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Home My WebLink About3359• ORDINANCE NO. 33 sg AN ORDINANCE of the City of Port Angeles, Washington, approving Phase I of the Planned Residential Development known as The Reserve at Valley Creek PRD. WHEREAS, preliminary approval for The Reserve at Valley Creek PRD was given by Council on February 7, 2006; and WHEREAS, on December 8, 2008 the applicant requested Council to allow for phasing of final approval in three phases, as shown in Exhibit B; and WHEREAS, Council conducted a public hearing to consider final approval of Phase I of The Reserve at Valley Creek PRD on March 3, 2009; and WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by The Reserve at Valley Creek PRD, Phase I; and WHEREAS, the City Council finds that The Reserve at Valley Creek PRD, Phase I, provides appropriate and 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 Reserve at Valley Creek PRD, Phase I; and WHEREAS, the proponents of The Reserve at Valley Creek PRD, Phase I have made appropriate provision for public improvements; 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 development; and -1- • WHEREAS, the City Council finds that The Reserve at Valley Creek PRD, Phase I, conforms to all conditions of approval for the PRD Phase I, and that said PRD Phase I meets requirements of local and state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Exhibit A, Findings of Fact and Conclusions for The Reserve at Valley Creek PRD, Phase I, are incorporated herein and adopted. Section 2. The Reserve at Valley Creek PRD, Phase I, is hereby approved, and the appropriate officers of the City of Port Angeles are hereby authorized to sign the appropriate documents showing approval of Phase I of The Reserve at Valley Creek PRD. 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 Ord day of March, 2009. ATTEST: Becky J. U]S n, C 4y Clerk APPROVED AS TO FO l William E. Bloor, City Attorney PUBLISHED: March 8 , 2009 By Summary G:\Legal_Backup \ORDINANCES& RESOLUTIONS \ORDINANCES.2009 \5 -The Reserve PRD Phase I.022409.wpd EXHIBIT "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF PHASE I — THE RESERVE AT VALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT: Findings: 1. 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 the City to inquire into the public use and interest proposed to be served by the establishment of a subdivision. A proposed subdivision shall not be approved unless these provisions' are made. Those provisions address public health, safety and general welfare issues, the provision of recreational and open space, drainage ways, streets or roads, alleys, potable water supplies, sanitary wastes, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. 2. Chapters 16.08 (Subdivision) and 17.19 (Planned Residential Development) of the Port Angeles Municipal _ Code (PAMC) set forth local requirements for the development and approval of planned residential developments and subdivisions within the City of Port Angeles. 3. All issues relevant to the test of whether a PRD proposal should be approved were reviewed during preliminary review of The Reserve at Valley Creek PRD and subdivision. Preliminary approval was given to The Reserve at Valley Creek PRD and Subdivision on February 7, 2006, subject to 21 conditions. 4. A request to final the PRD development in three phases was submitted to the City on December 8, 2008. A significant amount of additional time was required to work through unforeseen issues surrounding on -site wetland development with the State Departments of Ecology and Fish and Wildlife, and the Army Corps ofEngineers. Phasing is requested for final development to allow completed portions of the project to be available for development in a time line closer to that originally anticipated to make up for that lost time and avail the public of the variety of housing types that will be developed in the PRD. Proposed Phase I consists of 42 residential lots, two neighborhood parks, and a large wetland area. 5. The City's Fire, Public Works and Utilities, Parks and Recreation, and Community and Economic Development Departments reviewed the final submittal and request for phasing for compliance with preliminary conditions of approval. Significant work has been done toward completion of the entire site development. Due to the manner in which the site is designed, and the installation of utilities thus far, staff determined that all components required to final proposed Phase I have been installed or completed in a satisfactory manner. As developed, stormwater drainage for Phase I is contained entirely within Phase I and is not dependent on either Phase II or Phase III for operation. 6. The site was posted with notice of public hearing in consideration of final review of Phase I as proposed on December 10, 2008, for a public hearing on January 6, 2009. Per the applicant's request(s), the City Council continued the public hearing to February 3, 2009, and again to March 3, 2009. No written comment was received as a result of that notification. However, public testimony was provided on February 3, 2009, questioning the width of the easement required along the north property line of the subject site for ingress /egress to property beyond the site. Staff responded that although Condition 1(c) requires a 15' easement, the final easement varies from 11' to 20' due to the existence of a wetland along the property line. 7. Wetlands permits were issued by the State Departments of Ecology (DOE) as part of the Department of Fisheries' HPA, and by the City under Wetland Permit WP 05 -01. Wetland permit conditions from DOE, Fisheries, and the City have been met in the construction of proposed Phase I. An as -built plan has been submitted to the Army Corps under Nationwide Permit No 39 for final acceptance. Conclusions: A. All conditions of preliminary plat approval that apply to final approval of those lots depicted as Phase I of The Reserve at Valley Creek PRD on attached Exhibit "B" have been met. All necessary utility and emergency services are provided consistent with the City's Urban Services Standards and Guidelines and the Capital Facilities Element of the City's Comprehensive Plan for final approval of proposed Phase I. As designed, development of the PRD in phases as proposed by the owner /developer on December 8, 2008, provides for the logical progression of development of the site and will not be detrimental to the public in general or nearby properties as proposed. Critical on -site wetland and stormwater drainage components have been addressed with the development of proposed Phase I such that no reliance is made upon future development for completion of those component developments. The two remaining phases shall develop according to preliminary conditions of approval and can stand apart from the Phase I development for utility and access purposes. B. On -site wetland development is in compliance with local and state regulations. An as -built plan has been submitted to the Army Corps for final acceptance. C. Chapter 58.17 RCW allows phasing for final subdivision development. The process followed for final plat review is incompliance with Section 16.08 PAMC. Adopted by the Port Angeles City Council at its meeting of March 3, 2009. EXHIBIT `B" THE RESERVE AT VALLEY CREEK Planned Residential Development Phasing PARK AREA 4 LOT 111 LOT 74 LOT 75 LOT 76 LOT 77 IIS HABITAT ENHANCEMENT AREA LOT 29 1a/1.11.IM+1•1Iti11.l.6µ11,110.1111 .. 0...MI X1..11 Mr.II 0/41- H• /11•..11. 114.11 NOT A PART OF P_-1.D. LOT 27 O • 0 J J LOT 12 OPEN SPACE PARK AREA I \ r 20 �1-p;1,. LOT 23 LOT21 J LOT 13 LOT 22 i I LCT 14 JI PAC?F__PtACE OT 15 LOT 17 1