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HomeMy WebLinkAboutMinutes 09/26/2012 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 26, 2012 6:00 p.m. ROLL CALL Members Present: Doc Reiss, David Miller, Duane Morris, Scott Headrick, Thom Davis Members Excused: John Matthews, Tim Boyle Staff Present: Scott Johns, Roberta Korcz, Heidi Greenwood Public Present: Katherine Occhiogrosso PLEDGE OF ALLEGIANCE Chair Miller opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Morris moved to approve the September 12, 2012, regular meeting minutes as presented. The motion was seconded by commissioner Reiss and passed 4—0. PUBLIC HEARINGS: STREET VACATION PETITION — STV 12-03 — OCCHIOGROSSO — Petition to vacate a portion of the Glenwood/Fountain Alley abutting lots 4 through 17, Pennsylvania Park Addition. Associate Planner Scott Johns reviewed the staffs report recommending approval of the requested street vacation action. He noted that the public right-of-way has never been open to the public and does not contain utilities or other improvements that would require easement. There has been no written comment regarding this action that was posted for potential land use action. Chair Miller opened the public hearing. Petitioner Katherine Occhiogrosso was present and briefly discussed the action. Chair Miller closed the public hearing. Following brief discussion and identifying incorrect language in one finding and one conclusion, Commissioner Reiss moved to recommend approval of the street vacation action subject to I condition, supported by 10 findings and 5 conclusions. Condition: 1. 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. Planning Commission Mimics Seple,mber 20,2012 Page 2 Findings: I A petition requesting vacation of right-of-way platted to serve as an alley in Block 18 abutting Lots 4— 17, Pennsylvania Park Addition was submitted to the City on August 15, 2012. The area was platted in 1890, and was annexed into the City in 1965. The right-of-way is 20' in width and 350' in length for a total area of 7,000 sq. ft. 2. RCW 35.79 requires that a petition for vacation of right-of-way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by 83% of the abutting property owners. 3. The City's Public Works and Utilities and Fire Development Department staff reviewed the petition. No objections or concerns were raised as a result of the review. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way.. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 5. The City's standing policy has been to assist abutting property owners to vacate unopened rights-of-way that may have been vacated by statute without requiring compensation. 6. 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. 7. The site was posted regarding the proposed land use action on August 29, 2012, with legal publication appearing in the Peninsula Daily News on August 30, 2012. Notice of the action was mailed to abutting property owners who were not party to the requested action on August 29, 2012. No written comments have been received. 8. Consolidation of the right-of-way with the abutting properties following vacation can be accomplished by filing a Zoning Lot Covenant. 9. The Port Angeles City Council set a public-hearing date for action on the street vacation petition by Resolution on September 18, 2012. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on September 26, 2012. Conclusions: A. Vacation of the subject portion of alley 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 to public facilities. B. No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clallam 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 Clallam County 1906 Road Statute. Planning(70minission Minutes September 26,2012 Page 3 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 Headrick seconded the motion which passed 5-0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS The remaining facade improvement grant applications and recommendations thereon will be on the next Planning Commission agenda. REPORTS OF COMMISSION MEMBERS Commissioner Headrick commented on findings of flow rates relative to a previous application before the Planning Commission. ADJOURNMENT The meeting adjourned at .30 p.m. Scott K. JoVs, Sec!'etary Dave Miller, Chair PREPARED BY: S. Johns