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HomeMy WebLinkAbout3249• • ORDINANCE NO. 3249 AN ORDINANCE of the City of Port Angeles, Washington, approving the Ennis Creek Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Ennis Creek Subdivision and dedication; and WHEREAS, the City Council finds, subject to the attached Conditions, Findings and Conclusions, the Ennis Creek Subdivision provides appropriate, adequate provisions for the public health, safety and general welfare; and WHEREAS, the City Council finds that the public interest will be served by approval of the Ennis Creek Subdivision and dedication; and WHEREAS, the proponents of the Ennis Creek Subdivision and dedication have made appropriate provision for public improvements as stated in more detail in the attached Conditions, Findings and Conclusions; and WHEREAS, the City of Port Angeles Public Works and Utilities Department has certified that there are adequate means for supplying water and for sewage disposal in the subdivision and dedication; and WHEREAS, the City Council finds that, as conditioned, the Ennis Creek Subdivision and dedication conforms to all conditions of the preliminary plat approval for Ennis Creek, and that said Ennis Creek subdivision meets requirements of local and state law in effect at the time of the preliminary plat approval. -1- • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Conditions, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. The Ennis Creek subdivision is hereby approved, subject to the conditions referenced in Section 1 above. Upon satisfaction of the conditions, the appropriate officers of the City of Port Angeles are hereby authorized to sign the final subdivision plat and authorize recording of the document with the Clallam County Auditor. Section 3. Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 6th day of June, 2006. ATTEST: Clerk APPR ®VED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: June 11 , 2006 By Summary G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS\ 2006 -16. EnnisCreekSubdivision .052406.wpd May 26, 2006 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE FINAL PLAT OF ENNIS CREEK SUBDIVISION: Conditions: 1. All necessary easements for access, drainage, and utilities shall be shown on the final plat. 2. All residential structures shall be fitted with fire sprinkler systems. 3. Electric utility service to the subdivision shall be underground. 4. Individual lot owners shall submit stormwater management plans as part of building permit applications. 5. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Public Works and Utilities Department. 6. The sensitive area tract shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 7. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit of the 25 -foot buffer at the top of the bank as shown by survey with signage indicating that the ravine and Ennis Creek are Environmentally Sensitive areas. Signage shall be placed at locations that may provide access to the public. 8. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. 9. Sidewalks shall be constructed along. the west side of Del Guzzi Drive abutting the subdivision lots. Construction may occur at the time of development. A note shall be placed on face of the final plat requiring that sidewalk development be completed prior to occupancy of individual lots. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. 2. 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 schoolgrounds, 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. 3. The Planning Commission forwarded a recommendation of approval for the preliminary Ennis Creek Subdivision on March 8, 2006, with conditions. 4. A final subdivision application was submitted to the City on May 12, 2006, for review. 5. Public notice of the final subdivision application was published on May 26, 2006 in the Peninsula Daily News and posted on the site on May 22, 2006. 6. The proposal was reviewed with respect to the preliminary conditions of approval. Reviewing City Departments were satisfied that departmental conditions have been met. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subdivision or are available in the area. The site is currently served by the City's Police, Fire, and Public Works Departments. Conclusions: A. All conditions of preliminary approval of the Ennis Creek Subdivision have been satisfied with the exception of the development of sidewalks. Sidewalk development shall occur at the time residential structures are developed in order to ascertain the exact placement of driveway curb cuts and to eliminate unnecessary redevelopment of the sidewalks, curbs, and gutter system. B. 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, sidewalks and other planning features. C. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances, and the Washington State Subdivision Act Chapter 58.17 RCW. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. Adopted by the Port Angeles City Council at its meeting of June 6, 2006. A. Rogers, Ma Kare Mayor Becky J. Up n, ity Clei+k W AS H 1 N G T O N, U.. S. A. .Community & Economic Development Department. June 14, 2006 Mr. and Mrs. William Ludwick. 5319 Bluebonnett Drive Colleyville, Texas 76034 RE: Final Approval Ennis Creek Subdivision Del Guzzi Drive Dear Bill and Carol: As you know, the City Council conducted a public hearing in review of the final submittal for the Ennis Creek. Subdivision at its regular meeting of June 6, 2006. Following the hearing, the City Council approved the final subdivision with the following condition: Condition: To enable logical residential development, a note shall be placed on the face of the plat that sidewalks shall be installed prior to final of each residential structure. All sidewalk development is required to be completed within two years from the date of approval of the subdivision whether or not final build out has occurred. The applicant shall submit a bond or another approved security per Section 16.08.050(B)(2) PAMC prior to the fmal filing of the subdivision to ensure that the sidewalk development is accomplished within the prescribed time line. The condition addresses the Council's determination that sidewalk development will be completed within a two year period while enabling you to somewhat delay the development such that the new sidewalk will not be damaged during construction. The intent is not to put that responsibility on the new property owners, and so the monies will be required to be placed in an account during the interim period. As always, if you have any questions, please don't hesitate to contact this department. We look forward to commencement of the development activity! Sincerely, Sue Roberds . Planning Manager cc: Zenovic Associates Public Works and Utilities Phone: 360- 417 -4750 / Fax: 360- 417 -4711 Website: www.cityofpa.us / Email: srnartgrowth @c.ityofpa.us 321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362 -0217 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF FINAL APPROVAL OF THE ENNIS CREEK SUBDIVISION. Conditions: 1. All necessary easements for access, drainage, and utilities shall be shown on the final plat. 2. All residential structures shall be fitted with fire sprinkler systems. 3. Electric utility service to the subdivision shall be underground. 4. Individual lot owners shall submit stormwater management plans as part of building permit applications. 5. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Public Works and Utilities Department. 6. The sensitive area tract shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 7. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit of the 25 -foot buffer at the top of the bank as shown by survey with signage indicating that the ravine and Ennis Creek are Environmentally Sensitive areas. Signage shall be placed at locations that may provide access to the public. 8. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. 9. A note shall be placed on the face of the plat that sidewalks shall be installed prior to final of each residential structure. All sidewalk development is required to be completed within two years from the date of approval of the subdivision whether or not final build out has occurred. The applicant shall submit a bond or another approved security per Section 16.08.050(B)(2) PAMC prior to the final filing of the subdivision to ensure that the sidewalk development is accomplished within the prescribed time line. Findings of Fact: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. 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. Ennis Creek Subdivision final approval Conditions, findings, and conclusions Page 2 3. The Planning Commission forwarded a recommendation of approval of the preliminary Ennis Creek Subdivision to the City Council on March 8, 2006, with conditions. 4. A final subdivision application was submitted to the City on May 12, 2006, for review. 5. Public notice of the final subdivision application was published on May 26, 2006, in the Peninsula Daily News and posted on the site on May 22, 2006. 6. The proposal was reviewed with respect to the preliminary conditions of approval. Reviewing City Departments were satisfied that departmental conditions have been met. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subdivision or are available in the area. The site is currently served by the City's Police, Fire, and Public Works and Utilities Departments. Conclusions: 1. As conditioned, the preliminary subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 3. 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. 4. Signage educating residents and visitors to the sensitive nature of the critical area will serve to protect the creek and slopes. 5. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act. Adopted by the Port Angeles City Council at its meeting of June 6, 2006 ,....," el7L-'' Karen A. Rogers, Mayor Becky J. Upt n, ity Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on June 6, 2006 Ordinance No. 3246 This Ordinance of the City of Port Angeles, Washington, adopts an updated Comprehensive Plan and Land Use Map. Ordinance No. 3247 This Ordinance of the City of Port Angeles, Washington, amends the Comprehensive Plan Land Use Map by redesignating the area along the Race Street corridor, between 6th Street to 4th Street, from Medium Density Residential to Commercial. Ordinance No. 3249 This Ordinance of the City of Port Angeles, Washington, approves the Ennis Creek Subdivision. The full texts of the Ordinances are 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. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: June 11, 2006