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HomeMy WebLinkAboutMinutes 06/04/1996 3282 CITY COUNCIL MEETING Port Angeles, Washington June 4, 1996 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 5:15 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk.Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, K. Ridout, B. Coons, and D. Dickson. Public Present: P. & T. Munro, E. Hanson, D. Reidel, and P. Downie. ADJOURN TO Mayor Ostrowski adjourned the meeting to Executive Session to discuss two matters EXECUTIVE SESSION: of litigation for approximately forty-five minutes. RETURN TO The meeting returned to open session at 6:15 p.m. OPEN SESSION: Golf Course Scott Brodhun, Director of Parks and Recreation, introduced Jon Peterson of Feasibility Study Economic Research Associates, the City's consultant regarding the golf course feasibility study. Mr. Peterson reminded the Council that a draft financial feasibility study had been completed in April. He then reviewed the steps taken to arrive at the draft version of the study. Mr. Peterson felt the site had great potential, and discussion ensued concerning the possibility of using the landfill site for the golf course. The potential use would be determined by the configuration of the golf course. Mr. Peterson reiterated the need for a waterfront hole. Director Brodhun informed the Council that most people suggest a minimum of 140 acres, and Public Works Director Pittis indicated there may be a need to purchase additional land. Mr. Peterson recommended the City look at charging different rates for residents and non-residents. The study indicates that by the fourth year of operation, the golf course could be generating between $400,000 and $500,000 per year in income before debt service. Lengthy discussion followed concerning other golf courses potentially being developed for the Peninsula. The financial impacts were discussed, and Mr. Peterson reviewed assumptions critical to the study, as well as certain conditions. Discussion followed, and Mr. Peterson responded to questions posed by the Council. Finance Director Godbey indicated it would be helpful to conduct an economic analysis of how a golf course would impact the community. Councilmember McKeown supported having such an analysis done, and she indicated it should be very inexpensive. It would be necessary to have the contract amended to include the study, and by general consensus, the Council agreed. Mayor Ostrowski thanked Mr. Peterson for his report and noted the Council will discuss this in detail at a future meeting. ADJOURN SPECIAL The special meeting was adjourned at 6:58 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:12 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of May MINUTES: 21, 1996. Councilman Wiggins seconded the motion, which carried unanimously. -1- 3283 CITY ~OUNCIL MEETING June 4, 1996 APPROVAL OF Councilman Doyle moved to approve the minutes of the special meeting of May MINUTES: 22, 1996. Councilman Campbell seconded the motion, which carried (Cont'd) unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: 1. Award of Hose Bids Award of Bids for Mayor Ostrowski reviewed the information provided by the Fire Department. Fire Hose Councilman Campbell moved to award the bid to L. N. Curtis for the sum of $28,093.05, including sales tax. Council Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda, including: 1) Payroll - May 19, 1996 - $370,235.52; 2) Voucher list - May 31, 1996 - $717,116.60. Councilman Campbell seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Councilman Braun asked to add Item D.4. regarding the intersection at Boulevard AUDIENCE/COUNCIL/ and Lincoln Street. STAFF TO BE CONSIDERED OR Councilman Wiggins asked to add item D.5. regarding removal of logs from City PLACED ON A property. FUTURE AGENDA: Manager Pomeranz presented a revised preliminary drawing of the new library. Director of Public Works Pittis distributed a handout showing the north and south elevations. Manager Pomeranz stated staff was pleased that so many people came fbrward to express their opinions regarding the library facility. Based on this input and working with the Committee and the Library Board, there were some significant modifications made to the facility. These will impact the cost of the facility, structure and time line. Director Pittis stated that a formal report would be prepared for the June 18 meeting; however, staff felt the Council should have this information tonight, as the drawing will be placed in the library for public display tomorrow. Various Council members expressed approval of the preliminary drawing, and Councilman Doyle stated the changes would result in the structure costing at least $100,000 more than originally planned. Councilman Doyle went on to describe some of the changes, and why they were necessary. Director Pittis stated the next step is construction drawings. It is hoped construction will begin in April, 1997. PUBLIC HEARINGS: 1. Comprehensive Plan Amendment - CPA 06-01 - REED - 600 Block Race Street: Request for an amendment to the City's' Comprehensive Plan to allow Comprehensive Plan a change for approximately 28,000 square feet of property from LDR, Low Amendments - Density Residential, to C, Commercial. Ordinance No. 2917 2. Comprehensive Plan Amendment - CPA 96-02 - CITY OF PORT ANGELES, East and West of Golf Course Road between Melody Lane/Lindberg Road and Maddock Road/Woodhaven Lane: Proposal to designate recently attnexed property on the City's Comprehensive Land Use Map to LDR, Low Density Residential. Mayor Ostrowski reviewed the information provided by the Planning Department and stated Items I and 2 would be combined into one public hearing. He requested that the Planning Director review the issue. Director Collins pointed out that there were maps of the area included in the packet, and that there were two amendments before the Council. One is a request by Jim Reed, a property owner, and the second change is an update of the Comprehensive Plan map to include areas recently designated as annexation property. The current zoning on Mr. Reed's property is Iow density, RS-7, but the comprehensive plan calls for medium density of the land. A request for a zoning change to medium density, RMD, was made earlier this year; however, the Council denied the request. Mayor Ostrowski then opened the public hearing at 7:30 p.m. Jim Reed, 485 Blue Mountain Road, the applicant, displayed a map of the area under discussion. Mr. Reed spoke in support of the amendment and pointed out that while -2- 3284 June 4, 1996 PIJBLIC IiEARING$: changing the zoning to Office Commercial would open up the possibility of building (Cont'd) an apartment complex, due to the size of the lots, any apartments built would have to be small. Also, parking would be a problem. It is Mr. Reel's opinion that the Comprehensive Plan best use of tha~ ~ .~d ~b~ office commercial. Mr. Reed then responded to Amendments- questions directed~:b3~ tli~ CoUnCil, and with Directors Pittis and Collins, he provided Ordinance No. 2917 clarification of traffic patterns, ingress and egress to the lots, and whether access (Cont'd) should be off Race Street or Seventh Street. Sandy Reed, 485 Blue Mountain Road, spoke in support of the amendment. Ms. Reed stated she and her husband would be willing to sign an agreement promising the land would only be used for office commercial uses and not apartment complexes. Director Collins stated there could be an amendment to the Zoning Code to restrict residential uses in the commercial office zone. Attorney Knutson explained that it is possible to have a contract rezone; however, in the past Council has decided against these types of rezones for many reasons, one of which is concern over the difficulty of enforcing and administering contract zoning. Tom Munro, 923 E. Sixth Street; spoke in opposition Of the amendment, as he had concerns regarding traffic and felt there were already several commercial zones and many empty offices. Pam Munro, 923 E. Sixth Street, also spoke in opposition of the amendment. Ms. Monroe stated she had spoken to Mr. Thornburg and he was under a misunderstanding regarding zoning requirements. He indicated to Ms. Munro that he would now like to see the zoning remain residential. Darin Reidel, 910 E. Sixth Street, spoke in opposition of the amendment. He stated originally Mr. Reed had discussed erecting duplexes for the elderly on this land, then changed to putting an office building there. The neighbors are feeling vulnerable, and feel if the rezone is granted they have no safeguard. He also expressed concern over traffic patterns if the rezone is granted. Mildred Sheen, 911 E. Sixth Street, spoke in opposition of the amendment as she felt it would negatively impact her property value. She feared someone might erect a 24- hour convenience store if the rezone is granted. Jim Reed, 485 Blue Mountain Road, explained that it is not possible to rezone directly to office commercial. The Comprehensive Plan must first be amended, and then a rezone would be sought for either commercial neighborhood or commercial office. If it is zoned office commercial, which is what Mr. Reed desires, a 24-hour convenience store would not be allowed. There was no further testimony, and Mayor Ostrowski closed the public heating at 8:05 p.m. Councilman Campbell noted that the Findings and Conclusions in the packet, for and against the amendment, seemed to be reversed. Director Collins clarified that the Findings and Conclusions on Page 67 supported denial of the change, and the Findings and Conclusions on Page 73 are in support of the change. Discussion ensued, and Councilman Doyle felt Race Street was a busy commercial street and its best use would not be residential. Councilman Doyle moved to amend the Comprehensive Plan to change the land use designation of the subject four lots from medium density, residential to commercial, citing Findings 1 - 6 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion. Discussion followed, and Councilman Hulett asked if the Comprehensive Plan preferred cluster zoning rather than strip zoning fbr commercial districts. Director Collins responded affirmatively and agreed that this rezoning would be contrary to that policy. Councilmember McKeown felt residential neighborhoods should not be encroached upon. Councilman Campbell understood Councilmember McKeown's point, but felt the character of Race Street was established long before the Comprehensive Plan. However, this is a relatively minor change, and the rezone must be justified through a separate process, and the Comprehensive Plan should be amended to accommodate this change. A vote was taken on the motion, which carried by a majority, with Counciimembers Campbell, Doyle, Hulett and Wiggins voting in favor, and Councilmembers Braun and McKeown voting in opposition. Attorney Knutson pointed out that Findings and Conclusions had not been cited for the second Comprehensive Plan amendment. He felt a motion should be made to that effect before adopting the Ordinance. Councilman Campbell moved to -3- 3285 CITY COUNCIL.MEETING June 4, 1996 PUBLIC HEARINGS: approve the Comprehensive Plan amendment CPA 96-02, citing Findings 1 - 4 (Cont'd) and Conclusions A - C, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion, which Comprehensive Plan carried unanimously, Amendments - Ordinance No. 2917 Mayor Ostrowski then read the Ordinance by title, entitled (Cont'd) ORDINANCE NO. 2917 AN ORDINANCE of the City of Port Angeles, Washington, amending the Comprehensive Plan Land Use Map and amending Ordinance 2818. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. Municipal Code 3. Municipal Code Amendment - MCA - 96-02 - CITY OF PORT ANGELES, Amendment - Environmentally Sensitive Areas (ESA) Ordinance: Revision to the City's Ordinance No. 2918 ESA Ordinance to allow flexibility itt determining buffer requirements attd creating a 'minor construction ' exemption where construction is so minor as to make geotechnical analysis infeasible. Mayor Ostrowski reviewed the information provided by the Planning Department. Councilman Campbell stated that the ordinance needed clarification. On Page 83 of the packet, the ordinance should have the words 'on an interim basis" struck out, not just the words 'an interim", to which the Council agreed. Manager Pomeranz stated this Ordinance amendment was one of the first Bureaucracy Busting efforts, and he thanked the Planning Department and City Attorney's office for their efforts. Mayor Ostrowski then read the Ordinance by title, entitled ORDINANCE NO. 2918 AN ORDINANCE of the City of Port Angeles, Washington, allowing more flexibility in determining buffer require- ments and creating a 'minor construction" exemption in the Environmentally Sensitive Areas Protection Ordinance and amending Ordinance 2656 and Chapter 15.20 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as corrected and as read by title, citing Findings 1 - 4 and Conclnsions A - E, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimonsly. Zoning Code 4. Zoning Ordinance Amendment - ZCA 96-03 - CITY OF PORT ANGELES, Amendment- Planned Residential Developments (PRD): Revision to the City's PRD Ordinance No. 2919 requirements forfinal plat approval clarifying the final approval of PRDs where phasing of the development has been previously approved. Mayor Ostrowski reviewed the information provided by the Planning Department. Director Collins explained that this was primarily a housekeeping measure, and he clarified some vague language. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2919 AN ORDINANCE of the City of Port Angeles, Washington, revising the requirements for final approval of planned residential developments and amending Ordinance 2038 as amended and Chapter 17.19 of the Port Angeles Municipal Code. Attorney Knutson reminded the Mayor that the public hearing had not been opened. Mayor Ostrowski opened the public hearing at 8:25 p.m. There was no one present who wished to address the issue and the public hearing was closed. Councilman Wiggins moved to adopt the Ordinance as read by title, citing Findings 1 - 4 and Concinsions A - D, as set forth in Exhibit "D", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion, which carried unanimously. 3286 June 4, 1996 PUBLIC HEARINGS: Mayor Ostrowski stated he had not opened the public hearing on the previous issue. (Cont'd) Attorney Knutson asked for a motion to reconsider, and then the public hearing could be opened. Zoning Code ,'~ ~ . ~, Amendment - COuncilman Itulettiiioved to reconsider MCA 96-02. Councilmember McKeown Ordinance No. 2919 seconded the motion, which carried unanimously. (Cont'd) Mayor Ostrowski opened the public hearing on MCA 96-02 at 8:28 p.m. There was no one present who wished to address the issue, and the public hearing was closed. Councilman Itnlett moved to adopt the Ordinance as previously read by title, inclusive of Findings 1 - 4 and Conclusions A - E. Councilmember McKeown seconded the motion, which carried unanimously. Municipal Code 5. Municipal Code Amendment - MCA - 96-05 - CITY OF PORT ANGELES, Amendment - City-wide: Proposal to amend the City's subdivision regulations with regard Ordinance No. 2920 to requirements for final plat submittal and to allow for improvement exceptions for commercially zoned properties where there will not be an increase in the number of lots within a short plat allowing for improvements to be made following final plat approval but prior to occupancy of any structure. Mayor Ostrowski reviewed the information provided by the Planning Department. Director Collins stated this was also a housekeeping ordinance. Mayor Ostrowski opened the public hearing at 8:30 p.m. There was no public testimony, the public hearing was closed, and Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2920 AN ORDINANCE of the City of Port Angeles, Washington, relating to improvement exceptions for short plats in commercially zoned areas and amending Ordinance 2222, as amended, and Chapter 16.04 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title, citing Findings 1 - 3 and Conclusions A - D, as set forth in Exhibit "E", which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings None. B. Resolutions not Requiring Public Hearings None. PLANNING C. Planning Commission Minutes/Action Items COMMISSION MINUTES/ACTION 1. SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE ITEMS: PERMIT- SMA 96(05)156, Waterward of 1509 Columbia Street: Request for an SDPCUP to permit the replacement of the City's sewer treatment Shoreline Substantial outfall diffuser system in the PBP, Public Buildings and Parks zone, in Port Development CUP Angeles Harbor Mayor Ostrowski reviewed the information provided by the Planning Department. Councilman Hulett moved to approve Shoreline Substantial Development Permit' SMA 96(05)156, subject to Conditions 1 - 3 and citing Findings 1 - 15 and Conclusions A - K, as set forth in Exhibit "F", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion. Councilman Doyle asked Public Works Director Pittis for a brief status report on this project, which he provided. After further discussion, a vote was taken on the motion, which carried unanimously. 2. Planning Commission Minutes of May 8 and May 22, 1996 Councilman Doyle moved to accept and place on file the Planning Commission minutes of May 8 and May 22, 1996. Councilman Braun seconded the motion, which carried unanimously. -5- 3287 CITY COUNCIL MEETING June 4, 1996 LEGISLATION: D. Other Considerations (Cont'd) 1. /lmendment to Chamber of Commerce Contract Amendment to Chamber of Commerce Contract Mayor Ostrowski reviewed the information provided by the City Attorney. Manager Pomeranz indicated staff is recommending approval of this item. During the deliberations of the hotel/motel tax committee, a priority was placed on the Visitor's Center. The carpet came in as a late request; hoWever, Manager Pomeranz felt it important to work with the Chamber on this. Councilman Braun moved to increase the maintenance portion of the 1996 contract with the Chamber of Commerce in the amount of $1,400. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Lease for Old 2. Lease for OM City Hall City Hall Mayor Ostrowski reviewed the information provided by the Department of Public Works. Councilman Wiggins moved to approve the lease with the changes as noted and authorize the Mayor to sign on behalf of the City. Councilman Campbell seconded the motion, which carried unanimously. Easement for Coast Guard 3. Easement for Sewer on Coast Guard Base on Ediz Hook Base Sewer Mayor Ostrowski reviewed the information provided by the Department of Public Works. Councilman Doyle moved to authorize the Mayor to sign the proposed sewer easement with the U.S. Coast Guard. Councilman Wiggins seconded the motion. Discussion followed, and Public Works Director Pittis explained that the Coast Guard would pay for 100% of the work occurring on the base. There was some question regarding the wording of paragraph four, and Attorney Knutson suggested approval subject to clarification of paragraph four, which will be changed to reflect the correct intent. The City is responsible for oft-premises sewer line and the Coast Guard is responsible for the on-premise's sewer line. Mayor Ostrowski stated the motion would include the phrase 'the Mayor to sign the proposed easement as approved by the City Attorney". This was agreed to by the maker and seconder of the motion. A vote was taken on the motion, which carried unanimously. Lincoln/Lauridsen 4. Lincoln/Lauridsen Boulevard Boulevard Councilman Braun stated Staff had held a meeting regarding the intersection of Lincoln and Lauridsen Boulevard. He then asked Public Works Director Pittis to brief the Council on this matter. Director Pittis stated staff had contacted the State regarding an ultimate solution to the problems at this intersection. The City must move forward with its transportation plan, and this presents a problem with finalizing what needs to be done at this intersection. Removal of Logs 5. Removal of Logs from City Property from City Property Councilman Wiggins stated a winter storm had blown down many trees over power lines. The logs have now been sold, and arrangements have been made to move them out. Manager Pomeranz thanked Councilman Wiggins for all the time he had spent on this project. Mayor Ostrowski reminded the Council that the Association of Washington Cities is meeting in Pasco next week. Manager Pomeranz reminded the Council that the Bureaucracy Busting kick-off luncheon will be held Thursday; he gave a brief explanatiOn of the Bureaucracy Busting project. He reminded the Council that one of the ordinance changes approved tonight was a product of Bureaucracy Busting and will result in a new restaurant being able to open in Port Angeles. Pat Downie, 331 E. Eleventh Street, commended the eflbrts of Manager Pomeranz and Planning Director Collins in helping to make the changes resulting in a simpler, quicker process. ADJOURNMENT: The meeting was adjourned at 9:~.m~ City Clerk~t ~ t x--~.Jyor ~ -6 - 3288 Exhibit "A" FINDINGS & CONCLUSIONS, COMPREHENSIVE PLAN AMENDMENT - REED - 96-01: Findings: 1. This 1996 Comprehensive Plan Amendment is proposed by the property owner Jim Reed for a change in the land use designation in area of Race Street east and between 6th and 7th Streets from medium density residential to commercial. 2. The Comprehensive Plan, particularly Land Use Goal A, Policy A. 1, Goal C, Policy C. 1, and the Policy E.3 and Transportation Policy B. 5 and Objective B. 1, have been reviewed with respect to the proposed amendment. 3. The subject Comprehensive Plan map area is contiguous to commercial land use designations to the south and southwest. 4. A recent request to approve residential medium density zoning consistent with the Comprehensive Plan land use designation of the sugject area was denied. 5. The amendment was submitted in a timely manner on April 1, since the March 31, 1996, deadline was on a Sunday and the deadline was extended, therefore, to the next business day and in accordance with the procedures that have been established by the City consistent with the Growth Management Act. 6. The Environmental Impact Statement for the Port Angeles Comprehensive Plan was adopted by the City of Port Angeles for the proposed Comprehensive Plan Amendments on April 18, 1996. Conclusions: A. Comprehensive Plan Amendment 96-01 is in the public use and interest. B. Comprehensive Plan Amendment 96-01 is consistent with the Comprehensive Plan Goals, Policies, and Objectives as identified in the staff report and with the Growth Management Act. C. The City's action on Comprehensive Plan Amendment 96-01 is consistent with the established procedures for amending the Comprehensive Plan, Title 18, Port Angeles Municipal Code.  te~.~es City Council at its meeting of June 4, 1996. ~sper Os~rows~r B~ck3~ J.' ~on, ~ity Cie/rE 3289 Exhibit "B" FINDINGS & CONCLUSIONS, COMPREHENSIVE PLAN AMENDMENT - CITY OF PORT ANGELES - 96-02 Findings: 1. The 1996 Comprehensive Plan Amendments for land use designations in areas annexed since the Comp Plan Land Use Map was adopted have been proposed by the City Planning Department charged with implementing the Comp Plan's goals, policies, and objectives. 2. The Comprehensive Plan has been reviewed with respect to the proposed amendments. The amendments were submitted in a timely manner by the March 31, 1996, deadline for the annual review and according to the procedures that have been established by the City consistent with the Growth Management Act. 4. The Environmental Impact Statement for the Port Angeles Comprehensive Plan was adopted by the City of Port Angeles for the proposed Comprehensive Plan Amendments on April 18, 1996. Conclusions: A. The City's 1996 Comprehensive Plan Amendments are in the public use and interest. B. The City's 1996 Comprehensive Plan Amendments are consistent with the Comprehensive Plan Goals, Policies, and Objectives as identified in the staff' report and with the Growth Management Act. C. The City's 1996 Comprehensive Plan Amendments are consistent with the established procedures for amending the Comprehensive Plan, Title 18, Port Angeles Municipal Code. ~' P~t he y Council at its meeting of June 4, 1996. ProslY6r Ostrowski, Mayor B~cky J. Up%~-~ Cleric I - - 3290 Exhibit "C" FINDINGS & CONCLUSIONS, MUNICIPAL CODE AMENDMENT - MCA 96-02 - CITY OF PORT ANGELES Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendment: Growth Management Element Goal A and Policy A. 1, Land Use Element Goal A, Objective A. 1, Policies B. 1 and I. 1, Conservation Element Policies A. 1, A.2, A.3, B.2, B.4, and B. 15, and Objectives B.2 and B.3. 2. The proposed language allows for exceptions which are supported by scientific analysis or are minor in their application. 3. Notice of the proposed Municipal Code Amendment was posted in City Hall, County Courthouse, and the Port Angeles main branch of the North Olympic Library System on April 18, 1996, and published in the Peninsula Daily News on April 21, 1996. 4. A Determination of Non-Significance (DNS) and Adoption of a Previous Document (DNS issued 8/7/91 for adoption of the City's Environmentally Sensitive Areas Protection Ordinance) was issued on April 18, 1996, and no appeal of this threshold determination and adoption of a previous DNS has been made in a timely manner. Conclusions: A. The Municipal Code Amendment is consistent with the Comprehensive Plan Goals, Policies, and Objectives specifically those found in Finding No. 1. B. The Municipal Code Amendment is consistent with the purpose of Chapter 15.20 of the Port Angeles Municipal Code. C. The existing language in the ESA Chapter 15.20 PAMC allows for some flexibility which could be simplified with regard to geotechnicaJ/engineering conclusions. D. The proposed language allows for exceptions which are supported by scientific analysis or are minor in their application and would be prudent for administrative interpretations of ESA enforcement and for avoiding regulation overkill which many in our community could agree makes little common sense. E. The Municipal Code Amendment is in the public use and interest. ~d by~~xgeles City Council at its meeting of June 4,1996. '~Er. dspe~ Ostr'owski, ~--aayor B;clc~i. 'Up(t~n, C~y Cl;rk/ ~ 3291 Exhibit "D" FINDINGS & CONCLUSIONS - ZONING ORDINANCE AMENDMENT - ZCA 96-03 - CITY OF PORT ANGELES, Planned Residential Developments (PRD): Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendment: Growth Management Element Goal A and Policy A. 1, Land Use Element Goal A, Objective A. 1, Policy B. 1, and Objective I. 1, Transportation Element Objective B.2, Utilities and Public Services Element Goal D and Policy D. 1, Housing Element Goal A, and Capital Facilities Element Goal A. 2. The proposed language is consistent with the administrative interpretation of the PRD final approval submittal deadline and will allow the Planning Commission the discretion to approve or disapprove an extension of time for PRD final approval of preliminary approved development phases. 3. Notice of the proposed Zoning Code Amendment was posted in City Hall, County Courthouse, and the Port Angeles main branch of the North Olympic Library System on April 18, 1996, and published in the Peninsula Daily News on April 21, 1996. 4. A categorical exemption per WAC 197-11-800(2) was found to satisfy the SEPA requirements by the SEPA Responsible Official on April 18, 1996, and no appeal of this finding has been made in a timely manner. Conclusions: A. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals, Policies, and Objectives specifically those found in Finding No. 1. B. The Zoning Code Amendment is consistent with the purpose of Chapter 17.19 of the Zoning Ordinance. C. Adequate public notice and SEPA review has been given to the proposed Zoning Code Amendment. D. The proposed language of the Zoning Code Amendment is in the public use and interest. ~?~'-~_~ ~~ ~/% pe/v/Ostrowski, Mayo>"---~ - _ Be-~ky J. U~t~n, CiCt3J Clerk ]- -- 3292 Exhibit "E" MUNICIPAL CODE AMENDMENT - MCA 96-05, CITY OF PORT ANGELES, CITY- WIDE.' Findings: 1. The City's subdivision regulations have been reviewed with respect to an exception for development of' commercial zoned property when being short platted without any increase in the number of lots and provisions are made for the minimum public improvements before construction or occupancy for any new structures. 2. The Comprehensive Plan, in particular Growth Management Goal A, Policy A. 1.1., Land Use Goal A, Policy A. 2., Goal B., Capital Facilities Element Goal A., and Policy A. 9, have been reviewed with respect to the proposal. 3. The proposal was categorically exempt from requirements of SEPA (WAC 197-11- 800(20)). 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 Chapters 16.04 and 16.08 of the Port Angeles Municipal Code. D. Consolidation of small and odd shaped lots, which is desirable for development purposes consistent with the Comprehensive Plan, may not be accomplished without coordinating construction activities. ed b~I~geles City Council at its meeting of June 4, 1996. 'Woq O rows or - l~ecky J. 'U~)n,~ty c~e~k 3293 ., Exhibit "F" SHORELINE SUBSTANTIAL DEVELOPMENT CONDITIONAL USE PERMIT - SMA 96{05)156, CITY OF PORT ANGELES, Waterward of 1509 Columbia Street Conditions: 1. The project shall comply with the regulations of'the City's Shoreline Master Program, specifically those of Chapters 4, 5 and 6. 2. The project shall satisfy the concerns and requests noted in the letters received from the Department of'the Army dated March 5, 1996, the State Department of Ecology dated March 8, 1996, the State Department of.Fish and Wildlif,e dated March 14, 1996, and the Lower Elwha Klallam Tribe dated March 22, 1996 all of which are attached as pan of the May 8, 1996 Planning Commission Staff Report f,or SMA 96(03)156 Attachment B. Specifically, the City shall work with the above listed commenting agencies to determine the extent of, any existing shellfish habitat that may be impacted by the proposed action and any subsequent mitigation measures necessary to minimize any such impacts. 3. The project shall comply with the City's Environmentally Sensitive Areas Protection Ordinance. Specifically, if it is determined the project impacts a shellfish habitat area, the City shall prepare a Habitat Management Plan in accordance with Chapter 15.20.070 D of the Port Angeles Municipal Code (PAMC). Findings: 1. In 1989, the consulting firm of'Brown and Caldwell Consulting Engineers prepared the City's "Facility Plan for Port Angeles Secondary Level Wastewater Treatment Facilities." This plan reviewed the existing sewer treatment plant and made recommendations on improvements to bring the existing f,acility into compliance with the requirements of National Pollutant Discharge Elimination System (NPDES) Permit No. WA-002397-3, Condition S 14, Outf,all Evaluation and Repair. 2. The 1989, "Facility Plan for Port Angeles Secondary Level Wastewater Treatment Facilities" states: "The outf,all has been inspected on a regular basis. Over the years, the diffuser section has shown progressive damage, presumably f,rom ship's anchors. Currently, all diffuser elbows are missing and individual risers are damaged. The end manhole cover is off and most plant effluent is discharging f,rom this point. Since repair of the diffuser to its original condition will still not provide adequate dilution, the diffuser must be modified both to prevent the type of, breakage which has previously occurred and to provide higher headloss, better diffusion capability." 3. The proposed replacement of.the existing sewer outf,all diffuser is required by NPDES Permit No. WA-002397-3, Condition S14, Outf,all Evaluation and Repair. 4. The applicant, the City of.Pon Angeles, applied for a Shoreline Substantial Development Conditional Use Permit on February 8, 1996 (See May 8, 1996, Planning Commission Staff' Report for SMA 96(03) 156). 5. A Determination of Non-Significance and Adoption of.Existing Environmental 3294 Document (#659) with no comment period was issued by the City of Port Angeles SEPA Responsible Official on February 26, 1996. Subsequently, upon request from the State Department ofFish and Wildlife, an amended Determination of Non-Significance and Adoption of Existing Environmental Document with a 15 day comment period was issued for the proposal on March 19, 1996. The existing document adopted as part of this determination is MDNS #365 which was issued October 10, 1989, for the original expansion of the City's sewer treatment plant. The comment period for the current determination ran until April 4. Comment letters were received from the State Department ofFish and Wildlife, the State Department of Ecology, the Department of the Army (Seattle District, Corps of Engineers) and the Lower Elwha Klallam Tribe (See May 8, 1996, Planning Commission Staff Report for SMA 96(03)156). 6. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 7. The subject site is located outside the Port Angeles Outer Harbor Line, 3,500 feet waterward from the existing shoreline. 8. The State Shoreline Management Act as enacted in RCW 90.58, the Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 9. The subject site is designated Industrial (I) in the City's Comprehensive Plan, Public Buildings and Parks (PBP) in the City's Zoning Ordinance, and Aquatic Harbor in the City's Shoreline Master Program. 10. Utilities are a conditionally permitted use in the Shoreline Master Program's Aquatic Harbor shoreline designation. 11. There is no excavation proposed landward of the shoreline. 12. The proposed project is the number three ranked project in the City of Port Angeles 1995 - 2000 Capital Facilities Plan. 13. The City is working with the State Departments of Ecology, Health, and Fish and Wildlife and the Lower Elwha Klallam Tribe in an effort to minimize any adverse impacts on any significant shellfish habitat and to satisfy their requests noted in their responses received during the project's current SEPA review and included as part of the May 8, 1996 Planning Commission Staff Report for SMA 96(03)156. 14. The existing and proposed replacement of the diffuser is part of the existing sewer treatment plant which had its expansion reviewed as a utility structure in 1989. A utility structure is a permitted use in the PBP zone. 15. Effluent from the diffuser is treated to a secondary level. 3295 Conclusions: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Policy A 2, Utilities and Public Services Policies A 4 & D 10, Conservation Policies B 2, 10, 11 & 19, D 1, 3, 4 & 10, and Capital Facilities Policies A 2 & 4, and the City's Shoreline Master Program Chapter 4, policies D 1, 2, 7 and 8, E 1, F 1, 3 - 6, 8 and 9, and N 1, Chapter 5, policy 5, and Chapter 6, policies 1 and 2, and the City's Public Buildings and Parks zone. B. As conditioned, the proposed project is consistent with RCW 90.58.020, the City's Comprehensive Plan Land Use Policy A 2, Utilities and Public Services Policies A 4 & D 10, Conservation Policies B 2, 10, 11 & 19, D 1, 3, 4 & 10, and Capital Facilities Policies A 2 & 4, and the City's Shoreline Master Program Chapter 4, policies D 1, 2, 7 and 8, E 1, F 1, 3 - 6, 8 and 9, and N 1, Chapter 5, policy 5, and Chapter 6, policies 1 and 2, and the City's Public Buildings and Parks zone, and all associated regulations. C. As conditioned, the proposed project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the normal public use of public shorelines. E. As conditioned, the proposed use of the site and design of the project is compatible with other permitted uses within the area. F. As conditioned, the proposed use will cause no unreasonably adverse effects to the shoreline environment in which it is to be located. G. As conditioned, the public interest suffers no substantial detrimental effect. H. As conditioned, there will be no increase demand for public access to the shoreline. I. As conditioned, the proposed project will not interfere with an existing public access way. J. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. K. As conditioned, the proposed project will improve the harbor's natural environment. 2.aS~-~by the P°-~Angeles City COuncil at its meeting Of June 4' 1996'