proposed use. An Industrial Users Permit shall be obtained from the City of Port Angeles Public Works and Utilities Department prior to commencement of the proposed brewing activity. 2: Modifications required by the City of Port Angeles Building Division and Fire ' Department shall be completed prior to occupancy. 3. If unanticipated adverse impacts are identified, the Planning Commission may apply additional conditions at that time. Construction permits are required for your expected interior remodel per above condition #2. As you know, the site is located in the Parking Business Improvement Area(PBIA) where all businesses are required to belong to the PBIA per City ordinance. Please contact the Port Angeles Downtown Association for any questions regarding that membership. Please don't hesitate to contact this Department if you have any questions regarding the permitting process, either land use or building. Good luck in your combined venture! ,Sincerely, Sue Roberds 1 Planning Manager Cc: David Freed—Wastewater Division Phone: 360-417-4750 / Fax: 360-417-4711 Website: www.cityofpa.us / Email: srnartgrowth@cityofpa.us 321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362-0217 Planning Commission Minutes October 10,2012 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT— CUP 12-06 —BARHOP BREWERY, 124 Railroad Avenue: Proposal to establish a micro brewery with inside eating area in the Central Business District. Chair Miller reviewed the quasi-judicial public hearing procedures for audience members and read Appearance of Fairness qualifying questions for Commission members. No concerns were noted by anyone with regard to either of these matters. Associate Planner Scott Johns reviewed the Department Report recommending approval of the conditional use permit with conditions. Commissioner Boyle noted that the proposed operational time period is confusing. Commissioner Matthews asked if the use would provide food service because it didn't appear to provide kitchen services and asked where employees and patrons would park as the site does not provide off street parking and parking in the area is mainly private. Planner Johns believed that State law requires that some.food service be available as a use that serves alcohol but suggested that the applicant respond to that question. The site is located in the City's Parking Business Improvement Area where parking is shared. It is believed that employees would need to obtain parking permits to use shared lots for long periods of time or purchase parking from either of the two adjacent private parking lots. Some on street parking is provided in the area but it is not intended that that parking be long term for employee use. In response to Chair Miller, Mr. Johns explained the flood zone designation for the area. Chair Miller opened the public hearing. Tom Curry, 1126 E. 71h Street responded to the earlier inquiry from Commissioner Matthews that some food would be provided but not meals so a commercial kitchen is not required for the type of use intended. The move to this location will allow him to serve his product more to the community than just preparing the product for shipment outside of the area. In response to Commissioner Boyle, Mr. Curry answered that business will close at 2 AM. Three (3hr) hour parking is available to the south of the site and the Budget parking site is available for employee parking so valuable on street parking will be available for non employees. There being no further testimony, Chair Miller closed the public hearing. Commissioner Boyle moved to approve the conditional use permit with the following conditions, findings, and conclusions: Planning Commission Minutes October 10,2012 Page 3 Conditions: 1. The applicant shall obtain all necessary permits from local and state agencies including the State Liquor Control Board and the Clallam County Health Department for the proposed use. An Industrial Users Permit shall be obtained from the City of Port Angeles Public Works and Utilities Department prior to commencement of the proposed brewing activity. 2. Modifications required by the City of Port Angeles Building Division and Fire Department shall be completed prior to occupancy. 3. If unanticipated adverse impacts are identified, the Planning Commission may apply additional conditions at that time. Findings: Based on the information provided in the Community Development Staff Report for CUP 12-06 dated October 10, 2012, 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. Tom Curry submitted Conditional Use Permit application CUP 12-06 to allow the establishment of a microbrewery at 124 Railroad Avenue. 2. The proposed site is Tidelands West North 120 feet of Lot 6 and the North 120 feet of the east '/2 of Lot 7 of Block 1 and is owned by John and Evelyn Westrem TTES. 3. The site is zoned Central Business District. Zoning in the surrounding area is Central Business District. 4. The site is located in the City's Harbor Planning Area, and the Comprehensive Plan designates the site as Commercial. Adjacent designations are entirely commercial. Other development in the general vicinity includes commercial uses. Site access is from Railroad Avenue and the Front Street/Railroad Avenue Alley. 5. Micro breweries are listed as conditional uses in the Central Business District zone. 6. Site development includes an approximately 6,500 square foot warehouse structure located on the south side of Railroad Avenue. No changes are planned to the exterior of the structure. Interior remodel will result in the creation of an approximately 1,500 square foot production area where craft beer will be brewed and an approximately 1,500 square foot tasting room/food service area with the remainder of the structure being kitchen, restroom, storage and office area. 7. The site is located in the City' Downtown Parking Business Improvement Area (PBIA) where cooperative parking is provided. Every business in the PBIA is required to participate in the Improvement Area by yearly dues. The subject site has no area to provide off street parking. 8. Per Section 14.40 of the Port Angeles Municipal Code, business parking within the City is calculated at 1 space for each 125 square feet of usable area for food service use. Because the use is within the PBIA, no on-site parking is required. Planning Commission Minutes October 10,2012 Page 4 9. Per 17.96.050 PAMC, the Planning Commission shall consider applications for uses requiring a conditional use permit 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. 10. Per 17.96.070(D) PAMC, the conditional use may become void after one year from the date of granting such permit if the use of the land or building or applying for necessary building permits has not taken place in accordance with the provision in granting said requests. If unanticipated adverse impacts are identified following commencement of the use, the Planning Commission may applymitigating conditions at that time. 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. 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 D, and Policy D.1; Transportation Element Policy B.14 and B.16; were found to be most relevant to the proposal. 12. Reviewing City Departmental comments were considered in the review of this application. The Public Works and Utilities Department will require a Minor Industrial Users permit for the discharge of waste into the City's utility system. The occupancy is classified as an F-2 per the Fire Department which does not require a sprinkler system. 13. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 14, 2012, posted on the site on September 12, 2012, and mailed to property owners within 300 feet of the subject property on July 13, 2012. Written public comment was accepted until September 12, 2012. No written comments were received during the public comment period. 14. A Determination of NonSignificance was issued for this proposed action on behalf of the City's SEPA Responsible Official on October 2, 2012, per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). 15. The site is located within the shoreline jurisdiction and within the 100-year flood zone. No site alterations are planned other than a change in occupancy and the proposed use is permitted within the shoreline jurisdiction and zone. 16. The Planning Commission opened a public hearing on the proposal at the October 10, 2012, regular meeting. Planning Commission Minutes October 10,2012 Page S Conclusions.- Based onclusions:Based on the information provided in the Department of Community Development Staff Report for CUP 12-06 October 10, 2012, 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. The proposal is consistent with requirements for review and process of a conditional use permit as specified in PAMC 17.96.050. As conditioned, unforeseen negative issues will be corrected by the applicant. 2. The activity is similar to other uses permitted in the City's Central Business District zone. 3. As conditioned, the proposal will comply with all development standards including off street parking, for such the specific activity, furthers the goals and policies of the City's Comprehensive Plan, and provides commercial infill as expected in the City's commercial zone. As such, the proposed activity is in the public interest. 4. As conditioned, future site development shall be in accordance with established standards for properties that contain environmentally sensitive areas. Commissioner Matthews seconded the motion that passed 6—0. Planning Commission Minutes October 10.2012 Page 6 COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Final Facade and SignalZe Grant Applications Planning Manager Roberds referred to the memorandum from Assistant Planner Roberta Korcz regarding the final three facade and signage grant applications being presented for consideration. The applications have been augmented somewhat by the applicants to contain additional information needed for approval. The three remaining grant applications being recommended for approval are to improve the fayade entryway and paint Serenity House Thrift Store 502 East First Street ($6,642.50); improve the fa(ade of 112 N. Lincoln Street owned by Independent Bible Church ($1,000); and add floor area by extending the original fa4ade for the Next Door Gastropub ($9,020) in the Central Business District. Applicants were not present. Commission members made brief comments regarding the applications and Commissioner Matthews moved to approve the final three applications for Serenity House, IBC Church, and Gastropub. The motion was seconded by Commissioner Morris and passed 6—0. REPORTS OF COMMISSION MEMBERS Commissioner Davis noted that he would not be available for the October 24 meeting. ADJOURNMENT The meeting adjourned at 6:50 PM. Sue Roberds, Secretary David Miller, Chair PREPARED BY: sroberds • ORTANGELES-r-1 . WAS 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 8, 2012 RE: Conditional Use Pen-nit- CUP 12-06 APPLICANT: Tom Curry OWNER: John And Evelyn Westrem TTES LOCATION: 124 Railroad Avenue REQUEST: Establish a Micro Brewery, Tasting Room and restaurant in the CBD zone. RECOMMENDATION: The Planning Division recommends that the Planning-Commission approve CUP 12-06 with 3 conditions, citing 16 findings and 4 conclusions in support of that action as listed in Attachment A. EXISTING CONDITIONS IN AREA: The subject property is located at 124 Railroad Avenue in the Central Business District (CBD) zone. The site is Tidelands West North 120 feet of Lot 6 &the North 120 feet of the east of Lot 7 of Block 1. The site is 8,996 square feet in area. The primary site access is obtained from Railroad Avenue and has rear access from the Front Street/Railroad Avenue alley. The site is located between Oak Street on the west and Laurel Street on the east. The site is built out with an existing structure that is slightly above the Railroad Avenue grade, and with a basement that opens onto the rear alley at a lower level. The site location is zoned Central Business District. Surrounding uses are general downtown business uses to the east, west, and south with the Port Angeles Harbor to the north. The primary uses directly adjacent to the site are parking lots. The application and site snaps are attached as Attachment B. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Fire Department has no objection to the proposal. Occupancy will be based on compliance with applicable building and fire codes, which will include upgrading of exit doors, lighted exit signs and illumination devises, and additional fire extinguishers. Additional CUP 12-06-Barhop Brewery Paue 2 October 10,2012 improvements may be required if further remodeling of the structure occur. These requirements have been discussed with the applicant. The Public Works and Utilities Department did not comment. If building alterations or improvements are needed that require permitting, permits must be obtained. The Building Division of CED; Interior changes will require building permits. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on September 14, 2012, the site was posted on September 12, 2012, and mailed to property owners within 300 feet of the subject property on September 12, 2012. No written public comment was received during the written public comment that ended on October 1, 2012. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Detennination of NonSignificance was issued for this proposed action on behalf of the City's SEPA Responsible Official on October 2, 2012,per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). The marine shoreline of the Port Angeles Harbor is considered an environmentally sensitive area. No other environmentally sensitive areas such as priority habitat or eelgrass beds exist in the vicinity of the project. The site is located entirely within the V5 flood zone(Flood Insurance Rate Map), described as areas of 100-year coastal flooding with velocity. This conditional use pen-nit review is the only environmental review required. In accordance with Section 15.12.240 PAMC, the Shoreline Substantial Development acts as the necessary floodplain permit. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The entire Comprehensive Plan and Municipal Code were reviewed with regard to the proposal. The references listed in Attachment C to this staff report were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals and policies, development regulations in the CBD zone are also included in Attachment B to this staff report. The City's Comprehensive Plan and Land Use Map identify the subject area as being designated Commercial. The site is found in the Harbor Planning Area. The subject site is zoned Central Business District. The Central Business District (CBD) zone is codified as Chapter 17.24 of the Port Angeles Municipal Code. The purpose of the CBDS zone is to " strengthen and preserve the area commonly k7iown 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..." Microbreweries are pennitted by conditional use permit in the CBD zone per 17.24.160(D) PANIC. No physical change to the site or exterior of the structure is being proposed, so no change in lot or site coverage is anticipated. The applicant has indicated that the approximately 6,500 square foot warehouse structure will be remodeled to accommodate a microbrewery operation with a tasting room, including food service. Approximately two thirds of the structure is identified as a production/management/storage area with the remaining approximately 2,250 square foot area CUP 12-06—Barhop Brewery Page 3 October 10,2012 being a tasting room/food service area. The east portion of the building will contain the brewing area, restrooms, and office. The south west quarter of the structure will be occupied with storage areas. The north west quarter of the structure will become the'Taproom'tasting area for customers. The use is not intended to be a typical restaurant, although restaurants are pennitted uses in the Central Business District zone. The main operation is to produce, distribute, and sell craft beer. The applicant has indicated that no noxious odors will be emitted from the brew operation. The operation will emit approximately 5 gallons of water from the brewing process during production times. There will be one brewer operating in the 1,500 square foot brewing area and 4 employees in the Taproom. The applicant has indicated his intention to increase the business volume to double this number of employees during the next year of operation, resulting in 2 employees in the brewery and up to a total of 8 for the taproom. Delivery is currently small enough to require only a non-nal pickup truck; however, neither the use of nor the storage of delivery trucks for an on-site use is prohibited in the Central Business District. The operation is planned to be seven (7) days a week from 8 AM to 10 PM. The use is not intended to provide entertainment activities. The application materials indicate that the intended use is as "a microbrewery and tasting room for the production, storage, and sales of beer." Micro breweries were identified as being conditionally pennitted uses in the City's Central Business District in 1994. A microbrewery differs from a brew pub or a restaurant due to the potential that the production of product may require some additional oversight. Depending on the site characteristics and intended operational plan, additional site safety features or pennitting may be required. As with most buildings in the CBD zone, this structure does not observe setbacks from adjacent businesses and does not have excess site area or individual parking areas. Signage must be in accordance with the requirements set forth in PANIC 14.36 (Sign Code). Signage and outside lighting should be placed such that they do not adversely affect residential high density uses in the area. The site is located in the City's Parking Business and Improvement Area (PBIA) and as such, is not required to provide on-site parking. 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 pen-nit must remain in continual compliance with the conditions of approval or the use may be revoked. All conditional use pen-nits shall become void one year from the date of granting such pen-nits if the use of the land or building or applying for necessary building pen-nits has not taken place in accordance with the provisions in granting the pen-nit per 17.96.070(D) PANIC. Given the similarity of uses to the proposed use found in the Central Business District, the Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 12-06 subject to 3 conditions supported by the 16 findings and 4 conclusions listed in Attaclunent A to this staff report: Attachments: A - Conditions, Findings, and Conclusions B - Application C - Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References CUP 12-06—Barhop Brewery Page 4 October 10,2012 ATTACHMENT A CONDITIONS,FINDINGS,AND CONCLUSIONS IN SUPPORT OF CUP 12-06 Conditions: 1. The applicant shall obtain all necessary permits from local and state agencies including the State Liquor Control Board and the Clallam County Health Department for the proposed use. An Industrial Users Permit shall be obtained from the City of Port Angeles Public Works and Utilities Department prior to commencement of the proposed brewing activity. 2. Modifications required by the City of Port Angeles Building Division and Fire Department shall be completed prior to occupancy. 3. If unanticipated adverse impacts are identified, the Planning Commission may apply additional conditions at that time. Findings: Based on the information provided in the Community Development Staff Report for CUP 12-06 dated October 10, 2012, 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. Tom Curry submitted Conditional Use Permit application CUP 12-06 to allow the establishment of a imicrobrewery at 124 Railroad Avenue. 2. The proposed site is Tidelands West North 120 feet of Lot 6&the North 120 feet of the east 1/2 of Lot 7 of Block 1 and is owned by John And Evelyn Westrem TTES. 3. The site is zoned Central Business District. Zoning in the surrounding area is Central Business District. 4. The site is located in the City's Harbor Planning Area, and the Comprehensive Plan designates the site as Commercial. Adjacent designations are entirely Commercial. Other development in the general vicinity includes commercial uses. Site access is from Railroad Avenue and the Front Street/Railroad Avenue Alley. 5. Micro breweries are listed as conditional uses in the Central Business District zone. 6. Site development includes an approximately 6,500 square foot warehouse structure located on the south side of Railroad Avenue. No changes are planned to the exterior of the stnicture. Interior remodel will result in the creation of an approximately 1,500 square foot production area where craft beer will be brewed and an approximately 1,500 square foot tasting room/food service area with the remainder of the structure being kitchen, festroom, storage and office area. 7. The site is located in the City' Downtown Parking Business Improvement Area(PBIA) where cooperative parking is provided. Every business in the PBIA is required to participate in the Improvement Area by yearly dues. The subject site has no area to provide off street parking. CUP 12-06—Barhop Brewery Page 5 October 10,2012 8. Per Section 14.40 of the Port Angeles Municipal Code, business parking within the City is calculated at 1 space for each 125 square feet of usable area for food service use. Because the use is within the PBIA, no on-site parking is required. 9. Per 17.96.050 PAMC, the Planning Commission shall consider applications for uses requiring a conditional use permit 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. 10. Per 17.96.070(D) PAMC, the conditional use may become void after one year from the date of granting such permit if the use of the land or building or applying for necessary building permits has not taken place in accordance with the provision in granting said requests. If unanticipated adverse impacts are identified following commencement of the use, the Planning Commission may apply mitigating conditions at that time. 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. 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 D, and Policy D.1; Transportation Element Policy B.14 and B.16; were found to be most relevant to the proposal. 12. Reviewing City Departmental comments were considered in the review of this application. The Public Works and Utilities Department will require a Minor Industrial Users permit for the discharge of waste into the City's utility system. The occupancy is classified as an F-2 per the Fire Department which does not require a sprinkler system. 13. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on September 14, 2012, posted on the site on September 12, 2012, and mailed to property owners within 300 feet of the subject property on July 13, 2012. Written public comment was accepted until September 12, 2012. No written comments were received during the public comment period. 14. A Detennination of Nonsignificance was issued for this proposed action on behalf of the City's SEPA Responsible Official on October 2, 2012, per WAC 197-11-355. This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). 15. The site is located within the shoreline jurisdiction and within the 100-year flood zone. No site alterations are planned other than a change in occupancy and the proposed use is permitted within the shoreline jurisdiction and zone. 16. The Planning Commission opened a public hearing on the proposal at the October 10, 2012, regular meeting. . 6 • CUP 12-06—Barhop Brewery Page 6 October 10,2012 Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-06 October 10, 2012, 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. The proposal is consistent with requirements for review and process of a conditional use permit as specified in PAMC 1796.050. As conditioned, unforeseen negative issues will be corrected by the applicant. 2. The activity is similar to other uses permitted in the City's Central Business District zone. 3. As conditioned, the proposal will comply with all development standards including off street parking, for such the specific activity, furthers the goals and policies of the City's Comprehensive Plan, and provides commercial infill as expected in the City's commercial zone. As such, the proposed activity is in the public interest. 4. As conditioned, future site development shall be in accordance with established standards for properties that contain environmentally sensitive areas. CUP 12-06—Barhop Brewery Page 7 October 10,2012 ATTACHMENT B COMPREHENSIVE PLAN GOALS,POLICIES, AND OBJECTIVES THAT SUPPORT THE USE AS A MICRO BREWERY BY CONDITIONAL USE PERMIT 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 Harbor Planning Area. The Comprehensive Plan was reviewed in its entirety with regard to the proposed application and several goals and policies were found to be relevant to the proposal. An analysis of compliance with those policies is as follows: Land Use Element Residential Goal A: "To guide current and fixture development within the Citv in a manner that provides certainty to its citizens about fixture land use and the flexibility necessary to meet the challenges and opportunities of the fxtture." 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." Land Use Element Commercial Goal D: To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Policy D.1- The City should encourage the recruitment of new and the retention of existing commercial developments and businesses, which are consistent with the goals and policies of this Comprehensive Plan. Transportation Element Policy B.14 - Off-street parking should be stxfficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. Transportation Element Policy B.16- Parking requirements should make allowances for shared parking facilities. 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 as Central Business District CbD. The purpose and intent of this zone is in part 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 largelv devoid of any impacts detrimental to the environment are allowed..." Conditional Use is defined as: "a use permitted in a zone but which requires a special degree of control to make such atse consistent and compatible with other existing or permissible uses in the same zone". A micro brewery is conditionally permitted in the CBD per PAMC 17.24.160(D) 17.96.0 50 Conditional Use Permit A. The Planning Commission shall consider applications jor Conditional Use Permits Of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may • i CUP 12-06—Barhop Brewery page 8 October 10,2012 grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if'the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible;detrimental, or hazardous conditions. B. In each application, the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and vvelfare, and to prevent depreciation of neighboring property. 17.96.070(D) Permits Void After One Year D. Pen-nits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s)has not taken place in accordance with the provisions in granting said requests. PARKING ORDINANCE PAMC 14.40. Table A, requires 1 off-street parking space for each 125 sq.ft. of area for restaurant/food service uses. 1 parking space per employee is required for warehouse use. A total parking requirement of ten(10)parking spaces is required for the proposal. ,t i' tt� � 138 r � 219 00, t, 101 124 "- `.`�` (� 101 141 \ y 101 01 125 212 Ong 217 130 e i CITY OF PORT ANGELES NOTICE OF POSTING RE: I PAT BARTHOLICK, state that on the /�- day of 2012, I posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. AFFIANT Subscribed to me this day of . C 2012. BERp3 o,�pRY NOTARY PUBLIC for the State of U = i ° v g + Washington, residing in Port Angeles z . TE brrM uN�� T/forms/affi davi tposting im 0 CITY OF PORT ANGELES NOTICE OF MAILING . I SUE ROBERDS, state that on the /,�, day of (� 2012, I mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.1=!0 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. AFFI&T Subscribed to me this �a day of Nt�_2012. V v NOTARY PUBLIC for the State of Washington, residinc, in Port Angeles Notary Public State of Washington JANESSA M. HURD MY COMMISSION EXPIRES MAY 27, 9914 T/forms/affidavitmailing CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC FEARING NOTICE IS HEREBY GIVEN that on September 7, 2012, the CITY OF PORT ANGELES received a conditional use permit application to allow a MICRO BREWERY AND TASTING ROOM use in the Commercial Arterial zone. The application was considered to be complete on September 10, 2012. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on OCTOBER 10, 2012 in consideration of the application. Interested parties are encouraged to comment on the proposal and to attend the public hearing that will be conducted at 6 PM, City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than October 1, 2012, to be included in the staff report on this matter. Information 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 APPLICANT: THOMAS CURRY dba BARHOP BREWING LOCATION: 124 W. Railroad Avenue For further information contact: Sue Roberds, (360) 417-4750 PUB: 09/14/12 POST: 0.7/12/12 MAIL: 0.7/12/12 T:\NOTICES\PCpubhchearing.wpd 0 Erickson Angeles Properties PA Warehousing 30 Perch Drive 217 W. 4" Street 814 W. 8" Street Sequim, WA 98382 Port Angeles, WA 98362 Port Angeles, WA 98362 Black Ball Transport Florence Chamberlain 4209 21" Avenue #307 1607 E. Beach Road Seattle, WA 98199 Port Angeles, WA 98363 CLASSIFIED ADVERTISING PROOF/RECEIPT CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on September 7, 2012, the CITY OF PORT ANGELES received a conditional use permit application to allow a MICRO BREWERY AND TASTING ROOM use in the Com- mercial Arterial zone. The application was consid- ered to be complete on September 10,2012. The CITY OF PORT ANGELES PLANNING COMMIS- SION will conduct a public hearing on OCTOBER 10,2012 in consideration of the application. Inter- ested parties are encouraged to comment on the proposal and to attend the public hearing that will be conducted at 6 PM, City Hall, 321 East Fifth Street, Port Angeles,Washington. Written com- ment must be submitted no later than October 1, 2012,to be included in the staff report on this mat- ter. Information may be reviewed at the City De- partment 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. APPLICANT:THOMAS CURRY dba BARHOP BREWING LOCATION: 124 W.Railroad Avenue For further information contact: Sue Roberds, (360)417-4750 Pub:Sept.14,2012 Legal No.422057 I Sue Roberds From: Ken Dubuc Sent: Tuesday, September 11, 2012 4:01 PM To: Sue Roberds; Eric Walrath Cc: Jeff Young Subject: RE: Barhop Brewery Good afternoon Sue— I met at the new site with Mr. Curry several weeks ago. I outlined my requirements at that time. Per our discussion, he knows that he will be required to upgrade the exit door in the southwest corner. He will also need to install lighted exit signs and exit illumination devices. He will also need fire extinguishers. His current plans call for the actual brewing equipment to be located in the side rooms. If he expands into the main area at the south end, he will need to enclose an exit passageway from the front (north) side, or he will need to add an exit door in the northwest corner. He is aware of all of this. Thanks, Ken From: Sue Roberds Sent: Tuesday, September 11, 2012 3:57 PM To: Eric Walrath; Ken Dubuc Cc: Jeff Young Subject: Barhop Brewery Dear Eric and Ken - You will recall that we processed a conditional use permit application last month for Tom Curry to establish a micro brewery in a warehouse structure in the Commercial Arterial zone directly south of Armory Square. Mr. Curry has changed his plans and is now intending to move the operation to 124 West Railroad Avenue - the "old" Captain T's building. He has been working with Roger to determine utilities needs and will be working with Jeff for his Industrial Users Permit. .Jeff worked with Mr. Curry at the earlier location. If anyone has any concerns with this new location, please speak up. Otherwise, I will process as before with the same conditions requiring any development to meet with current City standards. Sue 1 APpl. # ,/,c..� APPLICANT/ONVNER INFORMATION: Applicant: Address: Daytimephone : 36 d yid Applicant's representative(if other than applicant): Address: Daytime phone#: Property owner(if other than applicant): Address: Daytime phone#: PROPERTY INFORMATION: Street address: Legal description: A)o = + Zoning: t Comprehensive Plan'designation: Property dimensions: �, Property area(total square feet): 5- Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): F144 PROPOSED USE INFORMATION: Please describe the proposed conditional use: 6,V`O cw e IC 101— Number of employees: Hours of operation.: glaw, 4) �Number of of on-site parking spaces: Building area (total square feet of floor area for the proposed activity): 7 3 T6 SIGNATURES: Applicant: 2tatements are true andcoma Tete to the best o in �knowled e andacknowledge Icert��thatall of the aboveP .f J g that wilful misrepresentation of information will terminate this permit application. I have read this application in its entireo? and understand that nay submittal will be reviewed for completeness. If found to be complete the application will be scheduledfor the neat available Planning Commission meeting. If not complete,when requested information has been received the application will be scheduled for the neat available meeting. Signature — Date Owner(if other than.applicant): Iama the owner of the subject properoJ identified herein and approve of this application. Signature Date For Staff Use Only: Permit No. Appl. complete Add. Inib requested LEASE AGREEMENT--COMMERCIAL PREMISFBI E � nf/ E P.O. 2829 I Li l� V fl Sequim, WA 98382 OCT e t 2092 CITY OF POEN ANGELES Dept.of Community Development This LEASE, made this 28th day of August , 2012, by and between Bar Hop Brewing/Tom Cum , hereinafter called "Lessee" and _Evelyn Westrem / Westrem Property Management called "Lessor". WITNESSETH: PREMISES: The Lessor does hereby lease to the Lessee, those certain premises commonly known as 124 W. Railroad Avenue Port Angeles WA 98362 Said premises are as shown on Exhibit A attached hereto by this reference made a part hereof as though set forth (hereinafter called "premises"), and are situated on land described as; Northerly 120 feet of Lot 6 and the Northerly 120 feet of the Easterly one-half of Lot 7 Block 1 Port Angeles, hereto by this reference made a part hereof as though fully set forth. TERM: The term of this lease shall be for 60 months commencing on the 15th day of September, 2012 and shall terminate on the 31 st day of August , 2017. Rental rate schedule attached for each year. Option for extensions included. RENT: Lessee covenants and agrees to pay the Lessor, at the office of the Lessor located at Street (mailing: P.O. Box 2829, Sequim, WA 1 Clallam County, Washington or such other location as the Lessor may hereafter designate, monthly rent in the amount of One Thousand Two Hundred Dollars $ 1.200 in advance, on the first day of each month of the lease term. If the Lessee is in possession of the premises for a portion of a month, the monthly rent shall be prorated for the number of days of the Lessee's possession during that month. UTILITIES AND FEES: Lessee agrees to pay all charges for light, heat, metro an all other utilities and services to the premises during the full term of this lease. Above items included in the rental amount, if any are N/A. All other items including all license fees and other governmental charges levied on the operation of lessee's business on the premises will be paid directly by lessee. In the event the leased premises are part of a building or larger to which such charges are charged as a whole, Lessee agrees to pay, upon demand, a proper and fair share of said charges. COMMERCIAL LEASE AGREEMENT--PAGE 1 TAXES: To be paid by Lessor for in this agreement. Lessee agrees to pbase buildingsyear 2012 in icable to the premises, whieh aFe or become due and pay of, Lessee slia44 se ef the taxes en the building equal to the pefeentage ef the tetal fie4 fent area in thp hi deseFibed in Exhibit A whieh is equal te the ratie of the squafe feet ef the pfeffliseS tE) tile squar-e feet of net r-efit areas ef the building of Lessor-shall subfflit to Les the), beeome due and shall invoiee Lessee )f its peftion aeeefding te the pfevisiens ef this par-agfaph. Lessee shall pay such inveiee within thii4y If 41,0 term f 41.' Lease eammeneesZTnd terminates en dates ether than jafivaf�, 1 and Deeembe temi ethe ease. law, stattite E)f efdifianee lewying an), tax (other than state ef Feder-a! Ineeme Taxe+upen—rePA-s-, lessee shall pa�,sueh tax or-shall feimbur-se hessef en demand f6f an),sueh taxes paid by Lesson.— COMMON AREAS: If the premises are part of a building occupied by other tenants or the Lessor, Lessee agrees to conform to Lessor's rules and regulations pertaining to the parts of the building that are in common use by tenants and any rules and regulations pertaining to adjoining portions of the building adjacent to the leased premises. LESSOR'S REPRESENTATIONS: Lessor and Lessor's Agents have made no promises or representations with respect to the leased premises, the land or the building except as herein expressly set forth and no rights, easements, or licenses are acquired by the Lessee by implication or otherwise except as expressly set forth in the provisions of this Lease. The taking of possession of the premises by the Lessee shall be conclusive evidence that the Lessee has inspected the premises and accepts them and the building and that both were in good and satisfactory condition at the time possession was taken. REPAIRS AND MAINTENANCE: The premises have been inspected by the Lessee and are acceptable in their present condition. Lessee shall,at its own expense and at all times, keep the premises neat, clean and in a sanitary condition,and keep and use the premises in accordance with applicable laws, ordinance, rules, regulations and requirements of governmental authorities. Lessee shall permit no waste, damage or injury COMMERCIAL LEASEAGREEMENT--PAGE 2 on the premises; keep all drain pipes free and open; protect water, heating, gas and other pipes to prevent freezing or clogging; repair all leaks and damage caused by leaks; replace all glass in windows and doors on the premises which may become cracked or broken; and remove ice and snow from sidewalks adjoining the premises. Except for the roof, exterior walls and foundation, which are the responsibility of the Lessor, Lessee shall make repairs as necessary to maintain the premises in as good condition as they now are, reasonable use and wear and damage by fire and other casualty excepted. Lessee shall inform Lessor within 48 hours of the discovery of any condition of the premises requiring repair by the Lessee or Lessor. Failure to so inform the Lessor shall subject the Lessee to additional liability for damage done to the building or the premises by such failure. SIGNS: All signs or symbols placed by Lessee in the windows and doors of the premises, or upon any exterior part of the building, shall be subject to Lessor's prior written approval. Lessor may demand the removal of signs which are not so approved, and Lessee's failure to comply with said request within 48 hours will constitute a breach of this paragraph and will entitle Lessor to terminate this Lease or, in lieu thereof, to cause the sign to be remove and the building repaired at the sole expense of the Lessee. At the termination of the Lease, Lessee will remove all signs placed by it upon the premises, and will repair any damage caused by such installation or removal. All signs placed by the Lessee must comply with all applicable City ordinances and permits. ALTERATIONS: After prior written consent of the Lessor, Lessee may make alterations, additions and improvements in said premises, at Lessee's sole cost and expense. In the performance of such work, Lessee agrees to comply with all applicable laws and codes of any proper public authority, and to hold Lessor harmless from damage or claim of damage, loss or expense in connection therewith. Upon termination of this Lease and upon Lessor's request, or Lessor's approval, Lessee shall remove such improvements and restore the premises to its original condition not later that the term inationdate, at Lessee's sole cost and expense. Any improvements nor so removed shall be removed by the Lessor at Lessee's expense provided that Lessee shall pay also for any damage caused by such removal. CONDEMNATION: In the event a substantial part of the premises is taken or damaged by the right of eminent domain, or purchased by the condemner, in lieu thereof, so as to render the remaining premises economically untenantable, then this Lease shall be canceled as of the time of taking at the option or either party hereto. In the event of a partial taking, which does not render the premises economically untenantable, the rent shall be reduced in direct proportion to the leased property taken. Lessee shall have no claim to any portion of the compensation received for the taking of damaging of the land or building. Nothing herein contained shall prevent the Lessee from his or her entitlement to negotiate for his or her own moving costs and loss of his or her leasehold improvements. COMMERCIAL LEASE AGREEMENT--PAGE 3 PARKING: Lessee understands that parking is apportioned in conformity with controlling City zoning ordinances and that Lessor shall have the right to make such regulations a Lessor deems desirable for the control of parking automobiles on the real property described in Exhibit A or property under Lessor's control, including the right to designate certain areas for parking of the Lessee, employees of Lessee, Lessee's customers and other Lessees of space in the building or building owned or operated by Lessor. LIEN AND INSOLVENCY: Lessee shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee and shall hold Lessor harmless against the same. In the event Lessee becomes insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Lessee, Lessor may cancel this Lease at its option. SUBLETTING OR ASSIGNMENT: Lessee shall not, without the written consent of the Lessor, sublet the whole or any part of the premises, nor assign his or her rights under this Lease. Lessor's permission shall not be unreasonable withhold. This Lease shall not be assigned by operation of law. ACCESS: Lessor shall have the right to enter the premises at all reasonable times for the purpose of inspection of for making repairs, additions or alterations, and to show the premises to prospective tenants for sixty(60) days prior to the expiration of the Lease term. POSSESSION: If for any reason Lessor is unable to deliver possession of the premises at the commencement of the tenn of the Lease, Lessee may give Lessor written notice of its intention to cancel this Lease if possession is not delivered within thirty (30) days after receipt of such notice by Lessor. Lessor shall not be liable for any damages caused by such delay, and Lessee shall not be liable for any rent until such time as Lessor delivers possession. A delay of possession shall not extend the tern or the termination date of this Lease. If Lessor offers possession of the premises prior to the commencement date of the term of this Lease, and if Lessee accepts such early possession, then both parties shall be bound by all covenants and terms contained herein, including the payment of rent during such period of early possession. DAMAGE OR DESTRUCTION: In the event the premises are rendered untenantable in whole or in part by fire, the elements, or both casualty, Lessor may elect, at its option, not to restore or rebuild the premises and shall so notify Lessee, in which event Lessee shall vacate the premises and this Lease shall be terminated; or in the alternative, should the Lessor elect to rebuild or restore the premises, Lessee shall be notified in writing within thirty (30) days of the casualty loss that such work can be completed within one hundred and eighty (180)days. If Lessor is unable to rebuild or restore the premises within the one hundred and eighty(180) day period, then the Lease may be terminated at Lessee's option by written ten (10) day notice to the Lessor. COMMERCIAL LEASE AGREEMENT--PAGE 4 During the period of untenantability, rent shall abate in the same ratio as the portion of the premises rendered untenantable bears to the whole of the leased premises. ACCIDENTS AND LIABILITY: Lessor or its agent shall not be liable for any injury or damage to persons or property sustained by Lessee or another in and about the premises. Lessee agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to have been suffered on the premises by any person, firm or corporation, unless caused directly by Lessor's negligence. Lessee agrees to maintain public liability insurance on the premises in the minimum limit of$ 1,000,000.00 for property damage and in the minimum of $300,000.00 /$ 300,000.00 for bodily injuries and death, and shall provide the Lessor with an "Accord-Certificate of Liability Insurance" indicating that the insurance policy is in full force and effect. The Lessor has been named as an "additional insured", and shall be reflected in the "Certificate Holder" section of the Certificate. Also, the certificate must state that the policy may not be canceled unless thirty (30)days prior written notice of the cancellation has been provided to the Lessor. SUBROGATION AND WAIVER: Lessor and Lessee each herewith and hereby releases and relieves the other and waives its entire right to recovery against the other for loss or damage arising out of or incident to the perils described in standard flre insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington State, which occurs in, or about the premises, unless due to the negligence of either party, their agents, employees or otherwise. DEFAULT AND RE-ENTRY: If Lessee shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment or rent, and such failure continues for thirty (30) days after written notice from the Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter the premises, or Lessor may, without terminating this lease, re-enter said premises,' and sublet the whole or any part thereof for the account of the Lessee upon as favorable terms and conditions as the market will allow for the balance of the term of this Lease and Lessee covenants and agrees to pay to Lessor an deficiency arising from a re-letting of the remises at a lesser amount that herein agreed to. Lessee shall pay such a deficiency each month as the amount thereof is determined by Lessor. However, the ability of Lessor to re-enter and sublet shall not impose upon Lessor the obligation to do so. REMOVAL OF PROPERTY: In the event Lessor lawfully re-enters the premises as provided herein, Lessor shall have the right, but not the obligation, to remove all the personal property located therein and to place such property in storage at the expense and risk of Lessee. COMMERCIAL LEASE AGREEMENT--PAGE 5 COSTS AND ATTORNEY'S FEES: If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, and non-prevailing party agrees to pay all reasonable costs and attorney's fees incurred in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Lease may be in the county in which the premises are located. SUBORDINATION: Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust, placed on the property described in Exhibit A during the term of this Lease and any extension thereof, provided, that in the event of foreclosure, of Lessee if not then in default and agrees to attorn to the mortgagee or beneficiary under the Deed of Trust, such mortgagee or beneficiary shall recognize Lessee's right of possession for the remaining term of this Lease. WAIVER OF COVENANTS: Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any subsequent similar breach. This lease contains all the agreements between the parties; and there shall be no modification of the agreements contained herein except by written instrument signed by both parties. SURRENDER OF PREMISES: Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the premises without notice, leave the premises neat and clean and to deliver the keys to the premises to the Lessor or its agent. HOLDING OVER: If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease or any extension thereof, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month. BINDING ON HEIRS, SUCCESSORS AND ASSIGNS: The covenants and agreements of this Lease shall be binding upon the heirs, executors, administrator, successors and assigns of both parties hereto, except as herein above provided. USE OF THE PREMISES: Lessee shall use the premises for the purpose of conducting the business of Microbrewery &Tavern and for no other purposes, without written consent of the Lessor. In the event Lessee's use of the premises increases the fire and extended coverage or liability insurance rates on the building of which the premises are a part, Lessee agrees to pay the amount of such increase. Lessee's use of the premises shall conform to all applicable laws, statutes, ordinances and regulations applicable to such use. COMMERCIAL LEASE AGREEMENT--PAGE 6 Nothing shall be done or permitted on the premises, which would interfere with the use and enjoyment of any other Lessee of the Lessor(should the Lessor occupy part of the building). NOTICE: any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid, addressed to the Lessor at: P.O. Box 2829, Sequim WA 98382 or hand delivered to the Lessee at: 124 W. Railroad Avenue, Port Angeles WA 98382 or mailed to: at such other address as either party may designate to the other in writing from time to time. Owner: Phone: Sequim RIDERS: Riders, if any, attached hereto, are made a part of this Lease by this reference as though fully set forth and are described as follows: TLME IS OF THE ESSENCE OF THIS LEASE. EXECUTION: If Lessee is a corporation, each individual executing his Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the ByLaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. If Lessee is a corporation, Lessee shall, within thirty (30) days of the execution of this Lease, deliver to Lessor a certified copy of a resolution of the Board of Directors of said corporation authorizing or ratifying the execution of this Lease. GOVERNING LAW: The parties hereto agree that the interpretation of the provisions of this agreement shall be governed by the law of the State of Washington. COMMERCIAL LEASE AGREEMENT--PAGE 7 IN WITNESS WHEREOF, the parties hereto have set their hands to this Lease on the date first above written. Lessor: Owner Lessees Title: Owner Lessor: Owner Lessees Title: Attachments: Rental Rate Schedule Exhibit A - Plat Map Inventory/Fixtures list COMMERCIAL LEASE AGREEMENT--PAGE 8 Rent Schedule — 124 W. Railroad Avenue Bar Hop Brewing First year: September 15, 2012 thru August 31, 2013 rental rate $ 1,200 per month. Second year: September 1, 2013 thru August 31, 2014 rental rate $ 1,200 per month. Third year: September 1, 2014 thru August 31, 2015 rental rate $ 1,500 per month. Fourth year: September 1, 2015 thru August 31, 2016 rental rate $ 1,800 per month. Fifth year: September 1, 2016 thru August 31, 2017 rental rate $ 1,800 per month. 5 year Option for renewal included, rate to be negotiated 60 days in advance or by June 30, 2017. estrem Property 124 W. Railroad Avenue - Inventory / Fixtures list Si ns: Misc: Cashier 36" round saw table Neon "OPEN" 2 bicycles Fire Extinguisher Built in Fair-Banks Morse scale Drugs Cut Rate Safe: Seattle, P.A. & Western RR Pittsburg Paint Dibold Safe & Lock Co.-Canton, Ohio Port Angeles RR sign Whale rib bone Fresh Live Oysters (2) Gas Pump-Boeser Sweets and Treats Ship Ventilator (Canadian) COHO Salmon Lighted Curio Cabinet Adams Tailor Coke Machine Railroad Crossing Hardwood tobaoggan Goodyear Tires 2 R.R. 48" doors Tracks Agnew RR sign Merchandise Carnation fresh milk Coca Cola Danger no clearances, Hinman Milkers APPLXCATION FEES ` {`$ <;,,•_-� "'^�•»��:�`., FOR OFFICE USE ONLY `X�",. Date Rec'd: 9��//Z— CUP: $500&$350(SEPA) Total$850 File Numbei-22 'I Admuusfaative CUP------- CITY OF PORTANGELES H'TB# 2 -f s e. t Receiued.by: $200 & $125 :$325 CONDITI'O�1AL,;USE PERMIT' IDS R P 9 Total:$325 APPUGv*TION SEP - 7 2012 CITY OF PORT ANGELES Debt.of *IMPORTANT *PLEASE READ ** 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 strictures and parking spaces, setbacks and sigilificant 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 propertj7 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 infonnation regarding all aspects of your project. The Planning Commission's decision and staff recommendation will be based on the information contained in Us application, and will be limited to the proposal as presented. Changes to your project from what is submittedmay result in the delay ofyourproject's reWew. 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, tune 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) �o 7') `�1 �f ka'l ro0. 31 2 .r �l a � to :.T l vi 1 mod Mr. Dan Mc Keen City Manager City of Port Angeles NDept. 321 East 5th Street- P.O. Box 1150Port Angeles, WA 98362G 2o12 PORT ANGELES mmunity Development August 28, 2012 RE: Conditional Use Permit Fee Barhop Brewing 124 W. Railroad St Dear Mr. Mc Keen, I am writing this letter requesting that the City of Port Angeles waive the Conditional Use Permit fee for Barhop Brewing at 124 W. Railroad Street, Port Angeles, WA. I am making this request because I have just gone through the Conditional Use Permit process to move my brewery to 325 W. 2nd Street but as we were coming down the final stretch and I was finalizing the move, it was brought to my attention that I would need to install a second sewer hookup which would have been cost prohibitive. So I stopped the move and started looking for an alternative location Currently Barhop is set up as two separate businesses. I own Barhop Brewing on the west side of town, and I own our retail outlet, Barhop Taprooms LLC, which is operating under a tavern license, at 110 N. Laurel. It is my intent to close both existing businesses down and move under one roof with one liquor license, our Micro-brewery license Barhop Brewing. I currently employ 4 part time employees at our Taproom and 1 full time employee at the brewery. Last year,our first full year in business, we did a combined sales of approximately$70,000. In 2012, we are on pace to break$100,000 in combined sales.This has been accomplished in a limited two year local test market. As we expand the brewery capacity, and enhance our retail location our conservative proforma for 2013 estimates combined sales in excess of$225,000.That number is projected to double again in 2014. It is my intent to double the existing workforce in 2013, taking on a second full time employee at the brewery, and adding up to 4 more part time employees in the retail/taproom side of the business. The craft beer business is on an exponential growth curve, with market share expanding 12% each year since 2009, and year to date for 2012 have the industry expanding another 14%. 1 have assisted another small craft brewer get licensed, and we are selling their beer at our Taproom. It is my desire to create a 0 synergy within the local beer makers who want to try and get into commercial brewing. I believe it will be good for Barhop and good for Port Angeles. Having said all the above, we are a start up business, and I just spent$850 dollars on the Conditional Use Permit at 325 W Second Street. I value the work of the city and the city employees, however, I could use this$850 to assist getting our new location open.And although the numbers I mentioned are good, and the forecast is solid, I am cash flowing the business out of my own pocket, and quite frankly, I cannot afford another$850 for a second conditional use permit. It would be greatly appreciated if the City could forego the permitting fee at the 124 W Railroad location. Thank you for your consideration. Sincerely, Tori Curr Owner Barhop Brewing