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ORDINANCE NO. jZ3Ct(0
AN ORDINANCE of the City of Port Angeles
annexing approximately 454 acres
contiguous to the City of Port Angeles
south and west of Fairchild International
Airport.
WHEREAS, the necessary petition has been filed with the
City of Port Angeles requesting annexation of the following
described area to the City of Port Angeles which is contiguous to
the City; and
WHEREAS, the necessary legal steps in connection with
said petition have been completed including the holding of a
public hearing on said petition after due and legal notice
thereof; and
WHEREAS, the requirements of Chapter 43.21C RCW have
been met; and
WHEREAS, the Council of the City of Port Angeles
believes that it is in the best interests of the City and its
residents that said petition for annexation be granted; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. The following described area is hereby
annexed to the City, provided the conditions described in
Sections 2, 3, and 4 are met:
Those portions of Sections 6 and 7, Township 30 North,
Range 6 West, W.M., and those portions of Sections 1
and 12, Township 30 North, Range 7 West, W.M., all in
Clallam County, Washington, and described as follows:
Beginning at the northwest corner of the South half of
the North half of the Southwest Quarter of the North-
west Quarter of said Section 1; thence South along the
west line of said Section 1 to its intersection with
the east margin of the existing County Road known as
the "Lower Elwha Road "; thence South along said east
margin to its intersection with the north margin of the
existing County Road known as "Edgewood Drive "; thence
East along the north margin of said Edgewood Drive to
its intersection with the west margin of the existing
County Road known as "Critchfield Road "; thence North
along said west margin and the prolongation thereof to
the south line of Government Lot 5 of said Section 1;
thence East along said south line and the south line of
Government Lot 6 of said Section 1, to the southeast
corner of said Section 1, said corner being common to
Sections 1 and 12, Township 30 North, Range 7 West,
W.M., and Sections 6 and 7, Township 30 North, Range 6
West, W.M.; thence south along the west line of Section
7, to the southwest corner of the North half of the
Northwest Quarter of the Northwest Quarter of said
Section 7; thence East along the south line of said
North half of the Northwest Quarter of the Northwest
Quarter, to the east line of said Northwest Quarter of
the Northwest Quarter; thence East along the north line
of the South half of Government Lot 5 in said Section
7, to the northeast corner of the Southwest Quarter of
said Government Lot 5; thence South along the east line
of said Southwest Quarter of Government Lot 5, to the
north margin of said Edgewood Drive; thence East along
said north margin to its intersection with the east
line of said Section 7; thence North along said east
line to the south line of the Townsite of Port Angeles,
as recorded in Volume 1 of Plats, page 27, records of
Clallam County, Washington; thence Westerly along said
south line to the southwest corner of said Townsite of
Port Angeles; thence Northerly along the west line of
said Townsite of Port Angeles, to its intersection with
the easterly prolongation of the north line of the
South half of the North half of the Southwest Quarter
of the Northwest Quarter of said Section 1; thence West
along said prolongation and along said north line of
the South half of the North half of the Southwest
Quarter of the Northwest Quarter of said Section 1, to
the point of beginning; EXCLUDING ANY PORTION OF LOWER
ELWHA ROAD AND EDGEWOOD DRIVE RIGHTS -OF -WAY.
Section 2. The area shall bear the outstanding indebt-
edness of the City contracted prior to or existing at the
effective date of this Ordinance.
Section 3. The property shall be zoned LI, Light
Industrial; M -2, Heavy Industrial; and PBP, Public Buildings and
Parks, as set forth in the attached Exhibit "A ".
Section 4. Development within the area shall be in
accordance with the terms of the Annexation Agreement and Master
Plan, which are attached hereto as Exhibit "B ".
Section 5. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the —3 day of
, 1986.
ATTEST:
Sherri L. Anderson,
Acting City Clerk
APPRQ'ED AS TO FORM:
Craig D.\Knutson, City Attorney
PUBLISHED:
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MAY R
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EXHIBIT "A"
Legal description for DelHur West Annexation Zoning:
LI - Light Industrial District:
That portion of Section 1, Township 30 North, Range 7
West, W.M., in Clallam County, Washington, and
described as follows:
Beginning at the northwest corner of the South half of
the North half of the Southwest Quarter of the North-
west Quarter of said Section 1; thence South along the
west line of said Section 1 to its intersection with
the east margin of the existing County Road known as
the "Lower Elwha Road "; thence South along said east
margin to the south line of said Section 1; thence east
along said south line of said Section 1 to the westerly
top of bank of the Dry Creek Ravine; thence northerly
along said westerly edge of the top of bank of the Dry
Creek Ravine to the south line of the Townsite of Port
Angeles, as recorded in Volume 1 of Plats, page 27,
records of Clallam County, Washington; thence Westerly
along said south line to the southwest corner of said
Townsite of Port Angeles; thence Northerly along the
west line of said Townsite of Port Angeles, to its
intersection with the easterly prolongation of the
north line of the South half of the North half of the
Southwest Quarter of the Northwest Quarter of said
Section 1; thence West along said prolongation and
along said north line of the South half of the North
half of the Southwest Quarter of the Northwest Quarter
of said Section 1, to the point of beginning.
EXCLUDING ANY PORTION OF THE LOWER ELWHA ROAD RIGHT -OF-
WAY AND EXCLUSING THOSE AREAS DESIGNATED AS THE DRY
CREEK RAVINE.
M -2 - Heavy Industrial District
Those portions of Sections 6 and 7, Township 30 North,
Range 6 West, W.M., and those portions of Sections 1
and 12, Township 30 North, Range 7 West, W.M., all in
Clallam County, Washington, and described as follows:
Beginning at a point on the south line of said Section
1 and its intersection with the east margin of the
existing County Road known as the "Lower Elwha Road ";
thence South along said east margin to its intersection
with the north margin of the existing County Road known
as "Edgewood Drive "; thence East along the north margin
of said Edgewood Drive to its intersection with the
west margin of the existing County Road known as
"Critchfield Road "; thence North along said west margin
and the prolongation thereof to the south line of
Government Lot 5 of said Section 1; thence East along
said south line and the south line of Government Lot 6
of said Section 1, to the southeast corner of said
Section 1, said corner being common to Sections 1 and
12, Township 30 North, Range 7 West, W.M., and Sections
6 and 7, Township 30 North, Range 6 West, W.M.; thence
south along the west line of Section 7, to the
southwest corner of the North half of the Northwest
Quarter of the Northwest Quarter of said Section 7;
thence East along the south line of said North half of
the Northwest Quarter of the Northwest Quarter, to the
east line of said Northwest Quarter of the Northwest
Quarter; thence East along the north line of the South
EXHIBIT "A"
(cont)
half of Government Lot 5 in said Section 7, to the
northeast corner of the Southwest Quarter of said
Government Lot 5; thence South along the east line of
said Southwest Quarter of Government Lot 5, to the
north margin of said Edgewood Drive; thence East along
said north margin to its intersection with the east
line of said Section 7; thence North along said east
line to the south line of the Townsite of Port Angeles,
as recorded in Volume 1 of Plats, page 27, records of
Clallam County, Washington; thence Westerly along said
south line to the westerly edge of the top of bank of
the Dry Creek Ravine; thence southerly along said
easterly edge of the top of bank of the Dry Creek
Ravine to the south line of said Section 1; thence west
along the south line of said Section 1 to the point of
beginning. EXCLUDING ANY PORTION OF LOWER ELWHA ROAD
AND EDGEWOOD DRIVE RIGHTS -OF -WAY AND EXCLUDING THOSE
AREAS DESIGNATED AS THE DRY CREEK RAVINE.
PBP - Public Buildings and Parks Zoning
Those portions of Sections 1 and 12, Township 30 North,
Range 7 West, W.M., all in Clallam County Washington,
and described as follows:
Those areas on each side of the top of the bank of the
Dry Creek Ravine or 15 feet on each side of the
centerline of Dry Creek, whichever is greater; north of
Edgewood Drive and meandering northerly and westerly to
the north line of the south half of the north half of
the southwest quarter of the northwest quarter of said
Section 1; including all that part of the west
tributary of Dry Creek from the Lower Elwha Road to its
intersection with said Dry Creek Ravine.
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EXHIBIT "B"
ANNEXATION AGREEMENT
THIS AGREEMENT, made this 21 day of
APRIL
, 1986 ,
by and between the'City of Port Angeles, a Municipal Corporation,
hereinafter known as the "City "; and Port of Port Angeles, a Washington
Corporation, hereinafter known as "Owners "; WITNESSETH:
WHEREAS, the Owners own the property contiguous to the City as
shown on the attached Master Plan marked Exhibit "A ", and as legally
described in the Annexation Petition attached as Exhibit ' "8 "_, herein-
after known as the "Area "; and
WHEREAS, certain Owners have petitioned for annexation to the City
of their property known as the Area, and the necessary hearings have
been held in connection therewith; and
WHEREAS, the requirements of Chapter 43.21C RCW have been met; and
WHEREAS, the Environmental Impact Statement prepared in compliance
with Chapter 43.21C RCW identified critical impacts of annexation and
subsequent development that may require mitigating measures during
future permit review; and
WHEREAS, the Owners and the City are desirous of setting forth in
writing certain matters they have agreed upon; NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants herein contained, IT IS
AGREED as follows:
1. The Owners recognize that the City shall incur no liability
to them should the Area not be annexed. They nevertheless covenant
that the terms and conditions of this Agreement shall apply should the
Area be annexed.
2. The Owners agree to develop the property in accordance with
the Master Plan attached to this Agreement as Exhibit "A" and to be
bound by the concepts and conditions set forth therein.
• 3. The Master Plan attached to this Agreement as Exhibit "A"
shall be used by the City and the developer as a guideline for future
development and future permit consideration and approval, but shall not
necessarily be binding upon the parties to the Agreement subsequent to
the approval of the annexation proposal. If, in the opinion of the
City, conditions upon which the Master Plan was premised change
sufficiently, prior to a future permit approval, to warrant deviation,
the City and the developer may modify the Master Plan in the process of
F7- - - ^7 1 if $111'
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future approvals for development within the annexed property, to meet
the altered conditions.
4. The execution of this Agreement shall not affect the require-
ments that future development of the area shall be done in compliance
with all applicable State laws and City ordinances in effect at the
time of submittal of a valid application for site development.
5. The Owners agree that all of the provisions and conditions of
this Agreement apply to this annexation and they, their transferees,
heirs or representatives will abide by them.
IN WITNESS WHEREOF, the parties hereto have set their hands the
day and year first above written.
PORT —AK PORT ANGELES
BY:
lIiam Wilbert
2xxxmxIorxxIa2MaxxIx=mxie
Administrator, Estate_of Jack
DelGuzzi and President of
DelHur -, Inc.
CITY OF PORT ANGELES
BY: `"1K11,1 1 .
ATTEST:
AMNUrI2j./
Sherri L. Anderson,
Acting City Clerk
EXHIBIT "B"
MASTER PLAN
Critical Impacts of Annexation and Subsequent Development
That Mav Reuuire Mitigating Measures During
Future Permit Review
The following critical impacts of annexation and subsequent develop-
ment that may require mitigating measures during future permit review were
identified during reviews held in conformance with the requirements of the
laws of the State of Washington, including but not limited to Title 35A RCW
and Chapter 43.21C RCW, in consideration of the proposed annexation identi-
fied in City files as (A- 83(3)1):
of
i) The installation of sanitary sewer service to the area shall be
in general conformance to the recommended Alternative 3 of the
DelHur Annexation Sewer Service Plan in the EIS and the require-
ments of Washington State and the Public Works Department.
( ii) Potential storm water runoff presents a critical impact to Dry
Creek. Therefore, prior to any development approvals, plans for
addressing collection, discharge and water quality of that storm
water shall be approved by the City of Port Angeles.
( iii) Industrial development could severely impact the natural habitat
of Dry Creek. Intensive development shall not occur in PEP-zoned
property, and vegetative cover shall be maintained.
( iv) Thirty -five feet of property as measured from the centerline of
Edgewood Drive shall be dedicated to the City for street and
utility purposes.
( • v) Thirty feet of property as measured from the centerline of Lower
Elwha Road shall be dedicated to the City for street and utility
purposes.
( vi) When development in the annexation area generates traffic volumes
that cause service level problems at the intersection of Edgewood
Drive, Airport Road and Lauridsen Blvd., the property owners in
the annexation area may participate in a cooperative resolution
of the problem, such as an L.I.D.
( vii) The owners shall request electrical energy be supplied by the
City of Port Angeles;
(viii) Additional impacts have been identified in the annexation EIS.
This listing of critical impacts in the Master Plan does not
preclude reference to the EIS at the time of a development pro-
posal and resulting mitigating conditions being attached to any
such proposal. Nor does this Master Plan prevent the attachment
of additional conditions as part of the normal development permit
process in the City of Port Angeles.
( ix) Edgewood Drive and Lower Elwha Road are in the County; mainten-
ance issues between City and County should be resolved during the
development permit review process and prior to approval.
x) To mitigate the extended response distances, every new structure
shall install automatic fire sprinkler systems; provided, how-
ever, that the City may waive the sprinkler requirement if the
following conditions are met:
a. The building is classified non - habitable;
b. There is no hazardous materials storage;
c. Any use of existing water is interim only and new water
service shall be from the City;
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'd. There are no major extensions of the system; /
e. Waiver would not change the City's ISO fire insurance
rating, either cumulatively or individually.
( xi) New development abutting Lower Elwha Road and Edgewood Drive
shall install a buffer. Said buffer shall be 35 feet in width
with an 8 -foot high landscaped and planted berm, as measured from
the level of the adjacent road; or a landscaping plan including
vegetation, fencing and similar design elements that provides
visual screening to a height of 8 feet within the 35 -foot setback
area. Said buffer shall also be designed so that the associated
industrial use complies with the State noise requirements as
identified in Chapter 173 -60 WAC. Said buffer shall be main-
tained by the property owner for the lifetime of the project.
The Planning Department shall evaluate the landscape plan to
assure that it creates the visual screening_and° noise buffering
stipulated above. Said landscaping plan shall be approved by the
Planning Department prior to the issuance of a building permit.
Where no building permit is required for a development, a land-
scaping plan approved by the Planning Department shall be accom-
plished within one year of the inception of the use.
( xii) The proposed interior access road shall not connect to Lower
Elwha Road, except if approved by Clallam County or Lower Elwha
Road is within the City limits.
(xiii) A single - family residence may be permitted on a large industrial
lot, provided a residential sprinkler system is installed and the
residential use is associated with the industrial use.
( xiv) New development shall provide a 25 -foot setback with a visually
obscuring landscape buffer around pre- existing single - family
residences in the Light Industrial District. Said landscaping
plan may include vegetation, fencing and similar design elements
that provide visual screening and noise reduction that complies
with Chapter 173 -60 WAC. Said landscaping plan shall be approved
by the Planning Department prior to the issuance of a building
permit. Where no building permit is required for a development,
a landscaping plan approved by the Planning Department shall be
accomplished within one year of the inception of the use.
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