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HomeMy WebLinkAboutMinutes 02/08/2012ROLL CALL Members Present: Doc Reiss, Nancy Powers, Amanda Anderson, David Miller, Tim Boyle Members Excused: John Matthews, One Vacancy Staff Present: Sue Roberds, Nathan West, Heidi Greenwood Public Present: Terry Peterson, Duane Morris PLEDGE OF ALLEGIANCE Chair Reiss opened the regular meeting at 6:20 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Miller moved to approve the January 25, 2012, regular meeting minutes as presented. The motion was seconded by Commissioner Boyle and passed 5 -0. CONTINUED PUBLIC HEARING: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 8, 2012 6:00 p.m. STREET VACATION PETITION STV 11 -04 BIRDWELL, Portion of the Georgiana/Front Street alley- 1527 East Front Street: (This item is continued from January 25, 2012.) Chair Reiss opened the continued public hearing. Terry Peterson, 1951 Finn Hall Road, Port Angeles represented petitioners Birdwell and indicated that his clients would prefer to obtain all of the Georgiana Street right -of -way abutting their property including the northeast triangle noted on the exhibit map that identified as being in an environmentally sensitive area. He believed that the survey exhibit included in the January 25 staff report adequately represents his client's proposal with minor alteration of the property boundaries to avoid meandering boundary lines and the inclusion of all of the Georgiana Street abutting right -of -way. Mr. Peterson desired to end up with property boundaries that result in a simple legal description. He walked the property with Mr. Cronauer following the January 25, 2012 meeting to verify property boundaries and determine Mr. Cronaucr's concerns. Mr. Cronauer was mistaken as to where his property actually is and became aware that his ownership is actually north of where he believed it to be, north of the petitioners' ownership. City staff sent an inquiry to Mr. Cronauer following that meeting to determine his position on the natter, there has not been a response from Mr. Cronauer. Planning Commission Minutes February 3, 2012 Page 2 Director Nathan West verified that process in this matter is to first review the request with the City's Real Estate Committee. The Real Estate Committee reviewed this matter in July, 2011, and asked that the applicant provide a survey identifying the environmentally sensitive areas that could be exchanged for unused rights -of -way. The initial discussion was that while the City would not relinquish ownership of environmentally sensitive area rights-of-way, an exchange of environmentally sensitive areas for unused rights -of -way in lieu of compensation might be considered. The Real Estate Committee reviewed the survey provided by the petitioner on February 6 and agreed that it would be of benefit to the public to obtain the environmentally sensitive areas identified on the survey with the caveat that no environmentally areas would be vacated by the City. Mr. Peterson said that after everything is said and done he hopes to have a legally verifiable property description. There being no further testimony, Chair Reiss closed the public hearing. Commissioner Miller moved to recommend approval of Street Vacation Petition STV 11 -04 Birdwell citing the following 1 condition, 14 findings, and 4 conclusions: Condition: 1. Property owned by the petitioners and right -of -way acquired through the subjectvacation shall be combined into one building site through the filing of a Zoning Lot Covenant concurrent with the vacation action. Findings: 1. A petition requesting vacation of that portion of the Front Street/Georgiana Street alley right -of -way located in block 16 of the Puget Sound Cooperative Colony's Subdivision located between the White Creek ravine and Suburban Lot 27, Port Angeles Townsite and the Georgiana Street right -of -way, located between Blocks 7 and 16, Puget Sound Cooperative Colony's Subdivision, was submitted to the City of Port Angeles on September 26, 2011. The subject petition is signed by 100% of the abutting property owners. 2. The procedure for consideration of the vacation of rights -of -way is set forth in 35.79 RCW that requires the signatures of two thirds of abutting property owners to validate a petition for vacation of right -of -way. State law provides for vacation only to abutting property owners. Abutting property is owned by petitioners Mr. and Mrs. Ray Birdwell. 3. The rights -of -way were originally platted in the late1890's to provide access to lots within the Puget Sound Cooperative Colony's subdivision. The subject alley right -of- way is 20 feet in width extending between Sub Lot 27 and the White Creek ravine buffer a distance of approximately 195 feet for a total area of approximately 3,924 square feet. The Georgiana Street right -of -way is 70 feet in width extending between the eastern end of the platted Georgiana Street right -of -way abutting Suburban Lot 27 and the White Creek ravine buffer approximately 225 feet for a total area of approximately 15,749 square feet. Planing Co,nnus3,on A [rule r February 8, 2012 Page 3 4. Both right -of -way corridors are adjacent to property that is owned by the Birdwells. Primary access to the property is from Front Street as the right -of -way terminates at the east end of the block. 5. The adjacent properties are zoned RS -7 Residential Single Family and CA Commercial Arterial. 6. The petitioners have used the subject rights -of -way in association with a commercial automobile dealership for approximately 30 years. The Georgiana Street right -of -way cannot reasonably be accessed without crossing private property as it is landlocked between private ownerships and the White's Creek Ravine. 7. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way. The Conservation Element of the Comprehensive Plan provides specific goals that state that the City should further the public interest by protecting and enhancing the area's unique physical features and the overall environment, while recognizing the rights of private ownership and should maintain and preserve unique physical features and natural amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines, and fish and wildlife habitats when possible. Land Use Elements Land Use Map, Goals, Policies and Objectives section Goal A is also relevant to the proposal. Pertinent sections of the Comprehensive Plan are included as Attachment B to the January 25, 2012 staff report. 6. The Port Angeles City Council's Real Estate Committee met on July 11, 2011, and concluded with support for the vacation of right of way based on the unlikely need for the public to use the right -of -way and previous use of the rights -of -way by the abutting property owner. It was determined that a trade of right -of -way for property owned by the petitioners that exists in the White's Creek environmentally sensitive areas adjacent to the petitioner's ownership would be beneficial to the public. The exchange of land involves a total of 56,870.9 square feet of right -of -way from the petitioners to the City with 19,673 square feet of right -of -way going to the petitioner. The petitioner submitted a survey from Johnston Land Surveying that identifies the environmentally sensitive areas and buffers that could be exchanged for right -of -way. 7. 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. 8. City departments including Fire, Public Works and Utilities, Building, and Community Economic Development, do not oppose the proposed vacation. The Department of Community and Economic Development staff favor the exchange of property in order to protect area along the White Creek ravine that is environmentally sensitive. 11. A public notice appeared in the Peninsula Daily News on January 10, 2012 noticing for a public hearing before the Planning Commission for January 25, 2012. The site was posted regarding the proposed land use action on January 13, 2012. No written public comment was received with regard to posting for impending land use action. 12. Pertinent issues analyzed in review of the petition are as follow: Traffic Patterns Established traffic patterns in the area will not change. Primary access to properties in the area will continue to be from Front Street. Planning Commission Mhmdes Febrile?). 8, 2012 Page 4 Development Patterns No changes in the established development patterns in the area will not be altered by the vacation of the rights -of -way. Environmentally Sensitive Areas (ESA): Both White Creek and Ennis Creek ravines abut the subject property. Stream ravines are protected by a 25 -foot buffer measured from the top of the ravine. Portions of the property owned by the petitioner and included in the environmentally sensitive areas /buffers are being exchanged with the sections of right -of- way outside of the environmentally sensitive areas. Public Health, Safety and Welfare: Properties in the area are served by other adjacent neighborhood streets. Established emergency access to properties in the area will not be affected by the vacation action. 13. Consolidation of the right -of -way with the abutting property following vacation can be accomplished by the filing of Zoning Lot Covenants such that no remnant or new lots will be created by the vacation action. 14. At its December 7, 2011, regular meeting, by Resolution 22-11, the Port Angeles City Council established a public hearing date of February 7, 2012, for action on the street vacation petition. Conclusions: A. As conditioned, the vacation will allow the petitioners to consolidate their property ownership to include the rights -of -way that has been used for many years by the petitioners, and will place that right -of -way that is not needed for public use back on the tax role which is in the public interest. B. As conditioned, required site consolidation will ensure that no remnant or nonconforming lots are created. C. Vacation of the right -of -way will not alter or inhibit the ability to provide adequate emergency response to the area nor will vacation change established traffic patterns so will not pose a public safety issue. The rights -of -way are landlocked with access only through the petitioner's property, and serve no public purpose. D. The vacation action and exchange of property furthers the goals of the City's Comprehensive Plan, particularly the goals of the Conservation Element by placing ownership of the environmentally sensitive areas owned by the petition with the City to protect and enhance the area's unique physical features while recognizing the rights of private ownership and allows the preservation of the unique physical features of the adjacent creek and ravine area. The exchange of the rights -of -way for the environmentally sensitive areas owned by the petitioner is in the public interest because such exchange will result in public ownership of property within the White's Creek Ravine, which is an environmentally sensitive area. Such ownership will enable protection of the functions and values of the environmentally sensitive area. Commissioner Anderson seconded the motion, which passed 5 0. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes February 8, 2012 Page 5 STAFF REPORTS City Attorney Heidi Greenwood presented a primer on Planning Commission responsibilities and associated actions for the Commission and responded to brief questions regarding procedure. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6:45 PM. PREPARED BY: S. Roberds Sue Roberds, S etary Doc Reiss, Chair