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HomeMy WebLinkAboutMinutes 07/03/2001 CITY COUNCIL MEETING Port Angeles, Washington July 3, 2001 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, Erickson, Hulett (arrived at 6:45 p.m.), McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Deputy Clerk Broussard, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Gallagher, Y. Ziomkowski, G. Kenworthy, and T. Smith. Public Present: B. Pettyjohn, L. Lee, T. Price, Z. Bayton, A. Harrison, K. Rogers, G. Powell, G & B. Middleton, A. Donnelly, A. Collins, H. Wilmont, M. Otto, B. Jacobs, L. & E Temres, T. Goft, M. Neet, and E. Brandow. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember McKeown. ALLEGIANCE: CEREMONIAL None. MATTERS & PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Brian Pettyjohn, 518 S. Liberty Street, spoke on behalf of the Cascadia Center for the PLACED ON THIS OR Performing and Literary Arts, LTD. Mr. Pettyjohn presented Council and Staff with FUTURE AGENDA: information packets regarding this project. He asked to be placed on a future agenda to address the proposal of the City providing a $100,000 grant for Phase One of this Project. Mr. Pettyjohn introduced the members of the Board for the Cascadia Center for the Performing and Literary Arts, LTD. FINANCE: 1. Designating a Representative for Obtaining FEMA Funds Designating A Mayor Doyle summarized the memorandum from Public Works & Utilities Director Representative to Obtain Cutler with regard to signing a letter designating an authorized representative to obtain FEMA Funds FEMA funds. Counciimember McKeown moved to authorize the Mayor to sign a letter designating an authorized representative and alternate for obtaining state and/or federal disaster assistance funds. The motion was seconded by Councilman Campbell and carried unanimously. Councilman Wiggins readdressed the Cascadia Center for the Performing and Literary Arts, LTD.'s proposal. He stated that Lodging Tax Advisory Committee members were present and willing to hear a presentation on this proposal in the near future. He -1- CITY COUNCIL MEETING July 3, 2001 FINANCE (Cont'd): requested copies of the information be made available to those members in attendance. Designating A Manager Quinn stated that the request from Cascadia is for f'mancial assistance of Representative to Obtain $100,000. If the $100,000 comes from the Hotel/Motel fund, there is a requirement to FEMA Funds obtain approval from the Lodging Tax Committee. If the money is obtained from a source other than Hotel/Motel tax, the Council would then have to decide if there were funds available to grant such a request. Manager Quinn felt staff should review this request further, and bring it back to Council for discussion. A special meeting will be planned to include Councilmembers Campbell, Efickson, and Wiggins and the Lodging Tax Advisory Committee for a presentation on this project. Copies of the proposal were distributed to the Lodging Tax Advisory Committee members that were present. Southwood Rebuild Project 2. Southwood Rebuild Project No. 21.02 Accept Project and Release Retainage No. 21.02 Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler pertaining to accepting the Southwood Rebuild Project and releasing Potelco's retainage. Councilman Wiggins moved to accept the project and authorize release of Poteleo's retainage upon receipt of clearances from the Departments of Revenue and Labor and Industries. The motion was seconded by Councilman Williams and carried unanimously. CONSENT AGENDA: Councilmember McKeown moved to accept the consent agenda to include: l)City Council Minutes - June 18, 2001 regular meeting, and 2) Travel Request, Public Works Department. The motion was seconded by Councilman Campbell. Councilman Wiggins pointed out that on page 8, paragraph 3 sentence 4 should have an "as", as opposed to an "are". A vote was taken on the motion and carried unanimously. CITY COUNCIL Councilmembers Erickson, Hulett, McKeown, and Williams had no report. COMMITTEE REPORTS Councilman Campbell spoke of the AWC Conference in Bellevue, where there were many informative workshops and presentations. One of the more intriguing presentations was from 'Secretary of Transportation McDonald regarding the transportation challenges still under work in the Legislature. Councilman Campbell learned that it is unlikely there will be enough transportation funding for the State, which will make allocating funding more difficult. Councilman Wiggins stated he attended the Forestry Conference, from which he e- mailed important information summarizing the problems that exist in the industry to Councilmembers. Mayor Doyle received notice of a Homebuilder's ribbon cutting on a house located at West 10~' Street in which the City is involved. The ribbon cutting is scheduled for July 12, 2001 at 2:00 p.m. Mayor Doyle was inviteil .tO att, end t.he Cascadia Mayor's l~ conference in British Columbia, where he met Mr. i~[~i~:~.~/~eJ'oint meeting with the Victoria City Council was discussed. With the new government established, Victoria is more open to promoting tourism. Mayor Doyle was asked to participate on a panel to address the Gateway project and the Scenic Byways in Clallam County. Mayor Doyle also attended the Jettin' the Strait program, which was a success, and thanked those involved. OTHER Agreement between The City and the Port of Port Angeles regarding the Oak Street CONSIDERATIONS: Marketing Agreement Between the Mayor Doyle summarized the memorandum from Economic Development Director City and Port Smith concerning marketing, maintaining, managing, and using the site to support -2- July 3, 2001 6670 OTHER downtown revitalization. Economic Development Director Smith stated that the Port CONSIDERATIONS Commission will not be considering this draft until next Monday. What is being (Cont'd): presented tonight was adjusted to address the Council's and Real Estate Committee's concerns. Mr. Smith reviewed the Agreement, outlining the terms and conditions. The Agreement Between The City currently receives $17,000 per year from the lease on Ediz Hook. This would be City and the Port of Port terminated and would increase to half of what is being generated at the Oak Street Angeles Regarding Oak Property, which would be, in essence, $20,000 revenue for the City. Mayor Doyle Street Marketing pointed out that the agreement needs to clarify who is receiving the revenue in the agreement. Councilmember Erickson sought clarification as to why the City should give up the $17,000 lease on Ediz Hook in hopes of receiving $20,000 from the Oak Street Site. Mr. Smith stated that if the City was to manage the parking facility, and it continued its revenue trend, it would gross $40,000 per year of which 50% would go to the Port of Port Angeles and 50% to the City. The Port of Port Angeles would save the $17,000 annual lease payment, and the City would lose the $17,000 lease revenue. However, the City could earn $20,000 from the parking site, plus the ability to bill the Port up to $17,000 maximum for any advertising costs that the City decides to expend. Councilman Hulett arrived to the Council Chambers at 6:45 p.m. Councilman Wiggins added that 3-C needed clarification in the Agreement to clearly explain how the funds will be divided. Councilman Campbell stated that he was under the impression the major reason the City wished to get the marketing rights for this property, was because staff felt it could do a better job of marketing this site to potential developers. Another element was the potential for the City to lease the property from the Port to obtain a better deal with a potential developer than the Port is able to make under their statutes. There was brief discussion regarding marketing issues, decision making rights on marketing, as well as maintenance responsibilities. Councilman Williams and Mayor Doyle suggested there was a need for greater clarity regarding the exclusive or non- exclusive responsibility to marketing and maintenance. Attorney Knutson stated that the Agreement can be revised to provide clarity on certain issues. Councilman Wiggins moved to table this agreement and send it back for revisions.. Councilman Campbell seconded the motion. The motion failed 2-4, with Councilmembers Calnpbell and Wiggins voting in favor of the motion, and Councilmembers Erickson, McKeown, Hulett and Williams voting in opposition. Councilmelnber McKeown moved to authorize the Mayor to sign the agreement with the Port of Port Angeles allowing the City to market, maintain, and use the Oak Street Development site. The motion was seconded by Councilmember Erickson. Councilmember McKeown moved to revise her motion to include clarification by the attorney dealing with paragraph one and three with regard to the non-exclusivity of the maintenance and management function. Councilman Erickson seconded this revised motion. Councilman Wiggins stated that clarity was still needed in 3-C relative to the income stream, as it is not clear. Attorney stated that if it is a concern, a revision could be made to add the words 'net revenue shared equally between the City and the Port' in the last line on the first page. Councilmember McKeown moved to revise her motion to include a revision adding "net revenue shared equally between the City and the Port" in the last line on the first page and called for the question. Councilmember Erickson seconded the motion, which carried unanimously. PUBLIC HEARINGS - Continued Public Hearing regarding CAP~TIP _ OTHER: Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler regarding the general fund allocations for the Capital Facilities Plan and Transportation Improvement Project. CITY COUNCIL MEETING ,.471 July 3, 2001 PUBLIC HEARINGS- Mayor Doyle opened the Public Hearing at 7:15 p.m. and proceeded to close the OTHER (Cont'd): hearing at that time for lack of public comment. Continued Public Hearing Mayor Doyle read the first Resolution by title, entitled; regarding CAP/TIP Resolution Nos. 11-01 RESOLUTION NO. 11-01 and 12-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Six-Year Capital Facilities Plan/Transportation Improvement Program (TIP) for 2002-2007. Councilmember Erickson moved to pass the Resolution as read by title. Councilman Wiggins seconded the motion. Brief discussion ensued regarding how projects are prioritized. A vote was taken on the motion, which carried unanimously. Mayor Doyle read the second Resolution by title, entitled; RESOLUTION NO. 12-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating a portion of the General Fund balance for certain capital projects. Councilman Hulett moved to pass the Resolution as read by title. Councilman Williams seconded the motion, which carried unanimously. PUBLIC HEARINGS- Rezone application for 7,000 sq. ft. of propertyfrorn and RHD to a CO QUASI-JUDICIAL: Mayor Doyle summarized the memorandum from Planning Specialist Roberds with Rezone REZ 01-03 of regard to adopting the Ordinance pertaining to a rezone at the intersection of Race and 7,000 sq. Ft. of property Second Street. Mayor Doyle stated that this is a Quasi-Judicial Public Hearing, from RHD to CO therefore, anyone who signs up and participates is certifying by signature, that the Ordinance No. 3091 testimony given is true and correct under penalty or perjury by the laws of the State of Washington. Mayor Doyle opened the public hearing at 7:25 p.m. Larry Temers, 239 E. Simmons Road, stated that the house was purchased by the Church of the Nazerene 20 years ago to be used as a parking lot. There was no intention of using it as a rental .Nevertheless, the property was used as a rental home. Over the time span of 20 years, needs have changed, and the property is no longer needed for a parking lot. Traffic in this areas has become problematic. It is felt to be an unsafe location to rent to a family and is too large for a single person home. There is off-street parking available for business in that location. His recommendation was to make Race Street four lanes straight through to prevent merging, make the existing merge lane a left turn only lane. Mayor Doyle stated that the City staff can look at that traffic problem. There was no further testimony, and Mayor Doyle closed the Public Hearing at 7:30 p.m. Mayor Doyle read the Ordinance by title, entitled, -4- July 3, 2001 PUBLIC HEARINGS- ORDINANCE NO. 3091 QUASI-JUDICIAL (Cont'd): AN ORDINANCE of the City of Port Angeles, Washington, rezoning property located in Block 24 of Norman R. Smith's Rezone REZ 01-03 of Subdivision,Townsite of Port Angeles, from RHD, Residential High 7,000 sq. Ft. of property Density, to CO, Commercial Office, and amending the Official from RHD to CO Zoning Map, Ordinance 2801 as amended. Ordinance No. 3091 Counciimember McKeown moved to adopt the Ordinance as read by title citing Findings 1-16 and Conclusions A-D as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Campbell seconded the motion. Councilman Williams agreed with Commissioner Nutter's comment in the minutes enclosed in the City Council Packet, that until there is a plan that takes traffic all the way from Front Street to the new truck route, there will be difficulties with traffic. Until there is a four lane street all the way through with no parking on the street, he is inclined to vote no on this issue. There is no plan to go along with this proposal, and there needs to be consistency all the way Up the street. Councilman Wiggins stated that this issue could be addressed regardless of the outcome of this Ordinance. Councilman Williams agreed but is unsure of when the steps needed to ensure consistency along that road will be enacted. Councilman Hulett added that with the zoning now in place, an apartment complex could be established there and have more of an impact than a business would have. A vote was taken on the motion and carried 5-1, with Councilman Williams voting in opposition. · INFORMATION: City Manager's Calendar: Manager Quinn informed the Council that the Gateway Committee meeting for staff only was changed to July 6, 2001 at 9:00 a.m. Also included in the packet are the Council Goals. Brief discussion ensued regarding the projected budget surplus and the potential application of these funds in LEOFF I Medical. Manager Quinn stated that he would follow up on the status of current bills passed by Legislature and will get back to Council in that regard. Mayor Doyle asked about the letter in the packet regarding permits for Lauridsen Blvd/Edgewood Dr. Realignment. Director Cutler responded that the project is under construction for the majority, yet there is a small area that the officials from Fish and Wildlife have not given permission to proceed with yet. Mayor Doyle excused himself from the next item on the Agenda, Highland Courte Information, as having a potential conflict of interest. Mayor Doyle exited the City Council Chambers at 7:45 p.m. Break The meeting was recessed for a break at 7:45 p.m. and was reconvened at 7:56 p.m. INFORMATION: Highland Courte Information: Deputy Mayor McKeown stated that although this was not a scheduled public hearing, each speaker would be permitted three minutes. Highland Courte Manager Quinn gave a presentation from the memorandum contained in the Council Information packet with regard to the Highland Courte conditions. Following review and clarification by various staff members, it was concluded that Highland Courte did have violations of its Conditional Use Permit (CUP). While there were numerous violations of the CUP, the staff felt that Highland Courte was making an effort to comply with the mandatory conditions set. The violations that have occurred have not been severe enough to close the center down. Councilmember Erickson stated that she was Surprised in the faith staffhas in Highland -5- CITY COUNCIL MEETING ~fi73 July 3, 2001 INFORMATION Courte given its record of compliance with the CUP. Councilmember Erickson wanted (Cont'd): to be clear that when she voted to allow a treatment center in a legally zoned location she did not vote for the necessity of a treatment center and that her comments should Highland Courte not imply that she is against a treatment center. The problem lies in the fact that an Information entity has been given a CUP and has continued to violate the conditions. One of the most troubling was Condition #5, which stated background checks would be processed as soon as possible. However, patients were being admitted without a complete background check due to privacy issues. Councilmember Erickson also had an issue with domestic violence not being included as an Assault IV. The Planning Commission should clarify the def'mition of an Assault IV Highland Courte has continued its non- compliance of these conditions. Councilmember Erickson questioned if Highland Courte could be shut down based on the previous behavior of non-compliance. Councilman Williams stated that he has developed a view of strict compliance versus substantial compliance. He asked if there had been any violations in the previous two weeks. Community Development Director Collins stated that in the past two weeks there have been a series of meetings and no specific complaints received. Councilman Williams expressed his displeasure in hearing that domestic violence under the influence of drugs and alcohol was not potentially as harmful as other Assault IV's. Domestic violence is one of the biggest hazards of a law enforcement job. These are all conditions that were set, and there should not be any difficulty in complying with them. Councilman Erickson persisted that clarification was needed if Highland Courte was taking any .Assault IV's. Manager Quinn stated that these questions are more appropriately answered by the applicant. Councilmember Erickson stated that there would not be a record if the applicant was under the influence when convicted, the only way to get this information was to look at their application. Councilman Wiggins questioned the use of public funds and if that was going to be addressed in the current lawsuit. Attorney Knutson stated that it was not going to be in the lawsuit, as it is not part of the violation of the Conditions. Manager Quinn stated that issue is addressed in the body of the original report. Councilman Campbell stated that this is a highly controversial matter, and in other CUP's the City works with the applicant to achieve compliance.. To take a set of conditions and expect perfection with compliance is unrealistic. Councilman Hulett expressed interest in what changes have taken place at Highland Courte in the last two weeks that show a movement towards compliance. He questioned when the next report was due from Highland Courte. Director Collins stated that the next report would be due on September 1,2001. ~/~13epu~ Mayor McKeown opened up the~~--sa~/nments from the public with a time limit of three minutes. Alan Harrison, 1834 E. 5t~ Street, stated that he was unsure of when these meetings took place with Highland Courte. He obtained a letter from Attorney Knutson addressed to Highland Courte that they would be shut down if they did not comply with the set Conditions. The only verification of compliance with the CUP is Highland Courte's assertion. Mr. Harrison pointed out that Highland Courte has a contract with the State which says all the applicants must be accepted. He wants it verified that Highland Courte is rejecting applicants. Regarding the Highland Courte Advisory Committee, there are no community members. Numerous volunteers from the Community applied to be on the Advisory Board and were rejected. The community wants to be able to verify the statements that are being made by Highland Courte. The City may hesitate to shut down this facility, but there needs to be some competence in Highland Courte's operation. Ifa condition is not going to be enforced, then what exactly is it in place for? INFORMATION Gerald Powell, 1718 Elizabeth Place, informed Council that as of this minute, he did -6- July 3, 2001 4/~7/~ (Cont'd): not consider himself part of the FAIR organization and wished to be part of the Highland Courte Advisory Committee. Highland Courte Information Councilmember McKeown stated that when you are on a Board of Directors you do not see names of citizens or get too involved in the business part of it. A Board is more of a governing body for the organization. Allen Collins, 1813 E. Lauridsen Blvd., informed the Council that he called the Criminal Records Division of Washington State Patrol in an effort to get Freedom of Information. He wished to verify that the State Patrol did in fact run background checks, and what dates those were run. The Patrol informed Mr. Collins that they would not be able to release that information to him directly, but could release it to the City. Mr. Collins also wanted to address the Assault IV issue. There is no way to fred out if a person applying for admission has been charged with assault under the influence of drugs and alcohol. Gene Middleton, 1711 Elizabeth Place, questioned who was policing the conditions Highland Courte is supposed to be following. Is the report based on what is told to them? Heather Wiimont, R.N., 1840 E. Lauridsen, stated she has worked with drug and alcohol rehabilitation and understands the conditions. Ms. Willmount stated that these conditions were agreed to, even if they are not practical for this type of business. It appeared, fi.om a business point of view, that Highland Courte did what they had to do in order to keep its business running. A drug and alcohol facility is needed in Port Angeles, but not one that will conduct itself in this way. Mr. Miller, 230 E. 5~h, representing the applicant, started off reiterating Councilman Campbell's statement that this is the first attempt made by the City to shut down a business, and it is mostly due to the neighbor's discontent with its presence. The objection toward Highland Courte should be tempered with the need for such a facility, which is protected under the ADA and the Fair Housing Act. Mr. Miller pointed out that these conditions cannot be described as a model of clarity. The conditions can be better described as a set of conditions from which there are various interpretations. Highland Courte does not admit to any of the violations of conditions, except the condition pertaining to the one-to-one ratio between staff and patients. Additionally, the facility has stopped taking all Assault IV applicants, which dropped the admittance rate by 25%. Highland Courte agrees that there could have possibly been a problem with the screening of applicants but does not admit to intentionally violating that condition. In addressing the concerns of Assault IV, there is a screen that Highland Courte applies to all applicants if their legal troubles are a result of drugs and alcohol. Highland Courte does not take Assault IV domestic violehce cases where the applicant cannot accept or take responsibility for the fact that they committed domestic violence. If the applicant does not think it is drug related, then they are not accepted into the treatment center. With regard to Condition//5, Highland Courte is not allowed to disclose names of applicants. In the period of time covered by the submitted report, 240 applicants were admitted, and 157 applicants were rejected who had reserved space in the facility. This figure does not include the applicants who did not make it to the reservation phase. Brief discussion ensued in regards to applicants coming from drug court. There are voluntary options available where a person can go to drug court or go to treatment. Councilman Wiggins asked why Highland Courte dropped the Assault IV condition. Mr. Miller responded that Highland Courte and the Superior Court are currently in the INFORMATION process of reaching an interpretation of that condition with which they can abide by. -7- CITY COUNCIL MEETING July 3, 2001 4/~75 (Cont'd): Councilrnember Erickson asked Mr. Miller if the City could seek an injunction from the previous violations. Mr. Miller responded that the City would have to prove irreparable Highland Courte harm and it has to be imminently threatened. A permanent injunction could be obtained Information compelling Highland Courte to comply with a particular interpretation. Councilman Wiggins stated that this discussion proves the American system is alive and well, as it shows the value of community involvement. Councilman Wiggins also felt that the community also holds a strong bias and will be opposed to this facility and the CUP established. There needs to be assurance that someone from the community will be appointed to the Highland Courte Advisory Board. Councilman Williams felt that the purpose of the CUP process was to allow use of an area under certain conditions. If the conditions are met, the use can continue..Based on comments from Mr. Miller and the public, Highland Courte is in strict compliance with the CUP's conditions, and Councilman Williams would be reluctant to shut them down now. Councilmember Erickson disagrees that these conditions were ones that needed to be met over time. They could have easily been met in the beginning, especially knowing how controversial this facility is. Deputy Mayor McKeown asked if the Council needed to vote on this issue. Attorney Knutson stated that they did not have to take any action in regards to this matter but did have that option available. Deputy Mayor McKeown suggested that adequate mitigation measures and compliance efforts have been instituted by Highland Courte to warrant further operations under the prescribed conditions of the CUP and current interpretation of terms and intent. She asked if each Councilmember would say 'Yea' or 'Nea' in regards to that statement. Councilmember Erickson moved to have the Council take no action at this time and continue to monitor Highland Courte: Councilman Wiggins seconded the motion. Deputy Mayor McKeown asked if Councilmember Erickson wanted to add anything to that motion to address Condition #12. Councilman Campbell wanted to encourage staff to continue working with Highland Courte to bring them towards complete compliance. Councilman Wiggins moved to offer an amendment to the motion indicating that if there are additional violations of the CUP that an injunction be sought. The amendment died for lack of a second. A vote was taken on the motion and carried unanimously. Councilmember Erickson moved to direct staff, as a policy matter, to interpret convictions of a violent offense to mean Assault IV's without the exception for domestic violence while under thc influence of drugs. Councilman Wiggins seconded the motion. Councilman Wiggins asked for clarification on the intent of that motion. Councilmember Erickson explained that the City has decided a violent offense is a simple Assault IV and that condition #5 include simple assault misdemeanors but does not include the simple assault domestic violence misdemeanors provided that the individual was under the influence of drags and alcohol while the crime was committed. Brief discussion ensued in regards to the definition of an Assault IV. Councilmember Erickson amended her motion to move to direct staff to state that the City's interpretation of a violent offense includes all Assault IV convictions. Councilman Williams seconded the motion. Brief discussion ensued in regards to the current litigation regarding Assault IV convictions. A vote was taken on the motion which carried 5-1, with Councilman~~lg'ld''~ voting in opposition. Mayor Doyle returned to the Council Chambers at 9:28 p.m. -8- July 3, 2001 447 EXECUTIVE SESSION: The Council adjourned to Executive Session for approximately 30 minutes to discuss issues of real estate and potential litigation. OPEN SESSION: The meeting returned to Open Session at 10:16 p.m. ADJOURNMENT: The mg, e,4ing was~umed at 10:16 p.m. L'~rry Doyl.~ayor c,'/~- ~eecky J. U~, c~Cler[ 1-: -- -9- Exhibit "A" a,477 FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE APPLICATION - REZ 01-03 - REETZ, 835 East Second Street: Findings: 1. The 2001 rezone is proposed by Mike Reetz/Church of the Nazarene for a change in the zoning designation from Residential, High Density (RHD) to Commercial Office (CO) for one lot being Lot 18, Block 24, Norman R. Smith subdivision which is located at the northwest comer of Race and Second Streets. 2. The Comprehensive Plan designates the site as Commercial (along with other properties north of Second Street) and is at the margin of the Medium Density Residential designation (south of Second Street). A number of policies have been identified as being most relevant to the proposal including Land Use General Comments, Policies A1 and 2, Objective Al, Policies D1, E2, E5 and E6, Transportation Policies A3, B3, B7, and B14, and Objectives B1 and B4. 3. The proposal would not compromise the Comprehensive Plan and the Transportation Services and Facilities Plan, adopted in October 1996, which depicts a modified route (IIIB) which includes the Front/First east of Race Street, Race Street south to near Porter Street continuing in stages east across White's, Ennis, Lee's and Morse Creek paralleling the BPA power line and rejoining SR 101 east of Deer Park Road, and also Lauridsen Boulevard west to SR 101 and the Track Route. By limiting the zone to Commercial, Office, the intensity of the uses would be less than that allowed in Commercial, Arterial. By limiting the driveway access location, the effects of the proposal onto traffic mobility on Race Street is also limited. 4. The proposal would not significantly expand the commercial zoning designation along the planned crosstown track route contiguous to the commercially zoned properties north of the First/Second alley and would be the first such property zoned commercial south of the First/Second alley along Race Street and north of Sixth Street. By limiting the zone to Commercial, Office, the intensity of the uses would be less than that allowed in Commercial, Arterial. By limiting the driveway access location, the effects of the proposal onto traffic mobility on Race Street is also limited. 5. The properties between Front and Fourth Streets along Race Street have mostly commercial or public parks and recreation uses with residential uses near the Second Street intersection. Changing the zoning on the subject property to Commercial, Office should not result in a strip pattern of commercial zoning in this area as the subject property is in the middle of a mixed use area. 6. The current commercial zoning pattern along the Front/First Corridor which extends north and south to the next alley places some limitations onto existing or new commercial developments that may need a larger area in order to expand their businesses. Findings and Conclusions- REZ 01-03 /~3 July 3, 2001 Page 2 7. Development on Second Street consists of mostly single family residential east of Eunice Street and may be affected by the proposal. However, nearby parks, church facilities and commercial uses have already altered traffic patterns on Second Street. 8. The properties to the east and west are developed with single or multi-family residences, and also zoned RHD. The properties to the north are zoned Commercial, Arterial and are occupied with commercial uses. The properties to the south are zoned RS7 and are occupied by a church complex. Diagonally across Race Street exists vacant commercial structure at First/Race and also the Civic Field complex at Second/Race. 9. The subject site is occupied by a single family dwelling and is generally flat. To the east and west of the proposal are RHD zoned properties occupied by residential uses. To the north are commercial zoned properties and commercial uses. To the south is residential zoned land occupied by a church complex. 10. The most recent land use analysis in Port Angeles was summarized in the Community Profile Section of the Comprehensive Plan. This section states that there are 12 acres ofbuildable areas zoned high density residential multi-family lands, as compared to 491 acres of buildable areas zoned low density residential. The low density residential zoning designations comprises approximately 46% of the total land base within the City limits, as compared to 4% of the high density residential. Commercial lands comprise 7% of the land base. 11. The Clallam County Housing Needs Assessment (1999) indicated that there were 1,878 multi-family rental units in 1998. According to the Washington State Office of Financial Management, the City's April 2000, official population estimates were based on 78% single family and 22% multi-family housing units with a declining household size. The trend in single family and multi-family housing percentages in other communities also indicates increasing needs for multi-family zoned land. There have been minimal changes in the City's development in the second half of the decade of the 1990's. Multi-family uses are allowed in the Commercial, Office zone by conditional use permit approval. 12. Race Street is designated as an arterial and in the Comprehensive Plan as part of the crosstown truck route. Second Street is a local access street. 13. The SEPA Responsible Official issued a Determination of Nonsignificance on May 21, 2001 in accordance with PAMC 15.04, WAC 197-11 and RCW 43.21C. 14. The City's action on Zoning Map Amendment REZ 01-03 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 15. City Depamnents commented on the application. The Public Works Department noted that the existing driveway approach onto Race Street will not be approved for a new use. The Findings and Conclusions- REZ 01-03 /-1~ 79 duly 3, 2001 Page 3 Building Division noted that the structure would need to be brought up to ADA requirements for a new commercial occupancy. 16. No written public comments were received. Public notice was provided in accordance with PAMC 17.96.070. Conclusions: A. Rezone 01-03 is consistent with the Comprehensive Plan Land Use Map and policies, specifically Land Use Element Goal B, C and E, Policies C1-C4, E2, E5 and E6, and Transportation Element Goal B, Policies B2, B3, B6, B7 and Objective BI. B. REZ 01-03 would not increase the area designated for commercial development along the future crosstown truck. C. The City's action on Zoning Map Amendment REZ 01-03 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code as the proposal is consistent with several adopted policies of the Comprehensive Plan. D. Rezone 01-03 is in the public use and interest and would not decrease multi-family housing supply and would allow for new businesses to located in an area designated for commercial use by the Comprehensive Plan. Adopted by the Port Angeles City Council at its meeting of July 3, 2001. Larry Doy~/Mayor~// Beck~ J. Ilion, ~ty Ci'erl~-- -