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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. .