HomeMy WebLinkAboutMinutes 02/07/2006
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Martin Luther King, Jr.,
Essay Contest
PLEDGE OF
ALLEGIANCE:
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
(Cont'd)
Chamber of Commerce
Quarterly Report
5799
CITY COUNCIL MEETING
Port Angeles, Washington
February 7, 2006
Mayor Rogers called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Mayor Rogers, Deputy Mayor Williams, Councilmembers
Braun, Erickson, Munro, and Wharton.
Members Absent:
None - one seat vacant.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
D. McKeen, T. Riepe, Y. Ziomkowski, T. Pierce, B.
Sterling, D Bellamente, B. Horton, C. Hagar, K. Ziegler, S.
Johns, B. Coons, S. Roberds, and N. West.
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Public Present:
E. Tuttle, A. Scott, W. Winz, P. Lamoureux, F. Andrews,
T. Ahlgren, C. Kidd, J. Powell, J. Harmon, C. Berg, 1.
Loushin, L. Sproat, L. & V. DelGuzzi, and M. Haggerty.
All others present in the audience failed to sign the roster.
1. Martin Luther King, Jr., Essay Contest:
After the introduction of members ofth~ Community Multi-Cultural AllIance, Mayor
Rogers and Port Angeles School District Superintendent, Dr. Gary Cohn, were assisted
by Coast Guard Commander Winz in presenting certificates of recognition to the
student\vinners of the Martin Luther King, Jr., Essay Contest: Ellie Ruble, Halaina
Kahaloa;Hannah Scott, Sophie Bowman, Alonna Realph- Wu, Anders Chapman,
Andrew Stallings, Case Kopp, Caitlan Balser, McKenna Thompson, Amber Due,
AliciaZajaczkowski, KaitlinBoston, Mia Wilson, Lane Lustig, Dmitri Chomica, Joey
Barnes, Kelsie Balfour, Kiah Jones, Megan Perrizo, Aspen Smith, Samantha Thornton,
TraCie DuPuis, Dan Kinoshita, and Jared Melvin.
The Pledge of Allegiance to the Flag was led by Mayor Rogers and the winners of the
Essay Contest.
2. Chamber of Commerce Quarterly Report - Russ Veenema, Executive
Director:
Russ Veenema, Executive Director ofthe Chamber of Commerce, reviewed statistical
information relative to 2005 lodging taxes, occupancies, sales tax, web visits, and door
count, noting that room tax collections since 2000 have shown a consistent increase.
He referenced the vacation guide for 2006, and he pointed out that the Chamber wants
to focus on visitations to the Olympic National Park. It also plans to work with the
ferry operators on international travel. Mr. Veenema reported that the Chamber Board
wants to be involved with the Lodging Tax Advisory Committee in establishing a
policy and procedure on tourism capital projects. He also reported that the Chamber
is planning to proceed with a feasibility study for a covered arena in cooperation with
the City, plus it has decided to select an annual project that is tourism related. The
project for this year is to improve the stage at the City Pier. Discussion followed.
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5800
CITY COUNCIL MEETING
February 7, 2006
Recognition of
Councilmember Pittis
WORK SESSION:
Initiative and Referendum
Procedure
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
ReidellII Subdivision
Phase 2 - Rook Road
Ordinance No. 3234
3.
Recognition of Council member Pittis:
Mayor Rogers paid tribute to the City's friend and Councilmember, Jack Pittis, who a
passed away unexpectedly this past Friday. Memorial services have been scheduled .
for Friday, February 17, 2006, at 1 :00 p.rn. in the Vern Burton Center. A moment of
silence followed in honor of Councilmember Pittis.
Initiative and Referendum Procedure:
Attorney Bloor provided the Council with a detailed summary of the procedure to be
followed for the power of initiative and referendum. He emphasized that the Council
does not exercise any discretion in the procedure.
Manager Madsen added a grant application to the Puget Sound Action Team as
Consent Agenda Item K.5.
Ed Tuttle, 3909 Old Time Place, a County resident, spoke as a member of Concerned
Citizens of Port Angeles regarding the initiative and referendum process. He read a
statement in support of the implementation ofthe process, and he reviewed the number
of signatures submitted on the petitions.
Peter Ripley, 114 E. 6th Street, #102, a City resident, extended his deepest condolences
for the loss of Councilmember Pittis.
Jack Harmon, 404 E. Ahlvers, a City resident, expressed the opinion that the Council
meeting agendas should allow public comment more than once during the meeting. He
then addressed The Reserve at Valley Creek, questioning a possible exclusive
agreement with a realtor. Mr. Harmon felt the Mayor and Deputy Mayor should have
excused themselves from the consideration, and he also felt that staff had not been
objective in presenting the facts of the development. Discussion ensued.
Paul Lamoureux, 602 Whidby, a City resident, "tipped his hat" to Councilmember
Pittis. He then spoke as a member of Concerned Citizens of Port Angeles, reading a
statement regarding the collectioIl of over 4,000 signatures on petitions and asking for
tlleCouncil's support of the initiative and referendum process. Discussion followed.
Mayor Rogers recessed the meeting for a break at 7:05 p.rn. The meeting reconvened
at 7:26 p.rn.
4.
Reidel! II Subdivision Phase 2 - Rook Road:
Manager Madsen provided a brief summary of the Reidell II Subdivision Phase 2 at
Rook Road. Because oflegal requirements, the Council was asked to waive the second
reading of the Ordinance. Associate Planner Johns advised the Council that all
requirements have been met by the developer, and bonding improvements for Phase I
will be rolled into Phase II.
Mayor Rogers opened the public hearing at 7 :28 p.rn. There being no public testimony,
the public hearing ~as closed at 7 :28 p.m. Councilmember Williams moved to waive
the second reading of the Ordinance. Councilmember Munro seconded the
motion, which carried unanimously. Mayor Rogers read the Ordinance by title,
entitled
ORDINANCE NO. 3234
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AN ORDINANCE of the City of Port Angeles, Washington, approving
the fmal of Phase 2 of the Reidell II Subdivision.
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Reidell II Subdivision
Phase 2 - Rook Road
Ordinance No. 3234
(Cont'd)
PUBLIC HEARINGS -
OTHER:
OTHER
CONSIDERATIONS:
Conditions, Findings, and
Conclusions in Support of
The Reserve at Valley
Creek Planned Residential
Development
Approval of Labor Contract
between City and IAFF
#656
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CITY COUNCIL MEETING
February 7, 2006
5801
Councilmember Williams moved to adopt the Ordinance as read by title, to
include <::qndition 1, Findings 1 - 23, and Conclusions A-F. The motion was
seconded by Councilmember Braun and, following brief discussion, a vote was
taken on the motion, which carried unanimously.
None.
2.
Conditions, Findings, and Conclusions in Support of The Reserve at Valley
Creek Planned Residential Development (ContinuedfromJanuary 17, 2006):
Associate Planner Johns displayed maps for the Council, explaining that the agenda
packet included revised conditions, [mdings, and conclusions from the last meeting,
as well as a summary of changes made. He reviewed in detail the changes that were
made, to include increased recreation and open space in order to meet requirements,
the moving of some lots to the west and the east, a new park area in the western tier of
the building sites, additions to wetland mitigation and habitat enhancement areas, added
park areas, roads north and south that extend to property lines, and language
strengthening the covenants and restrictions on wood smoke and wetland maintenance.
Also, the 30' strip <?f land on the north side was changed to be an easement. Planner
Johns noted that concern was expressed that there was no inclusion of a third party soil
analysis, so a revision to Condition No.4 was drafted and distributed to the Council.
Discussion followed as to the Council's intent during its deliberations, and
consideration was given to enhanced traffic mitigation on AWvers Street, and it was
noted the developer could be obligated by separate, written agreement.
Lengthy discussion ensued on the 30' strip along the north side in order to guarantee
access to the properties to the north and to monitor maintenance of the wetland. Also
discussed was the need to reinforce stormwater drainage due to the potential impacts
on the banks and slopes, the fact that internal streets will be dedicated to the City, and
the time lines associated with funds set aside for traffic mitigation.
Councilmember Erickson moved to adopt and authorize the Mayor to sign
Findings 1 - 41, Conclusions 1 - 20, and Conditions 1 - 21 providing preliminary
approval for The Reserve at Valley Creek, as set forth in Exhibit "A", which is
attached to and becomes a part ofthese minutes, to include revised Condition No.
4 that the City will retain an independent soils analyst to review specific issues
delineated by the City regarding the soils analysis, added Finding No. 41 that the
developer and the City will enter into a separate agreement under which the
developer agrees to make payment to the City and perform other duties for traffic
mitigation, and added Condition No. 21 that the developer must fulfill all
obligations and duties under separate agreement with the City. The motion was
seconded by Councilmember Braun and carried by a majority vote, with
Councilmember Wharton voting in opposition.
2. Approval of Labor Contract between City and IAFF #656:
Human Resources Manager Coons provided a summary of the labor contract with the
International Association of Firefighters, Local #656. Following brief discussion,
Councilmember Braun moved to approve the labor contract between the City of
Port Angeles and the IAFF covering the period of January 1, 2006 through
December 31, 2008, and authorize the Mayor to sign the contract, inclusive of
retroactive wages to 3.7% as of January 1,2006. The motion was seconded by
Councilmember Munro and carried unanimously.
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5802
CITY COUNCIL MEETING
February 7, 2006
FINANCE:
Exeltech Agreement
Amendment No. 2 - 8th
Street Bridges
Shane Park Renovation
Project, Change Order
No.4
CITY COUNCIL
COMMITTEE
REPORTS:
RESOLUTIONS:
City Council Rules of
Procedure
Resolution No. 2-06
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
1.
Exeltech Agreement Amendment No.2 - 8th Street Bridges:
Public Works & Utilities Director Cutler advised the Council that the bid opening for
the 8th Street bridges project is scheduled for this coming Friday. He added that
material price increases and WSDOT review comments have required reevaluation of
the construction methods to keep the project within the grant funding limits. Additional
permitting work beyond the current scope of the project was needed to complete the
design for fmal approval and bid advertisement, and negotiations for the scope and fees
for the construction management phase of the project have been completed, so these
items were included in the proposed amendment. Director Cutler also reviewed the
RFP process for the existing bridges.
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Following brief discussion, Councilmember Munro moved to approve and
authorize the Mayor to sign Amendment No.2 to the Consultant Agreement with
Exeltech in the amount of 977,702.42 and further authorize allocation of added
matching funds. for design in the amount of$19,865.55 from general governmental
funds for capital projects, with funding for the construction management being
limited to a not to exceed figure of $50,000 until the construction project is
. awarded by Council. The motion was seconded by Councilmember Braun and
carried unanimously.
2. Shane Park Renovation Project, 05-04, Change Order No.4:
Director Cutler reviewed additional costs incurred on the Shane Park Renovation
Project due to poor drainage. Further problems were identified because of the
additional rain, so additional drain lines need to be installed. Director Cutler reviewed
a summary of the original allocation, the balance of funds, and the need for further
additional funds to use the Dry Creek field pending project completion. Following
discussion, Councilmember Munro moved to approve and authorize the City
Manager to sign Contract Change Order No.4 for Project 05-14 in the amount
of$40,937.40, including applicable sales taxes, to include an increase in allocation
from the 2006 capital funds in the amount of $25,000 for the project.
Councilmember Wharton seconded the motion, which carried unanimously.
Mayor Rogers asked that those Councilmembers serving as alternates to
Councilmember Pittis on various committees please plan to attend those meetings
pending further notice.
1.
City Council Rules of Procedure:
Attorney Bloor presented revised Council Rules of Procedure to clarify non-disclosure
of Executive Session discussions and provide more flexibility and efficiency in setting
the City Council meeting agenda. Mayor Rogers read the Resolution by title, entitled
RESOLUTION NO. 2-06
A RESOLUTION of the City Council of the City ofPort Angeles,
Washington, revising the Council's Rules of Procedure by
changing Section 3 relating to Executive Sessions, and Section 8,
relating to the order of business on the agenda.
Councilmember Munro moved to pass the Resolution as read by title. The motion
was seconded by Councilmember Braun and carried unanimously.
1.
Street Vacation Petition - STV 05-05 - Gardner - Portion of Second Street _
East of Vacated Alder Street: .
Planning Manager Roberds indicated this would be the second reading of the
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Street Vacation Petition -
Gardner - Portion of
Second East of Vacated
Alder Street
Ordinance No. 3235
CONSENT AGENDA:
INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
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CITY COUNCIL MEETING
February 7,2006
5803
Ordinance, which is recommended for adoption. Mayor Rogers read the Ordinance by
title, entitled
ORDINANCE NO. 3235
AN ORDINANCE of the City of Port Angeles, Washington, vacating
a portion of2od Street, ill Port Angeles, Clallam County, Washington.
Councilmember Braun moved to adopt the Ordinance as read by title, citing
Condition 1, Findings 1 -11, and Conclusions A - D, as set forth in Exhibit "B",
which is attached to and becomes a part of these minutes. The motion was
seconded by Councilmember Munro. Following brief discussion on street vacation
compensation, a vote was taken on the motion, which carried unanimously.
Manager Madsen reviewed the City's opportunity to apply for grant funds from the
Puget Sound Action Team for the review of the City's low impact development
standards, a matter that was added as Consent Agenda Item No.5.
Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City
Council minutes - regular meeting of January 17, 2006, and special meeting of January
23, 2006; 2.) Expenditure List -January 27, 2006 - $4,560,829.38; 3.)' Final
Acceptance - Fairmount Pump Station Improvements, Project 02-12; 4.) Appointment
of Mark Madsen to Board of Directors of Hurricane Ridge Public Development
Authority; and 5.) Grant Application to Puget Sound Action Team. Councilmember
Munro seconded the motion, which carried'unanimously.
City Manager's Report: Manager Madsen reminded the Council ofthe upcoming Port
Angeles Home Show on February 25 and 26, 2006; the City will have a booth at the
event.
Paul Lamoureux, 602 Whidby, provided further input with regard to Councilmember
Pittis.
Based on input from Attorney Bloor, Mayor Rogers announced the need for an
Executive Session for approximately 20 minutes under the authority of RCW
42.30 .140(4) collective bargaining; and 42.30.11 O( 1 )( i) potential litigation. No action
was anticipated. The Executive Session convened at 8:55 p.m.
The Executive Session concluded at 9:16 p.m., and the Council convened in regular
open session. No action was taken.
The meeting was adjourned at 9:16 p.m.
B~Y~~~ A.)~
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Exhibit "A"
5804
FINDINGS OF FACT, CONCLUSIONS, AND CONDITIONS IN SUPPORT OF THE
RESERVE AT V ALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT AND
SUBDIVISION:
Findings of Fact:
1. Following a pre-application meeting on March 31, 2005, a PRD application was
submitted on May 3, 2005. Following a request for additional information, a revised site
plan was submitted on June 5, 2005. The Reserve at Valley Creek application was
determined to be complete on June 6, 2005. Further revisions to the preliminary plat
drawing for The Reserve at Valley Creek shows a 139-lot subdivision proposal. All of
the lots access from the intersection of Laurel Street and Ahlvers Road.
2. The preliminary plat would subdivide the approximately 29.84 acres of land into 139
residential building lots, ranging from 2,000 to 11,900 square feet. While the proposed
subdivision does not conform to all preliminary plat requirements, smaller lot size,
housing.types other than single family residences, and private street access are
permissible through City approval of a site specific planned residential development per
PAMC Chapter 17.19.
3. The small lots though permissible in a planned residential development are subject to
overall density limitation. The overall density of The Reserve at Valley Creek PRD is
4.92 units per gross acre. Port Angeles Municipal Code (P AMC) Chapter 17.19 sets
forth the City's requirements for the approval of planned residential developments, and
P AMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions.
4. The subject property in The Reserve at Valley Creek PRD and Subdivision is identified
by the Port Angeles Zoning Map as RS-7 Residential Single Family, which allows a
density of up to 6.22 units per gross acre. The revised preliminary plat drawing dated
June 5, 2005, indicates that each lot in the proposed subdivision will be at least 2,000
square feet in size and that the size of most of the single family residential lots is 6,000 to
7,000 square feet, the duplex lots are between 3,050 square feet and 5,400 square feet and
the town house lots are between 2,000 and 3,500 square feet.
5. 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 to be served by the proposed 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 proposed subdivision shall not be approved
unless the city can make written findings that these provisions are made.
6. The purpose of a planned residential development (PRD) is set forth in Section 17.19.010
as follows:
This Overlay Zone is to provide alternative zoning regulations which permit and
encourage design flexibility, conservation and protection of natural amenities and
critical areas, and innovation in residential developments to those regulations
found in the underlying zone. It is intended that a Planned Residential
5805
The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 2
Development will result in a residential environment of higher quality than
traditional lot-by-lot development by use of a design process which includes
within the site design all the components of a residential neighborhood, such as
open space, circulation, building types, and natural features, in a manner
consistent with the public health, safety, and welfare.
7. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine
the proposed plat, along with written recommendations of the City Departments, and
shall recommend either approval or denial of the submittal. The 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.
8. The PRD and Subdivision preliminary plat applications were determined to be complete
on June 6, 2005. The City Council must act on the PRD and preliminary subdivision by
its September 6,2005, meeting to be within the 90-day time limit set by RCW 58.17.140.
The applicant may consent to a 21-day extension to the 90-day time limit.
9. The proposed 29.84-acre The Reserve at Valley Creek Planned Residential Development
(PRD) and Subdivision site is located at the southwest corner of Ahlvers Road and Laurel
Street. The development provides for subdivision of the subject site into 139 lots
designed for small-lot single-family residences, zero lot line duplexes and zero lot line
fourplex town houses.
10. The site is topographically diverse, with the southwest portion of the site containing the
Valley Creek Ravine, the northern portion sloping gently from south to north, and a small
depressional wetland existing adjacent to the northern boundary of the property.
11. P AMC 17.19 .050.B requires that common usable open space that is designated for
recreational purposes comprise a minimum of 15% of the total site and shall meet the
standards as being generally level, of a regular shape and contain a minimum of 1,000
square feet. The common usable recreational area may be comprised of areas located
separately from each other as long as they each contain a minimum of 1,000 square feet.
Specific use areas, such as trails in the more accessible areas of the wetland buffers, may
be included as common usable recreation area but must not reduce the environmental
functions and values of the buffer.
12. A wetland delineation and preliminary wetland mitigation plan have been received by the
City of Port Angeles. The mitigation plan indicates that the wetland will be increased in
size and the functions and values for stormwater and habitat will be enhanced.
13. The preliminary plat application includes a drawing dated received June 5, 2005,
prepared for the applicant, Development and Construction Group by Zenovic and
Associates, Inc., provided in Attachment B, and used as the basis of the preliminary plat
review. The final plat will be titled The Reserve at Valley Creek Planned Residential
Development and Subdivision.
14. Ahlvers Road and Laurel Street serve the site. Both streets are designated as collector
arterials; however, neither street is designated as a school-walking route in the vicinity of
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7,2006
Page 3
the proposed project. Neither street meets City arterial street standards south of
Viewcrest Street.
15. There currently are no designated school walking routes in the vicinity, however the
school district is in the process of reevaluating the school walking route map and it is
likely that both Laurel Street and Ahlvers Road may be added to the school walking route
map.
16. The City of Port Angeles Comprehensive Plan requires concurrency for streets, water
service, sanitary sewer service, and electrical service (Capital Facilities Element Policy
A.9). Improvements to Laurel Street and Ahlvers Road are listed in the City of Port
Angeles Capital Facilities Plan and are scheduled for improvement in 2007.
Improvements to the intersection at Laurel Street and Lauridsen Boulevard are also
identified in the 6-year Capital Facilities Plan.
17. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subject site or are available in the area.
18. The proposal has been reviewed with respect to the Comprehensive Plan, Zoning Code,
and Subdivision Ordinance. The Comprehensive Plan land use designation for the site is
Low Density Residential (LDR). The approximately 29.84 acre property of the PRD was
zoned as RS-7 Residential Single Family at the time the property was annexed to the City
(ANX 05-02 dated May 31, 2005). Other surrounding properties are zoned RS-9
Residential Single Family (located in the City), LD, OS, or RCC5 (located in the County)
and are developed with low-density residential uses or are undeveloped. The
Independent Bible Church is located directly east of the site.
19. The City's Fire, Public Works, Parks and Recreation, and Economic and Community
Development Departments reviewed the proposed planned residential development and
subdivision preliminary plat.
20. The proposed The Reserve at Valley Creek PRD and Subdivision is in the Fire
Department four-minute response area. According to P AMC 18.08.110 - Fire
Suppression Requirements, each multi-family residence within a new subdivision shall be
equipped with a residential sprinkler system that is installed and maintained in
accordance with Uniform Fire Code (UFC) and National Fire Protection Association
(NFP A) standards.
21. Public notice of the PRD and subdivision application was published in the Peninsula
Daily News on June 10, 2005, posted on the site on June 10, 2005 and mailed to property
owners within 300 feet of the proposed subdivision on June 7, 2005. The Department of
Community and Economic Development received twenty-five public comment letters,
which are provided in Attachment D.
22. The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are
found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A.2, Goal B, Policies B.1, B.2, & B.4, B.6 & 7, Goal C,
Policy C.1 - 3, Goal I, Objective 1.1; Transportation Element Goal A, Policies A.3 and
A.6; Utilities and Public Services Element Policy D.l; Housing Element Goal A;
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 4
Conservation Element Goal A, Policies A.1-A.3, Goal B, Policies B.I-BA, B.16,
Objectives B.3-BA; Capital Facilities Element, Policies A.10, B.6, C.3.
23. The City of Port Angeles Comprehensive Plan recommends concurrency for.solid waste
collection, stormwater management, telecommunications service, and emergency services
(police, fire and emergency medical response) (Capital Facilities Element Policy A.l 0).
24. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that
is compatible with the environment, the characteristics of the use and the users, and the
desired urban design ofthe City.
25. A planned residential development is one of the innovative techniques the City has to
achieve implementation of Open Space and Conservation policies and the desired urban
design of the City.
26. The proposal meets the minimum site size for a planned residential development.
27. The small lot and PRD housing model designs are priced to be affordable in costs for new
single-family homes, providing starter homes for new families and other first time home
buyers. This small lot housing design is still rather unique to the City and provides
another opportunity similar to Highland Estates, a senior housing development off Golf
Course Road and Lauridsen Boulevard.
28. PAMC 17.19.050.B requires all planned residential developments to provide 30% of the
gross site area to common usable open space, half of which is usable for recreational
purposes. A suggestion to allow the project to enter a written agreement with the
Independent Bible Church for cooperative use of the church's recreational facilities was
made by City staff. The developer submitted no documentation of such agreement.
29. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
30. Clallam Transit serves the site at the comer of Laurel Street and Ahlvers Road. The
applicant is proposing a paved sidewalk leading to a covered bus shelter located at the
comer of Laurel Street and Ahlvers Road.
31. The City's Police, Fire, and Public Works Departments currently serve the site.
32. Building permits are required for all structures on any approved building lots. Alllocal
Building and Fire Codes apply t~ any new construction on the subject property.
33. Clearing and grading permits are required for any initial site development on sites greater
than one acre in size. A Wetland Permit is required prior to the start of the wetland
mitigation work.
34. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1108) on July 6,2005, satisfying the City's SEPA responsibility.
The SEP A checklist was distributed to Washington State Departments of Ecology and
Fish and Wildlife on June 9, 2005.
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 5
35.
36.
37.
38.
City of Port Angeles Public Works and Utilities Department engineering staff determined
that the JTE traffic study dated May 31, 2005, lacked certain det':lil that will only be
available after the school year begins in the fall. A revised traffic study was submitted to
the City of Port Angeles on October 17, 2005. The revised traffic study was distributed
to the Washington State Department of Transportation (WSDOT) for review. Based on
comments received from WSDOT, a specific monetary contribution amount was
determined as reasonable mitigation for traffic impacts resulting from the proposed
proj ect.
PAMC l7.19.050(C) requires all PRDs to provide for continuous and perpetual
maintenance of common open space, common recreation facilities, private roads, utilities,
parking areas and other similar development within the boundaries of the PRD in form
and manner acceptable to the City.
PAMC 17.19.090(G) requires that an applicant for a PRD submit "Preliminary elevation
and perspective drawings of projects structures" which provide the City and the
neighbors with a degree of surety as to the design, look, and feel of a PRD where typical
lot sizes and setbacks are likely to be reduced.
Testimony from a retired Biologist was presented at the July 13, 2005, public hearing
stating that the Valley Creek ravine is a wildlife corridor used by resident native animals.
Some of the reported animals (bear, cougar, coyote) may pose a threat to life or property
for the residents of the PRDlsubdivision.
39. The planting of street trees provides various quality of life benefits to a community
including but not limited to a mitigation of stormwater impacts, improved air quality,
reduction of the heat island effect, and improved aesthetic quality.
40. Extending interior streets to the edge of the site will provide future access from adjacent
properties as they may develop.
41. The developer and the City of Port Angeles have entered into a separate agreement under
which the developer agreed to make a payment to the city and perform other duties for
traffic mitigation.
Conclusions:
1. The conditions of The Reserve at Valley Creek PRD and Subdivision are consistent with
the Zoning Code, required by the Subdivision Ordinance, and necessary to implement the
Comprehensive Plan.
2. As conditioned, all the necessary public improvements will be installed per the City
Urban Services Standards and Guidelines.
3. As conditioned, the configuration of the proposed subdivision lots and street layouts
conform to the desired urban design of the City for the residential developments in
outlying areas where there is no grid street pattern and low impact development standards
are allowed. The curvilinear streets with a 28 foot paved surface and no parking along
one side of the street reduce stormwater runoff and still provide adequate access for each
residential lot.
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 6
4.
5.
As conditioned, the utility services will be provided consistent with the Urban Services
Standards and Guidelines and the Capital Facilities Element of the Comprehensive Plan
level of service standards. Analysis of downstream sanitary sewer capacity has been
provided that indicates no capacity improvements are needed for the additional 139 units
of The Reserve at Valley Creek PRD.
As conditioned, the revised site plan for the. PRD provides adequate area for common
usable open space. The proposal as revised meets the requirement for common usable
open space, half of which is usable for recreation purposes, as stated in P AMC
17.19.050.B. One or more of the community park areas shown in the planned residential
development and subdivision preliminary plat will contain children's play equipment.
The small lots proposed for The Reserve at Valley Creek PRD and Subdivision are
desired for the following reasons: 1) the provision of attractive and affordable homes for
new families and other first time home buyers, 2) the lots satisfy the desired urban design
of the City, except for their small size, which fits the density requirements of the RS-7
zone and the PRD Overlay Zone and 3) provides housing types not typically found in the
City of Port Angeles housing market.
The design of the PRD is not the basic urban land use pattern for the City's lower density
single-family residential neighborhoods. The configuration and mix of dwelling unit
types is much more like a multi-family residential neighborhood due to the clustering of
homes outside of the critical areas. The PRD concept does provide for a more
concentrated residential development while meeting the gross density allowed in the
underlying zone and at the same time maintaining and protecting surrounding open
spaces consistent with the PRD Overlay Zone.
The Reserve at Valley Creek PRD and Subdivision provide an alternative residential
development design to the basic single family residential neighborhood in a manner that
is affordable as starter homes for new families and other first time home buyers.
Conditions are recommended that would satisfy the PRD standards that are not included
in the proposal plans.
As conditioned, The Reserve at Valley Creek PRD and Subdivision preliminary plat is
consistent with the Comprehensive Plan and Zoning Code.
As conditioned, The Reserve at Valley Creek PRD and Subdivision preliminary plat is in
conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and
the Washington State Subdivision Act, Chapter 58.17 RCW.
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 waste, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school.
As conditioned, the public interest is served in the preliminary approval of planned
residential development and platting of the subdivision as articulated in the City's
Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision
6.
7.
8.
9.
10.
11.
12.
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 7
provides for development of new homes within the City of Port Angeles consistent with
the Growth Management Act and beneficial to the City's tax base.
13. The City Engineer must approve the final drainage plan, and the City's stormwater
drainage standards will require that the proposed development not impact downstream
properties more than pre-development conditions. The drainage and erosion control
plans also are subject to the Department of Ecology NPDES permit and Department of
Fish and Wildlife Hydraulic Project Approval.
14. The City of Port Angeles must review and approve a wetland permit for the mitigation of
wetland impacts on the site. The Wetland Permit must be reviewed and approved by
Washington State Departments of Ecology and Fish and Wildlife.
15. The PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter
16.08 Subdivision Regulations allow for variations from standards in street
improvements, blocks, lots, and building line setbacks. Conditions are required where
certain proposed variation should not be approved due to the small lot design, which
allows for less on-site variation.
16. As conditioned, the City will be assured that common space areas located in the PRD will
be provided with adequate maintenance.
17. As conditioned, the City will be assured that the environmentally sensitive areas located
in the PRD will be provided with adequate protection and maintenance.
18. As conditioned, the inclusion of specific building design or the use of architectural or
design guidelines, the City will be able to control the look and feel of the structures in the
PRD by the strict application of the designs or guidelines at the time building permits are
issued.
19. The use of street trees is in the public interest by mitigating negative or adverse
environmental conditions and improving the aesthetic quality of the area.
20. The creation of a homeowner's association that is responsible for oversight of community
facilities and the creation of CC&Rs that delineate specific requirements and standards
within the PRD should provide the most efficient and localized control of conditions
within the PRD site.
Conditions:
1. The applicant shall submit a revised site map showing the following changes:
a. The internal streets that approach the north and south property lines of the site shall
be shown to extend to the property boundaries;
b. The 24 lots (lots 117 - 140) indicated to be used for the 4-plex townhouses shall be
shown on the corrected preliminary map in the specific location intended by the
applicant and the areas indicated as lots 116 & 141 shall be relocated and shown as
open space usable for recreational purposes; and
c. The 30-foot strip of land shown as a dedicated area to the City of Port Angeles for
right-of-way purposes shall be modified to become a 15-foot wide easement for
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 8
access only for the use by the adjacent property owners to the north, and for the City
of Port Angeles for access to the wetland and stormwater facilities.
2. The final plat shall show the building setback lines drawn on the face of the plat. All
building setbacks on extemallot lines shall meet RS-7 Zone requirements. All lot lines
(solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on
the final plat.
3. All necessary on-site easements for access, drainage, and utilities shall be shown on the
final plat.
4. A stormwater drainage plan shall be submitted for review and approval by the Public
Works and Utilities Department. Prior to approval of the stormwater drainage plan, the
City will retain an independent soils analyst to review specific issues delineated by the
city regarding the soils analysis. The independent review shall be at the applicant's
expense. The City Engineer shall review and approve the drainage plan for on-site and
off-site drainage facilities prior to issuing permit approval to begin on-site drainage
construction. The storm water drainage improvements shall be installed or bonded per the
City's Urban Services Standards and Guidelines and shall be consistent with the
Washington State Department of Fish and Wildlife hydraulics permit approval (HP A)
requirements and the Washington State Department of Ecology NPDES permit
requirements prior to final PRDlsubdivision approval.
5. A wetland permit must be issued prior to any earth disturbing activity being done within
the wetland area. Wetland permit approval shall include review and approval by all
applicable state and federal agencies.
6. The final plat shall provide for common usable recreational area and common usable
open space per PAMC Sections 17.19.011 and 17.19.050. The applicant shall provide
open space usable for recreational purposes that meet the requirement of P AMC
17.19.050.B totaling a minimum 15% of the total site or a minimum 4.47 acres.
7. Two off-street parking spaces shall be provided on-site for each lot, in addition to any
parking provided elsewhere on the site.
8. On-street parking shall be limited to one side of the interior streets only. The developer
is responsible for providing "NO PARKING" signs on the side of the street that parking
is not allowed.
9. Electrical, telecommunications, and street lighting shall be installed or bonded per the
Light Division standards. Electric utility service shall be underground.
1 O. Address numbers shall be identified and placed on the final plat as provided by the City.
11. Twenty (20) feet of clear width along all streets shall be required for fire department
access.
12. Residential fire sprinkler systems as required by the Fire Department shall be a condition
of any new residential building permit. Wording shall be placed on the final plat and
recorded with the County Auditor upon filing of the final subdivision indicating that all
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 9
multi-family (tri-plex and above) residences shall be fitted with residential sprinkler
systems prior to occupancy.
13. Potable water lines shall be provided as shown, with Fire Hydrant installation per the Fire
Department comments and located per City Urban Standards with any modifications
required by the City's Fire Department.
14. Sanitary sewer shall be provided as shown per City Urban Standards.
15. Proposed roadway construction of internal roadways shall be to a 28 foot paved width,
rolled curbs, and paved sidewalks on one side of the streets, and dedicated to the City.
16. The legal description of the subject property of the PRD shall be provided on the face of
the plat.
17. The applicant shall submit for review and approval by the city a proposed set of CC&Rs
that include at a minimum, but may not be limited to;
a. The formation of a homeowners association, or other organization that will provide
adequate oversight and authority for the protection, maintenance, and operation of
communal or joint ownership facilities of the PRD, including stormwater and
drainage facilities and the management of the wetland feature;
b. A prohibition of the use of wood burning heating stoves, wood burning fireplaces or
other devises that burn wood in the PRD;
c. A proposed set of architectural design elements and/or guidelines to be followed
during construction of all residential structures on the site; and
d. A method of dispute resolution for residents of the PRDlsubdivision.
18. The applicant shall include a statement to be recorded against the title of the property
indicating that a failure to manage and maintain the stormwater facilities, wetland
mitigation area, or Valley Creek Ravine critical area to the satisfaction of the City of Port
Angeles will result in notice from the City of Port Angeles of the failure to comply with
the appropriate maintenance and management of those areas, where as the City of Port
Angeles will be provided the right, but not necessarily the duty, to lien the property in
order to provide the proper maintenance.
19. A split rail fence shall be constructed along the entire upper rim of the Valley Creek
ravine and include the required 25-foot buffer area. Gates may be included to provide for
access to planned future recreational trails in the Valley Creek ravine.
20. The applicant shall provide a landscape plan that includes the use of street trees in the
public right-of-way area. The landscape plan shall be submitted to and approved by both
the City of Port Angeles Public Works and Utilities Department and the Community and
Economic Development Department. Trees used for street tree plantings shall be chosen
from a list provided to the developer by the Community and Economic Development
Department and planted at the recommended spacing.
21. Prior to final PRDlsubdivision approval the applicant shall fulfill all obligations and
duties under separate agreements with the City.
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The Reserve at Valley Creek Findings of Fact, Conclusions, and Conditions
February 7, 2006
Page 10
Adop d by the Port Angeles City Council at its meeting of February 7, 2006
Karen A. Rogers, Mayor
bopJea ..{)WA
Becky J. Up , Cl Clerk 7
T:\PRD\The reserve at Valley Creek\F&C.doc
10
Exhibit "B"
5814
FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET V ACATIONPETITION - STY
05-05 - GARDNER:
Condition:
1. Property owned by the petitioner and acquired through the subj ect vacation shall be
combined into one building site per Zoning Lot Covenant prior to the issuance of a quit claim
deed for the right-of-way.
Findings:
1. A petition requesting the vacation of that portion of the Second Street right-of-way located
east of vacated Alder Street and west of White's Creek abutting Lots 10 and 11, Block 120,
and Lots 8 and 9 inBlockB, T.W. Carter's Subdivision together with that portion of Second
Street abutting Alder Street previously vacated by the City of Port Angeles was submitted
on September 1,2005. Abutting properties are owned by the petitioners Mr. Ron Gardner
and Mrs. and Mrs. Harry Sundby.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
when the vacation of right-of-way is proposed. The subject petition is signed by 100% of
the abutting property owners. However, Mr. Sundby does not wish to purchase abutting
. right-of-way but has no issue with Mr. Gardner acquiring the entire property.
3. The subject area is zoned RS-7 Residential Single Family and is developed with single
family structures. The RS-7 zone allows the basic single family development uses including
accessory structures with lot coverage up to 30%. Property located one block north of the
area is developed as Front Street, which is also State Highway 101. The Front Street corridor
is zoned Commercial Arterial and is largely developed with commercial enterprises.
4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element
Goal A is relevant to the proposal.
5. The City of Port Angeles' Real Estate Committee met on November 14, 2005, and
established a value for the unopened right-of-way. The subject area is approximately 82' in
length x 70' in width for a total of 5740 square feet.
6. The applicants' properties adjacent to the right-of-way are largely encumbered in the east
portions ofthe sites by the crossing of White ' s Creek, which passes north to south across the
properties. The Gardner ownership is approximately 27,743 square feet in area while the
Sundby ownership consists of 62,300 square feet in area. The Sundby ownership consists
of two parcels, the east parcel being approximately 42,300 square feet and located mostly in
the White's Creek Ravine while the residential site consists of approximately 20,000 square
feet in area. The Gardner ownership would be increased by the area of the right-of-way
purchase being some additional 5740 square feet.
7. Section 17.20 of the Port Angeles Municipal Code provides standards for the development
of properties that contain environmentally sensitive areas (ESAs). White's Creek crosses the
site and is classified as a Class ill stream. Development of properties that contain
environmentally sensitive areas must observe development setbacks prescribed in Section
17.20PAMC.
8. The vacating of a street is categorically exempt from a State Environmental Policy Act
(SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
5815
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9. The site was posted for a land use action on December 2,2005, with required publication
notification in the Peninsula Dailv Nelvs on December 7, 2005.
10. At its December 6,2005, regular meeting, the Port Angeles City Council established a public
hearing date by resolution for action on the street vacation petition as January 17, 2006. The
Real Estate Committee ofthe City Council discussed compensation for the right-of-way and
decided upon a value of$7.00 per square foot in the event of vacation.
11. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation on December 28,2005, and forwarded a recommendation to the City Council for
consideration.
Conclusions:
A. As conditioned, the traffic pattern in the dead end location will not be negatively impacted.
As the unopened right-of-way serves no purpose to the current or long range transportation
needs of the City, and the vacation will place unused property on the City's tax roles, the
vacation serves the public interest.
B. Consolidation of the petitioners' property ownership will discourage the development of a
future independent building site in the area which will protect the environmentally sensitive
area (White's Creek) and be in accord with development standards of Section 17.20
(Environment) P AMC.
C. Site consolidation will enable limited additional development of the residential site in a
manner consistent with the RS- 7 zone which would therefore be consistent with Section
17.10 ( RS-7 Zone) of the Port Angeles Municipal Code.
D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically Land Use Map Goal, Policies and Objective Element Goal A.
d by the Port Angeles City Council at its meeting ofPebruary 7, 2006.
Au~~ ~^
Becky J. U n, ty Cler