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HomeMy WebLinkAboutMinutes 03/16/2004 CALL TO ORDER - SPECIAL MEETING: ADJOURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURN SPECIAL MEETING CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: Recognition of Volunteer Services for Picking Up Junk Vehicles by Evergreen Towing 5203 CITY COUNCIL MEETING Port Angeles, Washington March 16,2004 Mayor Headrick called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Mayor Headrick adjourned the meeting to Executive Session at 5:00 p.m. to discuss a matter of real estate for approximately one hour. The meeting returned to Open Session at 5:25 p.m. Councilmember Erickson moved to accept an offer to purchase a lot in the Ennis Creek Estates area, identified as Parcell, Vol. II of Surveys, pg. 44. Councilmember Braun seconded the motion, which carried unanimously. The special meeting was adjourned at 5:27 p.m. Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Dickson, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, B. Kuchik, and C. Hagar. Public Present: D. Anstett, S. & M. Hutchison, C. & C. Wheeler, R. Peterson, S. Pilot, P. Lamoureux, D. & V. Frizzell, S. Zenovic, M. Hutchison, D. & K. Morrison, R. Currnigan, C. Kidd, L. Nutter, P. Gagnon, 0 Campbell, T. & J. Neudorfer, D. Yakovich, and 1. White. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by the DeMolay Councilors. 1. Proclamation in Recognition of Volunteer Services for Picking Up Junk Vehicles Off City Streets by Evergreen Towing: Mayor Headrick read and presented a proclamation to Evergreen Towing, recognizing the effort made to pick up junk vehicles from City streets, having removed more than 250 vehicles in 2003 alone. Mayor Headrick announced that there was a group present who wished to use this opportunity to also show its appreciation to Mr. Anstett. The Senior Councilors from DeMo lay then presented a certificate of appreciation to Mr. Anstett, for his help in providing transportation for them over the past three years. - I - 5204 CITY COUNCIL MEETING March 16, 2004 Proclamation Recognizing DeMolay Week Recognition of Walter, Deborah, and Kristin Seelye WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: (Cont'd) United Way Year-End Report 2. Proclamation Recognizing DeMolay Week: Mayor Headrick read a proclamation declaring the week of March 14th to be DeMolay Week and presented the proclamation to Mitchell Hutchison, Master Councilor; Monty Hutchison, Sr. Councilor; and William Hart, Junior Councilor of the DeMolays. 3. Recognition by Fire Department of Walter, Deborah, and Kristin Seelye for Help During Apartment Fire: Mayor Headrick deferred to Fire Chief McKeen who read a letter and presented a plaque to Walter, Deborah, and Kristin Seelye, recognizing their heroic efforts to save lives during the recent apartment fire. The Seelye's received a standing ovation. None. Manager Quinn asked to add discussion of the BIGG-ICMA Resource City Partnership and passage of a Resolution under Section H. Councilmember Braun asked to discuss the need to have information disseminated to the alternates on the various Boards. This would enable them to keep abreast of current issues and do a better job when filling in for regular board members. This was added under Other Considerations, Item 3. Paul Lamoureux, 602 Whidby, asked if there would be a second public hearing in April on Item 1. 2., the Watershed Plan. Mayor Headrick stated that it is possible the public hearing will be continued to April. 4. United Way Year-End Report and Allocationsfor 2004: Patty Hannah, Executive Director of United Way, stated that the United Way has had a ten-year relationship with the City in administering the Human Services funding. She said that the City had allocated $120,150 in 2003, which helped existing programs that serve youth and families. She explained that more than 7800 individuals had been helped by United Way in 2003; 50% more than had been served in 2002. Ms. Hannah stated that the agencies had to turn 657 people away in 2003 due to lack of funds. However, of that number, 500 were people seeking dental and medical services. Most of those individuals were likely referred to the emergency room of the hospital. Ms. Hannah stressed that health care has a large impact in a community the size of Port Angeles. Work is being done on health care issues; however, she wanted to make sure this was brought to the Council's attention to show the importance of health care funding. Ms. Hannah reminded the Council that they previously gave the various agencies an opportunity to give a presentation on human services funding, and she asked permission to do this again in July, 2004. Moving on to the 2004 recommendations, Ms. Hannah reviewed the requests made by the various agencies, the entities participating in the funding process, and the allocations suggested by United Way. Councilmember Rogers asked about the homeless teenagers in Port Angeles and if there was a group working on this problem. Ms. Hannah informed the Council that the Serenity House Homeless Teen Task Force is looking for a building accessible to teenagers to give them a place to clean up and eat, but would not necessarily be a shelter. This would also allow them to have an address so that when they are looking for work potential employers have a way to reach them. Councilmember Rogers was amazed at the number of homeless teenagers, as this is a growing problem that must be addressed. - 2 - PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: (Cont'd) United Way Year-End Report (Cont'd) FINANCE: Three-Phase Relay Tester, Project 03-25, Award Contract Fee Reduction Request for Rayonier Benefit Dump Day CONSENT AGENDA: CITY COUNCIL MEETING March 16, 2004 5205 Mayor Headrick thanked Ms. Hannah for all her efforts on behalf the United Way, and Ms. Hannah distributed spreadsheets which listed the suggested allocations for 2004 funding and asked for Council's approval of same. Councilmember Rogers moved to accept the 2004 allocations as presented. Councilmember Erickson seconded the motion, which carried unanimously. 1. Three-Phase Relay Tester, Project 03-25, Award Contract: Director of Public Works & Utilities Cutler reviewed the pertinent information. Councilmember Braun moved to reject the bids from Omicron and Megger for being non-responsive and authorize the Mayor to sign a contract with Doble of Watertown, MA, for a new three-phase test set in the amount of $52,909.80 ($48,900.00 plus sales tax), the cost of which will be shared with the PUD. Councilmember Rogers seconded the motion, which carried unanimously. 2. Fee Reduction Requestfor Rayonier: Director Cutler summarized the information pertammg to this issue, and Councilmember Munro asked how much revenue was generated at the current rate. Director Cutler stated that, in 2003, the City received approximately $144,000 in revenue. If the fee reduction had been in place for 2003, revenues would have been reduced by about $36,000. The City collected an estimated $500,000 in revenue since the inception ofthe agreement. Rayonier has capped its landfill site, and it is expected that the amount of leachate will rapidly decrease over time. Councilmember Munro asked where the leachate would go if the City didn't take it. Director Cutler stated it would have to be treated on site or taken to another plant; the closest location would be Shelton or Brownsville. He explained that Rayonier delivered the leachate during low flow, so it does not contribute to capacity issues at the treatment plant. Following further limited discussion and clarification, Councilmember Erickson moved to reduce the fee for processing leachate from Rayonier's Mount Pleasant Landfill from $0.04 to $0.03 per gallon. Councilmember Braun seconded the motion. Councilmember Munro stated that, with the tight revenue in the City and the number of citizens on fixed income, he must ask why the rate should be reduced. Director Cutler explained that the UAC's recommended approval of this request is based on the quality of the material coming into theplant and the fact that the rate of $0.03 per gallon is consistent with rates charged for services to individuals living outside the City limits. A vote was taken on the motion, which carried 5 - 2, with Councilmembers Munro and Rogers voting in opposition. 3. Benefit Dump Day: Director Cutler reviewed the information on Benefit Dump Day. The City receives money from the Department of Ecology to offset some ofthe costs associated with the event. He encouraged the Council to approve the Benefit Dump Day, scheduled for April 25, 2004, from 9:00 a.m. to 3:00 p.m. at the Port Angeles Landfill and stated that volunteers from the Food Bank would also be there to assist with directing traffic and collecting food items. Councilmember Rogers moved to approve the annual Benefit Dump Day scheduled for Sunday, April 25, 2004, 9:00 a.m. to 3:00 p.m., at the Port Angeles Landfill. Councilmember Munro seconded the motion, which carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of March 2,2004 regular meeting; 2.) Expenditure Approval List - - 3 - 5206 CITY COUNCIL MEETING March 16, 2004 CONSENT AGENDA: (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Request for vacation of Right-of-Way - DeFrang- STY 03-05 Resolution No. 3-04 CITY COUNCIL COMMITTEE REPORTS & CALENDAR: Break PUBLIC HEARINGS - QUASI-JUDICIAL: Municipal Code Amendment- MCA 0 1-02- Consideration of Amendmentto Title 14, the City's Parking Ordinance Watershed Plan March 5, 2004 - $418,201.49; and 3) Electronic Payments - March 5, 2004 - $2,366,156.00; 4.) Approval of lease agreement with Juan de Fuca Council of Campfire USA; 5) Appointment to Construction Code Board of Appeals; and 6) Olympic Discovery Trail Extension Paving, Project 99-19, Final Acceptance. The motion was seconded by Councilmember Erickson and carried unanimously. None. Request for Vacation of Right-of- Way - DeFrang - STV 03-05: Director of Community Development Collins reviewed the information pertinent to the requested street vacation, explaining the public hearing would be set for April 20, 2004. Councilmember Erickson moved that the Council adopt the Resolution entitled Resolution No. 3-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of Wolcott Street in Port Angeles, Clallam County, Washington. Councilmember Pittis seconded the motion, which carried unanimously. Councilmember Pittis reminded the Council that it was time to start thinking of holding a workshop or retreat. He suggested stafflook at schedules and arrange a time that will fit into the budget and planning processes. Manager Quinn pointed out that in April the Council will receive a 2003 year-end report, work will begin on the CFP and TIP, and a joint City Council/Port Commissioner meeting will be held. Mayor Headrick requested stafflook into holding the workshop/retreat be held towards the end of May . Councilmember Rogers suggested that consideration be given to holding this session on a week day or week night rather than tying up weekend time, which was supported by Council and staff. Mayor Headrick recessed the meeting for a break at7: 02 p.m. The meeting reconvened at 7:10 p.m. 1. Municipal Code Amendment - MCA 01-02 - Consideration of Amendment to Title 14, the City's Parking Ordinance: Councilmember Erickson moved to continue the public hearing to April 20, 2004, upon recommendation of City staff. Councilmember Braun seconded the motion. Mayor Headrick opened the public hearing at 7: 19 p.m. There was no one present who wished to speak to the issue. Councilmember Erickson restated the motion, which was seconded by Councilmember Braun and carried unanimously. 2. Watershed Plan: Director Collins indicated that he and Orville Campbell would give a presentation on the Watershed Plan, and he distributed to the Council copies of Chapter Three of the Watershed Plan. Orville Campbell, 820 Milwaukee Drive, apologized to the City Council for not being able to present them with Chapter Three of the Watershed Plan prior to tonight's meeting. However, it was not received until this afternoon. He pointed out that a memo from Director Collins dated March 16,2004, which is a part of the packet, - 4 - CITY COUNCIL MEETING March 16, 2004 5207 Watershed Plan (Cont'd) contains the items vetoed by the City that go with Chapter Three. Mr. Campbell stated that this document has been slow coming from the County, and this public hearing was scheduled without having the document in hand in the hopes of speeding up the process. In studying the initial drafts, one area of concern was the impact on the City's future budgets. Mr. Campbell then explained areas of concern in the initial draft document, which included unfunded mandates and limiting factor analysis which could change the Watershed Plan without involving the Initiating Governments. These items have been transferred to the Appendix for reference. Mr. Carnpbell explained that the State Stormwater Manual is not adopted by this Plan, but it does contain a minor reference to the manual. One issue that is still confusing is the Forest Management portion of the document, which could be placed in the Appendix as an item to be resolved in the future. The initial language in the Watershed Plan would have created another advisory group to deal with forestry issues that arise in the future as a result of managing the watersheds and streams. This should be avoided, as there is an adequate number of agencies designated for this purpose. Mr. Campbell then deferred to Director Collins to explain the remaining comments. Director Collins stated this has been a very lengthy process, and one of the issues debated at length was the impact of the Watershed Management Plan on the Elwha River, particularly related to minimum in-stream flows. It has been the City's position, supported by the Lower Elwha Klallam Tribe, that until the dams are removed, any flow regimen placed on the river would be premature, as the flows must be based on post dam removal river conditions. This matter has been identified and clarified in the Plan, as no in-stream flows are identified for adoption but, rather, will be addressed in the future. Morse Creek flows were also under debate, but it was felt that those flows are now consistent with the hydro operation. A third flow issue was the City's water shortage response plan, which is still under review. A proposal has been made to the Tribe, and Director Cutler has been working with the Tribe on reaching consensus. Director Collins explained that, at the start of this process, one of the City's main concerns was protection of its water rights and the supply system. It is believed this has been accomplished. Director Collins continued to describe the various concerns the City had with the Plan and how these concerns were addressed and corrected. Director Collins stated that, once the Initiating Governments have adopted the Plan, it will proceed to the County Commissioners for approval or amendment. It is recommended that, as the Council has not had time to review the changes, the public hearing be continued to April 6, 2004. It could be continued yet again, should the Council deem it necessary. Discussion followed, and Director Collins and Mr. Campbell responded to questions directed by the Council and offered clarification on various aspects of the Plan. Mr. Collins stressed the importance of double checking the Plan to ensure the final version represents what was agreed to in past discussions. Mr. Campbell assured the Council that he would scrutinize Chapter Three very carefully to ensure that all issues have been properly addressed and all the Council's directives have been met. Mayor Headrick expressed concern over who had the enforcement authority and wanted to ensure this was addressed by the Plan. Director Collins stated the City had the power and obligation to enforce the Plan within the City. However, outside the City limits, the City has no authority whatsoever. Mayor Headrick then opened the public hearing. Dennis Yakovich, 2736 Blue Mountain Rd., stated he was Chair and sole member of the landowners caucus for this project. He indicated that, without input from Messrs. - 5 - 5208 CITY COUNCIL MEETING March 16, 2004 Watershed Plan (Cont'd) CITY COUNCIL COMMITTEE REPORTS & CALENDAR: (Cont'd) OTHER CONSIDERATIONS: Morrison Subdivision: Consideration of a 16-unit Subdivision - 3800 Block Old Mill Road Campbell and Collins, this would have been a terrible document. He said the City, along with Messrs. Campbell and Collins, had worked very hard and without their involvement, the Plan would have contained many unfunded mandates. Councilmembers Braun and Erickson thanked Mr. Campbell and Director Collins for all their efforts, and Mayor Headrick stated he felt very comfortable agreeing with whatever recommendations made by Mr. Campbell. Councilmember Rogers moved to continue the public hearing to the April 6, 2004, regular Council meeting. Councilmember Pittis seconded the motion, which carried unanimously. Returning to Committee Reports, Mayor Headrick asked Councilmember Rogers to give a brief report on the recent trip to Washington D.C. to attend the National League of Cities (NLC) Conference. Councilmember Rogers stated that she and Manager Quinn attended the Conference, which was well attended. There were many key Congressmen and Senators that spoke at the Conference, and Councilmember Rogers and Manager Quinn split up in order to attend as many sessions as possible. She felt that Port Angeles was in better shape than many other communities who have had to layoff many employees and close parks in order to balance their budgets. The main concerns voiced at the Conference were related to the funding of public safety, homeland security, unfunded mandates, and education. Also, contact was made with the legislative delegation to ensure they knew the concerns and the good things happening in Port Angeles. Councilmember Rogers stated that she had a meeting at the White House, where she spoke with a Representative about Port Angeles and the impacts of public safety, homeland security, and stormwater issues in a positive manner. She will continue to forward information to the White House point of contact, as well as the Congressional delegations for follow up. She stated she was glad to see T-21reauthorization passed by the Senate. These types of bills are critical for the public infrastructure that makes cities a much more livable place. Councilmember Rogers said that she and ManagerQuinn attended the A WC sponsored meetings with the City's Senators and Congressmen and were able to provide constructive input as to what is working and what is not working for public safety. She felt it was a very good conference, and she responded to questions from the Council. 1. Morrison Subdivision: Consideration of a 16-Unit Subdivision - 3800 Block Old Mill Road: Mayor Headrick excusedhimselffromdiscussion and voting on the issue, as there may be a conflict of interest. However, he did continue to preside over the consideration. Director Collins reviewed the information pertaining to the subdivision, explaining there was a new Finding #20 regarding a new SEP A determination. He issued a DNS today as the SEP A Responsible Official, which also deletes Finding #23 in the packet. The recommendation to make this change was based on information provided by a local attorney and reviewed by Attorney Knutson for the City. Director Collins noted that on Page 80 of the packet, the excerpt from the minutes of the February 11, 2004, meeting did not include the second to the motion and the vote, which is found on Page 96 of the packet. He then offered to answer any questions. Councilmember Braun asked if the required sidewalks were contiguous with any other sidewalks, and Director Collins responded in the negative, explaining that sidewalks are a requirement, as this is designated as a school walking route and is also an arterial street which requires sidewalks. Councilmember Pittis asked if there was a recommended distance for cul-de-sacs, and Director Collins responded affirmatively. He explained that this exceeds the distance - 6 - OTHER CONSIDERATIONS: Morrison Subdivision: Consideration of a l6-unit Subdivision - 3800 Block Old Mill Road (Cont'd) Pilot Subdivision: Consideration of a 30-unit Subdivision - 14thj"N" Street CITY COUNCIL MEETING March 16, 2004 5209 that is recommended, but it was worked out with the Fire and Public Works Departments based on the fact that there is no roadway to the west ofthe site. The cul- de-sac has a bump out, which allows for fire trucks to stop midway and avoid the traffic in the cul-de-sac. Referring to a handout distributed by Director Collins which provided amended Findings and Conclusions, Councilmember Pittis asked about the phrase "short plat" feeling this was in error. The word "short" should be removed, to which Director Collins agreed. Director Collins continued to respond to questions and provide clarification, especially as regards the changes made to the Findings and Conclusions,. Councilmember Pittis again expressed concern over the subdivision being acul-de-sac, as it gives no aid to future development, and it makes it difficult for service vehicles to access the property. He stated it was his experience that cul-de-sacs do not allow for good traffic circulation. Councilmember Erickson moved to approve the Morrison Preliminary Subdivision, citing corrected Conditions 1 - 10, Findings 1 - 22, and one Condition, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilmember Rogers seconded the motion, which carried 5 -1, with Mayor Headrick abstaining and Councilmember Pittis voting in opposition. 2. Pilot Subdivision: Consideration of a 30-Unit Subdivision -1 4th/"N " Street: Director Collins reviewed the information regarding the issue and noted a correction to the numbering of the Findings. Councilmember Williams asked what triggers development on 16th Street, and Director Collins explained that, for this development, there are lots fronting on 16th Street, as well as on the cul-de-sac. Councilmember Williams asked, if one of the lots on 16th Street is developed, would it trigger improvement of the entire street. Assistant Planner Roberds responded that the five-lot trigger would not take effect on this subdivision. It was noted that two adjoining subdivisions had recently been approved, and Councilmember Pittis asked if there had been discussion among the three developers regarding a cooperative effort to improve 16th Street. Ms. Roberds responded affirmatively; however, the engineer they employed is not in favor of such an effort. Mrs. Pilot is in favor of doing whatever she can to work with other developments, and they will be doing a lot of work together regarding stormwater, as it flows across all three properties. Mayor Headrick then asked about the off-street parking. Director Collins stated that two parking spaces are required, and Mayor Headrick felt two was not enough. Director Collins stated there were no provisions for requiring more, unless it is made a condition of the subdivision. Mayor Headrick felt this should be made a condition as there will be parking problems in the future if no parking is allowed on the street. Discussion followed, with Director Collins responding to questions and providing clarification regarding sidewalks and parking issues. Councilmember Williams objected to treating this subdivision differently regarding parking requirements. Other recently approved subdivisions were not required to change parking requirements, and it would be unfair to change them for this particular subdivision. Mayor Headrick felt that this was an issue that needed to be discussed for future developments. Councilmember Rogers stressed that the low impact development standards are doing what was hoped - attracting development. She concurred with Councilmember Williams that this subdivision should not be treated differently. Councilmembers Williams and Rogers both agreed to review the process in the future. Following further discussion, Councilmember Pittis moved to approve the Pilot - 7 - 5210 CITY COUNCIL MEETING March 16, 2004 Pilot Subdivision: Consideration of a 30-unit Subdivision - 14th/"N" Street (Cont'd) PUBLIC HEARINGS - OTHER: INFORMATION: RESOLUTIONS: BIGG - ICMA Resource City Partnership Resolution No. 4-04 Preliminary Subdivision, citing Conditions 1 - 10, Findings 1 - 22, and Conclusions A - F, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember Williams seconded the motion, which carried unanimously. Councilmember Williams stated that the low impact development standards will be reviewed by the CED Committee. None. Manager Quinn had nothing to report, but he directed attention to the reports where it should be noted that the City is slightly ahead oflast year's pace in terms of residential development. Councilmember Pittis felt the Planning staff should be commended for its efforts, as they did a good job in presenting the information. Peter Ripley, Port Angeles Journal, asked which bridge design had been chosen, to which Director Cutler responded. BIGG - leMA Resource City Partnership: Manager Quinn explained that he brought the Resolution to this evening's meeting as a late item, as the next meeting is not until April 6, and there is a possibility the first exchange will take place on April 19. He reviewed the information regarding the partnership, noting Port Angeles would be the fourth City chosen for this project for the funding year, 2004-2005. The City of Port Angeles would be partnered with Tanjung Redeb, which is located in Indonesia. Manager Quinn reviewed the similarities between the two cities, which led to Port Angeles being invited to participate in this program. He stated that all costs for participating in this program would be borne by the Federal Government. The tentative proposal would be seven exchanges, with the first exchange taking place the end of April. The first meeting would involve developing a work plan and an assessment of work tasks; therefore, Manager Quinn suggested he and Director Cutler attend this meeting. The remainder of the exchanges will take place over the next 18 months, and the final conference will be a review of the exchange where it is suggested an elected official attend as well. Manager Quinn felt staff was willing to take on this challenge. It introduces the possibility for cultural and international exchanges and puts Port Angeles into the light of a progressive community which will be used as a model for other communities. Discussion followed, and Councilmember Munro felt this program would be of little benefit to the community. Councilmembers Rogers and Erickson pointed out that it did have value, as Port Angeles would be seen in a positive light and perhaps it could generate enough publicity to bring tourist and possible economic development. Councilmember Pittis suggested there was also the possibility of opening up some form of trade. Following discussion, Councilmember Erickson moved to pass and read the Resolution by title, entitled Resolution No. 4-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing official participation of the City and its staff as a Resource City in th ICMAI BIGG Program funded by USAID. Councilmember Williams seconded the motion, which carried 6 - 1, with Councilmember Munro voting in opposition. - 8 - OTHER CONSIDERA nONS: ADJOURNMENT: Distribution of Memos to Committee Alternates: CITY COUNCIL MEETING March 16, 2004 5211 Councilmember Braun asked that, in the future, alternates on the various Boards and Committees be included when information is disseminated, as it is very difficult to be brought up to speed on a subject during the meeting. The rneeting was adjourned at 9:28 p.m. \;U-m ~ Richard A. Headrick, Mayor - 9 - ^-- Exhibit" A" CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE MORRISON PRELIMINARY SUBDIVISION 5212. Conditions: 1. The interior street identified as Juniper Lane shall be dedicated and constructed per the City's urban service_standards, which includes a 20' asphalt surface with ditches and a minimum 4' pedestrian walking path separated from the roadway by a vegetated ditch prior to approval of the final plat. NO P ARK.ING signs shall be posted on Juniper lane and the cul-de-sac bulb. 2. Sidewalks shall be constructed along the west side of Old Mill Road for the entire frontage of the site. 3. The fire hydrant spacing shall be as required by the City Fire Department to a maximum 1000' of separation distance. Residences shall be fitted with sprinkler systems. 4. Electric utility service to the subdivision shall be underground. 5. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works Department with an 8 inch main. 6. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and made prior to final plat approval. Plans shall include a 20 foot easement between Lots 2 and 3 for maintenance of the drainage pipe. A stormwater mitigation system shall be installed along the north side of the property and all subsequent structures shall have roof drains tied into the current storm drain system. 7. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from Old Mill Road and shown on the preliminary plat. 8. Building setbacks shall be identified on the final plat and address numbers that will be provided by the Building Division, shall be placed on the lots on the final plat. 9. A 25-foot Sensitive Area Tract shall be located adjacent to the west boundary of Lot 5 per P AMC 15.20.090. The Sensitive Area Tract shall be vegetated with native plant materials and the edge shall be clearly marked in the field and shown on the final plat map. 10. Appropriate street trees shall be planted along the property's frontage of Old Mill Road per the Urban Services Standards and Guidelines Policy G3.1 00, Street Trees and Landscaping. 5213 Findings and Conclusions Morrison Preliminary Subdivision Page 2 Findings: 1. Chapter 16.08 ofthe Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland within the State of Washington. 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. 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. 3. Section 16.08.050(B)(I) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received November 18, 2003, prepared for Dan Morrison by Zenovic and Associates, Inc. 6. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. 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, Policy B.l, B.2, B.3, and B.4, Goal C; Transportation Element Goal A, Policy A.3, A.6, B.11, B. 14 and B.15; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.l, B.3, B.4, B.5, B.6, B.7, C.2, C.3, C.4, and C.5. 5214 Findings and Conclusions Morrison Preliminary Subdivision Page 3 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. 11. The site is currently served by Old Mill Road, which is a collector arterial and is listed as a school walking route. 12. There are no environmentally sensitive areas on the site. However, a jurisdictional non-regulated category IV wetland exists to the southwest of the site which provides valuable functions that should be protected. 13. The site slopes downward from south to north. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. 14. Transit service is available at the intersection of Old Mill Road and Ahlvers Street located approximately 1,150 feet to the north ofthe subject site. 15. Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 16. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. 17. The City's Parks Department has 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. 18. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 19. The site will be serviced by the City's Police, Fire, and Public Works Departments. 20. The City's State Environmental Policy Act (SEPA) Official issued a Mitigated 5215 Findings and Conclusions Morrison Preliminary Subdivision Page 4 Determination of Nonsignificance (MDNS #1059) on March 16,2004, therefore satisfying the City's responsibility under the Act. The mitigation measure states, "Before the applicant can proceed with any subdivision improvements, the SEP A Responsible Official must be satisfied that the applicant has complied with federal laws governing protection of the waters of the United States." 21. A conditional use permit #03-10 was issued on August 27,2003 to allow a duplex unit on Lot 1. 22. The City's low impact development standards in suburban areas adopted earlier in 2003 were adopted with the understanding that subdivisions developed under the standards would not allow for on-street parking. Site development and design for residentia110ts developed under the lower impact standards need to accommodate resident parking and visitor parking on-site. Roadside ditches developed under low impact development standards should be kept free of debris by adjacent property owners. Conclusion: Review of the preliminary subdivision indicates that the proposal complies with requirements ofthe State Subdivision Act RCW 58.17, the City's Comprehensive Plan, and Chapter 16.08 of the Port Angeles Municipal Code and is therefore in the public interest. Adopted by the Port Angeles City Council at its meeting of March 16, 2004. ~.d2~ RIchard Headrick, Mayor Exhibit "B" 5216 RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE PILOT PRELIMINARY SUBDIVISION Conditions: 1. Interior cul-de-sacs shall be designed to be curvilinear ifpossible, named, dedicated, and constructed per the City's urban service standards, which includes 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. Signage shall be placed on interior cul-de-sacs indicating that on-street parking is prohibited along both sides of the streets. 2. Thirty (30') foot of right-of-way shall be dedicated along the West Sixteenth Street boundary of the property. An improved surface along West Sixteenth Street is required to a final width of27' (10' ofpavement north of centerline) with a ditch and 4' pedestrian walking path per the City's low impact development standards. The barricade located at the west end of West Sixteenth Street east of"O" Street shall be removed (at the City's discretion) or an approved turn a-round installed prior to final subdivision approval. Thirty (30') foot of right-of-way shall be dedicated along the W est Fourteenth Street boundary of the property and improved an additional 10' width for a total improved width of 30' with a 4' pedestrian walking path separated by a ditch per the City's low impact development standards. Twenty (20') foot of paving is required west ofthe centerline along the subdivision frontage of"N" Street between West 14th and West 16th Streets with curb, gutter, and sidewalk per the City's Urban Development standards which includes an asphaltic concrete surface. Street trees shall be planted along "N" Street per the City's Urban Services and Guidelines Policy 3G.1 00 Street Trees and Landscaping. 3. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distance. Wording shall be placed on the final plat and recorded with the County Auditor upon filing ofthe final subdivision indicating that all residences shall be fitted with residential sprinkler systems prior to occupancy. 4. Electric utility service to the subdivision shall be underground and shall be coordinated with other utilities for joint use of the trench. 5. 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. 6. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. Installation may be phased with the three phases proposed for final approval as proposed in the January 9,2004, application. 7. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from West Fourteenth Street and West Sixteenth Street. 5217 Conditions, Findings and Conclusions - Pilot Preliminary Subdivision March J 6, 2004 Page 2 8. 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. 9. The applicant shall place a statement on the plat and make it known to all subsequent purchasers of the lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not warrant that these lots will always be outside the lowest noise contour currently established for residential use. 10. No lots shall access directly onto West Fourteenth or "N" Street. Findings: A. Preliminary approval is for the 32-unit subdivision submitted by Zenovic and Associates on January 9, 2004, for Pilot International identified as being in Suburban Lot 78 within the Townsite of Port Angeles and located at the southwest comer of the intersection of"N" Street and West Fourteenth Street. The site is approximately 8.66 acres in size and is nearly square in configuration. B. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 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 of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland 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 is proposed in three phases: Phase I will consist ofthe development Conditions, Findings and Conclusions - Pilot Preliminary Subdivision March 16, 2004 Page 3 5218 of Lots 1- 6 (along West Sixteenth Street); Phase II will consist of Lots 7 - 19 (east cul-de-sac); and Phase ill will consist of Lots 20-32 (west cuI-de -sac). No timing for the phasing is proposed in the preliminary plat and should be addressed in the final submittal. Section 16.08 PAMC states that the final plat shall be submitted to the Community Development Department within five years after City Council approval ofthe preliminary plat. Said preliminary approval shall become void unless a final plat is submitted and approved by the City within the five year period. 60 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. 70 The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 8. The Comprehensive Plan requires concurrency at the time of development for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency service (Capital Facilities Element Policy Al 0).. 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 A2, Goal B, Policy B.l, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A3, A6, B.lO, B.ll, B.14, and Bo18; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy Bol, B.3, B.4, B.5, B.6, B.7, C.2, C.3, CA, and C.50 9. The purpose of the City's RS-9, Residential Single Family zone is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land 10. The site is currently served by West Fourteenth Street, West Sixteenth Street, and "N" Street. None ofthe access streets are fully improved. "N" Street is a collector arterial and a designated school walking route but is not a designated bicycle route. Improvements to West Fourteenth Street will be required such that the final roadway is an improved width of 30' with a ditch and 4' pedestrian walking path established Conditions, Findings and Conclusions - Pilot Preliminary Subdivision March 16; 2004 Page 4 5219 on the south side per the City's new suburban low impact development standards. The City's Urban Services and Guidelines Standards (Section 3G.I00 Street Trees and Landscaping) suggests that street trees should 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' for the continued development of West Sixteenth Street. 11. The City's low impact development standards for suburban areas were adopted in 2003 with the understanding 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. Roadside ditches developed under low impact development standards should be kept free of debris by adjacent property owners. 12. The proposal was reviewed with regard to the City's Subdivision Ordinance (Section 16.08 PAM C) which provides specific design standards which are expected of subdivisions within the City limits while the City's Urban Services Standards and Guidelines indicates that street trees should be planted along arterial streets and provides guidance for such placement and tree species. The design standards identified in Section 16.08.060 F P AMC state that street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. 13. There are no environmentally sensitive areas on the site. The site slopes west to northeast. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100-year 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. Alllocal building and Fire Codes shall be complied with during construction including residential sprinkler systems. 15. The Port Angeles School District has been notified ofthe development to allow them to plan for needed public school facilities and routes. School busses travel along both "N" and Fourteenth Streets. Hamilton School is the closest school to the site. Conditions, Findings and Conclusions - Pilot Preliminary Subdivision March 16, 2004 Page 5 5220 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 ofthe 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 approximately Y2 mile north ofthe subject site along "N" Street. The nearest public playground area is located approximately one-half mile + north (Crown Park) or east (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 (SEP A) Official issued a Determination of Non significance for the preliminary subdivision on February 5, 2004, therefore satisfying the City's responsibility under the Act. 19. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staff has been notified of the proposed subdivision proposal and per agreement with the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. 20. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance ofthe proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 21. Property owners within 300 feet ofthe proposed subdivision were mailed notice of the proposal on January 12, 2004. The property was posted on January 12, 2004, and publication appeared in the Peninsula Daily News on January 15, 2004. No written comments have been received to date. 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 P AMC, and Chapter 58.17 RCW ofthe Washington State Subdivision Act C. 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 wastes, parks and Conditions. Findings and Conclusions - Pilot Preliminary Subdivision March J 6. 2004 Page 6 5221 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, 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. The site has served as a drainage area over the years due to its topography. Clearing and grading activities will require handling of the existing drainage and future stormwater from the site as a result of development through the subdivision process. F. 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. ~.the POa Angeles City COUll it at its meeting of March 16,2004. Richard Headrick, Mayor ~(~~ ~Uptm. Becky J. U n, y Clerk