HomeMy WebLinkAboutMinutes 08/26/2009PORTANGELE!S
W A S H I N G T O N U S A.
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
August 26, 2009
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance Led by the Chair
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of August 12, 2009
IV. PUBLIC HEARINGS:
1 CONDITIONAL USE PERMIT CUP 09 -04 NORTHWEST
PETROLEUM PRODUCTS 484 Eclipse Industrial Park: A proposal to place
an industrial propane tank for distribution purposes in the Industrial Heavy zone.
STREET VACATION PETITION LUCERO STV 09 -01— Northeast corner
of Vine and Whidby Avenue: A request to vacate a portion of the east one half of
the right of way in a location where a residential use encroaches into the right of
way
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS Doc Reiss (Chair); John Matthews (Vice Chair), Werner Beier; Mike Caudill, Tim Boyle, Carla Sue, Nancy Powers
PLANNING STAFF Nathan West, Director; Sue Roberds, Planning Manager, Scott Johns, Associate Planner; Roberta Korcz, Assistant Planner
ROLL CALL
Members Present:
Members Absent:
Staff Present:
Public Present:
APPROVAL OF MINUTES
PUBLIC HEARINGS:
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 26, 2009
6:00 p.m.
Nancy Powers, Mike Caudill, Carla Sue, Doc Reiss,
Werner Beier, Tim Boyle, John Matthews (arrived at 6 10
p.m.)
None
Scott Johns, Sue Roberds, Heidi Greenwood
Patricia Menning, Jonathan Shotwell, Red Anderson, Cathy
Rodney and Tina Lipman, Patti Toth, Randy Stone, Wendy
Hawkins, Mike Kessl
Commissioner Sue moved to approve the August 12, 2009, regular meeting minutes. The
motion was seconded by Commissioner Boyle, and passed 6 0.
Chair Reiss reviewed the quasi judicial public hearing guidelines and conducted the qualifying
procedure in preparation for the evening's public hearings. All Commissioners responded that
they had no appearance of fairness or conflict of interest issues with regard to the pending
applications.
CONDITIONAL USE PERMIT CUP 09 -04 NORTHWEST PETROLEUM
PRODUCTS 484 Eclipse Industrial Park: A proposal to place an industrial propane
tank for distribution purposes in the Industrial Heavy zone.
Planning Manager Sue Roberds reviewed the Department Report recommending approval of
the conditional use permit with one condition. Chair Reiss opened the public hearing.
Red Anderson, 2320 Milwaukee Way, Tacoma, WA represented the application. He
understood the staff recommendation and had nothing to add.
There being no further testimony, Chair Reiss closed the public hearing.
Following brief discussion, Commissioner Boyle moved to approve the conditional use
permit citing one condition supported by the following findings and conclusions:
Planning Commission Minutes
August 26, 2009
Page 2
Condition:
1 The applicant shall meet all Fire Department conditions prior to use at the site.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 09 -04
dated August 26, 2009, 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 Associated Petroleum Products Inc. submitted Conditional Use Permit application CUP
09 -04 on July 21, 2009 to locate a 30,000 gallon propane storage tank on the site at 484
Eclipse Industrial Parkway, parcel number 063018140075
2. The site is located within the Eclipse Industrial Park and is zoned Industrial Heavy All
uses in the industrial park are industrial including Port Angeles Hardwood, 3 wrecking
yards, Green Creek Wood Products, Evergreen Fiber, and Lakeside Paving.
3 Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent and
compatible with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations. A development that is approved through the conditional use permit
process must remain in continual compliance with specific conditions of approval or may
be revoked.
4 The Comprehensive Plan designates the site as Industrial. Adjacent property in County is
zoned Rural and Commercial Forest. The City's Comprehensive Plan was reviewed for
consistency with the proposal. Land Use Element Industrial Goal H, Policy H.4, and
Policy H.5 were found to be most relevant to the proposal.
5 Reviewing City Departmental comments were considered in the review of this
application. The Port Angeles Fire Department will require that:
a. The tank must be at least 50 feet from the nearest building or line of adjoining
property that may be built upon.
b. Any electrical equipment at the site must meet the requirement for classified areas
as specified in the latest edition of the National Electrical Code.
c. The tank and filling facilities must be protected by a fence that is at least 6 feet
high. The fence must have two gates that are open when anyone is inside.
Planning Comnussmn Minutes
August 26, 2009
Page 3
d. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
e. Weeds, long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
h. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
6. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 30, 2009 Public notice was mailed to property owners
within 300 feet of the subject property on July 28, 2009 Notice of the proposal was
posted on the site on July 28, 2009 No written comments were received during written
comment period that ended on August 14, 2009
7 A determination of non significance (DNS) was issued for the proposal per WAC 197-
11 -355 on August 20, 2009
8. The Planning Commission conducted a public hearing on the proposal at the August 26,
2009, regular meeting.
g.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report
for CUP 09 -04 dated August 12, 2009, 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 the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
1 The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050, of the Port Angeles Municipal Code.
2. The permit will enable Associated Petroleum Products to operate a propane facility from
an industrial location to provide a needed service to the Port Angeles area citizens, and
is therefore in public interest.
3 As conditioned, placement of the tank and development of the use on the site will be per
Port Angeles Fire Department requirements to address public safety concerns.
The motion was seconded by Commissioner Beier and passed unanimously.
STREET VACATION PETITION LUCERO STV 09 -01 Northeast
corner of Vine and Whidby Avenue: A request to vacate a portion of the east one
half of the right of way in a location where a residential use encroaches into the right of
way
Associate Planner Scott Johns reviewed the Department Report recommending vacation of the
right of way Mr Johns displayed maps of the site and surrounding area using the overhead
projector to note other rights of way in the Vine Street corridor that have been previously vacated
largely as a result of encroachment. Chair Reiss opened the public hearing.
Planning Commission Minutes
August 26, 2009
Page 4
Cathy Lucero, 509 Whidby Avenue thanked the Commission for their consideration of the
matter and explained that she learned during a prior street vacation hearing regarding the west
half of Vine Street in 2006 that her residence was constructed partially in the right of way She
said that her residence was one of the first structures to be built in the area and that it was
constructed during the 1920's. Most of what she considered to be her side yard is actually within
the right of way along with approximately 10 feet of her residence. Staff told her that early
surveying errors and poor development practice in the general area caused many encroachments
to occur Mrs. Lucero would like to obtain ownership to the yard area, but due to likely costs in
a purchase of the property, she asked that at minimum the area her home sits over along with a
minimum side yard be vacated to her to clear title and provide a conforming side yard.
Tina Lipman, 438 Lopez Avenue spoke of a previous vacation petition that was submitted in
2006 requesting vacation of the west half of Vine Street adjacent to the subject right of way She
reminded Commissioners of the 2006 decision by Council to deny vacation of the west one half
of right of way without prejudice until a new development was completed in the area to
determine traffic needs. She asked that action regarding the subject petition be postponed until a
comprehensive study is done in the area regarding closure of the remaining portion (west) of
Vine Street as well. She believes that the remaining portion of Vine Street, including the entire
west half between Whidby Avenue and Orcas Avenue, should be vacated.
Brief discussion began between Commissioner Caudill and Ms. Lipman as to the City's
Comprehensive Plan designation for the site. Chair Reiss asked Ms. Roberds to clarify the
correlation. Manager Roberds responded that the City's Comprehensive Plan land use
designation does not play a part in this action. She believed that Mrs. Lipman was simply
referring to a comprehensive look at the matter of vacation of the subject corridor. The
procedure for vacation of right of way is prescribed through the Revised Code of Washington
(RCW) that provides that abutting property owners may seek vacation of right of way for cause.
The petition under consideration is valid as it has been signed by 100% of the abutting property
owners. If valid petitioners wish to revisit the matter of vacation of the west half of Vine Street,
they should do so independently of the subject action.
Patti Toth, 437 Lopez Avenue was a petitioner in an earlier (2006) action requesting vacation of
the west half of Vine Street. She and her husband do not object to the vacation as currently
proposed and believe that the petitioner has every right to the property She stressed the history
of previous vacations approved along the Vine Street corridor approved to clear previous
development encroachment issues. She noted that staff recommended approval of the vacation
petition submitted in 2006 for the west half of Vine Street but, since the Housing Authority's
housing project had not been completed at the time, it was determined by Council that the
petition be denied without prejudice until completion of the housing project when a normal
traffic pattern for the area could be determined. The high speed of traffic in the area remains of
primary concern to all of the neighborhood residents. The matter was discussed at length in
2006 along with the deplorable road condition but no improvements have been made to either
issue. All of the neighbors are concerned about the traffic and yet nothing seems to resolve the
issue.
Patricia Manning, 518 1/2 Lopez Avenue is a neighbor to Ms. Lucero's residence. All of Vine
Street in this location is gravel. She commented regarding Ms. Lucero's careful maintenance of
Planning Commission Minutes
August 26, 2009
Page 5
her yard that is apparently right of way, and stated that she deserves ownership of the right of
way for no compensation to account for all her years of maintenance. She believed that Ms.
Lucero should have the entire east half of the right of way not just enough to clear her property
encroachment. She was not in favor however, of vacating the west half of Vine Street as
proposed by earlier speakers.
Randy Stone, 437 Lopez Avenue agreed that Ms. Lucero should be able to acquire the entire east
half of Vine Street as it is not needed and has never been used as part of the traveled way Most
of the east half is already fenced in as yard.
Wendy Hawkins, 504 Lopez agreed that Ms. Lucero should be able to acquire the entire east half
of Vine Street without compensation in payment for the manner in which she maintains the right
of way property A lot of children live along Vine Street between Whidby and Lopez and traffic
travels way too fast along the corridor The street is also in very bad condition. No one seems to
care.
There being no further testimony, Chair Reiss closed the public hearing.
Planner Johns noted that, although staff recommended a minimum vacation, staff is not opposed
to vacation of the entire east one half of the Vine Street right of way adjacent to Ms. Lucero's
ownership. No compensation seems logical and fair in this matter and the City's Real Estate
Committee agreed with the policy
Following continued discussion regarding the area of right of way to be included in a
recommendation to Council, Commissioner Beier moved to recommend that the entire east half
of the Vine Street right of way abutting Lot 11, Block 11, PSSC 2 Addition be vacated due to
unintended encroachment and historic development in the area. The Commissioners also
recommended that no compensation be required for the right of way due to historical
surveying errors, citing the following findings and conclusions in support of the
recommendation:
Condition:
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
Findings:
1 A petition requesting vacation of a portion of the Vine Street right -of -way situated
immediately north of Whidby Avenue abutting Lot 11, Block 11, Puget Sound Cooperative
Colony's Second Addition (PSCC2) to Port Angeles was submitted on June 23, 2009, by
property owners John and Cathy Lucero.
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 10% of the
abutting property owners.
Planning Commission Minutes
August 26, 2009
Page 6
3 The subject area is zoned RS -7 Residential Single Family The RS -7 zone requires a 13 -foot
side yard abutting a street for residential development. The subject area is developed with
single family structures and a multiple family apartment along the Lopez/Orcas Alley
4 PSCC2 was filed as a County plat in the late 1800's. The area was annexed into the Cit in
1961 Many homes in the subdivision were developed during the first portion of the 20`
Century with the subject residence developed in the early 1920's. The Lucero residence was
constructed in the mid 1920's and encroaches into the adjacent Vine Street right of way some
10' along the west side of the structure.
5 Historic development in PSCC2 has resulted in many encroachments onto neighboring
properties and into rights of way largely due to some initial incorrect surveys and lack of
surveys in the area. Vacations of the Vine Street right of way south of Whidby Avenue to
Park Avenue have resulted in that entire portion of right of way being vacated between 1979
and 1997 Vacations were approved to allow property owners to clear title to their properties
where encroachments occurred. The east one half of Vine Street immediately north of the
subject property between Whidby Avenue and Orcas Avenue was vacated in 1987 That
vacation is the only one in the area that was not approved to clear title. However, the right of
way immediately north of that site, to Orcas Avenue (east portion of Vine Street) was
vacated to clear title to property in 1987 The subject right of way is the only portion of the
east half of Vine Street between Orcas Avenue and Park Avenue not yet vacated.
6 The City's Public Works and Utilities, Fire, Police, and Community and Economic
Development staff reviewed the petition. No objections or concerns were raised as a result of
that review Public Works and Utilities staff commented that vacation of the subject portion
of the east one half of the right of way will not present any transportation or utility issues.
The Port Angeles Fire Department noted that emergency access will not be hindered by the
proposed vacation. Community and Economic Development had no issues to report. The
Police Department did not comment.
7 Utilities are located in the west one half of the right of way No utilities are found in the east
half of the right of way
8. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right of way proposal. Land Use Element, Map, Goals, Policies, and
Objectives Element Goal A is relevant to the proposal.
9 The Port Angeles City Council's Real Estate Committee met on August 3, 2009, and
determined that a minimum value should be established for the unopened right of way based
on previous precedent set by vacating other areas of Vine Street for no compensation or $1 to
clear unintended encroachments.
10 The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197- 11- 800(2)(h) of the Washington Administrative Code.
Planing Comm,ssmn Minutes
tes
August 26, 2009
Page 7
11 The site was posted regarding the proposed land use ction on July 28, 2009, with required
publication appearing in the Peninsula Daily News on July 30, 2009
12. Consolidation of the right of way following vacation can be accomplished by the filing of a
Zoning Lot Covenant that will combine the vacated property with the abutting lot owned by
the Luceros into one building site.
13 At its August 4, 2009, regular meeting, the Port Angeles City Council established a public
hearing date by resolution for action on the street vacation petition as September 15, 2009
14 The Port Angeles Planning commission held a public hearing on the proposed street vacation
on August 26, 2009
Conclusions:
A. Previous vacations of Vine Street between Orcas Avenue and Park Avenue have been
approved resulting in the subject location being the only portion of the right of way where the
width remains as originally platted 70' The City Engineer stated that the full width of right
of way is not needed in this location to facilitate either the current or long range
transportation planning needs of the City because local traffic will continue to utilize the west
one half of the right of way with no change in traffic pattern as a result of the vacation.
B. Emergency service providers (Fire Department) indicated that vacation of the east portion
of right of way as proposed will not prevent access to properties in the area for
emergency purposes or for residential use, nor will such vacation cause a change in
access or service to existing properties.
C. A history of vacation of rights of way in the underlying subdivision is noted due to
historic development and use encroachments into adjacent rights of way and neighboring
property lines. Vacation of the subject right of way will allow the petitioners' to clear
title to their property and provide a standard side yard setback adjacent to a street as is
required in the Port Angeles Municipal Code for the RS -7 zone. Additionally, the
vacation will place unneeded property on the City's tax roles, therefore being in the
public interest.
D As conditioned, site consolidation will appropriately combine the vacated right of way
with adjacent residential property to create a conforming building site.
E. The action is consistent with the goals and policies of the City's Comprehensive Plan
specifically with Land Use Map, Goal, Policies and Objective Element Goal A.
The motion was seconded by Commissioner Powers and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission MLmues
August 26, 2009
Page 8
STAFF REPORTS
Associate Planner Johns noted explained the Shoreline Master Program update process that will
be undertaken to review the Program per State mandate by the end of the year 2011 Mr Johns
noted that committee meetings would be held with Commissioners sitting on various
committees. Staff is looking forward to significant input from Commissioners on this
approximately two year process and appreciates, in advance, that assistance.
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7.30 p.m.
Sue Roberd ecretary
PREPARED BY S. Roberds
re.— .tiC
Doc Reiss, Chair
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