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HomeMy WebLinkAboutMinutes 05/02/1995 3028 CITY COUNCIL MEETING Port Angeles, Washington May 2, 1995 CALL TO ORDER - Deputy Mayor Ostrowski called the special .meeting of the Port Angeles City Council SPECIAL MEETlNG: to order at 6:30 p.m. ROLL CALL: Members Present: Deputy Mayor Ostrowski, Councilmembers Braun, Doyle, Hulett, McKeown, and Schueler. Members Absent: Mayor Sargent. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, D. Sawyer, G. Kenworthy, and K. Ridout. Public Present: H. Schmidt, Jr. ADJOURN TO The meeting adjourned to Executive Session at 6:30 p.m. to discuss litigation for EXECUTIVE SESSION: approximately fifteen minutes. RETURN TO OPEN The meeting returned to open session at 6:50 p.m. SESSION: CALL TO ORDER - Deputy Mayor Ostrowski called the regular meeting of the Port Angeles City Council REGULAR MEETING: to order at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Trip 1990, D. ALLEGIANCE: Longmeier, P. Caldwell, S. Zenovic, and J. Kilmer, Leaders. Those participating included: Z. Zenovic, D. Carlson, E. Caldwell, A. Eldred, P. Eykemans, C. Pumell, B. Stokke, K. Belfield, M. Gardner, B. Ude, T. Warren, A. Filcher, and J. Longmeier. APPROVAL OF Councilman Braun moved to approve the'minutes of the special meeting of April MINUTES: 14, 1995. Councilman Hulett seconded the motion, which carried unanimously. Councilman Doyle moved to approve the minutes of the regular meeting of April 18, 1995. Councilman Braun seconded the motion,which carried unanimously. CEREMONIAL 1. Proclamation Recognizing the Week of May 21 through May 27, 1995 as MATTERS/ National Public Works Week PROCLAMATIONS: Deputy Mayor Ostrowski read a proclamation recognizing the week of May 21 National Public through May 27, 1995, as National Public Works Week. Works Week National Maritime Day 2. Proclamation Recognizing May 22, 1995, as National Maritime Day. Deputy Mayor Ostrowski read a proclamation recognizing May 22, 1995, as National Maritime Day and introduced Harold Schmidt, a member of the National Maritime Association, who provided a history of the maritime service. Buddy Poppy Days 3. Proclamation Recognizing May as Buddy Poppy Month Deputy Mayor Ostrowski read a proclamation recognizing May as Buddy Poppy Month. CITY CouNCIL Councilman Doyle attended a Real Estate Committee meeting; the items considered COMMITTEE will be discussed either later in the agenda or at a future meeting. Councilman REPORTS: Doyle also attended a Dispute Resolution teleconference, as well as a seminar on the - 1 ' 3029 CITY COUNCIL MEETING May 2, 1995 CITY COUNCIL Uniform Building Code. COMMITTEE REPORTS: Councilman Schueler attended a Cable TV Government/Education Channel Advisory (Cont'd) Committee meeting where Channel 21 programming was reviewed. Manager Pomeranz gave a brief explanation of Channel 21 and its goals. Councilman Schueler also attended a Library Steering Committee meeting; the committee is considering proposals from ten architectural firms who have expressed interest in designing the new library. Councilman Braun also attended the Real Estate Committee meeting and a Transit Facility Committee, where finances and the moving schedule were discussed. Councilmember McKeown had nothing to report. Councilman Hulett attended a Public Information Committee meeting along with Councilman Schueler. The Committee discussed non-City inserts with utility bills and decided not to implement this service. Councilman Hulett also attended a Visitors and Convention Bureau meeting, as well as a Chamber of Commerce Board meeting. Deputy Mayor Ostrowski attended a meeting of the Peninsula Regional Transportation Planning Organization. He announced that the ranking for ISTEA funding placed the Discovery Trail from Deer Park to Old Olympic Highway. as No. 1. He also attended the Real Estate Committee meeting and the Clallam Transit Board meeting. FINANCE: 1. Bids for Francis Street Stormdrain Project Bids for Francis Street Deputy Mayor Ostrowski reviewed the information provided by the Public Works Stormdrain Project Department. Councilman Schueler moved to accept the bid from Aurora Engineering, Inc., for construction of the Francis Street Basin Storm Drain Improvements for the amount of '$752,451.80 and authorize the Mayor to execute the construction contract. Councilmember McKeown seconded the motion. Discussion followed, and Council was given a fuller explanation of what this project would accomplish. Manager Pomeranz noted this project has come about in response to citizen requests to solve a flooding problem. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, including (1) Voucher list for April 28, 1995 - $653,148.54; and (2) Payroll of April 23, 1995 - $358,468.50. Councilman Braun seconded the motion which carded unanimously. ITEMS FROM THE Councilman Schueler asked to add an item to the agenda pertinent to Library AUDIENCE/COUNCIL/ representation on the Cable TV Government & Education Channel Advisory STAFF TO BE Committee. This was added as item E.8. CONSIDERED OR PLACED ON A Councilman Doyle noted the report in the Information Packet pertinent to Earth Day. FUTURE AGENDA: He asked for a brief discussion in this regard; the matter was added to the agenda as Item E.9. LEGISLATION: A. Public Hearings Street Vacation- 1. STREET VACATION PETITION- STV 95(04)03 - ANDERSON/SAWBY, Anderson/Sawby Portion of Fourth Street: Request for vacation of City right-of-way Deputy Mayor Ostrowski opened the public hearing at 7:50 p.m. David Anderson, 904 Benjamin Street, petitioner, advised the Council that he would like to change the street vacation request to the extent that only the radius on the northeast end of Fourth Street would be included in the vaCation, and the remainder of the original street vacation request would be excluded. He used the overhead projector to demonstrate the specific area he hoped to have vacated. Planning Director Collins addressed the Council and explained that, although the Planning Commission recommended approval, the Planning staff had recommended denial, as Mr. Anderson asked that the entire street be vacated. Approval of such a vacation would reduce development opportunities by eliminating future use of the Fourth Street fight-of-way between Benjamin Street and property to the south. However, Mr. Anderson has since changed his request to only a small portion of Fourth Street, which would be consistent with the normal development of a grid -2- 3030 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: street system. Therefore, Staff would have no objection to the revised proposal. (Cont'd) Discussion followed, and further clarification was provided. Street Vacation - Deputy Mayor Ostrowski closed the public hearing at 8:02 p.m. Anderson/Sawby (Cont'd) Attorney Knutson informed the Council members that they could adopt the ordinance correcting the legal description, or direct staff to correct the ordinance and bring it back to the next meeting. Deputy Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street adjacent to Lot No. 6 of Pinebrook II Subdivision. Councilmember McKeown moved to adopt the Ordinance as read by rifle, with the legal description changes inserted in Paragraphs 2 and 3 in place of Paragraph I as submitted. Councilman Doyle seconded the motion. Deputy Director of Public Works Ridout stated that the compensation for the property would be $1814.22. Councilmember McKeown amended her motion to include the compensation amount. A vote was taken on the motion, which carried unanimously. 'Because of the change in the street vacation, discussion was held concerning the need to revise and subsequently adopt Conditions, Findings and Conclusions. Councilmember McKeown moved to adopt Condition 1, Findings I - 5, and Conclusions A - C with Condition 1 and Conclusion B amended as discussed. However, Attorney Knutson pointed out that the Condition should be contained within the ordinance. He suggested that the ordinance be corrected and brought back to the next meeting rather than attempting to amend it tonight. Councilmember McKeown moved to rescind the approval of the ordinance and to have the Ordinance brought back to the next Council meeting. Councilman Hulett seconded the motion, which carried unanimously. Rezone Request - 2. REZONE REQUEST- REZ 95(04J02 - THOMPSON, 800 Block Georgiana. Thompson Request to rezone two lots approximately 14,000 square feet, from R$-7, Ordinance 2864 Residential Single Family, to CO, Commercial Office. Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and opened the public hearing at 8:10 p.m. Kirk Thompson, applicant for the rezone, stated that this rezone is in compliance with the Comprehensive Plan. The neighbors are not in opposition to this request. Deputy Mayor Ostrowski closed the public hearing at 8:13 p.m., and Planning Director Collins responded to rezone questions posed by the Council. Deputy Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2864 AN ORDINANCE of the City of Port Angeles rezoning property located in the 800 Block of Georgiana Street from RS-7, Residential Single Family, to OC, Office Commercial, and amending the Official Zoning Map. Councilman Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 11 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously, Clerk Upton pointed out that there were only ten Findings, as there was a numbering error. Councilman Braun amended his motion to Findings 1 - I0, which was agreed to by Councilman Hulett as seconder of the motion. A vote was taken on the motion, which carried unanimously. -3- 3031 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: 3. MUNICIPAL CODE AMENDMENT- MCA 95(04)04 - SUBDMSION (Cont'd) REGULATIONS: Proposal to amend the subdivision/short subdivision regulations regarding right-of-way access requirements in the case of one Zoning Code Amendment existing habitable dwelling unit Ordinance No. 2865 Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and opened the public hearing at 8:20 p.m. Councilman Hulett asked staff for an example of this scenario, which was provided by Planning Director Collins. There was no testimony, and the public hearing was closed at 8:25 p.m. Deputy Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2865 AN ORDINANCE of the City of Port Angeles, Washington, creating an exception frOm short plat fight-of-way access requirements in limited circumstances and amending Ordinance 2222 and Chapter 16.04 PAMC. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings I - 4 and Conclusions A , C as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. B. Ordinances Not Requiring a Public Hearing None. Changing Order of C. Resolutions Not Requiring Public Hearings Council Agenda Resolution No. 5-95 I. Resolution Changing the Order of Council Agenda Deputy Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 5-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the Council's Rules of Procedure by changing the order of business and amending Resolution No. 37-91. Councilman Hulett moved to pass the Resolution as read by title. Counciimember MeKeown seconded the motion. Discussion followed, and Councilman Schueler spoke in strong opposition to the resolution. It was his feeling that the public should be made aware of what each Council member is doing. Councilman Braun agreed with Councilman Schueler; however, Councilmembers McKeown and Hulett indicated their preference at having the reports submitted after members of the public have been afforded the opportunity of participating in the public hearing process. A vote was taken on the motion, which carried by a majority vote, with Councilmembers Doyle, Hulett, and McKeown voting for the motion, and Councilmen Braun and Schueler voting in opposition. Retention of Audio Tape 2. Adopting Retention Period for Audio Tape Recordings Recordings Deputy Mayor Ostrowski reviewed the information provided by the City Clerk and read the Resolution by title, entitled RESOLUTION NO. A RESOLUTION of the City council of the City of Port Angeles, Washington, adopting a ten-year minimum retention period for audio tape recordings of City meetings and public hearings. Councilman Braun moved to pass the Resolution as read by title. Councilman Doyle seconded the motion. Discussion followed and, in the interest of preserving -4- 3032 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: history, Councilman Schueler suggested the audio tapes be transferred to CDs so they (Cont'd) can be kept permanently. Clerk Upton explained that the tapes get brittle and break down. There ,.are many old tapes that may no longer be useable, and therefore, may Retention of Audio Tape not be capable of being transferred to CDs. Manager Pomeranz offered to have staff Recordings (Cont'd) look into alternative ways to store this information and bring this issue back to a future meeting for further consideration. After further discussion, Councilman Braun rescinded his motion. Councilman Doyle, as seconder, agreed. Deputy Mayor Ostrowski requested that staff look further into this matter. Break Deputy Mayor Ostrowski recessed the meeting for a break at 8:41 p.m. The meeting re, convened at 9:00 p.m. Payments to Contracting 3. Establishing PoNCY re: Payment of City Funds to Contracting Agencies Agencies Resolution No. 6-95 Deputy Mayor Ostrowski reviewed the information provided by the City Attorney. At the request of the Council, Attorney Knutson clarified the payment policy and how it would affect the different agencies. He stated that the letter would be changed somewhat to make it more reader friendly. Deputy Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 6-95 A RESOLUTION of the City of Port Angeles, Washington, establishing a policy regarding payment of City funds to contracting agencies. Councilman Braun moved to pass the Resolution as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Travel Policy 4. Revising Travel Policy re: Lodging Expenses Resolution No. 7-95 City Manager Pomeranz explained that, in examining travel expenditures of the recent past, it was decided by City staff that a message needed to be sent that the City must be careful with the expenditure of City travel funds. Currently, the City uses IRS per diems for meals. Staff felt it would be appropriate to utilize IRS lodging per diems as a maximum for out-of-state travel, and amended the State of Washington per diems to what was felt to be a reasonable rate. After further discussion, Deputy Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 7-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the Personnel Policies and Procedures by revising the travel policy for lodging expenses. Councilman Doyle moved to pass the Resolution as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. SHORELINE MANAGEMENT PERMIT.- SMA 95(04)149 - PORT OF PORT Shoreline Management ANGELES, Ediz Hoolc Proposal to construct a multi-purpose pier (Marine Permit - Port of Port Safety & Resource Center) in the IH, Imtustrial Heavy District. Angeles Deputy Mayor Ostrowski reviewed the information provided by the Planning Department. He introduced Ken Sweeney, Planner for the Port of Port Angeles, who gave a brief explanation of the proposal and responded to questions posed by the Council. Mr. Sweeney indicated there would be approximately 120 jobs created/retained, and 384 jobs induced, for a total employment factor of 504 positions. Manager Pomeranz expressed concern regarding attractiveness of Ediz Hook, and he queried as to h°w this project might enhance the Hook. Mr. Sweeney responded there were plans to construct a viewing tower in the vicinity of the Waterfront Trail. Further, landscaping enhancements are part of the project as well. Councilman Hulett moved to approve the Shoreline Management Permit SMA 95(04)149, subject to Conditions 1 - 11 and citing Findings 1 - 13 and -5 - 3O33 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: Conclusions A - E as set forth in Exhibit "C", which is attached to and becomes (Cont'd) a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. Shoreline Management Permit - Port of Port 2. Planning Commission Minutes of April 12, 1995 Angeles (Cont'd) Councilman Hulett moved to accept the Planning Commission minutes of April 12, 1995. Councilman Doyle seconded the motion, which carried unanimously. Law Enforcement E. Other Considerations Advisory Board 1. Reappointment to Law Enforcement Advisory Board Deputy Mayor Ostrowski reviewed the information provided by the City Clerk. Councilman Schueler moved to reappoint Jim Jones to the Law Enforcement Advisory Board for a one-year term expiring June 1, 1996. Councilman Doyle seconded the motion. Councilman Hulett questioned why people are being reappointed for one year terms, when the point of the initial staggered terms of office were so that not everyone on the Board was replaced at the same time. Manager Pomeranz will have staff look into this. A vote was taken on the motion, which carried unanimously. Fire Investigation 2. Inter-Local Agreement - Fire Investigation Task Force Task Force Deputy Mayor Ostrowski reviewed the information provided by the Fire Department and asked that Chief Becker clarify what the Fire Department is attempting to accomplish with this Agreement. Chef Becker explained that this agreement would be invaluable in investigating arson fires. He introduced Tom Lowe, Chief of Fire District//3. Chief Lowe stated that the Board of Commissioners for District//3 has agreed to sign this agreement. He agreed that this agreement is important in case of arson. A discussion followed, after which Councilman Braun moved to approve the Interlocal Agreement for an Arson Task Force and authorize the Mayor to sign the a~reement. Councilman Schueler seconded the motion, which carried unanimously. Ediz Hook Lease 3. Approval of Ediz Hook - Former Salmon Club Property Deputy Mayor Ostrowski reviewed the information provided by the Real Estate Committee. Councilman Doyle moved to authorize staff to negotiate a lease with Ron Shepherd, dba Thunderbird Boat House, and to present this negotiated lease to the Council at its meeting of June 6, 1995. Councilman Hulett seconded the motion. Ken Ridout, Deputy Director of Public Works, stated that the City was in receipt of two proposals, with Mr. Shepherd's proposal being the better of the two. Mr. Ridout then reviewed the proposal as presented by Mr. Shepherd. A copy of the RFPs will be distributed to the Council. After further discussion, a vote was taken on the motion, which carried unanimously. County Comprehensive 4. Comments on County's Comprehensive Plan Plan Deputy Mayor Ostrowski introduced Rich James, the Clallam County Senior Planner, and requested that Mr. James give a presentation on this issue. Using a map, Mr. James gave the Council a visual idea of the regional comprehensive plan. He stated that the county-wide Comprehensive Plan has been approved by the planning Commission, and currently the Board is holding work sessions on it. Mr. James then gave an update on the four regional plans and stated it is hoped that all plans will be completed in July. Mr. James reviewed the map, explained the different zoning districts as well as the urban growth area, and quoted from the Comprehensive Plan. Meeting Extended Councilman Braun moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilmember McKeown seconded the motion, which carried unanimously. Discussion followed regarding the Comprehensive Plan, and Mr. James answered questions posed by the Council. Dave Sawyer, Senior Planner, explained that staff compiled a report with recommended comments on the County's draft plan which is included in the packet. -6- 3O34 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: Staff had worked with various citizen committees throughout the process of adopting (Cont'd) the Plan, and the comments reflect the issues which staff feels need further work. At the request of Council, Mr, Sawyer proceeded to clarify some of the comments County Comprehensive and issues presented in the staff report. Plan (Cont'd) Mr. Sawyer reminded the Council that this is its last opportunity to make comments to the County regarding the Regional Comprehensive Plan. Once it is adopted, it will be set into law. It is important that the County and City Comprehensive Plans compliment one another. Mr. Sawyer thanked and praised all those who worked so hard in the development of the plan. Discussion followed, and Mr. Sawyer continued to respond to questions posed by the Council, to include comments on the land use map. Director Collins pointed out that the City has not received the final changes made by the County, and the City will want an opportunity to respond to these changes as well. Staff recommends that the council authorize the Mayor or another individual to present the City's comments at the County's public hearing of May 9, 1995, and to request the County extend the time period for acceptance of written testimony until May 22, 1995. Manager Pomeranz reminded the Council that Mayor Sargent will not be able to attend the May 9 meeting and, therefore, the Council should appoint someone to take her place. It was the general consensus of the Council that Planning Director Collins ~md Senior Planner Sawyer be the City's representatives at the May 9 meeting. Mr. Sawyer again reminded the Council that this is the last opportunity to discuss the Regiomd Comprehensive Plan, and the three major issues are: 1) boundary of the urban growth area; 2) land use issues within the UGA; and 3) urban services. Councilman Doyle moved that City staff present comments to the County Commissioners at the County Commission meeting of May 9, 1995, and that the Council request that the County Commissioners accept additional written comments to at least May 22, 1995, on the adoption of the County/Port Angeles Regional Comprehensive Plan. Councilmember McKeown seconded the motion. Brief discussion followed, and Manager Pomeranz suggested that a Councilmember attend the May 9 meeting to lend credibility to the fact that the comments are Council concerns. Councilman Doyle volunteered to attend. A vote was taken on the motion, which carried unanimously. Coastal Corridor Grant 5. Letter of Support for Coastal Corridor Grant. Deputy Mayor Ostrowski reviewed the information provided by the Planning Department. Councilmember McKeown moved to authorize the Mayor to sign the letter in support of the grant application. Councilman Hulett seconded the motion, which carried unanimously. Director Collins suggested the letter be amended to include Highways 111 and 117. Councilmemher McKeown moved to include Highways 111 and 117 in the letter. Councilman Hulett seconded the motion. A brief discussion followed, and a vote was taken on the motion, which carried unanimously. WPPSS Cost-Sharing 6. Approval of WPPSS, (Washington Public Power Supply System) Cost- Litigation Settlement Sharing Litigation Settlement Deputy Mayor Ostrowski reviewed the information provided by the City Attorney's office. He asked Attorney Knutson for a brief summary of the issue. Attorney Knutson reviewed the effort to consummate the settlement of the WPPSS cost-sharing litigation. He stated that the recommendation being made will not cost the City anything directly. The BPA Director has informed the City that it could have a less than 1% effect on rates. Councilman Doyle moved to approve the cost-sharing case Settlement Agreement, Memorandum of Understanding, and Release of Chemical Bank unconditionally and without'reservation and authorize the Deputy Mayor to execute the same. Councilman Braun seconded the motion, which carried unanimously. -7- 3035 CITY COUNCIL MEETING May 2, 1995 LEGISLATION: Z Consideration of Contract with Department of Community, Trade, and (Cont'd) Economic Development for Phase II of the Housing Rehabilitation Program Consideration of Contract Deputy Mayor Ostrowski reviewed the information provided by the PUblic Works for Phase II of Housing Department, and Manager Pomeranz informed the Council of the success of the Rehabilitation Program Program to date. Councilmember McKeown stated that it was exciting to see the success in neighborhoods that would not normally be able to afford such improvements. Manager Pomeranz reviewed the criteria for the program and stated the benefits were long-range. Discussion followed, and the Council directed questions to various members of staff for further clarification of the program. Councilman Braun moved to anthorize the Mayor to sign the contract with the Department of Community, Trade and Economic Development, accepting $500,1}00 in Block Grant funds for the implementation of Phase II of the Port Angeles ttousing Rehabilitation Project for low-moderate income city residents. Councilmember McKeown seconded the motion, which carried unanimously. Library Representative 8. Library Representative to Serve on Cable TV Advisory Committee on Cable TV Advisory Committee Councilman Schueler explained that at the last Cable TV meeting, it was noted that different agencies were represented on the Cable TV Advisory Committee. However, the Library had no representation. Several years ago, Mr. George Stratton of the North Olympic Library System expressed interest in this Committee, and it was suggested that Mr. Stratton be invited to participate in this Committee. Councilman Schueler moved to add another position to the Cable TV Advisory Committee, with that position be filled by someone from the North Olympic Library System. Councilman Braun seconded the motion, which carried unanimously. Earth Day 9. Earth Day Councilman Doyle noted that in the Information section of the packet, there were reports on the Earth Day landfill activities, and requested PUblic Works Director Pittis give a brief report on this issue. Director Pittis reported that while the City may have lost revenue for that day, the good that resulted by the removal of such debris as old refrigerators far exceeded any cost factors. The event was a huge success. Clerk - / ~MVayor -8- 3036 Exhibit "A" REZONE REQUEST - RES 95(04)02 - Thompson Findings & Conclusions: Findings: 1. The request is to rezone two vacant 50' x 140' Townsite platted lots, totaling 14,000 square feet of property currently zoned RS-7, Residential Single Family. 2. The site is identified as commercial in the Comprehensive Plan. The following goals and policies have been identified as being most relevant to the proposal: Land Use Map Goal, Policies, and Objective Goal A., Policies 1 and 2; and Commercials and Policies Goal D., Policies 1 and 2. 3. The site is adjacent to a large area of commercial property which extends from immediately east of the property a distance of three full blocks to Jones Street and from Front Street to the marine bluff area which houses the Olympic Memorial Hospital. The commercial area along the west side of Race Street in this area extends only two lots west of Race Street with the exception of the subject block which is characterized by a five lot indentation at present. 4. Residential uses are located one block north, one-half block south, and extending west along the marine bluff area toward Downtown Port Angeles. 5. A Determination of Non-Significance was issued for the rezone on March 20, 1995, with no appeal. 6. The property was unsuccessfully proposed for rezone to Commercial Office in 1991. 7. The City's Comprehensive Plan redesignated the property as commercial in June, 1994. 8. Notice was provided of the proposal to rezone to property owners within 300 feet of the proposed area. A total of 29 notices were mailed on March 20, 1995. No negative comment has been received from either the general public or the surrounding property owners as a result of the posting/publication/mailing process. 9. The site is adjacent to other commercial zoned (CO) property. 10. The CO Zone contains landscaping standards as a buffer.to surrounding residential uses. Conclusions: A. As approved, the rezone is in the public use and interest and is compatible with the surrounding neighborhood. B. As approved, the rezone is consistent with the Goals and Policies of the Comprehensive Plan, specifically, those identified in Finding No. 2. The Comprehensive Plan identifies the site as commercial. 3037 C. Circumstances have changed since the property was denied a rezone in 1991, as the Comprehensive Plan now identifies the site as commercial. Adopted by the~.ox! Angeles City Council at its meeting of May 2, 1995. ..__~sper Ostro'~4dv-Deputy Mayor A--TTEST: C~c~ J. L~pt~nn, City ~-~erk 3038 Exhibit "B" MUNICIPAL CODE AMENDMENT - MCA 95(04)04 - Subdivision Regulations Findings & Conclusions: Findings: 1. The short subdivision ordinance has been reviewed with respect to an exception to right- of-way access design standards. 2. The comprehensive Plan, in particular Growth Management Goal A., Land Use Goal A., Policy A.2., Goal B., Policy B.I., Policy B.2., Policy B.3., Goal C, Housing Policy A.5, Capital Facility Goal A., Policy A.9., and goal B., have been reviewed with respect to the proposal. 3. The standards for right-of-way access and lot design interact to limit site planning for lot patterns. 4. A Determination of Non-Significance was issued for the proposal on April 5, 1995. Conclusions: A. The Municipal Code Amendment is in the public use and interest. B. The Municipal Code Amendment is consistent with the comprehensive Plan Goals as identified in the staff report. C. The Municipal Code amendment is consistent with the intent of chapter 16.04 of the Port Angeles Municipal Code. ~'~~ by th/e~ngeles City Council at its meeting of May 2, 1995. ~--P~.s~/ O;[roWs~puty Mayor A~FEST: d-~.ck~ J. Upt~,- City C~erk 3039 Exhibit "C" SHORELINE MANAGEMENT PERMIT - SMA 95(04)149 - Port of Port Angeles Findings & Conclusions: Conditions: 1. The proposed project shall satisfy the condition of approval for VAR 95(03)02. 2. The proposed project shall satisfy the conditions/concerns of the Army Corps of Engineers hydraulic approval (issued March 20, 1995). 3. The project shall comply with all of the mitigation measures of the MDNS issued by the Port of Port Angeles on June 13, 1994. 4. The proposed project shall satisfy the concerns of the City's Public Works Department as follows: a) Plan view sheet No. 1 prepared on September 20, 1994, should be revised to reflect Ediz Hook Drive as the fronting street rather than Marine Drive. b) Proposed eventual expansion of public access by construction of a viewing tower at the site could possibly be improved by locating the tower at the sail and paddle park where parking is available or participation in improvements at other access locations on the harbor. c) Disposal of materials not suited for marine disposal at an upland site within the City will require a clearing and grading permit. d) Parking will require a site layout including drainage to be submitted for review and approval by Public Works. e) Vehicle access crossing the Waterfront Trail will necessitate structural section improvements and installation of crosswalk markings and signage. f) Water and sewer services serving vessels will require special protective devices and measures. g) Sanitary force main completion is currently programmed for 1996. Interim - measures may be required to serve the development if sewer services are needed prior to completion of the sewer force main. 5. The proposed project shall satisfy the concerns of the City Light Department as follows: a) All new buildings shall maintain a minimum of 12.5 feet clearance from existing overhead powerlines. 6. The applicant shall provide a physical separation along the full length of the Waterfront Trail and the subject site except for approved driveway access areas prior to final 3040 approval for use of the pier. 7. The applicant shall retain a qualified archaeologist to be on site and monitor any excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 8. The project shall comply with all of the requirements of the City's Environmental Protection Ordinance. 9. The project shall provide public waterfront access from the City's Waterfront Trail. 10. The project shall comply with the Uniform Fire Code. 11. Utilities shall be underground where feasible as agreed upon by staff and the Port's representative. Finding: 1. The applicant, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on December 13, 1994 which is included in the staff report as Attachment A. 2. The application is to construct 1) an approximately 10,000 sq. fi. warehouse/office building, 2) an approximately 29,000 sq. ft. multi-purpose pier, trestle, and mooring dolphins, and 3) beach/md fill. 3. A Mitigated Determination of Non-Significance (MDNS) was issued by the Port of Port Angeles SEPA Responsible Official on February 10, 1995. 4. The Port received substantial comments on the MDNS and revised the project to address many of the concerns. 5. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 6. The multi-purpose pier and associated warehouse and office building is proposed on Ediz Hook which is part of the intensely developed Port Angeles Harbor on a site that has previously been used as a log transfer and storage facility for the majority of the past fifty - years. 7. The subject site and proposed project is adjacent and directly accessible to the City's Waterfront Trail. 8. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 9. The upland portion of the subject site is designated as Industrial and the over water portion of the project is designated as Open Space in the Comprehensive Plan. 3041 10. The upland portion of the subject site is zoned IH (Industrial, Heavy) and the over water portion of the project is zoned PBP (Public Buildings and Parks). 11. The subject site is designated Urban Environment in the City's Shoreline Master Program. 12. Hydraulic project approval was issued by the Corps of Engineers on March 20, 1995. 13. Areas located on the pier can provide some of the required parking spaces. Conclusions: A. Based on the staff report analysis, public review and comment, the Planning Commission's discussion and deliberation, and the findings listed above, the proposed multi-purpose pier is dependent on its location, and use of the shoreline. B. Based on the staff report analysis, public review and comment, the Planning Commission's discussion and deliberation, and the findings listed above, and as conditioned above, the project should achieve the intent of the City's Comprehensive Plan's Land Use Policy H 3, Open Spac~ Policies I 1 & 2, and Conservation Policies D l&4. C. Based on the staff report analysis, public review and comment, the Planning Commission's discussion and deliberation, and the findings listed above, and as conditioned above, the project should achieve the intent of City's IH and PBP zones. D. Based on the staff report analysis, public review and comment, the Planning Commission's discussion and deliberation, and the findings listed above, and as conditioned above, the project should achieve the intent of The City's Shoreline Master Plan Urban Environments's Policies C 1, 3 & 4, D 1 a & 2, F 1 a, b & e, 7 b, 8 b & f, 17a&c, 18a, b&c, and 19a. E. Based on the staff report analysis, public review and comment, the Planning Commission's discussion and deliberation, and the findings listed above, and as _--~--. conditioned above, the project will not be detrimental to the shoreline. /Adopt~cd by the p/ort~s City Council at its meeting of May 2, 1995. ~'~--.P~sl~er Ost'rowski, DepUty Mayo;- - ATTF_~;I': (,~k~ J. UptOn, ~ity-Clerk