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HomeMy WebLinkAbout09091993 Ag Min .' . . . ~ City of Port Townetd e Planning Commission 540 \Vater St., Port Townsend, WA 98368 2061385·3000 PLANNING Co.MMISSION AGENDA (Revised) Business Meeting September 9, 1993 I. ROLL CALL II. APPROVAL OF MINUTES: August 19, 1993 III. ELECTION OF OFFICERS IV. COMMUNICATIONS: Current mail V. OLD BUSINESS A. David Green, Short Plat #9306-04 1. 2. 3. 4. Staff report (Bloomfield) Public testimony Committee report (Enarson/Welch) Commission discussion and conclusions VI. NEW BUSINESS A. 1994 Budget Discussion B. American Planning Association Membership Discussion C. Set special meeting for public hearing and recommendations on the Urban Growth Boundary D. Schedule Ramey Conditional Use Permit for Quorum Decision VII. ANNOUNCEMENTS: Next Scheduled Meetings The joint Planning Commission, City Council and Transportation Planning Advisory Committee (TPAC) workshop on the draft Arterial Street Plan has been rescheduled from September 15 to September 27, 1993 at 7:00 PM. September 15. 1993 Joint Planning Commission/City Council Urban Growth Boundaries Workshop Held in Council Chambers at 7:00 PM - . . . .. e Planning Commission Agenda September 9, 1993 Page Two September 30. 1993 Port Townsend School District Grant St. School Addition--Conditional Use Committee: Erickson/Baird High School Addition--Conditional Use Committee: Rickard/Baird October 14. 1993 Port Townsend School District Rezone and Conditional Use for New Middle School Committee: Thayer/Enarson VIII. ADJOURN e , r ./ . . Guest List Meetillg of: Pt-/Ï-l1Iø::::¡", (j;:M/-IJ25/0Al Purpose: J)q.1//~b [/.l~e / '. OP"F -¿¡:}r Date: c¡-r¡~ '11 I Name (pl.... """ l T~=~mron~~ I t..-- ~ · · · .¡:\ . ,e City of Port Town_d e Planning Commission 540 Water St., Port Townsend, WA 98368 206/385.3000 Planning Commission Minutes Business Meeting September 9, 1993 1. ROLL CALL Chair Lois Sherwood called the meeting to order at 7:05 PM. Members present were Karen Erickson, Lisa Enarson, Ernie Baird, Cindy Thayer and Mark Welch. Bob Rickard was excused. Staff members present were Darlene Bloomfield, Michael Hildt and Sheila Spears II. APPROVAL OF MINUTES: August 19, 1993 Motion to approve the minutes of August 19, 1993, as corrected, was made by Erickson and seconded by Thayer. All were in favor. III. ELECTION OF OFFICERS The Commission voted unanimously to continue with the same officers until the next commission election date in March 1994. IV. COMMUNICATIONS: Current mail V. OLD BUSINESS A. David Green, Short Plat #9306-04 Thayer announced that she lives close to the subject area and feels it would not affect any decision she would make. The applicant was asked if it was acceptable to him for her to sit on the hearing. The applicant requested that Thayer disqualify herself. Thayer excused herself from the proceedings. I. Staff Report (Bloomfield) Bloomfield referenced several citizen letters and reported on the draft Findings of Fact and Conclusions which states that only Option C, as described in the staff report, remains for reasonable consideration for subdivision. Option C provides for development of a 30-foot-wide access and utility easement, and 20-foot-wide access road in vacated 6th Street from Cleveland Street to the site. Erickson asked for clarification on the location of the access road, T turn-around and parking shown on the revised short plat. Bloomfield explained the site plan and said that one of the conditions of the preliminary plat would be that the applicant supply a more specific plan. · · · e e Planning Commission Minutes September 9, 1993 Page Two Enarson said that she wanted it made clear that the Commission is only addressing Option C. 2. Public Testimony Michael Anderson, NTI Engineering, spoke on behalf of the applicant. He thanked staff for its detai1edana1ysis of the proposal and said they agree with the conditions as proposed. Anderson volunteered to help explain the access. Bloomfield explained the access easements. Irwin Jones, attorney for the applicant, stated that his client doesn't have any objections to the conditions proposed by staff. He commented on citizen letters that addressed access and said there appears to be some problems with those accesses and this commission shouldn't have to address those problems. He said his client is happy with Option C. Jones said that the staff report adequately addresses all of the issues. Keith Harper spoke on behalf of his clients, Barbara and Mike Soskin, saying they don't have the argument they anticipated having. The Soskins live at 612 Wilson Street, located directly north of the Green property. Harper said that the Soskins have an interest in both of the vacated streets because of the lots they own. He explained the communication that he had submitted for the record. Harper also included for the record the City ordinance which vacated Gise and Wilson streets in 1948, and a letter to Soskin from Jefferson Title determining there was no right of access over vacated Gise Street. He agreed with Jones that this is not the body to determine the access routes of Gise and Wilson and said they should not be left to be used in the future. Harper said that the rights of access over these two streets has come up in the past and he has been advised that Dr. Green at various times has approached some of the neighbors requesting access over Gise and Wilson. Green submitted a rezone in 1992 for a rezone for a medical clinic which made provisions for access to Tax Lot 4 through the use of vacated 6th Street. Harper asked that the short plat not be approved if any access would be allowed from Gise or Wilson streets now or in the future. He said that his clients don't have any other objections to the short plat. Bob Murray (628 Gise Street) agreed with what Mr. Harper said. He mentioned that this was gone through a few years back. Victor Coster (909 7th Street, on the corner of Gise & 7th Street) gave a history of acquiring his property and building his house. He said if they cut Gise Street through it would damage his property and all of the landscaping. It was originally farming acreage owned by the Catholic Church. He also stated that he wants this subject buried. Robert Gibson (7th & Wilson Street) said that he wanted to re-emphasize that when they purchased their property in 1977, Wilson Street was represented to them as a vacated street. · · · e e Planning Commission Minutes September 9, 1993 Page Three The sellers representation was backed up by title insurance and the Gibsons have been paying real estate taxes on it since 1988. He said they would not approve of anything that would provide any access except for vacated 6th Street. Susan Carswell asked Dr. Green if this is the end of this. Sherwood stated that Ms. Carswell was out of order and all questions should be addressed to the Commission and that personal questions cannot be dealt with in this forum. Richard Thompson (627 Wilson Street) said they bought with the understanding that Gise and Wilson Streets were private and they want them kept that way. Brett Swigart (610 Gise Street) read a letter on behalf of his parents, Byron and Barbara Swigart, that he wanted submitted for the record. He said that he is in opposition to any approval of Mr. Green's Short Plat based upon any current or future anticipated use of vacated Gise or vacated Wilson Streets as access to Mr. Green's property. Swigart requested that all letters and records in the City's file on this project be made a part of these proceedings and said that the information contained in the City's file will establish that Mr. Green had previous knowledge of these facts when submitting his application. Irwin Jones addressed the various comments saying that 1) Harper argued eloquently and agreed with the applicant's proposal and does not object to my client using 6th Street; 2) Murray argued about the use of Holcomb but that is not a part of the application; 3) No argument with Coster he argues against Gise; 4) Gibson didn't raise any objection to vacated 6th; 5) Carswell wanted to ask Mr. Green a question that he doesn't have to answer; 6) Thompson is consistent with the application before this body; and 7) Swigart objects on behalf of his parents about Gise Street. Jones said there is no argument and asked that this board recommend for approval of the application. 3. Committee Report (Enarson/Welch) Enarson said she walked the property and feels she has a clear knowledge of the application and asked about the existing interceptor sewer line. She said that by granting the access easement on 6th Street we are in no way providing potential easement for other areas that would not conform with city codes. She said she sees the potential of adjoining lots asking Green for easement for access and recognizes there is a potential for access to Block 240 or other lands which he owns. She asked if the language is clear enough. Jones said that Green intends to use vacated 6th Street for his own benefit as well as for lots 1,2, and 3. He doesn't intend to use it for anybody else. Enarson expressed concern that private access may eventually turn into additional access. · · · e e Planning Commission Minutes September 9, 1993 Page Four Hildt said some legal help may be needed on this language but it was not the intent of staff to restrict the easement in some way that would be an obstacle to Dr. Green's use of the easement for his personal use or grant to of his own choice to others. It was merely to make sure that the easement was in favor of the owners of lots 1,2 and 3, and also that this is a private access easement and not public and available to the public. We should make certain the language is clear and legal. Baird asked Enarson if she is proposing any restriction. Enarson said she wants the language to be broadened so that the access is not limited to providing access to lots 1, 2 and 3. Jones said that just because it says for the exclusive use of lots 1,2 and 3 doesn't prohibit Green from expanding that to include others. Hildt asked Jones if he and his client are clear in the intent that the easement is for owners of lots 1,2 and 3 and is there anything in this language which could be interpreted from other uses of that easement other access to lots 1,2 and 3. J ones said they will broaden the language. Enarson said that on a private access road she wants to see a road maintenance agreement. The City's interest is well served by such an agreement. She asked if this could be required. Hildt said that he doesn't know of any reason why reasonable requirements cannot be made. Baird said that street maintenance could be added as a condition. Welch stated that he wants to be sure that the parking strip and shoulder don't eliminate the need for offstreet parking. Bloomfield said it would still be required to have two off-street parking spaces for each residence. Erickson asked for clarification on whether the Planning Commission or City Council makes the final recommendation. Bloomfield explained that the Planning Commission recommendation goes to Council for final approval and then the final plat comes back to the Planning Commission for final review. Hildt said that because of language yet to be submitted from the applicant which needs legal review the Commission could make a decision this date in terms of intent and can then, with the help of legal counsel, come back and do a final review of the language. Approval would be for a preliminary plat and there would be final plat approval within three years. 4. Commission Discussion andConc1usions Motion was made by Enarson that Short Plat #9306-04 be approved as conditioned, including the request for additional language to be worked out between the applicant and staff. Seconded by Welch. All were in favor. . . . e e Planning Commission Minutes September 9, 1993 Page Five VI. NEW BUSINESS A. 1994 Budget Discussion Hildt gave an overview of the process for the proposed 1994 budget and asked the Commission members for their thoughts about the budget issues as well as budget requests for things such as materials, conferences, training and level of staff support. Welch explained a cablevision connect within the City that could be a good communication source. Baird expressed appreciation for the excellence of the preparation by staff and said that what little money is available should be put into people. He said the Commission is positive because it is so well supported by staff. B. American Planning Association Membership Discussion Hildt explained that the American Planning Association is working on creating a planning commissioner division which he thinks is a very positive step. Hildt attended a round-table meeting on this recently and it was very well received. They recognize that a tremendous amount of planning is being done by others than just planners. It would be a focus and training and more things could be done here on the Peninsula so that Planning Commission members can have more trainings and workshops. He said they wouldn't be required to participate but it would be available. He produced a petition and asked if the commissioners were really interested in it. He recommended it and asked that those who are interested sign so it can be added to the state wide petition. C. Set special meeting for public hearing and recommendations on the Urban Growth Boundary Hildt explained there is an Urban Growth Boundary workshop meeting on September 15, and after that meeting it will be necessary for the Planning Commission to have a public hearing and meeting(s) to come to a recommendation. He said it looks very doubtful we will be able to meet the schedule the County is requesting. The Commission expressed uncomfortableness with setting a hearing before knowing what is being talked about. Workshop meeting was set for October 7 and a public hearing was set for October 21. There are now three meetings scheduled for October. Hildt said we will not schedule anything for October 28. · · · e e Planning Commission Minutes September 9, 1993 Page Six D. Schedule Ramey Conditional Use Permit for Quorum Decision Bloomfield explained that a quorum has to vote and since the Ramey Conditional use Permit hearing had a quorum at roll-call but not at time of vote, the hearing will have to be repeated. Notice will be mailed to those who came and then for the record there will be a review of what occurred and remind the Commissioners on the record that they have a draft Findings & Conclusions and ask if they have any questions. VII. ANNOUNCEMENTS: Next Scheduled Meetings VIII. ADJOURN Motion to adjourn the meeting was made by Thayer. Seconded by Baird. All were in favor. Meeting adjourned at 9:00 PM. ~~ Sheila Spears Planning & Building Assistant