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HomeMy WebLinkAboutMinutes 09/26/2001 ~o I I . . '~I ~.~ 1'-..~ ! ~! :~I ~.~_ .J ~ - VIII. . CJ TY 0 F e I. II. III. IV. V. VI. VII. FORTANGELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street September 26,2001 CALL TO ORDER 7 p.m. ROLLCALL APPROVAL OF MINUTES: Meeting of September 12,2001. PUBLIC HEARING: STREET VACATION PETITION - STY 01-04 - HOfFNER. Portion of Grace Street: Request for vacation of 30 feet of Grace Street abutting Tax Parcel 1786 in H. Maguire's Addition to the Townsite of Port Angeles. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT PLANNING COMMISSIONERS: Linda Nuttcr (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mary Craver, Rick Porter PLANNING STAFF: Brad Collins, Planning Director; Debra Barnes, Associate Planner; Sue Robcrds, Planning Specialist. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 26, 2001 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Linda Nutter, Chuck Schramm, Fred Hewins Members Excused: Mary Craver, Rick Porter Staff Present: Brad Collins Public Present: None APPROVAL OF MINUTES Commissioner Norton asked for a clarification to the Planning Commission September 12, 2001, minutes on page 7 combining the last and third to last sentences in the first paragraph under CUP 01-07. Commissioner Schramm corrected a clerical error by deleting the word "to" in the first sentence on page 3, stated he would need to abstain on the first part of the minutes since he was not in attendance for the first item of the September 12 meeting, and noted a correction to the spelling of James Willis' name. Chair Nutter corrected a clerical error by adding a semicolon and deleting the word "as" in the third sentence in paragraph 6 on page 3 and noted a change from Albert to Front Street in paragraph 5 on page 4. Commissioner Norton moved to approve the September 12, 2001, minutes as corrected. The motion was seconded by Commissioner Philpott, and passed unanimously, with Commissioner Schramm abstaining from the vote on the minutes regarding CUP 01-06, due to absence for that particular item at the meeting, and Commissioner Hewins abstaining due to absence at that meeting. PUBLIC HEARINGS: STREET VACATION PETITION - STV 01-04 - HOPFNER. Portion of Grace Street: Request for vacation of 30 feet of Grace Street abutting Tax Parcel 1786 in H Maguire's Addition to the Townsite of Port Angeles. Community Development Director Brad Collins presented staffs report. He noted that the map shows the confusion of the old platted Grace Street and the actual Peabody Street improvement and that the southerly 30 feet of Grace Street is not proposed for vacation because it needs to be dedicated to connect Hillcrest Drive to Peabody Street. Commissioner Schramm asked why not vacate all of the Grace Street unopened right-of-way that is not needed for the 70 feet of Peabody Street right-of-way and place the property back on the tax rolls. Director Collins stated it is possible that would be done at the time improvements to the right- . . . Planning Commission Minutes September 26, 200 I Page 2 of-way are made. At this time it would require additional costs to survey the right-of-way line, and neither the City nor the applicant would like to incur those additional costs. Commissioner Schramm was concerned that the applicant may have to buy the right-of-way that could be obtained simply by swapping now. He felt a survey could be avoided by rewriting the conditions to say that the applicant's property would be from 70 feet from the east side of Peabody Street. Director Collins agreed that Condition 2 could be relied upon and that Condition 3 could be rewritten to say that the applicant shall exchange the 30 feet abutting Hillcrest Drive for the unopened Grace Street right-of-way with the exception ofthe 70 feet of right-of-way for Peabody Street. However, the concerns about the legal arguments over vacating unopened right-of-way then may need to be addressed. Commissioner Hewins disagreed with Commissioner Schramm's assessment because we do not know where the Peabody Street right-of-way is. Director Collins said that we know that the Peabody Street improvements are not properly within the right-of-way, and this raises the legal question - did the City basically move the right-of-way to the east where the street is (like an adverse possession). Commissioner Hewins asked about whether there is any more of Grace Street. Director Collins said that the answer is yes and that the City has vacated unopened right-of-way on a case by case basis, mostly to the north, although this particular property is undeveloped and it is important to obtain this right-of-way before development occurs. Commissioner Hewins asked whether the applicant has made any comments to the staff regarding the conditions. Director Collins said no comments have been made. Commissioner Philpott sought clarification of the south 30 feet of Grace Street that would become part of the 30 feet of Tax Lot 1786 that would be dedicated to Hillcrest Drive in the exchange. Director Collins pointed out that the primary reason for the street vacation petition and exchange is to clear title both to the applicant's property and to the rights-of-way, which is the public interest as well as the applicant's private interest. Chair Nutter opened the public hearing. There was no public testimony. There being no public testimony, Chair Nutter closed the public hearing. Commissioner Hewins asked if the no-protest LID agreement could force the applicant to have his own local improvement district or join an LID for other improvements. Director Collins said that the City would not force the formation of a single property LID, since the improvements could be required ifthe property develops, and that the record shows the no-protest agreement only applies to sidewalk improvements. Commissioner Schramm asked if the stormwater drainage improvements would be required if development occurs. Director Collins answered yes. . . . Planning Commission Minutes September 26, 200] Page 3 Commissioner Philpott moved to recommend approval STV 01-04 to the City Council, citing the following 4 conditions, 13 findings, and 9 conclusions: Conditions: 1. The vacation is for only the westerly 30 feet of the Grace Street unopened right-of-way, except the south 30 feet, abutting Tax Lot 1786, H. Maguire's Addition to the Townsite of Port Angeles. 2. The City shall retain 70 feet of right-of-way west of the east curb line of Peabody Street. 3. The applicant shall exchange the 30 feet of property abutting the north side of Hillcrest Drive to the City for the westerly 30 feet of unopened Grace Street, except for the south 30 feet, which shall be dedicated as part of Hillcrest Drive. 4. The applicant shall sign a no-protest Local Improvement District agreement for the installation to City standards of a sidewalk on Peabody (Grace) Street right-of-way abutting Tax Lot 1786, H. Maguire's Addition to TPA. Findings: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. A petition for vacation of right-of-way was submitted by Edward A. Hopfuer on August 10, 2001. 2. The proposed street vacation is for a portion of Grace Street abutting Tax Lot 1786 in H. Maguire's Addition to the Townsite' of Port Angeles as shown on the map in Attachment C to the DCD Staff Report of September 26, 2001 3. The purpose of the street vacation is to clear title to Mr. Hopfuer's property and to exchange unneeded right-of-way for needed right-of-way at the corner of Grace (Peabody) Street and Hillcrest Drive. 4. Peabody Street is an arterial street on the City's Circulation Plan Map and is a school walking route. 5. The Public Works Department had the following comments: a) It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. . . . Planning CommiSSion Minutes September 26, 2001 Page 4 b) Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. The exchange of 30' right of way along Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. c) 6. The Fire Department and the Police Department have no objections to the proposed street vacation. 7. The topography of the unopened Grace Street and Hillcrest Drive rights-of-way and the abutting properties slope from north to south and from east to west allowing stonnwater runoffto go toward Old Mill Creek via Hillcrest Drive. 8. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. 9. The subject property is designated as Low Density Residential (LDR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. 10. The Community Development Department found the proposed street vacation as conditioned to be consistent with the Comprehensive Plan goals, policies, and maps. 11. The vacating of a street is categorically exempt from a SEP A threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt. . . (h) The vacation of streets or roads." 12. Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on August 10, 2001, and no public comments were received during the publication and posting period. 13. This action constitutes a recommendation to the City Council, who have scheduled a public hearing for consideration of the petition at its October 16,2001, regular meeting. Conclusions: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: . . . Planning Commission Minutes September 26, 200 I Page 5 A. As conditioned, traffic patterns on Peabody Street would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. B. As conditioned, the low density residential development patterns in the area will not be affected by the proposed vacation. C. Any future improvements to Hillcrest Drive would require stormwater improvements to City standards and protect Old Mill and Valley Creeks. D. The vacation of the proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of-way and utility easements, including future storm drainage facilities, are required. E. The proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. F. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policies have been found to be most relevant to the proposal: Land Use Policies 8.1 and 8.3, Transportation Goal A, Policies A.2 and A.3, Goal B, Policies B.ll and B.l2, Utilities and Public Services Goal D, Policies D.1, D.S, and D.6, and Capital Facilities Goal B, Policies B.l and 8.2. G. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. H. Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of development or LID formation. I. As conditioned, the street vacation and the right-of-way exchange are in the public interest. Commissioner Hewins seconded the motion, which passed 5-0. Director Collins indicated that Commissioner Schranun's concerns would be noted in the minutes and that the City Council could address them should they choose to do so. In response to Commissioner Philpott, Director Collins said the Peabody Street right-of-way and the unopened Grace Street right-of-way merge and do not leave a gap of private property between them as shown on the map, since the Peabody Street improvement and not the right-of-way is shown. Planning Commission Minutes September 26,2001 Page 6 . COMMUNICATIONS FROM THE PUBLIC . . None STAFF REPORTS Director Collins reported the proposed promotion of Sue to an Assistant Planner position and an update on the decision of the applicant for the Associate Planner position. We may need to hire temporary staff to assist Sue and Brad. REPORTS OF COMMISSION MEMBERS ChaIT Nutter noted the City's web page needs updating. She also pointed out the Traffic Committee was trying to coordinate trail signs. Director Collins said there are several names for the trail at various locations. Commissioner Schramm was curious about pedestrian access to Francis St. Park and a crosswalk at Francis Street across Front and First Streets from the YMCA and City Parks to the Waterfront Trail and Francis St. Park. He suggested marking/painting the crosswalks for better safety, and Commissioner Philpott agreed. Director Collins said he would pass the concerns on to the Public Works and Parks and Recreation Departments. Commissioner Philpott said 8th Street improvements are getting worse. Paving of Lauridsen Blvd and Edgewood Drive "S" curve also a problem. Commissioners should talk directly with the City Engineer to get answers. Director Collins confirmed the cutoff pilings that Commissioner Schramm had identified early and we are still trying to figure out how to address this problem. The RayonierlK-Ply dock out on the spit is going to collapse. Director Collins will get notice about the old A-frame dock to the Port. ADJOURNMENT The meeting adjourned at 7:55 p.m. ~ G,./JI' .;;> Brad Collins, Secretary ~,~ L nda Nutter, C ir . · ~ORTANGELES WAS H r N G TON. U. S. A. PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET N Meeting Agenda of: 4 / u 10 I I . PLEASE NOTE: IE you pian to testify, by signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. . Signature below DOES NOT REQUIRE you to testify - it only acknowledges your presence. NAME: ADDRESS: Agenda Item No. "'-^> ~ ~ .