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HomeMy WebLinkAboutMinutes 08/14/1996 . . . HEARING DEVICES ARE A VAlLABLE FOR THOSE NEEDING ASSISTANCE. ,ll(ANN\\'lU AGENDA CITY OF PORT ANGELES PLANNING COM1v1ISSION 321 East Fifth Street Port Angeles, W A 98362 August 14, ]996 7 :00 p.m. I. CALL TO ORDER ll. ROLL CALL ill. APPROVAL OF MINUTES: June 26, 1996 (Continued from July 24, 1996) and July 24, 1996 IV. PUBLIC BEARINGS: 1. STREET V ACA TION PETITION - STY 96(08)04 - LIONSTONE. Portion of Center Street Right-Of-Way: Request for vacation of 10' of the eastern right-of~way of unopened Center Street. 2. STREET V ACA TION PETITION - STY 96(08)05 - SEVERSON. East One-Half of Vine Street between Whidby and Vashon Streets: Request for vacation of the east one-half of Vine Street. 3. MUNICIPAL CODE AMENDMENT - MCA 96(08)09 - CITY OF PORT ANGELES. City - wide: A proposal to amend Chapter 15.24.060 (Wetlands) of the Port Angeles Municipal Code to allow for clarification with SHB 1724 in the processing ofland use permits. 4. MUNICIPAL CODE AMENDMENT - MCA 96(08)10 - CITY OF PORT ANGELES. City - wide: A proposal to amend Chapter 15.08 of the Port Angeles Municipal Code revising the City's Shoreline Management Regulations in compliance with SHB 1724. PLANNING COMMlSSION: Bob King" Chair, Tim Gnman (Vice), Cindy Souders, BobPhilpol1, Linda Nutler, Dean Reed, M.vy Cra\'l:r. STAFF: BrAd Collins, Director, Sue Roberds Office Specialist, AIld O..id Sawyer, Scnior Planner. . . . v. COMMUNICA TIONS FROM THE PUBLIC VI. STAFF REPORTS: VII. REPORTS OF COMMISSION MEMBERS VllI. ADJOURNMENT All correspondence pertaining to a hearing item received by the Planning Department 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. Infonnation 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 conunent briefly (5 minutes each) 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. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 14, 1996 7:00 p.m. ROLL CALL Members Present: Bob King, Linda Nutter, Mary Craver, Dean Reed Members Absent: Cindy Souders, Tim German, Bob Philpott Staff Present: Brad Collins, Sue Roberds Public Present: Larry Leonard, Bob Winters, Bob Reid APPROVAL OF MINUTES Due to the lack of a quorum of members present at the June 26, 1996, meeting, those minutes will be presented for approval at the Commission's next meeting. The July 24, 1996, minutes were postponed to include a more detailed account of the lengthy discussion . regarding the motion to approve rezone application MeA 96(08)08 - (residential high density uses in the Commercial Office zone by conditional use permit). PUBLIC HEARINGS STREET V ACATIO~IITLO.N~TV 96.c08}04--=-.LIO.NSTONE, ful1io.a.of Center S.tr.e.etRight:.Df:...Wa}C:_ Request for vacation of 10' of the eastern right-of-way of unopened Center Street. Planning Office Specialist Sue Roberds presented the Planning Department's staff report recommending approval of the right-of-way vacation as proposed. Chair King opened the public hearing. Larry Leonard, 1030 Olympus, voiced approval of the request. There being no further comment, Chair King closed the public hearing. Commissioner Reed moved to recommend approval of the street vacation petition as requested citing the following findings and conclusions: . . . Planning Commission Minute.! . Augusl/4. /996 Page 2 Eindings.: 1. The applicants for the requested vacation are Annemarie Lionstone and Roy E. Albertson. The application/petition is attached as Attachment "A" of the August 14, 1996, Planning Department Staff Report for STY 96-04. 2. The requested vacation is for that portion of Center Street abutting Lot 17, Block 1, of Illinois Addition, Township of Port Angeles, identified in Attachment "A" of the August 14, 1996, Planning Department Staff Report for STY 96-04. 3. In 1994, the City vacated an equal portion of Center Street across the alley and directly north of the subject area [STY 94(09)05]. 4. The vacating of a street is categorically exempt from threshold determination and Environmental Impact Statement requirements per Section 197-1 1-800 (2) (h) of the Washington Administrative Code. 5. The subject right-of-way and adjacent properties are designated Low Density Residential by the Citis Comprehensive Plan and are zoned RS-9. 6. There are no utilities located in the subject right-of-way. 7. The Public Works Department's comments are included as Attachment "B" of the August 14,1996 Planning Department Staff Report for STY 96-04. Conclus.ions.: A. The proposed vacation is consistent with the Comprehensive Planis Land Use Policy B,2 and 3 and Transportation Policy B, 18. B. Vacation of the subject right-of-way will not diminish the level of vehicular access to any lots in the area. C. Vacation of the subject right-of-way will not impact the surrounding grid street pattern. D. Retention of the subject right-of-way does not serve a public purpose while its vacation will allow collection of property tax for the property. The motion was seconded by Commissioner Nutter and passed 4 - O. STREET V ACA TION..eEIITLO..N-=-SIY3..6{OB)DkSEY.ERSD.N.-East One:HaILoiYineJitre.et_betweeTI-Whidby_and-.YashonBtre.ets; Request for vacation of the east one-half of Vine Street. Planning Office Specialist Sue Roberds reviewed the Planning Department's staff report recommending approval of the petition as requested. By use of an overhead projector, structures in the area were shown to encroach onto the neighboring properties by as much . . . Planning Commission Minutes - AUglLIt 14. 1996 Pnge 3 as thirty feet in some cases. The proposal is part of an effort to correct the encroachments and properly align the property lines for each ownership. Chair King opened the public hearing. Bob Winters, 261641 Highway 101, Sequim, complimented staff on the background analysis prepared for the petition under consideration. He reiterated that the need for the right-of-way abandonment is the result of a pattern of development that began perhaps thirty years ago when the most easterly home on the block and the most westerly structure (apartment) on the block in question were constructed over neighboring property lines causing interior lot development to be flawed. The proposal is an attempt to correct an old error and would place the property on which a portion of an apartment building has been situated for many years on the City's tax role. There being no further comment, Chair King closed the public hearing. Commissioner Nutter moved to recommend approval of vacation of the right-of-way as proposed with the following condition, and citing the following findings and conclusions: Condition: 1. An easement shall be retained for utility purposes as required by the City's Light Department for that portion of the WhidbyNashon alley that abuts Lot 10, Block 6, PSCC Second Addition to Port Angeles, extending west to the centerline of vacated Vine Street. Eindings.: 1. The applicant for the requested vacation is Dr. 1. A. Severson. The application/petition is attached as Attachment "A" of the August 14, 1996, Planning Department Staff Report for STV 96(08)05. 2. The requested vacation is for the east one-half of the Vine Street right-of-way abutting both Lot 10, Block 6, PSCC Second Addition, Townsite of Port Angeles and the north half of the alley within said Block 6 identified in Attachment A of the August 14, 1996 Planning Department Staff Report for STV 96(08)05. 3. The adjacent portions of the west one-half of Vine Street were previously vacated. 4. As evident on the site plan included in Attachment "A" of the August 14, 1996, Planning Department Staff Report for STV 96(08)05, the applicant's apartrnent building and each of the residences on the three lots to the east extend onto the adjacent lots by a considerable amount. The owners of these four lots, in an effort to correct the resulting non-conforming status ofthe existing structures, applied for a short plat in order to match the lot lines with the physical locations of the existing development. 5. The vacation of Vine Street is required before final approval ofthe short plat. . . . Planning Commission Minutes - Augusl14, J 996 Page 4 6. The vacating of a street is categorically exempt from threshold detennination and Environmental Impact Statement 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. " 8. There are no utilities located in the subject right-of-way adjacent to Lot 10, Block 6, PSCC Second Addition, Townsite of Port Angeles. 9. City Light facilities are located in the south half of the alley located in Block 6, PSCC Second Addition, Townsite of Port Angeles. 10. The Public Works Department's comments are included as Attachment "B" of the August 14, 1996, Planning Department Staff Report for STY 96(08)05. 11. The Planning Department reported that the City's Light Department corrected their memorandum, Attachment "D" to the staff report prepared for STY 96(08)05, in the opening presentation for the public hearing by stating that a representative of the City Light Department identified the utility corridor in the WhidbyNashon alley as being the south one-half of the alley and therefore there is no objection to the request as proposed. 12. The applicant's representative suggested at the public hearing that a utility easement be retained by the City in the north one-half of the WhidbyNashon alley where it is vacated. Conclusions; A. Vacation of the east one-half of the Vine Street right-of-way abutting Lot 10 and the north one-half of the alley within Block 6, PSCC Second Addition, Townsite of Port Angeles, is consistent with the Comprehensive Plan1s Land Use Policy B.2 and 3, and Transportation Policy B.I8. B. Vacation of the east one-half of the Vine Street right -of-way and the north one-half of the alley abutting Lot 10 within Block 6, PSCC Second Addition, Townsite of Port Angeles will not diminish the level of vehicular access to any lots in the area. C. Vacation of the east one-half of the Vine Street right-of-way and the north one-half of the alley abutting Lot 10 within Block 6, PSCC Second Addition, Townsite of Port Angeles will not impact the surrounding grid street pattern. D. Retention ofthe east one-half of the Vine Street right-of-way and the north one-half of the alley abutting Lot 10, Block 6, PSCC Second Addition, Townsite of Port Angeles does not serve a public purpose, while its vacation will allow collection of property tax for the property and benefit the applicant as well as adjoining neighbors by allowing the correction of the non-confonning status due to past surveying errors. . . . Planning Commission Minutes - August 14. J 996 Page 5 Commissioner Reed seconded the motion, which passed 4 - O. The Chair caned for a break at 8:45 p.m. The meeting reconvened at 8:50 p.m. MIlNlCIP AL CODEAMEMlMENT - MeA 96(08)09 - CITY OF PORI ANGELES,DtyJride.: A proposal to amend Chapter 15.24.060 (Wetlands) of the Port Angeles Municipal Code to allow for clarification with ESHB 1724 in the processing ofland use permits. Planning Director Brad Conins presented the Planning Department's recommendation for approval of the amendment as proposed and eXplained that in the revision ofthe Municipal Code for compliance with ESHB 1724, the procedure to process wetland pennits had been overlooked for compliance. The amendment shortens the time period originany required for wetland permit processing. Chair King opened the public hearing. There being no public comment, Chair King closed the public hearing. -. Commissioner Reed agreed with the proposal noting tbat it accelerates the permitting process and moved to recommend approval of the Municipal Code Amendment as proposed citing the following findings and conclusions: Eindings.: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendments: Land Use Element Goal A, Goal I, Policy 1.1, and Policy 1.2, and conservation Element Goal A, Policy A.1, Policy A,2, Goal B, Policy B.1, Policy B.2, Policy B.4, Policy B.5, Policy B.6, Policy B.7, Policy B.8, Policy B.14, and Objective B.6. 2. This action is exempt from SEP A review under WAC 197-11-800(20). 3. Public hearings were scheduled for August 14, 1996, before the Planning Commission and for September 3, 1996, before the City Council. 4. The City is required to comply with the provisions of Engrossed Substitute House Bill (ESHB) 1724. 5. The amendments are procedural in nature. Conclusions.:. A. The Municipal Code Amendment is consistent with the Comprehensive Plan Goals, Policies and Objective, specifically those found in Finding No.1. . . . Planning Commission Minutes - August 14. 1996 Page 6 B. The Municipal Code Amendment is consistent with the intent of Chapter 15 of the Port Angeles Municipal Code. C. The Municipal Code Amendment is in the public use and interest since it provides a permit review process that is timely and gives an opportunity for the City's legislative body to hear public testimony under appeal. Commissioner Nutter seconded the motion, which passed 4 - O. MUNlCIP AL CODJ:A.MENUME.NT - MeA 96(0.8)10~_CIIY.o~ORI AN..GELES,_City--1ride.: A proposal to amend Chapter 15.08 of the Port Angeles Municipal Code revising the City's Shoreline Management Regulations in compliance with ESHB 1724. Planning Director Brad Collins presented the Planning Department's staff recommendation of approval for the proposed amendment to the Port Angeles Municipal Code. The amendment incorporates the mandates ofESHB 1724 and reflects administrative procedures (previously referred to as Chapter 8 ofthe City's Shoreline Master Program) which were not earlier adopted in the Shoreline Master Program. Instead of the more detailed Chapter 8 as originally proposed, the City's Attorney drafted alternate language which by reference to the RCWs and WACs identifies the procedures for shoreline administration. The proposal is somewhat of a housekeeping measure that brings the City's processing of shoreline substantial development applications into compliance with state law and other applications procedures recently adopted per ESHB 1724 requirements. Chair King opened the public hearing. There being no comment, Chair King closed the public hearing. Commissioner Nutter moved to recommend approval of the Municipal Code Amendment as proposed by staff citing the following findings and conclusions: Eindings.: 1. The Washington State Legislature passed Engrossed Substitute House Bill 1724 during the 1995 legislative session. 2. ESHB 1724 required cities and counties to change local permit review processes in accordance with the statute by March 31, 1996, and to process development permits in compliance with the state mandated requirements starting on April 1, 1996. 3. Representatives of the Port Angeles development community and the public were asked to identify ways in which the local penuit review process could be changed and to help educate future permit applicants about the requirements ofESHB 1724. 4. The proposal or adoption oflegislation, rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures containing no substantive standards respecting use or modification of the environment is exempt from the State Environmental Policy Act [WAC 197-11-800(20)]. . . . Planning Commission Minutes. August 14,1996 Page 7 5. The City Council and Planning Commission held public hearings on amendments to the Port Angeles Municipal Code for compliance with ESHB 1724 in March, 1996, but inadvertently did not amend administration sections of Chapter 15.08 (Shoreline Management) in that review. 6. A public hearing was held per Section 17.96.140 of the Port Angeles Municipal Code before the Planning Commission on August 14, 1996, and before the City Council on September 3, 1996, for consideration of the proposed amendment. Conclusio.ns.: A. The public and development community participated in changing City ordinances governing local permit review procedures. B. The proposed and recommended PAMC Amendments meet the requirements of the State statutes including ESHB 1724. C. The proposed P AMC Amendments are in the public interest and can be implemented within the resources allocated for permit review and action by City officials. Th'e motion was seconded by Commissioner Craver and passed 4 - O. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Mrs. Roberds reminded the Commissioners that historically the second meeting in August is canceled as long as no applications are pending to allow Commissioners time to vacation for a short time between meetings. The Commissioners unanimously agreed to cancel the August 28, 1996, meeting. REPORTS OF COMMISSIONERS Commissioner Nutter invited all the Commissioners and staff persons to the Clallam County Fair. ADJOURNMENT The meeting adjourned at 8:10 p.m. ~ ;L-, Brad Collins, Secretary Bob King, Chair PREPARED BY: S. Roberds . . PLEASE SIGN IN CITY OF PORT ANGELFS Planning c~ Attendance Roster . Meeting Date: ~ J~ /99y , u,':.\:.:,:;:.'.O:., .... ....:N~::.:.:.!.:.f::i::!.;l::...:'..:u. 0: .. :...... .:.;'::;'; P!t.'..;:;::.::?:.:.:..:{:::.:!ir..:';....::{:;:.:;.::t:".:':',,::,'.:AntiRR~S; , ( 'AiM. p,~ JJI^; 0 ~~- .J-u--,.JL i I 0 ~ UIJ..A.a A-oe [/Jlv }\()'J ftl1vi'tcoV\ I (07;J L.ctr: t~ 14-r).{ ('Pl-l- I I '