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Home My WebLink About3442• ORDINANCE NO. 3 4 4 2 AN ORDINANCE of the City of Port Angeles, Washington, approving a 15 lot subdivision in the RMD zone known as Maloney Heights Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public use and interest served by the Maloney Heights Subdivision and dedication; and WHEREAS, the City Council finds that, subject to the condition stated in the attached Exhibit A, Condition, Findings, and Conclusions, Maloney Heights 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 Maloney Heights subdivision and dedication; and WHEREAS, the proponents of the Maloney Heights 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 Maloney Heights subdivision and dedication conforms to all conditions of the preliminary plat approval for the • • Maloney Heights subdivision and that said subdivision meets requirements of local and state law in effect at the time of the preliminary plat approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Condition, Findings and Conclusions are hereby adopted and incorporated herein. Section 2. The Maloney Heights subdivision is hereby approved, subject to the condition adopted in Section 1. Upon satisfaction of the above 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 6 t h day of December, 201 ATTEST: • a Hurd, City Clerk MAYOR, Dan Di Guilio • APPROVED AS TO FORM: .%l William oor, City Attorney , PUBLISHED: December 11, 2011 By Summary G:\LEGAL \a ORDINANCES& RESOLUTIONS \ORDINANCES.201 1\29- Maloney Heights Subdivision. 11.29.1 I.wpd • EXHIBIT "A" CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF FINAL PLAT APPROVAL OF MALONEY HEIGHTS SUBDIVISION: Condition: 1. The Conditions, Covenants, and Restrictions (CC &R's) submitted for final approval shall be filed with the plat and shall remain in effect for the life of the subdivision. Any amendment to the CC &R's that involve maintenance or oversight of the operation of communal or jointly owned facilities within the IOZ, including but not limited to stormwater and drainage facilities and the management of landscape features within rights -of -way, shall be approved by the City prior to enactment. Findings: 1. The Planning Commission conducted a public hearing on September 9, 2009, in consideration of a preliminary Infill Overlay Zone (IOZ) development entitled "Maloney Heights" in accordance with Port Angeles Municipal Code (PAMC) 16.08.050 and PAMCChapter 17.45. A recommendation of approval was subsequently forwarded to the City Council with the Council preliminarily approving the subdivision on October 6, 2009 with 14 conditions. 2. A request for final consideration of the Maloney Heights IOZ subdivision was submitted by Zenovic and Associates on behalf of the property owner Habitat for Humanity on November 21, 2011. Per Ordinance 3441, review of final subdivisions does not require a public hearing but is considered at a public meeting. 3. Port Angeles Municipal Code Chapter 16.08 sets forth local requirements for subdivision development. The City's Infill Overlay Zone requirements are found in PAMCChapter 17.45. 4. The subject property is identified by the Port Angeles Zoning Map as Residential, Medium Density, RMD and is identified on the City's Comprehensive Plan Land Use Map as Medium Density Residential (MDR). 5. The Revised Code of Washington (RCW) 58.17 contains the State's guidelines for the uniform subdivision of land. RCW Section 58.17.1 10 requires a city to ensure that the public use and interest will be served by the establishment of a subdivision. The City shall determine if appropriate provisions are made for the public health, safety, and general welfare which includes 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. 6. Following submittal of the request for final subdivision approval, the Port Angeles Public Works and Utilities Department reviewed and approved the infrastructure improvements and approved them per the conditions of preliminary approval. All utilities including potable water, sanitary waste, stormwater control, and refuse collection are available to the new lots. 7. Fire Code requires that structures within a multiple- family- zoned subdivision shall be fitted with a residential fire sprinkler system. A note on the final plat requires residential fire sprinkler systems for future development. The City's Fire Department approved the development. 8. The proposal was reviewed with respect to the City's 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. 9. The site is accessed from 16th Street between "N" and "0" Streets. Preliminary conditions of approval required improvement to the adjacent access street, 16th Street, including hard surface paving and sidewalk. Sixteenth Street and the interior street named "Maloney Court" are developed to the City's Urban Services and Standards Guidelines that includes sidewalk along one side, hard surface paving, and street trees. 10. The site is not considered a frequently flooded area; it is not listed on the Federal Emergency Management Act (FEMA) maps that denote areas that are within 100 -year flood areas. 11. The City's Police, Fire, and Public Works and Utilities Departments serve the site 12. The City's State Environmental Policy Act (SEPA) Official issued a Determination ofNonsignificance (DNS #1139) in preliminary review of the subdivision satisfying the City's responsibility under SEPA. 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 accordance with the conditions of preliminary plat approval issued by the City Council on October 6, 2009. B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance PAMC Chapter 16.08, with the Port Angeles Zoning Code PAMC Chapter 17.45, and the Washington State Subdivision Act RCW 58.17. C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare which includes 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. The condition of final approval will ensure the continued maintenance of common facilities. E. 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. Ado.ted by the Port Angeles City Council at its meeting of December 6, 2011. Dan DiGuilio, Mayor Jan a Hurd, City Clerk