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HomeMy WebLinkAbout3401ORDINANCE NO. 3 4 n 1 AN ORDINANCE of the City of Port Angeles, Washington adopting amendments to the Comprehensive Plan. WHEREAS, the City of Port Angeles adopted a Comprehensive Plan on June 28, 1994; . and WHEREAS, each year the City's Comprehensive Plan is reviewed so that new information and changing circumstances that may require amendment of the Comprehensive Plan can be considered; and WHEREAS, the Planning Commission held a public hearing concerning the same on May 26, 2010; and WHEREAS, the Planning Commission has recommended updates and revisions to the Comprehensive Plan so that they more accurately reflect current conditions and expected development; and WHEREAS, the City provided ample public comment opportunities in consideration of the proposed amendments; and WHEREAS, the City has received and responded to detailed comments; and WI- IEREAS, all elements of the Comprehensive Plan have been reviewed with the goal of enhancing and assuring the City's compliance with its legal obligations; and WHEREAS, the Planning Commission has transmitted a copy of its recommendations to the City Council; and the City Council has considered the Commission's recommendations, . has held a public hearing, and has incorporated its own revisions; and. WHEREAS, as a result of the hearing, the comments, the responses, and its own review of the Plan, the Council finds that it is in the best interest of the City that the amendments be • adopted; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The F indings and. Conclusions attached hereto as Exhibit "A" are hereby adopted. Section 2. The Comprehensive Plan amendments for the City of Port Angeles attached to this Ordinance as Exhibit "B" is incorporated herein by this reference, are hereby adopted. Section 3. A copy of the amended Comprehensive Plan shall be kept on file with the City Clerk and shall be available for public inspection. Section 4. This ordinance, being an exercise ofa power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Por, ngeles at a regular meeting of said Council held on the 1 5th day of June, 2010. . ATTEST: sa:Flurd, City Clerk PUBLISHED: June 22 2010 . By Summary Mayor APP VED AS TO FO William. E. Bloor, City Attorney C:Ipocumems and SeningsSeroberds \Leal SettingslTe t plXPbrpwiseil2 - Camp Plun Amendment.052I I o.wpd EXHIBIT "A" FINDINGS, AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT — CPA 10 -01 — U.S. DEPARTMENT OF INTERIOR/NATIONAL PARK • SERVICE 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 1.8.04 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 31S` 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 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 safely, 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. • • • Findings and Conclusions CPA 10 -01 — U.S. Dept of Interior /National Park Service June 15, 2010 Paget 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 ofNonsignificance 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. • • • Findings and Conclusions CPA 10 -01 — U.S. Dept of Interior /National Park Service June 15, 2010 Page3 Ado. -d by the Fort. Angeles City Council at its meeting of June 15, 2010. Dan. Di Guilio, Mayor 1 -iurd, City Clerk. • • EXHIBIT "B" COMPREHENSIVE PLAN AMENDMENTS CPA 10 -01. Two policy and one objective amendments are as follow: Utilities and Public Services Element, Goal. D, Policy 2 to read: The City should provide urban services only in areas that are logical . extensions of areas, which are currently served by such services or needed to implement a specific goal or policy of the Comprehensive Plan. Utilities and. Public. Services Element, Goal D, Policy 12 to read: The City, at its sole discretion, should provide sanitary sewer service to urban development, 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, and to the area of the Lower Elwha Valley where the Clallam County Board of Health determines that the rise in the water table from dam removal will cause on -site septic systems to contaminate the aquifer and create an unacceptable risk of human disease, while prohibiting service to other areas of rural development. No provision of sanitary sewer service to a rural area shall permit urban development in that or another rural area. Utilities and Public Services Element, Goal 0, Objective 5 to read: In conjunction with the National Park Service's Elwha Dam Removal Project the City will support the extension of sanitary sewer service to the Lower Elwha Klallam Tribal Reservation and to the area of the Lower Elwha Valley outside the Reservation . where the Clallam. County Board of Health determines that the rise in the water table from dam removal will cause on -site septic systems to contaminate the shallow aquifer and create an unacceptable risk of human disease, and the City also may support extension of sanitary sewer service to selected areas of intensive rural development, to protect basic public health and safety, and the environment.