HomeMy WebLinkAboutMinutes 02/17/2004 5180
CITY COUNCIL MEETING
Port Angeles, Washington
February 17, 2004
CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order
SPECIAL MEETING: at 5:00 p.m.
ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson,
Munro, Pittis, Rogers, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y.
Ziomkowski, D. Lusby, T. Pierce, J. Hebner, J. Cole, D.
Dickson, C. Kathol, T. Smith, and R. Hoffman.
Public Present: R. Peterson, C. Brown, P. Lamoureux, D. Tschimperle, C.
& J. Rogers, K. Tschimperle, D. Reiss, L. Rasmussen, C.
Kidd, and E. & C. Brown. All others present in the
audience failed to sign the roster.
Interview Candidates for Interview Candidates for Board of Adjustment: The City Council interviewed the
Board of Adjustment following for a vacant position on the Board of Adjustment: Larry Hurd, Cherie Kidd,
and Nason Beckett. Following completion of the interviews, the Council discussed the
attributes of the candidates and agreed to conduct a roll call vote during the regular
meeting.
ADJOURN SPECIAL The special meeting was adjourned at 5:45 p.m.
MEETING:
CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:00 p.m.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Attorney Knutson.
ALLEGIANCE:
PUBLIC CEREMONIES, Recognition ofRetirementofCraigKnutson, City Attorney: Manager Quinnpresented
PRESENTATIONS AND rehring City Attorney Craig Knutson with a framed photo of the Klahhane Ridge, after
PROCLAMATIONS: which he recited an Irish retirement blessing. Attorney Knutson has been serving as
City Attorney for over twenty years. Mayor Headrick offered words of appreciation
Recognition of Retirement to Attorney Knutson, noting he has gained a great appreciation for the City Attorney's
of Craig Knutson, City contributions- he will be greatly missed. Attorney Knntson expressed his appreciation
Attorney to everyone, as it has been an honor to be City Attorney and work in local government,
participating with the public, media, staff, and the Council. Councilmember Pittis,
having worked several years with Attorney Knutson, felt the City had been well
represented by Attorney Knutson, an individual who has a breadth of knowledge in
many areas.
Appointment to Board Appointment to Board orA djustment: Mayor Headrick announced that the Council had
of Adjustment interviewed candidates for the Board of Adjustment in a special session of the City
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5181 CITY COUNCIL MEETING
February 17, 2004
Appointment to Board Council held just prior to the regular meeting. Clerk Upton, at Mayor Headrick's
of Adjustment (Cont'd) request, conducted a roll call vote. Mayor Headrick and Councilmembers Pittis,
Erickson, and Braun cast ballots for Nason Beckett. Councilmembers Williams,
Rogers, and Munro cast ballots for Cherie Kidd. Nason Beckett was, therefore,
appointed to the Board of Adjustment for the period, March 1, 2004 - February 29,
2008.
WORK SESSION: None.
LATE ITEMS TO BE Public Works & Utilities Director Cutler asked to remove Finance Item E.3. from the
PLACED ON THIS OR agenda, as further evaluation needed to be performed.
FUTURE AGENDAS:
Paul Lamoureux, 602 Whidby, expressed the opinion that the public should be given
an opportunity to provide input to the individual agenda items at the time they are
addressed by the Council. He then questioned the timing of publicity for the Energy
Star Utility Participation Agreement that promotes energy efficient clothes washers,
feeling that utility bill inserts should be mailed prior to April. Discussion followed,
with Director Cutler, Power Resource Manager Dunbar, and Councilmember Rogers
providing Mr. Lamoureux with clarification and further information as to the timing of
the utility bill inserts. Director Cutler offered to meet with Mr. Lamoureux in this
regard.
Kudos were extended to Councilmember Rogers for publicity in today's newspaper on
assistance she provided a local resident.
Barney Munger, 1504 McDonald Street, complimented the Community Development
Department on the process that has been instituted for public input to the
Comprehensive Plan.
FINANCE: 1. Cable Television Franchise Extension Compliance Report:
Cable Television Power Resource Manager Dunbar, aided by PowerPoint slides, presented the Cable
Franchise Extension Television Franchise Extension Compliance Report as submitted by Metropolitan
Compliance Report Communications Consultants. He reviewed the background of the Cable Television
Franchise Ordinance, the term of which was subject to the completion of certain
requirements, such as the installation of an I-Net backbone, a cable system upgrade to
a broadband infrastructure, activation of a 550 MHz headend providing a capacity of
at least 78 analog channels, one-way cable modem services, and an emergency alert
system. Mr. Dunbar advised the Council that the I-Net costs came in at 12.5% below
the franchise commitment, or 7.4% below the overall budget for the project. Noting
the benefits to residences, businesses, public institutions, and the City, Mr. Dunbar
introduced Pete Grigorieff from Wave Broadband.
Mr. Grigorieff, Regional Manager of Wave Broadband, thanked the City for working
on this project the past couple of years. He directed special kudos to Mr. Dunbar and
Richard Li of Metropolitan Communications Consultants and informed the Council that
Wave was pleased to be rolling out two-wayphone service, which equates to 450 miles
of cable.
Richard Li, Metropolitan Communications Consultants, then addressed the Council,
advising them he was pleased to have been part of this outstanding project not only
from a technical point of view, but from the perspective of how it was accomplished
in a cooperative public/private venture. He felt it was a unique project and reminded
the Council that the City had received an award from the Association of Washington
Cities because of the outstanding public/private parmership. Mr. Li informed the
Council that, as part of the compliance report, he had included suggestions on how to
maximize the use of this resource. He extended congratulations to the City and Wave
Broadband for an outstanding project. Mr. Dunbar stated it had been his pleasure to
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CITY COUNCIL MEETING 5182
February 17, 2004
FINANCE: work on this project with Mr. Li, as well as Pete Grigorieff and Mike Sturgeon from
(Cont'd) Wave Broadband. He then reviewed the recommendation before the Council, after
which Councilmember Rogers expressed appreciation to the City staff. Mr. Dunbar
Cable Television responded to an inquiry from Councilmember Munro as to the capabilities of other
Franchise Extension cities in this regard, and Manager Quinn responded to Councilmember Williams as to
Compliance Report the City's future capabilities for televising City Council meetings because of equipment
(Cont'd) funding to be gained via the franchise. Mr. Grigorieff, in response to an inquiry from
Councilmember Williams, indicated the customers will be able to purchase the modem
at an add-on price in order to receive the basic cable package to access the emergency
alert system. Following further brief discussion, Couucilmember Rogers moved to
accept completion of the institutional network backbone project and authorize
release of retainage to Wave Broadband, and affirm that Wave Broadband has
satisfied all extended term Franchise requirements. Councilmember Williams
seconded the motion, which carried unanimously.
Purchase of Police Patrol 2. Purchase of Police Patrol Vehicles:
Vehicles
Police Chief Riepe summarized the purchase of five (5) 2004 Ford Crown Victoria
Police Patrol Vehicles, noting the vehicles had been included in the budget. Because
of the requirement to purchase at the lowest price, the City was unable to purchase from
a local dealer. The best price is available via the State, and Chief Riepe stated his
commitment to work with Equipment Services to come in under budget.
Ralph Hoffman, Fleet Manager, advised the Council that his previous employer in
Arizona used a lesser life cycle than is being used in Port Angeles. He urged the
Council to give positive consideration to the vehicle purchase, as the cars are getting
quite old and have the equivalent of 200,000 miles on each vehicle. Councilman Pittis
noted that the vehicle accumulation is close to replacement cost, excluding the
additional equipment needed, and he inquired as to whether this would be addressed
in the future. Finance Director Ziomkowski indicated the City began addressing this
issue starting two years ago and, in two to three years, she estimated the City would
be able to cover inflation and full replacement costs. Councilmember Pittis, noting
staff's commitment to try to come in under budget, moved to authorize the Police
Department to purchase, through the State contract, five 2004 Ford Crown
Victoria Police Patrol Vehicles for a price of $114,087.55 ($22,817.51 each) and
replace police vehicles 66, 80, 83, 84 and 86 and, further, to purchase and install
necessary additional equipment for $24,413.20 for a total expenditure of
$138,500.75. The motion was seconded by Councilmember Braun and carried
unanimously.
Energy Star Utility 3. Energy Star Utility Participation Agreement:
Participation Agreement
Power Manager Dunbar presented information pertinent to the Energy Star Utility
Participation Agreement, a program being made available by the Northwest Energy
Efficiency Alliance (NEEA) to help promote energy efficient clothes washers. Mr.
Dunbar indicated that, similar to last year's program, costs incurred by the City will be
reimbursedby the Bonneville Power Administration and the manufacturers. Customers
could receive a total rebate of $75 - $ ! 00 for purchases made after April 15, 2004; the
rebate application must be received by NEEA no later than July 31, 2004 to qualify.
Councilmember Rogers reported that the agreement had been considered by the Utility
Advisory Committee, who was forwarding a recommendation for approval.
Couneilmember Braun moved to approve and authorize the City Manager to sign
the 2004 Double Your Savings Energy Star Utility Participation Agreement.
Councilmember Rogers seconded the motion, which carried unanimously.
5183 CITY COUNCIL MEETING
February 17, 2004
OTHER 1. Park Board Recommendation re. Skate Park Location at Erickson Park:
CONSIDERATIONS:
Parks & Recreation Director Connelty made introductory comments, stating he was
Skate Park Location at excited to have the opportunity to move forward on the development of a Skate Park.
Erickson Park He listed what he felt were critical elements to a community, such as having balance
and quality of life, as well as having opportunities for recreation other than the
traditional. He cited examples of value added to the community in the Dream
Playground, the Waterfront Trail, and the Valley Creek Estuary. Director Connelly
introduced individuals who had been party to the planning process for the Skate Park:
Cindy Rogers, Skate Park Committee; Diana Tschimperle, Parks & Recreation Board;
Doc Reiss, Nor'Wester Rotary; members of the Erickson Park neighborhood; and Jerry
Cole, Recreation Services Manager. Director Connelly advised the Council that the
decision to be made this evening relates only to the siting of the Skate Park and not the
design.
Recreation Services Manager Cole, with the use of PowerPoint slides, made a
presentation to the Council, discussing the history of the Skate Park project, the
previous skate facility at Lincoln Park, changes in State Statutes related to insurance,
and skate trends. He summarized the public process that was initiated, the preliminary
conceptual design, and the fact that Nor'Wester Rotary has stepped forward as the civic
sponsor. Mr. Cole then reviewed the selection of Erickson Park for the siting of the
Skate Park, explaining the benefits of the location in terms of compatible uses, central
location, proximity to transit, and incorporation into the recreation corridor. Mr. Cole
explained the partners to the project, and noted the neighborhood support that had been
garnered, particularly for the specific location in the northeast comer of Erickson Park.
Mr. Cole reviewed anticipated costs of $260,000 associated with the project, indicating
$100,000 would be sought from an athletic facilities grant, $140,000 from community
fund-raising and in-kind services, and $20,000 from the Capital Facilities Plan.
Councilmember Munro felt this was a great way to leverage funds for a community
facility, andre was especially impressed with the community input. He understood the
location presented was determined to be the best alternative, and he noted this was a
well thought out plan. Discussion followed, with Councilmembers offering words of
congratulations on the public process, as well as the benefits that will accrue in the area
of tourism. It was noted by Director Connelly that ideas have been generated to
sponsor a tournament as another piece of recreation in the community.
Peter Ripley addressed the Council, speaking in favor of the project, but questioning
how the users will be policed in terms of vandalism and use of skateboards onstreets
and sidewalks. Director Cormelly responded there will still be an element of skaters
who will use streets and sidewalks in spite of the availability of the Skate Park. He felt
the biggest challenge may relate to keeping the facility clean, and he summarized the
potential for establishing a concession that could include maintaining a watchful eye
on the facility.
Bruce O'Rourke, a neighbor, expressed appreciation to City staff for seeking public
input and selecting an alternative site in view of the input received. Subsequently,
Chief Riepe responded to an inquiry from the Council as to the rules of the road as
relates to skaters. Following further brief discussion, Councilmember Braun moved
to accept and approve the Parks, Recreation and Beautification Commission
recommendation to site the Port Angeles Skate Park in the northeast corner of
Erickson Park along Race Street. The motion was seconded by Councilmember
Munro and carried unanimously.
Break Mayor Headrick recessed the meeting for a break at 7:40 p.m. The meeting reconvened
at 7:55 p.m. Due to illness, Councilmember Erickson excused herself from the
remainder of the meeting.
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CITY COUNCIL MEETING 5184
Febmary 17, 2004
CONSENT AGENDA: CouncilmemberBraun moved to accept the Consent Agenda, to include: 1.) City
Council Minutes of February 3, 2004 regular meeting, February 9, 2004 special
meeting, and February 10, 2004 special meeting; 2.) Expenditure Approval List -
February 6, 2004, $582,483.91; and 3.) Electronic Payments - February 6, 2004,
$2,495,783.00. The motion was seconded by Councilmember Rogers and carried
unanimously.
ORDINANCES NOT Ordinance Revising Membership Composition of Law Enforcement Advisory Board
REQUIRING PUBLIC & Appointment of High School Representatives to Law Enforcement Advisory Board:
HEARINGS:
Chief Riepe presented a proposed Ordinance to increase to two the number of high
Ordinance Revising school students on the Law Enforcement Advisory Board. The members of the
Composition of Law Advisory Board had interviewed two high school students and were desirous of
Enforcement Advisory appointing both, necessitating a change to the Ordinance.
Board & Appointment of
High School Mayor Headrick read the Ordinance by title, entitled
Representatives
Ordinance No. 3157 ORDINANCE NO. 3157
AN ORDINANCE of the City of Port Angeles, Washington, revising the
membership composition of the Law Enforcement Advisory Board to
add one additional high-school-age member to the board and amending
Ordinance 2724 as amended and Chapter 2.26 of the Port Angeles
Municipal Code.
Councilmember Williams moved to adopt the Ordinance as read by title. The
motion was seconded by Councilmember Pittis and carried unanimously.
Councilmember Williams moved to appoint applicants Katherine Flowers and
Eric Braun to the Law Enforcement Advisory Board through February 28, 2005.
The motion was seconded by Councilmember Braun and carried unanimously.
CITY COUNCIL The City Council briefly reviewed the calendar of meetings; no changes or additions
COMMITTEE were offered.
REPORTS &
CALENDAR:
RESOLUTIONS: Resolution Accepting Terms and Conditions Set Forth by Community Economic
Revitalization Board (CERB) to Receive Feasibility Grants for Development of (1)
Resolution Accepting Aquaculture Industrial Park and (2) a Cold Storage Facility:
Terms and Conditions for
Community Economic Economic Development Director Smith presented a proposed Resolution that would
Revitalization Board accept the terms and conditions set forth by the Community Economic Revitalization
(CERB) Grants Board (CERB) for the City to receive feasibility grants to study the potential for
Resolution No. 2-04 development of an aquaculture industrialpark and a cold storage facility. The grants
approved by CERB represent $50,000 for the aquaculture industrial park and $25,000
for the cold storage facility. Mr. Smith reminded the Council that the City is working
in partnership with the EDC in the exploration of these two possible economic
development projects. He lauded Councilmember Rogers' contributions as Chair of
the Marine Industry Cluster and Councilmember Pittis for his leadership as a member
of the CERB Board. Mayor Headrick read the Resolution by title, entitled
.. RESOLUTION NO. 2-04
A RESOLUTION. of the City Council of the City of Port Angeles,
Washington, accepting the terms and conditions set forth by the
Washington State Community Economic Revitalization Board
(CERB) in its offer of financial aid for two economic impact
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5185 CITY COUNCIL MEETING
February 17, 2004
RESOLUTIONS: Feasibility study grants, CERB Projects #T2004-064 and #T2004-
(Cont'd) 065, and authorizing the Mayor to execute the grant contracts and
related legal documents.
Resolution Accepting
Terms and Conditions for Councilmember Rogers moved to pass the Resolution as read by title, authorizing
Community Economic the Mayor to sign the appropriate CERB grant award documents related to the
Revitalization Board performance of feasibility studies regarding an analysis of the development of an
(CERB) Grants aquaculture industrial park and a cold storage facility. Councilmember Williams
Resolution No. 2-04 seconded the motion, which carried 5 - 0, with Councilmember Pittis abstaining
(Cont'd) by virtue of being a member of the CERB Board.
OTHER 2. Independent Bible Church (IBC) Conditional Use Permit Appeal - CUP 02-
CONSIDERATIONS: 08):
(Cont'd)
Attorney Knutson presented the modified conditions to the IBC Conditional Use Permit
Independent Bible Church as agreed upon by the City Council at its special meeting of February 10, 2004.
(IBC) Conditional Use Councilmember Pittis moved to accept the Decision and Conditions 1 - 10,
Permit Appeal (CUP 02- Findings 1 - 25, and Conclusions 1 - 7, as set forth in Exhibit "A", which is
8) attached to and becomes a part of these minutes. The motion was seconded by
Councilmember Braun and carried 4 - 0, with Councilmembers Munro and
Williams abstaining by virtue of having recused themselves from this
consideration.
Dick Goodman, KONP Radio, approached the podium and asked what would occur if
the two parties failed to agree on a landscaping plan. Attorney Knutson responded that
if there were no agreement, then nothing would occur. Councilmember Pittis added
that there would just be a row of trees as required in the original condition.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
PUBLIC HEARINGS - None.
OTHER:
INFORMATION: Manager Quinn referenced the Annual Report for the Police Department that had been
distributed under separate cover. He noted that 2003 was a good year, with crime
down by over 9%. A Police Officer has been added, criminal justice funds were made
available, the City is participating in OPNET, and 9-1-1 funds are forthcoming this
year.
EXECUTIVE SESSION: The meeting adjourned to Executive Session at 8:10 p.m. to discuss a matter of
potential litigation for 30 - 45 minutes.
RETURN TO OPEN The meeting returned to Open Session at 9:25 p.m., at which time the Council set a
SESSION: special Council meeting for Tuesday, February 24, 2004, at 6:00 p.m., to consider the
siting of the water treatment plant at the Landfill.
ADJOURNMENT: The meeting was adjourned at 9:30 p.m.
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Exhibit 'b
51 6
1
2
3
4
BEFORE THE CITY COUNCIL
5 OF THE CITY OF PORT ANGELES
6
7 IN THE MATTER OF AN APPEAL OF A
CONDITIONAL USE PERMIT
8 FOR THE INDEPENDENT
BIBLE CHURCH
9
Mr. and Mrs. Christopher Melly,
10
Appellants, DECISION, FINDINGS, AND
11 CONCLUSIONS
VS.
3_2
Independent Bible Church and
3_ 3 City of Port Angeles Planning Commission,
3- 4 Respondents.
3-5
3-6
THIS MATTER having come before the City Council of the City of Port Angeles,
17 Washington for resolution of the above-referenced appeal by Mr. and Mrs. Christopher Melly of a
3- 8 conditional use permit applied for by the Independent Bible Church and granted by the City of Port
Angeles Planning Commission and the City Council having heard the arguments of the parties, the
3_9
City Council hereby renders its decision and enters its findings and conclusions as follows:
20
23- DECISION
22
After considering the appellants' and the applicant's proposed changes to the conditions of
23 approval for the conditional use permit as presented during this appeal, the City Council hereby
24 modifies the conditions of the Planning Commission's approval of the conditional use permit as
follows:
25
26
27
l-Independent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 ~7
3- Conditions:
1. The applicant shall meet the permitting and utility requirements including the
2
provision of a total of 250 improved off-street parking spaces.
3 2. The applicant shall install sidewalks that meet City standards on the south side of
4 Ahlvers Road along the entire frontage of the property.
3. The applicant shall submit a stormwater drainage plan indicating estimated amounts
5
of stormwater runoff, proposed measures for treatment of stormwater runoff,
6 proposed measures to control flow rates ofstormwater runoff leaving the subject site,
7 and a schedule of proposed construction for stormwater facilities. The stormwater
8 drainage plan shall be reviewed and approved by the City of Port Angeles Public
Works and Utilities Department prior to construction.
9 4. The applicant shall obtain a separate Clearing and Grading Permit from the City of
3- 0 Port Angeles prior to beginning any work on the sports field and picnic area. The
-t 3- Clearing and Grading Permit application shall include an engineering analysis as to
the need for groundwater mitigation measures such as a curtain drain in order to
3_2
prevent groundwater from the clearing of the applicant's site from exacerbating
3-3 groundwater problems in the appellants' neighborhood.
5. If school enrollment exceeds 99 students on-site, the applicant shall execute a Zoning
Lot Covenant to combine the two parcels in order to provide adequate area to meet
3- 5 the requirements of 17.11.050.A Table A, PAMC for private schools.
ily ....... '--
3-6 6. The fam life center shall ,,,~L
,,~,~ ~,~ ~,~,,,,~,,~. be located 60 feet from the east property line and shall be
3-7
constructed in accordance with the smaller size and lower height as set forth in the
3_ 8 drawing presented by the applicant during the CUP appeal.
3- 9 7. Additional landscaping shall be planted between the family life center and the
20 adjacent single family residences to the east, similar in composition to landscaping
existing along the northern portion of the northeast property line prior to occupancy
23- of the new center. Alternatively, the appellants and the applicant are encouraged to
22 agree to a landscaping plan that features a variety of types and heights of trees and
shrubs.
23
8. Lighting installed for the athletic field shall be shielded and directed downward to
24
prevent light from the use reflecting on surrounding properties.
25
26
27
2-Independent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 18
1 9. The applicant shall sign a no-protest agreement for a Local Improvement District for
2 future improvements to Laurel and Ahlvers Streets accessing the site prior to issuance
of a building permit.
3 10. This Conditional Use Permit does not include permission to develop a building in
4 Area D of the site plan.
5
FINDINGS
Based on the :'-~'
-,.~,,-.--,~- vA-, v ~,~,.,~., L.,. Department Staff Report for CUP 02-08 dated February
7 12, 2003, :._A,...,:__
,,,.,~,,~.,~ ,~ .~.~,~.,,~,, ~, the public record file comments and testimony presented
8 during the public hearing, the Planning Commission discussion and deliberation, the City Council
Conditional Use Permit appeal arguments and deliberation, and the above listed conditions of
9 approval, the City of Port Angelesl"',,~.,.,[~"-- ,_.,,,~u~.~,~,, '~ ....... :~-: ~-- City_ Council hereby finds that:
1- 0 1. The applicant, the Independent Bible Church, submitted a Conditional Use Permit
11- application for the addition of a 25,700 square foot family life center, 3,000 square
feet of additional office space, and the clearing of 3 acres for a sport field and picnic
12
area on a site currently containing a church and private school use on July 8, 2002.
1- 3 The family life center would contain 11 classrooms, a gynmasium, kitchen, and teen
room.
14
2. Notification of the proposed action was placed in the Peninsula Daily News on July
1- 5 29, 2002, and mailed to the property owners within 300 feet of the subject property
16 on July 24, 2002.
3. The applicant submitted an amended site plan for the project on August 28, 2002.
1.7
The revised plan showed the office portion of the plan as being reduced in size from
18 6,000 SF to 3,000 SF and placing it as an addition to the existing church building
1- 9 instead of a separate building.
4. The church use on the site was ohginally approved on December 7, 1987, by CUP-
20
87(12)27.
21_
22 5. Conditional Use Permit CUP-95(01)01 was approved on March 8, 1995, for the
2 3 operation of a private school in the existing church building.
6. The site currently contains a 19,418 square foot structure that houses the Independent
2 4 Bible Church and junior and senior high school classes associated with the Olympic
2 5 Christian School. The existing, two-story Church building includes 14 classrooms,
a library, nursery, and office space in association with the church/school use. Two
26
27
3-Independent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 t9
1
2 small storage buildings are located on the southerly portion of the site. Paved parking
for the church is located on the northwest portion of the northernmost parcel of the
3
site and unpaved parking is located partially on both parcels.
4 7. A traffic study prepared by John H. McNutt, P.E. and dated July 5, 2002, was
5 submitted with the application materials. The traffic study indicates that no
6 significant reduction in travel speed or time will result from this proposal and that all
streets within the local collector network will remain at Level Of Service (LOS) A.
7 The same traffic study indicates that average daily trips will increase by 161 vehicles
8 per weekday and an additional 56 vehicles on Sundays.
8. The traffic impacts of the project were reviewed during the SEPA review and found
9
to have potential traffic impacts on arterial streets providing access to the church
10 proposal.
:1_1 9. A Determination of Significance (DS) was issued for the proposed action on
12 September 6, 2002. A Draft Environmental Impact Statement (DEIS) was issued on
November 22, 2002. Written public concerns were reviewed and incorporated with
13 a Final Environmental Impact Statement (FEIS) issued on February 4, 2003.
14 10. Laurel Street north of Ahlvers Road is not improved with curbs, gutters, or
sidewalks. Ahlvers Road is not improved east of the church property. Both streets
15
are classified as collector arterials, and neither street is developed to the City of Port
:1_ 6 Angeles' Urban Services Standards for collector arterials.
17 11. The site is made up of two parcels that total 12.32 acres. The subject property is
located at the southeast comer of Ahlvers Road and Laurel Street. The parcels are
18
legally described as being in the Northwest quarter of the Northwest quarter of the
19 Southwest quarter of Section 15, Township 30 North, Range 6 West WM, Clallam
2 0 County, Washington; and in the North half of the Southwest quarter of the Northwest
2:1_ quarter of the Southwest quarter and the Southwest quarter of the Southwest quarter
of the Northwest quarter of the Southwest quarter of Section 15, Township 30 North,
22
Range 6 West, WM. situated in Clallam County, Washington. The site address in
2 3 116 Ahlvers Road.
12. The proposal for the family life center and additional office space is on the same
24
zoning lot as the existing church. The proposal for the picnic area and sports field
2 5 is located on a separate parcel adjacent to the south. Both parcels are owned by the
2 6 Independent Bible Church.
27
4-Independent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 ~0
2 13. PAMC 14.40.050.L and M require 3 parking spaces per junior high/middle school
3 classroom, and 6 parking spaces per senior high school classroom. PAMC
14.40.030.F also requires 1 parking space per every 6 seats in a chapel and PAMC
4 14.40.050.A requires 1 space for each 50 square feet of assembly space without fixed
5 seats. PAMC 14.40.030.B requires 1 parking space for each 400 square feet of office
use. PAMC 14.40.100 allows for parking facilities to be cooperatively used by
different land uses when the times of the uses are nonsimultaneous.
? 14. The site currently provides 187 paved parking spaces and an unpaved parking area
8 of approximately 25,000 square feet. The total development proposed will require
a total of 250 off-street parking spaces.
15. Per PAMC 14.40.150 the City's Parking Ordinance, parking spaces must be a
:1_ 0 minimum of 8.5 feet wide by 18 feet in length, and that the parking area be paved,
1 ~_ and striped.
16. The site is found in the City's South Central Planning Area and is designated as Low
12
Density Residential (LDR) on the Comprehensive Plan Map. Adjacent designations
~. 3 include LDR to the north, east, and south. The area to the west is located in the
14 County and is designated in the County Comprehensive Plan as Urban Low Density
15 (ULD).
1 ?. The property is zoned R$-9, as are properties to the north, east, and south. The area
to the west is located in the County and is zoned Urban Low Density.
3. 7 18. The land uses adjacent to the subject site are as follows:
:1_ 8 To the north: single family residential;
To the south: primarily vacant acreage;
2 0 To the east: single family residences: and
21 To the west: primarily vacant acreage.
19. The Comprehensive Plan's Land Use Element Goal C, Policy 1, states that schools
22 and churches are subordinate and compatible uses that augment residential
2 3 neighborhoods and districts.
20. The Comprehensive Plan's Transportation Element Goal B, Policy 16, states that
allowances should be made for shared parking.
2 5 21. The Comprehensive Plan's Utilities and Public Facilities Element Goal B, Policy 3,
2 6 states that the City should promote and cooperate as a supporter in providing schools
27
5-h~dependent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
1.
2 and community learning.
22. The Public Works and Utilities Department commented that a) A clearing and
3
Grading Permit will be required; b) drainage plans with calculations must be
4 submitted (additional detention may be required); c) a 6 inch PVC sewer line
5 currently connects to the existing structure and additional structures will require
6 separate connections; d) each new structure will require a separate water meter; and
e) any additional parking required over the existing paved parking area shall be
7 improved by paving and stripping, with additional stormwater detention. A
8 memorandum dated August 26, 2002, requires the installation ora sidewalk along the
entire site frontage of Ahlvers Road.
9
23. One written comment was received on the proposal by August 12, 2002, the end of
:1. 0 the public comment period. The letter was from a group of four citizens who stated
:1_ :1_ that traffic impacts had not been thoroughly studied and would become a problem as
a result of the project, that drainage issues had not been properly addressed, and that
12
the use is incompatible with a residential neighborhood.
:1_ 3 24. Following the Planning Commission's approval of CUP 02-08, the appellants filed
:t_4 an appeal against the Planning Commission's decision on February 25, 2003. The
:1. 5 appellants and the applicant attempted to negotiate a resolution of the appeal, which
resulted in the appeal being delayed for approximately one year. During the appeal
16 before the Ci_ty Council at the Council's February 3, 2004 meeting, the appellants
:1. 7 raised the following three issues:
:1_8 a. Due to the proposed family life center building's size, height, and
proximity to appellants' neighborhood, should the building be relocated
19 farther to the west on the applicant's property_?
2 0 b. Due to the existing groundwater problem in appellants' neighborhood,
21 should a curtain drain be required to keep increased groundwater from the
clearing of the applicant's site from exacerbating the problem in the
2 2 appellants' neighborhood?
2 3 c. Does this Conditional Use Permit allow the development of any buildings
2 4 in Area D of the site plan?
25. The City Council finds that appellants have failed to demonstrate that it is necessary_ and
2 5 warranted to move the family life center building farther to the west on the
2 6 applicant's property. However, during the appeal of the Conditional Use Permit and in
27
6-Independent Bible Church CUP PORT ANGELES CITY ATTORNEY
2 l~t Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 92
3_
2 response to the appellants' contention that the family life center should be
relocated farther from the appellants' neighborhood due to the building's size and height, the
3
applicant proposed relocating the family life center so that it would be 60 feet from the east
4 property line and also proposed reducing the building's size and height in accordance with
5 a drawing that was submitted to the City Council. The Ci_ty Council finds that the applicant's
proposal is a good faith effort to address the appellants' concern and should be included in
the Conditional Use Permit. The City Council also finds that the project would be improved
7 if the parties were to agree to a landscaping plan with a varie _ty of _types and heights of trees
8 and shrubs.
26. There is evidence in the record indicating that existing groundwater problems in
9
appellants' neighborhood could be exacerbated by the proposed clearing of the applicant's
10
property. However, engineering analysis is necessary to determine if this potential impact
11 is of such magnitude that mitigation measures such as a curtain drain should be required
for the Clearing and Grading Permit.
3_2
27. The appellants and the respondents agree that any development of Area D of the site plan
13 is not part of this Conditional Use Permit and would be subject to new review and approval
3_ 4 by the City to the extent required by City ordinances.
CONCLUSIONS
16 Based on the -'--~ ....... -' ........ -"~-" :--
~.~.,~.~l,~[.,,. t,,,, v,,~u ~. Department Staff Report for CUP 02-08 dated February 12,
:1_7 2003,m,.,m~.~' -'--]: .... ,m" ,,~""--[~ .~,~.,m~,.:~-" ....... :~- in the public record file, comments, testimony presented
1_ 8 during the public hearing, the Planning Commission's discussion and deliberation, the arguments of
the parties and the deliberations of the City Council during the CUP appeal, the above listed
l_ 9 conditions of approval, and the above listed findings, the City of Port Angeles I'l&i~i~ing C.c,n~n~i$$ioi~
2 0 City Council hereby concludes that:
21
1. A-s'-,xmd/t/m'r~ With the conditions required by the Planning Commission and
22 revised by the City Council, the proposal is consistent with the intent of the
23 Comprehensive Plan's Low Density Residential Land Use Designation, the
24 Comprehensive Plan's Land Use Element Goal C, Policy No. 1, Transportation
Element Goal B, Policy No. 16, and Utilities and Public Facilities Element Goal B,
2 5 Policy No. 3.
2 6 2. The Comprehensive Plan allows for subordinate and compatible uses within different
27
7-Independent Bible Church CUP PORT ANGELES C1TY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652
51 93
3-
2 zones including residential zones. It also specifies that residential uses in
3 neighborhoods may be augmented by subordinate and compatible uses and lists
schools and churches as examples of subordinate and compatible uses.
4 3. The proposed use, a church addition that will accommodate a school and the
5 development of an athletic field, is consistent with the intent and purpose of RS-9
zone and is compatible with adjacent residential uses. If the proposed use complies
with certain definitions and the design and performance standards set forth by the
7 Zoning Code, it can be deemed consistent with the Zoning Code.
8 4. A~o~x~'~dvned With the conditions required by the Planning Commission and
revised by the City Council, the proposal for the family life center is consistent with
the requirements for approval of a conditional use permit as specified in PAMC
3-0 17.96.050.
3-1 5. The use does not significantly reduce travel speed/time on the adjacent arterial roads
and does not lower the Level of Service standard on the adjacent arterial roads.
3_2
6. A-s-eord/'hxmed With the conditions required by the Planning Commission and
:1_3 revised by the City Council, the proposal is consistent with the City's Parking
14 Ordinance, PAMC 14.40.
7. A-~errnditim'r~ With the conditions required by the Planning Commission and
revised by the City Council, the proposal for the family life center is in the public use
3- 6 and interest.
:[7
3_918 DATED this/'~d~ay °f February' 2004' ~,
2 0 RI~HARD HEADRffCK~ Mayor
City of Port Angeles
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2 2 G:~egal_Backup~LITIGATIObhIndependentBibleFindings.wpd
23
24
2S
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27
8-Independent Bible Church CUP PORT ANGELES CiTY ATTORNEY
2 8 Decisions, Findings & Conclusions 321 East Fifth Street / PO Box 1150
Port Angeles, WA 98362-0217
Phone: 360-417-4530 * Fax: 360-417-4529
Craig D. Knutson, WSBA #7540
Dennis C. Dickson, WSBA # 17652