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HomeMy WebLinkAboutMinutes 01/13/2010MINUTES • Regular Meeting of the PORT ANGELES PLANNING COMMISSION Special Meeting of the PORT ANGELES CITY COUNCIL Port Angeles, Washington 98362 January 13, 2010 6:00 p.m. Note: A quorum of City Council Members was present at this regular meeting of the Planning Commission causing a special meeting to need to be called. Council Members were present to observe a special presentation to the Commission made by the American Institute of Architects. No actions were taken by the City Council, and Council Members left the room following the presentation. ROLL CALL Planning Commission Chair Doc Reiss called the combined meeting of the Planning Commission and City Council to order at 6:05 p.m. Planning Commission Members Present: John Matthews, Werner Beier, Mike Caudill, Doc Reiss, Tim Boyle, Nancy Powers Member Excused: Carla Sue Council Members Present: Mayor Dan Di Guilio, Cherie Kidd, Brooke Nelson, Pat Downie City Staff Present: Public Present: OTHER MATTERS: Nathan West, Roberta Korcz, Scott Johns, Bill Bloor, Kent Myers, Steve Sperr, Heidi Greenwood, Sue Roberds Deborah Frazier, Tom Callis, Rodney and Tina Lipman, Randy Stone and Patti Toth, Don Schuba, Ed Chadd, Tara Demeris, Cathy Lucero, Amanda Clark, Tom Underwood Follow UD discussion with American Institute of Architect (AIA) Representatives from the Sustainable Development Assessment Team's (SDAT) 2009 visit to Port Angeles Community and Economic Development Director Nathan West opened a presentation regarding the American Institute of Architect (AIA) Sustainable Design Assessment Team's report. The report is all about creating a positive experience for both residents and visitors alike. Mr. West provided a brief background of the SDAT process indicating that the motivation came from the North Peninsula Builder's Association that established a Built Green committee that identified the • SDAT Grant opportunity for the City of Port Angeles. In conjunction with that program, Gentry and Associates agreed to be the local sponsor for the grant application and helped to make it a successful project along with the City's Port Angeles Forward Committee. Mr. West thanked all 6577 6578 Planning Commission Minutes January 13, 2010 Page 2 the volunteers who participated in the three day intensive planning process that took place in March, 2009. He additionally thanked both the Planning Commission and City Council Members for their insight and courage in taking a number of steps to go ahead and implement some of the pieces of the SDAT recommendations to date. He shared examples of the City's efforts to implement items highlighted in the SDAT report and highlighted some of the projects planned for 2010 and future years. The City received a preliminary report from the SDAT Committee on March 18, 2009, and within a month of that time, 30 items from the report were forwarded to the Port Angeles Forward committee for prioritization. Revisions to the City's Comprehensive Plan and Capital Facilities Plan were then made by early summer, 2009, to form the foundation for desired recommendations to be implemented. A facade improvement pilot program was instituted utilizing Community Development Block Grant funds to provide a matching grant for private entities willing to implement facade improvements in commercial zones. A big part of implementation is public involvement. Director West and the City Manager attended a number of committee and group meetings throughout the City and presented the details of the SDAT report and tried to get the community involved wherever possible. Community leaders organized a facade improvement project that resulted in over 40 structures being upgraded, mainly in the Downtown area, including facade painting, and general cleaning. Private sector involvement was amazing led by determined local leaders. A sign inventory has begun in 2010 for the First and Front Street corridors in an effort to document what signage exists and to be used as a baseline for future improvement. Design work has begun for Waterfront Promenade improvements and Municipal Code amendments will be proposed to encourage new development in the Downtown. A revitalization district proposal will be brought to the Planning Commission and City Council in February /March for the Downtown area that utilizes new state legislation whereby the City can take advantage of increased investment and tax assessments in the Downtown to be reinvested in infrastructure in the Downtown. Signage and wayfinding and entryway monument RFPs will be sent out in March, 2010. Two additional rounds of the facade improvement program to award at least 6 additional project funding are expected to be awarded in 2010. We will continue efforts to work in coordination with upgrade of the Black Ball Ferry Terminal in planning for development of the Waterfront Promenade. Mr. West noted that the Planning Division was very aggressive in grant applications looking to find ways to implement many of the AIA suggested items. He used a Power Point presentation to identify prioritized items from the SDAT report that funds have been sought to implement. The SDAT process has worked as a catalyst creating a "together we can" attitude that stimulates investment in the community. Staff is working with numerous partners throughout the community in implementing these desired improvements to the entire Port Angeles community such as the Chamber of Commerce and Clallam County. Visiting AIA representatives will be reviewing all of the achievements thus far, walking around town, visiting with various committees that initially worked with the larger AIA group, and staff will be further be talking with the members hoping for suggested strategies as to how to continue Planning Commission Minutes January 13, 2010 Page 3 • to be successful. He then introduced Wayne Fieden and Erin Simmons, AIA representatives. • Wayne Fieden noted that he is very impressed by the work Port Angeles has done since the AIA SDAT visit last year. It is truly impressive. When the team arrived in March, 2009, Port Angeles felt very tired to the group. Just the facade improvement done largely in the Downtown since the 2009 visit has made such a huge improvement in the initial view of the City. One of the things that made Port Angeles easier to analyze for the SDAT was that Port Angeles has always had a strong vision where it wanted to go and a lot of good plans for development. The City just seemed to need a little nudge. The community really came together and took off with just a little encouragement. He would like to see that momentum continue. A lot of money has not been spent, big, big changes have not been made, but the changes that have been accomplished have made such a large difference. The City has strong bones that can carry a great redevelopment without losing a sense of self. Chair Reiss called a five minute break at 6:25 p.m. City Council members, City Manager Myers, and Attorney Bloor left the meeting at this time and did not return. Chair Reiss reconvened the Planning Commission regular meeting at 6:30 p.m. APPROVAL OF MINUTES Commissioner Beier moved to approve the December 9, 2009, minutes as presented. The motion was seconded by Commissioner Matthews, and passed 6 — 0. PUBLIC HEARING: Chair Reiss noted that those who speak during the public hearing need to sign the attendance roster. STREET VACATION PETITION - STV 09 -05 - LIPMAN /STONE: Vacation of a portion of Vine Street between the Whidbv /Lopez and Lopez/Orcas Avenue Alleys. Planning Manager Sue Roberds reviewed the Staff Report recommending approval of the street vacation with two conditions. Ms. Roberds noted that a petition had been received on January 12, 2010, signed by 6 residents of the area and one visitor objecting to the street vacation, and an additional letter from one of the persons who signed the petition in opposition of the vacation. The letter and petition were included in the Planning Commission's materials presented for the public hearing. Patti Toth, 437 Lopez Avenue spoke in favor of the street vacation indicating that her home has encroached into the remaining (west) portion of Vine Street for more than 40 years. It is not possible to widen the roadway to a City standard given that only approximately 20 feet of right of way exists beyond the residential encroachment and the adjacent property line. The roadway is unimproved, pot holed, and narrow. The east portion of Vine Street was previously vacated and the remaining small corridor results in a safety hazard to those who live and travel along it. Travel along the corridor is unsafe and she provided pictures indicating tire marks from an • incident where an automobile ran into the timbered landscaping rather than the sidewall of her home in the past. 6579 6580 Planning Commission Minutes January 13, 2010 Page 4 In response to Commissioner Boyle, Ms. Toth responded that traffic passes both north and south along the street. The remaining right of way provides a shorter route to Lauridsen Boulevard than traveling west to Peabody Street and the busy intersection. She will block off the currently traveled way if vacated, but her property will retain access to the alley with easy access to Lauridsen Boulevard. Randy Stone, 437 Lopez Avenue agreed that the street should be vacated. People who signed the petition asking that the right of way not be vacated live on Whidby and use the short cut route to Lauridsen Boulevard but can use Peabody Street or Eunice Street. They don't need to use Vine Street north to the Boulevard but can continue to use the south end of Vine Street to Whidby for egress from the area. Cathy Lucero, 509 Whidby Avenue stated that the Peabody Street intersection at Lauridsen Boulevard is very, very congested. Neighbors prefer to use the subject right of way as egress from the area to void the intense congestion. Although she supported vacation of the area of the Stone property development that encroaches into the corridor, she asked that the remaining small portion of right of way remain open so that residents who have always used the route can continue to choose the short route if desired. It is unimproved but it's better than nothing. There is no encroachment abutting the Lipman property. John Underwood, 503 Lopez Avenue is a new resident to the neighborhood and agrees that the right of way is narrow. He supported vacation of the right of way. Tina Lipman, owns 438 Lopez Avenue and supported vacation of the right of way. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Beier moved to recommend that the City Council vacate the right of way per Street Vacation Petition STV 09 -05 with the following conditions, findings, and conclusions in support of that action: Conditions: 1. Property owned by the petitioners and right-of-way acquired through the subject vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of quit claim deeds for the right -of -way. 2. A perpetual easement shall be retained along the east 30 feet of property over the existing utility corridor in favor of the City of Port Angeles. The area shall remain free of structures and access shall not be hindered at any time to the area for service or construction within the utility corridor. Findings: 1. A petition requesting the vacation of Vine Street abutting Lot 1, Block 12 Puget Sound Cooperative Colony, 2nd Addition and Lot 20, Block 17, Puget Sound Cooperative Colony 2nd Addition was submitted on November 9, 2009, by abutting property owners Rodney and Tina Lipman and Randy Stone and Patti Toth. Planning Commission Minuses January 13, 2010 Page 5 • 2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when the vacation of right -of -way is proposed. The subject petition is signed by 100% of the abutting property owners. 3. The subject area is zoned RS -7 Residential Single Family and is developed with single family structures. The RS -7 zone allows the basic single family. 4. The east one -half of Vine Street in the subject area was vacated in 1987 . leaving the remaining (west) portion of Vine Street between the Orcas /Lopez Avenue Alley and the Whidby /Lopez Avenue Alley reduced to one -half its platted 80' width at 40'. The remaining right -of -way contains City utilities (sewer and electric), and is encroached upon by an abutting residence (Stone) at 437 Lopez Avenue. 5. Lopez Avenue extending east from the vacated Vine Street centerline was vacated in 1957 6. The City's Comprehensive Plan and. Land Use Map were reviewed for consistency with the proposed vacation of right -of -way. Land Use Element, Map Goals, Policies, and Objective Element. Goal A is relevant to the proposal. 7. The Port Angeles City Council's Real. Estate Committee met on December 7, 2009, and . concluded support for the vacation of right of way based on encroachment (Stone property) issues and given the unimproved state of the roadway, and agreed that retention of the small portion adjacent to the Lipman property is of no value to the City as long as a utility easement is retained. 8. The vacating of a street is categorically exempt from a State Environmental. Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 9. The site was posted regarding the proposed land use action on January 4, 2010. . No written public comment was received prior to the public hearing that was scheduled for January 13, 2010. 10. Pertinent issues analyzed in the review process are as follow: • Traffic Patterns: Established traffic patterns in the area will change. Based on testimony, the unimproved corridor is regularly used. however, traffic, high speed, the deplorable condition of the road surface, and the narrowness of the remaining corridor caused both by the historic encroachment of residential property and use and previous vacations, generated a request for further closure of the corridor. Circulation to areas north of the site can be gained via Peabody Street and Eunice Streets, west and east, respectively, from the site. Use of the Whidby/Lopez Avenue Alley straight through to Peabody Street without using Whidby Avenue may also occur but is not recommended. The Peabody /Lauridsen Boulevard and Eunice /Lauridsen Boulevard intersections will experience additional congestion during peak periods but are designed as major use intersections for areas south of Lauridsen. Boulevard. • Development Patterns: Residential lots in the area are primarily served by Lopez and Whidby Avenues. Eight homes served by the Whidby /Lopez Avenue Alley will continue to access Vine Street (immediately north of Whidby Avenue) from the remaining spur of right -of -way to Whidby Avenue. Access to neighborhood parking at the extreme • east end of Lopez Avenue will remain available from Lopez Avenue. The established 6581 65F2 Planning Commission Minutes January 13, 2010 Page 6 parking area is not required parking for the residential development it abuts, but provides street parking as in any other neighborhood in lieu of full street development. • Environmentally Sensitive Areas: No environmentally sensitive areas exist in the vicinity of the proposed street vacation. • Public Health, Safety and Welfare: The approximately 300 lineal feet of right -of- way is undeveloped. The City has no immediate plans to develop the remaining 40' width . of right-of-way. Multiple prior street vacations have jeopardized the ability to create a viable through street in this location. The City's minimum street standard requires 60' of right -of -way. The encroachment of structures into the remaining 40'of right - of-way inhibits the ability to develop even substandard street improvements. [NW I ] Vine Street south of Whidby Avenue has been completely vacated due to historic encroachment issues. The requested vacation will address the remaining residential encroachment into the Vine Street corridor north of Whidby Avenue leaving a short portion of Vine Street (Lipman) remaining at the intersection with Whidby Avenue for needed access to residents who are served from the Whidby /Lopez Avenue Alley. While the Lipman ownership does not experience encroachment, vacation of the remaining short stretch (approximately 140') of remaining narrow, unimproved right - of-way will result in elimination of potential neighborhood disruption that may be caused by retention of the remnant unimproved right-of-way. The right -of -way corridor serves no real public purpose other than as a utility corridor. Vacation of the right- of-way may result in slight disruption to residents of Whidby Avenue closest to the corridor who choose to use the unimproved corridor due to its close proximity to their residence rather than Peabody Street. However, the action will resolve long standing neighborhood traffic issues along the narrow, unimproved corridor as well as the encroachment concern.. 11. Consolidation of the right-of-way following vacation can be accomplished by the filing of Zoning Lot Covenants which would combine vacated property with abutting lots owned by the applicants such that no remnant lots will be created by vacation. 12. At its December 15, 2009, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as February 2 7, 2010. 13. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on January 13, 2010, and forwarded a recommendation to the City Council for consideration. Conclusions: A. The right- of-way currently provides a short -cut route for traffic in the area but is not needed as primary access to any property. The remaining corridor serves no purpose in fulfilling either the current or long range transportation planning needs of the City. B. The 40' right of way corridor is insufficient to accommodate street development. Additionally, the long standing residential encroachment into the remaining right - of-way inhibits the ability to develop even substandard street improvements without significant disruption to long standing neighborhood development. • • Planning Commission Minutes January 13, 20/0 Page 7 Vacation will result in the elimination of residential encroachment and closure of a narrow, undeveloped, remnant right -of -way corridor that has been a cause of concern to the immediate neighborhood due to traffic issues. C. Access to established residences will not change from existing primary access points. D. As conditioned, consolidation of the petitioners' property ownerships with the vacated right -of -way is in accordance with expected land management and development policies, and is consistent with development standards of the RS -7 Section 17.10 (RS -7 Zone) of the Port Angeles Municipal Code. Property consolidation will appropriately combine the vacated right -of -way with adjacent property thus avoiding the creation of remnant, nonconforming lots. E. As conditioned, the existing utility infrastructure will remain accessible at all times for maintenance and construction needs thus ensuring the public interest and welfare. F. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. The motion was seconded by Commissioner Powers, and passed 6 — 0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Director West noted that the City Council acted favorably on the Municipal Code Amendments that were recommended by the Commission and staff with the exception of those amendments relative to side yard setbacks. That work will be revisited for clarification of wording. In response to Commissioner Matthews, Mr. West indicated that staff will be bringing recommendations to the Commission in review of building height amendments later in the year. Associate Planner Scott Johns noted that Commission Elections will be on the April agenda and encouraged Commissioners to be thinking of that event. Staff encouraged Commissioners to keep abreast of the development plans being worked on by the Port Angeles Harbor Works committee. The information can be found on the Internet at harborworks.ore. REPORTS OF COMMISSION MEMBERS None 6583 6584 Planning Connnission Minutes January 13, 2010 Page 8 ADJOURNMENT The meeting adjourned at 7:15 p.m. SIGNING FOR THE PLANNING COMMISSION: Sue Roberds, Secretary SIGNIN OR THE CITY COUNCIL:: an Di Guilio, Mayor J. -essa Hurd, City Clerk PREPARED BY: S. Roberds Doc Reiss, Chair • 0