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HomeMy WebLinkAbout2785ORDINANCE NO. 2785 AN ORDINANCE of the City of Port Angeles approving a final Planned Residential Development and plat located between Lauridsen Boulevard and Melody Lane west of Golf Course Road. WHEREAS, the Planning Commission of the City of Port Angeles has held a public hearing and recorded its recommendation to the City Council in the Planning Commission minutes of October 13, November 10, and December 15, 1993; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21C RCW) have been met; and WHEREAS, the City Council, after a public hearing, finds that said Planned Residential Development is consistent with the Planned Residential Development as conditionally approved by the City Council on May 19, 1992; and meets the requirements of Chapter 17.70 of the Port Angeles Municipal Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The Official Zoning Map (Ordinance No. 2767) is hereby amended to identify the property described as follows as a Planned Residential Development (PRD): Lot 1 of German Short Plat No. SHP 92(09)14, recorded on December 11, 1992, in volume 24 of Short Plats, Page 68, under Auditor's File No. 679041, being a portion of Government Lot 1 in Section 14, Township 30 North, Range 6 W.W.M., Clallam County, Washington. Section 2. Final approval of the PRD, which is attached to this Ordinance as Exhibit "A" and is incorporated herein by this reference, is granted, subject to conditions and findings set forth in Exhibit "A" and "B ". Section 3. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file a certified copy of this Ordinance with the Clallam County Auditor. ICI Section 4. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance, and the City Clerk is hereby directed to file, record, and publish this Ordinance upon that satisfaction. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of December , 1993. ATTEST: Becky J . Up ^ , Cit Clerk APPROVED AS TO FORM: Craig D. hutson, City Attorney PUBLISHED: March 30, 1994 By Summary EXHIBIT "A" Conditions, Findings and Conclusions Conditions: 1. The applicant shall comply with the conditions of preliminary approval dated May 19, 1992, which are attached as Exhibit "B ". In addition to complying with the documents of record identified in Exhibit "B ", the following preliminary conditions have been identified as needing specific attention for completion of these approved phases: 1.e) Submit a final landscape plan consistent with the criteria set forth in the memorandum dated March 26, 1992, and titled "Landscape Criteria." 4) No fences, other than dog runs, shall be installed unless first approved through Final PRD approval or PRD modification process as contained in Chapter 17.70 of the Zoning Ordinance. 5 and 22) Submit copy of the final recorded CC &R's to the Planning Department prior to occupancy of the first dwelling unit. The CC &R's shall include the required provisions that prohibits on- street parking and age restrictions. 26) Buffer zones as required through the Environmentally Sensitive Areas Protection Ordinance shall not be disturbed. The westerly limits of the proposed grading shall be clearly flagged and reviewed by Public Works prior to the start of work and shall be monitored by Public Works through the development of Lots A14, A15, A 16, A17, A25 and A26. 2. Final inspection and occupancy of any residential structures shall not be permitted until the following requirements are met: a. Improvements for the wetland buffer enhancement plan are completed; b. Fencing, sign and mailbox improvements shall be made in accordance with this approval; c. The trail, park area, and hydro - seeded landscaping shall be completed. 3. Occupancy of any house shall not be granted until the landscaping on the lot on which it is located is installed in accordance with the landscape plan. 4. Prior to installing fencing and mailboxes, the applicant shall locate them on a plan and show utilities in relationship to the fence and boxes so as not to damage the utilities. The plan shall be submitted to the City Engineer for review and approval. 5. A right -of -way use permit is required for installing a fence in the Lauridsen Boulevard right -of -way. A gate shall be provided at the end of the turning knuckle to allow passage of maintenance vehicles. 6. The entry sign shall not be placed in the public right -of -way. 7. The mailbox cluster shall be placed in a location mutually acceptable to the post office and City Engineer. Findings: 1. The approval is for Final PRD and Plat for Phases 1 & 2 of the Highland Communities development. These phases consist of 26 single family lots with a recreational path, park area and a temporary grass open space. 2. Preliminary PRD and Plat approval was granted on May 19, 1992. 3. The property is zoned Residential High Density (RHD). 4. At the time of preliminary approval, the proposal was reviewed with respect to the Zoning and Subdivision Ordinances and the Comprehensive Plan. 5. The proposal has been reviewed with respect to conformance to the approved preliminary plat and conditions of approval. 6. The utilities, drainage and roadway improvements have been provided. 7. Chapter 17.70 PAMC states that the exterior setbacks shall not be modified. 8. The preliminary and final PRD plans have buildings as close as 15 feet to the exterior property line. 9. All lots along the east and west exterior property lines of the PRD have rear yards. 10. A side yard setback line along the east and west PRD property lines and 26 single family building footprints were located on the approved preliminary PRD plan. 11. No side yard setback lines along the east and west PRD property lines are shown on the Final PRD plan, but 26 single family building footprints are located on the Final PRD plan. 12. The footprints of the homes on the final plat are larger than those shown on the preliminary plat but are generally the same distance from exterior PRD property lines. 13. Steve Luxton of Northwest Territories Inc. submitted a geotechnical engineering analysis for development within the buffer areas of the environmentally sensitive area. 14. Based on analysis and recommendations prepared by the Northwest Territories Inc., consulting engineers, a geologic hazard setback line was placed on the final plat for protection of the environmentally sensitive areas and the PRD development. 15. Pursuant to the Environmentally Sensitive Areas Protection Ordinance, the Planning Director has granted an administrative reduction of buffer from the top of the ravine and the top of the environmentally sensitive area (bench) on the west boundary of the site. 16. Portions of the required ravine and bench buffer area have been disturbed. Vegetation has been cleared, and a storm water retention basin has been constructed. 7 Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan, Subdivision Ordinance and Zoning Ordinance. B. The zoning code can be interpreted to provide for either a seven foot setback along the exterior sides of the entire PRD or a 7 foot setback along the sides of individual PRD lots which are exterior boundaries of the PRD. C. As conditioned, the proposal is in compliance with the approved preliminary plat and PRD. D. Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and safe walking conditions for students who walk to and from school. E. The public interest is served in the platting of this PRD. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act. F. The building footprints cannot be relocated closer to lot lines without City approval, and these locations are based on a site specific development plan and do not set a precedent for other PRD plans. G. The development is in compliance with the Environmentally Sensitive Areas Protection Ordinance for the ravine and geologic hazard area. Exhibit "B" The following is an excerpt from the May 19, 1992 minutes of the City Council meeting: Councilman Nicholson moved to accept the recommendation of the Planning Commission and approve the preliminary Planned Residential Development for Highland Communities, subject to the following conditions and citing the following findings and condusions: Conditions: (1) The Final PRD shall be substantially in accord with the following documents, except as may be modified by any conditions stated in this approval: a) The two sheet site plan of record titled "Preliminary Plat of Highland Communities, Port Angeles, WA" which is dated received March 27, 1992; b) The nine page document titled "Highland Communities Mitigation Measures. 3/20/92" which is dated received March 30, 1992; c) The general building massing and heights shall not exceed that level depicted in the "Preliminary Elevation and Perspective Drawings' as contained in Section 4 of the original application packet; d) Proposed phasing plan, consisting of ten pages (five sheets) dated received March 30, 1992; e) The final landscape plan shall be consistent with the criteria set forth in the memorandum dated March 26, 1992 and titled "Landscape Criteria" as prepared by the applicant; (2) The Final Plat may be approved in phases provided that nothing in this approval shall be construed as waiving the three year time limitation of the preliminary plat as contained in RCW 58.17.140; (3) At the time of Final PRD approval, submit a recreation plan for approval which shows all recreation areas and lists all proposed activities. Demonstrate that 50% of the required common usable open space meets the minimum requirements for recreation area; (4) No fences, other than dog runs shall be installed unless first approved through Final PRD approval or PRD modification process as contained in Chapter 17.70 of the zoning ordinance; (5) The Conditions, Covenants and Restrictions (CC&Rs) shall include age limits on the residential population which are sufficient to guarantee that the project will house the senior population for which it is being designed. These restrictions shall be in compliance with the Fair Housing Act; (6) All required road, water, sewer and storm drain improvements for each phase shall be either installed or bonded for prior to approval of the Final Plat for that phase. No occupancy shall be allowed for any unit until all roads, water, sewer and storm drain improvements serving that unit are installed. Phasing of these improvements shall be done in accordance with the phasing plan that was prepared by the applicant, dated received March 30, 1992, except as may be modified by requirements of the Public Works Department which are outlined in a memorandum dated April 7, 1992; (7) Melody Lane shall be fully improved with paving, curb, gutter and sidewalk between the site and Golf Course Road. A turning knuckle shall be provided at the entrance into the project; (8) Lauridsen Boulevard improvements shall be extended west to the entrance of the site and shall include a turning knuckle at the entrance to the project; (9) The applicant shall determine if additional sewer capacity is needed down stream. If so, the applicant shall either increase the capacity of the existing sewer line or install a parallel line; (10) A looped water system shall be installed as proposed; (11) Submit sign details. Signs shall be in conformance with the RMF zone district unless a Conditional Use Permit is applied for and approved by the Planning Commission; (12) All power lines into the site shall be placed underground; (13) Street lights are recommended by City Light. Because they are on pnvate streets, street lights must be installed and maintained by the property owners; (14) The portions of lots A15, A25 and A26 and the northwestern open space lot that are within the 50 foot buffer zone shall be identified as conservation areas not to be disturbed. Conservation easements shall be shown on the Final Plat and recorded with the individual deeds for those lots; (15) Obtain a wetlands permit and comply with all requirements of said permit prior to Final PRD approval; (16) Submit a drainage plan and sediment and erosion control plan to Public Works for approval at the time application is made for Final PRD approval. Drainage improvements shall include channeling stormwater down to the bottom of White's Creek ravine in a pipe, which requires obtaining easements from the owner of the ravine; (17) Access will be required around one side of the condominium as specified in the Uniform Fire Code 10.207(b). Grasscrete is acceptable or a service road with a width of 16 feet; (18) For the patio homes subdivision, cul de sacs shall be 100 feet in diameter and fire hydrants shall be spaced 500 feet on center with locations approved by the Fire Department. If residential homes are provided with a NFPA 13D sprinkler system. cul de sacs can be 80 feet in diameter and fire hydrants can be spaced 1000 feet on center; (19) The condominiums, cottages and congregate care shall comply with the 1988 Uniform Fire Code and local ordinances of the City of Port Angeles. Such requirements will include sprinklering of the building and installation of a fire alarm system; (20) Fire hydrants capable of delivering 1500 gallon per minute and in conformance with the Uniform Fire Code are required. The Fire Department proposes three fire hydrants serve the cottages and congregate care; (21) A 20 -foot wide emergency access road shall be provided and maintained around the congregate care facility; (22) The CC &Rs shall contain provisions which prohibit on- street parking. The streets shall be clearly marked as no parking zones; (23) Comply with the requirements of the Uniform Fire Code; (24) Procedures for reimbursement for water system improvements shall be implemented; (25) The maximum height of the condominium shall be 74 feet. The maximum height of the congregate care building shall be 47 feet; (26) Buffer zones as required through the environmentally sensitive areas protection ordinance shall not be disturbed; Findings: (1) The proposal is to construct a retirement community consisting of 26 detached single family dwelling units, a 40 unit condominium building, five four -unit cottage buildings and a 120 unit congregate care /nursing home facility; (2). The review includes Preliminary Planned Residential Development approval, a Conditional Use Permit for the congregate care /nursing home and a Preliminary Plat for subdivision of the property; (3) The property is zoned RMF which would allow a total density of approximately 43 dwelling units per acre; (4) The overall project density is about 18.1 dwelling units per acre. Under the PRD ordinance, the site could be developed to a maximum of 28.2 d.u. per acre; (5) The proposal has been reviewed with respect to the City's zoning and subdivision ordinances and the Comprehensive Plan; (6) A Supplemental Environmental Impact Statement (SEIS) has been prepared and given consideration in reviewing the project. The SEIS supplemented the Draft and Final EIS that was prepared for the Uplands apartment project in 1979. The Final SEIS was issued on April 6, 1992; (7) The City has conducted duly notice public hearings as required by Chapter 17.70 of the Port Angeles Zoning Ordinance; (8) The application includes a request for varying from the development standards of the underlying RMF district. These standards have been reviewed in the staff report prepared for the March 11, 1992, meeting; Conclusions: (A) As conditioned, the proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan, including Goals 1 -5; Residential Policies Nos. 2 -9, 11 -13 and 15- 19; Circulation Policies Nos. 2, 4, 5,7, 10, 13 and 18; Parks and Recreation Policies Nos. 1 -5; Urban Design Policies Nos. 2 and 4; Social Policy No. 4; Open Space Policy Nos. 3 and 4; Social Objectives Nos. 1 -3; Circulation Objective No. 1; Economic Objectives Nos. 1 and 2; and Land Use Objectives Nos. 1 -7; (B) As conditioned, the proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than normally achieved by traditional development of a subdivision; (C) As conditioned, the proposed development will be compatible with adjacent existing and future developments; (D) As conditioned, all necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development; (E) As conditioned, the internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street; (F) As conditioned, each phase shall meet the requirements of a complete development; (G) The proposal is consistent with the requirements of the City's subdivision ordinance for approval of a preliminary plat. Councilman Braun seconded the motion, which carried unanimously. Summary of Ordinance Adopted by the Port Angeles City Council on December 21. 1993 Ordinance No. 2785 This Ordinance of the City of Port Angeles approves a final Planned Residential Development and plat located between Lauridsen Boulevard and Melody Lane west of Golf Course Road, legally described as Lot 1 of German Short Plat No. SHP 92(09)14, recorded on December 11, 1992, in volume 24 of Short Plats, Page 68, under Auditor's File No. 679041, being a portion of Government Lot 1 in Section 14, Township 30 North, Range 6 W.W.M., Clallam County, Washington. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance took effect upon the satisfaction of the terms and conditions of this Ordinance. Publish: March 30. 1994 Becky J. Upton City Clerk