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ORDINANCE NO. 3 314
AN ORDINANCE of the City of Port Angeles, Washington,
approving the 9 unit subdivision in the RMD zone known as
Danny's Subdivision.
WHEREAS, the City Council of the City of Port Angeles has considered the public
interest served by Danny's Subdivision and dedication; and
WHEREAS, the City Council finds that, subject to the conditions stated in the attached
Conditions, Findings, and Conclusions, Danny's Subdivision 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 Danny's Subdivision and dedication; and
WHEREAS, the proponents of Danny's 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, Danny's Subdivision and
dedication conforms to all conditions of the preliminary plat approval for Danny's Subdivision
and that said 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. Danny's 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 18th . day of December, 2007.
MAYOR
ATTEST:
ilk 1
Becky J. U.�: , 'a Clerk
APP OVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: December 23 , 2007
By Summary
2007- 52.Danny's Subdivision -Vert. 120507.wpd (December 18, 2007)
-2-
CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF FINAL PLAT
APPROVAL OF DANNY'S SUBDIVISION:
Conditions:
1. A bond in the amount of 150% of the site engineer's approved estimate for the completion
of improvements to Park Avenue shall remain in full force until such improvements are
completed and approved by the City of Port Angeles. Those improvements are identified
in the engineering estimate presented on behalf of the property owner by Zenovic and
Associates, Inc., dated November 28, 2007. All required improvements to Park Avenue
shall be completed no later than October 31, 2009.
2. Occupancy of dwelling units for Lots 1,2, and 3 shall not occur until final improvements to
Park Avenue have been made and approved. A note to this effect shall appear on the final
recording document.
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 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 subdivision shall not be approved unless the city can make written
findings that these provisions are made.
3. The Planning Commission conducted a public hearing on February 8, 2006, in consideration
of the preliminary plat of Danny's Subdivision in accordance with Section 16.08.050
PAMC. A recommendation of approval was subsequently forwarded to the City Council
that concurred with the Planning Commission's recommendation and was subject to 6
conditions.
4. The Port Angeles Public Works and Utilities and Fire Departments reviewed the
improvements placed during development of the subdivision. Improvements were approved
with the exception of required improvements to Park Avenue. The property owner asked to
bond improvements required along the Park Avenue frontage, per Section 16.08.050(B)(2)
of the Port Angeles Municipal. Code. The Public Works and Utilities Department agreed
that a bond or other form of security acceptable to the City Attorney will be accepted given
the minor work remaining and under the condition that a narrow time frame be allowed.
5. A request for final consideration of the subdivision was submitted by Zenovic and
Associates on behalf of property owners John and Gail Ralston on November 29, 2007.
Public notification of the public hearing scheduled for December 18, 2007, was placed in
the Peninsula Daily News on December 7, 2007, with notice posted on site and mailed to
surrounding property owners on December 5, 2007, as required by Section 17.95.040
PANIC.
6. The subject property is partially identified as Low Density Residential with the northern
portion located in an indeterminate boundary between Low Density Residential and High
Density Residential on the Port Angeles Comprehensive Plan Land Use Map.
7. The proposal was reviewed with respect to the Comprehensive Plan. The following
Comprehensive Plan policies were found to be most relevant to the proposal: Growth
Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.1,
B.2, B.3, and B.4, Goal C; Transportation Element Goal A, Policy A.3, A.6, and A.11;
Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B,
Policy B.1, B.3, B.4, B.5, B.6, B.7, C.1, C.2, C.3, C.4, C.5, and C.7.
8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element Policy A.9).
9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development
should be designed to further the grid system pattern. Preliminary approval will be based
upon the dedication of right -of -way to ensure compliance with the policy.
10. The subject property is identified by the Port Angeles Zoning Map as Residential, Medium
Density, RMD, which requires a minimum 7,000 square foot lot size. Lots within the final
subdivision exceed 7000 square feet in area.
11. The site is currently served by Park Avenue, Highland Avenue, and Porter Street. Park and
Highland Avenue are collector arterials and designated school walking routes. Highland is
a local access street. Preliminary conditions of approval required improvement to adjacent
streets: Park and Highland Avenues. Porter Street did not require improvement.
Improvements to Park Avenue will result in a final roadway width of 40 -feet with curb and
a 6' pedestrian sidewalk established on the south side per the City's development standards.
A 10 -foot dedication of right -of -way is identified on the final plat along the south side of
Park Avenue, and a 30 -foot dedication along the north side of Highland Avenue. The
dedication of land for Highland Avenue includes a separate dedication to include adequate
area to construct a cul -de -sac at the west end of Highland Avenue.
12. There are no environmentally sensitive areas on the site. The site slopes slightly downward
from the southeast to the west. The site is not considered a frequently flooded area as it is
not listed on the Federal Emergency Management Act (FEMA) maps which denote those
areas that are in 100 -year flood areas.
13. Transit service is available along Lauridsen Boulevard, located approximately 1/4 mile north
of the site.
14. Fire Code requires that any multiple family structure within the subdivision shall be fitted
with a residential sprinkler system. A note is shown on the final plat reflecting this
requirement.
15. The Port Angeles School District was notified of the development to allow them to plan for
needed public school facilities and routes. The nearest school bus stop is located at Mt.
Angeles Road and Park Avenue.
16. All utilities including potable water, sanitary waste, and refuse collection are available in
the area.
17. The City's Police, Fire, and Public Works Departments will serve the site.
18. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1139) in preliminary review of the subdivision thereby satisfying
the City's responsibility under the Act.
Conclusions:
A. As conditioned, the final subdivision is consistent with the Port Angeles Comprehensive
Plan and Zoning Code, and required improvements have been made in accord with the
conditions of preliminary plat approval issued by the City Council on March 7, 2006.
B. 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.
C. 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.
D. 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 with services provided per standards set by the City's Urban
Services and Standards Guidelines.
Adopted by the Port Angeles City Council at its meeting of December 18, 2007.
a
Karen A. Rogers, Mayor
6-0 Becky J. Up n, CI y Clerk
Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 18, 2007
Ordinance No. 3313
This Ordinance of the City of Port Angeles, Washington, amends Chapter 3.70 of the Port
Angeles Municipal Code relating to development fees. This Ordinance shall take effect January
1, 2008.
Ordinance No. 3314
This Ordinance of the City of Port Angeles, Washington, approves the 9 -unit subdivision in the
RMD zone known as Danny's 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.
Unless otherwise stated above, these Ordinances shall take effect five days following the date of
publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: December 23, 2007