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HomeMy WebLinkAboutMinutes 07/05/2011• CALL TO ORDER- CITY COUNCIL MEETING Port Angeles, Washington July 5, 2011 Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, and Mania. Members Absent: Councilmember Nelson. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, B. Coons, T. Pierce, A. Gates, S. Wright, B. Horton, R. Bonine, R. Korcz, T. Partch, H. Moore, D. Bellamente, S. Johns, E. Walrath, and T. Nevaril. Mayor Di Guilio stated that Councilmember Nelson had a family emergency and had asked to be excused from the Council meeting. It was moved by Mania and seconded by Downie to: Excuse Councilmember Nelson from the July 5, 2011, City Council meeting. Motion carried 6 -0. PLEDGE OF Mayor Di Guilio led the Pledge of Allegiance to the Flag. ALLEGIANCE: CEREMONIAL 1. Association of Washington Cities — Well City Award MATTERS/ PROCLAMATIONS/ Manager Myers presented the City's Wellness Committee Team with the WellCity & EMPLOYEE Award, stating that the designation saves the City 2% on health insurance premiums. RECOGNITIONS: He presented the team members with certificates and jackets. Human Resources Manager Coons stated that the support of top management was the key to the success of the program and presented Manager Myers with a jacket as well. PUBLIC COMMENT: Thomas Dammann, 2139 Sea Breeze, spoke in favor of removing trees at Lincoln Park to provide a better landing approach for air traffic. Devon Graywolf, 438 Lopez, spoke in opposition to removing trees at Lincoln Park and turned in additional petition signatures against the clear -cut of the trees at Lincoln Park. William Hunt, 438 Lopez, spoke in opposition to removing trees at Lincoln Park. Greg Halberg, 330 Vashon, spoke in support of the City partially funding the winter opening of Hurricane Ridge Road for seven days a week. CITY COUNCIL Councilmember Mania thanked City staff for a safe and successful 4th of July. REPORTS: 1 6913 6914 CITY COUNCIL MEETING July 5, 2011 CITY COUNCIL REPORTS: (Cont'd) WORK SESSION: Deputy Mayor Perry spoke regarding the City's softball tournament and barbeque, and his attendance with the Mayor at the most recent Saturday Farmers' Market. Councilmember Kidd spoke regarding the possibility of the City providing more education and information to the public about the new green bike boxes downtown. Mayor Di Guilio spoke regarding his appearance at the most recent Saturday Farmers' Market. 1. Action Communities for Health, Innovation & Environmental Change (ACHIEVE) Manager Myers conducted a presentation regarding the Action Communities for Health, Innovation and Envirnomental Change (ACHIEVE) program. He stated that Kyle Cronk from our local YMCA submitted the application and that the City of Port Angeles was chosen to participate as one of ten cities nationwide. He discussed the purpose of the program and the benefits it could bring to the community. He listed the many community members involved and stated that the program was a 2 to 3 year process. Council discussion followed. 2. Port Angeles Regional Chamber of Commerce / Quarterly Update Russ Veenema, Executive Director of the Chamber of Commerce provided an update on the Chamber's marketing efforts in 2011. He discussed how the marketing campaign was changing with the new tagline "The Authentic Northwest" and displayed some of the new advertisements and brochures. He discussed financial reports, room tax, sales tax, room occupancy, and number of website visits. Council discussion followed. Manager Myers discussed the State cutting the Department of Commerce's Tourism budget and stated that the City of Port Angeles will be a host to one of six meetings, state -wide, for the new tourism alliance group currently being formed. 3. Council Training / Public Works Contracting Issues Tabled. 4. Urban Canopy Assessment / Tree City USA Manager Myers stated that the City received a grant to conduct an urban canopy assessment. He also stated that the work session would include a brief presentation on the Tree -City USA program at the request of Councilmember Mania. Associate Planner Johns conducted a presentation regarding the Urban Canopy Assessment for the City of Port Angeles. He stated that the City has an overall canopy of 27.3 %, with more coverage in the private sector than the public sector, and that a 40% overall canopy is recommended. He stated that the assessment also evaluated neighborhoods, parks, open spaces, open water, impervious and pervious surfaces, and the tree canopy in public right -of -ways. He emphasized that the City gained baseline information, general locations for new potential planting, and a set of recommendations to move forward with. The recommendations were to set canopy goals, preserve and expand overall net canopy, identify areas for new plantings, promote tree canopy for stormwater management, promote community outreach, and encourage and facilitate collaboration and partnerships. He also discussed the requirements to become a Tree City USA, stating that 80 cities in Washington State already have this designation. Council discussion followed. 2 Break: • CITY COUNCIL MEETING July 5, 2011 Mayor Di Guilio recessed the meeting for a break at 7:21 p.m. The meeting reconvened at 7:31 p.m. PUBLIC HEARINGS- 1. Street Vacation Petition — STV 11 -02 Port of Port Angeles — Portion of West OTHER: 19th Street Ordinance No. 3431 PUBLIC HEARINGS — QUASI - JUDICIAL: Economic and Development Director West described the need for the street vacation stating that there is a new binding site improvement plan and that the City no longer needs the street right -of -way. Mayor Di Guilio continued the public hearing at 7 :32 p.m. There being no public comment he closed the public hearing. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3431 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of 19th Street within the Airport Industrial Park, Port Angeles, WA. 1(t was moved by Collins and seconded by Kidd to: Adopt the Ordinance as read by title, citing Condition 1, Findings 1 -13, and Conclusions A -C, identified in exhibit C, attached to this Ordinance. Motion carried 6 -0. 3. Street Vacation Petition — STV 11 -03 Rasmussen — Portion of unopened 5/6 alley West of Golf Course Road Director West requested the public hearing be continued to July 19, 2011. Mayor Di Guilio opened the public hearing at 7:34 p.m. There being no public comment he continued the public hearing to July 19, 2011. 1. Planned Residential Development Application — PRD 11 -01 Housing Authority of the County of Clallam --- Between Francis Street and Eunice Street and Lauridsen Boulevard and Park Avenue Director West stated that City staff recommended approval of the Planned Residential Development Application for the Housing Authority of the County of Clallam and that the project is very important for the whole community. Associate Planner Johns conducted a brief presentation regarding the scope of the project. He showed maps and layouts of the proposed project describing the general layout of the development including changing Francis Street to a through street to Park Avenue, and a new street on the east side of the development. He stated that the plan included 232 dwelling units with new Housing Authority office buildings, a community learning center, a new Boys & Girls Club, open space, and a community garden. He described the eight phases of the project, stating that residents will be relocated to current buildings throughout the process. He described the applicants requested parking variance and stated that the Planning Commission supported the variance. Council discussion followed. 3 6915 6916 CITY COUNCIL MEETING July 5, 2011 PUBLIC HEARINGS — QUASI-JUDICIAL: (Cont'd) Councilmember Kidd recused herself because of her business affiliation with the applicant. Director West asked Council to qualify their ability to hear the quasi - judicial matter fairly. Attorney Bloor stated the appearance of fairness doctrine rules and asked each Councilmember to state if they had any interest or involvement that would affect their ability to hear the matter fairly. He also stated that the audience can object if they believe any member of the Council cannot hear the matter fairly. Councilmember Mania stated that he has no relationship with the applicant and can hear the matter fairly. Councilmember Downie stated that he has no relationship with the applicant and can hear the matter fairly. Mayor Di Guilio stated that he has no business relationship with the applicant but has personal relationships with some of the members of the applicants group, however, he stated that he can still hear the matter fairly. Deputy Mayor Perry stated that he has no business relationship with the applicant but has personal relationships with some of the members of the applicants group, however, he stated that he can still hear the matter fairly. Councilmember Collins stated that his employer has a relationship with the applicant but that they have no involvement in this project or property. He stated that he would step aside if anyone in the audience wished him to do so. Councilmember Kidd stated that she would still recuse herself from the matter and vacated the Council Chambers at 7 :53 p.m. Mayor Di Guilio asked the audience if anyone objected to Councilmember Collins hearing the matter and no one responded. Councilmember Collins stated that he would not recuse himself and that he could hear that matter fairly. Council discussed access to Peabody Creek. Director West clarified Condition 13, stating that the City and applicant still disagreed on two issues; road width, and right -of -way requirements. He stated that the City standard was 60 feet of road right -of -way width, of which 34 feet is paved. He explained that the applicant was requesting 27 feet of paved road width because they did not need parking on both sides of the street. Council discussion continued. Councilmember Downie requested to hear the applicants view on these matters. Kay Kassinger, Development Director for the Housing Authority of the County of Clallam, discussed the project including the requested parking variances, road widths, and right-of-way requirements. She stated that the Housing Authority believed they were meeting the needs of their residents while providing as many units as possible in the development. She explained that the Housing Authority was providing ample parking for their residents and that forcing them to pave the full 34 feet would cause them to have to redesign portions of the development. Council discussion followed regarding emergency vehicle access, on- street parking, and sufficient levels of parking for the development. 4 CITY COUNCIL MEETING July S, 2011 PUBLIC HEARINGS — Assistant Civil Engineer Walrath addressed the issues concerning the interpretation of el QUASI - JUDICIAL: the Port Angeles Municipal Code as it relates to allowing street widths to vary. He (Coned) stated that the code did state that streets can vary in widths but that it only allows streets to exceed the minimum standards not be less than those standards. • Attorney Bloor stated that he agreed with Engineer Walrath's interpretation of the code. Councilmember Collins asked staff how the City handles low impact development standards. Director West replied that the City has numerous methods to implement low impact development standards and that they encouraged the applicant to use the City's planned low impact development technique rather than the PRD technique. Council discussion followed. Councilmember Collins requested adding a fence to Condition #12 to protect Peabody Creek. Council concurred this request was appropriate. Director West stated that there was still one issue with Condition #13 regarding the right -of -way dedication of Eunice Street. Council discussion continued regarding the use of a right -of -way dedication as opposed to an easement. Kay Kassinger stated that the Housing Authority wanted a 15 foot easement because the right -of -way dedication requirement will force them to decrease the number of housing units and overall parking. Council discussion followed. Engineer Walrath described the differences between a right -of -way dedication and an easement and stated that an easement was a variation from what the code required. He also stated that the City worked hard to compromise with the Housing Authority on this issue. Council discussion followed. It was moved by Collins and seconded by Mania to: Add modification to Condition No. 12, a barrier fence on the east side of the trail to discourage people from going in the critical habitat in the lower Peabody Creek ravine, and recommend changing Condition No. 13 to read 27 feet of pavement width and that the 15 feet be an easement. Motion carried 3 -2, with Di Guilio and Perry voting in opposition. Director West asked Council for clarification on the specifics to ensure that the City will have findings and conclusions consistent with the Council's decision. It was moved by Collins and seconded by Mania to: Recommend that the Council concur with the recommendations of the Planning Commission and approve the PRD citing Conditions, with the changes adopted in Conditions 12 and 13, Findings, and Conclusions, which may be necessary to be revised to reflect the changes in Conditions 12 & 13, as identified in Attachment A, which is attached to and becomes a part of these minutes. Motion carried 3 -2, which Di Guilio and Perry voting in opposition. Councilmember Kidd returned to the Council Chambers. 5 6917 6918 CITY COUNCIL MEETING July 5, 2011 OTHER CONSIDERATIONS: PUBLIC HEARINGS- OTHER: (Copt' d) Ordinance No. 3432 1. Downtown Murals Maintenance — Funding Request Manager Myers presented a request from the Nor' Wester Rotary Club for the City to fund $5,000 towards restoration of the Kalakala and Ennis Creek murals downtown. He stated that the Rotary club and the County had also pledged $5,000. He also stated that the Finance Director had identified excess sales tax funds that could be used to fund this request. Councilmember Kidd stated that the Rotary clubs have put thousands into our community and that she considers it an honor to partner with our local Rotary club. It was moved by Mania and seconded by Kidd to: Approve funding $5,000 to help fund the restoration and preservation of two murals in the downtown area. Motion carried 6 -0. Ridge Road — Funding Request Manager Myers discussed the Hurricane Ridge Road funding request stating that there was local support for continued funding of a seven day opening for the 2011/2012 winter season. He reminded Council that last year the City and County both contributed $25,000 towards the $75,000 needed to match the funds received by the Federal Government and that the City and County are planning to do the same this year. Council discussion followed. Mayor Di Guilio asked how the City would fund this request and Manager Myers stated that the Finance Director was planning to use the excess sales tax fund on this request as well. Council discussion followed. It was moved by Kidd and seconded by Downie to: Approve providing $25,000 this year to maintain Hurricane Ridge Road so that it can be open seven days a week this winter. Motion carried 6 -0. 2. Street Vacation Petition — STV 11 -01 Housing Authority of the County of Clallam — Portions of Right -of -Ways within the Mt. Angeles View Development Director West stated that this matter was consistent with the previous Planned Residential Development (PRD) matter and that the Housing Authority would redo a new right -of -way during the development which was already covered under the PRD. Councilmember Kidd asked Attorney Bloor if she needed to recuse herself from this matter as well, and he responded that she did not because it was a legislative matter. Mayor Di Guilio continued the public hearing at 8:59 p.m. There being no public comment he closed the public hearing. 6 PUBLIC HEARINGS - . OTHER: (Cant' d) Ordinance No. 3432 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: Resolution No. 14 -11 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: • CITY COUNCIL MEETING July 5, 2011 Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3432 AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of rights-of-way within the Mount Angeles View Housing Development in Port Angeles, Cla1lam County, Washington. It was moved by Mania and seconded by Downie to: Adopt the Ordinance as read by title citing Conditions 1 -4, Findings 1-14, and Conclusions A -C, identified in Exhibit C, attached to this Ordinance. Motion carried 6 -0. None. Clerk Hurd stated that a minor change was made to the City Council Minutes from June 21, 2011, to correct a statement made by Councilmember Mania and other clerical errors. Mayor Di Guilio pulled the Expenditure Approval List at the request of Councilmember Kidd It was moved by Mania and seconded by Perry to approve the Consent Agenda to include: City Council Minutes for May 10, 2011, and June 21, 2011; and Resolution No. 14 -11 — Amending Port Angeles Police Department Investigations Account. Motion carried 6 -0. Councilmember Kidd requested better explanations on items included on pages F19 and F23 regarding miscellaneous professional services. Council discussion followed. Manager Myers stated that staff would discuss this issue during staff meeting tomorrow. It was moved by Mania and seconded by Downie to: Approve the Expenditure Approval List: 6111 /11 to 6/24/11 for $2,040,507.00. Motion carried 6 -0. 1. Ordinance Revision — Purchasing Policies and Procedures Public Works and Utilities Director Cuter stated that no changes had been made to the Ordinance from the first reading. Council discussion followed regarding the language used for change orders. 7 6919 6920 CITY COUNCIL MEETING July 5, 2011 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont' d) Break: RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: Resolution No. 15 -11 FINANCE: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Ordinance No. 3433 Mayor .Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.05, of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures. It was moved by Perry and seconded by Downie to: Approve the Ordinance as read by title. Motion failed 3 -3, with Mania, Collins, and Kidd voting in opposition. Mayor Di Guilio asked staff to bring back the Ordinance with clarifications regarding the change order language. Mayor Di Guilio recessed the meeting for a break at 9:09 p.m. The meeting reconvened at 9:15 p.m. 1. 2011 -2017 Capital Facilities Plan (CFP) and Transportation Improvement Plan (TIP). Director Cutler discussed the changes made to the Capital Facilities Plan as requested at the previous Council meeting. Mayor Di Guilio conducted a third reading of the Resolution by title, entitled, RESOLUTION NO. 15 -11 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Capital Facilities Plan and Transportation Improvement Program for 2011 -2017. It was moved by Perry and seconded by Downie to: Approve the Resolution as read by title. Motion carried 6-0. Councilmember Collins stated he still believed the bottom line of the CFP was too large. None. 1. Ordinance Revision — Purchasing Policies and Procedures Manager Myers requested Council return to agenda item G 1, stating that staff needed one major change to the Ordinance at this time and that was the section regarding pollution control. He explained that the rest of the Ordinance was written to clean -up language, but that staff could work on this issue later. He asked Council to reconsider the Ordinance with just Section 1, part III, and that the rest of the Ordinance could be addressed at a later date. 8 • • • • ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Ordinance No. 3433 INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING July 5, 2011 ORDINANCE NO. 3433 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.05, of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures. It was moved by Perry and seconded by Collins to: Approve the Ordinance as read by title to include only Section 1, part III. Motion carried 6-0. Manager Myers spoke regarding a possible additional funding request on the next agenda regarding banners and landscaping in support of the Elwha Dam removal event in September. He also discussed the successful handling of the loitering issues at City Pier and commended the Police Department. He stated that the City /County Cooperative Study group was almost ready to present their report and suggested a joint meeting with the County prior to the regular City Council meeting on August 2, 2011. He stated that he wanted to take Council on a tour of City Hall prior to the next Council meeting, to address space issues related to storage and server room space issues, and informed Council that an update of a previous space study was currently underway. Fire ChiefMcKeen presented Council with three short videos of the Peking Restaurant Fire that had occurred earlier that morning. None. 9 :33 p.m. Dan Di Guilio, Mayor Janess rd, City Clerk 9 6921 • • Attachment "A" CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE MOUNT ANGELES VIEW PRD 11-01 Conditions: 1. Development of the PRD shall substantially conform to the phasing plan provided as Exhibit 7 in the revised application materials dated January 28, 2011. Consideration will be given to the potential reorganization of development timelines for Phases 6, 7, and 8 if logical and first approved by the City of Port Angeles to ensure reasonable site development. 2. All external building line setbacks shall meet RMD Zone requirements. All lot lines (solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on the final plat. Front yard setbacks shall be no less than 6' with side and rear setbacks as shown on the revised preliminary drawing dated January 28, 2011. 3. Utilities shall be installed as shown per plans approved by the City's Public Works and Utilities Department per the City's Urban Services Standards and Guidelines. Portions of the approved complete site utility plan shall be constructed to serve the phases as required by the Director of Public Works and Utilities. 4. All necessary on -site easements for access, drainage, and utilities shall be shown on the final plat including the reservation of an easement for existing Public Utility District (PUD) Power Lines per City Ordinance #3090 in Francis Street. The developer shall work with the PUD to ensure that_no impact to the service provider's provision ability is caused by construction activities. All new utility construction shall be underground per Section 18.08.090 PAMC. 5. A storm water drainage plan for the entire project shall be provided for all lots and right - of -ways in conformance with Section 13.63 of the Port Angeles Municipal Code and the Urban Standards Guidelines. The plan for the entire project must be submitted to and be approved by the City Engineer prior to any construction. 6. Prior to final plat approval of a phase of the project, all storm water improvements necessary to serve that phase of the project must be complete and functioning. Storm water improvements located in other parts of the project must be complete and functioning if they are necessary to the functioning of the storm water improvements located on the phase of the project for which final approval is sought. 7. For the purposes of this project, the storm water requirements of the State and local National Pollution Discharge Elimination system permit in effect at the time of the submittal of a complete storm water site plan for the entire project will be the requirements applied to the entire project. 8. Electrical, telecommunications, and street lighting shall be installed or bonded per Public Works Utilities Division standards. New electric utility service shall be underground. A power /communications layout shall be provided and approved prior to construction. 9. Address numbers shall be identified and placed on the final plat as provided by the City. 6922 6923 The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 2 10. The final PRD shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, utilities and utility easements, common parking areas, and other similar development within the boundaries of the PRD in form and manner acceptable to the City. The area that comprises the Peabody Creek ravine and the large central area park is required to be set -aside as an open space tract. The open space tract shall remain in effect for the life of the PRD and subdivision. 11. Fire hydrants shall be placed per City requirements as approved by the City's Fire Department. Residential fire sprinkler systems as required by Section 18.08.110 shall be required. 12. Open space areas located in the Peabody Creek ravine and the proposed central park area shall be established and fenced as a separate open space tract prior to final approval of the first phase of the PRD. Maintenance of open space and park areas shall be addressed in a document fled with the PRD such that maintenance is ensured for the life of the subdivision. 13. Rededicated interior street rights -of -ways shall be a minimum of 60' in width and developed to a 27' paved width street with curb, gutter, and sidewalk. Fifteen (15') feet of easement shall be dedicated along the property frontage of Eunice Street between Whidby and Park Avenues. Eunice Street shall be improved to the City's Access Street Standard between Whidby and Vashon, and to Alley Standard south of Vashon to the new access east of Eunice Street in conformance with the City's Urban Service Standards and Guidelines. 14. Rights of way shall be rededicated with each phase of development as is proposed in the PRD application development drawings. At no time shall circulation to or within the site be hindered for access by emergency vehicles during construction prior to rededication of the rights -of -way under construction. Additional right-of-way shall be dedicated along Eunice Street. 15. Minimum improvements shall be made to arterial standards along the full Park Avenue frontage, and shall include paved tapered transitions to the east and west of the frontage. Traffic calming measures and sidewalks to be approved by the City Engineer based on the traffic study. 16. Trees throughout the development shall be as identified in application materials and shall comply with requirements for street trees as is contained in City development guidelines. Street trees shall be provided on the frontages of Lauridsen Boulevard. Trees shall be selected from the recommended list of trees provided by the City and shall be planted consistent with industry standards. 17. Redevelopment of rights-of-way shall occur concurrent with the final of each phase of redevelopment and shall be coordinated such that at no time shall rights-of-way not abutting a working construction phase be unavailable for use by the public. On interior streets with a pavement width of 27 feet, applicant shall post signs every 30 feet limiting the parking to one side of any street and shall paint stripes and appropriate lane markings to ensure two lanes of travel may pass freely along all interior streets. 18. Reduction of the senior housing use to .5 /off street parking spaces per unit is approved with the provision of a van service or other alternative transportation means for residents. The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 3 Findings: An initial planned residential development (PRD) site plan was received by the City of Port Angeles on October 25, 2010, but was found to lack needed information for processing. Additional information was resubmitted on January 25, 2011, and the application was determined to contain information adequate to be determined as complete on February 25, 2011. Application materials include the PRD/subdivision application, conditional use permit application, and parking variance application. 2. The proposed 15.7 (18.6 with streets) acre Mt. Angeles View Planned Residential Development (PRD) and Subdivision site is located between L.,auridsen Boulevard and Park Avenue and between Eunice Street and the Peabody Creek Ravine. The east property line is immediately west of the Peabody Creek Ravine. This ravine is considered an environmentally sensitive area and open space in conjunction with this area will be fenced. The site slopes from south to north with some steep slopes on the eastern portion of the site and relatively flat ground on the northern portion of the site. Minimum lot area for a PRD is 3.44 acres. 3. The subject property is located in the City's RMD Residential Medium Density zone, which allows a density of up to 12.44 dwelling units per acre. 4. A planned residential development is one of the innovative techniques the City has to achieve implementation of Open Space and Conservation policies and the desired urban design of the City. The purpose of the PRD overlay is to provide an opportunity to create a development that will result in a higher quality neighborhood situation than could be developed through more traditional means. 5. Port Angeles Municipal Code (PAMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments (PRD), and PAMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions. 6. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. it shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 7. The preliminary plat will subdivide the approximately 15.7 acres of land into 44 individual lots resulting in 232 residential units. Twenty -eight (28) lots will contain single family residences intended for fee simple ownership. Thirteen (13) of those lots will contain multiple, single family residences of various designs. One (1) lot will contain a 33 -unit senior apartment structure and 2 lots will contain community buildings with 1 lot being an open space /park tract. • 6924 6925 The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 4 8. Lots planned for residential occupancies will be constructed in a variety of configurations. While development standards are proposed to be varied from standard development requirements in the Residential Medium Density zone, reduced lot size and setbacks are permissible through City approval of a site specific planned residential development per PAMC Chapter 17.19. 9. The smaller lots, various building configurations, and non - residential uses, though permissible in a planned residential development, are subject to the overall density limitation of the underlying RMD Zone. The overall maximum density permitted in the RMD zone is 12.44. unitslacre. Given the site area of the Mt. Angeles View buildable area at 15.7 acres, density is proposed to be 18 units per acre. The Planning Commission previously recommended vacation of rights-of-way within the development that would vacate existing rights -of -way adding an additional 2.9 acres to the site area for a total of 18.6 acres thereby reducing the density to 12.44 units/acre. 10. The purpose of a planned residential development (PRD) is set forth in Section 17.19.010 as follows: This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, and welfare and results in a specifically approved site design. It is also intended that a PRD may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi family zones. The consolidation of permit reviews does not exempt applicants) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self - contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and neighborhood commercial developments not usually permitted in residential zones." 11. Section 16.08.050(B )(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 12 The proposed PRD will be constructed in 8 distinct phases. Demolition of existing structures and infrastructure will also occur in phases so that occupants of existing structures can be relocated in an organized fashion to avoid displacement of any individual. 6926 The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 5 13. Water, electric, stormwater, phone, refuse, and sanitary sewer utilities are available in the area. 14. The proposed planned residential development and subdivision preliminary plat were reviewed by the City's Fire, Public Works, Parks and Recreation, and Economic and Community Development Departments. Comments from reviewing departments were considered in preliminary approval of the PRD. 15. The City of Port Angeles is bound by a National Pollution Discharge Elimination System (NPDES) permit. Stormwater infiltration as enhanced treatment is only allowed if the soils meet the minimum site suitability criteria (Chapter 3, Volume III of the DOE Manual) and a presettling basin or a basic treatment facility precedes the infiltration area. No presettling basins are currently shown in the plan. The rain gardens that were initially proposed would provide enhanced treatment, but would not serve as "play space" for the development. This analysis will need to be done following preliminary approval of the PRD. Insufficient information has been provided to determine the adequacy of proposed stormwater detention /infiltration treatment areas within the proposed rights of way and on private property. 16. Public notice of the PRD and subdivision application was published on March 1, 2011, and posted on the site and mailed to property owners within 300 feet of the proposed subdivision on February 25, 2011. Written comment was accepted until March 16, 2011. One written comment was received. The comment is attached to the April 27, 2011 staff report. 17. The subject property is identified as Medium Density Residential (MDR) on the Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies were found to be most relevant to the proposal: Land Use Element Goal A and Policy A.2; Goal B and Policies B.1, 2, and 3; Open Space Policy Goal I and Objective I.1; Transportation Element Goals A.2, 3, and 6 and Goal B and Policies 11, 14, 16, and 18; Utilities and Public Services Element Policies C.2, 4 and D.1; (=lousing Element Goal A and Policy A.12, and Goal B and Policy B.8; Conservation Element Goal A, Policies A.1 -A.3, Goal B, Policies B.1 -B.2, B.3 and B.16, Objectives B.3 -B.4; Capital Facilities Element Policies A.10, B.6, and C.4. 18. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9). 19. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A.10). 20. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. 21. The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. There are two designated school walking routes in the vicinity, Lauridsen Boulevard and Park Avenue. Continuous paved walkways are provided along Lauridsen Boulevard and Park Avenue east of Race Street. Required improvements to Park Avenue will include sidewalks. 6927 The Mount. Angeles View PRD Conditions, Findings, and Conclusions Page 6 22. The site is currently served by the City's emergency service providers, Police, Fire, and Public Works and Utilities Departments. 23. Building permits are required for all structures. Building and Fire Codes apply to any new construction on the subject property. 24. The Mount Angeles View PRD is inside the Fire Departrnent's four minute response time. Sprinklers are not required for single family residences or duplexes per PAMC 18.08.110. 25. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #1065) on April 21, 2011, satisfying the City's SEPA responsibility. 26. The proposal includes development of a new access to Francis Street at Park Avenue, which is a collector arterial and on a school walking route. A traffic analysis was required to determine impacts of the development on Park Avenue. Final review of the Traffic Study has indicated that improvements to Park Avenue will only be required along the site frontage to achieve compliance with the City's Urban Services and Standards Guidelines. 27. Section 14.40.130 PAMC allows a reduction in parking standards specified in Chapter 14.40 PAMC on written request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems necessary to comply with the purpose of the Chapter. No variance shall be granted by the Planning Commission unless the Commission makes the following findings: (1) The variance is not detrimental to surrounding properties; (2) The parking provided is demonstrated as being sufficient to meet the parking needed by the use; (3)The variance will not create increased congestion or traffic hazards along adjacent streets and alleys; and (4) The variance is consistent with the intent of Chapter 14.40, the zone in which the site is located, and the Comprehensive Plan. Site activities, including parking, will be controlled throughout the PRD by the HACC through lease agreements. The HACC is aware that use of the public streets as parking lots is not an approved use and that it is expected that adequate off street parking exists within the buildable area of the PRD such that on street parking will be kept to a minimum. The extreme reduction for the senior housing unit (.5 /unit) can be approved with a provision of van service or other transportation means as has been required for parking reductions previously approved for other senior housing uses in the City. The HACC have stated their intent to maintain a site that is in compliance with City standards and have stated that many of their tenants do not own or store vehicles on site. Based on this assertion, the four points previously herein listed necessary for approval can be met by the proposal. If it is demonstrated that dependence on public streets is a result of the development, alternative parking areas may need to be established by the Housing Authority. With this understanding, staff recommended approval of the requested parking variance. 28. The Planning Commission opened a public hearing in consideration of the PRD on April 27, 2011. In consideration of time needed to allow staff to review and comment on the proposed changes submitted by the proponent to the conditions, findings, and conclusions of approval, deliberation was continued to May 25, 2011, 6 p.m., City Council Chambers. 7 • • The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 7 29. The dedication of right-of-way or granting an easement is required with development of adjacent properties such that streets are developed consistent with the City's Subdivision standards contained in Section 16.08 PAMC. Eunice Street, along the site's western boundary, is a Residential Access Street that requires a 60' right-of-way. The current right -of -way is 30'. Given development in the area, location of the site at the end of Eunice Street, and topographic constraints of the location, it is unlikely that additional development will occur beyond the site or west of the site. It is possible to develop needed infrastructure to serve the site within a 45' right-of-way. If future development is generated along the west side of Eunice Street, an additional 15' of right -of -way could equitably be obtained from developing properties to the west of Eunice Street to equal the required full 60' width. Due to the particular circumstances of the site, a 15 foot easement dedicated to the City along Eunice Street will serve the same function as dedicated right of way. 30. A pavement width of 27 feet on interior streets will be sufficient because the applicant will post signs every 30 feet limiting the parking to one side of any street and will paint stripes and appropriate lane markings to ensure two lanes of travel may pass freely along all interior streets. Conclusions: A. As conditioned, the Mount Angeles View PRD /Subdivision is consistent with the City's Zoning Code (Section 17.19 PAMC), the Washington State Subdivision Act (58.17 RCW), the City's Parking Ordinance (Section 14.40 PAMC), the City's Subdivision Ordinance (Section 16.08 PAMC), and with the goals and policies of the City's Comprehensive Plan. B. As conditioned, all necessary public improvements will be installed per the City's Urban Services Standards and Guidelines and will be in compliance with the City's NPDES permit for stormwater. C. As conditioned, the configuration of the proposed subdivision lots and street layouts conform to the desired urban design of the City for residential developments in areas where there is no grid street pattern and where low impact development standards are allowed. D. As conditioned, the Mount Angeles View PRD and Subdivision provide an alternative residential development design to the standard single family residential neighborhood and the basic multi - family residential neighborhood in a manner that is affordable to low income peoples. E. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school F. As conditioned, the public interest is served in preliminary approval of the planned residential development and platting of the subdivision that will provide for the development of low income housing and new homes. The subdivision is consistent with the Growth Management Act. 6928 6929 The Mount Angeles View PRD Conditions, Findings, and Conclusions Page 8 G. The final drainage plan must be approved by the City Engineer, and the City's Stormwater Engineer because drainage and erosion control plans are subject to the Department of Ecology NPDES permit. H. PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter 16.08 Subdivision Regulations allow for variations from certain development standards on lots within the PRD. Reduced front yard setbacks to 6' within the site should not be a problem in the multiple family area as adequate common open space is available within the PRD to allow for recreational expectations of tenants within the subdivision. As conditioned, streets rededicated within the PRD will be developed to standards for the higher density development that is proposed, which is in the public interest. Park Avenue along the site frontage will be developed to collector arterial street standards to retain an acceptable level of service standard due to the added impact from creating a through street at Francis Street. J. An easement is required along the Eunice Street frontage if development is to be in compliance. As conditioned adequate area (15') will be dedicated to support existing utilities and new infrastructure development along Eunice Street. This can be supported because of the minimal potential for further development along the frontage and south of the site. Further development would occur along the west side of Eunice Street and in that event, the remaining 15' of right -of -way could be required to bring the right-of-way to its required 60' width. K. Limiting parking to one side of interior streets and striping those streets with appropriate lane markings will ensure the free flow of traffic on all streets. L. A fence along the east side of the proposed trail will ensure the protection of any environmentally sensitive areas located in the Peabody Creek ravine. Dan Di Guilio, Mayor ssa Hurd, City Clerk •