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Home My WebLink About3370• • ORDINANCE NO. 3370 AN ORDINANCE of the City of Port Angeles, Washington, approving the 13 lot subdivision in the RS -9 zone known as JOKRIJO Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public use and interest served by the JOKRIJO subdivision and dedication; and WHEREAS, the City Council finds that, subject to the condition stated in the attached Condition, Findings, and Conclusions, JOKRIJO 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 the JOKRIJO subdivision and dedication; and WHEREAS, the proponents of the JOKRIJO subdivision and dedication have made appropriate provision for public improvements, as stated in more detail in the attached Condition, 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, the JOKRIJO subdivision and dedication conforms to all conditions of the preliminary plat approval for the JOKRIJO subdivision and that said 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 Condition, Findings and Conclusions hereby are adopted and incorporated herein. Section 2. The JOKRIJO subdivision is hereby approved. subject to the condition referenced in Section 1 above. Upon satisfaction of the condition, 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 August, 2009. ATTEST: Becky J. n, _ ity Clerk AP ' OVEDAS TO FORM: am E. oor, City Attorney PUBLISHED: August 9 , 2009 By Summary G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \ORDINANCES.2009\24- Jokdjo Subdvision.072809.wpd -2- AYO Exhibit "A" CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF FINAL APPROVAL OF JOKRIJO SUBDIVISION: CONDITIONS: 1. Minimum bonding in the amount of 150% of the engineer's estimate received by the City on July 15, 2009, shall be in place prior to authorization of final of the final subdivision mylar. 2. If changes are proposed to the approved stormwater development plans, the developer shall submit such proposed changes to the City Public Works and Utilities Department for review and approval prior to construction. Changes to approved plans may necessitate a requirement for additional detention and /or treatment facilities. FINDINGS: 1. Preliminary approval was given by the City Council for the 13 -unit subdivision entitled "JOKRIJO" on October 2, 2007. The property is located on 10`h Street between "N" Street and Milwaukee Drive in the City's RS -9 Residential Single Family zone. The site is approximately 3.33 acres in area. 2. 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. These components were reviewed during preliminary consideration of the subdivision and were found to be addressed in the proposal. Written findings were provided in that preliminary approval. 3. RCW 58.17.140 requires that final plats shall be approved, disapproved, or returned to the applicant within thirty (30) days from the date of filing thereof, unless the applicant consents to an extension of such time period. Final approval was submitted on June 26, 2009; however, staff did not receive the engineer's estimate for proposed bonding until July 15, 2009. The application was deemed complete on July 15, 2009. The City Council shall act upon the final plat within thirty (30) days of receipt of such a plat that has been deemed complete by City staff. 4. Chapter 16.08 PAMC sets forth local requirements for the approval of subdivisions. Section 16.08.050(C) PAMC requires final approval of a plat to conform to the preliminary plat as approved by the City Council. Section 16.08.050(B)(2) of the Port Angeles Municipal Code allows for bonding of required improvements. Nine (9) conditions of approval were attached to preliminary plat approval. Three (3) of the nine (9) conditions have been approved ( #6, 8, and 9), and six (6) of the nine (9) conditions have been bonded. JOKRIJO Final Subdivision Findings and Conclusions August 4, 2009 Page 2 5. Section 16.08.050(B)(2) provides that final improvements can be completed either by actual improvement or through bonding. In the event that a developer desires to bond for the completion of improvements, an engineer's estimate must be provided for completion of the improvements, and, if it is determined that bonding is allowed, no occupancy of dwelling units will be allowed until roadway and utility improvements have been completed and approved by the City Engineer. The bonding amount shall be equal to 150% the cost of improvements required by preliminary approval. The developer has stated his desire to bond, and the City Engineer has approved an engineering estimate for the work. Wording "No occupancy of dwelling units will be allowed until lot monumentation and all roadway and utility improvements have been completed and approved by the City Engineer" is contained on the final mylar. 6. Community and Economic Development Department, Public Works and Utilities, and Fire Department staff reviewed the final plat submittal to determine its completeness with the approved preliminary plat. 7. Per 16.080.050.0 PAMC, at least ten days prior to the public hearing before the City Council at which the Final plat is to be considered, a notice regarding said hearing shall be posted in a conspicuous location on the site. The site was posted for land use action, and a legal publication was placed in the Peninsula Daily News on July 21, 2009. No comments were received as a result of those notification actions. 8. Final approval was submitted on June 26, 2009; however, staff did not receive the engineer's estimate for proposed bonding until July 15, 2009. The application was deemed complete on July 15, 2009. The City Council shall act upon the final plat within thirty (30) days of receipt of such a plat that has been deemed complete by City staff. CONCLUSIONS: A. As conditioned, improvements not completed at the time of final approval have been 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. B. The public interest is served in the platting of this subdivision as is 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. C. The final subdivision was processed in accordance with Section 58.17 RCW. Adopted by the Port Angeles City Council at its meeting of August 4, 2009. Gary Braun, Mayor Becky J. Upton, City Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on August 4, 2009 Ordinance No. 3369 This Ordinance of the City of Port Angeles, Washington, rezones Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, from Residential Single Family (RS- 7) to Commercial Office (CO). Ordinance No. 3370 This Ordinance of the City of Port Angeles, Washington, approves the 13 -lot subdivision in the RS -9 zone known as JOKRIJO Subdivision. Ordinance No. 3371 This Ordinance of the City of Port Angeles, Washington, revises Chapter 3.42 of the Port Angeles Municipal Code relating to the Treatment Plant Operations and Maintenance Fund. Ordinance No. 3372 This Ordinance of the City of Port Angeles, Washington, revises Chapter 3.70 of the Port Angeles Municipal Code relating to Medic I Charges. Ordinance No. 3373 This Ordinance of the City of Port Angeles, Washington, adopts a Facade and Signage Improvement Program. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us , or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday, 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, MMC City Clerk Publish: August 9, 2009