HomeMy WebLinkAboutMinutes 10/28/2009VIII. ADJOURNMENT
ORT ANGELES
J. 1
W A S H I N G T O N U S A.
COMMUNITY ECONOMIC DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
October 28, 2009
6 p.m.
I. CALL TO ORDER
Pledge of Allegiance Led by the Chair
H. ROLL CALL
III APPROVAL OF MINUTES: Regular meetings of September 23 and October 14, 2009
IV. PUBLIC HEARINGS:
1. STREET VACATION PETITION STV 08 -01 CRONAUER. Request for a
portion of' Fourth Street between Cedar Street and the Tumwater Truck Route.
2. CONDITIONAL USE PERMIT CUP 09 -07 RPM RECYCLING, 1000
Block Fields Drive: A proposal to establish a metal recycling use in the IH
Industrial Heavy zone.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
1 Discussion on meeting protocol conducted by Attorney Heidi Greenwood
2. Update on public forum AIA survey
3. Facade process
VII. REPORTS OF COMMISSION MEMBERS
PLANNING COMMISSIONERS Doc Reiss (Chair), t,hn Mania.: vs (Vice Choir); Wcrnci Beier, Mike Caudill,'! nn Halle, Land Sue, Nancy Powers,
PLANNING S I''!9F Nathan Wrist, Dueetoi: Sue Robcrds. Plainnint slanager, Scutt Johns Assoclale Plmmei, Ruin;In Lorer Ar,cudni Planner.
ROLL CALL
Members Excused. Carla Sue
APPROVAL OF MINUTES
PUBLIC HEARINGS:
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
October 28, 2009
6:00 p.m.
Members Present: John Matthews, Werner Beier, Mike Caudill, Doc Reiss, Tim
Boyle, Nancy Powers
Staff Present: Scott Johns, Roberta Korcz, William Bloor, Heidi Greenwood, Sue
Roberds
Public Present: Richard E. Nordberg, Richard T Nordberg, Matthew Nordberg,
Jonathan Shotwell
Commissioner Powers moved to approve the September 23 regular meeting minutes with
corrections noted in the matter of the Laurel Heights preliminary subdivision action.
Correct conditions, findings and conclusions were reviewed, and the motion seconded by
Commissioner Beier, passing 5 0 with Commissioner Caudill abstaining due to absence at
that meeting.
Commissioner Boyle moved to accept the October 14, 2009, regular meeting minutes as
presented. The motion was seconded by Commissioner Powers and passed 4 0 with
Commissioners Reiss and Beier abstaining due to their absence at that meeting.
CONDITIONAL USE PERMIT CUP 09 -07 RPM RECYCLING, 1000 Block
Fields Drive: A proposal to establish a metal recycling use in the IH Industrial zone.
Associate Plattner Scott Johns indicated that due to a procedural matter requiring the applicant
to obtain a permit from the Clallam County Department of Environmental Health to conduct the
recycling use, action on the matter is premature at this time. He asked that the matter be
continued to the December 9, 2009, regular meeting. The applicant is aware of the additional
procedural requirements.
Chair Reiss reviewed the quasi judicial public hearing procedures for the public and qualified the
Commissioners regarding appearance of fairness and conflict of interest matters. All
Commissioners responded for the record that they had no appearance of fairness or conflict of
interest issues with regard to the pending application. The Chair then opened the public hearing.
Planning Commission Minutes
October 28, 2009
Page 2
Commissioner Beier moved to continue the public hearing until December 9, 2009, 6 p.nt. to
allow procedural issues to be completed. The motion was seconded by Commissioner
Matthews. The Chair asked if there was anyone in the audience who wished to speak to the
issue. There was none. The motion then passed 6 0.
STREET VACATION STV 08 -01 CRONAUER Request for vacation of a
portion of Fourth Street between Cedar Street and the Tumwater Truck Route:
(The petitioner was not present)
Associate Planner Scott Johns reviewed the Department Report recommending that right -of-
way abutting Lot 2, Block 83, be vacated to the abutting property owner /petitioner
The petitioner was not present but staff responded to Commissioners that the reason for vacation
is due to an encroachment of a retaining wall into the right -of -way in 2003 during construction
by the abutting property owner The right -of -way abutting Lot 2 is not necessary for public
purposes; however, the City is not in favor of the vacation of right -of -way abutting Lot 1, which
is needed to access the ravine wall and Cedar Street abutting the ravine wall. The subject area is
entirely usable and is being used by the abutting property owner /petitioner
Planning Manager Roberds agreed to the purchase price and the meeting date. He was notified
of the meeting date and was sent a copy of the staff report and agenda by mail. She did not know
why he was not present.
The matter is legislative not quasi judicial. The Chair opened the public hearing. There being no
one present to speak to the matter, he closed the public hearing.
In response to Commissioner Matthews, Planning Manager Roberds identified properties in the
area that are owned by the petitioner by use of a Power Point display She noted that the
petitioner is using the property for storage of commercial vehicles and in association with a
storage use on the adjacent property The original petition included several more properties in
the location but was reduced to this one area.
Commissioner Beier moved to recommend vacation of that portion of Fourth Street abutting
Lot 2, Block 83, TPA, citing two conditions, 14 findings, and 4 conclusions as follows:
Conditions:
1 Property owned by the petitioner and the vacated right of way (approximately 1,750
square feet) shall be combined into one building site by the filing of a Zoning Lot
Covenant prior to the issuance of a quit claim deed for the right of way
2. The area to be vacated shall be limited to that portion of Fourth Street adjacent to Lot 2,
Block 83, Townsite of Port Angeles.
Findings:
1 A petition requesting vacation of portions of right of way east of the Tumwater Truck
Route was submitted to the City Department of Community and Economic Development
Plaanurg Co mm asmn Minutes
October 28, 2009
Page 3
on August 18, 2008 Following review by the City's Real Estate Committee, the street
vacation petition was corrected by the petitioner and re submitted to be only for that
portion of the Fourth Street right of way abutting Lots 1 and 2, Block 83, Townsite of
Port Angeles on September 2, 2009 The petitioner is Paul Cronauer
A concrete retaining wall was constructed on Lot 19, Block 75, TPA, that extends across
previously vacated right of way (abutting Lot 2, Block 83, TPA) into the unvacated right
of way abutting Lot 2 a distance of approximately 25 feet of the 35 foot width of the right
of way adjacent to Lot 2. The petition was submitted in order for the retaining wall to
remain and be the responsibility of the petitioner /abutting property owner
3 RCW 58.17 requires a petition for vacation of right of way to contain the signatures of
two thirds of abutting property owners to be valid. Petitioner Paul Cronauer is the
property owner of Lot 2, Block 83, TPA and the abutting Lots 19 and 20, Block 75, TPA
including that portion of the Fourth Street right of way previously vacated that abuts
same. The City of Port Angeles is the property owner of Lot 1, Block 83, TPA. The City
did not object to filing of the petition but did not sign the petition.
4 Properties in the immediate area are zoned PBP Public Buildings and Parks and IL
Industrial Light. Development of the subject property below the toe of the ravine can be
done to industrial standards. Adjacent property owned by the petitioner contains an
industrial storage structure and a retaining wall. A log scaling use is located in the area
as well.
5 Minimum lot size in the City's IL and PBP zones is 7,000 square feet. The right of way
abutting Lot 2, Block 83, TPA is approximately 1750 square feet in area.
6. Except for a small portion of the north corner of Lot 2, the site is designated Open Space
(OS) on the City's Comprehensive Plan Land Use Map. The City's Comprehensive Plan
and Land Use Map were reviewed in their entirety in consideration of the proposal. Staff
did not identify specific Goals, Policies, or Objectives that would be relevant to the
proposal.
7 The site rises approximately 50 feet from the Tumwater Truck Route toward Cedar
Street. The area above the toe of the adjacent bank and below the top of the ravine are
classified as environmentally sensitive areas per Section 15.20 070 PAMC. Tumwater
Creek is culverted immediately to the south of the site and is directed across the
Tumwater Truck Route to the west in the area.
8. The City's Public Works and Utilities Department reviewed the petition and did not favor
a vacation of right of way adjacent to Lot 1 due to the need to access the Cedar Street
roadway from the right of way location and due to the site being a geologic hazard area.
9 There are no utilities in the portion of right of way being requested for vacation.
Planning Canumsston Minutes
October 28, 2009
Page 4
10 The Port Angeles City Council's Real Estate Committee met on October 20, 2008, and
determined a minimum value for the unopened right of way Upon further consideration
by the Committee, compensation was recommended to be $10 per square foot.
11 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.
This satisfies the City's responsibility under SEPA.
12. The site was posted on October 8, 2009, announcing the requested land use action, and
legal publication appeared in the Peninsula Daily News on October 11, 2009 No written
comment was received during the public comment period that ended on October 21,
2009
13 At its October 6, 2009, regular meeting, the Port Angeles City Council established a
public hearing date by resolution for action on the street vacation petition as November 4,
2009
14 The Port Angeles Planning Commission conducted a public hearing on the matter on
October 28, 2009
Conclusions:
1 As conditioned, site consolidation will prevent the creation of a nonconforming lot and
will appropriately combine the vacated right of way as part of an acceptable building site.
Site consolidation is in accordance with expected land management and development
policies of the City of Port Angeles and development standards of the City's Industrial
zones.
2. The vacation will allow for ownership of the right of way underneath the existing
retaining wall that extends into the right of way from the petitioner's property Upon
vacation, the unintended encroachment is not a liability to the public as the property
owner, and the vacation is therefore in the public interest. The City has stated that the
right of way is not needed to serve a typical right of way use.
3 The vacation of right of way abutting only Lot 2, Block 83, TPA, will allow for access to
Cedar Street from Lot 1, Block 83, TPA and will allow for the City to maintain the ravine
area that supports the Cedar Street right of way
4 The street vacation petition was processed in accordance with RCW 58.17 and with
public notification procedures required for public hearings as required in the Port Angeles
Municipal Code.
The motion was seconded by Commissioner Matthews and passed 6 0.
COMMUNICATIONS FROM THE PUBLIC
None
Planning Commission Alurules
October 28, 2009
Page 5
STAFF REPORTS
Attorney Greenwood provided information regarding the importance of the appearance of
fairness in the conduct of public hearings. She stressed that those sitting in positions of authority
must be fair and impartial in their actions and actions must be fair and transparent.
Planner Johns provided an update on the AIA survey results and identified ranking of the
projects through a spreadsheet.
Planner Korcz stated that the facade improvement program is on track with the
application being available on the City's web site. Staff has received inquiries but no
applications as yet.
REPORTS OF COMMISSION MEMBERS
None.
ADJOURNMENT
The meeting adjourned at 8 15 p.m.
Sue Roberds, secretary
PREPARED BY S. Roberds
Doc Reiss, Chair
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