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HomeMy WebLinkAboutMinutes 05/22/1996 . . . HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE. AGENDA CITY OF PORT ANGELES PLANNING COMNIISSION 321 East Fifth Street Port Angeles, W A 98362 May 22, 1996 7:00 p.m. I. CALL TO ORDER II. ROLL CALL m. APPROVAL OF MINUTES: May 8, 1996 IV. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT - CUP 96(05)13 - MAHARAJ - 1213 Marine Drive: Request for a restaurant use to be located in the ill, Industrial Heavy zone. 2. COMPREHENSIVE PLAN AMENDMENT - CPA 96-01 - REED - 600 Block Race Street: Request for an amendment to the City's Comprehensive P Ian to allow a change for approximately 28,000 square feet of property from LDR, Low Density Residential, to C, Commercial. 3. COMPREHENSIVE PLAN AMENDMENT - CPA 96-02 - CITY OF PORT ANGELES. East and West of Golf Course Road between Melody LanelLindberg Road and Maddock RoadIWoodhaven Lane: Proposal to designate recently annexed property on the City's Comprehensive Land Use Map to LDR, Low Density Residential. 4. MUNICIPAL CODE AMENDMENT - MCA 96-05 - CITY OF PORT ANGELES. City-wide: Proposal to amend the City's subdivision regulations with regard to requirements for final plat submittal and to allow for improvement exceptions for commercially zoned properties where there will not be an increase in the number of lots within a short plat allowing for improvements to be made following final plat approval but prior to occupancy of any structure. PLANNING COMMISSION: Bob Kin&, Chair, Tim German (Vice), Cindy Souders, BobPhilpolt, I1nd& Nutter, Dean Reed, M&y Craver. STAFF: Brad Collins, Dirmor, Sue Roberds Office SpcciaIisI, and David Sawyer, Senior Planner. . V. OLD BUSINESS MUNICIPAL CODE AMENDMENT - MCA 96-02 - CITY OF PORT ANGELES. Environmentally Sensitive Areas roSA) Ordinance: Revision to the City's ESA Ordinance to allow flexibility in determining buffer requirements and creating a "minor construction" exemption where construction is so minor as to make geotechnical analysis infeasible. (Discussion continued from May 8, 1996.) VI. PLANNING REPORTS/RECOMMENDATIONS TO CITY COUNCIL MUNICIPAL CODE AMENDMENT - MCA 96-06 - CITY OF PORT ANGELES. Residential} Zones City-wide: Proposal to amend Chapter 17 (Zoning) of the Port Angeles Municipal Code with regard to accessory structure allowances in residential zones. (The Planning Commission is not holding a public hearing on this item at this meeting.) YD. COMMUNICA TIONS FROM THE PUBLIC vm. STAFF REPORTS IX. REPORTS OF COMMISSION MEMBERS . X. ADJOURNMENT All co"espondence pertaining to a hearing item received by the Planning Department at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Briefrebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chairman. . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 22, 1996 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Tim German, Cindy Souders, Mary Craver, Dean Reed, Linda Nutter Members Excused: Bob King Staff Present: Brad Collins, Sue Roberds Public Present: Jeff Hedlund, Reid Moore, Randy Smith, Bob Janssen, John Chiasson, Jim and Sandy Reed, Patrick Downie, Sue and Stan Maharaj, Jim Thornburg As Chair King was absent, Vice Chair German assumed the Chair for the evening's proceedings. . APPROVAL OF MINUTES Commissioner Philpott noted a typographical error in the time period of the first break called for during the May 8, 1996, meeting. Commissioner Reed asked that wording indicating staff would provide additional background information for the proposed environmentally sensitive areas amendment recommendation be included on page 18 of the minutes. With the noted corrections, Commissioner Philpott moved to approve the May 8, 1996 minutes. The motion was seconded by Commissioner Reed and passed 4~ 0, with Commissioners Nutter and Souders abstaining. PUBLIC HEARINGS CONDITIONAL USE PERMIT - CUP 96(05)13 - MAHARAJ - 1213 Marine Drive: Request for a restaurant use to be located in the IH, Industrial Heavy zone. Planning Director Collins reviewed the Planning Department's report recommending approval of the conditional use permit as proposed. Vice Chair German opened the public hearing. . Stan Maharaj, 1213 Marine Drive, spoke in favor of the conditional use permit and expressed his frustration with the process that required him to apply for permits for the expansion of the restaurant. He stated his objection to providing the three additional parking spaces that are required as part of the expansion of the seating area for the restaurant. . . . Planning Commission Minutes - May 22. 1996 P(1ge2 Commissioner Nutter asked Mr. Maharaj to work with staff to assure that the additional three parking spaces required for the added seating capacity of the restaurant are available as they are not indicated on the submitted site plan. Mr. Maharaj answered that he has the necessary parking for the use. There being no further testimony, Vice Chair German closed the public hearing. Commissioner Philpott moved to approve the conditional use permit with the following conditions, findings and conclusions: Conditions of Approval: 1. The proposed use shall meet all requirements of the Port Angeles Municipal Code including zoning, parking, fire, and building code requirements. A revised parking plan shall be submitted to the Planning Department which provides the required number of parking spaces and improvements installed. 2. The proposed use shall comply with all conditions of Shoreline Substantial Development Permit No. SMA 96-157. Findings: Based on the information provided in the May 22, 1996, Staff Report for CUP 96(05)13, (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Stan Maharaj applied for conditional use permit on April 25, 1996, (See May 22, 1996, Staff Report for CUP 96(05)13 Attachment A). 2. An Adoption of an Existing Environmental Document was issued by the City of Port Angeles SEPAResponsible Official on May 5, 1996 (See May 22, 1996 Staff Report for CUP 96(05)13 Attachment B). 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, and Industrial, Heavy in the City's Zoning Ordinance. 6. A restaurant is a conditionally permitted use in the Industrial, Heavy zone. . . . Planning Commission Minutes - May 22, 1996 Page 3 7. A shoreline substantial development permit was approved for the project (SMA 96- 157) on May I, 1996, conditioned upon approval of a conditional use permit. 8. Pursuant to Section 17.96.070.C of the Zoning Ordinance, any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. Appeals must be submitted to the Planning Department, in writing, within fourteen (14) days following the date of the decision. Conclusions: Based on the information provided in the May 22, 1996 Staff Report for CUP 96(05)13 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2, C-I, D-l, E-4, G-I, and the Conservation Element Policies D5 and 7. B. As conditioned and properly redesigned, the proposed project is in the public use and interest. Commissioner Souders seconded the motion, which passed 6 - O. The Commission took a five minute break at 7:30 p.m. to 7:35 p.m. COMPREHENSIVE PLAN AMENDMENT - CPA 96-01 - REED - 600 Block Race Street: Request for an amendment to the City's Comprehensive P Ian to allow a change for approximately 28,000 square feet of property from MDR, Medium Density Residential, to C, Commercial. Director Collins reviewed the Planning Department's report and responded to questions from the Commission as to the specific location and surrounding uses to the proposed site. Vice Chair German opened the public hearing. Jim Reed, 485 Blue Mountain Road, spoke in support of the Comprehensive Plan Amendment. He explained that the proposed change would not conflict with the Comprehensive Plan, and expanded on the traffic patterns in the area including the fact that other uses in the area are commercial even though the area zoning has remained residential. The property is located in the center of an area that is zoned residential single-family but has been developed in a mix of commercial and residential uses which includes professional offices and a grocery store south of the site, a nursing home, church, apartment complex, and three or four single-family residential homes directly north and west of the site, Civic Field and Erickson Playfield one block north of the site, and heavy commercial uses further north on First Street. Planning Commission Minutes - May 22, 1996 Page 4 . During the hearings for rezone of properties within the City in compliance with the Comprehensive Plan in August, 1995, he was told that it would be necessary to designate the area as Commercial on the City's Comprehensive Plan before a rezone of the area could occur to CO, Commercial Office, which is the basis for the current amendment proposal. Although many neighbors spoke in opposition to the previous rezone request to MDR, Medium Density Residential, for the subject property, in talking with many of them further he understood that their opposition was to multiple family apartments being erected in the neighborhood not to light office uses. As his intention is only to construct light office uses on the site, he would not be opposed to a deed restriction ensuring such use. Jim Thornburg, 521 South Race Street, lives across the street from the subject property and was the leader of the opposition to the previous proposed rezone to MDR for the property. He concurred that the neighborhood had agreed with Mr. Reed that a rezone to CO, Commercial Office, for light commercial office uses would be the best deal for the neighborhood. Director Collins offered that if the proposal is considered part of the imprecise margins intentionally used for flexibility on the City's Comprehensive Plan Land Use Map between the residential and commercial areas, the proposal could be viewed as a minor change. He clarified, for informational purposes, that commercial zones allow for multiple family uses at RHD standards. . There being no further testimony, Vice Chair German closed the public hearing. Commissioner Nutter stated her concern that development of the site to an office commercial use would increase the traffic in the area by creating more opportunity to turn into the commercial sites off Race Street that does not have a center turn lane and is heavily travelled. Race Street in this location may in the future serve as a north/south leg to an alternate crosstown route. At the request of Vice Chair German, Commissioner Souders, having served on the City's Growth Management Advisory Committee, elaborated on the background as to why the commercial designation of Race Street was drawn at the south boundary of Seventh Street, immediately north of the subject property. The transportation subcommittee of the GMAC concluded that commercial zoning may preclude a good flow of traffic. Therefore, the designation of Race Street north of Seventh Street as commercial was to protect and encourage what appears to be a fairly reasonable flow of traffic on Race Street and to allow for an alternate crosstown route and a method to decrease truck traffic in the Downtown. The area south of the site along Race Street to Eighth Street was already developed as commercial. . Commissioner Craver indicated that given the development in the area to commercial, the retention of the subject property as residential appears to be the exception not the rule in this case and it doesn't appear reasonable to restrict these four lots from development in the existing pattern. A light commercial use would buffer the remaining residential uses from the traffic and noise of Race Street. . . . Planning Commission Minutes - May 22. 1996 Page 5 Commissioner Souders felt that, out of a sense of fairness, since the City has denied several other requests for rezones in this immediate area along Race Street to commercial within only a couple of blocks of this site under the same circumstances, approval of the request may be inconsistent with those decisions. Commissioner Craver argued that the change from previous times might be that truck traffic in the City has considerably decreased given the downtrend in logging, and a crosstown route may not be as much an issue as in the past. A crosstown route has been talked about for nearly thirty years and it doesn't seem logical to base approval or denial of the current proposal on future possibilities that may never occur. The majority of development in the immediate area is not residential. She did not believe that all of Race Street should necessarily be rezoned to commercial but that the subject proposal is not unreasonable. Vice Chair German stated that a light commercial use could provide a good buffer to the existing surrounding residential uses but suggested that if a change occurs possibly it should occur for the overall area along Race Street between Second Street and Seventh Street which is better planning than to be so site specific. Commissioner Nutter agreed with Mr. German but stated opposition to setting up a strip commercial center on Race Street which could detract from the struggling more centralized commercial uses elsewhere in town. Commissioner Reed favored protecting the Race Street corridor as an alternate crosstown route as it is currently being used. Given the allowance of multiple family uses in commercial zones and the neighbor's previous opposition to such uses with the City's concurrence in denial of the previous rezone proposal, he could not in good faith vote for an amendment that would allow the multiple family uses at this location. Commissioner Philpott agreed that with the current proposal he could not guarantee the neighborhood that there would not be an apartment use one day on the site. In response to a question from Commissioner Philpott, Jim Reed stated that he had been given the impression by individual Council members that they could not consider a rezone of his property without a Comprehensive Plan Land Use Map designation to Commercial for the area and that he should proceed with a Comp Plan amendment to allow a rezone which is what he did. He felt that he was getting mixed signals. Planning Director Collins suggested that it may be possible to work with the CO zone itself to restrict residential uses in the zone, but it could be a negative for those who have purchased CO zoned property expecting to develop it as residential. Commissioner Craver pointed out the number of proposals that have been made for designation of properties in this area to commercial. . . . Planning Commission Minutes - May 22. 1996 Page 6 Following detailed discussion on the pros and cons of the proposed amendment, Commissioner Souders noted that infill is needed in Port Angeles and that the public may need to be educated to explain how medium density and high density developments can successfully locate near single family residential areas. Following in depth discussion as to the applicant's opportunities, revision to commercial zones, density allowances and allowed uses in the medium and high density zones, and the applicant's testimony that he had been given direction to follow this approach, Commissioner Souders moved to recommend approval of the amendment as proposed citing the following findings and conclusions: Findings: I. This 1996 Comprehensive Plan Amendment is proposed by the property owner Jim Reed for a change in the land use designation in area of Race Street east and between 6th and 7th Streets from medium density residential to commercial. 2. The Comprehensive Plan, particularly Land Use Goal A, Policy AI, Goal C, Policy C.I, and the Policy EJ and Transportation Policy 8.5 and Objective B.l, have been reviewed with respect to the proposed amendment. 3. The subject Comprehensive Plan map area is contiguous to commercial land use designations to the south and southwest. 4. A recent request to approve residential medium density zoning consistent with the Comprehensive Plan land use designation of the sugject area was denied. 5. The amendment was submitted in a timely manner on April I, since the March 31, 1996, deadline was on a Sunday and the deadline was extended, therefore, to the next business day and in accordance with the procedures that have been established by the City consistent with the Growth Management Act. 6. The Environmental Impact Statement for the Port Angeles Comprehensive Plan was adopted by the City of Port Angeles for the proposed Comprehensive Plan Amendments on April IS, 1996. Conclusions: A. Comprehensive Plan Amendment 96-01 is in the public use and interest. B. Comprehensive Plan Amendment 96-01 is consistent with the Comprehensive Plan Goals, Policies, and Objectives as identified in the staff report and with the Growth Management Act. C. The City's action on Comprehensive Plan Amendment 96-01 is consistent with the established procedures for amending the Comprehensive Plan, Title 18, Port Angeles Municipal Code. . . . Planning Commission Minutes. May 22. 1996 Page 7 Commissioner Craver seconded the motion which failed 3 - 3. Commissioners Souders, Craver and German voted in the positive, with Nutter, Reed, and Philpott voting in the negative. Vice Chair Gennan called for any other motions. Being none, the motion deadlocked. Commissioner Nutter stated that she voted against the motion in opposition to establishing Race Street as a strip commercial develoment. Commissioner Philpott's negative vote was due to his concern that since the neighbors previously expressed such strong opposition to multiple family uses in this neighborhood, and with the commercial designation he could not assure them that such a change would not allow multiple family uses on the property, he could not vote for the proposed change. Commissioner Reed would like to revisit uses allowed in the area. Commissioner Souders noted that if further redesignation is proposed for the area, public hearings should be held and representatives of other commercial areas that would be affected should be included in the decision making. Commissioner German reminded those present that if the City Council approves a Comprehensive Plan amendment of this site, a rezone would be required and further public hearings would beheld at that time. The Commission took a break from 9:05 p.m. to 9: 15 p.m. COMPREHENSIVE PLAN AMENDMENT - CPA 96-02 - CITY OF PORT ANGELES. East and West of Golf Course Road between Melody LanelLindberg Road and Maddock Road/Woodhaven Lane: Proposal to designate recently annexed property on the City's Comprehensive Land Use Map as LDR, Low Density Residential. Commissioner Reed resides in the direct area of the proposaL He left the room for the proceedings. Conunissioners Philpott and Nutter explained their residential locations as being near the area and asked if anyone objected to their remaining seated. There were no objections. Director Collins reviewed the Planning Department's report. Vice Chair Gennan opened the public hearing. There being no one present to speak to the proposal, the public hearing was closed. Commissioner Souders moved to recommend that the recently annexed areas under discussion be designated as LDR, Low Density Residential, on the City's Comprehensive Land Use Map citing the following findings and conclusions: . . . Planning Commission Minutes . May 22.1996 Page 8 Findings: 1. The 1996 Comprehensive Plan Amendments for land use designations in areas annexed since the Comp Plan Land Use Map was adopted have been proposed by the City Planning Department charged with implementing the Comp Plan1s goals, policies, and objectives. 2. The Comprehensive Plan has been reviewed with respect to the proposed amendments. 3. The amendments were submitted in a timely manner by the March 31, 1996, deadline for the annual review and according to the procedures that have been established by the City consistent with the Growth Management Act. 4. The EnviroIUnental Impact Statement for the Port Angeles Comprehensive Plan was adopted by the City of Port Angeles for the proposed Comprehensive Plan Amendments on April 18, 1996. Conclusions: A The City's 1996 Comprehensive Plan Amendments are in the public use and interest. B. The City's 1996 Comprehensive Plan Amendments are consistent with the Comprehensive Plan Goals, Policies, and Objectives as identified in the staff report and with the Growth Management Act. C. The City's 1996 Comprehensive Plan Amendments are consistent with the established procedures for amending the Comprehensive Plan, Title 18, Port Angeles Municipal Code. The motion was seconded by Commissioner Nutter, and passed 5 - O. Commissioner Reed returned to the dais. MUNICIPAL CODE AMENDMENT - MCA 96-05 - CITY OF PORT ANGELES. City-wide: Proposal to amend the City's subdivision regulations with regard to requirements for final plat submittal and to allow for improvement exceptions for commercially zoned properties where there will not be an increase in the number oflots within a short plat allowing for improvements to be made following final plat approval but prior to occupancy of any structure. Director Collins reviewed the Planning Department's report and answered questions as to the effect the proposed amendment would have to future commercial property purchasers. He responded to the Commission's question as to why the proposal is only being proposed for commercial properties by saying that commercial land developers are generally more . . . Planning Commi$slon Minute:. May 22, 1996 Page 9 cognizant of the potential of development costs and processes and may not be as likely to be caught unaware of the high cost associated with property improvement as residential owners. Vice Chair German opened the public hearing. Pat Downie, 331 East Eleventh Street, stated that the City needs to work with developers in a pro-active way toward the development of commercial property to its highest and best use. This is an opportunity to do just that. There being no further testimony, Vice Chair Gennan closed the public hearing. There was a considerable amount of discussion and some confusion as to why the amendment is needed as State law requires that improvements either be placed or bonded for prior to final of a subdivision. Commissioner German pointed out that if a developer is unable to complete all the required improvements, a bond can be accepted in lieu of the cash improvements. In response to the Commission's confusion on the issue, Mr. Collins indicated that the amendment is due to a request from a developer who has not had to provide improvements in developments elsewhere and is asking the City to amend its procedures in accord with those other area's allowances to provide improvements at the time of development, not at the time of final platting. Commissioner Reed moved to recommend approval of the proposed amendment with the following findings and conclusions: Findings: 1. The City's subdivision regulations have been reviewed with respect to an exception for development of commercial zoned property when being short platted without any increase in the number of lots and provisions are made for the minimum public improvements before construction or occupancy for any new structures. 2. The Comprehensive Plan, in particular Growth Management Goal A, Policy A 1.1., Land Use Goal A, Policy A2., Goal B., Capital Facilities Element Goal A, and Policy A.9, have been reviewed with respect to the proposal. 3. The proposal was categorically exempt from requirements of SEP A (WAC 197-11- 800(20)). Conclusions: A. The Municipal Code Amendment is in the public use and interest. B. The Municipal Code Amendment is consistent with the Comprehensive Plan Goals as identified in the staff report. . . . Plonnfng Commission Minutes - May 22. 1996 Page 10 C. The Municipal Code Amendment is consistent with the intent of Chapters 16.04 and 16.08 of the Port Angeles Municipal Code, D. Consolidation of small and odd shaped lots, which is desirable for development purposes consistent with the Comprehensive Plan, may not be accomplished without coordinating construction activities. The motion was seconded by Commissioner Nutter and passed 6 - O. The hour being 9:50 p.m., Commissioner Reed moved to continue the proceedings beyond 10 p.m. The motion was seconded by Commissiner Souders, and passed 6 - O. Commissioner Nutter moved to change the order of the agenda in order to allow the member of the audience to listen to Item No. VI and to speak to Item No. VII on the agenda without waiting further at this late hour. The motion was seconded by Commissioner Reed, and passed 6 - O. PLANNING REPORTS/RECOMMENDA TIONS TO CITY COUNCIL MUNICIPAL CODE AMENDMENT - MCA 96-06 - CITY OF PORT ANGELES. Residential Zones City-wide: Proposal to amend Chapter 17 (Zoning) of the Port Angeles Municipal Code with regard to accessory structure allowances in residential zones. (The Planning Commission is not holding a public hearing on this item at this meeting.) Planning Director Collins reviewed the Planning Department's report on the issue and informed the Commission that a public hearing has been scheduled for June 12 for this proposal with a second hearing before the City Council on June 18. The memorandum is purely informational at this time. COMMUNICATIONS FROM THE PUBLIC None OLD BUSINESS Commissioners Souders and Nutter were excused from the remainder of the meeting at this point due to their absence during the public hearing for the following item conducted on May 8, 1996. . . . Planning CommfssionMinutes -May 22.1996 Page 10 c. The Municipal Code Amendment is consistent with the intent of Chapters 16.04 and 16.08 of the Port Angeles Municipal Code. D. Consolidation of small and odd shaped lots, which is desirable for development purposes consistent with the Comprehensive Plan, may not be accomplished without coordinating construction activities. The motion was seconded by Commissioner Nutter and passed 6 - O. The hour being 9:50 p.m., Commissioner Reed moved to continue the proceedings beyond 10 p.m. The motion was seconded by Commissiner Souders, and passed 6 - O. Commissioner Nutter moved to change the order of the agenda in order to allow the member of the audience to listen to Item No. VI and to speak to Item No. vn on the agenda without waiting further at this late hour. The motion was seconded by Commissioner Reed, and passed 6 - O. PLANNING REPORTSIRECOMMENDA TIONS TO CITY COUNCIL MUNICIPAL CODE AMENDMENT - MeA 96-06 - CITY OF PORT ANGELES. Residential Zones City-wide: Proposal to amend Chapter 17 (Zoning) of the Port Angeles Municipal Code with regard to accessory structure allowances in residential zones. (The Planning Commission is not holding a public hearing on this item at this meeting.) Planning Director Collins reviewed the Planning Department's report on the issue and informed the Commission that a public hearing has been scheduled for June 12 for this proposal with a second hearing before the City Council on June 18. The memorandum is purely infonnational at this time. COMMUNICATIONS FROM THE PUBLIC None OLD BUSINESS Commissioners Souders and Nutter were excused from the remainder of the meeting at this point due to their absence during the public hearing for the following item conducted on May 8, 1996. . . . Planning Commission Minutes. May 22. /996 Page 11 MUNICIPAL CODE AMENDMENT - MCA 96~02 - CITY OF PORT ANGELES. Environmentally Sensitive Areas (ESA) Ordinance: Revision to the City's ESA Ordinance to allow flexibility in determining buffer requirements and creating a "minor construction" exemption where construction is so minor as to make geotechnical analysis infeasible. (Discussion continued from May 8, 1996.) Planning Director Collins noted that the public hearing was closed for this proposal at the May 8, 1996, meeting, with staff having been directed to provide additional information as to the background of the recommendation for approval found in the May g, 1996, staff report. Planning Office Specialist Sue Roberds provided information that she had obtained from the City's Building Inspector that the area allowed for expansion of an existing structure without enlarging the existing foundation is dependent on the length of the existing floor joist. Therefore, to restrict modification of an existing structure in an environmentally sensitive area dependent on the Building Code's provisions would be logical and should not cause an impact to the environmentally sensitive area as there would be no foundation expansion. The Commission agreed with the logic of the proposal given by staff and therefore, Commissioner Reed moved to recommend that the City Council approve the proposed amendment subject to the following findings and conclusions: Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendment: Growth Management Element Goal A and Policy A 1, Land Use Element Goal A, Objective AI, Policies 8.1 and 1.1, Conservation Element Policies AI, A2, A.3, B.2, B.4, and B.15, and Objectives B.2 and B.3. 2. The proposed language allows for exceptions which are supported by scientific analysis or are minor in their application. 3. Notice of the proposed Municipal Code Amendment was posted in City Hall, County Courthouse, and the Port Angeles main branch of the North Olympic Library System on April 18, 1996, and published in the Peninsula Daily News on April 21, 1996. 4. A DeteI1l1ination of Non-Significance (DNS) and Adoption of a Previous Document (DNS issued 8/7/91 for adoption of the City's Environmentally Sensitive Areas Protection Ordinance) was issued on April 18, 1996, and no appeal of this threshold determination and adoption of a previous DNS has been made in a timely manner. . . '. Planning Commission Minutes. May 22. 1996 Page 12 Conclusions: A. The Municipal Code Amendment is consistent with the Comprehensive Plan Goals, Policies, and Objectives specifically those found in Finding NO.1, B. The Municipal Code Amendment is consistent with the purpose of Chapter 15.20 of the Port Angeles Municipal Code. C. The existing language in the ESA Chapter 15.20 PAMC allows for some flexibility which could be simplified with regard to geotechnical/engineering conclusions. D. The proposed language allows for exceptions which are supported by scientific analysis or are minor in their application and would be prudent for administrative interpretations ofESA enforcement and for avoiding regulation overkill which many in our community could agree makes little common sense. E. The Municipal Code Amendment is in the public use and interest. Commissioner Philpott seconded the motion, which passed 4 - O. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Philpott once again noted that the TOad alignment on Ahlvers Road north of Galaxy Place is a dangeTOus situation. ADJOURNMENT The meeting adjourned at 10:30 p.m. ~ PREPARED BY: S. Roberds . PLEASE SIGN...lN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: '--;lJ 'I /( -1, / q rJ (; .. . . .--- .,. --.. .0., o".o,:,..,o""...:c,oo'"':ADDRFss:;:.::-'?. ...... 6o~ JaN.s J o.~...... I :E: 2 I cT1. tfc S D' 1'50- ~o. \ '0 t, ~ T . .