HomeMy WebLinkAboutMinutes 01/17/2006
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CALL TO ORDER-
SPECIAL MEETING:
Council Orientation
Workshop
ADJOURN SPECIAL
MEETING:
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
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PLEDGE OF
ALLEGIANCE:
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5784
CITY COUNCIL MEETING
Port Angeles, Washington
January 17, 2006
Mayor Rogers called the special meeting of the Port Angeles City Council to order at
5:03 p.rn.
Council Orientation Work Shop:
Attorney Bloor, aided by PowerPoint slides, provided an orientation for the
Councilmembers by reviewing selected laws pertinent to the nature, powers, and
classifications of cities, the role of the City Council and City Manager, and the
separation of governmental powers. He summarized the Council Rules of Procedure,
as well as laws relating to conduct, duties and liabilities, conflicts of interest, ethics,
appearance of fairness, prohibitions, competitive bidding requirements, Council
meetings and the Open Public Meetings Act. Attorney Bloor also reviewed the conduct
of meetings, executive sessions, open government, public records disclosure, and his
role as the City Attorney. He provided the Council a comprehensive Resource Book
prepared by his staff, after which discussion followed.
The special meeting was adjourned at 5:56 p.rn.
Mayor Rogers called the regular meeting of the Port Angeles City Council to order at
6:06 p.m.
Members Present:
Mayor Rogers, Deputy Mayor Williams, Councilmembers
Braun, Erickson, Mumo, Pittis, and Wharton.
Members Absent:
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
D. McKeen, T. Riepe, Y. Ziomkowski, G. Kenworthy, S.
Johns, J. Mahlum, N. West, and S. Roberds.
Public Present:
J. Powell, J. Brewer, B. Wise;J. Brewer, M. Haggerty, T.
Reid, S. McGarvie, C. Dahinden, D. Barrett, M. Tonzonals,
D. Madison, C. Melly, R. Steinman, T. Rymer, F. & A.
Andrews, F. & W. Rix, I. McKelvie, S. Rigg, N. & D.
Hagins, J. Harmon, D. Reiss, E. Tuttle, E. Butler, L. & D.
Blank, A. & M. Whetstine, C. Berg, S. Zenovic, J.
Hofrichter, C. Kidd, T. Armstrong, L. Brisbin, V. & L.
DelGuzzi, P. Spivack, Q. Boe, D. Mudd, R. Headrick, B.
Nicholson, N. Nussbaum, D. Holth, B. Cook, M. & L.
Ostrowski, C. Wood, and S. Ostrowski. All others present
in the audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Deputy Mayor Williams, followed by
a welcome from Mayor Rogers to students from the Contemporary Issues Class, Port
Angeles High School.
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5785
CITY COUNCIL MEETING
January 17, 2006
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Olympic Peninsula
Narcotics Enforcement
Team (OPNET)
Presentation
Proclamation Recognizing
John Brewer, Past President
of Port Angeles Downtown
Association
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
FINANCE:
Dry Creek Water
Association Transfer
Agreement
Lindberg & Smith
Architects Consultant
Agreement
Parametrix Consultant
Agreement
1. Olympic Peninsula Narcotics Enforcement Team (OPNET) Presentation:
Police Chief Riepe opened the presentationregarding the intergovernmental partnership
that formed the Olympic Peninsula Narcotics Enforcement Team (OPNET), comprised
of representatives of the Port Angeles Police Department, the Clallam County Sheriff s
Department, and the Washington State Patrol. Representatives of the Task Force, with
the use of Power Point slides, discussed the Task Force's efforts to reduce the number
of drug traffickers in communities through professional investigation, apprehension,
and conviction. The Task Force members informed the Council they also provide
assistance and tactical support on other cases. Discussion was generated on the matter
of funding needs to continue the Task Force in view of federal funding cuts.
Discussion followed.
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2. Proclamation Recognizing John Brewer, Past President of Port Angeles
Downtown Association:
Mayor Rogers read and presented a proclamation to John Brewer, honoring his service
as Past President ofthe Port Angeles Downtown Association. Mr. Brewer introduced
ArIa Holzschuh, Executive Director of the Port Angeles Downtown Association, as
well as Association members Kevin Thompson, Jan Harbick, and Charlie Smith.
None.
Manager Madsen added the Award of 2006 Storm Repairs as Agenda Item EA.,
Finance.
Charles Smith, Design Chair for the Port Angeles Downtown Association, 624 South
Oak Street, presented the Council with copies of the Streetscape and Hardscape Design
Manual.
1.
Dry Creek Water Association Transfer Agreement:
Public Works & Utilities Director Cutler presented information relative to the Transfer
Agreement needed in order to facilitate the disconnection of customers from the Dry
Creek Water system with subsequent connection to the City's water system. The
agreement was recommended for approval by the Utility Advisory Committee.
Councilmember Williams moved to approve the Transfer Agreement and
authorize the Public Works & Utilities Director to sign the Agreement on behalf
of the City, and make minor changes if necessary with the approval of the City
Manager. The motion was seconded by Councilmember Braun and carried
unanimously. .
2. Lindberg & Smith Architects Consultant Agreement:
Director Cutler summarized the architect agreement with Lindberg & Smith, noting the
scope of work focuses on the Front Street streets cape and the expansion of the Senior
Center. Councilmember Williams noted the support of the streetscape by the Port
Angeles .Forward Committee. Following'discussion as to the cost per hour for
architectUral services, as well as the need for improved signage, Council member
Munro moved to approve and authorize the Mayor to sign an Agreement for 2006
Professional Services with Lindberg & Smith Architects in the not to exceed
amount of$50,000. Councilmember Williams seconded the motion, which carried
unanimously.
3.
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Parametrix Consultant Agreement:
Director Cutler reviewed the Parametrix Consultant Agreement and the services to be
provided in conjunction with the Landfill, Transfer Station and other related projects.
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Parametrix Consultant
Agreement (Cont'd)
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Award of 2006 Storm
Repairs
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
PUBLIC HEARINGS -
OTHER:
Street Vacation Petition -
Gardner - Portion of
Second Street East of
Vacated Alder Street
CITY COUNCIL
COMMITTEE
REPORTS:
RESOLUTIONS:
OTHER
CONSIDERATIONS:
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Preliminary Subdivision
Review - Bell Aire Estates -
lOth Street / Milwaukee
Drive
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CITY COUNCIL MEETING
January 17, 2006
5786
Following brief discussion on the hourly rate, it was noted the Utility Advisory
Committee had recommended approval. Councilmember Braun moved to approve
. and authorize the Mayor to sign an Agreement for 2006 Professional Services
with Parametrix in the not to exceed amount of $548,702. The motion was
seconded by Councilmember Munro and carried unanimously.
4.
Award of 2006 Storm Repairs:
Director Cutler provided a brief summary of storm damage repairs needed on Ediz
Hook and the Olympic Discovery Trail at various locations east of the Rayonier Mill
site. Brief discussion ensued, after which Councilmember Munro moved to award
the project and authorize the Mayor to sign a contract with Jordan Excavating,
Inc., in the amount of $44,848.00 for the 2006 Storm Repairs Project 06-02.
Councilmember Braun seconded the motion, which carried unanimously.
. Mayor Rogers recessed the meeting for a break at 7:00 p.rn. The meeting reconvened
at 7:10 p.m.
None.
1.
Street Vacation Petition - STV 05-05 Gardner - A Portion of Second Street
East of Vacated Alder Street:
Principal Planner West reviewed for the Council the proposed street vacation at 2nd
. Street east of vacated Alder Street. He cited the reference map to describe the specific
area, noting there was 100 per cent agreement for the vacation. Approval has been
recommended by both the Planning Department and the Planning Commission, and
Manager Madsen indicated the Real Estate Committee had set compensation at $3.00
per square foot.
Mayor Rogers opened the public hearing at 7: 12 p.m. There being no public testimony,
the public hearing was closed at 7: 12 p.rn. Brief discussion followed. In keeping with
the requirement for a first reading ofthe Ordinance, Mayor Rogers read the Ordinance
by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, vacating
a portion of 2nd Street, in Port Angeles, Clallam County, Washington.
Mayor Rogers indicated that [mal action on the Ordinance would be deferred to the
next Council meeting.
None.
None.
1.
Preliminary Subdivision Review - Bell A ire Estates - 10th Street I Milwaukee
Drive:
Principal Planner West presented information relative to the 16-unit preliminary
subdivision review for Bell Aire Estates at 10th Street and Milwaukee Drive. He
advised the Council of a revised recotnrllendation in that an Ordinance would not be
proposed for adoption until the final subdivision comes before the Council.
Councilmember Williams related that he is a realtor, but he holds no financial or
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5787
CITY COUNCIL MEETING
January 17,2006
OTHER
CONSIDERATIONS:
Preliminary Subdivision
Review - Bell Aire Estates -
10th Street / Milwaukee
Drive (Cont'd)
Preliminary Planned
Residential Development
Review - The Reserve at
Valley Creek
transactional interests in the area. Although he could represent a future buyer or seller,
he felt he could review the subdivision objectively. Mayor Rogers inquired as to
whether anyone in the audience wished to address the Council relative to the
subdivision, and no one asked to speak. Councilmember Pittis moved to concur
with the Planning Commission's recommendation to give preliminary approval
to the Bell Aire Estates, citing Conditions 1 -10, Findings 1 - 21, and Conclusions
1 - 4. The motion was seconded by Councilmember Braun and carried
unanimously.
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2. Preliminary Planned Residential Development Review - The Reserve at
Valley Creek:
Mayor Rogers opened the proceedings by stating the process that would be followed
pertinent to the proposed Preliminary Planned Residential Development at The Reserve
at Valley Creek. The Mayor posed questions to the Council as relates to appearance
of fairness issues, and the Councihnembers responded as to their ability to hear the
issue with impartiality. Councilmember Williams stated he received a sealed packet
from a realtor containing materials after which he informed the realtor that the materials
were subject to disclosure. The packet was given to the City Attorney and not returned.
Additionally, Councihnember Williams received a letter from Bernice Cook which he
assumed was in relation to the project. Further, he stated he is a realtor, but he has no
proposed or pending transactions, and he felt he could be fair and impartial.
Counci1nlember Wharton indicated she lives about 1/4 mile from the neighborhood.
She was invited to a meeting on the subject, but she responded her attendance would
not be appropriate. She, too, received a letter from Bernice Cook, a letter that was
reviewed twice when she served on the Planning Commission. She felt she could be
fair and impartial in the deliberations. Councilmember Williams added that his
employer lives in the vicinity, but no conversations on the project have been held.
Mayor Rogers indicated her husband is a realtor, but they have not discussed the
project. Mayor Rogers inquired as to whether anyone in the audience wished to have
a Councihnember disqualified from the deliberations, and there were no
disqualifications expressed.
Associate Planner Johns presented information on The Reserve at Valley Creek. Using
PowerPoint slides, Planner Johns provided a brief overview of the purpose of planned
residential developments to encourage design flexibility, conservation and protection
of natural amenities and critical areas and to provide innovation in residential
developments. Planner Johns displayed maps showing the 34.5 acres at Laurel and
Ahlvers, that included Valley Creek, the ravine, and the wetlands in the area to be
developed. Drawings were presented that showed housing lots and the location of
roads and sidewalks. He reviewed proposed wetland mitigation, as well as input from
state agencies on the mitigation plan. Planner iohns noted a slight deficit in the
common usable open space and recreational area, but it has been proposed that open
space at the Independent Bible Church be utilized for that purpose.
Lengthy discussion ensued with the Council questioning Planner Johns on such matters
as the area not annexed, the location of open areas in the wetland buffer, the two traffic
studies conducted, traffic impacts once school is out, and comments submitted by the
Department of Transportation recommending a traffic light at Laurel and Highway 10 L
Planner Johns indicated the space limitation would conflict with that distance, so the
DOT suggested a traffic circle or a roundabout. A more logical solution might be to
move the traffic light west to Laurel and Highway 101, with a traffic circle at
Lincoln/Lauridsen. Planner Johns discussed requirements beyond the traffic impacts
having to do with the widening of Laurel Street and the addition of sidewalks. He also
discussed the developers fmancial contributions to traffic mitigation, efforts to control e
drainage, and the results of soil tests. Steve Zenovic, Engineer, approached the podium
to respond to the Council's questions relative to soils, drainage, retention, and slope
erosion and damage. Engineer Mahlum provided further detail relative to the proposal
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Preliminary Planned
Residential Development
Review - The Reserve at
Valley Creek (Cont' d)
CITY COUNCIL MEETING
January 17,2006
5788
to put in a roundabout at LincoInlLauridsen, and he answered questions as to whether
a roundabout could accommodate larger trucks. He discussed the developer's
willingness to participate in the costs for a traffic signal.
Planner Johns then discussed the density of the proposal in terms of what is allowed
versus what is proposed. Also discussed was the buffer that is required in a PRD. '
Developer Tom Armstrong addressed the Council, acknowledging the difference
between standard residential lots and those in a planned residential development. He
shared his understanding that Port Angeles is lacking in new, affordable housing. Mr.
Armstrong reminded the Council that traffic studies used 2002 data with a growth
factor incorporated, but the numbers were not significantly higher. He understood the
City has several plans for infrastructure improvements and, in considering the proposed
development, he was certain it would be a long time before any significant impact in
traffic is realized. Mr. Armstrong projected time lines for the project and noted there
wouldn't be any traffic impacts until 2007 . He discussed his fmancial participation in
mitigation efforts, matching funds from other agencies, as well as density issues. Mr.
Armstrong felt that, if the community is trying to attract growth, then it needs to
provide for alternative housing beyond what is currently available. He noted that
townhouses have been well received in other communities where they were built. He
also summarized his history of working with the site, meetings held with area residents
and the Planning Commission, all of which resulted in changes to the plans.
Mayor Rogers asked if there were any further comments from proponents of the
proposal, and there were none. She then asked if any opponents of the project wished
to address the Council.
Fred Rix, a resident in the area of the project, expressed the opinion that there is too
much density proposed. The environmental impacts are significant, and the Corps of
Engineers and the Department of Fish & Wildlife would like to have input to the
project because of the impacts. Mr. Rix felt that clustering is no better in the City than
it is in the County, and he felt that development along the streams is a matter that must
be addressed.
Christopher Melly, 3603 Galaxy Place, informed the Council that the area suffers from
air inversions November through February. He asked that a condition be placed on the
project, banning wood burning stoves. Mr. Melly discussed at length the health
impacts of wood smoke and wood smoke ingestion. He noted that the particulate
matters settle in the wetlands and the streams and will adversely impact those areas.
Tim Rymer, 332 E. 5th Street, representing the Department of Fish & Wildlife,
expressed concern with the development and noted the Department had received no
notice of the project. He indicated Fish & Wildlife could not provide comments in the
SEP A comment period, that it had not had the opportunity to review the project, and
that its request for project documents had not been honored in a timely fashion. Mr.
Rymer indicated that Fish & Wildlife would require a permit for work or mitigation in
the wetlands.
Jack Harmon, 404 E. Ahlvers, advised the Council that he has property in the area of
the proposed project, but he didn't receive any public notice. He took exception to
various statements made earlier about drainage and matching funds, and he expressed
the opinion that the property should stay as it is.
Mike Haggerty, 2905 South Laurel, had serious questions aboutthe project, feeling that
real estate is supposed to do the highest and best use test for the land. He felt the
projectmay be legal, but he questioned if it would be right. He urged the Council to
make the right decision. ,
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5789
CITY COUNCIL MEETING
January 17, 2006
Preliminary Planned
Residential Development
Review - The Reserve at
Valley Creek (Cont'd)
Break
Allen Whetstine, 337 East Ahlvers, inquired as to where people would walk. He also
asked about easements, and he expressed the opinion that water would erode into
Valley Creek. He also indicated that caution must be exercised regarding traffic
impacts.
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Dick Goin, 502 Viewcrest, expressed concern with traffic impacts on Sundays and after
school, as well as with drainage into Valley Creek and the impact on juvenile fish. He
felt the only chance to salvage the fish would be to make certain there was no further
drainage into Valley Creek. He expressed the opinion that something needs to be done
about the roads, and that people should make it pleasant to live without degrading the
environment and living space. Mr. Goin responded to questions posed by the Council.
Carole Boardman, 2000 Block of Laurel Street, felt she had been given inaccurate
information by the City, and she urged the Council to give the project a serious review
with all answers gained before decisions are made.
Joel Hofrichter, a resident just north of the wetland, pointed to the map on display,
expressing concern about access for the Rix family.
Richard Headrick, 915 Glenbrook Circle, felt the math on density was incorrect. He
indicated it would be inappropriate to utilize the critical areas as the basis for
increasing the number of units, and he suggested that the Council adhere to 106 units
without bringing in the critical areas. Mr. Headrick responded to questions posed by
the Council.
Staff provided closing comments on City documentation of timely notifications sent to
all agencies, the fact that staff is never a proponent or opponent of a project, and other
project issues, such as air quality and the use ofIndependent Bible Church property for
open space and recreation requirements.
Mr. Armstrong discussed the buffer demarcation, indicating there will be trails down
into the enhanced habitat area, but the general area around Valley Creek will not be
intended for extensive activity. He further reviewed the arrangement with the Church
for recreational activities, the results of preliminary soil tests and soil conditions, his
preferences for alternatives to wood burning stoves, and the matching funds that would
be contributed for mitigation. Mr. Armstrong indicated there would be access along
the property line for the property owners, plus there is agreement for access to those
lots.
Mayor Rogers recessed the meeting for a break at 9:28 p.m. The meeting reconvened
at 9;40 p.rn.
The Council proceeded to deliberation on such issues as traffic impacts, the need for
widening of Ahlvers and Laurel, a stop light imperative for Laurel/Highway 101, the
roundabout possibility, soil tests, and stormwater drainage. Each Councilmember
expressed views on the project, as well as the need for additional or revised conditions,
such as connecting the City's capital projects as part of or in addition to this project,
strengthening the stormwater condition to address slope stability, moving the 6-plexes
over to the roadway so it is clear the open space is on the east side. Further, it was
suggested that covenants and restrictions guarantee wetland maintenance, and that
clarification be provided concerning the Ahlvers right-of-way and the 30 feet being
dedicated as part of the buffer. Issues concerning access to the west were addressed,
as well as the need for a landscape plan to incorporate street trees. Also, it was noted
that the roadways should be extended for proper circulation. Also identified as an issue
was the requirement not being met for 30% open space with one-half dedicated as A
recreational. The suggestion was made to engage a third party to fully analyze the soil _
conditions because of the potential impacts on drainage and Valley Creek.
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Preliminary PlaI1J?ed
Residential Development
Review - The Reserve at
Valley Creek (Cont'd)
Continue Meeting Beyond
10:00 p.m.
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Western Urban Growth
Area (WUGA) Connection
Fees Ordinance
Ordinance No. 3233
CONSENT AGENDA:
INFORMATION:
EXECUTIVE SESSION:
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ADJOURNMENT:
"'~:i' -) ,';." '., "
CITY COUNCIL MEETING
January 17, 2006
5790
Following further lengthy deliberation, Councilmember Erickson moved to concur
with the recommendation of the Planning Commission to give preliminary
approval to the Reserve at Valley Creek Planned Residential Development and
subdivision, with the condition that it comply with the requirement of 15% of
total acreage for recreational space; that the developer be required to prohibit
wood heat for any residence built; that the traffic issues as discussed be
incorporated in the approval, to include concurrency with the capital facilities
projects with regard to Ahlvers Street, with a traffic light, plus the other issues
related to Laurel and Highway 101; that language be incorporated in the findings
and conclusions that address the issue of guaranteeing the City has a way to
enforce the issues ofthe wetlands and the enhanced mitigation area; that language
be put in the conditions for the six lots to be placed to the west; that guarantees
be incorporated in the CCRs; that the developer have a landscape plan with street
trees; that the internal roadways be extended to the property. line; that the
stability of the slope and value of Valley Creek be part of the drainage plan, and
that clarification be provided as to whether the 30' for the north access is
appropriate to the adjacent lots. Councilmember Williams seconded the motion.
Discussion followed, and a vote was taken on the motion, which carried, by a
majority vote, with Councilmembers Wharton and Munro voting in opposition.
Councilmember Pittis moved to continue the meeting beyond 10:00 p.m. The
motion was seconded by Councilmember Braun and carried unanimously.
Western Urban Growth Area (WUGA) Connection Fees Ordinance:
The ftrst reading of the Ordinance on the Western Urban Growth Area (WUGA)
Connection Fees was conducted at the January 3,2006, City Council meeting. Based
on that discussion, a revised Ordinance was written to clarify that Dry Creek Water
Association customers would not pay additional net fees to the City when transferring
to the City's water system. Mayor Rogers read the revised Ordinance by title, entitled
ORDINANCE NO. 3233
AN ORDINANCE of the City ofport Angeles, Washington, establishing
the charges for connection to Water and Wastewater Mains constructed
in the Western Urban Growth Area (WUGA) of U.S. 101 between
Doyle Avenue and Eclipse Industrial Parkway, and establishing
Chapter 13.75 of the Port Angeles Municipal Code.
Councilmember Pittis moved to adopt the Ordinance as read by title.
Councilmember Braun seconded the motion, which carried unanimously.
Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City
Council minutes - regular meeting of January 3,2006; 2.) Expenditure List - January
6,2006, $1,659,869.14; 3.) Valley Substation Electric Rebuild, Project 04-15; 4.)
Appointments / Reappointments to City Boards and Commissions; 5.) Emergency
Declaration for Storm Damage Resolution; and 6.) Electric franchise term extension.
Councilmember Erickson seconded the motion, which carried unanimously.
None.
Due to the lateness of the hour, the Executive Session was deferred to the next City
Council meeting.
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Exhibit" A"
5791
CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE BELL AIRE
ESTATES PRELIMINARY SUBDIVISION:
Conditions:
1. An engineered stormwater plan shall be submitted for approval to the City
Public Works and Utilities Department. Stormwater shall be handled
within the site in an approved manner and shall be connected to stormwater
improvements in the Milwaukee Drive stormwater system. Stormwater
improvements shall be. installed per the City's Urban Services Standards
and Guidelines prior to final plat approval.
2. The interior street shall be named and shall culminate in a cul-de-sac as
shown on the preliminary drawing. The street shall be constructed as
approved by the City to, at minimum, improved low impact development
standards. If interior streets are built to suburban low impact development
standards, and are less than 36 feet in total width, signage shall be placed
on the interior street at the developer's expense indicating that on-street
parking is prohibited along both sides of the streets. If interior streets are
constructed to low impact development standards, the streets shall be
posted for "No Parking" by the applicant as directed by the City's
Engineering Division. Tenth Street shall be constructed to, at a minimum,
the City's low impact development standards with a 4' walking path.
3. Milwaukee Drive shall be constructed to arterial street standards that
includes an 8' bicycle path. The finished road improvement standard for
this portion of Milwaukee Drive is 40' in width curb to curb (pavement,
curb, and gutter). A 6' wide sidewalk adjacent to the curb and appropriate
storm drainage facilities are also required.
4. Fire hydrants shall be placed and spaced as required by the City's Fire
Department to a maximum 1000' of separation distance and wording shall
be placed on the final plat with a recording with the County Auditor
indicating that all residences shall be fitted with residential sprinkler
systems prior to occupancy.
5. Utility service to the subdivision shall be underground. A 10' utility
easement shall be provided along 10th Street, Milwaukee Drive and around
the cul-de-sac.
6. Water service shall be extended to the lots as required by the Public Works
and Utilities Department prior to final plat approval.
7. Sanitary sewer shall be extended to the new lots as required by the Public
Works and Utilities Department from West 10th Street and Milwaukee
Drive.
5792
8. Building setback areas shall be identified on the final plat and address
numbers placed on the lots as provided by Public Works and Utilities.
9. The final plat shall indicate that the William R. Fairchild International
Airport is located in the vicinity and that ongoing airport operations exist.
10. Lots 1-6 within the subdivision shall be subject to The Estates at
Milwaukee Developer's Reimbursement Agreement for previous utility and
roadway improvements in the area.
Findings:
1. Preliminary approval is for the 16-unit subdivision submitted by Jay
Spivack on October 18, 2005, identified as being Suburban Lot 45 and
located at West 10th Street and Milwaukee Drive. The site is
approximately 4.29 acres in size and is triangular 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 and Section 16.08.050(B)(I)
PAMC provides that the Planning Commission shall examine the proposed
plat, along with written recommendations of the City Departments, and
shall either approve or disapprove the submittal. A recommendation
thereon shall be forwarded to the City Council within a period of 90 days
after a preliminary plat has been submitted to the City Planning
Department. The City Council shall either approve or disapprove the
proposed preliminary plat at a public meeting.
4. The Revised Code of Washington RCW 58.17 contains the State's
guidelines for the uniform division of land within the State. Section
58.17.11 0 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.
5793
5. The Port Angeles Public Works and Utilities Department, Parks and
Recreation, and Fire Departments reviewed the proposed subdivision. Their
comments and specific conditions have been incorporated in the
Department's recommendation. Water, power, garbage pickup,
telecommunications, sewer, stormwater, and emergency services are
available within the area and will be provided through conditions to the
preliminary plat.
6. The subject property is identified as Low Density Residential (LDR) on the
Port Angeles Comprehensive Plan land use map and is located in the City's
Northwest Planning Region.
7. The Comprehensive Plan requires concurrency at the time of development
for streets, water service, sanitary sewer service, and electrical service
(Capital Facilities Element Policy A9) and should require concurrency at
the time of development for solid waste collection, stormwater
management, telecommunications service, and emergency service (Capital
Facilities Element Policy AlO). The proposal has been reviewed with
respect to the Comprehensive Plan and the following Comprehensive Plan
policies are relevant to the proposal: Growth Management Element Goal A;
Land Use Element Goal A, Policy A.2, Goal B, Policy B.l, B.2, B.3, and
BA, Goal C; Transportation Element Goal A, Policy A3, A6, B.lO, B.ll';
B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital
Facilities Element Goal A, B, Policy B.1, B.3, BA, B.5, B.6, B.7, C.2, C.3,
CA, and C .5.
8. 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. Uses that are compatible with
and functionally related to a single family residential environment may be
located in this zone. Because of land use impacts associated with
nonresidential uses, few nonresidential uses are allowed in this zone and
then only conditionally. This zone provides for a variety in the urban land
use pattern for the City's single family residential neighborhoods,
following a curvilinear street system of nonthrough public and private
streets with irregularly shaped lots, minimum 75-foot front lot lines, and
60-foot rights-of-way for collector arterial streets in large rectangular
blocks and usually located in outlying areas with large tracts of vacant
buildable land
9. The site is currently served by West 10th Street and Milwaukee Drive.
Access streets will be improved to low impact development standards.
Milwaukee Drive and West 10th Streets are collector arterials and
designated school walking routes. Milwaukee Drive is also a designated
bicycle route. The City's Urban Services and Guidelines Standards
(Section 3G.l 00 Street Trees and Landscaping) states that street trees shall
be planted on arterial streets in the City and in other specified areas. Right.
of-way dedication along West 10th Street and Milwaukee Drive is required.
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Lots 1-6 within the subdivision shall be subject to The Estates at
Milwaukee Development Reimbursement Agreement for previous utility
improvements in the area.
10. The City's low impact development standards for suburban areas were
adopted in 2003 with the restriction that subdivisions developed under the
reduced standards would not allow for on-street parking. Site development
and design for residential lots developed under the lower impact standards
need to accommodate resident parking and visitor parking on-site.
11. The proposal was reviewed with regard to the City's Subdivision
Ordinance (Section 16.08 P AMC) which provides specific design standards
which are expected of subdivisions within the City limits while the City's
Urban Services Standards and Guidelines indicates that street trees should
be planted along arterial streets and provides guidance for such placement
and tree species. The design standards identified in Section 16.08.060 F
P AMC state that street trees are a protection against excessive heat and
glare and enhance the attractiveness and value of abutting property. The
City will assist the subdivider in location of trees and species to use under
varying conditions. It is recommended that trees be planted inside the
property lines where they are less subject to injury, decrease the chance of
motor accidents and enjoy more favorable conditions for growth. If trees
are to be planted within a planting strip in the right-of-way, their proposed
locations and species to be used are to be submitted for review and
approval by the City.
12. There are no environmentally sensitive areas on the site. The site has a
minimal slope to the south. 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 flooa areas.
13. The owner of a construction site which disturbs a total of five acres or more
of land area that has a discharge of stormwater to a surface water or storm
sewer system must apply to the State Department of Ecology for a General
Permit for Stormwater Discharge Associated with Construction Activities.
The proposed site is 4.29 acres in area.
14. 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.
15. The Port Angeles School District has been notified of the development to
allow them to plan for needed public school facilities and routes. The Port
Angeles School District provides school bus pick-up for students at
Hamilton Elementary School and Stevens Middle School at 12th and "N"
Streets.
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16. The City's Parks Department has noted that they are aware of the
preliminary proposal and do not believe the level of service for the area
will.be hampered as a result of the development. The City's LOS for parks
and recreational services is 1/3 acre for 1,000 population. An undeveloped
wooded property donated to the City for a park use is located less than 1/4
mile east of the subject site along "N" Street. The nearest public
playground area is located approximately three-quarters of a mile northeast
(Crown Park) or one mile southeast (~incoln Park).
17. The site will be served by the City's Police, Fire, and Public Works
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.
18. The City's. State Environmental Policy Act (SEPA) Official issued a
Determination of Nonsignificance for the preliminary subdivision on
December 6, 2005, therefore satisfying the City's responsibility under the
Act.
19. 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.
20. The Planning Commission's decision is a recommendation to the City
Council. The Commission acts as the City's hearing body for preliminary
subdivision approval. Reports are advisory only to ensure conformance of
the proposed subdivision to the general purposes of the City's
Comprehensive Plan and to planning standards and specifications adopted
by the City.
21. Property owners within 300 feet of the proposed subdivision were mailed
notice of the proposal on October 25, 2005. The property was posted on
October 27, 2005, and publication appeared in the Peninsula Daily News
on October 27,2005. No written comments have been received.
Conclusions:
1. As conditioned, the proposed subdivision is consistent with the Port
Angeles Comprehensive Plan, Zoning Code, and Subdivision Ordinance
Chapter 16.08 PAMC as well as with Chapter 58.17 RCW, the Washington
State Subdivision Act
2. 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
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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.
3. As conditioned, if improved lo\y impact development suburban street
standards are used, signage educating residents and visitors as to the
prohibition of on-street parking will ensure that interior streets remain
passable for public safety situations where on-street parking could prevent
ease of passage for emergency vehicles and sight distance safety issues.
4. 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.
Adopted by the Port Angeles City C6uncil at its meeting of January 17,2005.
~~ 1(<s
Karen Rogers, Mayor
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