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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 PRINT NAME ADDRESS AGENDA ITEM yeno/4&r, ...go,r c// 5 .4 I.,d lee Mb.. .1- .6-z _s- 98 69 ?(Cl1 arc/ t der°&el fot-f �(/c q y S �j r I 0 ItlL,1Gr(Y I, /(�rYJt rc f I N S He 4S I 4 C/1962 l or- n f(V /q )b I 1"IOAto Nol 153 M' Iks or+ p PORTANGELES W A S H I N G T O N U S A PLEASE SIGN IN To help us provide an accurate record of those in attendance, please sign in. If you do plan to testify, by your 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 MEETING DATE OL I 1