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ORDINANCE NO. 3276
AN ORDINANCE of the City of Port Angeles, Washington,
approving the Cathleen Estates Subdivision.
WHEREAS, the City Council of the City of Port Angeles has considered the public
interest served by the Cathleen Estates subdivision and dedication; and
WHEREAS, the City Council finds that, subject to the conditions stated in the attached
Conditions, Findings, and Conclusions, Cathleen Estates includes appropriate 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 Cathleen Estates subdivision and dedication; and
WHEREAS, the proponents of Cathleen Estates 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 final subdivision and the estimate for bonding improvements have
been accepted by the City Engineer of the City of Port Angeles; and
WHEREAS, the City Council finds that, as conditioned, Cathleen Estates subdivision
and dedication conforms to all conditions of the preliminary plat approval for Cathleen Estates
and /or developer's agreement and that said Cathleen Estates subdivision meets requirements of
local and state law in effect at the time of the preliminary plat approval.
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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 Cathleen Estates 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, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 4th day of April, 2007.
ATTEST:
Becky J. Up , Ci' Clerk
APPROVED AS TO FO
William E. Bloor, City Attorney
PUBLISHED: April R , 2007
By Summary
G:\Legal_ Backup \ORDINANCES &RESOLUTIONS\2005 -41 CathleenEstatessubdivision.wpd
March 28, 2007
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CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CATHLEEN ESTATES
FINAL SUBDIVISION:
Condition:
1. A bond or other securities acceptable to the City Attorney in the amount of $36,147 shall be
required to be in place to cover the cost of required improvements that have not been
completed at the time of final plat approval until such time as all conditions of preliminary
plat approval have been met.
Findings:
1. Preliminary approval was given by the City Council for the 12 -unit subdivision entitled
"Cathleen Estates" on November 15, 2005. The property is identified as being Suburban Lot
55 less the westerly 5 acres thereof and located between "N" Street and Milwaukee Drive on
West 10th Street. The site is approximately 3.38 acres in size and is rectangular in
configuration.
2. The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS -9) which allows a density of up to 7 units per acre. The proposed drawing
indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area.
3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for
the approval of subdivisions Section 16.08.050(B)(2) of the Port Angeles Municipal Code
allows for bonding in the amount of 150% the expected cost of improvements in the event
a developer elects to bond for improvement completion rather than placement prior to final
approval. In the event that bonding is preferred, wording must be placed on the plat such
that "No occupancy of dwelling units will be allowed until all roadway and utility
improvements have been completed and approved by the City Engineer." The prescribed
wording has been placed on the face of the final mylar. The developer has stated his intent
to bond. An engineer's estimate has been approved by the City Engineer.
4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State. 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 and 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 and other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, and schools 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.
Cathleen Estates Final
April 4, 2007
Page 2
5. The Port Angeles Public Works and Utilities Department, Parks and Recreation, and Fire
Departments reviewed the proposed subdivision and forwarded comments and specific
conditions which were incorporated in the conditions of preliminary approval.
6. The Comprehensive Plan requires concurrency at the time of development for streets, water
service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9)
and should require concurrency at the time of development for solid waste collection,
stormwater management, telecommunications service, and emergency service (Capital
Facilities Element Policy A.10). The proposal was reviewed with respect to the
Comprehensive Plan and found to be in compliance.
7. The purpose of the City's RS -9, Residential Single Family zone is a low density residential
zone intended to create and preserve urban single family residential neighborhoods
consisting of predominantly single family homes on larger than standard Townsite -size lots.
The proposal is intended to provide an additional number of residential building sites within
the City limits
8. The site is currently served by West 10th Street from "N" Street. Access streets are
improved to low impact development standards. "N" Street is a collector arterial and a
designated school walking route but is not a designated bicycle route. Conditions were
included in preliminary plat approval which addressed street development and that each lot
within the subdivision shall be subject to The Estates at Milwaukee Subdivision
Development Reimbursement Agreement for previous utility improvements in the area.
9. There are no environmentally sensitive areas on the site. The site slopes to the northwest.
The site is not considered a frequently flooded area and is not listed on the Federal
Emergency Management Act (FEMA) maps which denote those areas that are within 100 -
year flood areas.
10. Building permits are required for all structures within the subdivision. All local building and
Fire Codes shall be complied with during construction including residential sprinkler
systems.
11. The site will be serviced by the City's Police, Fire, and Public Works & Utilities
Departments. All utilities including potable water, sanitary waste, and refuse collection are
available in the area. Transit service is available along "N" Street east of the site.
12. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance for the preliminary subdivision on October 28, 2005, therefore satisfying
the City's responsibility under the Act.
13. The William R. Fairchild International Airport is located south of the site. Port of Port
Angeles staff has been notified of the proposed subdivision proposal and per agreement with
the Port, it is expected that those who purchase properties in the final subdivision will be
aware of the existing on -going airport operation.
Cathleen Estates Final
April 4, 2007
Page 3
14. The Planning Commission recommended approval of the preliminary subdivision on October
26, 2005, following a public hearing. Nine conditions were included in the recommendation
which addressed improvements needed to ensure consistency with City development
standards.
15. The site was posted for a land use action review and a legal publication was placed in the
Peninsula Daily News on September 18"'. No comments were received as a result of the
actions.
Conclusions:
A. 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
State of Washington Growth Management Act and Subdivision requirements.
B. As conditioned, utility improvements not completed at the time of final approval will be
secured for future development prior to occupancy of structures within the subdivision in
accordance with Section 16.08.050(B)(2) of the Port Angeles Municipal Code.
Adopt
by the Port Angeles City Council at its meeting of April 4, 2007.
Ott .
Kar; n A. Rogers, Mayor
Summaries of Ordinances Adopted by the
Port Angeles City Council
on April 4, 2007
Ordinance No. 3275
This Ordinance of the City of Port Angeles, Washington, approves the Church Street
Subdivision.
Ordinance No. 3276
This Ordinance of the City of Port Angeles, Washington, approves the Cathleen Estates
Subdivision.
Ordinance No. 3277
This Ordinance of the City of Port Angeles, Washington, amends Chapter 13.57 of the
Port Angeles Municipal Code to establish a sales price for Class A Compost.
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: April 8, 2007