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HomeMy WebLinkAboutMinutes 08/10/1994 . . ~ AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 August 10, 1994 7:00 p.m. I. CALL TO ORDER ll. ROLL CALL ill. APPROVAL OF MINUTES: Minutes of July 27, 1994. IV. PUBLIC HEARINGS: 1. ZONING CODE AMENDMENT - ZCA 94(07)04 - CITY OF PORT ANGELES. Various Zoning Code Amendments: Proposal to amend the City's zoning regulations to allow microbreweries as a conditional use in the CBD and ACD Districts and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to create provisions which specify the authority for use of zoning lot covenants. (This item is continued from July 13, 1994.) 2. REVIEW OF INTERIM PARKING BUSINESS IMPROVE:MENT AREA (PHIAl REGULATIONS: One year scheduled review of the Downtown parking regulations. 3. REVIEW OF CONDITIONAL USE PERMIT - CUP 91(06)10 - PENINSULA COUNSELING. 203 West Twelfth Street: One-year review of a conditional use permit which allows a group home in an RS-7, Residential Single-Family District. 4. PRELIMINARY SUBDIVISION - STRAIT RIDGE -. Tenth Street and Milwaukee Drive: Proposal to subdivide approximately 4.3 acres into 17 residential sites in an RS-9, Residential Single-Family District. Members: Orville Campbell, Viee Chair, Bob Winters, Cindy Souders, Bob PhilpOll, Linda Nutler and Tim Gennan. Planning Staff: Brad Collins, Director; John Jimerson, Associate Planner; Sue Roberds, Office Specialist, David Sawyer, Sr. Planner. . . . 5. PETITION FOR VACATION OF CITY RIGHT-OF-WAY - HALL. Portion of Columbia/Water Street alley: Petition requesting vacation of that portion of the Columbia/Water Street alley abutting Lots 8, 9, 10 and 11, Block 2, Puget Sound Cooperative Colony's Addition to the Townsite of Port Angeles. V. COMMUNICA TIONS FROM THE PUBLIC: VI. STAFF REPORTS: Vll. REPORTS OF COMMISSION :MEMBERS: Vill. ADJOURNMENT All corresponderu:e pertaining to a hearing item received by the Planning Depanment at least one day prior to the scheduled hearing will be provided to Commission members before the hearing. PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to speak: to the request. Information submitted should be factual, relevant and not merely duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes eacb) or make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be directed to the Board, not the City Staff representatives present, unless directed to do so by the Chairman. C:\wp\forms\agendas\AugIO.pc . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 10, 1994 7:00 p.m. CALL TO ORDER Chair Campbell called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Present: Bob Philpott, Orville Campbell, Linda Nutter, and Tim German. Commissioners Excused: Cindy Souders and Bob Winters Staff Present: Brad Collins, John Jimerson, Sue Roberds, Tim Smith, Ed Bonollo, and Ken Ridout Public Present: Wayne Shields, Louie Torres, Jay Petersen, Chuck Handley, Ron Bradshaw, John Ralston, Nancy and Christine German, Dave Milligan, Barry Berezowsky, Rick Anderson, Jane Emmeneger, Don Zanon, Mary Robuck, Bill Oliver, Joe Robuck, Nancy McHenry, Heidi Henson, Lisa Steeber, Carl Alexander, Tom and Buni Bogan, Lois Blake . APPRO V AL OF MINUTES There were no minutes presented for approval. PUBLIC HEARINGS: ZONING CODE AMENDMENT - ZCA 94(07)04 - CITY OF PORT ANGELES. Various Zoning Code Amendments: Proposal to amend the City's zoning regulations to allow microbreweries as a conditional use in the CBD and ACD Districts and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to create provisions which specify the authority for use of zoning lot covenants. (This item is continued from July 13, 1994.) . John Jimerson initiated discussion by explaining that a portion of the proposal to amend the Port Angeles Municipal Code and zoning ordinance regulations was continued to this meeting from the July 13, 1994, meeting and remains for action. Mr. Jimerson noted that since the July meeting, planning staff has provided additional language regarding zoning lot applicability in the memorandum dated August 10, 1994, as requested by the Commission. He detailed the use of zoning lot covenants and the current proposal to further define the usage for the benefit of those present. In response to Commissioner PLANNING COMMISSION MINUTES August 10, 1994 PAGE 2 . German, Mr. Jimerson then reviewed that portion of the July 13, 1994, Department memorandum which dealt with zoning lot covenants. Planning Director Collins further explained the background and rationale for zoning lot covenant usage, providing comparison between the procedure and short plat procedure. The change that is proposed goes beyond the original intent. The procedure would provide an alternate means to replatting in certain specific instances. Mr. Collins responded to questions from Commissioners Campbell and Philpott with regard to the use of the zoning lot covenant to subvert the City's platting requirements. There being no further questions, the continued public hearing was opened by Chair Campbell. Louis Torres, 1620 West Thirteenth Streett spoke in favor of the proposed amendment. . Rick Anderson, 618 South Peabody Street, spoke against the proposal. He described a situation in which he had used zoning lot covenants to combine lots in a previously platted twelve lot area, with no infrastructure improvements, into five homesites. The application of zoning lot covenants in this area allowed for the development without the normally required improvements, i.e., paved streets, curbs and gutters. The area had been previously platted as twenty-five foot wide lots, which are now substandard, but which could have been developed without infrastructure. In this instance, the use of zoning lot covenants allowed the lots to be combined into fifty-foot wide lots without improvements, although non-protest L.I.D. agreements were required. John Ralstont P.O. Box 1405t Port Angeles, W A, spoke against the proposed amendment, encouraging that the use of zoning lot covenants remain as is presently provided for. There being no further public comment, Chair Campbell closed the public hearing. Commissioner German stated that it has been a focus of the City to find methods to provide affordable housing for the community and to expand the infrastructure in the City. The more the cost can be spread out, the less expensive it is for everyone. Use of the zoning lot covenant can be used to develop housing on substandard lots if those lots were previously platted. The Planning Department's proposal would not allow a situation such as that described by Mr. Anderson to occur. Replatting would occur more often. The use of zoning lot covenants and non-protest L.I.D. agreements could be required conjunctively to assure that improvements would be provided in the future if and when desired by the property owners. This allows the spreading of improvement costs to the individual property owners. . Mr. German expanded on the potential occurrence that an owner of two adjacent pre- existing substandard lots would not be able to join those properties to create a single larger building site if the proposed amendment were approved. In response to Chair Campbell, Commissioner German indicated that he wasn't sure how many substandard lot situations as he had just described exist in the City. PLANNING COMMISSION MINUTES August 10, 1994 PAGE 3 . Commissioner Nutter did not agree that the proposal by staff would affect the City's housing stock. The proposal provides for infrastructure where there is a lack at the present time. She opined that the Commission should be concerned with the majority not the minority of situations. There is not much information concerning the number of substandard lots the proposal would negatively affect. The community regulations should reflect the community's needs in general, and not dwell too heavily on particular pecularities. It is not too much to ask to require developers to provide improvements. She expressed concurrence with the staffs proposal. Commissioner German stressed that the City's local improvement district (L.I.D.) provisions provide for improvements to be placed at a future date and paid for by individual property owners in an area in question. The proposal would take away a property owner's right to construct a home on a gravel roadway if that is his wish. Planning Director Collins responded to Commissioner Philpott that he did not know exactly the cost of minimal roadway improvements. He agreed that the merging of substandard lots into buildable areas is desirable. The questions are how best to accomplish land mergers, when should improvements be made, and by whom. The intent of the proposed amendment is to correct those situations which are not the fault of a property owner, and secondarily, should there be a method to merge lots without circumventing platting requirements of the state and the City. . Chair Campbell stated that he would prefer a possible amendment to the City's platting regulations rather than provide for circumvention of those platting provisions for minimum infrastructure standards. There must be a better way to provide for affordable housing than to provide regulations which would allow circumvention platting. Mr. Jimerson added that the Housing Element of the newly adopted Comprehensive Plan discusses the provision of affordable housing and encourages methods to provide affordable housing; however, there are no policies which suggest a reduction of minimum street standards. Mr. German indicated that there aren't many new subdivisions approved in the City that have been finalized. Housing development failure can be caused by expensive requirements, such as those providing street improvements. The provision to allow the combination of lots into new building areas can allow for the creation of more affordable housing. . Discussion continued on the issue of allowing the creation of new building areas without the provision of minimum infrastructure standards. Commissioner German moved to recommend approval of the proposed amendment to provide that zoning lot covenants be allowed so that a property owner may designate as a zoning lot two or more adjacent lots that have one legal single-family structure encroaching onto aU of the said lots, or if there are no encroachments of the property building lines, the zoning lot covenant may be used. The motion died for lack of a second. In response to Commissioner Philpott, Mr. Collins further elaborated on the proceedure of combining lots by various means, i.e., zoning lot covenants and boundary line adjustments. Platting regulations provide that the resultant lots shall meet minimum PLANNING COMMISSION MINUTES August 10, 1994 PAGE 4 . requirements for the zoning district in which it exists. The staff's proposed wording requiring that the resultant lots meet minimum land use regulations is in compliance with State statutes for subdivisions. The intent of the staff's proposed wording is an attempt to clarify the ambiguities in the existing language. Following some further discussion, Commissioner Philpott moved to recommend approval of the amendment as proposed by staff which would read "Zoning lot covenants shall be used to allow a property owner to designate as a zoning lot two or more adjacent lots that have one legal single-family structure encroaching onto all of the said lots~ or if there are no encroachments of the property building lines, zoning lot covenants may be used only if the resulting zoning lot complies with the minimum lot area and dimensional requirements of the zone in which it is located. " citing the following findings and conclusions: Findines: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identifies as being most relevant to the amendments: Land Use Element Goal B; Transportation Element Policies B.ll & B.18; Utilities and Public Services Element Policy No. D.l; and Capital Facilities Element Goal B and Policy A.9. . 2. Zoning lot covenants were created to allow an owner of an existing house which is located on two or more lots an opportunity to remodel and/or add onto the house without violating building and zoning codes. 3. The lack of specified authority for zoning lot covenants has resulted in expanded use. 4. A Detennination of Non-Significance was issued for the proposal on June 24, 1994. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No.1. c. The expanded use of zoning lot covenants has resulted in the subversion of the City's subdivision regulations and without required supporting infrastructure improvements. . Commissioner Nutter seconded the motion, and speaking to the motion, added that she is not sure this solves the problem, but it at least is a step in the right direction assuring that alternate methods of creating lot areas will result in the underlying minimum lot sizes being met and that essential minimum standards will be required within the City of Port Angeles. She is still concerned with the circumvention of improvement requirements. Mr. Collins reviewed the options available to the City in this issue. Commissioner PLANNING COMMISSION MINUTES August 10, 1994 PAGE 5 . German was still concerned that this regulation would restrict or take away a property owner's use of his property. Mr. Collins noted that this is a permissive ordinance, it does not take away the use of property. Following further discussion, the question was called for and passed 3 - 1, with Commissioner German voting in the negative. REVIEW OF lNTERIM: PARKING BUSlNESS IMPROVEMENT AREA (PHIAl REGULATIONS: One year scheduled review of the Downtown parking regulations. John Jimerson reviewed the Department's memorandum on the issue and noted that this is not a public hearing but is the one-year review set by the City Council/Planning Commission for evaluation of the effect of the interim parking ordinance. The Department supports a one-year extension of the interim Downtown parking ordinance as requested by the Port Angeles Downtown Association (PADA). . Barry Berezowski, 316 West Twelfth Street, Executive Director of the Port Angeles Downtown Association (PADA), provided a brief summary and offered to respond to questions. Subsequent to the interim parking ordinance approval, the City began a major intermodal transportation planning study. Combining planning efforts for future parking in the Downtown with those of the City's future transportation needs would then be a reasonable approach. Due to the combination of these two efforts, the PADA requested that a one year extension be granted to allow the parking management plan required under the interim Downtown parking ordinance to be completed. Tim Smith, City of Port Angeles Grants Administrator, further expanded on the City's efforts to create an intermodal transportation center. Public review will begin within the next sixty days on the draft plan proposals. The required parking management action plan study should be delivered not later than January, 1995. Mr. Smith responded to Chair Campbell that although a consultant was hired in early 1993 to work on the intermodal transportation plan, the firm was not retained until May, 1994, to produce a work product for the parking management/needs assessment plan. Barry Berezowski responded to Commissioner Nutter that the existing parking seems to be adequate for the Downtown uses to date. He could not recall any instances over the past year that would indicate the interim ordinance is not working. Some proposed developments, such as the recently approved Port Angeles micro brewery and restaurant, may not have been possible without the interim parking ordinance. There are a number of issues that need to be discussed in the management plan that will require further work prior to submission of a final plan for the City's approval. . In response to questions, Mr. Berezowski apologized for not having begun the parking management plan in a manner which would have resulted in the study being available in a more timely manner. A one year extension would be adequate for submittal of the required studies. Commissioner German moved to recommend the City Council approve an extension of the interim parking ordinance review to June, 1995, at which time the required parking management plan shall be submitted to the Planning Commission for review PLANNING COMMISSION MINUTES August 10, 1994 PAGE 6 . and recommendation to the City Council. Commissioner Nutter seconded the motion, which passed 4 . O. The Commission took a ten minute break at 8:45 p.m. The meeting reconvened at 8:55 p.m. REVIEW OF CONDITIONAL USE PERMIT - CUP 91(06)10 - PENINSULA COUNSELING. 203 West Twelfth Street: One-year review of a conditional use permit which allows a group home in an RS- 7, Residential Single-Family District. John Jimerson reviewed the Department memorandum covering the extension request for the group home. Chair Campbell opened the public hearing. Don Zanon, 118 East Eighth Street, Executive Director for Peninsula Community Mental Health Counseling, stated that the transition home is a residence for four girls. age 13 to 18 years old. He noted a letter submitted by a neighbor, Mr. Lucas, contained in the Commission's packet, indicating the success of the neighborhood outreach efforts over the past year. The recommendation for extension of the conditional use permit is appreciated; however. a minimal three-year extension is requested. He and his staff were present to respond to questions. . Heidi Henson, 832 West Ninth Street, stated that she is the transition home supervisor. In response to Commissioner Nutter, she indicated that there were no negative responses were received with regard to a neighborhood survey on the past year's operation. Ms. Henson attributed the neighborhood's current acceptance of the transition home to the stability of the current supervisory staff and the neighborhood outreach program. Chair Campbell offered commendation on the neighborhood outreach program and the efforts of the staff in their committment to the community and the neighborhood. Louie Torres, 1620 West Thirteenth Street, representing the group home, requested that the permit be extended an additional three years in light of the apparent success of the project at this time. There being no further public testimony, Chair Campbell closed the public hearing. Commissioner German moved to approve the extension for an additional five year period stating that a longer review period is a good use of the City's and the applicant's resources in processing the review procedure. The motion died for lack of a second. . Commissioners Philpott and Nutter expressed their preference to accept staffs recommendation for a two year extension based on the fact that there is a turn over in the residency and staff, and there have been significant neighborhood concerns noted in the past. Commissioner Nutter moved to approve a two year extension for this use, citing the . . . PLANNING COMMISSION MINUTES August 10, 1994 PAGE 7 conditions, findings and conclusions listed in the staff report, which are as follow: Conditions: 1. The extension is for a period of two years and shall expire on July 16, 1996. unless an application for extension is made in a timely manner. 2. No automobiles will be owned or used by the teen age residents. 3. Group home staff will continue to institute an up-graded outreach program to improve communications to deal with issues and problems. and result in improved neighborhood relations. Findin&s: 1. Approval is for a group home located at 203 West Twelfth Street for four adolescents and one adult supervisor, with a second supervisor on-site on an occasional basis. 2. The property is zoned single-family residential. RS-7. Group homes are listed as conditionally permitted uses in the RS-7 zone. 3. The use is located within a single family dwelling unit. 4. The Planning Commission has received written and oral testimony from neighbors during the initial two years of the permit that the use has bee disruptive to the neighborhood by creating traffic and parking congestion, by attracting boys to the home, by resulting in a large number of police calls to the home and by socially unacceptable behavior of the residents. There has been no such complaints during the third year of operation of the facility. 5. The applicant has implemented a neighborhood outreach program to facilitate communications between Peninsula Mental Health and residents in the vicinity of the group home. Conclusions: A. The use is compatible with the surrounding land uses and land uses in the RS-7 zone. B. The conditional use permit is in the public use and interest and is not detrimental to the public welfare. c. The conditional use permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan. Commissioner Philpott seconded the motion which passed 4 - O. PLANNING COMMISSION MINUTES August 10. 1994 PAGE 8 . Staff noted that this is a fmal decision which is appealable to the City Council within 15 days. PRELIMINARY SUBDIVISION. STRAIT RIDGE -. Tenth Street and Milwaukee Drive: Proposal to subdivide approximately 4.3 acres into 17 residential sites in an RS-9, Residential Single-Family District. Commissioner German noted for the record that he owns property and an active subdivision in the immediate area. He stated that he felt he could act objectively on the issue but would stand down if there were objections to his participation. Chair Campbell noted that his residence is directly across the street from this location, and likewise would stand down if there were objections to his participation. Hearing none, the meeting proceeded. . John Jimerson called attention to the August 10, 1994, staff memorandum. Although the subdivision was processed following adoption of the City's new Comprehensive Plan, the application was submitted prior to that adoption, and should have been reviewed under the old Plan. The memorandum clarified the pertinent issues. The distinction between the two plans is that the conditions of approval contain specific level of service standards which, under the current (new) Comprehensive Plan, shall be achieved with development. Under the old Comprehensive Plan the word "shall" is not there. It would still be appropriate to adopt certain level of service standards in the conditions of approval, but it would be up to the Planning Commission's discretion. Mr. Jimerson reviewed the Department Report and recommended revision to Finding No.3 to indicate the site has been reviewed with respect to both the old and new Comprehensive Plans, and modification Conclusion A to reflect same. Commissioner Philpott questioned Deputy Director Ken Ridout concerning the capacity of Pump Station No. 1 serving the area. and the affect this subdivision would have on that operation in light of the previously approved subdivisions in the area which have not been finaled. Mr. Ridout responded that sooner or later the pump station will reach capacity, but there is no information on specifically when that will occur. Planning Director Collins added that the City's Capital Facilities Plan includes provision for upgrade to Pump Station No. 1. Information on the station's capacity will be required prior to the issuance of building permits. The letter from Mr. Yolk, a neighbor, was noted for the record as well. Chair Campbell opened the public hearing. Charles Handley, Sunlight Builders, P.O. Box 1267, Issaquah, WA, was present for questions. e Jay Peterson, Four Season's Engineering, 620 East Front Street, reviewed the Department's report with reference to acceptance or disapproval of the conditions of approval. Following receipt of the Department's recommendations to the Planning Commission, the site plan was revised with regard to those recommendations which dealt with lot dimension and access requirements. The proposal is for a minimum 9,000 PLANNING COMMISSION MINUTES August 10, 1994 PAGE 9 . square foot lot subdivision with full utilities. Underground power is planned within the subdivision. Mr. Peterson stated that it his understanding that the requirement for residential sprinklers is contained within the new Comprehensive Plan, not the old Plan. He objected to the requirement for residential sprinklers. Commissioner Nutter initiated discussion with Mr. Peterson concerning several issues previously addressed. Ed Bonollo, City of Port Angeles Fire Department representative. responded to Mr. Peterson's objection to the condition (No. 11) requiring sprinklers in the residential units. Mr. Bonollo explained that the City adheres to a policy that residential structures outside of a four-minute response radius will be sprinklered. Nancy McHenry, Northwestern Territories Inc., 717 South Peabody, spoke with regard to Condition No. 13, which suggested the elimination of a lot to bring the subdivision into compliance with dimension and access requirements. She referred to a revised plan. not yet submitted, which would be in compliance with the City's regulations. . Wayne Shields, 806 Milwaukee Drive, stated concern that the property would be completely cleared of all trees and low growing vegetation in a manner consistent with several other recently approved subdivisions in the area. In every instance those subdivisions have then proceeded slowly or not at all, resulting in unattractive properties in the neighborhood. The applicant has proposed that the subdivision be done in phases. Could the clearing also be done as development occurs? Joe Roebuck, 2508 West Tenth Street, concurred with Mr. Shields. He asked if the property would be scarified then left for a lengthy period of time before any development takes place. He asked for clarification of the statement that there is a designated park at the corner of Tenth and "N" Streets. Other properties in the area have been stripped of every living thing and left following aborted subdivision attempts. Charles Handley stated that he understands the neighborhood concerns involving the clearing of the property. His objective is to clear the property initially but with lot by lot development in mind. after a design survey wherein he would determine which trees and what vegetation must be removed from each proposed lot in order to construct the eventual residential structures, leaving as many trees and as much ground covering as is possible. The result will be an aesthetically appealing neighborhood that will easily blend in with the existing homes. Mary Roebuck, 2508 West Tenth Street, further requested that the applicant leave a few trees, not strip the entire property. She questioned who will pay for the sewer assessment study. With all the new subdivision approvals in the area, why hasn't the assessment been done? . Ken Ridout, Deputy Director Public Works answered that upgrade to the pump station is provided for in the City's Capital Facilities Plan and that it is nearing time to require the study. There hasn't been enough construction in the area to warrant the survey although there have been a number of subdivisions approved in the area. The PLANNING COMMISSION MINUTES August 10, 1994 PAGE 10 . construction of twenty to twenty-five homes would probably initiate the study. The pump station is checked every other day. Mr. Roebuck asked about the City's ordinance concerning nuisance lots. The property located at the southwest corner of Milwaukee Drive and UN" Street is a patch of dry thistles. Mr. Ridout responded that if the property in question is a single lot, the property owner can be required to clean up the lot; if it's a larger area, a five-foot fire line must be cleared around the perimeter of the subject property. Although Mr. German stated that he no longer has an interest in the property Mr. Roebuck referred to. he offered to speak to Mr. Roebuck after the meeting of his concerns. There being no further public testimony, Chair Campbell closed the public hearing. Planning Director Collins agreed that the old Comprehensive Plan policies are vested in this application. Fire sprinklers could still be required by the Fire Department regardless of which Comprehensive Plan is used. Each of the remaining twelve conditions were then thoroughly reviewed with regard to Mr. Peterson's presentation. . There was discussion with the Commission, the applicant and his representatives concerning the need for the applicant to waive the 90-day processing requirement in order to continue review this proposal. Ms. McHenry stated that she had discussed the need with the applicant who did not have an objection to the extended review period. as they were assured that the subdivision review would continue in a timely manner. A letter will be forwarded to the City Planning Department. Considerable discussion continued regarding modification of several conditions of preliminary approval. It was determined that the applicant's representatives would work with staff to further resolve certain issues and the preliminary subdivision would be reviewed at a later meeting. Commissioner Nutter moved to reopen and continue the public bearing for further review of the preliminary Strait Ridge Subdivision to the September 14, 1994, meeting. Commissioner German seconded the motion, which passed 4 - O. Commissioner Gennan moved to continue the meeting beyond the 10 p.m. deadline. The motion was seconded by Conunissioner Nutter and passed 4 . O. PETITION FOR VACATION OF CITY RIGHT.OF-WAY. HALL. .Portion of ColumbialWater Street alley: Petition requesting vacation of that portion of the Columbia/Water Street alley abutting Lots 8, 9. 10 and 11. Block 2, puget Sound Cooperative Colony's Addition to the Townsite of Port Angeles. . Brad Collins reviewed the Department Report. Chair Campbell opened the public hearing. Dr. Thomas Hall, 1103 Columbia Street, distributed a map of the area proposed for vacation. His interest in vacating the right-of-way was caused due to the liability of the . . . PLANNING COMMISSION MINUTES August 10, 1994 PAGE 11 public accessing the bluff from the street, crossing and using his property. He would like to secure the area. Neighborhood children use the alley to access the Hospital parking lot. crossing his property in the process. After listening to the applicant's testimony, Planning Director Collins suggested that rather than vacation of the right-of-way, the applicant discuss the possibility of a Right- Of-Way Use Permit with the City Public Works Department. There being no further testimony, Chair Campbell closed the public hearing. Commissioner German moved to recommend denial of the street vacation petition in that a Right.Of-Way Use Permit would be more appropriate in this instance, citing the following findings and conclusions: Findines: 1. The request is to vacate 2,000 square feet of the Columbia/Water Street Alley, east of the vacated Chambers Street. 2. The portion of the alley proposed to be vacated abuts Lots 8 & 9 and Lots 10 & 11, Block 2 of the Puget Sound Cooperative Colony subdivision. 3. The site in question is located below the top of the marine bluff and is identified as an environmentally sensitive area. 4. Since adoption of the environmentally sensitive areas protection ordinance. the City has not approved any vacations for right-of-way located within an environmentally sensitive area. Proposals that were denied or modified include Haller - STY 93(11)06; levick/McCoy - STY 93(06)04; Richmond - STY 93(04)02; and Ralston/Wilson - STY 92(09)04. 5. The portion of the alley proposed for vacation is unimproved and is separated from the improved alley by a masonry wall. 6. The property above the top of the bluff is wned RS-7, Residential Single-Family. Property below the top of the bluff is zoned PBP, Public Buildings and Parks. 7. Comprehensive Plan policies encourage protection of environmentally sensitive areas. 8. City staff has been directed to work with the applicant to secure his property and the City's property. Conclusions: A. Vacation of this portion of the alley is not in the public use and interest and would not be a public benefit, as it would transfer environmentally sensitive land from public to private ownership. . . . PLANNING COMMISSION MINUTES August 10, 1994 PAGE 12 B. As conditioned, the street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan. specifically those identified in the staff report. Commissioner Philpott seconded the motion, and offered a friendly amendment and an eighth finding such that City staff would work with the applicant to secure his property and the City's property. Commissioner German agreed. The motion passed 4 . O. COMMUNICA TIONS FROM THE PUBLIC: None, other than Mr. Yolk's letter, which had been earlier noted with regard to the Strait Ridge Subdivision application. STAFF REPORTS None REPORTS OF COMMISSION MEMBERS: Commissioners Nutter and Philpott noted that they would not be in attendance at the August 24, 1994, meeting. Chair Campbell reported that the City Council held a workshop on the Capital Facilities Plan with mixed reviews. There were strong feelings that the thrust of the CFP Committee was largely directed toward required infrastructure as opposed to items dealing with the quality of life. He suggested Commission members obtain a copy of the plan for review and comment. ADJOURNMENT The meeting adjourned at 12:05 p.m. d:c!ell~/~ J~.~ Brad Collins, Secretary PREPARED BY: Sue Roberds . PLEASE SIGN IN CITY OF PORT ANGELES Planning Commission Attendance Roster Meeting Date: 8/10 I? f I .