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HomeMy WebLinkAboutMinutes 02/27/2013 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 27, 2013 6:00 p.m. ROLL CALL Members Present: Doc Reiss, Thomas Davis, David Miller, John Matthews, Tim Boyle, Duane Morris, Scott Headrick Members Absent: None Staff Present: Sue Roberds, Scott Johns, Chris Cowgill Public Present: None PLEDGE OF ALLEGIANCE Chair Miller opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Matthews moved to approve the January 9, 2013, regular meeting minutes. The motion was seconded by Commissioner Reiss and passed 6 — 0 with Commissioner Boyle abstaining due to absence at that meeting. PUBLIC HEARINGS: STREET VACATION PETITION— STV 12-03 —LINDLEY, etal: Consideration of the vacation of a portion of alley right-of-way between Hazel and Spruce Streets east of Fairmount Avenue. Planning Manager Sue Roberds reviewed the Department Report recommending that the Planning Commission forward a recommendation of approval of the right-of-way vacation petition to the City Council citing 2 conditions, 10 findings, and 5 conclusions. Chair Miller opened the public hearing. There was no one present to speak to the application. Chair Miller closed the public hearing. Following brief discussion, Commissioner Morris moved to recommend that the City Council approve the street vacation petition citing the following conditions, findings, and conclusions in support of that action: Conditions: I 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 a quit claim deed for the right-of-way. rlannmCommissionuinutm Februar y 27,2013 pvgcz Z. }\20' utility casement shall be included in the area vacated. ]. A petition requesting vacation of right-of-way platted to serve as an alley in Block 8 abutting [0ta } —70' Pennsylvania Park Addition was submitted to the City on February Q, 2V13. The area was platted iul840` and was annexed into the City in 1965. The right-of-way is20' iu width and 500'inlcn2(h for u total area o[l0,A00sq. ft. Z. RCVV35.74 requires that a petition for vacation ofrieh10[-vveyshall be signed by two thirds nf the abutting property owners inbc considered valid. The petition iosigned by 83% o[the abutting property owners. 3. The City's Public Works and Utilities and Fire [)oporUncu1 staff reviewed the petition and had oo concerns with the proposal. A sewer utility line ialocated io portions o[ the alley and u20' utility cuocozeot must be cuuiu1eiocd along the alley for service and future 1ioo extensions where sewer is or will be ox\cm]od. The alley is not open and, as such, has not been used for access to abutting properties or for general circulation. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation ofrieh1-of-vvuy. Land Use Element, Map Goals, Policies, and Objective Element Goal /\ia relevant to the proposal. 5. The City's standing policy has been to assist abutting property owners 1ovacate unopened zighda-of-p/uy that may have been vacated by statute without requiring / . compensation. b. The vacating ofu street io categorically exempt from o State Eoviroouzeotu) Policy Act (SBP/\) review per Section l97-ll-80O (2) (h) of the Washington Administrative Code. 7. The site was posted regarding the proposed land use action ooFebruary 8, 7013, with legal publication appearing iu the Peninsula Daily News nuFebruary 10, 2013. Notice of the action was mailed to abutting property owners who were not party tothe requested action ou February }l, ?0l3. No written comments have been received. X. Consolidation of the righd-of-vvuy with the abutting properties [o}l*vviog vacation can bo accomplished hy filing u Zoning Lot Covenant. 9. The Port Angeles City Council set apublic hearing date for action oil the oiruut vacation petition by Resolution on March l9, 70l�. lV. The Port Angeles Planning Commission held a public hearing on the proposed street vacation ou February 27, 20l]. A. \/noodiOo of the subject portion ofalley will not alter access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily service needs to existing properties or prevent the public's use of the alley topublic ) facilities. - Planning Commission Minutes Februmy 27,2013 Page 3 B. No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clallarn County Road Statute. The action will provide the property owners with title to the right-of-way that was intended by the 1906 statute. C. The vacation will place unneeded property on the City's tax rolls and complete an action that was intended under the Clallain County 1906 Road Statute. D. As conditioned, site consolidation will appropriately combine the vacated right-of- way with the abutting properties. E. 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. Commissioner Boyle seconded the motion that passed unanimously. MUNICIPAL CODE AMENDMENTS—MCA 13-01 —Consideration of various minor amendments intended to correct or clarify existing regulations identified in Sections 8 (Health and Sanitation), 11 (Streets and Sidewalks), 13 (Public Utilities), 14 (Buildings and Construction), 16 (Subdivision), and 17 (Zoning) of the Port Angeles Municipal Code. Planning Manager Sue Roberds reviewed the Department Report recommending various amendments to the City's Municipal Code that are intended to clarify or correct existing regulatory language. Ms. Roberds indicated that although a public hearing is scheduled for these amendments, staff is requesting that, following discussion, the Commission continue the matter to April 10 to allow the Public Works and Utilities Department additional time to comment on those items relative to the Department's realm of responsibility. Chair Miller opened the public hearing. There being no one to speak to the issue, Commissioner Reiss moved to continue the matter to the April 10, 2013, regular meeting. The motion was seconded by Commissioner Matthews and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Proposed Street Tree Ordinance Associate Planner Scott Johns stated that on July 5, 2011, the City Council directed staff to move toward a designation of Tree City USA for Port Angeles. The proposed street tree ordinance meets one of 4 requirements required to achieve that designation. The ordinance meets the requirement by designating who within the City government would have authority over the management of trees within the City's rights of way (ROW). The ordinance makes as little change in the status quo as is possible. Trees placed in the ROW are technically owned by the City while maintenance remains with the abutting property owner. The proposed ordinance is not intended to require plantings but is intended to keep track of trees that are planted in ROWS, when they are planted, removed, or pruned and also to provide an inventory to keep track Planning Commission IvAndes Feb rag 27,2013 Page 4 of the City's urban forest. Specifications in the ordinance won't cost the homeowner anything or prevent them from doing work on trees that they plant or that exist in ROWS abutting their properties. The ordinance only ensures that maintenance and planting will be done in a planned, healthy, and sustainable manner. Proposals in the ordinance are considered state of the art. Some pruning practices are not considered best management practices. Pruning is important and is often a matter of preference - whether a tree is left to a more natural canopy or a contrived canopy. If pruning is identified as being such that it will result in an unhealthy tree that may then result in an accident, as the property owner, the City should have some standard about what happens in that ROW to ensure that damage doesn't' result in danger trees or that when pruning occurs appropriate permits are obtained to ensure that work does not result in damage to neighboring structures or powerlines and streets. In response to Commissioner Boyle, Mr. Johns stated that Tree City U.S.A. standards require a City contribution to ensure maintenance of the trees. That contribution is already being spent by the City's Public Works and Utilities Department for maintenance of trees around power lines. There could also be opportunity to sell wood from trees that become diseased or damaged and need to be removed, bringing in some revenue for continued maintenance of trees throughout the City. Commissioner Davis stated that the ordinance is a great idea. He asked if a public awareness/outreach/education program is being planned? Mr. Johns noted that it is not possible to gain public awareness and acceptance without such a program. Without such a program, such an ordinance is just a nuisance to the public. While it is difficult to quantify the amount of carbon dioxide sequestered in the trunk of a tree, or how much water is retained or slowed rather than running through a storm system, or how much oxygen is produced by a tree, there are studies that show that for every $1 of investment in trees, $3 can easily be quoted as a benefit to the public. Local media and community events would be good arenas to educate the public and, hopefully, word of mouth. Chair Miller expressed concern that property owners could be charged with a misdemeanor if maintenance is not done to the specifications of the ordinance. Mr. Johns stated that the regulations are not meant to be onerous to property owners or to cause undue stress. Protection of the public safety is a concern when planting trees in ROWs. Accidents are not intentional and he suggested that wording may need to be revised to note that accidents are not misdemeanor offenses; misdemeanor offenses would be those that are done intentionally, willfully, or after being told not to perform a certain activity that will result in damage that will affect the public. Mr. Johns expressed concern that enforcement action needs to have some ability to be enforced. It is not intended to prosecute accidents or poor judgment but it is important that intentional vandalism be discouraged. Commissioner Davis agreed that the word "misdemeanor" is intimidating. Mr. Johns said he would continue to address these issues with revised wording. Nothing in the ordinance affects planting on private property. Director Nathan West noted that nothing in the proposed ordinance is new where it relates to J requiring permits for work in the rights-of-way. The City would only consider prosecuting willful damage of a valuable tree in a ROW or the intentional damage of plantings. Planning Commission Minutes Februaq 27,2013 Page 5 Assistant Attorney Chris Cowgill added that a misdemeanor would only be levied for willful, criminal mischief. Commissioner Miller did not believe that the present wording indicates that people who are not adequately taking care of trees now will not be cited for misdemeanors. Mr. Johns will revise ordinance wording to ensure that unknowing neglect is not a misdemeanor offense. In closing, Mr. Johns asked Commissioners to take another look at the draft ordinance. Staff is hoping to conduct a public hearing on this issue on May 8. There is no hurry, we want it to be logical and acceptable. This is just one piece of an urban forest program. Duane Morris noted that the City will need to commit to this if it's going to work. Such a proposal is to the City's benefit. He served a citizen tree board in San Luis Obispo. He offered to assist in further development of the ordinance and citizen outreach. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7 p.m. 4/ z Z "I J, J2 �-J, -- - ��E Sue Roberdrecretary David Miller, Chair PREPARED BY: S. Roberds