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HomeMy WebLinkAboutMinutes 12/05/2000 4339 CITY COUNCIL MEETING Port Angeles, Washington December 5, 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, Erickson, Hulett, Wiggins, and Williams. Members Absent: Councilmember McKeown. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, G. Kenworthy. Public Present: L. Lee, D. Schreck, A. Hills. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Hulett. ALLEGIANCE: CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE An Information Agenda item pertinent to the property exchange for the Airport PLACED ON THIS OR RoadJLauridsen Boulevard right-of-way was moved to Other Considerations, Item 3. FUTURE AGENDA: FINANCE: None. CONSENT AGENDA: After brief discussion, Councilman Wiggins moved to accept the Consent Agenda, to include: 1.) City Council minutes - November 21, 2000 regular meeting and November 28, 2000 special meeting; and 2.) Voice Stress Analyzer Training for the Police Department. The motion was seconded by Councilman Hulett and carried unanimously. CITY COUNCIL . Councilman Campbell reported on his attendance at meetings pertinent to the 4(d) Rule; COMMITTEE the NMFS is coming to town on Thursday to review this area's plan for compliance REPORTS: with the 4(d) Rule take provisions. Councilman Wiggins attended a "Communities in Schools" meeting, at which time it was learned there is funding coming forth from the Gates Foundation, as well as the Boeing Company. The main focus of the program is mentoring children, which has been proven to have a better rate of success than some other programs offered for the children. Councilman Wiggins felt that "Communities in Schools" would provide an opportunity to improve and increase the rate of mentoring in this community. -1- 4340 CITY COUNCIL MEETING December 5, 2000 CITY COUNCIL Councilman Wiggins, along with Councilmembers McKeown and Williams and City COMMITTEE Engineer Kenworthy, attended a Gateway meeting, at which time a new plan was REPORTS: (Cont'd) presented for the Gateway project. The plan would reroute the buses to the mid-block and possibly establish an egress on Railroad Avenue or Railroad Avenue south to Front Street. Engineer Kenworthy offered to show the Council the renderings of the concept. He felt the new plan would provide a solution to the problems that have been envisioned. The new plan must be submitted to the FTA which may result in a bit of a delay, but Engineer Kenworthy felt the delay would be acceptable in view of the support evidenced at the meeting. Councilmembers Williams and Erickson had no report. Councilman Hulett referenced the invitations for the upcoming Chamber social, which were unclear as to the date. Mayor Doyle indicated it has been scheduled for Thursday, December 7, 2000, 5:00 - 7:00 p.m. Mayor Doyle. made welcoming remarks at the Christmas Tree lighting ceremony; entertainment was provided by the Kids on Broadway from Fairview. Mayor Doyle referenced the meeting held between the City, County, and Port of Port Angeles. ORDINANCES NOT Ordinance Declaring Approval of Amended 2000 Budget and A doption of 2001 Budget: REQUIRING PUBLIC HEARINGS: Mayor Doyle reviewed the memorandum submitted by Manager Quinn and Director Ziomkowski on the matter of amending the current budget to reflect expense Amendment of 2000 appropriations and to adopt the new budget prior to the New Year. Manager Quinn Budget, Adoption of 2001 pointed out to the Council certain changes incorporated in the budget, and he responded Budget and Pay Increase to a question from Councilman Wiggins relative to the Hurricane Ridge bus program. for City Employees The amount of $2,700 has been added for the Hurricane Ridge bus under the heading Ordinance No. 3070 of "Community Service". Councilman Hulett sought clarification on Capital Projects, noting that the budgeted amount of $1.6 million had been reduced to $40,000. Director Ziomkowski indicated those funds were allocated toward certain projects that had not yet been started. The majority of the projects will commence in 2001. Mayor Doyle asked about the final disposition of development and marketing funds for the DelGuzzi property. Manager Quinn responded it was intended that development and marketing would be accomplished in concert with each other. However, noting that marketing expenses may be reduced because of a realtor's marketing efforts, it may not be necessary to spend the full budgeted amount of $40,000. The $30,000 in funding for development has been budgeted, but will be put on hold and referred back to the Council at a future date. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3070 AN ORDINANCE of the city of Port Angeles revising the budget for the fiscal year ending December 31, 2000, adopting the budget for the fiscal year ending December 31,2001, providing for a cost of living increase for certain city employees and amending Ordinance 3040. Councilman Hulett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell. Councilman Hulett asked if a savings would be realized because of merging the Building Division into the Planning Department. Manager Quinn answered that any savings obtained in the future might be attributed to operational efficiencies and quality of services provided. A vote was taken on the motion, which carried unanimously. -2- CITY COUNCIL MEETING December 5, 2000 t+3t41 RESOLUTIONS: None. OTHER 1. Hazard Elimination Safety Program Grant Application CONSIDERATIONS: Mayor Doyle summarized the memorandum submitted by Director Cutler Hazard Elimination recommending that authorization be given for the submittal of a grant application in the Safety Program Grant amount of $520,000 for 5th Street, Cherry to Race, improvements and a traffic signal at Application Race Street. Director Cutler advised the Council that Public Works has taken an aggressive approach in seeking additiOnal funding from other organizations for projects that are traditionally accounted for in the yearly budget~ City Engineer Kenworthy explained the project would primarily involve overlay from Cherry to Race Street, installation of a new traffic signal at Race Street and Fifth, and curb and sidewalk would be put in across from Francis and Albert. Mayor Doyle asked if the City would need to match 50% of the funds if the grant is approved. Engineer Kenworthy responded this would not be required, but more points would be added if there were such a match. After brief discussion, Councilman Hulett moved to authorize submittal of grant applications in the amount of $520,000 for the construction of curb, gutter, sidewalk, asphalt overlay and traffic signal installation along Fifth Street and, in .addition, if the grants are approved, authorize the Mayor to execute the Hazard Elimination Safety agreement provided that the grant amounts do not exceed $520,000. Councilman Campbell seconded the motion, which carried unanimously. Waterfront Trail Easement 2. Waterfront Trail Easement Dedication Mayor Doyle summarized the memorandum submitted by John Hicks, Recreation Manager, regarding dedication by the Port of Port Angeles of an easement for a portion of the Waterfront Trail between Oak and Cherry Street. Manager Quinn explained the wetlands need to be replaced, and the two entities have been working together on the construction of the 2.5 acre marine estuary. He felt this was a necessary part of the project in order for the wetlands mitigation to be carried out. Councilman Hulett asked if there would be access to the dock facility. Manager Quinn stated that the easement is for the trail access and, to his knowledge, there wouldn't be any disruption to businesses that deal with the Port of Port Angeles. Councilman Wiggins asked about liability issues, and Mayor Doyle followed up this question by asking if the trail crossed any City streets. Attorney Knutson agreed that safety considerations needed to be taken into account, and he indicated the Parks Department could be informed of the matter so that appropriate signage could be put in place. Councilman Wiggins moved to approve the Waterfront Trail Easement Agreement with the Port of Port Angeles as presented. Councilman Hulett seconded the motion, which carried unanimously. Property Exchange for 3. prOPerty Exchange for Airport Road/Lauridsen Boulevard Right-of- Way Airport Road / Lauridsen Boulevard Right-of-Way Mayor Doyle summarized the memorandum submitted by Public Works & Utilities concerning approval of the property exchange agreement which will complete the right- of-way acquisition to conform to the approved design. Director Cutler elaborated on the memorandum, stating that this was the last piece of property needed to receive certification from the State in order to advertise the project. The City acquired a parcel of land from the Port of Port Angeles for a stormwater detention pond, and the FAA then required that the pond be redesigned longer and more narrow to be further away from the Airport. Director Cutler noted the importance of acquiring the area needed for the new detention pond in exchange for the previously acquired rectangular pond area. 4342 CITY COUNCIL MEETING December 5, 2000 Property Exchange for After further brief discussion, Councilman Campbell moved that the Council Airport Road/Lauridsen approve the property exchange agreement, authorizing the Mayor to sign the Boulevard Right-of-Way agreement and the final documents. Councilman Wiggins seconded the motion. maintenance.C°uncilman ~l~Ser ~eqnU;roer~h7 r ~°s;oCnC~eS~ ~ ~tyr: t°eu~ ;~t gates; however, he indicated he would check further on this matter. A vote was taken on the motion, which carried unanimously. INFORMATION: City Managers Report: Manager Quinn referenced the calendar in the packet, reminding the Council of the December 15 Christmas party. One of the reports City Managers Report included was with regard to the TEA Grant for sidewalks as part of the Entrance Enhancement Project. Manager Quinn noted there have been numerous ways of converting local money into additional funding from grants and other resources, such as the use of the tree funds specified for tree planting along the entrance way. Also part of the packet was a memorandum on the formation of a stormwater utility. Manager Quinn indicated the members of the Utility Advisory Committee recognize the need to move ahead in the area of stormwater management; discussion on this matter will be set for a future Council meeting, with public input solicited. Also included in the packet were reports on the Downtown Watermain/Sidewalk Project and the 8~h Street Reconstruction Project. Manager Quinn reported that Bob Goodwin will be making a presentation to the City on earthquake and tsunami hazard reduction on December 13, 2000 at 10:30 a.m. This presentation will be made to several communities that might participate in studies relative to tsunami hazard reduction, and Manager Quinn asked for three Councilmembers to volunteer to be in attendance at the presentation. Mayor Doyle and Councilman Williams volunteered; Councilmembers Erickson and Hulett expressed interest and will advise City staff at'a later date as to their attendance. Manager Quinn reminded the Council that in January there will be Council appointments to the various committees. He urged them to give thought to any changes they would like to make in the assignments. Manager Quinn announced that a notice was received from the Association of Washington Cities with reference to the National League of Cities policy committees for 2001. The recommendation was that it would be advantageous for one of the Councilmembers to serve on one of the committees. Manager Quinn indicated that Mayor Doyle has expressed interest in the Energy, Environment and Natural Resources Committee. Brief reference was made to a community conversation with the Lt. Governor, which was arranged by the North Olympic Timber Action Committee. Director Cutler advised the Council that the 8th and Lincoln intersection should be paved on Thursday, weather permitting. It was learned that, in the next two years, the State will be paving Lincoln Street, so any failures in that particular area of paving can be addressed by the State. Break Mayor Doyle recessed the meeting for a break at 6:52 p.m. The meeting reconvened at 7:05 p.m. PUBLIC HEARINGS - Municipal Code Amendment MCA 00-03 - City of Port Angeles: Mayor Doyle OTHER: introduced the memo from Director Collins, which sunm~rized the proposed amendments involving several chapters of the Port Angeles Municipal Code. Director Municipal Code Collins reviewed the contents of the packet, pointing out that the modifications were Amendment MCA 00-03 intended to be in compliance with State law, be consistent with other City Ordinances, Ordinance No. 3071 and improve the current permit processes. -4- CITY COUNCIL MEETING December 5, 2000 4343 PUBLIC HEARINGS- Director Collins advised the Council that the City has experienced issues during OTHER: implementation of the Zoning Code, such as the Highland Courte matter, where the City (Cont'd) needs to be more explicit with the Code. Additionally, the City has experienced problems such as how to deal with tree trimming in environmentally sensitive areas. Municipal Code The City has attempted to streamline the process so that trimming of vegetation can Amendment MCA 00-03 occur without an extended process. The proposed changes are an effort to deal with Ordinance No. 3071 certain issues under a common sense approach. Discussion followed, with questions (Cont'd) being raised as to whether the proposed vegetation trimming changes would make the Code more restrictive, and Director Collins 'responded the Code would be less restrictive. Clarification was sought on the different zones and what types of activities would be permitted. Mayor Doyle suggested that when reports like this are given, it would be helpful for the Council to have information setting forth the current regulations and the proposed regulations. If one is not especially familiar with the Zoning Code, then it is difficult to envision the impacts of the proposed changes. Attorney Knutson felt it would be more beneficial to see the entire chapter which, although not legally required, could be made available to the Council. Mayor Doyle indicated an example of confusion could relate to water types in that he would need to look at the WACs to determine how water types are defined. These definitions are not necessarily stated in the Ordinance, and it is difficult to ascertain the changes. In the discussion that ensued, councilman Williams directed attention to the Environmental Policy standards wherein the comment period was cut from 15 to 14 days to be consistent with permanent processing. Yet, within the body of the Ordinance, there is a reference to 14 w°rkihg days. In another part of the Ordinance, reference is made to 15 days, and another section states 14 days. Councilman Williams asked if there was the ability' to have consistency in this regard. Director Collins responded the language was consistent with State law which does include both calendar days and working days. If working days are not specified in the language, then calendar days are used. Councilman Williams then asked if, inthe RI-ID zone where hotels and hospitals are being eliminated, would there be any pre-existing, non-conforming uses because of this action. Director Collins stated that in every instance, except for one, the hotels would all be within a commercial zone. The exception would be the motel on the comer of 2nd and Laurel, whereby the property could be rezoned by the City to resolve the zoning issue. A question was raised about viewshed enhancement, and Director Collins indicated the recommendation is to exempt non-destructive trimming of vegetation in the Clearing and Grading Ordinance. Notification of the activity would be required, but approval would not. Mayor Doyle opened the public hearing at 7:25 p.m. There being no public testimony, the public hearing was closed at 7:25 p.m. Mayor Doyle read the Ordinance by title, entitled, ORDINANCE NO.. 3071 AN ORDINANCE of the City Council of the city of Port Angeles, Washington, amending the City's land use development regulations to be consistent with other City ordinance provisions and recent changes in State law, amending the Environmental Policy Ordinance to standardize time lines, amending the Clearing and Grading and Environmentally Sensitive Areas Protection Ordinances to exempt -5- CITY COUNCIL MEETING 4344 December 5, 2000 PUBLIC HEARINGS - non-destructive vegetation trimming and to provide standards for OTHER: viewshed enhancement, amending the zoning Code by changing or (Cont'd) specifying the zones in which motels, hospitals, and chemical dependency treatment centers are considered as conditional and Municipal Code permitted uses and by providing for aquiculture and excessively high Amendment MCA 00-03 wireless communication support structures to be considered as Ordinance No. 3071 unclassified uses, and amending Ordinances 1886, 2656, 2734, 1709, (Cont'd) 2103, 2109, 2797, 2293, and 2911, as amended, and Chapters 15.04, 15.20, 15.28, 17.08, 17.15, 17.17, 17.20, 17.21, 17.22, 17.23, 17.96, and 18.02 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings 1 - 17 and Conclusions 1 - 4, as set forth in Exhibit "A' which is attached to and becomes a part of these minutes. Councilman Campbell Seconded the motion, which carried unanimously. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 7:30 p.m. to discuss potential litigation for approximately 10 minutes. RETURN TO OPEN The meeting returned to Open Session at 7:47 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 7:47 p.m. ~eecky J.-Ui~n, c~ C~e~k r ---- Larr~Do?~,~Ma~r/ ~r -6- Exhibit "A" 4345 CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 00-03 - CITY OF PORT ANGELES: Findings: 1. The applicant, City of Port Angeles, proposed Municipal Code Amendment to change several sections of the Port Angeles Municipal Code, including Chapters 15.04 Environmental Policy, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process and Title 17, Zoning. 2. The changes proposed to Chapter 15.04 Environmental Policy comply with current state laws, in compliance with R.C.W. 36.70B, Local Project Review. 3. The first amendment to Chapter 15.04 proposes a change to the comment period in Sections 15.04.180(C) and (F) from 15 days to 14 days in order to be consistent with permit process integration and streamlining requirements. 15.04.180 Use of Mitigated DNS. C. The Responsible Official should respond to the request for early notice within .tgfi~ ~ fourteen (14) working days. F. A Mitigated DNS is issued under WAC 197-11-340(2), requiring a fifreorfourteen day comment period and public notice. 4. The second amendment to Chapter 15.04 clarifies the appeal section so that appeals of a Determination of NonSignificance associated with permits processed under Chapter 18.02 in order to ensure that only one open record hearing and one closed record appeal hearing is held. Appeals of a DNS for non-project actions, such as the legislative amendments that we are currently reviewing, are not subject to "Regulatory Reform" requirements. 15.04.280 Appeals. The City of Port Angeles establishes the following administrative appeal procedures under RCW 43.21C. 075 and WA C 197-11- 680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WAC for issuance of the following: 1. A final DN$. Appeal of the DN$ must be made to the City Council within fourteen (14) days of the date the DNS is final (see WAC 197-11- 390(2) (a) for those determinations associated with a permit or action not subject to review under PAMC 18.02. For those determinations subject to PAMC 18.02, the filing of the appeal shall be consistent with the requirements of that chapter and made within fourteen (14) days of the date of decision. 5. The proposed administrative amendments to PAMC 15.20, Environmentally Sensitive Areas are minor in nature. The new definitions proposed under 4346 Findings and conclusions - MCA 00-03 Page 2 15.20.030 (K, O, U) are proposed so that consistency between 15.20 and 15.28 Clearing and Grading Code is made. The proposed amendments would result in distinguishing the minor act of trimming limbs and shrubs (so long as damage to the plant does not result) from tree removal and/or exposure of the soils which can often times affect the integrity and/or stability of a bank or bluff. The additional definition U - Viewshed Enhancement would include those activities in a sensitive area such as tree removal or grading which should not be exempt. 15.20.030- Definitions. For the purposes of this Chapter, the following definitions shall apply: K. 'Land-disturbing activity" means any use of the land that results in: 1) change in the natural cover or topography that exposes soils or 2) may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. P. 'Nondestructive vegetation trimming "means the trimming, topping, or pruning of trees, shrubs, or plants which does not result in harm to the continued life and health of the plant and does not expose the soil surface. U__~. '~Viewshed enhancement "means the removal of trees or vegetation to enhance a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this chapter. 6. The proposed amendment to Definition V - Water Types is to reflect recent emergency rules changes that are effective between March 2000 and June 2001 as well as proper reference to WAC 222-16-030. Because the water typing definitions have been under scrutiny associated with the Forest and Fish Report, emergency legislation, court appeals and because it would take several years for new maps to be available, staff recommends that a simple referral to the Washington Administrative Code (WAC) definitions be made until this issue is sorted out. An alternative would be to include the new definitions according to current WACs which means that we may need to re-evaluate the definitions to avoid code conflicts if they are changed again next year. V. "Water types" include categories established p~a~; ~o and defined in WAC 222-16-,,~, a~d -030, as amended. Refer to the WAC for a current description._~A"~,,~, ...... vw. "T'jpe I ......... " .................... '- ~: ..... ": ...... '-: ~'- ........ 4347 Findings and conclusions - MCA 00-03 Page 3 °-'-'- .......... '--" ~ ...... :~ .... ~ '- ~--.~,~---e~ ~ "' ................. L ...... '--~ , ,-o'n'oj ~-,,~ su~'' "-~'- ~ ...... ~': ........ ~ .......... :"-:- '~ ~ .... ~ ....... : ....... : ..... :' ~hel pal k jcc~ Findings and conclusions - MCA 00-03 4348 Page 4 ~;O~ -'---:a:-'~ -- ~.._A , ,~ ~.. ~ .m~:.. ~:~..:~: ...... ,:~_ :...~.~.. :._~ .................. 7. The following proposed amendments to PAMC 15.20.040 (B) may help to integrate permit actions and lessen the number of permit decisions or actions that will be needed to be made. Examples would be combining an Environmentally Sensitive Areas approval with a clearing and grading permit, and also other actions, such as an ESA approval with a shoreline substantial development permit. Amendment to Subsection "D" provides clarification as to the jurisdiction of the code. 15.20. 040 - Applicability. This Section establishes regulations for the protection of areas which are environmentally sensitive. Areas listed, identified, classified, or rated as environmentally sensitive are those which are or may become designated environmentally sensitive by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that an area is environmentally sensitive. A site specific analysis which indicates that any element regulated by this Chapter is present will result in an area being classified as environmentally sensitive. B. For the purposes of this Chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residential development, subdivision, short subdivision, or any other land use approvals required by ordinan ce of the City of Port Angeles or the Revised Code of Washington. Where possible, the Ci~. shall attach conditions to development proposals or combine permit decisions to ensu re compliance with this chapter while alleviating duplicate permit decisions. D. This Chapter applies to all environmentally sensitive areas located on or adjacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as set forth below. The approximate distribution and extent of environmentally sensitive areas in the City are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 8. The proposed amendments to the definition section of Chapter 15.28 would coincide with those proposed in the Environmentally Sensitive Areas Code. The proposed Findings and conclusions - MCA 00-03 Page 5 amendments to the exemption section under 15.28.040 would clarify that minor activities such as pruning trees would be exempt from the public notice and SEPA requirements. The proposed additions to 15.28.090 to add viewshed enhancement criteria would be consistent with the existing requirements set forth in the Environmentally Sensitive Areas Code under 15.20.070(6). 15.28.020 - Definitions. For the purposes of this Chapter, the following definitions describe the meaning of the terms used: L. "Land-disturbing activin." means any use of the land that results in: 1) change in the natural cover or topography that exposes the soils or 2) may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. M. 'Nondestructive vegetation trimming "means the trimming, topping, or pruning of trees, shrubs, or plants which does not result in harm to the continued life and health of the plant and does not expose the soil surface. O~ "Viewshed enhancement "means the removal of trees or vegetation to enhance a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this chapter. 15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City Engineer. The following shall be exempt from the permit requirements of this Chap ter, provided that the exemptions set forth in Subsections G-JF - I shall not apply in situations where properties include environmentally sensitive areas: F. Non-destructive vegetation trimming with proper removal and disposal of debris. 15.20. 070(B) (6). Viewshed enhancement. In ravine and marine bluff buffers, the Planning Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: (a) Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; nor (b) Adversely affect significant fish and wildlife habitat areas; and will (c) Revegetate disturbed land to reduce erosion and landslide potential. 15.28.090 - Standards. No land-disturbing activity subject to the control of this Chapter shall be undertaken except in accordance with the following mandatory standards: F.~. Viewshed enhancement. In ravine and marine bluff buffers, alterations in vegetation coverage for the purposes of viewshed enhancement may. be approved, so long as such alterations will not: (al Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; nor 4350 Findings and conclusions - MCat 00-03 Page 6 (b) Adversely aff_ ect significant fish and wiMlife habitat areas: and will (c) Revegetate disturbed land to reduce erosion and landslide potential. 9. The proposed amendments to Title 17, Zoning Code, are minor in nature and generally pertain to clarification of definitions and land uses. The proposed amendments to land uses that are specified in various zoning designations are generally a result of issues that have been raised throughout the year, many of which are associated with the analysis of the proposed drug and alcohol center in the RHD zone, as well as compatibility of new cell tower placement with adjacent uses, along with establishing an adequate review process for such proposals. 10. Through the review and subsequent approval of the drug and alcohol treatment center in an RHD zone, it was also discussed that hospitals and motels do not belong in that zone. In order to allow for new motel facilities, the Planning Department recommends that they be allowed by conditional use approval in the CO, CN and CSD zones. Motels are currently permitted in the CA and CBD zones. Also, allowing drug and alcohol centers in the Commercial zones as a conditional use should also be made. 17.15.040 Delete hospitals (G) and motels (I) from the RHD zone. 17.20.160, 17.21.160, 17.22.160. Add Motels as a conditional use in the Commercial Office, Commercial Neighborhood, and Community Shopping District. 17. 20.160 Add chemical dependency treatment centers as a CUP in the Commercial Office zone. 1 7. 23.040 Add chemical dependency treatment centers as a permitted use in the CA zone. 11. The following amendments to definitions in Title 17, Zoning, will improve the current regulatory process for reviewing the placement of new telecommunication towers. This includes adding a definition for wireless communication facilities, amending the definition of utility structure and also adding telecommunication facilities that exceed the maximum building height as an unclassified use. 17. 08.115 Add definition of wireless communication facilities, as follows: Wireless Communication Facilities (WCFs)...means an unstaffed facility for the transmission and/or reception of wireless telecommunications services included support structures, antennas, accessory equipment and appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication services. WCFs include but are not limited to antennas, poles, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, electronic and switching equipment. 17.08.105 Amend definition of utility building or structure to include wireless communication facilities to which the structure height is less than the maximum building height of the zone in which is will be located. Findings and conclusions - MCA 00-03 Page 7 17. 96.060(D) Add to list of unclassified uses: wireless communication support structures that exceed the maximum building height specified by the particular zone. 12. The following minor amendments are proposed to address grammatical, typographical or other minor corrections in Title 17. Various Remove "conditional "in titles of 17.17, 17.18, and 17. 26, as well as the table of contents for these sections. 17. 96. 060(D) Add to list of unclassified uses: 1) aquaculture 17.17.040(H) Add: The number of off-street parking spaces shall be determined by the Planning Director. Any improvements to the parking area shall be determined by the City Engineer in accordance with PAMC 14. 40 whereby said improvements shall be completed within two years of the date of approval. 13. The proposed changes to PAMC 18.02 are minor in nature and would be consistent with the 1997 changes to R.C.W. 36.70B, Local Project Review. 18.02.070 At)t~lication Review Process. F. Notice of Decision. A notice of decision, which may be a copy of the report or decision on the project permit application, shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall b_.~e consistent with R. CW. 36. 70B and shall include a statement of any threshoM determination made under Chapter 43.21C RCW and Chapter 197-11 WAC and the procedures for administrative appeal, if any. For non-administrative approvals, notice of the decision shall be published in the City's officially designated newspaper. 18. 02.080 - Concurrent Environmental Review. C. The following requirements shall apply to concurrent SEPA review.. 1. Except for a threshold determination of sig~-dfica~ice, the City may not issue,~:'~ ,,,,'" .... ~o,,~,,,,'-~'~ ,,~,~, ~ ...... ,,,,,~,,,~,,,-' .... :~-- or issue a decision or a recommendation on a development application until the expiration of the public comment period on the notice of application. 18. 02.070(E). Except for the appeal of a determination of significance as provided in R. C. W. 43.21C. 075 and WAC 197-11-680, appeals of other threshold determinations shall be submitted prior to and combied with any predecision open record hearing, if one is provided for the development application involved or combined with an appeal of the underlying project decision per PAMC 18. 02.120. 18. 02.080(C) (2) Ifa public hearing is required and the City; s threshold determination requires public notice under Chapter 43.21C R. C.W., and 197-11 WAC, the City shall 4352 Page 8 issues its threshoM decision at least 15 days prior to the public hearing, or shall comply with procedures under WA C 197-11-355, Optional DNS process. 18.02.120(A). If an administrative appeal of the project decision is provided by ordinance, combined with any environmental determinations, such appeal shall be filed within 14 days after the notice of the decision or after other notice that the decision has been made and is appealable. The Ci~. shall extend the appeal period for an additional seven days. if state or local rules adopted pursuant to Chapter 43.21C R. C. W. allow public comments on a determination of nonsignificance issued as part of the a_~t~ealable project permit decision. 14. The following Comprehensive Plan policies are most relevant to the proposed amendments: a) Growth Management Element, Policy (A)(1)(g) - Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability; b) Land Use Map Goal, Policies and Objectives - Goal A -To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future; c) Goal B -To have a community where residential development and use of the land area done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City; d) Goal C -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 interest; e) Policy C(1)- Residential land should 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. 15. A Determination of NonSignificance was issued for this proposal on November 2, 2000. 16. The City received no written public comments on the proposed Municipal Code Amendment MCA 00-03. 17. The relevant state laws that provide authority for the code chapters that are included in these amendments, as well as the amendments include the following: Growth Management Act, R.C.W. 36.70A, Local Project Review, R.C.W. 36.70B, State Environmental Policy Act, R.C.W. 43.21 C, and associated Washington Administrative Codes (WAC) including WAC 365-195 and WAC 197- Requirements for amending Title 17, Zoning are specified in Section 17.96.100, as follows: 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain 4353 Findings and conclusions - MCA 00-03 Page 9 the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the Council may be modified fi.om the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the zones in these regulations. Conclusions: Based on the information provided in the Planning Department Staff Report dated November 8, 2000 for MCA 00-03, 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 amendments are consistent with the goals and policies of the City's Comprehensive Plan including, but not limited to, Land Use Element Goals A- C and Policy C 1. 2. The proposed amendments will result in overall improved administration of regulations adopted by the city that pertain to the location of drug and alcohol treatment centers, hospitals and motels; the definitions of utility structures and wireless communication facilities, as well as the applicability of existing structure height standards as they relate to telecommunication towers. 3. The amendments will result in improved public service relating to permit processing and regulation integration. 4. The proposed amendments are in the public use and interest. Adopted by the Port Angeles City Council at its meeting of December 5, 2000. Becky J-. Ul~n~-(5~ty Cl~'rkJ'"--