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HomeMy WebLinkAboutMinutes 05/26/2010ROLL CALL Members Present: John Matthews, Tim Boyle, Nancy Powers, Carla Sue, Mike Caudill Members Absent: Doc Reiss, Sissi Bruch Staff Present: Nathan West, Sue Roberds, Heidi Greenwood Public Present: Brian Winters APPROVAL OF MINUTES Commissioner Caudill moved to approve the May 12, 2010, regular meeting minutes as presented. The motion was seconded by Commissioner Boyle and passed 5 0. PUBLIC HEARING: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 26, 2010 6:00 p.m. COMPREHENSIVE PLAN AMENDMENT CPA 10 -01— U.S. DEPARTMENT OF INTERIOR/NATIONAL PARK SERVICE: A proposal to allow the extension of sewer facilities outside of the City limits and outside of the City's Urban Growth Area to properties at risk due to a potential of failure of septic systems as a result of the Elwha Dam removal. Planning Manager Sue Roberds summarized the Department Report recommending approval of the proposed Comprehensive Plan Amendments. Community Economic Development Director Nathan West confirmed that while the current wording allows for the extension of utilities outside of the City limits, and outside of urban growth areas when deemed necessary and appropriate, indiscriminate urban development outside of the Urban Growth Areas (UGA) will not be facilitated by the City Utility extension outside of the UGAs would have to be well supported by a definitive need to be considered. The current proposal is for specific properties and is supported by a declaration of need from the Department of Health. Chair Matthews noted that the full Department Report had been reviewed by all Commissioners present and is part of the record. He then opened the public hearing. The Commission began general discussion of the need for the amendments. (Brian Winters from the National Park Service arrived at 6 15 p.nr.) There being no testimony from the public, Chair Matthews closed the public hearing. Following brief discussion, Commissioner Powers moved to recommend approval of the Comprehensive Plan Amendment CPA 10 -01 citing the following findings and conclusions in support of the action: Planning Commzssion Mmules May 26, 2010 Page 2 Findings Based on the information provided in the Community and Economic Development Staff Report for CPA 10 -01 dated May 26, 2010, 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 conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1 Review of the City's Comprehensive Plan is done on an annual basis. Amendment opportunity is provided and outlined in Chapter 18.04 of the Port Angeles Municipal Code (PAMC). Per Section 18.04 040 PAMC, proposed amendments to the Comprehensive Plan shall be considered on an annual basis, and shall be adopted no more than once a year except when an emergency exists. 2. The National Park Service submitted amendment proposals relative to anticipated utility service delivery issues related to the removal of the Elwha dams on April 29, 2010. The proposed amendments are to the Utilities and Public Services Element of the City's Comprehensive Plan. 3 The March 31 filing date for Comprehensive Plan amendments was extended by the Department of Community and Economic Development from March 31, 2010, to April 30, 2010, by public notice provided on April 15, 2010. The extension was requested due to the public health issue involved in the amendment process and is considered as an emergency 4 The Clallam County Department of Health determined that the water table will rise with the removal of the Elwha dams such that an imminent health threat to septic systems will exist in the subject area. The proposed amendments are intended to support extension of the City's sanitary sewer service to specific properties that are expected to be impacted by removal of the Elwha Dam. 5. The City amended the Utilities and Public Services Element, Goal D, Policy 12 of the Comprehensive Plan in 2008 to read "The City, at its sole discretion, should provide sanitary sewer service to urban development, and outlying areas within the City limits and in the urban growth areas, and to selected areas of intensive rural development to protect basic public health and safety, and the environment, while prohibiting service to other areas of rural development" and added a new Policy 5 to read "The City will support the extension of sanitary sewer service to the Lower Elwha Klallam Tribal (LEKT) Reservation, and may support extension of sanitary sewer service to selected areas of intensive rural development, to protect basic public health and safety, and the environment" in anticipation of the impacts of a rising water table relative to removal of the Elwha Dam. Further review indicated that areas outside of the LEKT reservation may be impacted such that a public health hazard will exist. That review prompted the 2010 proposed wording amendment. 6. The proposed amendments to the Comprehensive Plan language are area wide. 7 City Departmental issues were considered in the review of this application. Reviewing Departments did not provide objection to the proposal. Plammng Commission Minutes May 26, 2010 Page 3 8. Notification of the Comprehensive Plan amendment permit application was placed in the Peninsula Daily News on May 4, 2010, with comment extending to the public hearing date. 9 Per Section 18.04 040 PAMC, the proposed Comprehensive Plan amendments were forwarded to Washington State Department of Commerce (DOC) for its required 60 day review Notice was received from DOC that the materials were received for review on May 6, 2010 The City may not take final action on the Comprehensive Plan Amendment proposal until after the required review period. 10. The City of Port Angeles adopted its present Comprehensive Plan on June 28, 1994, by Ordinance 2818, and has annually amended it since. Section 18.04.040 of the Port Angeles Municipal Code requires that such amendments be finaled by June 30th of a reviewing year 11 The entire Comprehensive Plan was reviewed and analyzed to determine the need for revisions. The Capital Facilities Plan projects were taken into consideration in this review Required extensions will be worked into the Plan. 12. A Determination of Nonsignificance was issued for this proposal on May 26, 2010 13 The Planning Commission conducted a public hearing on the proposal at the May 26, 2010, regular meeting and forwarded a favorable recommendation to the City Council on the matter Conclusions: Based on the information provided in the Department of Community and Economic Development Staff Report for CPA 10 -01 dated May 26, 2010, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1 The proposed amendments to the Comprehensive Plan are in compliance with the State's requirements for updating the Comprehensive Plan under the Growth Management Act and with Section 18.04.040 of the Port Angeles Municipal Code. 2. The Comprehensive Plan amendment is not in conflict with the City's Capital Facilities Plan and will not reduce the level of service required by the Comprehensive Plan for those urban services necessary to serve development projects and was anticipated in earlier amendments to the Utilities and Public Services Element. The amendment is considered to bolster those earlier amendments relative to the extension of sewer service outside of the City's western Urban Growth Area. 3 The 2010 Comprehensive Plan update maintains internal consistency within the Port Angeles Comprehensive Plan. The Comprehensive Plan was thoroughly reviewed and updated between 2002 and 2004 The next major update required by the State of Washington Growth Management Act is scheduled for 2011 The 2010 amendments will be included as a portion of the scheduled 2011 updates. Commissioner Caudill seconded the motion that passed 5 0. Planning Commission Manes May 26, 2010 Page 4 COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West indicated that the selected consultants for the City's Shoreline Master Program update process will conduct a public hearing at the Commission's regular June 9 meeting. It will be an important meeting in that it will begin the formal review process resulting in amendment to the Master Program. REPORTS OF COMMISSION MEMBERS Commission Boyle noted that he provided minutes of the Port Angeles Forward Committee to Commission members by e -mail following the April 17 meeting. ADJOURNMENT The meeting adjourned at 6.30 p.m. Sue Roberds/ ecretary Chair Matthews, Chair PREPARED BY S. Roberds