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HomeMy WebLinkAboutMinutes 06/06/2000 4192 CITY COUNCIL MEETING Port Angeles, Washington June 6, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, McKeown, Wiggins, and Williams. Members Absent: Councilmembers Erickson and Hulett. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, G. Cutler, Y. Ziomkowski, E. Kovatch, G. Darling, T. Gallagher, G. Kenworthy, and K. Ridout. Public Present: Linda Nutter, Leland Lee, Meredith Lund, Terry Larson, Patrieia Walker, Harold~Bob Philpott. PLEDGE OF The Pledge of Allegiance to the Flag was led by retired Police Chief Steve Ilk. ALLEGIANCE: CEREMONIAL Proclamation Recognizing Retirement of Steve Ilk, Chief of Police MATTERS/ PROCLAMATIONS: Mayor Doyle read a proclamation in recognition of Stephen A. Ilk, who retired as Chief of Police. Manager Quinn presented Chief Ilk with an award, and Detective Sergeant Steve Ilk - Retirement Terry Gallagher presented Chief Ilk with a golf club for his retirement. WORK SESSION: None. LATE ITEMS TO BE A contract regarding moving structures associated with the Airport Road Realignment PLACED ON THIS OR Project was added as Item D.3. under Finance. FUTURE AGENDA: FINANCE: 1. Award Bid for Landfill Closure Award Bid for Landfill Mayor Doyle reviewed the information from Public Works & Utilities Director Cutler Closure regarding the contract award for the Landfill Closure 2000 Project. Director Cutler evaluated the low bidder and was comfortable with the contractor's abilities to perform the job. Councilman Campbell moved to accept the recommendation to award the contract for Landfill Closure 2000 Project No. 20.04 to Glacier Environmental Services, Inc., in the base bid amount of $953,108.38. Councilmember McKeown seconded the motion. In response to an inquiry from Councilman Wiggins, Director Cutler indicated there will be long-term monitoring at the Landfill. A vote was taken on the motion, which carried unanimously. Public Works Trust Fund 2. Public Works Trust Fund Pre-Construction Loan Agreement Amendment Pre-Construction Loan Agreement Amendment Mayor Doyle reviewed information from Public Works & Utilities regarding the (8~ Street Rec°nstmction Public Works Trust Fund (PWTF) Pre-Construction Loan Agreement Amendment for Project) the 8th Street reconstmction. Director Cutler explained that this amendment extends the pay back period from five years to twenty years, thereby decreasing payments for the City. The interest rate will remain the same. It was noted that a typographical error was found in the heading in the words Port Angeles. Councilman Wiggins moved to authorize the Mayor to sign the PWTF Pre-Construction Loan Agreement Amendment which extends the loan term from five to twenty years. Councilman Williams seconded the motion, which carried unanimously. -1- 4193 CITY COUNCIL MEETING June 6, 2000 Award Contract re: 3. Award Contract regarding Moving Structures Moving Structures (Airport Road Realign- Mayor Doyle reviewed the information from Public Works & Utilities Director Cutler merit Project) regarding the award of a contract for moving structures in conjunction with the Airport Road Realignment Project. City Engineer Kenworthy explained that part of the right- of-way negotiations included the agreement that the Westrum house would be relocated 100 ft. to the west to get it outside the right-of-way. Councilman Williams asked 'if there would be any complications through Planning regarding the septic or with the Building Department regarding upgrades because of the house being moved. The City Engineer indicated there should be no problems. Councilmember McKeown moved to accept the recommendation to award the contract to Ait- Tech Construction to move the house located at 1424 Airport Road in the amount of $47,938.62 which includes sales tax. Councilman Campbell seconded the motion. A question was raised on the matter of sidewalks, and the City Engineer indicated sidewalks are part of the project. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda to include: 1) Council minutes of the May 16, 2000, regular meeting; 2) Travel request for Government Finance Officers Association Annual Conference to be attended by Yvonne Ziomkowski, Finance Director. Councilman Campbell seconded the motion. Mayor Doyle noted that on Page 5 of the May 16, 2000 minutes, Councilman Campbell stated there were five other cities in the Sate that have term limits. Mayor Doyle corrected the statement to be four other cities. A vote was taken on the motion, which carried unanimously. Shoreline Master Pr~)graTM Ordinances Not Requiring Public Hearings Amendment Ordinance No. 3052 1. Shoreline Master Program Amendment - SMP 00-01 - Proposal to increase the maximum covered moorage height allowable from 20' to 30' and to clarify the definition of conditional use. (Action continued from May 16, 2000.) Mayor Doyle reviewed the information from Planning Director Collins regarding the Shoreline Master Program amendment. Director Collins indicated the Port of Port Angeles has spoken in support of this amendment. After brief discussion, Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3052 AN ORDINANCE of the City of Port Angeles, Washington amending the City's Shoreline Master Program by revising the definition of "conditional use" and by increasing the allowable height for covered moorage facilities from 20 feet to 30 feet and amending Ordinance 2033 as amended and Chapter 15.08 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title, citing Findings 1 - 17 and Conclusions 1 - 12, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. Municipal Code 2. Municipal Code Amendment - MCA 00-01 - Consideration of animal Amendment husbandry regulations City wide (Action continued from May 16, 2000.) Ordinance No. 3053 Mayor Doyle reviewed the information from Planning Director Collins regarding the Municipal Code amendment pertinent to animal husbandry. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 30~3 AN ORDINANCE of the City of Port Angeles, Washington, amending the Zoning Codes animal husbandry regulations by defining and exempting "house pets" by increasing from two (2) to three (3) the number of dogs and cats allowed to be kept outdoors without being subject to the zoning regulations governing kennels, by defining and permitting "noncommercial animal husbandry" as an accessory use in the RS9 single family residential zone and prohibiting it in -2- CITY COUNCIL MEETING June 6, 2000 4194 Municipal Code other zones, by conditionally permitting "commercial animal Amendment husbandry" in limited commercial and industrial zones, and by Ordinance No. 3053 eliminating cows as part of a private stable accessory use in the (Cont'd) RS9 zone, and amending Ordinance 1709 as amended and Chapters 17.08, 17.1 l, and 17.34 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Wiggins seconded the motion. Councilman Williams noted that he would be voting against the Ordinance due to it's confusing nature. In addition, he felt that animals should be regulated under the animal control regulations, as opposed to becoming land use or property rights issue. Lengthy discussion followed, with Director Collins offering clarification on the proposed regulations. For purposes of clarification, he suggested the possibility of adding language to the definition noncommercial animal husbandry, Section 17.08.010 G., "...the care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, up to three dogs and cats which are not house pets, or house pets." Councilmember McKeown restated the motion to adopt the Ordinance as read by rifle, citing Findings 1 - 12 and Conclusions 1 - 8, as set forth in Exhibit "B' which is attached to and becomes a part of these minutes and, further, to incorporate the added language to the definition of noncommercial animal husbandry as set forth by Director Collins. Councilman Wiggins, as seconder of the motion, agreed to the added language. A vote was taken on the motion, which carried by a majority vote, with Councilmember Williams voting in opposition. CITY COUNCIL Councilmember McKeown reported that she, Councilmember Erickson and Manager COMMITTEE Quinn had met about the Human Services funding to refine procedures. She also REPORTS: performed the ribbon-cutting at the Clallam Art League. Councilman Wiggins was involved in the selection of Jim Haguewood as the EDC Interim Director. Councilman Wiggins also viewed property on DelGuzzi Drive, owned by the City, to estimate timber values. Mayor Doyle attended the AWC Resolutions Committee meeting at SeaTac. Mayor Doyle also attended Kids Day at the Baptist Church where children were fingerprinted and given eye checks. Senator Grimm of Florida was in Port Angeles on National Parks issues. Mayor Doyle installed the Historical Society Officers who are working hard on the Lincoln School. The Rotary had an auction at the Vem Burton Center; the service club will be donating $15,000 for plants to go along Highway 101 between Del Guzzi Drive and Mt. Pleasant Road. Lome White from Victoria Tourism visited Port Angeles to promote tourism between the two cities. Steward Street Vacation Resolutions Not Requiring Public Hearings Petition Resolution No. 6-00 Mayor Doyle reviewed the information from the Planning Department regarding the Steward Street Vacation petition. Mayor Doyle read the Resolution by title, entitled RESOLUTION NO. 6-00 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of H Street abutting Lot 11, Block 305 and Lot 20, Block 306, Port Angeles, Washington. The public hearing was set for the City Council meeting of July 5, 2000. Councilmember McKeown moved to pass the Resolution as read by title. Councilman Wiggins seconded the motion, which carried unanimously. PUBLIC HEARINGS - None.. QUASI-JUDICIAL: PUBLIC HEARINGS- 1. 2001-2006 Capital Facilities Plan~Transportation Improvement Program OTHER: Hearing 2001-2006 Capital Mayor Doyle reviewed the information from Public Works & Utilities Director Cutler, Facilities Plan / who referred the Councilmembers to the list of 2001-2006 TIP and CFP Transportation Transportation Element Projects. The public hearing is intended to seek public comments to determine Improvement Program if anything needs to be modified or added to the list. Mayor Doyle opened the public hearing at 7:05 p.m. -3- t~ 1~ 5 CITY COUNCIL MEETING June 6, 2000 PUBLIC HEARINGS- Linde Nutter, 1701 East 3~, representative of the City of Port Angeles Non-Motorized OTHER: Advisory Committee, thanked the Council for the work that has been done for non- (Cont'd) motorized areas such as sidewalks. She encouraged the Council to continue giving support for bicycle lanes and sidewalks. She noted the Northwest Tandem Rally is 2001-2006 Capital scheduled for the 4* of July weekend, and there are 500 registered riders. There is a Facilities Plan / need for bicycle storage in the downtown area for bicycle riders who would like to shop Transportation in the stores. There is also a need for lockers for tourists coming over from Victoria Improvement Program who would like to store their bags. (Cont'd) Councilman Campbell moved to continue the public hearing to June 19, 2000 City Council meeting. Councilm~m Wiggins seconded the motion. Manager Quinn drew attention to the highest priorities on the project list: the Lanridsen Boulevard/Airport Road realignment project, the International Gateway project, and the 8~ Street bridge replacement. After further discussion, a vote was taken on the motion which carried unanimously. Comprehensive Plan 2. Comprehensive Plan ,~mendments: Amendments A. CPA 00o01 - LUND - Redesignafion of property from Medium density Residential to Commercial, 5~ Street to 7~ Street west of Race Street B. CPA 00-02 - City of Port Angeles - A proposal to amend the density for residential units in High Density Residential zones from a maximum of 43 units an acre to a "density greater than 43 units per net acre." C. CpA 00-03 - Momingview Development - Redesignation of property from Low Density Residential to High Density Residential located at the southeast comer of Lindberg Road and Golf Course Road. Planning Director Collins advised the Council that the Planning Commission had met and made a recommendation as to the above listed Comprehensive Plan amendments on May 31, 2000. The minutes were, however, not available for the Council's review for this meeting. He indicated that if the public hearing were to be continued to June 19, 2000, the Planning Commission minutes would be provided. Further, Director Collins referenced a letter received by the City Clerk from Ms. Patricia Walker, copies of which had been given to the Council. Mayor Doyle indicated this would be one public hearing; however, he preferred to accept testimony in the order of the issues presented. He then opened the public hearing at 7:15 p.m. CPA 00-01 Lurid Meredith Lurid, 522 South Race Street, read from a letter written by her husband, Michael Lund, which explained their personal circumstances' and why they were applying for a change to the Comprehensive Plan. A Conditional Use Permit for a business they were planning had been denied, and the Planning Director had advised the applicant to request a change to the Comprehensive Plan. The letter delineated the chronology of construction on their property, resulting in a structure that was designed to house the business on the first floor, with rented living quarters in the upper floor. In addition, Ms. Lund cited a similar situation with City resident Jim Reed in 1996, and Ms. Lund distributed to the Council copies of the Findings & Conclusions supporting approval of Mr. Reed's application at that time. Councilman Campbell requested clarification to enable him to understand how the applicant was building a commercial use in a residential zone. Further, Councilman Williams asked for clarification about the layout of the lots. Director Collins stated there were originally two north/south lots which contained one house. The Lund's changed it so there were two east/west lots which contained one garage on one lot and a house on the other lot. The Lund's took out a permit to build a garage on the lower ~ level and an apartment on the upper level, which was approved, and they began construction. During construction, the plans for the garage portion changed, and it became a fitness center. They applied for a Conditional Use Permit with the apartment unit on top being proposed for one of the owners of the fitness business and the fitness business below. The home occupation Conditional Use Permit was denied, because the actual owner was on a different piece of property. Guy Lurid, Meredith Lund's Father-in-Law, informed the Council that the Lund's purchased the house on the comer lot and had it remodeled. Councilman Campbell again asked why another building was constructed on the vacant lot for a business -4- C1TY COUNCIL ME~ETING t+ 19 6 June 6, 2000 Comprehensive Plan before applying for a Conditional Use Permit or getting the property rezoned Amendments commercial. Mr. Lurid replied that they were sure they would get the permit once the (Cont'd) buildin~then they were denied. CPA 00-01 Lurid ~LHarold~l~istiff, 814 East 5% expressed concerns about parking issues, Mr. Lund (Cont'd) responded there was enough parking for 6 to 8 cars. CPA 00-02 City of Port Mayor Doyle reviewed the information from Planning Director Collins regarding Angeles amending the density for residential units in High Density Residential zones from a maximum of 43 units to include an exception for the conversion of motel and hotel units at a density greater than 43 units per net acre. Mr. Collins noted this amendment came about because of several projects that have occurred in the City, such as the Lee Hotel and Aggie's, where there was conversion from motel units to residential units. .In 1995, the Zoning Code was changed which prohibited residential uses in commercial areas to permitting residential uses in commercial areas. One of the results was to encourage the conversion of existing hotels/motels that were no longer commercially viable to residential structures. The density of those projects when converting a hotel/motel unit to residential exceeds the 43 units per acre which is the maximum density allowed under the Comprehensive Plan and the Zoning Code. The benefit of this change is to take buildings which have been a source of blight and disuse and make them usable. A communication was received today from the Department of Community, Trade, and Economic Development supporting this recommendation. After further limited discussion, Mayor Doyle inquired of the audience as to whether there was any public testimony on this proposed amendment. There was none. CPA 00-03 Mayor Doyle reviewed the memo from Planning Director Collins regarding the Momingview redesignation from Low Density Residential to High Density Residential at the Development southeast comer of Lindberg Road and Golf Course Road. Mayor Doyle then asked if there was any public testimony on this proposal. Terry Larson, Momingview Development, 3700 Pacific Highway East, Suite 311, Tacoma, WA 98424, urged the Council to look favorably on this plan amendment. Momingview plans to build decent apartments for 50 plus seniors. Councilman Campbell inquired as to how large of a facility is being planned, and Mr. Larson replied the plans haven't progressed to that stage as yet. Also, a question was raised as to how such a development would impact the City in terms of payback relative to the ULID. Councilman Wiggins moved to continue the public hearing to the June 19, 2000, City Council meeting. Councilman Campbell seconded the motion, which carried unanimously. Break Mayor Doyle recessed the meeting for a break at 8:00 p.m. The meeting reconvened at 8:22 p.m. Approve Amendment 2 Other Considerations to Extend Agreement with WSDOT for Right- 1. Approve Amendment 2 to Extend Agreement with Washington State of-Way Services Department of Transportation for Right-of-Way Services Mayor Doyle reviewed information submitted by Public Works & Utilities regarding an agreement with WSDOT to provide right-of-way services. Director Cutler noted that it is much more cost effective to use the services provided by WSDOT. Councilman Williams moved to approve the agreement extension with WSDOT for an additional three years and authorize the Mayor to sign. Councilmember McKeown seconded the motion, which carried unanimously. Appeal of Parking 2. Appeal of Parking Variance-PKV-OO-O1-Maverick Development, 116 Variance - Maverick North Albert Development Mayor Doyle reviewed the memo from Planning Director Collins regarding the Maverick Development Parking Variance Appeal. Attorney Knutson advised the Council that Clerk Upton received a letter from Maverick Development's Attorney requesting that this matter be rescheduled. Councilman Wiggins moved to continue the Appeal of the parking variance to June 19, 2000. Councilmember McKeown seconded the motion, which carried unanimously.' -5- CITY COUNCIL MEETING June 6, 2000 Economic Development 3. Economic Development Council 2000 Contract Council 2000 Contract Mayor Doyle reviewed a memo from Tim Smith, Economic Development Director, regarding the contract betwben llie City and the Economic Development Council for the Year 2000. Economic Develr~ment Director S~nith noted that this contract contains similar language to last year's contract. There were minor revisions dealing with notifying the City when a business was looking to start or relocate a business to Port Angeles. Mr. Smith was asked to explain the difference in price for the contract last year compared to the contract this year. Mr. Smith replied that the City required special attention and services from the EDC that required more capital. Mr. Smith was excited to have Jim Haguewood appointed as interim EDC Director, because of his expertise and having worked with him for the past five years on various issues related to Port Angeles economic development. Noting the difficulty in reading the EDC signatures, Mayor Doyle would like to see the printed name of those signing future contracts. Councilman Wiggins moved to authorize the Mayor to sign the contract with the Clallam County Economic Development Council for 2000. Councilman Campbell seconded the motion, which carried unanimously. Surplus City Property 4. Surplus City Property Sale Sale Mayor Doyle reviewed a memo from Tim Smith, Economic Development Director, regarding the sale of City-owned smplus property. Mr. Smith discussed a proposal by Sirens and Olympic Mountaineering to purchase the old City Hall building that they are now leasing. He noted that their offer of $265,000 matched the current appraisal made in December, 1999, of $265,000. The tenants have renovated that building, and the down payment of $67,354 is the amount the City would credit the businesses for improvements. The remaining balance would be $197,646 to be paid offwith a real estate contract. The closing would likely take place the latter part of August upon Council's approval of the sale. Councilman Campbell was pleased to see the property be sold. Couneilmember MeKeown moved to approve the sale of Old City Hall as per the offer made by the current tenants and in accordance with the recommendation by the Real Estate Committee, and authorize the Mayor to sign the appropriate sale doeumentatlon. Councilman Campbell seconded the motion, which carried unanimously. INFORMATION: City Manager's Report Manager Quinn made a correction in the City Manager's Report about the Real Estate Committee Meeting being held on Tuesday, June 13, 2000, instead of June 6, 2000~ Manager Quinn referenced the memo from Director Cutler regarding the 2000 Asphalt Paving & Chip Seal Program and Commercial Alley Paving, which included a list of locations in which the City will be working. This information will be available to the public. Manager Quinn presented Mayor Doyle with a letter to sign addressed to Howard Doherty, Board of Clallam County Commissioners, on the matter of the Draft Salmon Habitat and Ecosystem Conservation Plan. Councilman Campbell moved to authorize the Mayor to sign the letter as presented. Councilman Wiggins seconded the motion, which carried unanimously. Manager Quinn informed the Council that the opinion survey regarding term limits will be mailed to Port Angeles utility customers and the results will be tallied by the August 1't Council meeting. ADJOURN TO The meeting adjourned to Executive Session at 8:50 p.m. to discuss potential litigation EXECUTIVE for approximately 15 minutes. SESSION: ADJOURNMENT: The meeting was adjourned at 9:25 p.m. -6- Exhibit "A" 4198 FINDINGS AND CONCLUSIONS IN SUPPORT OF AMENDMENT TO SHORELINE MASTER PLAN: Findings: Based on the information provided in the February 23, 2000, StaffReport for SMPA 00- 01, comments, and information presented during the public hearings, the Planning Commission's discussion and deliberation, and the City Councils discussion and deliberation, the City of Port Angeles City Council hereby finds: 1. The proposal is to amend the Port Angeles Shoreline Master Program consistent with the City's administrative practices of conditioning substantial development permits that are not intended to be processed as conditional use permits and of allowing the height limitation for covered moorage to go fi'om 20 to 30 feet in certain circumstances and in recognition of existing boathouses located at the Port of Port Angeles Boat Haven on Marine Drive. 2. The proposed amendments would apply citywide and at the Port of Port Angeles Boat Haven on Marine Drive. 3. The existing land uses in the City's shoreline and surrounding areas are as follows: shoreline areas: marine and heavy industrial, public parks and recreation (including recreational boating), central business district commercial, and governmental installations surrounding areas: central business district commercial, open space (environmentally sensitive marine bluffs), and residential (above the marine bluffs) 4. The SEPA Responsible Official issued a Determination of Non-Significance (DNS) on February 16, 2000. 5. Public notice was provided by legal notice published in the Peninsula Daily News on December 24 and 29, 1999, and posted at City Hall on December 23, 1999. 6. Public hearings were scheduled for February 23, 2000, before the Planning Commission and March 7, 2000, before the City Council. 7. A simple description of the amendments was distributed to the Department of Ecology, the Washington Department of Fish and Wildlife, and the Lower Elwha Klallam Tribe. The Lower Elwha Klallam Tribe responded with the following comment: "On the issue of Shoreline Master Program Amendment, we suggest the following definition of Conditional Use: Conditional Use - A use or the expansion of a use permitted on shorelines and designated as a 'Conditional Use' within the body of the Plan which, because of certain characteristics requires a special degree of control to make it consistent 4199 Findings and Conclusions - June 6, 2000 Shoreline Master Program Amendment Page 2 with the intent and provision of the Act and these regulations and compatible with other uses permitted on shoreline. Conditional Use permits will require review by the Washington State Department of Ecology. 9~a~rvh/eh rcqu-~rc$ a Other substantial development permits to which 'cc, nd'~t'~c, ns' certain construction requirements are attached i$ ,~,.o.,~,,.,,,~ ,,, u,, a will not be considered a conditional use ." 8. The shoreline areas have been designated Open Space, Industrial, and Commercial and zoned Public Buildings and Parks (PBP), Industrial Heavy (IH), Central Business District (CBD), and several small areas of Industrial Light (IL) and Commercial Arterial (CA). 9. The Comprehensive Plan Goals, Policies, and Objectives identified as being the most relevant to the proposal were Growth Management Element Goal A, Policies A1 and Al7, Objective Al, Land Use Element Map Goal A, Open Space Goal I, Policies I1 and 12, Goal J, Conservation Element Goal A, Policies Al, A2, and A3, Goal B, Policies B2, B3, B5, B6, B8, B9, B17, B19, and B21, Objectives B2, B3, and B9, Goal D, Policies D1, D4, D7, and D8, Objective D1, Economic Development Element Goal A, Policies Al, A4, and Al0, Goal B and Policy BI. 10. The Shoreline Master Program Goals, Policies, and Regulations identified as being the most relevant to the proposal were Shoreline Use Element Goals 1, 2, and 5-9, Economic Development Element Goals 1-5, Circulation Element Goal 4, Conservation Element Goals 3-7, Public Access Element Goals 1-3, Recreational Element Goals 1 and 2, Historical/Cultural Element Goal 1, Shoreline Use Boating Facilities Covered Moorage Regulations 1-5, and Definition Conditional Use. 11. The Boat Haven Marina is a longstanding commercial and recreational boating facility in the Port Angeles Harbor and provides safe harbor and ready access for marine transportation in the Strait of Juan de Fuca. 12. The 100+foot high marine bluffs are a unique characteristic open space which separates the Boat Haven Marina from the nearest residential views located on top of the marine bluff with the intense marine and heavy industrial activities located at the base of the bluff and north of Marine Drive. 13. There are a dozen existing boathouses in the Boat Haven Marina that exceed 20 feet in height and in the view of pedestrians using the Waterfront Trail along the north side of Marine Drive. 14. A January 1997 snow storm caused severe damage to approximately a dozen boathouses which received permits to repair and/or reconstruct to new structural load standards, but, in at least one case, the covered moorage height restriction would prevent reconstruction. 4200 Findings and Conclusions - June 6, 2000 Shoreline Master Program Amendment Page 3 15. The historical, archaeological, and cultural amenities found on the Port Angeles Harbor shoreline because of the Lower Elwha Klallam tribal village sites once located here are protected with nearly every substantial development permit through conditions which are routinely applied. 16. A citizen shoreline advisory committee working with a consultant hired under a Coastal Zone Management (CZM) grant prepared a completely new Shoreline Master Program under the then new shoreline management guidelines just finished by the State Department of Ecology following their review of twenty years of the Shoreline Management Act implementation. 17. This second Port Angeles Shoreline Master Program was adopted on May 23, 1995, as part of the City's effort to bring development regulations into compliance with the State's Growth Management Act and the City's Comprehensive Plan adopted in 1994. Conclusions: Based on the information provided in the February 23, 2000, StaffReport for SMPA 00- 01, comments, and information presented during the public hearings, the Planning Commission's discussion and deliberation, and the City Councils discussion and deliberation, the City of Port Angeles City Council hereby concludes: 1. The unique characteristics of the marine bluffopen space protects the residential views located on top of the marine bluff from the intense marine and heavy industrial activities located at the base of the bluff. 2. The maintenance or installation of 30-foot high boathouses below 100+foot high marine bluffs will have no appreciable effect on residential views and make little difference to views enjoyed along the Waterfront Trail in comparison to 20-foot high boathouses and the multitude of large scale industrial facilities also located along the Waterfront Trail and Marine Drive. 3. The dozen existing boathouses in the Boat Haven Marina that exceed 20 feet in height will likely remain for a very long time, especially as nonconforming structures. 4. There have been no general public or other agency comments indicating there is minimal environmental impacts on fish habitat and on Waterfront Trail views due to the existing covered moorage and surrounding large scale industrial developments. 5. The proposal supports the existing and planned land use development of the City. 4201 Findings and Conclusions - June 6, 2000 Shoreline Master Program Amendtnent Page 4 6. The housing of larger yachts should be allowed at the Boat Haven Marina, where little or no impact is caused by larger boathouses, encouraging economic development in support of the type of pleasure boats being built in Port Angeles by Admiral Marine. By allowing larger scale boathouses in Port Angeles Harbor, larger yachts can be housed sparing other marinas where residential views may be impacted greater by 30-foot high boathouses. 7. The proposed height limitation amendments recognize existing administrative practices regarding existing boathouses that were made nonconforming in 1995 by the adoption of the new Shoreline Master Program for the City of Port Angeles. It was not intentional that the reconstruction of existing boathouses should be contrary to the Shoreline Master Program. The proposed amendments are to allow for regulations that do not burden property owners with unnecessary procedures and financial hardships for existing boathouses, which fit into the unique physical setting of the Boat Haven Marina. 8. Making every such substantial development permit a conditional use permit would defeat the timely processing of most shoreline permits in Port Angeles and/or discourage the use of conditions which protect valuable artifacts from damage or loss. 9. The proposed definition amendments recognize existing administrative practices regarding the application of conditions on substantial development permits do not follow the definition adopted in 1995 with the new Shoreline Master Program for the City of Port Angeles. It was not intentional that the continuation of conditioning substantial development permits should be contrary to the Shoreline Master Program. The proposed amendments are to allow for regulations that do not burden property owners with mmecessary procedures. 10. The proposal is consistent with the City's Comprehensive Plan and Shoreline Master Program. 11. The maximum allowable area of covered moorage within the over-water portion of the marina of 10 percent of the over-water area will limit the increase in new 30-foot high boathouses at the Boat Haven Marina. Prohibitions of covered moorage in the CBD and on Ediz Hook will limit expansion of covered moorage along the Waterfront Trail where there is a concentration of pedestrian activity. New marina plan approvals will limit potential impacts from any other new covered moorage areas in Port Angeles. The material and color design requirements will limit the visual impact of new boathouses as they appear from distance viewpoints. q202 Findings and Conclusions - dune 6. 2000 Shoreline Master Program ,~mendment Page 5 12. The proposed Shoreline Master Program amendments are in the public interest. by the~geles//~y Council at its meeting of June 6, 2000. Iv~a~:r,'/~ o f ~'o~'t A~ e~ Becky J. ~,~ity ~1~--- Exhibit "B" 4203 FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 00-01 - ANIMAL HUSBANDRY: Findings: Based on the information provided in the Planning Department's Staff Report for MCA 00- 01 dated April 26, 2000, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant City of Port Angeles proposed a Municipal Code Amendment to change the City's zoning regulations regarding animal husbandry. 2. The application proposes to amend PAMC 17.08 by adding the following definitions: Animal Husbandry, Commercial - the care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include noncommercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. Animal Husbandry, Noncommercial - the care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, or house pets. Farming, Commercial - the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening. House Pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, which sleep and are primarily housed in a dwelling unit together with their owner. 3. The application proposes to amend PAMC 17.08 by revising the following definitions: Kennel - a place where ;,'-a~c &9 four (4) or more dogs or cats, four 4~ months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or notz,_ anp_rovided that ,;'tis the number of dogs and cats counted shall not include house pets. Stable, Private Horse - a detached accessory building in which only the horses co'~v; owned by the occupants of the premises are kept, and in which no horses co'~'~ are kept for hire, remuneration, or sale. 4204 Findings and Conclusions MCA 99-01 Page 2 4. The application proposes to amend PAMC 17.11.030 by adding the following accessory use: C. Noncommercial animal husbandry. 5. The application proposes to amend PAMC 17.11.030 by revising the following accessory use: ED. Private horse stables, provided that: 1. Stables are constructed no closer than lOO feet to any property line. 2. A minimum area of 1 acre per horse or co'~v is maintained. 3. A minimum of 5-foot high fence is installed on property lines__. 6. The application proposes to amend PAMC 17.34.020 by revising the following permitted use: S. Veterinary or ....'~-- v ...... v .... v .... clinics, offices, and kennels ~-~ 7. The following Comprehensive Plan Policies are most relevant to the proposed amendments: Land Use Element Goal '~" To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests. Land Use Element Policy 'FI" Residential land shouM be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed of low, medium, or high density housing. Conservation Element Policy '5t2 ' The City should promote compatibility between the land and its use by regulating the intensity of the land use. Conservation Element Policy '~B3" The City should protect and enhance the characteristics of its unique residential neighborhoods. 8. Since the first Port Angeles Zoning Code in 1930, allowances have been made for keeping animals as accessory and conditional uses. 4205 Findings and Conclusions MCA 99-01 Page 3 9. From time to time the City has received complaints about animals being kept in residential areas; one complaint in 1999 concerned chickens being kept in the RS-7 Single Family Residential Zone. 10. The intent of the proposed amendments is to reconcile zoning regulations with more up-to-date community practices involved with the keeping of animals in urban areas. 11. A Determination of NonSignificance was issued for this proposal on April 20, 2000. 12. The City received no written public comments on this proposed Municipal Code Amendment MCA 00-01. Conclusions: Based on the information provided in the Planning Department Staff Report for MCA 00-01 dated April 26, 2000, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan including but not limited to Land Use Element Goal C and Policy C 1 and Conservation Element Policies A2 and B3. 2. Generally agricultural land uses are not outright permitted uses in urban areas, unlike in rural areas. 3. There are legitimate reasons for regulating animal husbandry within urban areas. The close proximity of animals and their care and feeding to human dwelling units can cause problems for public health and safety. Noise and odors as well as sanitation concerns cannot be addressed well in higher density residential areas. 4. The current zoning regulations regarding how animals may be kept if applied consistently would prohibit all residentially zoned property owners from keeping more than two dogs or cats outdoors and all other animals outdoors, except for private stables in the RS-9 Zone. 5. The proposed amendments would eliminate overly broad enforcement problems for noncommercial animal husbandry and private gardening. 6. The proposed amendments resolve issues in the community and between neighbors regarding how animals are kept and allow for reasonable enforcement of zoning regulations in the protection of public health, safety, and welfare. 4206 Findings and Conclusions MCA 99-01 Page 4 7. The proposed animal husbandry regulation amendments will make the following five changes for keeping animals in the City of Port Angeles: a. House pets as specifically defined are exempt from regulations and allowed outright, subject to other public health and safety and animal ordinances. b. Up to three dogs and cats, instead of only two, may be kept outdoors without being subject to the zoning regulations governing kennels. c. Noncommercial animal husbandry as specifically defined is permitted as an accessory use in the RS-9 Single Family Residential Zone and not permitted in any other zone. d. Commercial animal husbandry is conditionally permitted in limited commercial and industrial zones as kennel and commercial animal husbandry uses. e. Cows are eliminated as part of a private stable accessory use in the RS-9 Zone. 8. The proposed amendments are in the public use and interest. Adopted by the Po~geles Cit742ouncil at its meeting of June 6, 2000. Mayor, ¢l~/of lgort ~os~ B~ck-y-]. ~ity-Clel/~--- -- C :\MyFiles\FORMS\F&canimal