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HomeMy WebLinkAbout214 Laurel Street 214 Laurel Street CUP 16-02 Port Angeles, WA Code of Ordinances Page I of 2 17.94.190 - Exceptions, variances and adjustments. A. Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception. The Director may grant an exception to stormwater development minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the applicant must provide written documentation considering the following: 1. The current(pre-project) use of the site; and 2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and 3. The possible remaining uses of the site if the exception were not granted; and 4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and 5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and 6. The feasibility for the owner to alter the project to apply the minimum requirements. B. The Director shall consider and document with findings of fact the applicant's request. In addition the Director shall determine and document the exception meets the following criteria: the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requirements. C. Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following: I 1. The adjustment provides substantially equivalent environmental protection. 2. Based on sound engineering practices, the objectives of safety, function, environmental about:blank 10/10/2017 Port Angeles, WA Code of Ordinances Page 2 of 2 protection and facility maintenance, are met. (Ord. 3568 § 2, 12/20/2016) about:blank 10/10/2017 0 Allyson Brekke From: David Amoroso <snowbrdr2913@yahoo.com> Sent: Tuesday, July 11, 2017 121 PM To: Allyson Brekke Subject: Surface and occupancy square footage. Allyson, Here are the numbers you requested on my business at 214 S Laurel st. The current cement coverage is 1,799 square feet. The request is to add another 538 square feet of walkway. We currently have 355 square feet of public access area planned and 708 square feet of production area.The rest of the square footage is designated for a private residence.Thank you for your time and patience in this matter. David Amoroso. ov, -7 t,r um 6,4 Cj/ bi Are 4z et 4-o 74 ^jai nil Lkc, Alcd a4l9/0 o/- ) . poj��7 On' re t C)u To- (,Atfef( LA VI) vi I 1,9 -4 Ap �10 6011 �,K 'f - - - -I 41 214 AV VO vk� X 213 cb 217 It 219 Water main 10 AWater main Feet N Th,. SWater main �fhu—p-d—.g 4.11 h�d.—p..ibdN of1h,Cq� Electrical distribution I&H—rd D—-VAP 83191 Area Map Spa-CQ -VO., 04 Stme-t To: Director of Publ,ic Works am writing this letter because of a requirement to use permeable surfaces when constructing a parking lot. The proposed parking lot is a total of five spaces including one van handicap accessible space located in the ally way of 214 S. Laurel St. in Port Angeles. The current footprint is made of an impervious surface and I would like to repair this surface as well as add some needed walkways for handicap accessibility. If I were to use the required permeable surface it would incur construction cost that I would not be able to afford. So I am requesting a variance to not disconnect from the city sewer system and to be allowed to procee,d with construction using impervious materials while updating the safety and integrity of the current surface. Thank you for your time and consideration. David Amoroso Minister Brewing Company LLC. 214 S. Laurel Street Port Angeles WA, 98362 To: Director of Pu*c Works 0 1 am writing this letter because of a requirement to use permeable surfaces when constructing a parking lot. The proposed parking lot is a total of five spaces including one van handicap accessible space located in the ally way of 214 S. Laurel St. in Port Angeles. The current footprint is made of an impervious surface and I would like to repair this surface as well as add some needed walkways for handicap accessibility. If I were to use the required permeable surface it would incur construction cost that I would not be able to afford. So I am requesting a variance to not disconnect from the city sewer system and to be allowed to proceed with construction using impervious materials while updating the safety and integrity of the current surface. Thank you for your time and consideration. r-N ,. .:A A UCIVIU Arl-10roso Minister Brewing Company LLC. 214 S. Laurel Street Port Angeles WA, 98362 Allyson Brekke From: Jonathan Boehme Sent: Thursday, June 29, 2017 7.-19 AM To: Allyson Brekke Subject: RE: Sanitary Sewer PAMC Reference Allyson, I think there is some confusion, it's not specifically permeable pavement that is required,this was just an option given. What is required is not allowing new surfaces to discharge to the sewer system. This is located at a number of locations in PAMIC, one such location: 13.06.030 C, where it references prohibited discharged unless approved by the Director. Thanks, Jonathan Boehme Phone: 360-417-4811 From:Allyson Brekke Sent:Wednesday,June 28, 2017 7:37 PIVI To:Jonathan Boehme<Jboehme@cityofpa.us> Subject:Sanitary Sewer PAMC Reference Jonathan Can you help me better understand where in the PAIVIC it speaks to the requirement of permeable pavement when new hard surface is proposed that drains into the City's sanitary sewer system? It would be helpful to have this on hand so I can keep it in mind for future development review projects. Thanks so much, Allyson Brekke,AlCP Planning Manager I City of Port Angeles Community& Economic Development 360.417.4752 (p) I abrekke@citvofpa.us 321 East 5th Street Port Angeles, WA 98362-0217 www.cityofpa.us GELES POR- TAN W A S H I N G T 0 N, U . S. A. COINIMUNITY& ECONOMIC DEVELOPMENT TO: Port Angeles Hearings Examiner FROM: Ben Braudnick,Assistant Planner V on AUi DATE: May 26, 2016 F-0 C,�eot RE: Conditional Use Permit CUP 16-02 APPLICANT: David Amoroso OWNER: James and Debra Amoroso LOCATION: 214 South Laurel Street REQUEST: Establish a Microbrewery and Tasting R District Zone RECOMMENATION: Staff recommends that the Hearings Examiner approve UDr iu�uz wirn:) con-diti-o—ns-citing-13— Findings, and 4 Conclusions. EXISTING CONDITIONS IN AREA: The subject property is located at 214 South Laurel in the Community Shopping District(CSD) zone.The site is the north 59 feet of Lots 19 and 20, Block 53, of the Townsite of Port Angeles. The site it 5,909 square feet in area. The primary site access is obtained from Laurel Street,and has side parking access from the 2 d/3'Alley. The site is located between 2 nd Street to the north and 3' Street to the south. The site is built out with an existing structure with an attached garage with a two living units located in the second story and above the garage. The site is zoned Community Shopping District. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Fire Department had no comment. The Police Department had no comment. The Public Works and Utilities Department asked that the applicant fill out an Industnial Pre-Treatment form before a certificate of occupancy is obtained to determine the level of impact the use will have on the City's wastewater utility. Comments made on a previous rezone REZ 16-01 related specifically to transportation issues in nearby angled parking on 2 nd Street and restrictive visibility at the intersection of 2 n'and Lincoln. The Building Division required that all necessary building permits be pulled before a Certificate of Occupancy is granted. PORTNGELES A V ml� WASHINGTO N, U . S. A. DEPARTMENT OF COMMUNITY&ECONOMIC DEVELOPMENT TO: Port Angeles Hearings Examiner FROM: Ben Braudrick,Assistant Planner DATE: May 26,2016 RE: Conditional Use Permit CUP 16-02 APPLICANT: David Amoroso V OWNER: James and Debra Amoroso LOCATION: 214 South Laurel Street Cji all t revieAlle REQUEST: Establish a Microbrewery and Tasting Rool District Zone RECOMMENATION: HTZ, Staff recommends that the Hearings Examiner approve cu Findings,and 4 Conclusions. EXISTING CONDITIONS IN AREA: The subject property is located at 214 South Laurel in the C zone.The site is the north 59 feet of Lots 19 and 20,Block 53,of th� it 5,909 square feet in area.The primary site access is obtained access from the 2 /3'Alley.The site is located between 2'Street to the north and 3'Street to the south. The site is built out with an existing structure with an attached garage with a two living units located in the second story and above the garage.The site is zoned Community Shopping District. DEPARTMENT COMMENTS: City Departments reviewed the proposal and provided the following comments: The Fire Departmen had no comment. The Police Dgpartment had no comment. The Public Works and Utilities Dppartment asked that the applicant fill out an Industrial Pre-Treatment form before a certificate of occupancy is obtained to determine the level of impact the use will have on the City's wastewater utility.Comments made on a previous rezone REZ 16-01 related specifically to transportation issues in nearby angled parking on 2'Street and restrictive visibility at the intersection of 2'and Lincoln. The Building Division required that all necessary building permits be pulled before a Certificate of Occupancy is granted. CUP 16,02—Minister Brewing Page 2 May 26,2016 PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on May 8,2016; the site was posted on May 5, 2016; and mailed to property owners within 300 feet of the subject property on May 6, 2016. No written public comment was received during the written public comment period which ended on May 22, 2016. BACKGROUND/ANALYSIS: The applicant has indicated that of the approximately 2,300 square feet of available space, 500 square feet would be remodeled into brewing associated space; 358 square feet would be provided as a tasting room and public restroom. The tasting room, associated office,and public/pnivate bathrooms would be located in the eastern portion of the structure. Brewing and storage associated space will be located in the center of the structure; and the garage and above living unit will remain on the western portion of the structure. The business will be owner operated with no current plans to hire additional employees for the brewing and taproom service. The 358 square feet associated with customer visitation and the taproom will require 3 parking spaces, one of which requires meeting Americans with Disabilities(ADA) standards, and 2 spaces associated for each of the existing residences.The site has a proposed 7 parking spaces available,meeting the current parking standards for land uses related to restaurants,taverris and any other establishments for the sale and consumption of food,alcoholic beverages or refreshments with sit down space of 125 square feet per space. Delivery is currently small enough to require only a normal sized passenger vehicle,however neither the use of nor the storage of delivery trucks for an onsite use is prohibited in the Community Shopping District. The operation will require the addition of one parking spot onsite or through a parking agreement offsite to accommodate delivery truck service should the business require one. The operation is planned to be seven(7)days a week from 12 PM to 8PM. The use is not intended to provide entertainment activities. The applicant has indicated that no noxious odors will be emitted from the brew operation. The operation will emit approximately I gallon of water from the brewing process during the production times. The application materials indicate that the intended use is as a"'microbrewety with tasting room". Microbrewen'es were identified as being conditionally permitted uses in the City's Community Shopping District in 2007. A microbrewery and tasting room differs from a brewpub or a restaurant in that production of the product is the primary focus of the business. Depending on the site characteristics and intended operational plan,additional site safety features or permitting may be required. The CSD zone requires"no structure being built within 15.pet of an alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend ten fieet along the alley and 15.feet along the edge of'the driveway."The current structure does not meet these setback requirements,but the proposed action will not increase the structure's current non-conformity. Signage must be in accordance with the requirements set form in PAMC 14.36 (Sign Code). Signage and outside lighting should be placed such that they do not adversely affect high density residential uses in the area. Parking must be in accordance with PAMC 14.40(Off-Street Parking) ZONING CODE AND COMPREHENSIVE PLAN LAND USE MAP: The entire Comprehensive Plan and Municipal Code were reviewed with regard to the proposal. The references listed in Attachment B to this staff report were found to be the most relevant to the proposal. In addition to the Comprehensive Plan goals,policies, development regulations in the CSD zone are also included in Attachment B to this staff report. The City's Comprehensive Plan and Land Use Map i ify the subject area as being within the imprecise margin between High Destiny Residential and Commercial designations. The subject site is zoned Community Shopping District. The Community Shopping District (CSD) zone is codified as Chapter 17.22 of the Port Angeles Municipal Code. The purpose of the CSD CUP 16-02—Minister Brewing Page 3 May 26,2016 zone is to serve'"the daily needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition areafirom the most restrictive commercial zones to those qf' lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections qfarterial streets qfstif .ficient size to sati.�6-trqffic demand and at the boundaries of* neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid ofany impacts detrimental to the environment are allowed."Microbreweries are pen-nitted by conditional use permit in the CSD zone per 17.22.160(G) PANIC. No physical change to the site or extenor of the structure is being proposed,with the exception of the installation ADA lift to service the ADA parking space being provided. STATE ENVIRONMENTAL POLICY ACT(SEPA)RIEVIEW: A Determination of Non-Significance has been adopted and issued for this proposed action from DNS #1372 on behalf of the City's SEPA Responsible Official on May 12,2016 per WAC 197-11-340(2).This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). Attachments: A—Conditions, Findings,and Conclusions B—Zoning Code Ordinance,Comprehensive Plan,and Other Municipal Code C—Application CUP 16-02—Minister Brewing Page 4 May 26,2016 ATTACHMENT"A" CONDITIONS, FINDINGS,AND CONCLUSIONS .Conditions: I. The applicant shall obtain all necessary pen-nits from local and state agencies including the State Liquor Cannabis Board and the Clallam County Health Department for the proposed use. 2. An Industrial Pre-Treatment form is required to be filled out to detennine the need for a wastewater discharge permit from the Port Angeles Wastewater Division. 3. Modifications required by the City of Port Angeles Building Division and Fire Department shall be completed prior to occupancy. 4. If unanticipated adverse impacts are identified, the Hearings Examiner may apply additional conditions at that time. 5. In accordance with the City's parking requirements detailed in 14.40 PANIC,the applicant shall maintain one parking spaces per 125 square feet of tasting space not related to food preparation, and two spaces per residence onsite. Findings: Based on the infonnation provided in the Community Development Staff report for CUP 16-02 dated May 26, 2016,including all information in the public records file,comments and testimony . presented during the public hearing,the Hearings Examiner discussion and deliberation,and the above listed conditions of approval, the City of Port Angeles Hearings Examiner hereby finds that: I. David Amoroso submitted Conditional Use Penult Application Cup 16-02 for the establishment of a microbrewery at 214 South Laurel Street. 2. The proposed site is the north 59 feet of Lots 19 and 20, Block 53,Townsite of Port Angeles and is owned by James and Debra Amoroso. 3. The site is zoned Community Shopping District. Zoning in the surrounding area is Community Shopping District and Residential High Density. The City's Comprehensive Plan and Land Use Map identify the subject area as being within the imprecise margin between High Destiny Residential and Commercial designations. 4. Microbreweries are listed as conditional uses in the Community Shopping District zone. 5. Site development includes an approximately 2,300 square foot single family residence with a 484 square foot garage and 600 square foot residence above. No changes are proposed for the exterior of the structure. The primary residence will be partially converted into a 358 square foot taproom and public restroom,and 500 square feet associated with production,with the remainder consisting of a second story residence and office space. 6. Per Section 14.40 of the Port Angeles Municipal Code,business parking within the city is calculated I space for every 125 square feet of useable,area for food service use. A total of 358 square feet of usable area is being'proposed for the use,requiring 3 parking spaces, one of which must meet the Americans with Disabilities Act standard. The attached residences requires 4 parking spaces. A minimum of 7 spaces is required to be maintained onsite or through a written and valid parking agreement with a business within 500 feet of the subject site. 7. Per 2.18.060 PANIC,the Hearings Examiner shall consider applications for Administrative General Conditional Use Permit uses as specified in the applicable Chapter of the Zoning Regulations. The Hearings Examiner 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 hearings Examiner may impose whatever restrictions or conditions are considered essential to protect the public health, CUP 16-02—Minister Brewing Page 5 May 26,2016 safety,welfare, and to prevent depreciation of neighboring property. The Hearings Examiner 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. 8. 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 pen-nits has not taken place in accordance with the provision in granting said requests except in circumstances where the applicant has submitted a wnitten communication indicating need of additional time to satisfy conditions of approval. If unanticipated adverse impacts are identified following the commencement of the use,the Heanings Examiner may apply mitigation at the time. A development that is approved thought the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy A.2; Land Use Element Goal D, and Policy D.1; Transportation Element Policy B.14; were found to be most relevant to the proposal. 10. Reviewing City Departmental comments were considered in the review of this application. The Public Works and Utilities Department will require the applicant to submit Industrial Wastewater Pretreatment Questionnaire and Disclosure Form to determine the level of impact the microbrewery will have on the City wastewater system. 11. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on May 8,2016,posted on the site on May 5,2016 and mailed to property owners within 300 feet of the subject property on May 5,2016. Written public comment was accepted until May 22,2016. No wnitten comments were received during the public comment period. 12. A Determination of Non-Significance has been adopted and issued for this proposed action from DNS #1372 on behalf of the City's SEPA Responsible Official on May 12,2016 per WAC 197- 11340(2). This satisfies the City's responsibility under the State Environmental Policy Act (SEPA). 13. The Hearings Examiner opened the public heaning on the proposal at the May 26,2016 special meeting. 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: I. The proposal is consistent with requirements for review and process of a conditional use pen-nit if 1 as spec ied 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 Community Shopping Distnict 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 16-02-Minister Brewing Page 6 May 26,2016 ATTACHMENT"B" CON11PREHENSIVE PLAN REVIEW: Designation Policies The following policies appear to be the most relevant to the proposed project: 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 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 Elementa Goal A Policy A.2- "All land use decisions and approvals made by the City Council andlor any(?f 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.]- The City should encourage the recruitment oJ'new and the retention qf existing commercial developments and businesses, which are consistent with the goals andpolicies of this Comprehensive Plan. Transportation Element Policy B.14-0JJ-'street parking should be suf .ficient and accessible within business and residential areas to ensure that the trafficflow Qf the street is not impaired. ZONING CODE REVIEW: 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 Community Shopping District, CSD. The purpose and intent of this zone is in part to serve"the daily needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition areaftom the most restrictive commercial zones to those qflesser restrictions. Businesses in this zone may occur on sites Qf varying sizes and shall be located at the intersections qf arterial streets Qfsqf .ficient size to satisft trqf .fic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid oJ'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 use consistent and compatible with other existing or permissible uses in the same zone". A microbrewery is pen-nitted by conditional use permit in the CSIJ zone per 17.22.160(G) PAMC. 17.96.050 Conditional Use Pen-nit A. The Planning Commission shall consider applications for Conditional Use Pen-nits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the.use is located, consistent with the Comprehensive Plan,and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the charactenistics of the intended use as CUP 16-02—Minister Brewing Page 7 May 26,2016 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 pen-nits 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, except in circumstances where the applicant has submitted a written communication indicating need of additional time to satisfy conditions of approval. PARKING ORDINANCE PAMC 14.40. Table A,requires I off-street parking space for each 125 square feet of area for restaurant/food service uses. CITY OF PORT ANGELES 321 East Fifth Street Port Angeles, WA 98362 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that the City of Port Angeles Heanings Examiner took the following action on May 31, 2016: Approval of a Conditional Use Permit to allow the operation of a microbrewery and tasting room at 214 South Laurel Street in the CSD, Community Shopping District Zone. Appeal of this decision must be made within 14 days to the Port Angeles City Council or be barred. For further information, please contact Ben Braudrick, Assistant Planner, Department of Community& Economic Development, 321 East Fifth Street, Port Angeles, Washington, (360) 417-4804. Pub: 06/05/16 BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ANGELES In the Matter of the Application of NO. CUP 16-02 DAVID AMOROSO FINDINGS OF FACT, for a Conditional Use Permit CONCLUSIONS OF LAW AND DECISION SUMMARY OF DECISION The application for a conditional use permit to operate a microbrewery and tasting room in.the Community Shopping District is APPROVED, subject to conditions. SUMMARY OF RECORD Request: The applicant is proposing to establish and operate a microbrewery and tasting room in the Community Shopping District. Hearing Date: On May 26, 2016, a public hearing on the application was conducted before Lauren Erickson, City of Port Angeles Hearing Examiner. Testimony: At the open record hearing the following individuals presented testimony under oath: Benjamin Braudrick, City of Port Angeles Scott Johns, City of Port Angeles. David Amoroso, applicant Nathan McBane Exhibits: Exhibit 1 Staff Report City of Port Angeles 321 East Fifth Port Angeles, WA 98362 Having reviewed the record in full, including the above referenced exhibits and the testimony of the witnesses, the Hearing Examiner enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT I. The applicant is seeking to establish and operate a microbrewery and tasting room. 2. The subject property is located at 214 South Laurel Street, Port Angeles, Washington. The property is described as the north 59 feet of Lots 19 and 20, Block, of the Townsite of Port Angeles. The lot is approximately 5,909 square feet in size. 3. The subject property is zoned Community Shopping District(hereafter, CSD). According to the City of Port Angeles's Comprehensive Plan, the property is situated within the imprecise boarder of the High Density Residential and Commercial Designations. 4. Microbreweries are allowed by conditional use permit in the CSD zone. 5. The property is developed with an existing structure with an attached garage. There are two living units in the second story of building, with one being located above the garage. 6. Of the approximate 2300 square feet of available space, 500 square feet will be remodeled in to brewing associated space; 358 square feet will be provided for the tasting room and public restroom. The tasting room, associated office, and public/private bathroom will be located in the eastern portion of the structure. Brewing and storage space will be located in the center of the structure. The garage and the above the garage living space are located on the western side of the structure. 7. The business will be owner operated and there are no current plans to hire employees for the brewing or taproom. 8. The 358 square foot tap room will require three parking spaces one of which must meet the American with Disabilities Act standards. Two spaces are required for each of the residences. The property has seven parking spaces available. 9. The business will operate seven days a week from 12 PM to 8:00 PM. 10. The applicant states that the business will not produce any noxious odors. 2 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 0 11. The operation will emit approximately one gallon of water from the brewing process during production. 12. There are no planned changes to the exterior of the residence; however, an ADA lift will be installed to service the ADA parking space being provided. 13. The existing structure in not in compliance with the current set back requirements; however, the proposed use will not increase the structure's current non- conformity. 14. On May 12, 2016, a Determination of Non-Significance was issued for the project. 15. On May 8, 2016, notice of the application and public hearing was published in the Peninsula Daily News. On May 5, 2016, notice of the application and public hearing was posted on the subject property. On May 6, 2016, notice of the application and public hearing was mailed to property owners located within 300 feet of the subject property. 16. No public comments were received. No members of the public appeared at the public hearing. 17. A copy of the application was circulated to City Departments. The Police and Fire Department had no comment. 18. The Building Division of the Department of Community and Economic Development commented that all building permits be pulled before a Certificate of Occupancy is granted. 19. The Public Works and Utilities Department requested that prior to the issuance of a 'fi certi icate of occupancy, that the applicant complete an Industrial Pre-Treatment form in order to determine the level of impact the use will have to the City's wastewater utility. CONCLUSIONS OF LAW 1. The Hearing Examiner has jurisdiction to hear this matter. 2. Notices of the application and public hearing were properly given. 3. Pursuant to PAMC 17.96.050, conditional use pen-nits may granted if consistent and compatible with the purpose of the zone in which the use is located, 3 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 consistent with the Comprehensive Plan and not contrary to the public use and interest. 4. In applying the law the to facts of the application herein, the undersigned concludes the proposal is consistent and compatible with the purpose of the zone in which it is located. The purpose of the CSD is to serve the daily needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition from the most restrictive commercial zones to those of lesser restnictions. The proposed use may not be what is generally thought of as a "daily need"; however, other uses allowed outright in the CSD zone include activities such as cocktail lounges and taverns (with some restrictions), specialty shops, and commercial recreational activities such as bowling alleys and arcades. It would seem that in this context, the term "daily need" is an expansive one and not limited to activities that people/shoppers would find to be essential. Moreover, the proposed use is the kind of commercial activity that helps support a shopping district as a whole. 5. In applying the law to the facts of the application herein, the undersigned concludes the proposal is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is "to create and maintain a healthy and diverse commercial sector for a balanced and stable local economy." The proposal herein supports this goal. The proposed use is a fresh type of business that helps create diversity of among the City's commercial enterprises. 6. There is nothing to indicate the proposal is in any way contrary to the public use and interest. DECISION Based upon the foregoing Findings of Fact and Conclusions of Law, the application for a conditional use pen-nit is APPROVED, subject to the following conditions: DECIDED this 31 st day of May, 2016. Lauren Erickson, Hearing Examiner 4 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 CONDITIONS 1. The applicant shall obtain all necessary permits from local and state agencies including the State Liquor Cannabis Board and the Clallarn County Health Department for the proposed use. 2. The applicant shall complete and submit an Industrial Pre-Treatment form to determine the need for a wastewater discharge permit from the Port Angeles Wastewater Division. 3. Modifications required by the City of Port Angeles Building Division and Fire Department shall be completed prior to occupancy. 4. If any unanticipated adverse impacts are identified, the Hearing Examiner may impose additional conditions at that time. 5. In accordance with the City's parking requirements detailed in 14.40 PANIC, the applicant shall maintain one parking space per 125 square feet of tasting space not related to food preparation, and two on site spaces per residence. 6. The proposed use shall remain in compliance the City of Port Angeles's parking and sign codes. 5 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 0 DETERMINATION OF NONSIGNIFICANCE AND ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT Description of current proposal Conduct the operation of a microbrewery and tasting room in the Community Shopping District zone - Proponent David Amoroso Location of current proposal 214 Laurel Street, Port Angeles WA, 98362 Title of document being adopted DNS #1372 Date adopted document was prepared 5/3/2016 Description of document (or portion) being adopted A rezone of Lots 19&20, Block 32 TPA; Lot 1 Block 53, TPA; Lots 1&2, Block 70, TPA from CO, Commercial Office and RHD, Residential High Density to CSD, Community Shopping District. If the document being adopted has been challenged (WAC 197-11-630), please describe: The document is available to be read at (place/time) Port Angeles.City Hall M-F 8 am — 5pm. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (.EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. • There is no comment period for this DNS. • This DNS is issued under WAC 197-11-340(2); the lead agency will not act on the proposal for 14 days from the date below. Comments must be submitted by We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency adopting document City of Port Angeles Contact person, if other than responsible official Ben Braudrick Phone 360-417-4804 Responsible official Nathan A. West Position/title Director, Community and Economic Development Phone 360-417-4751 Address 321 E. 5 th Street, Port Angeles WA, 98362 Date 05/12/2016 Signature 44 IlYN LM 4.;* LyA� IrL Ln <vo "DeovTt5 PAic. haeL,, Aop. f44 00", 6- Z 7A -11 V j77- J� LA 7>1 A-- IA LAuzrL-- UJI Ok 109 208 37, ADA \ICLV\ �f PLER- 'P41 isle lit 64 L 214 218 Wa er main 1 10 —1 Igd�.—,pft— WVVater main Feet N SWater main �f Ih,Co, Electrical distribution 1110 1 1 IM.", Ill 8 M Area Map APPLICANT/OWNER INFORMATION: Applicant: '0416b Applicant Address: S: LAQ4u-L_ :5-r. - P,,xT- A i,ciss L,-.)A - 983&2_ Iz J?= Daytime phone #: CJSJ- 312.3(��L4o E-mail Iz-5 RLJaw6- 1^0 VA 1400 -60 Applicant's representative (if other than applicant) IJ/Ar ContactAddress: 2_14 'S, L_A�_xa c I sa- , Par AtjL-ii_,L-ri s - LoA. 983to2, Daytime phone #: qS-1 -,311-34,C)o E-mail Property owner (if other than applicant): JA-M;g5- 4go,26szD Address: .10: 7908 -5-1 �r,.LA,p VrEw Peox-Amrus OA, Contact phone #: PROPERTY1 NFORMATION: Streetaddress: �Aq :5tj_jAojzcj_ S—k� Zoning: Legal description: Property dimensions: Property area (total square feet): Ioq Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): (f�,uv AVAR-iMAY-1 L -.4� A 01) 4 ez essm 7V PROPOSED USE: Please describe the proposed conditional use: Mz( iz kw V 1-2-Y to- ,-V�Tvi Number of employees: Hours of operation: lWom - ep,_, 7 Zky5 i2og Number of on-site parking spaces: Total square foot of floor area for the proposal: % Site coverage: SIGNATURFS: Applicant: Date: I certify that all of the above statements are true and complete to the best of my knowledge and ackno vvledge that wi�ful misrepresentation of information will terminate this permit application. Applicant Signat4w- Date: (If the applicant is NOT the property owner, the property owner must sign this application or provide a separate note that helshe islare aware of the application). Owner's Signature (if other than applicant): Signature Date TAF0RMS\APPS\CUII.D0CX A PPLICA TION FEES- OFFICE USE ONL Y Standard CUP $500& $350 Date Rec'd SEPA=$850 File 9 Administrative CUP (retail HTE 9 stand, home occupations, B & B) CONDITIONAL USE PERMIT Received bv.- $200 &$125 SEPA =$325 APPLICATION ...........�*��..................�S�...................................................z.............. **IMPORTANT GENERAL INFORMATION *PLEASEREAD ** Only completed applications will be accepted. To be considered complete, an application must include all of the following information: I. A completed application signed by the applicant and the property owner (if different than the applicant). 2. A completed Environmental Checklist signed by the applicant. 3. A vicinity map showing the site in relationship to surrounding properties: 4. A site plan with dimensions showing all property lines, setbacks, existing and proposed structures, parking spaces, and significant vegetation. 5. Interior floor plans for each floor of any structure to be used for the proposed activity. 6. Exterior building elevations for each side of any building that will be constructed for the proposed use. 7. Mailing labels and list ofproperty owners within 300'of the proposed site. Alist ofproperty owners may be obtainedftom the County Assessor's Office. 8. Application fees It is important to be accurate and complete with the information regarding all aspects of your pr The Planning Commission's decision will be based on the information contained in this 01 application and, if approved, will be limited to the proposal as presented and potentially conditioned. Changes to your projectfrom what is submitted may result in delay ofyour project review so try to be thorough. Certain proposals are decided administratively, such as retail stand permits, home occupations, and bed and breakfast uses. These permits do not require a public hearing process. All other conditional use permits require review through a public hearing. Please do not hesitate to ask if you have any questions regarding the permit process, time periods, or restrictions of certain applications. Planning Department personnel may be reached at 417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday. PLEASE NOTE: Someone must be present during the public hearing to respond to any questions that may be raised and to ensure an understanding of any conditions that may be imposed. ...................................................................................................................................... NOTES (FOR YOUR USE): CITY OF PORT ANGELES AFFIDAVIT OF POSTING RE: CUP 16-02 1, Ben Braudrick, state that on the 5" day of May 2016, 1 posted said notice, a true copy of which is hereto attached and made part hereof, on the City's Public Notice Bulletin Board. ;;K:::� '--A-PITANT Subscribed to me this day of 2015. (TOW vouKw5eq j E N pr,* JW4 8900cos 111 WOTA' WY PUBLIC for the State of Washington, residing in Port Angeles 0 Pimp T/fonns/affidavit posting general CLASSIFIED ADVERTISING PROOF/RECEIPT Client: PDN4900481 CITY OF PORT ANGELES/LEGALS Phone: (360)417-4613 Address: PO BOX 1150 PORT ANGELES, WA 98362 Ad# 698101 Requested By: Fax: Sales Rep.: Weider, Pam Phone: (360)452-2345 pweider@peninsuladailynews.com Fax: Class.: 9932 City of Port Angeles Legals Start Date: 05/08/2016 End Date: 05/08/2016 Nb.of Inserts: PO#: MICROBREWERY Publications: Peninsula Daily News Paid Amount: $0.00 Balance: $60.04 Total Price: 1$60.04 Page I of I CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on May 4,2016 the CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY&ECONOMIC DEVELOPMENT re- ceived an application conduct the operation of a rm- crobrewery and tasting room in the Community S hopping District zone. The application was deter- mined to be complete on May 4,2016. Interested parties are encouraged to comment on the proposal and to attend the public hearing that will be con- d u cted on May 26,2015,at 1:00 PM,City Hall,321 East Fift h Street, Port Angeles,Washington. Writ- t en comment must be submitted no later than MAY 22,2016,to be included in the staff report on this matter. Verbal testimony will be taken during the public hearing. Information may be reviewed at the City Department of Community&Economic Devel- opment, City Hall, P.O.Box 1150, 321 East Fifth Street,Pori Angeles. City Hall is accessible to per- sons w1th disabilities.Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT:A Deter- mination of Non Signficance(DNS)will be issued per WAC 197-11-355 for the project following the public comment review period that will end on May 22,2016. APPLICANT: David Amoro so LOCATION: 214 Laurel Street For further information contact: Ben Braudrick (360)417-4804 Pub:May 8,2016 Legal No:698101 CITY OF PORT ANGELES AFFIDAVIT OF POSTING RE: CUP 1. 6-02 1 PAT BARTHOLICK, state that on the 5th day of May 2016, 1 posted said notice, a true copy of which is hereto attached and made part hereof, on the property proposed for a land use action pursuant to Section 17.96.140 of the Port Angeles Municipal Code. AFFIANT Subscribed to me this day of 2016. 4A, ow ,,��'VEN'e' roz WOTAiY PUBLIC for the State of OT Washington, residing in Port Angeles A z 0 A 0 00000, T/fonns/afl-idavitpostingjim CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on May 4, 2016 the CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT received an application to conduct the operation of a microbrewery and tasting room in the Community Shopping District zone. The application was determined to be complete on May 4, 2016. Interested parties are encouraged to comment on the proposal and to attend the public hearing that will be conducted on May 26, 2015, at 1:00 PM, City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than MAY 22, 2016, to be included in the staff report on this matter. Verbal testimony will be taken during the public hearing. Infort-nation may be reviewed at the City Department of Cominunity & Economic Development, City Hall, P.O. Box 1150, 321 East Fifth Street, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT: A Determination of Non Signficance (DNS) will be issued per WAC 197-11-355 for the project following the public comment review period that will end on May 22, 2016. APPLICANT: David Amoroso LOCATION: 214 Laurel Street For further information contact: Ben Braudrick (360) 417-4804 PUB: May 08,2016 POST: May 05,2016 MAIL: May 05,2016 0 0 DONALD L HANSEN REVOCABLE I NTERVIVOS TRUST REVOCABLE I NTERVIVOS TRUST 117 W 2ND ST 113 E SECOND STREET 113 E SECOND STREET PORT ANGELES, WA 98362-2622 PORTANGELES, WA98362 PORT ANGELES, WA98362 UPTOWN INNVESTORS LLC JOHN D AND ROSALYN F TAYLOR TTES NATHAN AND SHERRY MCBANE AND 5809 JEAN RD 113 EAST 2ND ST GUILEYARDO LAKE OSWEGO, OR 97035 PORT ANGELES, WA98362 114 W 2ND ST PORT ANGELES, WA98362 JANE AND NATHAN VANDERHOOF MCBANE RAYMOND AND IANTHA FRAZER CLIFFORD E PRINCE 585 WASANKARI RD PO BOX 3058 83 DEER MEADOWS DR PORTANGELES, WA98363 PORTANGELES, WA98362 PORTANGELES, WA 98362-9295 GERALD G MANGANO ANDREW AND MARILYN ROSETTES PATRICIA L GLENN ET AL PO BOX 4044 131 W 2ND ST 16112 133RD PL SE PORT ANGELES, WA 98363-0997 PORT ANGELES, WA 98362-2622 RENTON, WA 98058-7873 LORI AND BARBARA AMBROSE CHARLES E AND B A LEACH AND POZNANOVIC EVELYN ANNE PULLMAN 127 W 3RD ST P 0 BOX 113 115 W 3RD ST PORT ANGELES, WA98362 JOYCE, WA 98343-0113 PORT ANGELES, WA 98362-2824 PHILIP G COSTA JAMES AND DEBRA AMOROSO K BEN AND KIMBERLEY SKERBECK 111 W 3RD ST 214 LAUREL 218 S LAUREL ST PORT ANGELES, WA 98362-2824 PORT ANGELES, WA98362 PORT ANGELES, WA98362 JOHN C AND SHAN L NESSET UPTOWN INNIVESTORS LLC MARK S AND MARY E WENDT P.0 BOX 214 5809 JEAN RD 8837 SW ROMAL CT PORT TOWNSEND, WA98368 LAKE OSWEGO, OR 97035 BEAVERTON, OR 97008 MARY AND MARK WENDT SHELDON AND E A KOEHLER TOM BLORE 8837 SW ROMAL 217 SO LAUREL PO BOX 1272 BEAVERTON, OR 97008 PORTANGELES, WA98362 SEQUIM, WA98382 DEREK AND JAQUELINE MEDINA DAVID L CHANCE ET AL JESSE CLARK 730 WEST 4TH ST 104 W 3RD ST 110 W 3RD ST PORT ANGELES, WA98362 PORT ANGELES, WA 98362-2825 PORT ANGELES, WA98362 LOYDJ SWAGERTY MARY RUPPRECHT YVONNE SHOMAR 114 W 3RD ST 120 W 3RD ST 122 W 3RD ST PORT ANGELES, WA98362 PORT ANGELES, WA98362 PORT ANGELES, WA 98362-2825 0 0 KAREN D AND DAVID A DORAN DARWIN J GEAREY PAGE JOHN SHAW 128 WEST 3RD ST 130 W 3RD ST BOX 83 PORT ANGELES, WA98362 PORT ANGELES, WA 98362-2825 BREMERTON, WA98337 EDWARD P AND CARLAA GERAGHTY PENINSULA FUNERALS LLC UPTOWN INNVESTORS LLC 117 W FOURTH ST PO BOX 1427 5809 JEAN RD PORT ANGELES, WA 98362-2805 SEQUIM, WA98382 LAKE OSWEGO, OR 97035 SAFEWAY STORES INC 1371 OAKLAND BLVD STE 200 WALNUT CREEK, CA 94596 ce)? 4S cl, As 00'. �Z P,55 JA LAu�v&.-, Ao y�e /r 4f 00 "ISIS ore, .k� Af 7� N, 'N" + "Mr/ N� 40 Water main Thl—p t—qf,.—l- WWater main Feet —pld—,., p�d—d h, qfP-Ank,f., -dp.lp.— SWater main V,,W,.l D...-NA VD 88 q_�,h"_qfih,,�p��,mg M,11—b,d,�*—bdily afth,Cz�� Electrical distribution H.H...1 D.—-NAD 83,91 Arm Map NO,