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HomeMy WebLinkAboutMinutes 06/26/1996 ^.~ .' . . HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE. .ol..ANNI~G AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 June 26, 1996 7:00 p.m. L CALL TO ORDER II. ROLL CALL ID. APPROVAL OF MINUTES: June 12, 1996 IV. PUBLIC HEARINGS: 1. STREET V ACA TION PETITION - STY 96(06)03 - HANNAM et al.: Request for vacation of a portion of an alley abutting Block 23, Fogarty and Dolan's addition, V. OTHER BUSINESS Request to Circulate an Annexation Petition: De Chantal. east of Campbell Ave. VI. COMMUNICA TrONS FROM THE PUBLIC REaUEST TO REMOVE A CONDITION OF APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 96(05) I I . HIGHLAND COMMONS SUBDIVISION. Melody Circle: Tim Gennan. Vll. STAFF REPORTS: vm. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT PLANNING COMMISSION: Bob King" Chair, run German (Vice), Cindy Souders, BobPhill'oll, Linda Nutter, Dean Reed, M:uy Cra_. STAFF: Brad Collins, Director, Sue Roberds Office SpeciaIist, mid Da\4d Sawyer, Scnior PlaMcr. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 26, 1996 7:00 p.m. ROLL CALL Members Present: Bob King, Bob Philpott, Tim German, Cindy Souders Members Excused: Mary Craver, Dean Reed, Linda Nutter Staff Present: Brad Collins, Sue Roberds, Dan McKeen Public Present: Keri Hannam APPROVAL OF MINUTES Commissioner German moved to approve the Commission's June 12, 1996, minutes. The motion was seconded by Commissioner Souders and passed 4 - O. PUBLIC BEARINGS STREET VACATION PETITION - STV 96(.O~03 - HANNAM et_al..:. Requ~st for vacation of a portion of an alley abutting Block 23, Fogarty and Dolan's addition. (This item is continued from June 12, 1996.) Planning Office Specialist Sue Roberds reviewed the Planning Department's memorandum on the proposal recommending partial vacation of the alley with an exception based upon service to a utility pole which exists in the alley right-of-way. By use of an overhead projector, the site location was visually presented and access to the lots which would benefit from the vacation was shown. Although the petition was signed by neighbors east, south of the Hannam property, it was verified by staff that the actual need was only for that portion at the west end of the alley abutting the Hannam property. There was no need or desire by the remaining neighbors who reside east and south of the Hannam property to obtain the alley right-of-way. Their signatures on the petition were to allow the vacation for their neighbor, Mrs. Hannam, thus, staffs recommendation was to vacate only that portion abutting the Hannam property. Chair King opened the public hearing. No one was present in opposition to the request. The applicant did not wish to testify but indicated that she agreed with staff s proposed compromise as stated in the staff memorandum dated June 26, 1996. There being no objection, Commissioner Souders moved to recommend that the City Council approve the right.of-way vacation as modified by staff to be vacation of only Lots 3 and 4, Block 23, Fogarty and Dolan's Addition, citing the following findings and conclusions: . . . Planning Commission Minutes June 26.1996 Page 2 Findinl!s: 1. A valid petition, included as Attachment "A" of the J Ulle 12, 1996, PI anning Department Staff Report for STV 96(06)03, was submitted on May 15, 1996, for vacation of City right-of-way. 2. The petition requests vacation of that portion of the Hancock/F ogarty alley abutting Lots 1-14 and Lots 15-24 of Block 23, Fogarty and Dolan's Addition to the Townsite of Port Angeles (TPA) not previously vacated. 3. Lots 6. 13 and 16.20, Block 23, Fogarty and Dolan's Addition, TP A, except those portions located within an environmentally sensitive area (ESA) or buffer were previously vacated by City Ordinance 2844, on January 22, 1995. 4. An environmentally sensitive areas survey was submitted and placed on file on March 9, 1995, defining a geological hazard area and its buffer as being located in Block 23, Fogarty and Dolan's Addition. The geological hazard area and a portion of its buffer is also located on Lots 3,4,5,6,20,21 and 22, Block 23, Fogarty and Dolan's Addition. 5. Section 15.20.070 (C)(4)(a) (Geological Hazard Areas) of the Port Angcles Municipal Code allows for a reduction of the required 50. foot buffer area if a geotechnical study is provided by an engineer that attests to the stability of the bank or slope area for a proposed use. 6. Street vacations are categorically exempt from the State's Environmental Policy Act (SEPA) requirements per Section 197-11-800(2)(h) of the Washington Administrative Code. 7. The subject right-of-way and adjacent properties are designated Low Density Residential by the City's Comprehensive Plan and are zoned RS-7, Residential Single Family. 8. City electrical facilities arc located in the subject right-of-way adjacent to Lot 23 in the requested vacation area. 9. The Public Works Department's comments are included as Attachment "B" of the June 12, 1996, Planning Department Staff Report for STY 96(06)03, and state no objection to the vacation as requested. 10. The City Light Department's comments of June 3, 1996, recommending that the alley not be vacated are included as Attachment" C" of the June 12, 1996, Planning Department Staff Report for STY 96(06)03. An amended memorandum indicating no objection to vacation of that portion of the alley abutting Lots 3, 4,21, and 22, Block 23, Fogarty and Dolan's Addition is on file with the City's Planning Department. 11. The area of the proposed vacation currently serves as the main vehicular access to Lots 3 and 4 due to the topography of Lots 3 and 4, and secondary access to Lots 1,2,2 1,22,23, and 24, all in Block 23 Fogarty and Dolan's Addition to the Townsite of Port Angeles. Secondary access to Lots 3 and 4 is from undeveloped Hancock Street. 12. On June 20, 1996, the Planning Department was infonned that the main reason for submittal of the vacation petition was to obtain use of that portion of the alley abutting Lots 3 and 4, Block 23, Fogarty and Dolan's Addition. The remaining neighbors/petitioners have no desire . . . Planning Commission Minutes June 26. 1996 Page 3 to obtain the right..{}f.way for their own use but joined in the action to enable a neighbor (Mrs. Hannam) to obtain right-of-way abandonment to construct a garage. 13. Vacation of the subject right-of-way will result in an increase to the taxable area of Lots 3 and 4, Block 23, Fogarty and Dolan's Addition to Port Angeles.. Conclusions: A. As conditioned, the proposed vacation is consistent with the City's Comprehensive Plan Land Use Policy B, 2 and 3 and Transportation Policy B, 18. B. As approved, the right-of-way is not needed for future street access and does not block access to the City's electrical facilities located in the alley. C. As approved, vacation of the subject right-of-way is in the public interest. D. As conditioned, the vacation is in compliance with Section 15.20 (Environmentally Sensitive Areas Ordinance) of the City's Environmentally Sensitive Areas Ordinance. Commissioner Philpott seconded the motion which passed 4-0. OTHER BUSINESS Request to Circulate an Annexation Petition: De Chantal Planning Office Specialist Sue Roberds presented the Planning Department's Staff Memorandum recommending that the Planning Commission recommend the City Council allow an annexation petition to be circulated for the property in question including four properties that would be totally or partially sUITOWlded by the annexation. Using the overhead projector, Ms. Roberds indicated the four properties in question and provided an overview of the proposed location, south of the Peninsula College and east of Campbell A venue at the southeast portion of the current City limits. In discussion regarding the properties that are surrounded by or adjacent to the proposed annexation area, it was decided that those properties that would be surrounded by the De Chantal property must be included in an annexation request for public safety reasons but that the remaining two properties that exist east of the proposed area, those properties owned by Woolworth and Ellenberger, should join in the annexation for practical reasons as these properties would likely benefit from City services that would be adjacent to their properties. If the W oolworths and Ellenbergers oppose annexation it would not jeopardize the annexation. Following discussion with Planning Director Collins, Commissioner Philpott moved to recommend that the City Council allow an annexation petition to be circulated for the De Chantal property with the provision that the petition include the two properties surrounded by the annexation area (Lebius and Schoeneman), and attempt to include the two properties owned by Woolworth and Ellenberger that are adjacent to the proposed annexation, citing the following findings and conclusions: . . . Planning Commission Minutes June 26.1996 Page -4 Findings: I. A letter of intent was reccived by Mr. and Mrs. Alain de Chantal on May 23, 1996, requesting annexation of approximately 14.92 acrcs of property under their ownership to the City of Port Angeles. 2. Annexation of the proposed property would be a logical extension of the City's boundaries if it encompassed the entire area recommended for annexation. 3. Washington State law requires that a request for annexation be signed by the owners of not less than ten percent of the property proposed for annexation. 4. Newly annexed properties shall assume a proportionate share of the City's indebtedness upon annexation. 5. Goal B, Policies 2,4,5,6, 7, 8,9, and 10, of the Growth Management Element of the City's Comprehensive Plan were reviewed relative to the proposal. 6. Four properties should be included with the original petition because they are adjacent to or SUITOW1ded by the proposed area and can be accessed and served by existing services in the area. Conclusions: A. As recommended, the proposal is in compliance with the City's Comprehensive Plan. B. As recommended, the annexation would be in the public interest. C. The petition is valid as it has been signed by one hundred percent of the property owners as presented. The motion was seconded by Commissioner German and passed 4 - O. COMMUNICATIONS FROM THE PUBLIC Ernest Flatau, 1802 Harborcrest, spoke to the issue of the street vacation petition application submitted by the St. Andrew's Episcopal Church (STV 96(06)02). Although the issue will not be discussed during the current meeting, Mr. Flatau asked that the issue of standing water at the rear of his property be addressed. He had no objection to the requested right-of-way abandorunent, but asked that the City alleviate the runoff concern in the area of his property which is accessed from Park Avenue to the north of the Church property. Mr. Flatau stated that he had spoken with the Public Works Department about the problem. Director Collins explained that the area Mr. Flatau referred to is not City right-of-way although it is represented as such on maps, and suggested that Me. Flatau stop by City Hall during business hours and an engineering staff person would assist him in his concern. ST AFF REPORTS Planning Director Collins reported that the concern of a wetland existing in the area of the requested street vacation for the S1. Andrew's Episcopal Church (STV 96(06)04, has been addressed satisfactorily. The area was measured at 2472 sq.ft., which is less than the 2500 sq,ft. threshold regulated by the City. The area is therefore not of.concern during the current application process. . . r . Planning Commission Minutes June 26,1996 Page 5 Instead of delaying the public hearing until August, which was the original decision to enable the processing of a wetland pennit, it was suggested that a meeting be set for the Commission's July 10, 1996, regular meeting. Commissioner German so moved. The motion was seconded by Commissioner Souders and passed 4 - O. REPORTS OF COMMISSIONERS Commissioner King noted that he will not be at the July 10, 1996, meeting. Commissioner Philpott was disappointed that the pot holes on First Street have not been repaired by the State. They are bothersome and not a good representation of the City of Port Angeles. OTHER BUSINESS Commissioner Gennan excused himself from the imminent discussion as it concerns a project, Highland Commons subdivision, in which he is financially involved. (Note: A quorum at this point was not present. ) REQUEST TO REMOVE A CONDITION OF APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 96(05)11 . HIGHLAND COMMONS SUBDIVISION. Melody Circle. The applicants have requested a substitute to Condition No. 1 of the GERMAN Conditional Use Permit which reads "Approval of the Conditional Use Permit is subject to final approval of the Highland Commons Subdivision in a manner that is consistent with the site plan submitted as part of the May 8, 1996, staffreport for CUP 96(05)1 I. A supplemental memorandum from the Planning Director was read which recommends alternate language to Condition No. I to read HFinal approval of the Highland Commons Subdivision (SUB 96- 02) shall be consistent with the approved CUP 96(05) 11 and the May &, 1996, site plan for the GERMAN publicly subsidized senior housing development." This recommendation is based on the finding that the condition does not allow for the building permit to be issued until the conditional use pennit (CUP) is fmal The original condition was intended to ensure consistency between the CUP and the preliminary subdivision by requiring the CUP to meet requirements of the preliminary subdivision approval. The substitute condition requires the final subdivision to be consistent with the approved CUP, which would be final with the revised condition. As the original condition reads, the CUP is not considered final until the subdivision is final A building permit cannot be issued until the CUP is fmal. The suggested revised wording approves the conditional use pennit at this time and when the final subdivision comes through it will have to be consistent with the CUP. The project that is proposed under the CUP requires obtaining a building permit to obtain financing by July 26, 1996, two days from this meeting. The final approval of the subdivision is awaiting improvements that will not be completed for a couple of months. As there was no quorum, an action on this item could not be taken. Commissioner Souders suggested that a telephone quorum could be taken. Commissioner Souders moved to revise Condition No.1 of Conditional Use Permit No. 96(05)11 as follows, with the following findings and conclusions: . . .- Planning Commission Minutes June 26, J 996 Page 6 New Substitute Condition: 1. Approval of this CUP is subject to tJ.c final appro. al of the. IIighland Commons Subdivision (sun 96-02) in a m.nlllet that is consistent with the site plnn submitted as pm of the M1I)' 8, 199G staffrcport. Approval of the Highland Commons Subdivision (SUB 96-02) shall be consistent with the approved CUP 96(05)11 and the May 8. 1996. site plan for the GERMAN publicly subsidized senior housing development. New Finding: 1. The proposed revision to Condition No. I does not allow for a building permit to be issued Wltil the conditional use permit is final, and the conditional use penn it will not be issued until the subdivision is final. New Conclusions: A. The final subdivision requires improvements associated ,vith the building pennit. The reason for the original condition was to ensure consistency between the CUP and the subdivision. B. The substitute condition requires the final subdivision to be consistent with the approved CUP which would be final \\~th the revised condition. Commissioner Philpott seconded the motion. Commissioners King, Souders, and Philpott voted to approve the request for revision to the conditions of approval. ADJOURNMENT The meeting adjourned at 8:45 p.m. ~ PREPARED BY: S. Roberds