HomeMy WebLinkAboutMinutes 05/23/2001
~
?o'
,.'
;
1
;~
.
I.
FORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
May 23,2001
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meetings of April 25, 2001, and May 9, 2001.
IV. PUBLIC HEARING:
1.
COMPREHENSIVE PLAN AMENDMENT - CPA 01-01 - CITY OF PORT
ANGELES: Proposed amendments to the City's Comprehensive Plan that include
updates to planning area names, utility extensions outside ofthe City limits, habitat
protection policies, and implementation of recent changes to the Growth Management
Act relating to the recognition and coordinated planning of transportation facilities.
V. COMMUNICATIONS FROM THE PUBLIC
VI. ST AFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
.
PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter
PLANNING STAFF: Brad Collins, Planning Director; Debra Barnes, Associate Planner; Sue Roberds, Planning Specialist
.
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 23, 2001
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Linda Nutter, Fred Hewins,
Chuck Schramm, Mary Craver, Rick Porter
Members Excused:
None
Staff Present:
Brad Collins, Debra Barnes, Jim Mahlum
Public Present:
Gary Gleason, EJ. Beckett
APPROVAL OF MINUTES
Commissioner Hewins moved to approve the April 25, 200 I minutes. Commissioner Norton
seconded the motion which passed unanimously. Commissioner Hewins moved to approve the May
9,2001 minutes. Commissioner Norton seconded the motion which passed unanimously
. PUBLIC HEARING
.
Comprehensive Plan Amendment - CPA Ol-Ol-Citr of Port Angeles: Proposed
amendments to the City's Comprehensive Plan that include updates to planning area names,
utility extensions outside of the City limits, habitat protection policies, and implementation
of recent changes to the Growth Management Act relating to the recognition and coordinated
planning of transportation facilities.
Planner Barnes provided the staff report. Clarification was made as to which attachment or exhibit
to reference. Director Collins suggested that an additional finding be made which reflects the City's
discretion in utilizing the word "should" in implementing the goals and policies of the
Comprehensive Plan. The public hearing was opened.
Gary Gleason, Chair, Nonmotorized Committee, 2211 East Seventh Street, provided a written
statement and also responded to several clarifying questions of the Commission.
E.J. Beckett, 421 East 12m Street, spoke in favor of the amendments proposed by the Nonmotorized
Committee, adding her hope that the City continues to promote nonmotorized transportation.
Being no other person wished to testify on the proposal, public hearing was closed.
Amendment #6. The Commission reviewed each of the 24 items in Amendment #6 in addition to
the one proposed as a part of the public testimony. Clarifying questions were asked to Mr. Gleason
and staff. Director Collins commented that the City is willing to work with the Nonmotorized
Plallning Commissioll Minutes
May 23,2001
Page 2
.
Committee on some of their suggestions in the future. Discussion followed. The Commission
agreed to several additional revisions, some rejections, and approvals of the recommended changes,
as follows:
Approval as proposed or amended:
~ Item (a) - Transportation Element General Comments; added objectives under Policy A.
~ Item (c) - Transportation Element Policy A2
~ Item (e) - Transportation Element Policy A4
.. Item (g) - Transportation Element Policy B15
.. Item (i) - Transportation Element Objective B6a
.. Item U) - Transportation Element Objective B6d.
.. Item (k) - Transportation Element Objective B 1 O.
.. Item (m) - Utilities and Public Services Element Policy C6.
.. Item (n) - Utilities and Public Services Element Policy D5.
.. Item (0) - Utilities and Public Services Element Policy D9.
.. Item (q) - Capital Facilities Element Policy A3.
.. Item (r) - Capital Facilities Element Policy A4.
.. Item (s) - Capital Facilities Element Policy A6.
Denial:
..
Item (b) - Transportation Element Policy AI.
Item (d) - Transportation Element Policy A3.
Item (f) - Transportation Element Policy B5.
Item (h) - Transportation Element Policy B 16.
Item (1) - Definitions.
Item (p) - Capital Facilities General Comments
Item (t) - Capital Facilities Policy A 7
Item (u) - Capital Facilities Policy A9
Item (v) - Capital Facilities Element Policy B2.
Item (w) - Utilities and Public Services Objective B I
Item (x) - Utilities and Public Services Element Policy C2.
.
.
.
.
.
Amendment #1. After a brief discussion, Director Collins recommended that the line distinguishing the
eastern portion of Port Angeles from the western portion should be Tumwater,not Valley Street, and then
suggested that Valley Creek be utilized instead. Commissioner Schramm agreed.
Amendment #2. After a brief discussion, the Commission provided clarification language to the use of the
word "areas" to mean comprehensive plan designations, not zoning or uses.
Amendment #3. After a brief discussion, Director Collins corrected the recommendation to include specifc
City street names consistent with the Peninsula Regional Transportation Plan.
Amendment #4. After a brief discussion, including the use of "should",' "shall" and "may" theCommission
concluded that "should" was most appropriate and that inclusion of the words "at its sole discretion" would
help to clarify the city's responsibility, not obligation, for utility provision in the UGA.
. Amendment #5. After a brief discussion, the Commission deleted the words "and leading" in the first line.
.
.
.
Planning Commission Minll1es
May 23. 2001
Page 3
Being no further discussion, Chair Nutter reviewed the dis::ussion held thus far on each of the amendments.
Commissioner Porter asked that Amendment #4 be revisited, adding his concern that the current phrasing
may lead to expectations by developers or property owners, and that the City's liability may increase asa
result.
Commissioner Hewins moved that the Commission forward a recommendation of approval to the City
Council on CPA 01.01, as amended, citing the 17 findings and 12 conclusions, as amended and listed below.
Commissioner Schramm seconded the motion which passed 6-] with Commissioner Porter voting against.
Commissioner Porter stated his disagreement with Amendment #4 which may lead to increased level of
expectations when using the word "shou]d" and would open up the potential for litigation.
Findings and Conclusions regarding CPA 01-01:
Findings
I. Comprehensive Plan Amendment, CPA 01-01, was submitted prior to March 31, 2001.CPA 01-01
includes six sets of amendments to various sections of the Port Angeles Comprehensive Plan. The
proposed amendments are shown in Exhibit 1 to the staff report. Amendments Number 1-5 are
proposed by City staff and have been altered since the original proposal as a result of further staff
analysis and discussion with the Planning Commission. Amendment Number 6 is proposed by the
ad hoc Nonmotorized Committee.
2.
In its deliberation, the Planning Commission reviewed the definitions of "should" and "shall" as
provided in the Comprehensive Plan and recognized that "should" is permissive, giving the City
discretion in its implementation of the adopted policies. The Planning Commission agreed that usill5
"should" instead of "may" in the proposed amendment No.4 to Utility and Public Services Policy
D3 does not imply a duty on the City to extend services, except as the City should choose to do so
at its sole discretion.
3. Amendment Number I proposes minor changes to the Community Profile Chapter of the
Comprehensive Plan in order to correct the current subarea planning names within the City limits in
addition to adding planning areas names for the Port Angeles Urban Growth Area. The changes
include adding three additional planning area names and descriptions to the text, as well as reflecti~
these changes in Figure 3 (map of planning areas).
4. Amendment Number 2 proposes additional clarification to the Commercial Goals and Policies oftk
Land Use Chapter of the Comprehensive Plan. Goal E, Policy 6 states that new canmercial "areas"
should not be designated along these routes. Clarification of whether "areas" implies "uses" or
"zones" should be made in this policy to improve its effectiveness.
5.
Amendment Number 3 proposes a change to Transportation Element Goal B, Policy 8, in order to
implement a recent change to RCW 36.70A, Growth Management Act (House Bill 1487, 1998)
which requires recognition of essential public facilities, including state routes, in local
comprehensive plans, as well as a requirement to review potential impacts onto these facilities by
local land use designations. Within the City of Port Angeles, State Route 101 andl17 are considered
to be essential public facilities, along with connecting spurs to the ferry landings. Additionally, the
proposed amendment would allow for improved connection between the Comprehensive Plan and
other adopted capital facility-related plans by the additional sentence proposed for Goal B, Policy
19.
.
.
.
Planning Commission Minutes
May 23, 2001
Page 4
6.
Amendment Number 4 proposes changes to the Utilities and Public Services Element of the
Comprehensive Plan relating to the provision of public services and utilities outside of the existing
City limits but within the designated Urban Growth Area. The proposed addition to Goal A, Policy
I, references the equitable distribution of public facilities to include the UGA. Additionally, the
proposed amendment to Goal D, Policy 3, would change a long-standing policy of the City of Port
Angeles to not extend City utilities (as compared to services) outside the city limits, and allow for
this to occur depending on feasibility.
7. Amendment Number 5 proposes changes to the Conservation Element that would reiterate the City's
current practice of participation in, and support of, various watershed and salmon recovery efforts
some of which are directly linked to the recent Endangered Species Act listings of several salmonid
species that occur, or may occur, in streams or nearshore areas within the regulatory jurisdiction of
the City, as well a within its area of operations and maintenance.
8. Amendment Number 6 reflects a proposal by the City's Nonmotorized Committee who has requestoo
several changes to the Comprehensive Plan.
9. CP AO 1-0 1 was reviewed for internal consistency with the Comprehensive Plan. The most relevant
policies include the Growth Management Chapter IV, particularly Goal A, Land Use Chapter V-
Goals A-E, Transportation Chapter VI. Goals A and B, Utilities and Public Services Chapter VII-
Goals A and D, and Capital Facilities Chapter X- Goal A.
10.
PAMC 18.04, Comprehensive Plan Implementation and Amendment, sets forth procedures for
annual amendment process which includes deadlines for applications, requirements for public
hearings, deadlines for decisions and criteria for applications and approvals of amendments.
Proposed amendments shall demonstrate: why existing provisions should not continue, consistency
with Growth Management Act goals and specific requirements, compliance with the county-wide
policies, compliance with Capital facilities and related plans, that it is in the public interest and
consistent with the public health, safety and welfare, and that cumulative effects have been.
considered.
II. The Public Works comments included revisions to Amendtrent Number 3 and objections to four of
the proposed changes in Amendment Number 6 relating to Transportation Element Policy B15, and
Capital Facilities Element, General Comments, Policies A 7 and A9, and ObjectiveB I [Items (g), (P),
(t), (u), (w)].
12. The Department of Community Development has the following recommendations for Amendment
Number 6:
Approval as proposed or amended:
~
Item (a) - Transportation Element General Comments; added objectives under Policy A.
Item (c) - Transportation Element Policy A2
Item (e) - Transportation Element Policy A4
Item (g) - Transportation Element Pol icy B 15
Item (i) - Transportation Element Objective B6a
Item U) - Transportation Element Objective B6d.
Item (k) - Transportation Element Objective BIO.
Item(m) - Utilities and Public Services Element Policy C6.
Item (n) - Utilities and Public Services Element Policy D5.
~
~
~
~
~
~
~
~
.
.
.
Planning Commission Minutes
May 23, 200/
Page 5
..
Item (0) - Utilities and Public Services Element Policy D9.
Item (q) - Capital Facilities Element Policy A3.
Item (r) - Capital Facilities Element Policy A4.
Item (s) - Capital Facilities Element Policy A6.
..
..
..
Denial:
.. Item (b) - Transportation Element Policy AI.
Item (d) - Transportation Element Policy A3.
Item (f) - Transportation Element Policy B5.
Item (h) - Transportation Element Policy B 16.
· Item (I) - Definitions.
Item (P) - Capital Facilities General Comments
Item (t) - Capital Facilities Policy A 7
Item (ll) - Capital Facilities Policy A9
ltem (v) - Capital Facilities Element Policy B2.
ltem (w) - Utilities and Public Services Objective Bl
Item (x) - Utilities and Public Services Element Policy C2.
13. The Fire Department had no comments on the proposal.
14. The Clallam County Department of Community Development, Planning Division, has provided comments and
supported the proposed changes relating to extension of utilities in Amendment #4.
]5. A Determination of Non Significance was issued per WAC 197-11-640 on April 24, 2001.
16.
Notice of the public bearing on the proposed amendments to the Comprehensive Plan was published in
accordance with the Port Angeles Municipal Code.
17. No written public comments have been received at the time of the staff report.
Conclusions:
A. Approval of CPAOl-Ol, Amendment #1 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan.
B. Approval of CPAOI-Ol, Amendment #2 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan, specifically the land use and transportation chapters, and increased
effectiveness of these policies.
C. Approval of CPAOI-OI, Amendment #3 as listed in Attachment A, would result local adoption of recent
changes to the Growth Management Act, RCW36.70A which relate to essential transportation facilities.
D. Approval of CPAOI-Ol, Amendment #4 as listed in Attachment A, would result in improved internal
consistency of policies relating to the extension of urban services and utilities to the unincorporated urban
growth areas, and would allow for the provision of urban level of services to existing and proposed urban-
scaled developments in the Urban Growth Area.
E. Approval ofCPAOI-Ol, Amendment #5 as listed in Attachment A, would result in
F.
Approval ofCPAOI-O], Amendrnent#5 as listed in Attachment A, would result in increased effectiveness of
policies relating to nonmotorized transportation.
G. Approval of CPA 01-01 as listed in Attachment A, is consistent with Growth Management Act goals and Port
Angeles Comprehensive Plan.
Planning Commission Minutes
May 23. 200/
Page 6
. H.
I.
1.
K.
L.
Approval of CPA 01-01 as listed in Attachment A, is consistent with the adopted county-wide policies.
Approval of CPA 01-01 as listed in Attachment A, is consistent with Capital facilities and related plans.
Approval of CPA 01-01 as listed in Attachment A, is consistent that it is in the public interest and consistent
with the public health, safety and welfare.
The cumulative effects have been considered in review ofCPA01-01.
CP AO 1-0 1 as listed in Attachment A, is consistent with P AMC 18.04 Comprehensive Plan Implementation and
Amendment.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Director Collins provided a copy of the recent changes to the Zoning Code relating to sawmills and
noted that the applicant who proposed the amendments have since withdrawn their CUP application
due to difficulty in obtaining a lease for their site. He also noted the Yacht Club shoreline appeal has
been withdrawn. Planner Barnes noted that the Dept. of Ecology verbally stated their acceptance of
. the Puget Sound Pilots shoreline permit with a couple of additional conditions.
REPORTS OF COMMISSION MEMBERS
Chair Nutter summarized the invitation from Clallam County for a joint Planning Commission
session to be held June 6,2001. All except Commissioner Schramm plan on attending.
ADJOURNMENT
The meeting adjourned at 11: 1 0 p.m.
~~
Brad Collins, Secretary
PREPARED BY: D. Barnes
.
· ~ORTANGELES
WAS H I N G TON, U.S. A.
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLBASE SIGN IN
Meeting Agenda of: 7jD / d. 3/cX()') /
PLEASE NOTE: IF you plan to testify, by signature below, you certify that the testimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Si~nature below DOES NOT REQUIRE you to testify - it only acknowled!(es your presence.
" A fl'JAMl?: ADDRESS: Agenda Item No.
1J~1j12~ IJJ-I{ r. 7J1 ALu. U7 A~ y10lf' }11()b~/~rU?
rj ,&ckc-H- If;J j ~ I ~ +1- j) A . I, I.
.