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HomeMy WebLinkAboutMinutes 03/01/2005 5565 CITY COUNCIL MEETING Port Angeles, Washington March 1, 2005 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Rogers, and Williams. Members Absent: Councilmember Pitfis. StaffPresent: Manager Quinn, ARorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen, Y. Zinmkowski, T. Gallagher, and K. Dubuc. Public Present: K. Romberg, M. Sears, M. Meyer, B. Munger, E. White, I. Cunningham, T. Taipalc, S. Chapman, M. Glenn, P. Lamoureux, L. Crowley, K. Nyweide, E. Montgomery, R. Peterson, R. and A. Kennedy, T. Gudgel, J. Gloor, J. Wengler, S. Kennedy, G. Crabb, J. Tackcr, E. Wengler, J. Notar, T. Cook, M. Blackwell, F. & J. Ruegg, and B. LaRue. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Deputy Police Chief Gallagher. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Manager Quinn asked that a public hearing date be set to surplus property west of the PLACED ON THIS OR Tumwater Truck Route; it was added as Agenda Item E.6. FUTURE AGENDAS AND PUBLIC Barney Munger, 1504 McDonald S~xeet, addressed the planned signing of the COMMENT: fluoridation gift agreement by stating the action of the Council would ignore the huge, red flag warning of possible health risks and would deny the people their individual right to decide whether to ingest meff~cation. He felt that signing the agreement would put everyone at risk and would significantly lessen the integrity of the community's intuition, dignity, and humanity. He added that forced, mass medication is wrong by all they hold dear. James Bourget, address unknown, agreed with Mr. Munger by making a lengthy statement to the Council regarding fluoride. He felt the fluoridation of water to be appalling, unnecessary, wasteful, dangerous, irresponsible and reckless. He felt the decision had been made absent an open forum, and he did not want an elitist group making decisions that affect his health. Mr. Bourget conducted an Internet research on the dangers of fluoride, and he encouraged everyone to do the same. He provided a -1- 5566 CITY COUNCIL MEETING March 1, 2005 LATE ITEMS TO BE detailed synopsis of his research, and he urged the Council to do due diligence. He PLACED ON THIS OR invited citizens to join him in putting a stop to fluoride. FUTURE AGENDAS AND PUBLIC Mary Meyer, 1504 McDonald, asked whether escape clauses were made a part of the COMMENT: (Cont'd) agreement, as the term of the agreement is for ten years and other U.S. cities have learned that costs related to fluoride have exceeded what they were told to expect. She indicated that two national groups are studying the toxicology of fluoride in water, one being the National Research Council and the other, the National Toxicology Program. One report is expected this spring, and she suggested that other science may be revealed, and a future Council may wish to cease fluoridation. Ms. Meyer then spoke as a representative of the Clallam County Citizens for Safe Drinking Water, reading a statement that if fluoridation is truly proven to be safe and effective, then there should be no ridicule against those speaking in opposition. She felt that if fiuoride is as safe and ethical as proponents state, there would be no need to force it on the citizens. Ida Cunningham, a resident of 12u' Street, has been living in Port Angeles since May. Seeking eye contact from everyone present in the interest of respect, Ms. Cunningham wanted her water source to be free of toxins and poisons. As a younger person who would be bringing economic gain m the community, Ms. Cuuningham felt there must be a reason to stay, and water is the reason. She agreed with previous speakers and stated the opinion that citizens should be able to vote on fluoride. She urged the Council to give the matter further thought and to do their research. Mike Maxwell, a father and Family Physician, was surprised to hear he was part of an elitist group, as most everyone in the healthcare community in Port Angeles has been motivated by the desire to stem the illness and suffering seen in their offices on a daily basis. Referencing prior comments made on the definition of fiuoride, Dr. Maxwell urged research into fluorochlorine, as the definitions are similar, and the City chlorinates its water daily for health and safety. He was pleased that the leaders are truly leading, especially at a time when there are difficult decisions to be made. Dr. Maxwell indicated that some of the greatest public actions in our lifetime have occurred, not because the populace voted for it, but because those who understood the complexities of the issues and could discern between fact and fiction were able to make the right decision. He felt this Council had made the right decision. Steve Chapman, Pediatrician, has two young daughters, and he thanked the Council for its decision to fluoridate. With 60 years of experience, over 170 million Americans benefit from fluoride, and Dr. Chapman felt it is proven to be safe, it works, and it saves community tax dollars, and it saves family missed days of work. He indicated there is medical and scientific consensus about fluoride in many recent articles. He assured the Council that the medical and dental community will continue to promote other common sense measures to promote dental health. Dr. Chapman felt the Council correctly recognized that fluoride is not a medication as falsely labeled but, rather, it is a micro-nutrient. Once added to public water supplies, fluoride is indistinguishable from naturally occurring fluoridated water. Dr. Chapman indicated that fluoride strengthens teeth, reduces cavities, and reduces suffering, which is particularly relevant in Port Angeles. He thanked the Council for doing its part. Greg Birch, Dentist, thanked the Council for doing a considerable amount of research. He observed the discussions on fluoride, and he noted the difficulty in pulling baby teeth. He shared the difficulties of maintaining the teeth of senior citizens, noting that fluoride will help seniors and children in this epidemic in Port Angeles. He urged the Council to stay the course. Mike Glenn, Olympic Medical Center, noted the issue of fluoridation has been worked for over two years. He applauded and supported the Council's continued comnUtment to not only fluoridating the water supply, but to a fair and open process. He felt the process has respected what is valued and honored in a democratic society. Mr. Glenn CITY COUNCIL MEETING 5567 March 1, 2005 LATE ITEMS TO BE felt the community has an opportunity to launch this incredible initiative with the PLACED ON THIS OR Washington State Dental Society as a fmancial resource; it is time to move. He felt it FUTURE AGENDAS important to recognize the efforts of the Council to make a very difficult decision as AND PUBLIC fair and open as they have. COMMENT: (Cont'd) Paul Lamoureux, 602 Whidby, felt this meeting was indicative that more people will become interested in City affairs for various reasons. He also felt that residents will want more value for the increased cost of services, referencing rate studies being proposed by staff. Mr. Lamunreux reiterated past comments that a tiered approach to rates should be considered. Further, he noted the expected increase in water consumption based on development and, responding to an inquiry in that regard, Community Development Manager Collins estimated there had been 40 new homes built in that past two years. Mr. Lamoureux referenced specific agenda items, referencing an appraisal fee, the ttee ta~nming contract, the Port Angeles Forward Committee and his desire to see more citizens on the Utility Advisory Committee, the Peabody waterline which he leamed was under budget, and a proposed vehicle purchase wherein he supported the purchase of used cars. Mr. Lamoureux chose to defer comments on LIDs to another meeting, and he offered input relative to the fluoride issue, citing the warnings on toothpaste in that, if swallowed, the poison center must be called because of the fluoride. Mr. Lamoureux cited contentious issues in which the City is currently involved. Gift Agreement - Gift Agreement - Washington Dental Service Foundation: Washington Dental Service Foundation Attorney Bloor advised the Council that the gift agreement is one of two parts to the fluoridafion plan presented to the Council approximately two years ago. The agreement is written such that the City would enter into an agreement with the Washington Dental Service Foundation for the purpose of receiving the gift of an operating, fimctional fluoridation system. If approved, the Foundation would then enter into an agreement with a contractor to build the system. Attorney Bloor indicated that, once complete, the system would then be offered to the City as a donation. Under the terms of the agreement, if all other conditions were met, the City would accept the fluoridation system and agree to operate it for ten years. Councilmember Williams asked what would happen if the costs of maintenance and operation were beyond the parameter of what the Council was led to believe. Attorney Bloor responded the City would be responsible for chemicals and operating costs, but he understood the Foundation intended to provide the City with the first batch of chemicals that should last a number of months. When asked about operating warranty, Attorney Bloor advised the Council there are the usual warranties that go with any construction project for a minimum of one year. Councilmember Williams then asked about the ranges of litigafion and customary costs, and Attorney Bloor indicated they are variable. Discussion ensued, after which Councilmember Munro moved to adopt and authorize the Mayor to sign the agreement with the Washington Dental Service Foundation. The motion was seconded by Councilmember Erickson and carried 5 - 1, with Councilmember Williams voting in opposition. FINANCE: I. Rate Studies for Water / Wastewater and Electric Utilities: Rate Studies for Water/ Public Works & Utilities Director Cutler presented the agreements with HDR Wastewater and Electric Engineering, Inc., formerly known as Economic and Engineering Services, Inc. (EES). Utilities It is recommended that HDR look at the City's water/wastewater utility rates, considering revenue requirements and capital projects over the next few years. In addition, the City would look to HDR to do a comprehensive electric rate study. This would be the first time in a number of years that a comprehensive study has been conducted, particularly in terms of allocation across the different classes. Director Cutler indicated the funds for these rate studies were included in the budget, and the Utility Advisory cornrmttee endorsed the Council's approval. Councilmember 5568 CITY COUNCIL MEETING March 1, 2005 FINANCE: Erickson moved to authorize the Mayor to sign agreements with HDR (Cont'd) Engineering, Inc., to provide a rate study for the Water/Wastewater utility for a cost not to exceed $19,635, and a comprehensive electric rate study for a cost not Rate Studies for Water / to exceed $30,000. Councilmember Braun seconded the motion. Wastewater and Electric Utilities (Cont'd) Councilmember Munro shared in the concern previously expressed by Mr. Lamoureux with regard to the payment of consultant fees. He inquired as to hourly rates paid, the credentials of the consultants, and whether an employee could be hired to conduct these types of studies. Director Cutler responded to questions posed by Councilmember Munro, and Councilmember Rogers felt there was an advantage to having the consultant do the rate analyses because of access to other municipal and industry rates. She felt a type of check and balance occurs. Finance Director Ziomkowski noted that two of the consultants are active at the State level by presenting issues before the State associahuns. She noted it has been extremely difficult to hire an Accounting Manager, so she was uncertain as to whether a knowledgeable employee could be hired to do the rate studies. However, Director Cutler felt that staff could review and draft alternate rate structures. A vote was then taken on the motion, which carried unanimously. Break Mayor Headrick recessed the meeting for a break at 7:00 p.m. The meeting rec onvened at 7:10 p.m. PUBLIC HEARINGS - LaRue Rezone Proposal, NE Corner of 'H'/8th Streets: Rezone of 35,000 sq. ft of QUASI JUDICIAL: Property from Residential Single Family to Residential High Density; LaRue Rezone Proposal Commumty Development Manager Collins reminded the Council that the public Ordinance No. 3188 hearing on the LaRue rezone proposal was continued fi.om the February 15, 2005, City Council meeting. Mayor Headrick reopened the public hearing at 7:11 p.m. Mr. Collins informed the Council that, based on the previous discussion, the Findings & Conclusions had been corrected. As disclosed at the previous meeting and in the interest of appearance of fairness, Councilmember Williams queried as to whether anyone had an objection to his participation in this discussion because he is a realtor, and the applicant is a realtor as well. There were no objections stated. At Mayor Headrick's request, Assistant Planner Roberds indicated that Mrs. Wengler had submitted a letter posing questions relative to the posting procedure for the 1998 Comprehensive Land Use Map change. She indicated that the City considers a review of the Land Use Map on a yearly basis; the proposal by Mr. LaRue was brought into that mix. Further, the annual review of the Comprehensive Land Use Map is conducted on a City-wide basis and is not site specific. There are two different kinds of notices, one being an area-wide notice which does not require the same type of notice as would a site-specific notice. Ms. Roberds indicated that a site-specific notice, such as a rezone, requ/res that staffdo a mailing to sm-rounding property owners within 300 feet. An area-wide notice requires the publication of a notice in the newspaper. In this case, the review was areawide; however, staff did mail notices to adjacent property owners, and the site was posted. Assistant Planner Roberds provided all of the pertinent information in the Council packet, and staff consulted with the City Attorney who agreed the noticing was correct. Ellen Wengler, along with her husband, Jim, approached the podium and informed the Council she was still confused where in the regulations there is anything stated about an area-wide rezone. Reading fi.om the Port Angeles Municipal Code, Chapter 18.04.080, Mrs. Wengler felt that notices of public hearings on Comprehensive Plan amendments are to be provided in the same manner as set forth in Chapter 17.96.140 PAMC for public hearings required pursuant to the Zoning Code. Mrs. Wengler's interpretation was that the regulations were silent on an area-wide rezone or an area- wide change to the map. Attorney Bloor responded by explaining subsections a. and b. in the chapter to which she referred, noting that subsection b. states that in the case -4- CITY COUNCIL MEETING 5569 March 1, 2005 PUBLIC HEARINGS - of an action referring to a specific site, in addition to the publicahons, the property QUASI JUDICIAL: must be posted and property owners within 300 feet of the property must receive (Cont'd) specific notice. Mrs. Wengler and Attorney Bloor exchanged interpretations, and Attorney Bloor further clarified that the Comprehensive Plan in Washington law is not LaRue Rezone Proposal site specific, it is for a general area. Further, he indicated that, in making a Ordinance No. 3188 Comprehensive Plan amendment, the City Council is required to look at the entire City (Cont'd) to determine what types of land use should be increased, decreased, or changed. The Council can make a decision that applies to a specific block or a specific area in changing the Comprehensive Plan, but that would be accomplished only by looking at the entire City. Attorney Bloor, at Mrs. Wengler's urging, further explained the Comprehensive Plan can be changed only once a year, and amendments are a legislative act requiring publication of the changes. Discussion followed, and Mrs. Wengler indicated that the residents in the neighborhood did not receive notice of the proposed rezone, and they did not receive notice of the proposed changes in the Comprehensive Land Use Plan map in 1998. Attorney Bloor repeated the notice requirements, and Mayor Headrick noted that, following the Wengler's logic, then a notice would have to be sent to everyone in the City for Comprehensive Land Use Map changes. Councilmember Rogers felt the confusion rested in the process for Comprehensive Plan changes, which is a very public and open process. Community Development Manager Collins reviewed the process, to include notifications and public outreach. Mrs. Wengler asked if this specific property would have been changed in the map designation if the request had not been submitted. Manager Collins responded that, because the City had been looking for areas for multi-family housing, and this site met the criteria, it was possible that the change would still have occurred. Discussion followed between the Wenglers and Community Development Manager Collins, and Manager Collins reviewed the criteria for multi-family housing. Mr. and Mrs. Wengler stated their displeasure with the process and with the proposed rezone. Trina Cook, 1418 W. 7th, felt the neighborhood should have been notified of the change. She didn't think the rezone aligned well with the Goals and Policies of the Corcq~rehensive Plan in terms of preserving natural vegetation, scenic views, and maximized southern exposure. Ms. Cook added that an apartment building, buffered only by an alley, would totally block views and sunshine from her neighborhood. She felt that staff had approved changes to the Comprehensive Land Use Plan Map, so it is unlikely the same staff would deny the request for a rezone. Ms. Cook also felt that an insufficient number of notices had been mailed to the neighborhood, and that the rezone would constitute spot zoning. She itemized other concerns, such as decreased property values and groundwater drainage problems. Ms. Cook asked the Council to reconsider the approval for an apartment building. Mike Blackwell, a resident on the 1400 Block of West 7th, felt the hearing was a formality and that a decision had already been made in spite of the fact the neighborhood was seeking the Council's help. Mr. Blackwell felt the process was unfair, and the City will not prosper from a decision to rezone. There will be increased trash and traffic. Jan Schroeder Ruegg, 1425 W. 7th, has lived in the area for 16 years, and she provided a review of the area's growth over the years. Mrs. Ruegg expressed concern with the impact of the rezone on the residents of Park View Villas, as well as the children traveling to school through the alley. Mrs. Ruegg felt the neighborhood should have been notified in 1998 as to the change in the map, and she cited concerns in that the density was originally designated for medium density housing. She invited the Council to live in the neighborhood for a week in order to experience 8th Street traffic, as well as the traffic in the summer because of Shane Park. Mrs. Ruegg spoke about the beauty of the Madrona trees, and she felt a duplex would better suit the property in order to save the trees. She added that residential privacy would be lost. She was ashamed the -5- 5570 CITY COUNCIL MEETING March 1, 2005 PUBLIC HEARINGS - Council would be willing to consider the rezone. QUASI JUDICIAL: (Cont'd) James Schonten, 4619 Old Mill Road, inquired of staff as to the maximum lot coverage allowed under the current zoning, and Community Development Manager Collins LaRue Rezone Proposal responded it was 30%. When asked about the maximum height allowed under the Ordinance No. 3188 present zoning, Manager Collins indicated it was 30 feet. As to the maximum height (Cont'd) allowed under the proposed zoning, Manager Collins responded he thought it might also be 30 feet. Bill LaRue, 222 W. Park Avenue, the applicant, indicated that no one wanted to create scenarios where people would be tragically injured or killed by increased traffic. A code for housing cannot address that matter, but there is a regulation for those not in compliance with the law. He indicated that, in 1998, the prescribed procedures were followed in conjunction with the changes to the Comprehensive Land Use Plan map. Years ago, the City's Planning Commission had adopted the idea that this type of housing should not occur only on "C" Street, 14th throtlgh 1Th Streets but, rather, the Commission felt that multi-family housing should be shared throughout the cun'ununity. Mr. LaRue advised the Council that the proposed project would not be low income; it would be higher end housing. The time to address the issues being discussed this evening is when the building plan is submitted to the City. Mr. LaRue further elaborated on the density planned and the fact that this particular location made sense for multi-family housing. Mrs. Wengler returned to the podium, asking Mr. LaRue for clarification of some of the information he provided. Mayor Headrick closed the public hearing at 7:55 p.m. Councilmember Braun previously expressed surprise that the property is being considered for the proposed density, as he felt the dividing line should be 8~ Street with higher density to the south. He acknowledged the high traffic on 8th Street, not wanting to see an increase in traffic; he could not support the increased density. Councilmember Munro asked about comments made on the lack of sidewalks in the area, and Community Development Manager Collins responded that, during the development phase, sidewalks would be required on 8~h Street and "H" Street as well. Councilmember Munro asked about height limitations, and Manager Collins thought the height limitation for the current and the proposed zone would be the same, but he wanted to further research that fact. He then later corrected his previous statement in that the height limitation of RHD is 35 feet. Councilmember Munro asked if the Council could require the building be a lower height, and Mr. Collins recommended against such a decision, as that concern should be addressed during the building perrmt process. Mr. Collins, in responding to Councilmember Williams, reviewed the setbacks for such a development, adding that 30 units would be the maximum for this particular property. Councilmember Rogers noted the difficulty in making a decision on the rezone request, and she acknowledged there had been errors and concerns with the process. However, she felt the City had correctly followed the 1998 Comprehensive Plan. She realized it is painful for neighborhoods to change, but she felt the applicant has the fight to apply for change. She asked the City Attorney if policies and procedures had been followed correctly, to which Attorney Bloor responded in the affirmative. Councilmember Williams sought clarification as to the low density residential bubble at RS-7 and RS-9, and the high density residential bubble. He asked to be reminded as to the boundaries, and the information was provided by Community Development Manager Collins. Councilmember Williams felt this rezone would be a classic transition from rural to urbanized. Responding to Councilmember Munro, Manager Collins indicated the Planning Commission had voted 5 - I in approving the rezone request. Mayor Headrick read the Ordinance by title, entitled -6- CITY COUNCIL MEETING 5571 March 1, 2005 PUBLIC HEARINGS - ORDINANCE NO. 3188 QUASI JUDICIAL: (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, rezoning five lots from RS-7 to RHD. LaRue Rezone Proposal Ordinance No. 3188 Councilmember Erickson moved to adopt the Ordinance as read by title, citing (Cont'd) Findings 1 - 16 and Conclusions I - 6, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Brief discussion ensued, after which a vote was taken on the motion, which carried 4 - 2, with Councilmembers Braun and Munro voting in opposition. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes - February 15, 2005; 2.) Expenditure Report - February 18,2005 - $781,384.75; 3.) 2004 Tree Trimming Contract, Final Acceptance; 4.) Elwha Underground Electrical Rebuild Phase II, Project 02-1 I, Final Acceptance; 5.) Set Public Hearing Date of March 22, 2005, for Solid Waste Services Agreement; and 6.) Set Public Hearing Date of March 22, 2005, to Surplus Property West of the Tumwater Track Route. The motion was seconded by Councilmember Erickson and carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: RESOLUTIONS: None. ORDINANCES NOT 1. Final Subdivision Review.. Ludwick - 5 Acres on DelGuzzi Drive North of REQUIRING PUBLIC Lindberg Road into 11 Residential Building Sites: HEARINGS: Assistant Planner Roberds indicated the applicant has been working toward the Final Subdivision Review: completion of a minor amount of street paving which had been delayed due to Ludwick inclement weather. The applicant had stated a preference to perform the work as Ordinance No. 3189 opposed to submitting a bond to ensure completion. Condition No. 1 of the Conditions, Findings, and Conclusions was written specific to completion of the work, and the Mayor would be authorized to sign the final mylar upon completion of the street improvements. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3189 AN ORDINANCE of the City of Port Angeles, Washington, approving the final plat for the Ludwick subdivision. Councilmember Williams moved to adopt the Ordinance as read by title, with the Mayor authorized to sign the final plat upon completion of street improvements, citing Condition 1, Findings 1 - 17, and Conclusions A - F, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Establish Port Angeles 2. Establish Port Angeles Forward Committee: Forward Committee Ordinance No. 3190 Manager Quinn reviewed the proposed Ordinance to formalize the Port Angeles Forward Comrmttee. The Comrmttee was initially appointed to serve on an ad hoc basis in 1995; however, it is being brought forward in an advisory capacity on economic development issues. Manager Quinn reviewed some of the salient points of the Ordinance in that "Executive" has been removed from the name, membership would increase from 13 to 14, two Councilmembers would serve on the Committee as opposed to one, the Port Angeles Downtown Association Board would have representation, there would be three citizens-at-large, terms of office would commence -7- 5572 CITY COUNCIL MEETING March 1, 2005 Establish Port Angeles as of March 1, and a Councilmember would always serve as chair. Manager Quinn Forward cornrmttee indicated the Council could deviate from past practice by adopting the Ordinance this Ordinance No. 3190 evening, or it could opt to wait until the next Council meeting. (Cont'd) Councilmember Braun referenced Section B.5., wherein it is stated that members of the Committee shall not be City employees. He queried as to whether Councilmembers wouldbe considered employees. Following clarification provided byAttomey Bloor that, in this instance, the Councilmembers would not be considered employees, Councilmember Braun suggested that language be added to that section clarifying that, for the purpose of membership, elected officials are not considered to be City employees. The Council was in agreement that such a change should be incorporated. Discussion ensued, and Councilmember Williams felt that any other issues that might arise could be addressed within the Committee's By-Laws that will be written. Consideration was given to term rotations on the part of the different agency representatives, and Manager Quinn indicated that most agency representatives change on a regular basis. Couneilmember Williams moved to suspend the normal rule regarding the adoption of Ordinances. The motion was seconded by Couneilmember Munro and carried unanimously. Mayor Headtick read the Ordinance by title, entitled ORDINANCE NO. 3190 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Port Angeles Forward Committee and defining its membership, duties and organization, and adding a new Chapter 2.40 to the Port Angeles Municipal Code. Couneilmember Eriekson moved to adopt the Ordinance as read by title, inclusive of amending language for Section 5.B. wherein Couneilmembers are not considered to be City employees for purposes of membership on the Port Angeles Forward Committee. Couneilmember Rogers seconded the motion, which carried unanimously. Manager Quirm advised the Council that appointments to the Port Angeles Forward Committee would likely be made at the Council meeting of March 22~d. Councilmember Erickson agreed to serve as the second Councilmember on the Committee, and an alternate will need to be named at the next meeting. Long-Term Septage 3. Long-Term Septage Receiving Agreements: Receiving Agreements Ordinance No. 3191 Director Cutler summarized the proposed amendments to the Ordinance on long-term septage receiving agreements. He indicated that three septage haulers have annual permits with the City to dump septage at the Wastewater Treatment Plant, two of which have expressed the desire to have a long range, fixed agreement and the ability to dump septage from Jefferson County at the WWTP. Director Cutler felt that long-term stability in the rates charged would result in increased revenues. He indicated that the Utility Advisory Comrmttee had endorsed the adoption of the Ordinance, as well as the authorization for Director Cutler to offer Discharge Agreements and waive the annual fee for the contract term. Following brief discussion, Couneilmember Munro moved to suspend the normal rule regarding the adoption of Ordinances. Couneilmember Rogers seconded the motion, which carried unanimously. Mayor Headrick read the Ordinance by title, entitled -8- CITY COUNCIL MEETING 5573 March 1, 2005 Long-Term Septage ORDINANCE NO. 3191 Receiving Agreements Ordinance No. 3191 AN ORDINANCE of the City of Port Angeles, Washington, (Cont'd) providing for the processing of septic waste from within Clallam County at the City's Sewage Treatment Plant and amending Ordinances 3146 and 2394, as amended, and Chapter 13.64 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title and to authorize the Director of Public Works & Utilities to offer Discharge Agreements to approved septage pumpers/haulers with terms of three to five years, a rate of $0.11 per gallon, and waive the annual fee for the contract term. The motion was seconded by Councilmember Rogers and carried unanimously. OTHER 1. Preliminary Subdivision Review: North Peninsula Builders Association, 5 CONSIDERATIONS: Acre Subdivision Between l O/12th Streets West of "N" Street (Continued from February 15, 2005): Preliminary Subdivision Review: North Peninsula Community Development Manager Collins advised the Council that, as a follow-up to Binlders Association the discussion held at the February l 5, 2005, Council meeting, stafftalked to the North Peninsula Builders Association regarding project phasing and West 10® versus West 1T" for street improvements. Staffhas recommended that the Conditions, Findings & Conclusions allow the applicant to make the decision prior to the final plat application. Much of this decision will be determined by the progress of other subdivisions in the area, especially one on West 10~. Mr. Collins indicated that the most difficult issue is the posting of West 12th in that no parking would be allowed until the time the improvements are made. Bill Roberds, North Peninsula Builders Association, advised the Council that NPBA intends to start on West IT", as there is access to sewer at that location. If sewer is available on West l0th, then they could start two urfits there as well. The access to sewer is important in order to keep the program moving along on a timely basis. Councilmember Rogers felt the City must communicate the no parking requirement with the neighborhood on West 1Th early and often. Following discussion, Couneilmember Braun moved to approve the preliminary plat as recommended by the Planning Commission, citing Conditions I - 13, Findings 1 - 23, and Conclusions A - G, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. The motion was seconded by Couneilmember Rogers and carried unanimously. Mr. Collins informed the Council that the City received an award from the North Peninsula Builders Association for sponsoring future builders. PUBLIC HEARINGS - None. OTHER: INFORMATION: Manager Quinn provided a report on issues surrounding the annexation of the Western UGA, indicating that Fire Chief McKeen was meeting this evening with the Board of Fire District 2. He felt confident there was agreement regarding automatic aid between the City and the Fire District. Manager Quinn met with Dennis Bickford from the P.U.D. to further discuss electrical service to the area. Brief discussion followed. EXECUTIVE None. SESSION: ' Richard"~. }~a&ick, Mayor B~ck~J~ l~pt~ C--'~'-t~lerk -- F- -9- Exhibit "A" 5574 FINDINGS AND CONCLUSIONS IN SUPPORT OF LARUE REZONE - REZ 04-02: Findings: 1. On October 21, 2004, executor of the LaRue family trust, Bill La Rue, submitted an application for the rezone of Lots 11 - 15, Block 245, Townsite of Port Angeles, from RS-7, Residential Single Family, to RHD, Residential High Density. The site is located in the 1400 Block of West Eighth Street, at the northeast comer of the intersection of West Eighth/ "H" Streets. 2. The undeveloped subject site is comprised of five standard 50' x 140' Townsite lots for a total of 35,000 square feet. 3. The purpose of the RHD zone (PAMC 17.15) is as follows: "This is a high density residential zone for multi-family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generallyfelt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses." 4. Surrounding adjacent zoning includes Residential High Density (RHD) and Community Shopping District (CSD) to the south, Residential Single Family (RS-7) to the west, north, and east, and Public Buildings and Parks (PBP) one block east of the site. Developed properties in the area are consistent with underlying zoning designations (single family and commercial). Undeveloped property in the area includes the subject property, property south and east of the site which is zoned RHD, and property zoned CSD in the block south and west of the site. 5. At ultimate build out, the 5 subject lots could result in the development of a maximum 38.56 units. Residential development in the CSD zone may develop to RHD standards. The existing RS-7 zone allows a maximum density of 9 residential units per acre with a potential for an accessory residential unit or a duplex. 6. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. 7. The Comprehensive Plan Land Use Map designates the site as High Density Residential (HDR). Properties adjacent to the subject property are designated Commemial (C), High Density Residential (HDR), and Low Density Residential (LDR) on the Comprehensive Plan and Land Use Map. 8. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be relevant to the proposal: Growth Management Element Goal A, and Policy A. and A. 1 .a; Land Use Map Goal and Policies Goal A, Policy A.2; Land Use Element Residential Goals and Policies Goal B, Policies B. 1, 3, and 4, Goal C, and Policy C.1, 2, 3, and 4. 5575 Findings and Conclusions - REZ 04-02 Page 2 9. The City's inventory of land zoned Residential High Density (RHD) is approximately 127 acres with only 12 acres undeveloped. A downzone is currently being proposed of approximately 34 acres of the property zoned RMD to Residential Single Family in the City for environmental reasons. The proposed rezone would replace less than one acre of the area-wide downzoned multiple unit property. 10. The State of Washington Growth Management Act (GMA) of 1992 encourages the development of urban properties to specific densities. Mandates to provide an adequate supply of low density, medium density, and high density residential properties were established trader the GMA with specific standards as to where such areas should be located. Criteria for locating medium and high density residential uses along arterial streets where public transportation is normally available; the provision of public utilities including water, power, stormwater, sewer, trash pickup, and communication services; public recreational and educational uses located nearby; and the ratio of inventory of multiple residential land available for development are some of those standards. 11. The SEPA Responsible Official adopted a previously issued Determination of Non- Significance (DNS) for the proposal on December 2, 2004. The DNS adopted was originally issued for the 1998 Comprehensive Plan Land Use Map change for the property from Low Density Residential to High Density Residential. 12. The originally noticed written public comment period for the Planning Commission meeting ran from November 15 to November 29, 2004. Mailing labels were provided by the applicant. Due to the lack ora quorum on December 8, 2004, the Planning Commission was unable to review the proposal. A new notice was posted on January 5, 2005, on the property and in the Peninsula Daily News with a comment period that expired on January 21, 2005. Surrounding property owners were notified that the request was for high density residential zoning. No new comments were received as a result of the additional notice provided to property owners. 13. Seven letters of written comment objecting to the proposed rezone were originally received from property owners residing north of the subject site in the single family residential zoned area. The residents objected to the proposed rezone citing traffic, drainage, view, and property value issues. Those letters were included in staff's continued review of the proposal. 14. Future development of the subject property will include engineered drainage and stormwater design. Drainage and stormwater concerns will not be required of the property owner, or any of the existing property owners in the area without future development. Development in an area is the impetus for needed infrastructure improvements. 15. The City Planning Commission reviewed the final subdivision during a public meeting conducted on January 26, 2005. The City Council considered the final subdivision during a public hearing conducted on February 15, 2005, and continued action to March 1, 2005. Findings and Conclusions - REZ 04-02 5576 Page 3 Conclusions: 1. The site was designated High Density Residential on the City's Comprehensive Plan Land Use Map in 1998 after public review of a potential change from (LDR) low density single family to high density residential (HDR). The proposal is therefore consistent with the Comprehensive Plan Land Use Map. 2. The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development be consistent with the adopted Comprehensive Plan that encourages growth in areas within the capacity of the region's public services and facilities. The Comprehensive Plan residential land use element goals and policies encourage medium and high density housing in residential zones consistent with available public utility and recreation services. Residential land should be developed on the district and neighborhood concept. Single family and multi- family homes, parks, schools, churches, day care and residential services, and district shopping areas are all legitimate components of district development and enhancement. 3. The site, located adjacent to high density and commercially zoned property on a City arterial street, can provide a logical transition between land uses that will not adversely impact the existing development in the area. 4. The rezone is in the public interest and is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. 5. The proposal will minimally add to the City's inventory of RHD zoned land for development. There is not an excessive inventory of high density land available land for development in the City. 6. Development of multi family properties must be done as required by the City of Port Angeles Stormwater Quality Management Plan with other site improvements as required following approval of an engineered site design.  by the Port Angeles City Council at its meeting of March 1, 2005. Richard A. H~aadrick, Mayor Becky J. Opto~11~/Cler!~ ! - Exhibit "B" 5577 CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE LUDWICK FINAL SUBDIVISION: Condition: 1. Improvement is required to that portion of Lindberg Road adjacent to Lot 1 of the proposed subdivision to the City's development standards. The Mayor shall bc authorized to sign the final mylar when the street improvement has received approval following inspection by the city's Public Works and Utilities Department. Findings: 1. Property owners Mr. and Mrs. Bill Ludwick submitted a request for final approval of an 11 lot subdivision on December 30, 2004. The property is identified as being Lot 1 of the Ennis Creek Estates Survey recorded October 25, 1985, located north of the intersection of Lindberg Road and Del Guzzi Drive. The entire site is approximately 5 acres in size. 2. The subject property is identified on the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. Each lot in the subdivision will be at least 9,000 square feet in area and is consistent with the approved preliminary plat.. 3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the final approval of subdivisions. Section 16.08.070(G) PAMC provides that the Planning Commission shall examine the final plat along with the recommendations of the City Departments and shall forward a recommendation thereon to the City Council which shall either approve or disapprove the final plat following a public heating. 4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision and determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 5. The subdivision was preliminarily approved on August 3, 2004, with 7 conditions. 6. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 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 5578 Findings and Conclusions - Ludwick Subdivision Page 2 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. 7. The Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the final proposal and had no concerns after that review. The Public Works and Utilities Department has approved a bond for 150% of the cost of construction of a portion of Lindberg Road adjacent to proposed Lot 1. The work cannot be acceptably completed during the winter months as it is road construction and materials are not available. The work will be completed as materials are available in the spring, 2005. If improvements have not been completed prior to final approval, the bond must have been approved by the Public Works and Utilities Department. 8. The site is served by City water, power, sewer, refuse pickup, and emergency services, and cable and telecommunications services are available to the subject lots. 9. Site development was done per an approved engineered clearing/grading/stormwater plan submitted by Zenovic and Associates due to the historic drainage concerns in the area. Easements for utilities and access to lots are provided on the face of the mylar and will be filed along with the final document. 10. The Comprehensive Plan requires concurrency at the time of development for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency service (Capital Facilities Element Policy A. 10). The City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development (Capital Facilities Element Policy A. I1). 11. The lots arc served off Del Guzzi Drive, a fully improved street, or Lindberg Road, which is developed to low impact development standards for suburban areas except for the south frontages of Lots 1 and 4 which arc bonded for improvements when thc weather becomes less inclement. Neither Del Guzzi Drive nor Lindbcrg Road are school walking or bus routes. 12. Building permits are required for all structures within the subdivision. All local building and Fire Codes will require compliance during construction including residential sprinkler systems. 13. The Port Angeles School District has been notified of the subdivision development to allow planning for needed school facilities and routes. 14. The City's Parks and Recreation Department responded that the the level of service for the area will not 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 and must be provided within six years from the time of development. Findings and Conclusions - Ludwick Subdivision 5579 Page 3 15. The City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Nonsignificance for the preliminary subdivision on July 8, 2004, therefore satisfying the City's responsibility under the Act. 16. The Planning Commission's decision is a recommendation to the City Council who will conduct a public hearing on the final plat approval of the subdivision. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure compliance to the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 17. The site was conspicuously posted on January 7, 2005, in accord with Section 16.08.070(G) PAMC which prescribes notification for the approval of a final subdivision. No written comments have been received to date. Conclusions: A. As conditioned, the proposed final subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, Subdivision Ordinance (Chapter 16.08 PAMC), and Chapter 58.17 RCW of the Washington State Subdivision Act. Development of Phase I is in compliance with the conditions of preliminary approval of the subdivision approved on August 3, 2004. B. Appropriate provisions were 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 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 in the preliminary approval and remain in effect. C. Signage educating residents and visitors as to the prohibition of on-street parking will ensure that streets developed to the City's low impact development standards will remain passable for public safety situations when on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. D. Clearing and grading activities will be done under an approved engineered clearing/grading/stormwater drainage plan that will address existing drainage and future stormwater issues as a result of development through the subdivision process. E. The preliminary proposal was reviewed with respect to the Comprehensive Plan and was found to be in compliance with the Plan's goals and policies for residential development. F. 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. Findings and Conclusions - Ludwick ~ubdivision 5580 Page 4 Adopted by the Port Angele~ Cay .Council,,~t its meeting of March 1, 2005. Richard A. Headrick, Mayor B~ck~J~Upto~, C~/Cler~ / - -' Exhibit "C" 5581 FINDINGS AND CONCLUSIONS 1N SUPPORT OF THE NORTH PENINSULA BUILDERS ASSOCIATION (NPBA) PRELIMINARY SUBDIVISION: Conditions: 1. The subdivision may be built in three phases with the first phase being Lots 1, 2, 3, 16, 17, and 18, the second phase being Lots 4, 5, 6, 13, 14, and 15, and the third phase being Lots 7, 8, 9, 10, 11, and 12. Stormwater detention ponds will be created and utilized for each phase with final stormwater improvements installed with the final phase. Cul-de-sacs shall be constructed for emergency turn around at the north end of each phase as development of the interior street will be completed with each phase. 2. The interior street shall be designed, named, dedicated, and constructed per the City's suburban service standards, which includes at minimum a 20' asphalt surface with ditches and a minimum 4' pedestrian walking path separated from the roadway by the ditch prior to approval of the final plat. 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 indicating that on-street parking is prohibited along both sides of the streets. 3. Thirty (30') feet of right-of-way shall be dedicated along the West 12th Street frontage of the property a distance of approximately 230'. Ten (10') foot of asphalt must be placed north of the platted centerline along the property width of West 12th Street with shoulder, ditch, and pedestrian walking path per the City's suburban road standards. Improvement to "N" Street is not required due to a lack of right-of-way east of the site. 4. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distance. 5. Wording shall be placed on the final plat and recorded with the County Auditor upon filing of the final subdivision indicating that all residences shall be fitted with residential sprinkler systems prior to occupancy. 6. Utility service to the subdivision shall be underground. 7. Prior to final plat approval, an 8 inch water service shall be extended to the lots as required by the Public Works and Utilities Department. 8. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. 9. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from either West Tenth Street or West Twelfth Street. 10. Building setback areas shall be identified on the final plat and address numbers provided by the City's Building Division shall be placed on the lots. 11. The final plat shall indicate that the William R. Fairchild International Airport is located in the vicinity and that ongoing airport operations exist. 5582 Findings and Conclusions - NPBA Page 2 12. NPBA shall sign a latecomers agreement to pay for a fair share of W. 10t~ Street improvements. 13. W. 12 Street be posted for no parking to provide safe access for young children to the school bus stop at N Street. Findings: 1. Preliminary approval is for the 18-unit subdivision submitted by Zenovic and Associates on January 26, 2005, for North Peninsula home Builders, identified as being the West ½ of Suburban Lot 55 within the Townsite of Port Angeles and located 900 feet west of"N" Street between West l0th Street and West 12th Street. The site is approximately 5 acres in size and is rectangular 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)(1) 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 ofg0 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 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision and determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 5. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed short plat. Their comments and specific conditions have been incorporated in the Department' s recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within acceptable standards to the site or will be extended 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. Findings and Conclusions - NPBA 5583 Page 3 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 A.9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency service (Capital Facilities Element Policy A. 10). 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. 1, B.2, B.3, and B.4, Goal C; Transportation Element Goal A, Policy A.3, A.6, B. 10, B. 11, B. 14, and B. 18; 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.2, C.3, C.4, 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 familyresidential neighborhoods, following a curvilinear street system ofnonthrough 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 Tenth Street and West Twelfth Street, from "N" Street. None of the access streets are fully improved. Improvements to West l0th Street will be required such that the final roadway is improved to current urban services standards and guidelines. "N" Street is a collector arterial and a designated school walking route but is not a designated bicycle route. The City's Urban Services and Guidelines Standards (Section 3G. 100 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 and improvement for a ditch and pedestrian walking path are required along the site's southern frontage of 30 feet for the continued development of West Twelfth Street. 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 PAMC) which provides specific desigu 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 PAMC 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 trader 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 Findings and Conclusions - NPBA 5584 Page 4 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 slopes to the northwest. 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 ! 00- year flood 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. 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 12~ and "N" Streets. 16. The City's Parks Department responded 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 north (Crown Park) or one mile southeast (Lincoln Park). 17. The site will be serviced 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 January 10, 2005, therefore satisfying the City's responsibility trader the Act. 19. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staffhas 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 heating 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. Findings and Conclusions - NPBA 5585 Page 5 21. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on December 22, 2004. The property was posted on December 22, 2004, and publication appeared in the Peninsula Daily News on December 19, 2004. No written comments have been received. 22. The fight-of-way for W. 10t~ Street is currently 70 feet in width and will require improvement to arterial street standards of a minimum 24-foot width with drainage and a 4-foot walkway to N Street. 23. Adequate right-of-way does not exist between the subject site and N Street, and only the on- site frontage on W. 12th Street will be improved to a minimum 20-foot width for the travel way with drainage and sidewalk or walkway improvements, although the school bus stop for young children is located at N Street. Conclusions: A. As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and Chapter 58.17 RCW of the Washington State Subdivision Act C. As cont~tioned, 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 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. As conditioned, if minimum 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. 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 State of Washington Growth Management Act. F. The phasing of the subdivision and ihe delayed build out of the lots and street improvements along W. l0th Street to N Street require that the North Peninsula Builders Association and subsequent lot purchasers agree to pay latecomer fees for improvements to W. l0th Street. Findings and Conclusions - NPBA 5586 Page 6 G. Eliminating parking along W. 12th Street will improve visibility and safety for young children walking from the subject site to the school bus stop at N Street. Adopted by the Port Angeles City Council at its meeting of March 1, 2005. Richard A Headnck, Mayor Becky J~Upt6~, CiYp Clerk t